The Natural Mineral Water, Spring Water and Bottled Drinking Water (Scotland) Amendment Regulations 2010

Regulation 8

SCHEDULE 1 S SCHEDULE INSERTED AFTER SCHEDULE 1 TO THE NATURAL MINERAL WATER, SPRING WATER AND BOTTLED DRINKING WATER (SCOTLAND) (No. 2) REGULATIONS 2007

Regulations 2(1) and 16(1)(b)

“SCHEDULE 1A S CONDITIONS FOR TREATMENT OF NATURAL MINERAL WATER AND SPRING WATER WITH ACTIVATED ALUMINA TO REMOVE FLUORIDE

1.   A person seeking to have authorised a treatment of natural mineral water and spring water with activated alumina in order to remove fluoride shall—

(a) apply in writing to the [F1 food authority] within whose area the water is extracted;

(b) permit representatives of that authority to examine the proposed method of treatment and place of treatment and take samples for analysis in accordance with regulation 17; and

(c) provide such information in support of the application as is requested by the [F1 food authority].

2.   The [F1 food authority] shall assess the application and any information in its possession and shall authorise the 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.

3.   Where the [F1 food authority] decides to authorise a treatment pursuant to paragraph 2, it shall inform the applicant in writing and state the date from which the authorisation for commercial use of the treatment has effect.

4.   Where the [F1 food authority] refuses to authorise a treatment pursuant to paragraph 2, it shall inform the applicant in writing, stating its reasons.

5.   Where a treatment has been authorised pursuant to paragraph 2, the person carrying out the treatment must, for the purpose of enabling the [F1 food authority] to assess whether the conditions in paragraph 2 continue to be satisfied—

(a) permit representatives of the authority to examine the method of treatment and place of treatment and take samples for analysis in accordance with regulation 17; and

(b) provide such information related to the treatment as is requested by the authority.

6.   If the [F1 food authority] is satisfied that the conditions specified in paragraph 2 are no longer fulfilled, it may withdraw authorisation of a treatment by giving the person carrying out the treatment a written notice stating the grounds for withdrawal.

7.   Where the [F1 food authority] has informed an applicant under paragraph 4 of its refusal to authorise a treatment under paragraph 2 or withdraws authorisation of a treatment under paragraph 6, the person who wishes to carry out the treatment may apply to the Agency for a review of that decision.

8.   Upon receiving the application for review, the Agency shall—

(a) make such enquiry into the matter as may seem to the Agency to be appropriate; and

(b) having considered the results of that enquiry and any relevant facts elicited by it, either confirm the decision or direct the [F1 food authority] to grant or restore, as appropriate, authorisation of the treatment in respect of which the application was made.

9.   In the case of such a direction, the [F1 food authority] shall comply with the direction.”

Textual Amendments

F1 Words in sch. 1 substituted (9.4.2010) by The Natural Mineral Water, Spring Water and Bottled Drinking Water (Scotland) Amendment (No. 2) Regulations 2010 (S.S.I. 2010/127), regs. 1, 3

Regulation 9

SCHEDULE 2 S SCHEDULES INSERTED AFTER SCHEDULE 8 TO THE NATURAL MINERAL WATER, SPRING WATER AND BOTTLED DRINKING WATER (SCOTLAND) (No. 2) REGULATIONS 2007

Regulation 16(2)(a)(iii), (b)(ii) and (d)

“SCHEDULE 9 S PROPERTIES, ELEMENTS, SUBSTANCES AND ORGANISMS, NOT BEING PARAMETERS, WHOSE CONCENTRATION OR VALUE IN BOTTLED DRINKING WATER AND SPRING WATER MUST BE DETERMINED BY AUDIT MONITORING

Property, element, substance or organism		Concentration or value	Unit	Notes
Ammonium		[F2 0,50]	[F3 mg/l]
Chloride		250	mg/l	Note 1
Clostridum perfringens (including spores)		0	number/ 100 ml	Note 2
Conductivity		2500	µS cm-1 at 20oC	Note 1
Iron		200	µg/l
Oxidisability		5,0	mg/ l O2	Note 3
Coliform bacteria		0	number/250 ml
Total organic carbon (TOC)		No abnormal change		Note 4
Note 1:	The water should not be aggressive.
Note 2:	This F4 ... need not be measured unless the water originates from or is influenced by surface water.
Note 3:	This F4 ... need not be measured if the parameter TOC is analysed.
Note 4:	This F4 ... need not be applied for supplies less than 10000 m3 per day.

Regulation 16(2)(b)(i)

SCHEDULE 10 S PARAMETERS , PROPERTIES, ELEMENTS, SUBSTANCES AND ORGANISMS IN RELATION TO WHICH CHECK MONITORING MUST BE CARRIED OUT

Aluminium (Note 1)
Ammonium
Colour
Conductivity
Clostridium perfringens (including spores) (Note 2)
Escherichia coli (E. Coli)
Hydrogen ion concentration
Iron (Note 1)
Nitrite (Note 3)
Odour
Pseudomonas aeruginosa
Taste
Colony count 22°C and 37°C
Coliform bacteria
Turbidity
Note 1:	Necessary only when used as flocculant
Note 2:	Necessary only if the water originates from or is influenced by surface water
Note 3:	Necessary only when chloramination is used as a disinfectant

Regulation 16(2)(c)

SCHEDULE 11 S MINIMUM FREQUENCIES FOR SAMPLING AND ANALYSIS OF SPRING WATER AND BOTTLED DRINKING WATER

Minimum frequency of sampling and analysis for water put into bottles orcontainers intended for sale
Volume of water produced for offering for sale in bottles or containers each day (1) m3	Check monitoring number of samples per year	Audit monitoring number of samples per year
≤ 10	1	1
> 10 ≤ 60	12	1
> 60	1 for each 5 m3 and part thereof of the total volume	1 for each 100 m3 and part thereof of the total volume
(1) The volumes are calculated as averages taken over a calendar year.”

Textual Amendments

F2 Word in sch. 2 substituted (9.4.2010) by The Natural Mineral Water, Spring Water and Bottled Drinking Water (Scotland) Amendment (No. 2) Regulations 2010 (S.S.I. 2010/127), regs. 1, 4(a)(i)

F3 Word in sch. 2 substituted (9.4.2010) by The Natural Mineral Water, Spring Water and Bottled Drinking Water (Scotland) Amendment (No. 2) Regulations 2010 (S.S.I. 2010/127), regs. 1, 4(a)(ii)

F4 Word in sch. 2 omitted (9.4.2010) by virtue of The Natural Mineral Water, Spring Water and Bottled Drinking Water (Scotland) Amendment (No. 2) Regulations 2010 (S.S.I. 2010/127), regs. 1, 4(b)