The Natural Mineral Water, Spring Water and Bottled Drinking Water (Scotland) (No. 2) Regulations 2007

PART 1 S Introductory

Citation, commencement and extent S

1.—(1) These Regulations may be cited as the Natural Mineral Water, Spring Water and Bottled Drinking Water (Scotland) (No. 2) Regulations 2007 and shall come into force on 30th October 2007.

(2) These Regulations extend to Scotland only.

Commencement Information

I1 Reg. 1 in force at 30.10.2007, see reg. 1(1)

Interpretation S

2.—(1) In these Regulations–

“the Act” means the Food Safety Act 1990;

[F1 “advertisement” means a representation in any form in connection with a trader or business in order to promote the supply of goods and “advertise” is to be construed accordingly;]

“the Agency” means the [F2 Food Standards Scotland];

[F3 “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; F4 ...

(b)

[F5 in the case of natural mineral water or spring water brought into Scotland from England or Wales, a treatment which complies with Articles 1 to 3 of Regulation 115/2010;

(c)

in the case of natural mineral water or spring water brought into Scotland from Northern Ireland or from an EEA State, a treatment which complies with Articles 1 and 2 of Regulation 115/2010 as it has effect in EU law;

(d)

in the case of natural mineral water or spring water brought into Scotland from a country outside the United Kingdom and the EEA, a treatment which complies with Articles 1 and 2 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)

[F6 in the case of water brought into Scotland from other parts of the United Kingdom, a treatment that complies with the relevant bottled water legislation in force in that part of the United Kingdom;]

“bottle”, the noun, 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 and “bottle”, the verb, and “bottled” shall be construed accordingly;

F7 ...

[F8 “Directive 96/29” means Council Directive 96/29/Euratom laying down basic safety standards for the protection of the health of workers and the general public against the dangers arising from ionizing radiation;]

“Directive 98/83” means Council Directive 98/83/EC relating to the quality of water intended for human consumption(1) as corrected by a Corrigendum dated 20th April 2001(2);

F9 ...

[F10 “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);]

[F8 “Directive 2013/51” means Council Directive 2013/51/Euratom laying down requirements for the protection of the health of the general public with regard to radioactive substances in water intended for human consumption;]

“drinking water” means water 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;

“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;

“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 [F11 on account of] the following characteristics having been preserved intact because of the underground origin of the water, which [F11 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 [F12 appropriate], by certain effects;

(ii)

its original [F13 purity]; and

(d)

is for the time being recognised in accordance with regulation 4;

“parameter” means a property, element, organism or substance listed in the second column of the Tables 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 the Tables in Part 2 of Schedule 2 as measured by reference to the unit of measurement so specified;

[F14 “Regulation 115/2010” means 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;]

[F15 “Regulation 1169/2011” means Regulation (EU) No. 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004(b);]

[F16 “relevant bottled water legislation” means—

(a)

in relation to England, the Natural Mineral Water, Spring Water and Bottled Drinking Water (England) Regulations 2007;

(b)

in relation to Northern Ireland, the Natural Mineral Water, Spring Water and Bottled Drinking Water Regulations (Northern Ireland) 2015;

(c)

in relation to Wales, the Natural Mineral Water, Spring Water and Bottled Drinking Water (Wales) Regulations 2015;]

“sell” includes possess for sale and offer, expose or advertise for sale, and “sale” shall be construed accordingly.

[F17 “third country” means any country, other than the United Kingdom, and includes—

(a)

the Bailiwick of Guernsey;

(b)

the Bailiwick of Jersey;

(c)

the Isle of Man.]

(2) Other expressions used both in these Regulations and in Council Directives [F18 96/29, 98/83, F19 ... 2009/54 and 2013/51] have the same meaning in these Regulations as they have 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 Directive [F20 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 after bottling.

Textual Amendments

F1 Words in reg. 2(1) substituted (13.12.2014) by The Food Information (Scotland) Regulations 2014 (S.S.I. 2014/312), reg. 1(2), sch. 5 para. 15(a)

F2 Words in reg. 2(1) substituted (1.4.2015) by The Food (Scotland) Act 2015 (Consequential and Transitional Provisions) Order 2015 (S.S.I. 2015/100), arts. 1(2), 2, sch. para. 18

F3 Words in reg. 2(1) inserted (9.4.2010) by The Natural Mineral Water, Spring Water and Bottled Drinking Water (Scotland) Amendment Regulations 2010 (S.S.I. 2010/89), regs. 1, 3(a)

F4 Word in reg. 2(1) omitted (22.3.2021) by virtue of The Food, Natural Mineral Water, Spring Water and Bottled Drinking Water (EU Exit) (Scotland) (Amendment) Regulations 2021 (S.S.I. 2021/66), regs. 1(2), 2(2)(a)(i)(aa)

F5 Words in reg. 2(1) substituted (22.3.2021) by The Food, Natural Mineral Water, Spring Water and Bottled Drinking Water (EU Exit) (Scotland) (Amendment) Regulations 2021 (S.S.I. 2021/66), regs. 1(2), 2(2)(a)(i)(bb)

F6 Words in reg. 2(1) substituted (22.3.2021) by The Food, Natural Mineral Water, Spring Water and Bottled Drinking Water (EU Exit) (Scotland) (Amendment) Regulations 2021 (S.S.I. 2021/66), regs. 1(2), 2(2)(a)(ii)

F7 Words in reg. 2(1) omitted (16.7.2009) by virtue of The Natural Mineral Water, Spring Water and Bottled Drinking Water (Scotland) Amendment Regulations 2009 (S.S.I. 2009/273), regs. 1(2), 3(a)

