SCHEDULE 1Recognition of natural mineral water
PART 1Natural mineral water extracted from the ground in Northern Ireland
1
A person seeking to have water which is extracted from the ground in Northern Ireland recognised as natural mineral water for the purposes of Article 1 of Directive 2009/54 must apply in writing to the district council within whose district the water is extracted, giving the following information—
a
the particulars specified in paragraph 1 of Part 3;
b
the information obtained as a result of the surveys and analyses required under paragraphs 1 and 2, as read with paragraph 4 of Part 3 are established; and
c
evidence to show that the water contains no substance listed in Part 1 of Schedule 5 at a level which exceeds the maximum limit specified in relation to that substance in that Schedule.
2
Where information on the anions, cations, non-ionised compounds and trace elements is required to be given pursuant to paragraph 1(b), the concentration of each such anion, cation, non-ionised compound and trace element specified in the first column of the tables in Part 4 of this Schedule must be expressed in the unit of measurement specified in the second column of the tables in Part 4.
3
Where information required by paragraph 1 has been given, the district council must assess it and must recognise the water to which the information relates as natural mineral water if it is satisfied that—
a
the water is natural mineral water which complies with paragraph 3 of Section 1 of Annex 1 to Directive 2009/54;
b
the characteristics of the water have been assessed in accordance with—
i
the points numbered 1 to 4 in paragraph 2(a) of Section I of Annex I to Directive 2009/54;
ii
the particulars and criteria listed in Part 3; and
iii
recognised scientific methods.
4
The district council must, on recognising a natural mineral water in accordance with paragraph 3, publish an announcement of such recognition and the grounds on which it has been granted in the Belfast Gazette.
PART 2Natural mineral water extracted from the ground in a country other than an EEA State
1
A person seeking to have a water which is extracted from the ground in a country other than an EEA State recognised as a natural mineral water for the purposes of Article 1 of Directive 2009/54 must apply in writing to the Agency, giving the following information—
a
the particulars in paragraph 1 of Part 3;
b
the information obtained as a result of the surveys and analyses required under paragraphs 2 and 3, as read with paragraph 4 of Part 3; and
c
evidence to show that the water contains no substance listed in Part 1 of Schedule 5 at a level which exceeds the maximum limit specified in relation to that substance in that Schedule.
2
Where information on anions, cations, non-ionised compounds and trace elements is required to be given pursuant to paragraph 1(b), the concentration of each anion, cation, non-ionised compound and trace element specified in the first column of the tables in Part 4 of this Schedule must in the unit of measurement in the second column of the tables in Part 4.
3
The Agency must recognise such a water if the responsible authority of the country in which the water is extracted has certified that—
a
it is satisfied—
i
that the requirements in paragraphs 2 and 3 of Part 3 are established;
ii
with the evidence given pursuant to paragraph 1(c); and
b
periodic checks are made to ascertain that—
i
the water is natural mineral water which complies with paragraph 3 of Section I of Annex I to Directive 2009/54;
ii
the characteristics of the water are assessed in accordance with—
aa
points numbered 1 to 4 in paragraph 2(a) of Section I of Annex I of Directive 2009/54;
bb
the particulars and criteria listed in Part 3; and
cc
recognised scientific methods; and
iii
the provisions of Schedule 4 are being applied by the person exploiting the spring.
4
Recognition of such water lapses after a period of five years unless the responsible district council of the country in which the water is extracted has renewed the certification required by paragraph 3.
5
The Agency must, on recognising water in accordance with this Part publish an announcement of such recognition in the London Gazette, Edinburgh Gazette and Belfast Gazette.
PART 3Requirements and criteria for recognition as a natural mineral water
1
A person seeking to have water recognised as natural mineral water in accordance with paragraph 1 of Part 1 or paragraph 1 of Part 2 of this Schedule, must carry out—
a
geological and hydrological surveys which include the following particulars—
i
the exact site of the catchment with an indication of its altitude, on a map with a scale of not more than 1:1,000;
ii
a detailed geological report on the origin and nature of the terrain;
iii
the stratigraphy of the hydrogeological layer;
iv
a description of the catchment operations; and
v
the demarcation of the area or details of other measures protecting the spring against pollution.
b
physical, chemical and physico-chemical surveys which must establish—
i
the rate of flow of the spring;
ii
the temperature of the water at source and the ambient temperature;
iii
the relationship between the nature of the terrain and the nature and type of minerals in the water;
iv
the dry residues at 180ºC and 260ºC;
v
the electrical conductivity or resistivity, with, the measurement temperature being specified;
vi
the hydrogen ion concentration (pH);
vii
the anions and cations;
viii
the non-ionised elements;
ix
the trace elements;
x
the radio-actinological properties at source;
xi
where appropriate, the relative isotope levels of the constituent elements of water, oxygen (16O –18O) and hydrogen (protium, deuterium, tritium); and
xii
the toxicity of certain constituent elements of the water, taking account of the limits laid down for each of them.
c
a microbiological analysis at source which must show—
i
the absence of parasites and pathogenic micro-organisms;
ii
quantitative determination of the revivable colony count indicative of faecal contamination, demonstrating an absence of—
aa
Escherichia coli and other coliforms in 250ml at 37ºC and 44.5ºC,
bb
faecal streptococci in 250 ml,
cc
sporulated sulphite-reducing anaerobes in 50ml, and
dd
Pseudomonas aeruginosa in 250 ml; and
iii
the revivable total colony count per ml of water—
aa
at 20 to 22ºC in 72 hours on agar-agar or an agar-gelatine mixture, and
bb
at 37ºC in 24 hours on agar-agar.
2
1
Subject to subparagraph (2), a person seeking to have water recognised as natural mineral water in accordance with paragraph 1 of Part 1 or paragraph 1 of Part 2 of this Schedule, must carry out clinical and pharmacological analyses in accordance with scientifically recognised methods which should be suited to the particular characteristics of the natural mineral water and its effect on the human body, such as diuresis, gastric and intestinal functions, and compensation for mineral deficiencies.
2
Clinical analyses may, in appropriate cases, take the place of the pharmacological analyses referred to in subparagraph (1), provided that the consistency and concordance of a substantial number of clinical observations enable the same results to be obtained.
