The Natural Mineral Water, Spring Water and Bottled Drinking Water Regulations (Northern Ireland) 2015

Explanatory Note

(This note is not part of the Regulations)

These Regulations implement and enforce the following European instruments—

(a)

Council Directive 98/83/EC relating to the quality of water intended for human consumption (OJ No L 330, 3.11.98, p32), so far as it applies to water intended to be labelled and sold as “spring water” and bottled drinking water;

(b)

Directive 2009/54/EC of the European Parliament and of the Council on the exploitation and marketing of natural mineral waters (Recast) (OJ No L 164, 26.6.09, p45);

(c)

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 water bottled and labelled as “spring water” (OJ No L 126, 22.5.03, p34);

(d)

Commission Regulation (EU) No 115/2010 laying down the conditions for use of activated alumina for the removal of fluoride from natural mineral waters and water bottled and labelled “spring water”;

(e)

In relation to water bottled and labelled as “spring water” and bottled drinking water, Council Directive 2013/51/Euratom laying down the requirements for the protection of the health of the general public with regard to radioactive substances in water intended for human consumption (OJ No L 296, 7.11.13, p12).

The Regulations—

(a)

provide for exemptions from the Regulations in relation to specified types of water and for ice for cooling food (regulation 3);

(b)

prescribe the conditions for recognition of natural mineral water, the procedures for withdrawal of such recognition and provide for review of decisions not to grant or to withdraw recognition where that is requested by the person affected by the decision (regulations 4, 5, 6 and 7);

(c)

set out the conditions which must be satisfied for springs to be exploited with a view to marketing water from them as natural mineral water and prohibit exploitation of polluted springs until the cause of the pollution is eradicated (regulation 8);

(d)

prohibit subjection of natural mineral water to treatments and additions other than specified ones, subject to an exception in the case of such water when used in the manufacture of soft drinks (regulation 9);

(e)

prohibit bottling of natural mineral water where specified requirements relating to exploitation of the spring and bottling of the water are not complied with; prohibit bottling in containers not satisfying specified requirements and prohibit bottling of natural mineral water containing specified substances above specified limits and prescribe the methods to be used for detection of such substances (regulation 10);

(f)

restrict the labelling that may be applied to bottled natural mineral water (including effervescent natural mineral water), require such water to be labelled with specified information and in two respects regulate advertising of such water in addition to its labelling (regulations 11 and 12);

(g)

prohibit sale of water in a bottle whose marking or labelling uses the name “natural mineral water” unless it is such water; impose other prohibitions in relation to the sale of bottled natural mineral water; and prohibit the sale of natural mineral water from a single spring under more than one trade description (regulation 13);

(h)

prohibit bottling of water in a bottle labelled “spring water” unless the water satisfies specified requirements, prohibit such bottling where the water has been treated with ozone enriched air unless the treatment is an authorised one and prohibit exploitation of polluted springs until the cause of the pollution is eradicated (regulation 14);

(i)

prohibit subjection of water bottled and labelled “spring water” to treatments and additions other than specified ones. (Regulation 15);

(j)

impose restrictions on bottling and labelling water as “spring water” , require such water to be labelled with specified information and in one respect regulate advertising of such water in addition to its labelling (regulations 16 and 17);

(k)

prohibit sale of water bottled in a bottle labelled “spring water” if the water does not comply with the requirements as regards bottling and as regards labelling and advertisement in regulations 16 and 17 respectively, and prohibit sale of such water from one spring under more than one trade description (regulation 18);

(l)

prohibit bottling of drinking water unless it satisfies the requirements of Schedule 7 (regulation 19);

(m)

impose restrictions on the labelling and advertising of bottled drinking water (regulation 20 and 21);

(n)

prohibit sale of bottled drinking water not bottled in accordance with regulation 19 or not labelled in accordance with regulation 20 (regulation 22);

(o)

prescribes the requirements for monitoring natural mineral water, water bottled and labelled as “spring water” and bottled drinking water for the purpose of ensuring that the requirements of these Regulations are satisfied (regulations 23 to 31). Regulation 27 prescribes the remedial action that must be taken by a district council in relation to water bottled and labelled as “spring water” and bottled drinking water in the event on non-compliance with the parametric values for the parameters set out in Schedule 7;

(p)

imposes an obligation on district councils to execute and enforce the Regulations (regulation 32);

(q)

applies certain provisions of the Food Safety (Northern Ireland) Order 1991 (1991 N.I.7) with modifications. This includes the application (with modifications) of Article 9(1), enabling an improvement notice to be served requiring compliance with specified provisions of the Regulations. The provisions, as applied, make the failure to comply with an improvement notice an offence (regulations 33, 34 and Schedule 12);

(r)

provides for transitional provisions (regulation 35);

(s)

revoke the Natural Mineral Water Spring Water and Bottled Drinking Water Regulations (Northern Ireland) 2007 (S.R. 2007 No.420), the Natural Mineral Water, Spring Water and Bottled Drinking Water (Amendment) Regulations (Northern Ireland) 2009 (S.R.2009 No.260), the Natural Mineral Water, Spring Water and Bottled Drinking Water (Amendment) Regulations (Northern Ireland) 2010 (S.R.2010 No.68), the Natural Mineral Water, Spring Water and Bottled Drinking Water (Amendment) (No. 2) Regulations (Northern Ireland) 2010 (S.R.2010 No.127) and the Natural Mineral Water, Spring Water and Bottled Drinking Water (Amendment) Regulations (Northern Ireland) 2011 (S.R. 2011 No.53) (regulation 36); and

(t)

makes consequential amendments to other legislation (regulation 37 and Schedule 13).