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

Recognition as natural mineral water S

4.—(1) Water is recognised as a natural mineral water where recognition is granted–

(a) in the case of water extracted from the ground in Scotland, by the food authority, in accordance with Part 1 of Schedule 3;

(b) in the case of water extracted from the ground in another part of the United Kingdom by a responsible authority of that part of the United Kingdom pursuant to Directive [F1 2009/54];

(c) in the case of water extracted from the ground in an EEA State other than the United Kingdom by a responsible authority of that State pursuant to Directive [F1 2009/54]; and

(d) in the case of water extracted from the ground in a country other than an EEA State–

(i) by the Agency, in accordance with Part 2 of Schedule 3; or

(ii) in accordance with an equivalent recognition by a responsible authority in–

(aa) another part of the United Kingdom; or

(bb) an EEA State other than the United Kingdom.

(2) Where, in relation to any water that has been recognised under paragraph (1)(a) or (d)(i), it is found–

(a) that, by analysis in accordance with Part 3 of Schedule 3, the requirements of that Part are not met;

(b) that the requirements of Schedule 4 are not met; or

(c) that the content of the water is not in accordance with paragraph 2(c) in Part 1 or, as the case may be paragraph 2(c) in Part 2 of Schedule 3,

the food authority or, as the case may be, the Agency, may withdraw that recognition until those requirements are met.

(3) Where–

(a) the food authority declines to grant or withdraws recognition of a water; or

(b) the Agency declines to grant or withdraws recognition of a water,

the person who exploits or wishes to exploit the spring from which that water emerges, or, if different, the person who owns land on which that spring is situated, may apply to the Agency for a review of that decision.

(4) Where an application for review of a decision has been made under paragraph (3), the Agency shall make such inquiry into the matter as it considers appropriate, and, having considered the results of that inquiry and any relevant facts elicited by it, shall either–

(a) confirm the decision; or

(b) direct the food authority to grant or restore or itself restore, as appropriate, recognition of the water in question.

(5) A person who exploits a spring from which there is extracted water which is recognised as a natural mineral water in accordance with paragraph 1(a) or (d)(i) may apply to the Agency or food authority, as appropriate, to have that recognition withdrawn.

(6) Where a food authority–

(a) grants, restores or withdraws recognition, it shall immediately inform the Agency of that fact;

(b) is notified of any change to the trade description of a natural mineral water or to the name of a spring from which natural mineral water has been extracted, it shall immediately inform the Agency of that change;

(c) is directed by the Agency under paragraph (4)(b) to grant or restore recognition, it shall immediately comply with that direction.

(7) Any recognition of water as a natural water granted under the Natural Mineral Waters Regulations 1985(1) or the Natural Mineral Water, Spring Water and Bottled Drinking Water Regulations 1999(2) and subsisting on the date that these Regulations come into force shall–

(a) in the case of water extracted from the ground in Scotland, be treated as if it were recognition granted by the food authority under paragraph (1)(a); and

(b) in the case of water extracted from the ground in a country other than an EEA state, be treated as if it were recognition granted by the Agency under paragraph (1)(d)(i); and

(8) The publication in the Official Journal of the European Community of the name of any water as a natural mineral water recognised in the Community for the purposes of Directive [F2 2009/54] shall, save where recognition was granted in accordance with Schedule 3, be conclusive evidence that that water is recognised for the purposes of that Directive.

(9) Schedule 5 shall have effect for the purposes specified for it in Schedule 3.

Textual Amendments

F1 Word in reg. 4(1)(b)(c) 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

F2 Word in reg. 4(8) 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

I1 Reg. 4 in force at 30.10.2007, see reg. 1(1)

(1)

S.I. 1985/71, revoked by S.S.I. 1999/1540.

(2)

S.I. 1999/1540, as amended by S.S.I. 2000/62; S.S.I. 2003/139 and S.S.I. 2004/132.