PART 4Particulars of anions, cations, non-ionised compounds and trace elements
Anions | Unit of measurement |
|---|---|
Borate BO3 - | mg/l |
Carbonate CO32- | mg/l |
Chloride Cl- | mg/l |
Fluoride F - | mg/l |
Hydrogen Carbonate HCO3- | mg/l |
Nitrate NO3 - | mg/l |
Nitrite NO2 - | mg/l |
Phosphate PO BO4 3- | mg/l |
Silicate SiO2 2- | mg/l |
Sulphate SO4 2- | mg/l |
Sulphide S2- | mg/l |
Cations | Unit of measurement |
|---|---|
Aluminium Al | mg/l |
Ammonium NH4 + | mg/l |
Calcium Ca | mg/l |
Magnesium Mg | mg/l |
Potassium K | mg/l |
Sodium Na | mg/l |
Non-ionised compounds | Unit of measurement |
|---|---|
Total organic carbon C | mg/l |
Free carbon dioxide CO2 | mg/l |
Silica SiO2 | mg/l |
Trace elements | Unit of measurement |
|---|---|
Barium Ba | mg/l |
Bromine (total) Br | mg/l |
Cobalt Co | mg/l |
Copper Cu | mg/l |
Iodine (total) I | mg/l |
Iron Fe | mg/l |
Lithium Li | mg/l |
Manganese Mn | mg/l |
Molybdenum Mo | mg/l |
Strontium Sr | mg/l |
Zinc Zn | mg/l |
SCHEDULE 2Fluoride removal treatment
1
A person must not carry out fluoride removal treatment on natural mineral water or water intended to be bottled and labelled as “spring water” unless that treatment is authorised by the district council within whose area the water is extracted.
2
A person seeking authorisation to carry out fluoride removal treatment must—
a
apply in writing to the district council within whose area the water is extracted;
b
permit representatives of that district council to examine the proposed method of treatment and place of treatment and take samples for analysis; and
c
provide such information in support of the application as is requested by the district council.
3
The district council must assess the application and any supporting information and must authorise the fluoride removal treatment if it is satisfied that—
a
Articles 1 to 3 of Regulation 115/2010 are complied with in relation to the treatment; and
b
the treatment does not have a disinfectant action.
4
Where the district council decides to authorise a fluoride removal treatment pursuant to paragraph 3, it must inform the applicant in writing and state the date from which the authorisation for use of the treatment has effect.
5
Where the district council decides to refuse to authorise a fluoride removal treatment pursuant to paragraph 3, it must inform the applicant in writing, stating its reasons.
6
Where a fluoride removal treatment has been authorised pursuant to paragraph 3, the person carrying out the treatment must, for the purpose of enabling the district council to assess whether the conditions in paragraph 3 continue to be satisfied—
a
permit representatives of the district council to examine the method of treatment and place of treatment and take samples for analysis; and
b
provide such information related to the treatment as is requested by the district council.
7
Where the district council is satisfied that the conditions specified in paragraph 3 are no longer fulfilled, it may withdraw authorisation of a fluoride removal treatment by giving the person carrying out the treatment a written notice stating the grounds for withdrawal.
8
Where the district council has informed an applicant under paragraph 6 of its decision to refuse to authorise a treatment under paragraph 4 or to withdraw authorisation of a treatment under paragraph 8, the person who wishes to carry out the treatment may within 6 months of being notified of that decision apply to the Agency for a review.
9
The Agency, upon receiving an application under paragraph 8, must within 3 months from the date of that application—
a
make such inquiries into the matter as the Agency considers appropriate;
b
consider the results of those inquiries and any other relevant facts; and
c
either—
i
confirm the decision; or
ii
direct the district council to grant or restore authorisation of a fluoride removal treatment as appropriate.
10
The district council must immediately comply with a direction of the Agency under paragraph 9(c)(ii).
SCHEDULE 3Ozone-enriched air treatment
1
A person must not carry out an ozone-enriched air treatment on natural mineral water or water intended to be bottled and labelled as “spring water” “unless—
a
it is for the purpose of separating compounds of iron, manganese, sulphur and arsenic from water in which they occur naturally at source;
b
prior to treatment the requirements of paragraphs 3, 4 and 5 of Schedule 4 are satisfied; and
c
the treatment does not have a disinfectant action.
2
An ozone-enriched air treatment must not—
a
modify the physico-chemical composition of the water in terms of its characteristic constituents; or
b
leave residues in the water which could pose a risk to public health, or, in the case of the substances listed below, above the levels specified.
Treatment residue | Maximum limit µg/l |
|---|---|
Dissolved ozone | 50 |
Bromate | 3 |
Bromoform | 1 |
3
A person seeking authorisation to carry out an ozone-enriched air treatment must—
a
make an application in writing to the district council in whose area the water is extracted;
b
permit representatives of that district council to examine the proposed method of treatment, and place of treatment and take samples for analysis; and
c
provide such information in support of the application as is requested by the district council.
4
The district council must assess the application and any supporting information and must authorise the ozone-enriched air treatment if it is satisfied that—
a
the treatment process is justified by the composition of the water at source in terms of compounds of iron, manganese, sulphur and arsenic;
b
the person carrying out the treatment is taking all necessary measures to ensure that the treatment is effective and safe; and
c
the treatment otherwise complies with paragraphs 1 and 2.
5
Where the district council decides to authorise an ozone-enriched air treatment pursuant to paragraph 4, it must inform the operator of the treatment in writing stating the date from which the authorisation for use of the treatment has effect.
6
Where the district council refuses to authorise an ozone-enriched air treatment pursuant to paragraph 4, it must inform the applicant in writing, stating its reasons.
7
Where an ozone-enriched air treatment has been authorised pursuant to paragraph 4, the person carrying out the treatment must, for the purpose of enabling the district council to assess whether the conditions in paragraph 4(a) and (b) continue to be satisfied—
a
permit representatives of the district council to examine the method of treatment and place of treatment and take samples for analysis; and
b
provide such information related to the treatment as is requested by the district council.
