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The Natural Mineral Water, Spring Water and Bottled Drinking Water (England) (Amendment) Regulations 2009

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Amendment of the Natural Mineral Water, Spring Water and Bottled Drinking Water (England) Regulations 2007

This section has no associated Explanatory Memorandum

5.  In regulation 8 (marking, labelling and advertising of natural mineral water)—

(a)for sub-paragraph (c) of paragraph (1) there is substituted the following sub-paragraph —

(c)any indication, designation, trade mark, brand name, picture or other sign, whether figurative or not, the use of which suggests a characteristic which the water does not possess, in particular as regards its origin, the date of authorisation to exploit it, the results of analyses or any similar references to guarantees of authenticity;;

(b)for sub-paragraph (h) of paragraph (1) there is substituted the following sub-paragraph—

(h)a sales description other than—

(i)in the case of an effervescent natural mineral water, one of the following, as appropriate—

(aa)“naturally carbonated natural mineral water” to describe water whose content of carbon dioxide from the spring after decanting, if any, and bottling is the same as at source, taking into account where appropriate the reintroduction of a quantity of carbon dioxide from the same water table or deposit equivalent to that released in the course of those operations and subject to the usual technical tolerances,

(bb)“natural mineral water fortified with gas from the spring” to describe water whose content of carbon dioxide from the same water table or the same deposit after decanting, if any, and bottling is greater than that established at source, or

(cc)“carbonated natural mineral water” to describe water to which has been added carbon dioxide of an origin other than the water table or deposit from which the water comes; and

(ii)in the case of a natural mineral water other than an effervescent natural mineral water, “natural mineral water”; and

(c)for paragraph (4) there is substituted the following paragraph—

(4) No person shall advertise any natural mineral water under any indication, designation, trade mark, brand name, picture or other sign, whether figurative or not, the use of which suggests a characteristic which the water does not possess, in particular as regards its origin, the date of authorisation to exploit it, the results of analyses or any similar references to guarantees of authenticity..

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