F8 Words in reg. 2(1) inserted (28.11.2015) by The Natural Mineral Water, Spring Water and Bottled Drinking Water (Scotland) Amendment Regulations 2015 (S.S.I. 2015/363), regs. 1, 3(1)

F9 Words in reg. 2(1) omitted (22.3.2021) by virtue of The Food, Natural Mineral Water, Spring Water and Bottled Drinking Water (EU Exit) (Scotland) (Amendment) Regulations 2021 (S.S.I. 2021/66), regs. 1(2), 2(2)(a)(iii)

F10 Words in reg. 2(1) inserted (16.7.2009) by The Natural Mineral Water, Spring Water and Bottled Drinking Water (Scotland) Amendment Regulations 2009 (S.S.I. 2009/273), regs. 1(2), 3(b)

F11 Words in reg. 2(1) substituted (16.7.2009) by The Natural Mineral Water, Spring Water and Bottled Drinking Water (Scotland) Amendment Regulations 2009 (S.S.I. 2009/273), regs. 1(2), 3(c)(i)

F12 Word in reg. 2(1) substituted (16.7.2009) by The Natural Mineral Water, Spring Water and Bottled Drinking Water (Scotland) Amendment Regulations 2009 (S.S.I. 2009/273), regs. 1(2), 3(c)(ii)

F13 Word in reg. 2(1) substituted (16.7.2009) by The Natural Mineral Water, Spring Water and Bottled Drinking Water (Scotland) Amendment Regulations 2009 (S.S.I. 2009/273), regs. 1(2), 3(c)(iii)

F14 Words in reg. 2(1) inserted (9.4.2010) by The Natural Mineral Water, Spring Water and Bottled Drinking Water (Scotland) Amendment Regulations 2010 (S.S.I. 2010/89), regs. 1, 3(b)

F15 Words in reg. 2(1) inserted (13.12.2014) by The Food Information (Scotland) Regulations 2014 (S.S.I. 2014/312), reg. 1(2), sch. 5 para. 15(b)

F16 Words in reg. 2(1) inserted (22.3.2021) by The Food, Natural Mineral Water, Spring Water and Bottled Drinking Water (EU Exit) (Scotland) (Amendment) Regulations 2021 (S.S.I. 2021/66), regs. 1(2), 2(2)(a)(iv)

F17 Words in reg. 2(1) inserted (22.3.2021) by The Food, Natural Mineral Water, Spring Water and Bottled Drinking Water (EU Exit) (Scotland) (Amendment) Regulations 2021 (S.S.I. 2021/66), regs. 1(2), 2(2)(a)(v)

F18 Words in reg. 2(2) substituted (28.11.2015) by The Natural Mineral Water, Spring Water and Bottled Drinking Water (Scotland) Amendment Regulations 2015 (S.S.I. 2015/363), regs. 1, 3(2)

F19 Word in reg. 2(2) omitted (22.3.2021) by virtue of The Food, Natural Mineral Water, Spring Water and Bottled Drinking Water (EU Exit) (Scotland) (Amendment) Regulations 2021 (S.S.I. 2021/66), regs. 1(2), 2(2)(b)

F20 Word in reg. 2(2)(3) substituted (16.7.2009) by The Natural Mineral Water, Spring Water and Bottled Drinking Water (Scotland) Amendment Regulations 2009 (S.S.I. 2009/273), regs. 1(2), 4

Commencement Information

I2 Reg. 2 in force at 30.10.2007, see reg. 1(1)

Exemptions S

3.—(1) These Regulations do not apply to any water which–

(a) has a product licence issued under the Medicines Act 1968(3) or a marketing authorisation within the meaning of the Medicines for Human Use (Marketing Authorisations etc.) Regulations 1994(4) or a marketing authorisation to which [F21 the Veterinary Medicines Regulations 2009] apply;

(b) is a natural mineral water which is used at source for curative purposes in thermal or hydromineral establishments;

(c) is not intended for sale for drinking by humans; or

[F22 (d) is a natural mineral water intended for—

(i) movement into Northern Ireland;

(ii) export to a third country.]

(2) These Regulations do not apply to packaged ice portions intended for use in cooling food.

Textual Amendments

F21 Words in reg. 3(1)(a) substituted (14.3.2011) by The Natural Mineral Water, Spring Water and Bottled Drinking Water (Scotland) Amendment Regulations 2011 (S.S.I. 2011/94), regs. 1, 2(2)

F22 Reg. 3(1)(d) substituted (22.3.2021) by The Food, Natural Mineral Water, Spring Water and Bottled Drinking Water (EU Exit) (Scotland) (Amendment) Regulations 2021 (S.S.I. 2021/66), regs. 1(2), 2(3)

Commencement Information

I3 Reg. 3 in force at 30.10.2007, see reg. 1(1)

[F23 Additional language S

3A.   Nothing in these Regulations prevents a bottle being marked or labelled with any other language in addition to English.]

Textual Amendments

F23 Reg. 3A inserted (14.3.2011) by The Natural Mineral Water, Spring Water and Bottled Drinking Water (Scotland) Amendment Regulations 2011 (S.S.I. 2011/94), regs. 1, 2(3)

(1)

O.J. No. L 330, 5.12.98, p.32.

(2)

O.J. No. L 111, 20.4.01, p.31.

(3)

1968 c. 67.

(4)

S.I. 1994/3144; to which there are amendments not relevant to these Regulations.