8
The district council may withdraw authorisation of an ozone-enriched air treatment if it is satisfied that the conditions specified in paragraph 4 are no longer fulfilled, by giving the person operating the treatment a written notice stating the grounds for withdrawal.
9
Where the district council has informed an applicant under paragraph 5 of its decision to refuse to authorise a treatment under paragraph 3 or to withdraw authorisation of a treatment under paragraph 7, the person who wishes to carry out the treatment may within 6 months of being notified of that decision apply to the Agency for a review.
10
The Agency, upon receiving an application under paragraph 9, must within 3 months from the date of that application—
a
make such inquiries into the matter as the Agency considers appropriate;
b
consider the results of those inquiries and any other relevant facts; and
c
either—
i
confirm the decision; or
ii
direct the district council to grant or restore authorisation of the ozone-enriched air treatment as appropriate.
11
The district council must immediately comply with a direction of the Agency under paragraph 10(c)(ii).
SCHEDULE 4Exploitation and bottling requirements for natural mineral water and water intended to be labelled and sold as “spring water”
1
Equipment for exploiting the water must be so installed as to avoid any possibility of contamination and to preserve the properties corresponding to those ascribed to it which the water possesses at source.
2
The spring or outlet must be protected against the risks of pollution.
3
The catchment, pipes and reservoirs must be of materials suitable for water and so built as to prevent any chemical, physico-chemical or microbiological alteration of the water.
4
The conditions of exploitation, particularly the washing and bottling equipment, must meet hygiene requirements including in particular, that containers must be so treated or manufactured as to avoid adverse effects on the microbiological and chemical characteristics of the water.
5
1
Subject to subparagraphs (2) and (3), water must not be transported in containers other than those authorised for distribution to the ultimate consumer.
2
Natural mineral water may be transported from the spring to the bottling plant in a container which is not for distribution to the ultimate consumer if on or before 17th July 1980 water from that spring was so transported.
3
Water intended to be labelled and sold as “spring water” may be transported from the spring to the bottling plant in a container which is not for distribution to the ultimate consumer if, on or before 13th December 1996, water from that spring was so transported.
6
1
The revivable total colony count of the water at source, determined according to subparagraph (2), must conform to the normal viable colony count of that water and must not show that the source of that water is contaminated.
2
The colony count is that determined per ml of water—
a
at 20 to 22ºC in 72 hours on agar-agar or an agar-gelatine mixture; and
b
at 37ºC in 24 hours on agar-agar.
7
1
After bottling, the total colony count of the water at source may not exceed—
a
100 per ml at 20 to 22ºC in 72 hours on agar-agar or on agar-gelatine mixture; and
b
20 per ml at 37ºC in 24 hours on agar-agar.
2
The total colony count of the water must be measured within a period of 12 hours following bottling, the water being maintained at 4ºC +/- 1ºC during that period.
8
Water must be free from—
a
parasites and pathogenic micro-organisms;
b
Escherichia coli and other coliforms and faecal streptococci in any 250 ml sample examined;
c
sporulated sulphite-reducing anaerobes in any 50ml sample examined; and
d
Pseudomonas aeruginosa in any 250 ml sample examined.
SCHEDULE 5Constituents of natural mineral water
PART 1Maximum limits for constituents of natural mineral water
Constituents1 | Maximum limits (mg/l) |
|---|---|
Antimony | 0.0050 |
Arsenic | 0.010 (as total) |
Barium | 1.0 |
Cadmium | 0.003 |
Chromium | 0.050 |
Copper | 1.0 |
Cyanide | 0.070 |
Fluoride | 5.0 |
Lead | 0.010 |
Manganese | 0.50 |
Mercury | 0.0010 |
Nickel | 0.020 |
Nitrate | 50 |
Nitrite | 0.1 |
Selenium | 0.010 |
1 The constituents described above refer to constituents naturally present in the water at source and not to substances present as the result of contamination. | |
PART 2Performance characteristics for analysing the constituents in Part 1
Constituents1 | Accuracy of parametric value in %2 | Precision of parametric value3 | Detection limit of parametric value in %4 |
|---|---|---|---|
Antimony | 25 | 25 | 25 |
Arsenic | 10 | 10 | 10 |
Barium | 25 | 25 | 25 |
Cadmium | 10 | 10 | 10 |
Chromium | 10 | 10 | 10 |
Copper | 10 | 10 | 10 |
Cyanide 5 | 10 | 10 | 10 |
Fluoride | 10 | 10 | 10 |
Lead | 10 | 10 | 10 |
Manganese | 10 | 10 | 10 |
Mercury | 20 | 10 | 20 |
Nickel | 10 | 10 | 10 |
Nitrate | 10 | 10 | 10 |
Nitrite | 10 | 10 | 10 |
Selenium | 10 | 10 | 10 |
1 The method of analysis used to measure the concentration of the constituents in Part 1 must be capable of measuring concentrations equal to the parametric value with the specified accuracy, precision and detection limits. Regardless of the sensitivity of the method of analysis, the result must be expressed to at least the same number of decimal places as the maximum limit set out in Part 1 for the particular constituent being analysed. | |||
2 Accuracy is the systematic error and represents the difference between the average value of a large number of repeated measurements and the exact value. | |||
3 Precision represents the random error and is expressed in general as the standard deviation (within a batch and between batches) of a sample of results from the average. Acceptable precision is equal to twice the relative standard deviation. | |||
4 The detection limit is— | |||
(a) three times the relative standard deviation within a batch of a natural sample containing a low concentration of the constituent; or | |||
(b) five times the relative standard deviation within a batch of a virgin sample. | |||
5 The method should make it possible to determine cyanide in all its forms. | |||
SCHEDULE 6Labelling indications for natural mineral water
Indication | Criteria |
|---|---|
Low mineral content | Mineral salt content, calculated as a fixed residue, not greater than 500 mg/l |
Very low mineral content | Mineral salt content, calculated as a fixed residue, not greater than 50 mg/l |
Rich in mineral salts | Mineral salt content, calculated as a fixed residue, greater than 1500 mg/l |
Contains bicarbonate | Bicarbonate content greater than 600 mg/l |
Contains sulphate | Sulphate content greater than 200 mg/l |
Contains chloride | Chloride content greater than 200 mg/l |
Contains calcium | Calcium content greater than 150 mg/l |
Contains magnesium | Magnesium content greater than 50 mg/l |
Contains fluoride | Fluoride content greater than 1 mg/l |
Contains iron | Bivalent iron content greater than 1 mg/l |
Acidic | Free carbon dioxide content greater than 250 mg/l |
Contains sodium | Sodium content greater than 200 mg/l |
Suitable for a low-sodium diet | Sodium content less than 20 mg/l |
SCHEDULE 7Requirements for water bottled and labelled as “spring water” and bottled drinking water including prescribed concentrations or values of parameters
PART 1Requirements for water bottled and labelled as spring water and bottled drinking water
1
Water satisfies the requirements if—
a
the water does not contain any micro-organism (other than a parameter) or parasite, or any property, element or substance (other than a parameter), at a concentration or value which would constitute a potential danger to human health;
b
the water does not contain any substance (whether or not a parameter) at a concentration or value which, in conjunction with any other property, element, substance or organism it contains (whether or not a parameter), would constitute a potential danger to human health; and
c
the water does not contain concentrations or values of any of the parameters listed in the Tables in Part 2, Part 3 and Part 4 in excess of the prescribed concentrations or values.
2
The concentrations or values of the parameters listed in the Tables in Part 2, Part 3 and Part 4 shall be read in conjunction with the notes to those Tables.
PART 2Parametric values for microbiological and chemical parameters
Item | Parameter | Units of Measurement | Maximum Concentration or Value |
|---|---|---|---|
1. | Escherichia coli (E coli) | number/250 ml | 0/250 ml |
2. | Enterococci | number/250 ml | 0/250 ml |
3. | Pseudomonas aeruginosa | number/250ml | 0/250 ml |
4. | Colony count 22ºC | number/ml | 100/ml12 |
5. | Colony count 37ºC | number/ml | 20/ml13 |
1 The total viable colony count should be measured within 12 hours of bottling, with the sample water being kept at a constant temperature during that 12 hour period. Any increase in the total viable colony count of the water between 12 hours after bottling and the time of sale should not be greater than that normally expected. | |||
2 In 72 hours on agar-agar or an agar-gelatine mixture. | |||
3 In 24 hours on agar-agar. | |||
Item | Parameter | Units of Measurement | Maximum Concentration or Value |
|---|---|---|---|
1. | Acrylamide | µg/l | 0.10 1 |
2. | Antimony | µg Sb/l | 5 |
3. | Arsenic | µg As/l | 10 |
4. | Benzene | µg/l | 1.0 |
5. | Benzo (a) pyrene | µg/l | 0.010 |
6. | Boron | mg/l | 1.0 |
7. | Bromate | µg/l BrO3/l | 10 |
8. | Cadmium | µg Cd/l | 5 |
9. | Chromium | µg Cr/l | 50 |
10. | Copper | mg Cu/l | 2 |
11. | Cyanide | µg CN/l | 50 |
12. | 1,2-dichloroethane | µg/l | 3.0 |
13. | Epicholorohydrin | µg/l | 0.10 1 |
14. | Fluoride | mg F/l | 1.5 |
15. | Lead | µg Pb/l | 10 |
16. | Mercury | µg Hg/l | 1 |
17. | Nickel | µg Ni/l | 20 |
18. | Nitrate | mg NO3/l | 50 2 |
19. | Nitrite | mg NO2/l | 0.5 2 |
20. | Pesticides and related products: | ||
- individual substances | µg/l | 0.10 34 | |
- total substances | µg/l | 0.50 35 | |
21. | Polycyclic aromatic hydrocarbons | µg/l | 0.1 sum of concentrations of specified compounds 6 |
22. | Selenium | µg Se/l | 10 |
23. | Tetrachloroethene and Trichloroethene | µg/l | 10 7 |
24. | Trichloromethane, Dicholrorbromomethane, Dibromocholromethane and Tribromomethane | µg/l | 100 7 |
25. | Vinyl chloride | µg/l | 0.50 1 |
1 The parametric value refers to the residual monomer concentration in the water as calculated according to specifications of the maximum release from the corresponding polymer in contact with the water. | |||
2 The concentration (mg/l) of nitrate divided by 50 added to the concentration (mg/l) of nitrite divided by 3 must not exceed 1. | |||
3 “Pesticides” means: | |||
– organic insecticides, | |||
– organic herbicides, | |||
– organic fungicides, | |||
– organic nematocides, | |||
– organic acaricides, | |||
– organic algicides, | |||
– organic rodenticides, | |||
– organic slimicides, and | |||
– related products (inter alia, growth regulators) and their relevant metabolites, degradation and reaction products. | |||
Only those pesticides which are likely to be present in a given water need to be monitored. | |||
4 The maximum concentration applies to each individual pesticide. In the case of aldrin, dieldrin, heptachlor and heptachlor epoxide the maximum concentration is 0.030 µg/l. | |||
5 The maximum concentration for “total substances” refers to the sum of the concentrations of all individual pesticides detected and quantified in the monitoring procedure. | |||
6 The specified compounds are benzo(b)fluoranthene, benzo(k)fluoranthene, benzo(ghi)perylene, indeno(1,2,3-cd)pyrene. | |||
7 The maximum concentration specified applies to the sum of the concentrations of the specified parameters. | |||
PART 3Parametric values for indicator parameters
Item | Parameter | Units of Measurement | Maximum Concentration or Value |
|---|---|---|---|
1. | Aluminium | µg/l | 200 |
2. | Ammonium | mg/l | 0.50 |
3. | Chloride | mg/l | 2501 |
4. | Clostridium perfringens (including spores) | number/100ml | 02 |
5. | Colour | Mg/1 Pt/Co scale | 20 |
6. | Conductivity | µS cm-1 at 20°C | 25001 |
7. | Hydrogen ion concentration | pH units | 4.5 (minimum) 9.5 (maximum)1 |
8. | Iron | µg/l | 200 |
9. | Manganese | µg/l | 50 |
10. | Odour | Dilution number | 3 at 25°C |
11. | Oxidisability | mg/l O2 | 53 |
12. | Sulphate | mg/l | 2501 |
13. | Sodium | mg/l | 200 |
14. | Taste | Dilution number | 3 at 25°C |
15. | Colony Count 22° | No abnormal change | |
16. | Coliform bacteria | number/250ml | 0 |
17. | Total Organic Carbon | No abnormal change | 4 |
18. | Turbidity | Acceptable to consumers and no abnormal change | |
1 The water must not be aggressive. | |||
2 Necessary only if the water originates from or is influenced by surface water. | |||
3 This parameter need not be measured if the parameter Total Organic Carbon is analysed. | |||
4 This parameter need not be measured for supplies of less than 10,000m3 a day. | |||
PART 4Parametric values for radon, tritium and indicative dose (ID)
Item | Parameter | Unit of Measurement | Maximum Concentration or Value |
|---|---|---|---|
1. | Radon | Bq/l | 1001 |
2. | Tritium | Bq/l | 1002 |
3. | Indicative Dose | mSv | 0.10 |
1 Remedial action is deemed to be justified on radiological protection grounds, without further consideration, where radon concentrations exceed 1000 Bq/l. | |||
2 Elevated levels of tritium may indicate the presence of other artificial radionuclides. If the tritium concentration exceeds its parametric value, an analysis of the presence of other artificial radionuclides is required. | |||
SCHEDULE 8Monitoring for parameters other than radioactive substances in water bottled and labelled as “spring water” and bottled drinking water
PART 1Check monitoring
Sampling1
A district council must undertake check monitoring in accordance with this Part.
2
Check monitoring means sampling water bottled and labelled as “spring water” and bottled drinking water for each parameter listed in Table 1 in the circumstances listed in that table in order—
a
to determine whether the water complies with the parametric concentrations or values in Parts 2 and 3 of Schedule 7;
b
to provide information on the organoleptic and microbiological quality of the water; and
c
to establish the effectiveness of the treatment of the water, including disinfection.
Parameter | Circumstances |
|---|---|
Aluminium | Necessary only when used as flocculant |
Ammonium | In all supplies |
Colour | In all supplies |
Conductivity | In all supplies |
Clostridium perfringens (including spores) | Necessary only if the water originates from or is influenced by surface water |
Escherichia coli (E. Coli) | In all supplies |
Hydrogen ion concentration | In all supplies |
Iron | Necessary only when used as flocculant |
Nitrite | Necessary only when chloramination is used as a disinfectant |
Odour | In all supplies |
Pseudomonas aeruginosa | In all supplies |
Taste | In all supplies |
Colony count 22°C and 37°C | In all supplies |
Coliform bacteria | In all supplies |
Turbidity | In all supplies |
Frequency of sampling3
Sampling must be carried out at frequencies specified in Table 2.
Volume of water produced for offering for sale in bottles or containers each day (m3)1 | Number of samples per year |
|---|---|
≤ 10 | 1 |
> 10 ≤ 60 | 12 |
> 60 | 1 for each 5m3 and part thereof of the total volume |
1 The volumes are calculated as averages taken over a calendar year. | |
PART 2Audit Monitoring
Sampling1
A district council must undertake audit monitoring in accordance with this Part.
2
Audit monitoring means sampling water bottled and labelled as “spring water” and bottled drinking water for each parameter listed in Part 2 and 3 of Schedule 7 (other than parameters already being sampled under check monitoring) in order to—
a
provide the information necessary to determine whether the water complies with the parametric concentrations or values in Schedule 7;
b
check that, if disinfection is used, disinfection by-products are kept as low as possible without compromising disinfection; and
3
Sampling must be carried out at frequencies specified in Table 3.
Volume of water produced for offering for sale in bottles or containers each day (m3)1 | Number of samples per year |
|---|---|
≤ 10 | 1 |
> 10 ≥ 60 | 1 |
> 60 | 1 for each 100 m3 and part thereof of the total volume |
1 The volumes are calculated as averages taken over a calendar year. | |
SCHEDULE 9Monitoring for radioactive substances in water bottled and labelled as “spring water” and bottled drinking water
PART 1General
General1
Each district council must monitor water bottled and labelled as “spring water” and bottled drinking water for radon, tritium and indicative dose in accordance with this Part.
Radon2
Each district council must undertake representative surveys to determine the scale and nature of likely exposure to radon originating from different types of ground water sources and wells in different geological areas.
3
The representative surveys must be designed in such a way that underlying parameters, including the geology and hydrology of the area, radioactivity of rock or soil and well type, can be identified and used to direct further action to areas of likely high exposure.
4
Each district council must monitor for radon if there is reason to believe, on the basis of the results of the representative surveys or other reliable information, that the parametric value for radon specified in Part 4 of Schedule 7 might be exceeded.
Tritium5
Each district council must monitor for tritium if an anthropogenic source of tritium or other artificial radionuclide is present within the catchment area and it cannot be shown on the basis of other surveillance programmes or investigations that the level of tritium is below the parametric value specified in Part 4 of Schedule 7.
6
Sampling must be carried out at the frequencies specified in the Table in Part 2.
7
If the concentration of tritium exceeds the parametric value specified in Part 4 of Schedule 7, the district council must investigate the presence of other artificial radionuclides.
Indicative dose8
Each district council must monitor for indicative dose if a source of artificial or elevated natural radioactivity is present and it cannot be shown on the basis of representative monitoring programmes or other investigations that the level of indicative dose is below the parametric value specified in Part 4 of Schedule 7.
9
Sampling must be carried out at the frequencies specified in the Table in Part 2.
10
The district council may use various reliable screening strategies to monitor for the parametric indicator value for indicative dose.
11
If the district council screens for an individual radionuclide or certain radionuclides and—
a
one of the activity concentrations exceeds 20% of the corresponding derived value specified in [Table 1 in Part 2 of Schedule 11]; or
b
where applicable, the concentration of tritium exceeds the parametric value specified in Part 4 of Schedule 7,
the district council must investigate the presence of other radionuclides, as determined by the district council, taking into account all relevant information about likely sources of radioactivity.
