- Latest available (Revised)
- Original (As made)
There are currently no known outstanding effects for the The Natural Mineral Water, Spring Water and Bottled Drinking Water (Scotland) (No. 2) Regulations 2007, Section 16.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
16.—[F1(1)] Each food authority shall, within its area–
(a)enforce and execute these Regulations;
[F2(b)carry out periodic checks on any authorised activated alumina treatment in respect of which the authorisation was granted by it in accordance with Schedule 1A, to ensure that the requirements of that Schedule continue to be satisfied;]
(c)carry out periodic checks on any water which has been recognised as a natural mineral water to ensure that–
(i)the composition, temperature and other essential characteristics of the water remain stable within the limits of [F3natural] fluctuation,
(ii)without prejudice to item (i), the composition, temperature and other essential characteristics of the water are unaffected by any variations in the rate of flow,
(iii)the viable colony count at source (before the water is subjected to any treatment) is reasonably constant, taking into account the qualitative and quantitative composition of the water considered in the recognition of the water and whether it continues to satisfy the requirements of Part 1 of Schedule 3, and
(iv)the requirements of Schedule 4 are met in relation to the water.
(d)carry out periodic checks on any ozone-enriched air oxidation technique authorised by it pursuant to Schedule 1, to ensure that the requirements of that Schedule continue to be satisfied.
[F4(2) For the purposes of carrying out the function referred to in paragraph (1)(a) in relation to bottled drinking water and spring water each food authority shall—
(a)subject to paragraph (3), carry out regular monitoring of the quality of any such water to check whether—
(i)it satisfies the requirements of Directive 98/83;
[F5(ii)it complies with the prescribed concentrations or values in Part 2 of schedule 2 and the parametric values for radon, tritium and indicative dose in Part 3 of schedule 12; and]
F6(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6(iv). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(v)in the case where disinfection forms part of the preparation or distribution of the water concerned, the disinfection treatment applied is efficient and any contamination from disinfection by-products is kept as low as is possible without compromising the disinfection;
F6(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d)carry out additional monitoring in relation to any property, element, substance or organism which is neither a parameter nor a property, element, substance or organism set out in [F7Part 2 of schedule 2 or Part 3 of schedule 12] if the food authority has reason to suspect that it may be present in the water concerned in an amount or number which constitutes a potential danger to human health.
[F8(e)carry out additional monitoring in accordance with Parts 1 and 2 of Schedule 12 to check whether the water complies with the relevant parametric values specified in the table in Part 3 of that Schedule;
(f)for the purpose of monitoring spring water and bottled drinking water required by sub-paragraph (e), carry out sampling and analysis in accordance with Schedule 13 to check compliance with the parametric value for indicative dose specified in the table in Part 3 of Schedule 12;
(g)for the purpose of carrying out the sampling and analysis required by sub-paragraph (f), take samples at the point at which the water is put into the bottle; and
(h)if necessary, take the remedial measures specified in Part 1 of Schedule 12.]
(3) The checks and monitoring referred to in paragraph (2)(a), F9... (d) [F10and (e)] shall be carried out using samples representative of the quality of the water concerned consumed throughout the year in which the samples are taken.]
Textual Amendments
F1Reg. 16 renumbered as reg. 16(1) (9.4.2010) by virtue of The Natural Mineral Water, Spring Water and Bottled Drinking Water (Scotland) Amendment Regulations 2010 (S.S.I. 2010/89), regs. 1, 6(a)
F2Reg. 16(1)(b) substituted (9.4.2010) by The Natural Mineral Water, Spring Water and Bottled Drinking Water (Scotland) Amendment Regulations 2010 (S.S.I. 2010/89), regs. 1, 6(b)
F3Word in reg. 16(c)(i) inserted (21.9.2009) by The Natural Mineral Water, Spring Water and Bottled Drinking Water (Scotland) Amendment Regulations 2009 (S.S.I. 2009/273), regs. 1(2), 7
F4Reg. 16(2)(3) inserted (9.4.2010) by The Natural Mineral Water, Spring Water and Bottled Drinking Water (Scotland) Amendment Regulations 2010 (S.S.I. 2010/89), regs. 1, 6 ©
F5Reg. 16(2)(a)(ii) substituted (27.10.2017) by The Natural Mineral Water, Spring Water and Bottled Drinking Water (Scotland) Amendment Regulations 2017 (S.S.I. 2017/287), regs. 1, 2(a)
F6Reg. 16(2)(a)(iii)(iv)(b)(c) omitted (27.10.2017) by virtue of The Natural Mineral Water, Spring Water and Bottled Drinking Water (Scotland) Amendment Regulations 2017 (S.S.I. 2017/287), regs. 1, 2(b)
F7Words in reg. 16(2)(d) substituted (27.10.2017) by The Natural Mineral Water, Spring Water and Bottled Drinking Water (Scotland) Amendment Regulations 2017 (S.S.I. 2017/287), regs. 1, 2(c)
F8Reg. 16(2)(e)-(h) inserted (28.11.2015) by The Natural Mineral Water, Spring Water and Bottled Drinking Water (Scotland) Amendment Regulations 2015 (S.S.I. 2015/363), regs. 1, 4(2)
F9Words in reg. 16(3) omitted (27.10.2017) by virtue of The Natural Mineral Water, Spring Water and Bottled Drinking Water (Scotland) Amendment Regulations 2017 (S.S.I. 2017/287), regs. 1, 2(d)(i)
F10Words in reg. 16(3) inserted (27.10.2017) by The Natural Mineral Water, Spring Water and Bottled Drinking Water (Scotland) Amendment Regulations 2017 (S.S.I. 2017/287), regs. 1, 2(d)(ii)
Commencement Information
I1Reg. 16 in force at 30.10.2007, see reg. 1(1)
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Executive Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2005 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: