The Natural Mineral Water, Spring Water and Bottled Drinking Water (Wales) (Amendment) Regulations 2011

Welsh Statutory Instruments

2011 No. 400 (W.57)

FOOD, WALES

The Natural Mineral Water, Spring Water and Bottled Drinking Water (Wales) (Amendment) Regulations 2011

Made

12 February 2011

Laid before the National Assembly for Wales

15 February 2011

Coming into force

14 March 2011

The Welsh Ministers make the following Regulations in exercise of the powers conferred by sections 16(1)(e), 17(1), 26(1)(a) and 48(1) of the Food Safety Act 1990(1) and now vested in them(2).

In accordance with section 48(4A) of that Act, they have taken into account relevant advice given by the Food Standards Agency.

As required by Article 9 of Regulation (EC) No. 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety(3) there has been open and transparent public consultation during the preparation and evaluation of these Regulations.

Title, commencement and application

1.—(1) The title of these Regulations is the Natural Mineral Water, Spring Water and Bottled Drinking Water (Wales) (Amendment) Regulations 2011 and they come into force on 14 March 2011.

(2) These Regulations apply in relation to Wales.

Amendments to the Natural Mineral Water, Spring Water and Bottled Drinking Water (Wales) Regulations 2007

2.—(1) The Natural Mineral Water, Spring Water and Bottled Drinking Water (Wales) Regulations 2007(4) (“the 2007 Regulations”) are amended as follows.

(2) In regulation 3(1)(a), for “the Veterinary Medicines Regulations 2005(5)” substitute “the Veterinary Medicines Regulations 2009(6)”.

(3) Insert after regulation 3—

“Additional language

3A.   Nothing in these Regulations prevents a bottle being marked or labelled with any other language in addition to English.”.

Gwenda Thomas

Deputy Minister for Social Services under authority of the Minister for Health and Social Services, one of the Welsh Ministers

12 February 2011

Explanatory Note

(This note is not part of the Regulations)

These Regulations further amend the Natural Mineral Water, Spring Water and Bottled Drinking Water (Wales) Regulations 2007 (S.I. 2007/3165 (W.276)) by:

(a updating the reference to the Veterinary Medicines Regulations 2009 (S.I. 2009/2297) in regulation 3(1)(a) of the 2007 Regulations (regulation 2(2)); and

(b) providing that languages in addition to English may be used on the marking or label (regulation 2(3)).

(1)

1990 c. 16; section 1(1) and (2) (definition of “food”) was substituted by S.I. 2004/2990. Sections 17 and 48 were amended by paragraphs 12 and 21 respectively of Schedule 5 to the Food Standards Act 1999 (1999 c. 28), (“the 1999 Act”). Section 48 was also amended by S.I. 2004/2990. Section 26(3) was amended by Schedule 6 to the 1999 Act. Section 53(2) was amended by paragraph 19 of Schedule 16 to the Deregulation and Contracting Out Act 1994 (1994 c. 40), Schedule 6 to the 1999 Act, S.I. 2004/2990 and S.I. 2004/3279.

(2)

Functions formerly exercisable by “the Ministers” (being, in relation to England and Wales and acting jointly, the Minister of Agriculture, Fisheries and Food and the Secretaries of State respectively concerned with health in England and food and health in Wales and, in relation to Scotland, the Secretary of State) so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I.1999/672) as read with section 40(3) of the 1999 Act, and subsequently transferred to the Welsh Ministers by paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (2006 c. 32). Those functions so far as exercisable in relation to Scotland were transferred to the Scottish Ministers by section 53 of the Scotland Act 1998 (1998 c. 46) as read with section 40(2) of the 1999 Act.

(3)

OJ No. L31, 1.2.2002, p.1, as last amended by Regulation (EC) No. 596/2009 of the European Parliament and of the Council adapting a number of instruments subject to the procedure referred to in Article 251 of the Treaty to Council Decision 1999/468/EC with regard to the regulatory procedure with scrutiny: Adaptation to the regulatory procedure with scrutiny — Part Four (OJ No. L188, 18.7.2009, p.14).

(4)

S.I. 2007/3165 (W.276), amended by S.I. 2009/1897 (W.170), and S.I. 2010/748 (W.76).

(5)

S.I. 2005/2745.

(6)

S.I. 2009/2297.