12
1
If the district council screens for gross alpha activity and gross beta activity and—
a
the screening level for gross alpha activity exceeds 0.1 Bq/l; or
b
the screening level for gross beta activity exceeds 1.0 Bq/l,
the district council must investigate the presence of other radionuclides as determined by the food authority, taking into account all relevant information about likely sources of radioactivity.
2
The district council may set alternative screening levels for gross alpha activity and gross beta activity if it can demonstrate that the alternative levels are in compliance with an indicative dose of 0.1mSv.
3
If elevated levels of tritium are detected which indicate the presence of other artificial radionuclides, tritium, gross alpha activity and gross beta activity must be measured in the same sample.
4
If the gross alpha activity and gross beta activity are less than 0.1 Bq/l and 1.0 Bq/l respectively, the district council may assume that the indicative dose is less than the parametric value of 0.1 mSv in which case further radiological investigation is not required unless it is known from other sources of information that specific radionuclides are present in the water that are liable to cause an indicative dose in excess of 0.1 mSv.
Exemption from monitoring13
A district council is not required to monitor water bottled and labelled as “spring water” or bottled drinking water for radon, tritium or indicative dose if it—
a
is satisfied on the basis of representative surveys, monitoring data or other reliable information that, for a minimum period of 5 years, the parameter in question will remain below the respective parametric value specified in Part 4 of Schedule 7; and
b
it notifies the Agency of that decision and provides the Agency with a copy of the representative surveys, monitoring data or other reliable information referred to in paragraph (a).
Treatment of bottled drinking water14
Where bottled drinking water has been treated to reduce the level of radionuclides, the district council must carry out monitoring at the frequencies indicated in the Table in Part 2 to ensure the continued efficacy of that treatment.
Averaging15
If a parametric value specified in Part 4 of Schedule 7 is exceeded in a sample of water, the district council must [take further samples, as appropriate, having regard to any guidance issued by the Agency] to ensure that the measured values are representative of an average activity concentration for a full year.
PART 2Minimum sampling and analysis frequencies
Volume of water produced each day within a supply zone12m3 | Number of samples per year 3 |
|---|---|
volume ≤ 100 | 1 |
100 < volume ≤ 100 | 1 |
1,000 < volume ≤ 10,000 | 1 |
+1 for each 3,300m3/d and part thereof of the total volume | |
10, 000 < volume ≤ 100,000 | 3 |
+1 for each 10,000 m3/d and part thereof of the total volume | |
volume > 100,000 | 10 |
+1 for each 25,000 m3/d and part thereof of the total volume | |
1 A supply zone is a geographically defined area within which water intended for human consumption comes from one or more sources and within which water quality may be considered as being approximately uniform. | |
2 The volumes are calculated as averages taken over a calendar year. | |
3 As far as possible, the number of samples should be distributed equally in time and location. | |
SCHEDULE 10Sampling and analysis for parameters other than radioactive substances in water bottled and labelled as “spring water” and bottled drinking water
PART 1General
Analysis of samples1
1
The district council must ensure that each sample is analysed in accordance with Annex III to Directive 98/83 and this Schedule.
2
For each parameter specified in the first column of Table 1 in Part 2 the method of analysis is specified in the second column of that table.
3
For each parameter specified in the first column of Table 2 in Part 2 the method of analysis is one that is capable of—
a
measuring concentrations and values with the trueness and precision specified in the second and third columns of that table; and
b
detecting the parameter at the limit of detection specified in the fourth column of that table.
4
For hydrogen ion, the method of analysis must be capable of measuring a value with a trueness of 0.2pH unit and a precision of 0.2 pH unit.
5
The method of analysis used for odour and taste parameters must be capable of measuring values equal to the parametric value with a precision of 1 dilution number at 25 ºC.
6
For the purpose of this paragraph—
“limit of detection” is—
- a
three times the relative within-batch standard deviation of a natural sample containing a low concentration of the parameter; or
- b
five times the relative within-batch standard deviation of a blank sample;
- a
“precision” (the random error) is twice the standard deviation (within a batch and between batches) of the spread of results about the mean;
“trueness” (the systematic error) is the difference between the mean value of the large number of repeated measurements and the true value.
Authorisation of alternative methods of analysis2
1
The Agency may authorise a method different from that set out in Part 2 if satisfied that it is at least as reliable.
2
An authorisation may be time-limited and may be revoked at any time.
Sampling and analysis by persons other than district councils3
1
A district council may enter into an arrangement for any person to take and analyse samples on its behalf.
2
A district council must not enter into an arrangement under paragraph (1) unless—
a
it is satisfied that the task will be carried out promptly by a person competent to perform it; and
b
it has made arrangements that ensure that any breach of these Regulations is communicated to it immediately, and any other result is communicated to it within 28 days.
