PART IINatural mineral water

Labelling of natural mineral water10

1

No person shall cause a natural mineral water to be marked or labelled with—

a

any sales description other than a sales description referred to in paragraph (2);

b

a trade description which—

i

includes the name of a locality, hamlet or place where the inclusion of that name is not in accordance with Article 8.1; or

ii

is different from the name of the spring or the place of its exploitation other than in accordance with the requirements of Article 8.3;

c

any designation, proprietary name, trade mark, brand name, illustration or other sign, whether emblematic or not, the use of which is forbidden by Article 9.1(a);

d

any indication (other than those specified in sub-paragraphs (f) and (g)) attributing to the natural mineral water properties relating to the prevention, treatment or cure of a human illness;

e

any indication listed in column 1 of Annex III if a criterion appears in column 2 of that Annex opposite the indication and the natural mineral water does not meet that criterion;

f

the indication “may be diuretic” or “may be laxative” unless the natural mineral water has been assessed as possessing the property attributed by the indication in accordance with physico-chemical analysis and pharmacological, physiological or clinical examination, as appropriate; or

g

the indication “stimulates digestion” or “may facilitate the hepato-biliary functions” unless the natural mineral water has been assessed as possessing the property attributed by the indication in accordance with physico-chemical analysis and pharmacological, physiological and clinical examination.

2

The sales description of natural mineral water shall be—

a

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

b

in the case of an effervescent natural mineral water, the description in sub-paragraph (a), (b) or (c) of Section III of Annex I within which the water falls.

3

Natural mineral water shall be marked or labelled with—

a

where it has undergone the treatment of total or partial elimination of free carbon dioxide by exclusively physical methods, the indication “fully de-carbonated” or “partially de-carbonated” as appropriate; and

b

the mandatory information referred to in paragraph (4).

4

The mandatory information for natural mineral waters is—

a

a statement of the analytical composition which statement shall indicate the characteristic constituents of the water; and

b

the name of the place where the spring is exploited and the name of the spring.

5

No person shall sell any natural mineral water which—

a

is marked or labelled in contravention of paragraph (1);

b

has undergone any of the treatments referred to in paragraph (3)(a) unless it is marked or labelled with the appropriate indication in accordance with that paragraph;

c

is not marked or labelled with the mandatory information referred to in paragraph (4); or

d

is marked or labelled with a trade description which is different from the trade description with which any other natural mineral water from the same spring is marked or labelled.