The Natural Mineral Water, Spring Water and Bottled Drinking Water Regulations (Northern Ireland) 2007

Interpretation N.I.

2.—(1) In these Regulations —

[F1 “advertisement” means a representation in any form in connection with a trade or business in order to promote the supply of goods;]

“the Agency” means the Food Standards Agency;

[F2 “authorised activated alumina treatment” means—

(a)

a treatment of natural mineral water and spring water with activated alumina in order to remove fluoride, that has been authorised in accordance with Schedule 1A; or

(b)

in the case of natural mineral water or spring water brought into Northern Ireland from another part of the United Kingdom or from another EEA state, a treatment which complies with Articles 1 to 3 of Regulation 115/2010;]

“authorised ozone-enriched air oxidation technique” means—

(a)

a treatment with ozone-enriched air authorised and carried out in accordance with Schedule 1; or

(b)

in the case of water brought into Northern Ireland from other parts of the United Kingdom or from another EEA State a treatment which complies with Article 5 of Directive 2003/40 as implemented in that part of the United Kingdom or that EEA State;

“bottle” means a closed container of any kind in which water is sold for drinking by humans or from which water sold for drinking by humans is derived;

F3 ...(1)(2)

“Directive 98/83” means Council Directive 98/83/EC relating to the quality of water intended for human consumption(3);

“Directive 2003/40” means Commission Directive 2003/40/EC establishing the list, concentration limits and labelling requirements for the constituents of natural mineral waters and the conditions for using ozone-enriched air for the treatment of natural mineral waters and spring waters(4);

[F4 “Directive 2009/54” means Directive 2009/54/EC of the European Parliament and of the Council on the exploitation and marketing of natural mineral waters (Recast);]

“drinking water” means water which is intended for sale for drinking by humans other than —

(a)

natural mineral water; or

(b)

water bottled in a bottle marked or labelled “spring water” in accordance with regulation 11;

[F5 “EEA State” means a member State of the European Communities, Norway, Iceland and Liechtenstein;]

“effervescent natural mineral water” means natural mineral water which, at source or after bottling, gives off carbon dioxide spontaneously and in a clearly visible manner under normal conditions of temperature and pressure;

[F6 “natural mineral water” means water which—

(a)

is microbiologically wholesome;

(b)

originates in an underground water table or deposit and emerges from a spring tapped at one or more natural or bore exits;

(c)

can be clearly distinguished from ordinary drinking water on account of the following characteristics having been preserved intact because of the underground origin of the water, which origin shall have been protected from all risk of pollution—

(i)

its nature, which is characterised by its mineral content, trace elements or other constituents and, where appropriate, by certain effects, and

(ii)

its original purity; and

(d)

is for the time being recognised pursuant to and in accordance with regulation 4;]

“parameter” means a property, element, organism or substance listed in the second column of any Table in Part 2 of Schedule 2;

“prescribed concentration or value”, in relation to any parameter, means the concentration or value specified in relation to that parameter in any Table in Part 2 of Schedule 2 as measured by reference to the unit of measurement so specified;

“sell” includes possess for sale and offer, expose or advertise for sale; and

“the Order” means the Food Safety (Northern Ireland) Order 1991:

(2) Other expressions used both in these Regulations and in [F7 Directive 2009/54] or Directive 98/83 have the same meaning in these Regulations as they bear in the Directive concerned.

(3) Any reference in these Regulations to a numbered Article or Annex is, a reference to the Article or Annex so numbered in [F7 Directive 2009/54] .

(4) Any reference in these Regulations to the marking or labelling of a bottle includes both marking or labelling done before any water is bottled and marking or labelling done after bottling.

Textual Amendments

F1 Words in reg. 2(1) substituted (13.12.2014) by The Food Information Regulations (Northern Ireland) 2014 (S.R. 2014/223), reg. 1(2), Sch. 7 para. 16

F2 Words in reg. 2(1) inserted (9.4.2010) by The Natural Mineral Water, Spring Water and Bottled Drinking Water (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/68), regs. 1, 3

F3 Words in reg. 2(1) deleted (16.7.2009) by The Natural Mineral Water, Spring Water and Bottled Drinking Water (Amendment) Regulations (Northern Ireland) 2009 (revoked) 2009 (S.R. 2009/260), regs. 1, 3(a)

F4 Words in reg. 2(1) inserted (16.7.2009) by The Natural Mineral Water, Spring Water and Bottled Drinking Water (Amendment) Regulations (Northern Ireland) 2009 (revoked) 2009 (S.R. 2009/260), regs. 1, 3(b)

F5 Words in reg. 2(1) substituted (16.7.2009) by The Natural Mineral Water, Spring Water and Bottled Drinking Water (Amendment) Regulations (Northern Ireland) 2009 (revoked) 2009 (S.R. 2009/260), regs. 1, 3(c)

F6 Words in reg. 2(1) substituted (16.7.2009) by The Natural Mineral Water, Spring Water and Bottled Drinking Water (Amendment) Regulations (Northern Ireland) 2009 (revoked) 2009 (S.R. 2009/260), regs. 1, 3(d)

F7 Words in reg. 2(2)(3) substituted (16.7.2009) by The Natural Mineral Water, Spring Water and Bottled Drinking Water (Amendment) Regulations (Northern Ireland) 2009 (revoked) 2009 (S.R. 2009/260), regs. 1, 4(1)(2)

Commencement Information

I1 Reg. 2 in operation at 31.10.2007, see reg. 1

(1)

OJ No. L229, 30.8.80, p.1, as last amended by Regulation (EC) No. 1882/2003 of the European Parliament and of the Council adapting to Council Decision 1999/468/EC the provisions relating to Committees which assist the Commission in the exercise of its implementing powers laid down in instruments subject to the procedure referred to in Article 251 of the EC Treaty (OJ No. L284, 31.10.2003, p.1)

(2)

OJ No L229, 23.11.96, p.26

(3)

OJ No. L330, 5.12.98, p.32

(4)

OJ No. L126, 22.5.03, p.34