PART 2Methods of analysis and performance characteristics
Parameter | Method |
|---|---|
Clostridium perfringens (including spores) | Membrane filtration followed by anaerobic incubation of the membrane on m-CP agar1 at 44 ±1ºC for 21± 3 hours. Count opaque yellow colonies that turn pink or red after exposure to ammonium hydroxide vapours for 20 to 30 seconds. |
Coliform bacteria | BS-EN ISO 9308-1 |
Colony count 22ºC – enumeration of culturable microorganisms | BS-EN ISO 6222 |
Colony count 37ºC – enumeration of culturable microorganisms | BS-EN ISO 6222 |
Enterococci | BS-EN ISO 7899-2 |
Escherichia coli (E. Coli) | BS-EN ISO 9308-1 |
Pseudomonas aeruginosa | BS-EN ISO 12780 |
1 Use the following method to make m-CP agar: | |
Make a basal medium consisting of—
Tryptose | 30.0g |
Yeast extract | 20.0g |
Sucrose | 5.0g |
L-cysteine hydrochloride | 1.0g |
MgSO4.7H2O | 0.1g |
Bromocresol purple | 40.0mg |
Agar | 15.0g |
Water | 1,000.0ml |
Dissolve the ingredients of basal medium, adjust pH to 7.6 and autoclave at 121ºC for 15 minutes. Allow the medium to cool. | |
Dissolve— | |
D-cycloserine | 400.0mg |
Polymyxine-B sulphate | 25.0mg |
Indoxl-β-D-glucoside | 60.0mg |
into 8ml sterile water and add it to the medium. | |
Add to the medium— | |
Filter-sterilised 0.5% phenolphthalein diphosphate solution | 20.0ml |
Filter-sterilised 4.5% FeCl3.6H2O | 2.0ml |
Parameters | Trueness % of prescribed concentration or value specification | Precision % of prescribed concentration or value or specification | Limit of detection % of prescribed concentration or value or specification |
|---|---|---|---|
Aluminium | 10 | 10 | 10 |
Ammonium | 10 | 10 | 10 |
Antimony | 25 | 25 | 25 |
Arsenic | 10 | 10 | 10 |
Benzene | 25 | 25 | 25 |
Benzo(a)pyrene | 25 | 25 | 25 |
Boron | 10 | 10 | 10 |
Bromate | 25 | 25 | 25 |
Cadmium | 10 | 10 | 10 |
Chloride | 10 | 10 | 10 |
Chromium | 10 | 10 | 10 |
Conductivity | 10 | 10 | 10 |
Copper | 10 | 10 | 10 |
Cyanide1 | 10 | 10 | 10 |
1,2-dichloroethane | 25 | 25 | 10 |
Fluoride | 10 | 10 | 10 |
Iron | 10 | 10 | 10 |
Lead | 10 | 10 | 10 |
Manganese | 10 | 10 | 10 |
Mercury | 20 | 10 | 20 |
Nickel | 10 | 10 | 10 |
Nitrate | 10 | 10 | 10 |
Nititre | 10 | 10 | 10 |
Oxidisability2 | 25 | 25 | 10 |
Pesticides and related products3 | 25 | 25 | 25 |
Polycyclic aromatic hydrocarbons4 | 25 | 25 | 25 |
Selenium | 10 | 10 | 10 |
Sodium | 10 | 10 | 10 |
Sulphate | 10 | 10 | 10 |
Tetrachloroethene5 | 25 | 25 | 10 |
Tetrachloromethane | 20 | 20 | 20 |
Trichloroethene5 | 25 | 25 | 10 |
Trihalomethanes4 | 25 | 25 | 10 |
1 The method of analysis should determine total cyanide in all forms. | |||
2 Oxidation should be carried out for 10 minutes at 100ºC under acid conditions using permanganate. | |||
3 The performance characteristics apply to each individual pesticide and will depend on the pesticide concerned. | |||
4 The performance characteristics apply to the individual substances specified at 25% of the parametric value in Table B in Part 2, Schedule 7. | |||
5 The performance characteristics apply to the individual substance specified at 50% of the parametric value in Table B in Part 2, Schedule 7. | |||
SCHEDULE 11Sampling and analysis for indicative dose in water bottled and labelled as “spring water” and bottled drinking water
PART 1General
Analysis of samples1
The district council must ensure that each sample is analysed for indicative dose in accordance with Annex III to Directive 2013/51 and this Part.
2
For each parameter and radionuclide specified in the first column of Table 1 in Part 2, the derived concentration and dose coefficient for calculating the indicative dose is specified in the second column of that table.
3
For each parameter specified in the first column of Table 2 in Part 2, the method of analysis must be one that is capable of detecting the parameter at the limit of detection specified in the second column of that table.
4
If the following formula is satisfied, the indicative dose is considered to be less than the parametric value of 0.1 mSv and no further investigation is required—
where
Ci(obs) = observed concentration radionuclide i
Ci(der) = derived concentration of radionuclide i
n = number of radionuclides detected
PART 2Methods of analysis and performance characteristics
Origin | Nuclide | Derived concentration |
|---|---|---|
Natural | U-2381 | 3.0 Bq/l |
U-2341 | 2.8 Bq/l | |
Ra-226 | 0.5 Bq/l | |
Ra-228 | 0.2 Bq/l | |
Pb-210 | 0.2 Bq/l | |
Po-210 | 0.1 Bq/l | |
Artificial | C-14 | 240 Bq/l |
Sr-90 | 4.9 Bq/l | |
Pu-239/Pu-240 | 0.6 Bq/l | |
Am-241 | 0.7 Bq/l | |
Co-60 | 40 Bq/l | |
Cs-134 | 7.2 Bq/l | |
Cs-137 | 11 Bq/l | |
I-131 | 6.2 Bq/l | |
1 This table allows only for the radiological properties of uranium, not for its chemical toxicity. | ||
Parameters and radionuclides | Limit of detection12 | |
|---|---|---|
Tritium | 10 Bq/l 3 | |
Radon | 10 Bq/l 3 | |
gross alpha activity gross beta activity | 0.04 Bq/l 4 0.4 Bq/l 4 | |
U-238 | 0.02 Bq/l | |
U-234 | 0.02 Bq/l | |
Ra-226 | 0.04 Bq/l | |
Ra-228 | 0.02 Bq/l 5 | |
Pb-210 | 0.02 Bq/l | |
Po-210 | 0.01 Bq/l | |
C-14 | 20 Bq/l | |
Sr-90 | 0.4 Bq/l | |
Pu-239/Pu-240 | 0.04 Bq/l | |
Am-241 | 0.06 Bq/l | |
Co-60 | 0.5 Bq/l | |
Cs-134 | 0.5 Bq/l | |
Cs-137 | 0.5 Bq/l | |
I-131 | 0.5 Bq/l | |
1 The limit of detection is calculated according to the ISO standard 11929: Determination of the characteristic limits (decision threshold, detection limit and limits of the confidence interval) for measurements of ionising radiation – Fundamentals and application, with probabilities of errors of 1st and 2nd kind of 0.05 each. | ||
2 Measurement uncertainties are calculated and reported as complete standard uncertainties, or as expanded standard uncertainties with an expansion factor of 1.96, according to the ISO Guide for the Expression of Uncertainty in Measurement. | ||
3 The limit of detection for tritium and for radon is 10% of its parametric value of 100 Bq/l. | ||
4 The limit of detection for gross alpha activity and gross beta activities are 40% of the screening values of 0.1 and 1.0 Bq/l respectively. | ||
5 This limit of detection applies only to initial screening for indicative dose for a new water source. If initial checking indicates that it is not plausible that Ra-228 exceeds 20% of the derived concentration, the limit of detection may be increased to 0.08 Bq/l for routine Ra-228 nuclide specific measurements, until a subsequent re-check is required. | ||
SCHEDULE 12Application and modification of provisions of the Order
Part 1Modification of Article 9(1)
1
For Article 9(1) (improvement notices), substitute—
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).
