Title, commencement and application
1.
(1)
These Regulations may be cited as the Natural Mineral Water, Spring Water and Bottled Drinking Water (Amendment) (England) Regulations 2004 and shall apply in relation to England only.
(2)
Subject to paragraph (3) below these Regulations shall come into force on 5th April 2004.
(3)
Regulations 5, 8(2), 11(a) and 12(2) shall come into force on 1st July 2004.
Amendments to the Natural Mineral Water, Spring Water and Bottled Drinking Water Regulations 1999
2.
3.
(1)
““authorised ozone-enriched air oxidation technique” means —
(a)
a treatment with ozone–enriched air authorised and carried out in accordance with Schedule 5; or
(b)
in the case of water brought into England from other parts of the United Kingdom or from another EEA State a treatment which complies with Article 5 of Directive 2003/40 as implemented in that part of the United Kingdom or that EEA State.”.
(2)
““Directive 2003/40” means Commission Directive 2003/40/EC establishing the list, concentration limits and labelling requirements for the constituents of natural mineral waters and the conditions for using ozone–enriched air for the treatment of natural mineral waters and spring waters.”.
4.
“(a)
any treatment other than —
(i)
an authorised ozone–enriched air oxidation technique;
(ii)
a treatment referred to in sub–paragraph (a) or (d) of Article 4.1; or”
5.
“7A.
(1)
No person shall bottle any natural mineral water which, at the time of bottling, contains any substance listed in Schedule 6 at a level which exceeds the maximum limit specified in relation to that substance in that Schedule.
(2)
No person shall sell any natural mineral water bottled in contravention of paragraph (1).
(3)
The methods used for detection of the substances listed in Schedule 6 shall conform to the performance characteristics for analysis specified in Schedule 7.
(4)
For the purposes of paragraphs (1) and (2) above, where —
(a)
(i)
the water concerned exceeds the maximum limits specified in Schedule 6,
(ii)
the water concerned was bottled in another EEA State,
(iii)
the EEA State concerned had not, at the time of bottling, implemented Article 2(1) of Directive 2003/40, and
(iv)
the water was bottled prior to 1st January 2006 and at the date of bottling otherwise complied with Directives 80/777, 98/83 and the provisions of Directive 2003/40 which were in force in that EEA State; or
(b)
(i)
the water concerned exceeds the maximum limits specified in Schedule 6 relating to nickel and fluoride,
(ii)
the water concerned was bottled in another EEA State,
(iii)
the EEA State concerned had not, at the time of bottling, implemented Article 2(1) of Directive 2003/40 insofar as it relates to maximum limits for nickel and fluoride, and
(iv)
the water was bottled prior to 1st January 2008 and at the date of bottling otherwise complied with Directives 80/777, 98/83 and the provisions of Directive 2003/40 which were in force in that EEA State,
that water shall be deemed not to exceed the maximum limits specified in Schedule 6.”.
6.
“9A.
No person shall bottle any natural mineral water, or sell natural mineral water which is bottled, if it has been treated with ozone–enriched air unless that treatment is an authorised ozone–enriched air oxidation technique.”.
7.
“(3)
Natural mineral water shall be bottled in a bottle marked or labelled with —
(a)
where it has undergone the treatment of total or partial elimination of free carbon dioxide by exclusively physical methods, the indication “fully de–carbonated” or “partially de–carbonated” as appropriate;
(b)
where it has undergone an authorised ozone–enriched air oxidation technique, the words “water subjected to an authorised ozone–enriched air oxidation technique”, which shall appear in proximity to the analytical composition of characteristic constituents;
(c)
where its fluoride concentration exceeds 1.5 mg/l —
(i)
the words “contains more than 1.5 mg/l of fluoride not suitable for regular consumption by infants and children under 7 years of age”, which shall appear in proximity to the trade name and in clearly visible characters,
(ii)
the actual fluoride content in relation to the physico–chemical composition, which shall be included within the mandatory information referred to in paragraph (4) below; and
(d)
the mandatory information referred to in paragraph (4) below.”.
8.
(1)
In regulation 10(5)(b), after “has undergone any of the treatments referred to in paragraph (3)(a)” there shall be inserted the words “or (b)”.
(2)
“or
(e)
does not bear the labelling indications set out in sub–paragraph (c) of paragraph (3) above where required by that sub–paragraph.”.
9.
“and
(f)
where the water has undergone an authorised ozone–enriched air oxidation technique, the bottle is marked or labelled with the words “water subjected to an authorised ozone–enriched air oxidation technique” which shall appear in proximity to the particulars in paragraph (3) of this regulation.”.
10.
“11A.
No person shall cause any water to be bottled in a bottle marked or labelled with the description spring water, or sell any bottled water which is described as spring water, if it has been treated with ozone–enriched air unless that treatment is an authorised ozone–enriched air oxidation technique.”.
11.
In regulation 17 —
(a)
after the number “7,” there shall be inserted “7A(1) or (2),”;
(b)
after the number “9,” there shall be inserted “9A,”;
(c)
after “11(1), (2), (3) or (5),” there shall be inserted “11A,”.
12.
(1)
“(4)
In any proceedings for an offence for contravening regulation 9A, 10(3)(b), 11(1)(f) or 11A it shall be a defence for the accused to prove that —
(a)
the water in respect of which the offence is alleged to have been committed was bottled and marked or labelled before 1st July 2004; and
(b)
the matters constituting the alleged offence would not have constituted an offence under these Regulations as they stood immediately before the coming into force of the Natural Mineral Water, Spring Water and Bottled Drinking Water (Amendment) (England) Regulations 2004.”.
(2)
“(5)
In any proceedings for an offence for contravening regulations 7A or 10(5)(e) it shall be a defence for the accused to prove that —
(a)
the water in respect of which the offence is alleged to have been committed was bottled and marked or labelled as the case may be, before 1st July 2004; and
(b)
the matters constituting the alleged offence would not have constituted an offence under these Regulations as they stood immediately before the coming into force of the Natural Mineral Water, Spring Water and Bottled Drinking Water (Amendment) (England) Regulations 2004.”.
13.
(1)
“listed in Schedule 6 at a level which exceeds the maximum limit specified in relation to that substance in that Schedule.”.
(2)
“listed in Schedule 6 at a level which exceeds the maximum limit specified in relation to that substance in that Schedule.”.
14.
After Schedule 4 there shall be added Schedules 5, 6 and 7 contained in the Schedule to these Regulations.
Consequential amendments
15.
(1)
(2)
Signed by authority of the Secretary of State for Health