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

Part 1 N.I. Modification of Article 9(1)

1.  For Article 9(1) (improvement notices), substitute— N.I.

“(1) If an authorised officer has reasonable grounds for believing that a person is failing to comply with any provision specified in paragraph (1A), the authorised officer may, by a notice served on that person (in this Order referred to as an “improvement notice”)—

(a) state the officer's grounds for believing that the person is failing to comply with the relevant provision;

(b) specify the matters which constitute the person's failure so to comply;

(c) specify the measures which, in the officer's opinion, the person must take in order to secure compliance; and

(d) require the person to take those measures, or measures that are at least equivalent to them, within such period as may be specified in the notice.

(1A) The provisions referred to in paragraph (1) are—

(a) any of regulations 8 to 22 of the Natural Mineral Water, Spring Water and Bottled Drinking Water Regulations (Northern Ireland) 2015; and

(b) any of the following provisions of 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 spring waters—

(i) Article 1.2 (requirement that any fluoride removal treatment be performed in accordance with the technical requirements set out in the Annex);

(ii) the first sentence of Article 2 (requirement that the release of residues into natural mineral water or spring water as a result of any fluoride removal treatment be as low as technically feasible according to the best practices and not pose a risk to public health);

(iii) the second sentence of Article 2 (requirement to ensure compliance with the first sentence of Article 2, operators implement and monitor the critical processing steps set out in the Annex);

(iv) Article 3.1 (requirement that the application of fluoride removal treatment be notified to the competent authorities at least three months prior to use); and

(v) Article 4 (requirement that the label on natural mineral water or spring water subjected to any fluoride removal treatment include specified information in proximity to the statement of the analytical composition).”