PART 2Modification of Article 33(1)
1
In Article 33(1) for subparagraphs (a) to (c) (powers of entry) substitute—
a
to enter any premises within the council's district for the purpose of ascertaining whether there is or has been on the premises any contravention of the 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 specified in Article 9(1A)(b) as applied and modified by regulation 33 and Part 2 of Schedule 12 to the Natural Mineral Water, Spring Water and Bottled Drinking Water Regulations (Northern Ireland) 2015; and
b
to enter any business premises, whether within or outside of the council's district, for the purpose of ascertaining whether there is on the premises any evidence of any contravention within that area of any such provisions;
PART 3Modification of Article 37 and 38
1
For Article 37(1) of the Order (appeals), substitute—
1
Any person who is aggrieved by a decision of an authorised officer to serve an improvement notice under Article 9(1) as applied and modified by Regulation 33(1) and Part 1 of Schedule 12 of the Natural Mineral Water, Spring Water and Bottled Drinking Water Regulations (Northern Ireland) 2015 may appeal to a court of summary jurisdiction
2
In Article 37(2A)(b) for “(1)(a)” substitute “(1) as applied and modified by regulation 34(2) of and Part 3, of Schedule 12 of the Natural Mineral Water, Spring Water and Bottled Drinking Water (Northern Ireland) Regulations 2015.
3
In both Article 38(1) and (2) of the Order after “improvement notice” insert “under Article 9(1) as applied and modified by regulation 33(1) and Part 1 of Schedule 12 of the Natural Mineral Water, Spring Water and Bottled Drinking Water Regulations (Northern Ireland) 2015”.
Part 4Application and modification of other provisions of the Order
Provision of the Order | Modifications |
|---|---|
Article 2(4) (extended meaning of “sale” etc.) Article 3 (application to food offered as prizes etc. | For “this Order” substitute “the Natural Mineral Water, Spring Water and Bottled Drinking Water Regulations (Northern Ireland) 2015”. For “This Order” substitute “The Natural Mineral Water, Spring Water and Bottled Drinking Water Regulations (Northern Ireland) 2015”. |
Article 4 (presumptions that food intended for human consumption) | In paragraph (1), for “this Order” substitute “the Natural Mineral Water, Spring Water and Bottled Drinking Water Regulations (Northern Ireland) 2015”. |
Article 19 (offences due to fault of another person) | For “any of the preceding provisions of this part” substitute “Article 9(2) as applied by regulation 33(1) of, and Schedule 12 to the Natural Mineral Water, Spring Water and Bottled Drinking Water Regulations (Northern Ireland) 2015,”. |
Article 20 (defence of due diligence) | In paragraph (1), for “any of the preceding provisions of this Part” substitute “Article 9(2) as applied by regulation 33(1) of Part 1, Schedule 12 to, the Natural Mineral Water, Spring Water and Bottled Drinking Water Regulations (Northern Ireland) 2015,”. Omit paragraphs (2)-(4) |
Article 29 (procurement of samples) | In paragraph (b)(ii), after “under Article 33 below”, insert “as applied by regulation 34(1) of Part 2, Schedule 12 to the Natural Mineral Water, Spring Water and Bottled Drinking Water Regulations (Northern Ireland) 2015”. |
Article 30(8) (evidence of certificates given by a food analyst or examiner) | For “this Order” substitute “the Natural Mineral Water, Spring Water and Bottled Drinking Water Regulations (Northern Ireland) 2015”. |
Article 34 (obstruction etc. of officers) | In paragraph (1), for “this Order” (in each place where it occurs) substitute “the Natural Mineral Water, Spring Water and Bottled Drinking Water Regulations (Northern Ireland) 2015”. |
Article 36(1) and (2) (punishment of offences) | In paragraph (1), after “Article 34(1)” insert “, as applied and modified by regulation 34(3) of Part 4, Schedule 12 to the Natural Mineral Water, Spring Water and Bottled Drinking Water Regulations (Northern Ireland) 2015” After subparagraph (1), insert— “(1A) A person guilty of an offence under Article 9(2), as applied by regulation 33(1) of Part 1, Schedule 12 to the Natural Mineral Water, Spring Water and Bottled Drinking Water Regulations (Northern Ireland) 2015 shall be liable, on summary conviction, to a fine not exceeding level 5 on the standard scale.”. In paragraph (2) for “any other offence under this Order” substitute “an offence under Article 34, as applied by regulation 34(3) of Part 2, Schedule 12 to the Natural Mineral Water, Spring Water and Bottled Drinking Water Regulations (Northern Ireland) 2015,”. |
SCHEDULE 13Consequential Amendments
The Private Water Supplies Regulations (Northern Ireland) 20091
In regulation 4(a) of the Private Water Supplies Regulations (Northern Ireland) 2009 M1 (exemptions), for “the Natural Mineral Water, Spring Water and Bottled Drinking Water Regulations (Northern Ireland) 2007” substitute “the Natural Mineral Water, Spring Water and Bottled Drinking Water Regulations (Northern Ireland) 2015”
The Food Safety (Sampling and Qualifications) Regulations (Northern Ireland) 20132
In Schedule 1 to the Food Safety (Sampling and Qualifications) Regulations (Northern Ireland) 2013 M2 omit the references to “The Natural Mineral Water, Spring Water and Bottled Drinking Water Regulations (Northern Ireland) 2007”.
The Food Information Regulations (Northern Ireland) 20143
In Schedule 7 to the Food Information Regulations (Northern Ireland) 2014 omit paragraph 16 of Part 2