PART 2Natural mineral water

Labelling of natural mineral water11

1

A person must not bottle natural mineral water and label it with—

a

a trade description which includes the name of the locality, hamlet or other place, unless that trade description refers to a natural mineral water spring, the spring of which, is exploited at the place indicated by that description and is not misleading as regards the place of exploitation of the spring;

b

a trade description which is different from the name of the spring or the place of its exploitation, unless the name of the spring or place of exploitation is also labelled on the bottle, using letters at least one and a half times the height and width of the largest of the letters used for that trade description;

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 the spring, the results of analyses or any similar references to guarantees of authenticity;

d

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

e

any indication listed in the first column of the Table in Schedule 6, except where the natural mineral water meets the criterion so listed and corresponds to the indication;

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 the physico-chemical analysis and pharmacological, physiological and clinical examination.

2

A person must not bottle natural mineral water and label it with a sales description other than—

a

“natural mineral water”; or

b

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

i

“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;

ii

“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

iii

“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.

3

A person must not bottle natural mineral water unless the bottle is labelled with—

a

a statement of analytical composition indicating the characteristic constituents of the water;

b

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

c

where the water 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;

d

where the water has undergone an ozone-enriched air treatment, the words “water subjected to an authorised ozone-enriched air oxidation technique”, which must appear in proximity to the analytical composition of characteristic constituents; and

e

where its fluoride concentration exceeds 1.5 mg/l—

i

the words “contains more than 1.5 mg/l of fluoride; not suitable for regular consumption by infants and children under 7 years of age”, which must appear in immediate proximity to the trade name and in clearly visible characters; and

ii

the actual fluoride content in relation to the physico-chemical composition, which must be included within the statement referred to in paragraph (3)(a).