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

EXPLANATORY NOTE

(This note is not part of the Order)

1.  These Regulations amend the Natural Mineral Water, Spring Water and Bottled Drinking Water (England) Regulations 2007 (S.I. 2007/2785, as already amended).

2.  These Regulations—

(a) provide for the execution and enforcement in relation to England of 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 (OJ No. L 37, 10.2.2010, p.13); and

(b) implement, in relation to England, Article 7.1 to 3 and 6 of Council Directive 98/83/EC relating to the quality of water intended for human consumption (OJ No. L330, 3.11.98, p.32).

3.  These Regulations amend the Natural Mineral Water, Spring Water and Bottled Drinking Water (England) Regulations 2007 by—

(a) inserting definitions of “authorised activated alumina treatment” and “Regulation 115/2010” into paragraph (1) of regulation 2 (interpretation) (regulation 3);

(b) substituting a revised version of paragraph (1) of regulation 6 (treatment and additions for natural mineral water) in order to add authorised activated alumina treatments to the list of treatments to which natural mineral water in its state at source may lawfully be subjected (regulation 4);

(c) adding a paragraph to regulation 10 (bottling of spring water and exploitation of spring water springs) prohibiting the bottling of water which has been treated with activated alumina for removal of fluoride in a bottle marked or labelled “spring water” unless the treatment is an authorised activated alumina treatment (regulation 5);

(d) substituting for paragraph (3) of regulation 16 (enforcement) new paragraphs (3) to (6), which—

(i) require relevant authorities to carry out periodic checks on authorised activated alumina treatments which they have authorised in accordance with new Schedule 1A, to ensure that the requirements of that Schedule continue to be satisfied,

(ii) require food authorities to carry out regular monitoring of the quality of bottled drinking water and spring water to check specified matters,

(iii) in order to comply with that requirement, require food authorities to—

(aa) carry out regular check monitoring in relation to the parameters, properties, elements, substances and organisms set out in new Schedule 10, and

(bb) carry out audit monitoring in relation to any parameter and the properties, elements, substances and organisms set out in new Schedule 9,

(iv) for the purposes of that requirement, require food authorities to carry out sampling and analysis in accordance with the relevant minimum frequencies set out in new Schedule 11,

(v) require food authorities to carry out additional monitoring in relation to any property, element, substance or organism which is neither a parameter nor a property, element, substance or organism set out in new Schedule 9 if they have reason to suspect that it may be present in the water concerned in an amount or number which constitutes a potential danger to human health, and

(vi) require the checks and monitoring referred to in divisions (ii) to (v) of this sub-paragraph to be carried out using samples representative of the quality of the water concerned consumed throughout the year in which the samples are taken (regulation 6);

(e) substituting a revised regulation 20 (offences and penalties) in order to make it an offence to fail to comply with specified provisions of Commission Regulation (EU) No. 115/2010 or to carry out an authorised activated alumina treatment that has a disinfectant action (regulation 7); and

(f) insert new Schedules 1A, 9, 10 and 11 (regulations 8 and 9).

4.  A full impact assessment has not been produced for this instrument as no impact on the public or voluntary sectors is foreseen.