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

PART 3 Spring water

Bottling of spring water and exploitation of spring water springs

10.—(1) No person shall cause any water to be bottled in a bottle marked or labelled with the description “spring water” unless that water–

(a) has been extracted from a spring;

(b) meets the requirements of Schedule 2; and

(c) meets the requirements of Schedule 4.

(2) No person shall cause any water which has been treated with ozone-enriched air to be bottled in a bottle marked or labelled spring water, unless that treatment is an authorised ozone-enriched air oxidation technique.

(3) Where it is found during exploitation that spring water is polluted and that bottling of the water would contravene paragraph 6, 7 or 8 of Schedule 4 no person shall exploit the spring from which the water is extracted until the cause of the pollution is eradicated and the bottling of the water would comply with those paragraphs.

Marking, labelling and advertisement of spring water

11.—(1) No person shall cause any bottle to be marked or labelled with the description “spring water” unless the water contained in it–

(a) is bottled as specified in regulation 10; and

(b) is intended for consumption in its natural state.

(2) No person shall cause any bottle containing water and marked or labelled with the description “spring water” to be marked or labelled with–

(a) a trade description including the name of a locality, hamlet or place, unless that trade description refers to a water 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 that is different from the name of the spring or the place of its exploitation unless the place of exploitation or the name of the spring is also marked or 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.

(3) No person shall cause any water to be bottled in a bottle marked or labelled with the description “spring water” unless the bottle is also marked or labelled with–

(a) the name of the place where the spring in question is exploited; and

(b) the name of the spring; and

(c) in any case where the water has undergone an authorised ozone-enriched air oxidation technique, “water subjected to an authorised ozone-enriched air oxidation technique” which shall appear in proximity to the particulars referred to in sub-paragraphs (a) and (b).

(4) Where, paragraph (2)(b) would apply in relation to the labelling of a spring water to require an indication of the place of exploitation or the name of the spring in addition to a trade description–

(a) the same requirement shall also apply to any written advertisement for that spring water; and

(b) in any other advertisement, at least equivalent importance shall be given to the place of exploitation or the name of the spring as is given to the trade description.

(5) No person shall advertise any spring water in contravention of paragraph (4).

Sale of spring water

12.—(1) No person shall sell any water bottled in a bottle marked or labelled with the description “spring water”–

(a) which has not been bottled in accordance with regulation 10;

(b) which is not marked or labelled in accordance with regulation 11.

(2) No person shall sell water from one and the same spring, bottled in a bottle marked or labelled with the description “spring water”, under more than one trade description.