PART IVMiscellaneous and supplemental
Defences18
1
In any proceedings for an offence under these Regulations, other than in relation to natural mineral water, it shall be a defence for the person charged to prove—
a
that the water in respect of which the offence was alleged to have been committed was intended for export to a country which has legislation analogous to these Regulations and that it complies with that legislation; and
b
if the water was intended for export to an EEA State, that—
i
in the case of water marked or labelled with the term “spring water”, the legislation complies with the provisions of Directives 80/777 and 80/778; and
ii
in the case of bottled drinking water, the legislation complies with the provisions of Directive 80/778.
2
In any proceedings for an offence under these Regulations in relation to the sale of any water other than drinking water it shall be a defence for the person charged to prove that—
a
the water in respect of which the offence is alleged to have been committed was placed on the market or labelled, as the case may be, before 28th October 1998; and
b
if it had been committed before the date these Regulations came into operation the act alleged to constitute the offence would not have constituted an offence under—
i
in the case of natural mineral water, the Natural Mineral Waters Regulations (Northern Ireland) 1985; or
ii
in the case of water marked or labelled with the description “spring water”, the Drinking Water in Containers Regulations (Northern Ireland) 199414.
3
In any proceedings for an offence under these Regulations in which it is alleged that any natural mineral water is marked or labelled in contravention of sub-paragraph (d), (f) or (g) of regulation 10(1) it shall be a defence for the person charged to show—
a
where the natural mineral water is recognised in Northern Ireland, that—
i
the water is intended for export to an EEA State; and
ii
the water is marked or labelled with no indication within the meaning of Article 9.2 other than one which is authorised in that State in accordance with that Article for use in relation to that water; and
b
where the natural mineral water is recognised in an EEA State other than the United Kingdom, the water is marked or labelled with no indication within the meaning of Article 9.2 other than one which is authorised in that State in accordance with that Article for use in relation to that water.