2011 No. 451
Food, England

The Natural Mineral Water, Spring Water and Bottled Drinking Water (England) (Amendment) Regulations 2011

Made
Laid before Parliament
Coming into force
The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 16(1)(e), 17(1), 26(1)(a) and 48(1) of the Food Safety Act 19901 and now vested in the Secretary of State2.

In accordance with section 48(4A) of that Act, the Secretary of State has taken into account relevant advice given by the Food Standards Agency.

As required by Article 9 of Regulation (EC) No. 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety3 there has been open and transparent public consultation during the preparation and evaluation of these Regulations.

Title and commencement

1.

These Regulations may be cited as the Natural Mineral Water, Spring Water and Bottled Drinking Water (England) (Amendment) Regulations 2011 and come into force on 6th April 2011.

Amendment of the Natural Mineral Water, Spring Water and Bottled Drinking Water (England) Regulations 2007

2.

(1)

The Natural Mineral Water, Spring Water and Bottled Drinking Water (England) Regulations 20074 are amended as follows.

(2)

In regulation 2(1) omit the definition of “the Agency”.

(3)

In regulation 3(1)(a), for “the Veterinary Medicines Regulations 20055” substitute “the Veterinary Medicines Regulations 20096”.

(4)

After regulation 3 insert—

“Additional language3A.

Nothing in these Regulations prevents a bottle being marked or labelled with any other language in addition to English.”.

(5)

Substitute “the Secretary of State” for “the Agency” in —

(a)

regulation 4 each time it appears;

(b)

paragraph 9 of Schedule 1;

(c)

paragraph 10 of Schedule 1 both times it appears;

(d)

paragraph 7 of Schedule 1A7;

(e)

paragraph 8 of Schedule 1A each time it appears; and

(f)

paragraph 1 of Part 2 of Schedule 3.

(6)

Substitute “The Secretary of State” for “The Agency” in paragraphs 4 and 6 of Part 2 of Schedule 3.

Transitional and saving provisions

3.

The amendments made to the Natural Mineral Water, Spring Water and Bottled Drinking Water (England) Regulations 2007 by these Regulations do not affect the validity of anything duly done by the Food Standards Agency, or the validity of any notification duly given to the Food Standards Agency, under those 2007 Regulations.

4.

Any application made to the Food Standards Agency under the Natural Mineral Water, Spring Water and Bottled Drinking Water (England) Regulations 2007 that is pending immediately before 6th April 2011 is to be treated as if the application had been made to the Secretary of State.

Jim Paice
Minister of State for Agriculture and Food
Department for Environment, Food and Rural Affairs
EXPLANATORY NOTE
(This note is not part of the Regulations)

These Regulations further amend the Natural Mineral Water, Spring Water and Bottled Drinking Water (England) Regulations 2007 (S.I. 2007/2785) by:

(a)

amending specified provisions of the 2007 Regulations to replace references to the Food Standards Agency with references to the Secretary of State to reflect the transfer of the relevant functions to the Secretary of State (regulation 2(2), (5) and (6));

(b)

updating the reference to the Veterinary Medicines Regulations in regulation 3(1)(a) of the 2007 Regulations (regulation 2(3)); and

(c)

providing that bottles may be marked or labelled with any other language in addition to English (regulation 2(4)).

They also include transitional and saving provisions consequent upon the transfer of relevant functions to the Secretary of State (regulations 3 and 4).

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