The Natural Mineral Water, Spring Water and Bottled Drinking Water (Wales) Regulations 2015

PART 3 E+W Water intended to be sold as “spring water” or “dŵr ffynnon”

Exploitation of springs and bottling of water intended to be labelled and sold as “spring water” or “dŵr ffynnon” E+W

14.—(1) No person may bottle water intended to be labelled and sold as “spring water”, “dŵr ffynnon”, or its equivalent in any other language, unless—

(a) the water has been extracted from a spring and is bottled at source;

(b) the water is intended for human consumption in its natural state;

(c) the requirements of Schedule 4 are met; and

(d) the water meets the requirements of Schedule 7.

(2) Where it is found during exploitation that water from a spring is polluted and that bottling of the water would contravene paragraphs 6, 7 or 8 of Schedule 4, no person may exploit the spring from which the water is extracted until the cause of the pollution is eradicated and the bottling of the water would comply with those paragraphs.

Treatments and additions for water intended to be labelled and sold as “spring water” or “dŵr ffynnon” E+W

15.— [F1 (1)]  No person may subject water intended to be labelled and sold as “spring water”, “dŵr ffynnon”, or its equivalent in any other language, in its state at source to—

(a) any treatment, other than—

(i) the separation of its unstable elements, such as iron and sulphur compounds, by filtration or decanting, whether or not preceded by oxygenation, in so far as the treatment does not alter the composition of the water as regards the essential constituents which give it its properties;

(ii) the total or partial elimination of free carbon dioxide by exclusively physical methods;

(iii) a fluoride removal treatment which is authorised in accordance with Schedule 2; or

(iv) an ozone-enriched air treatment which is authorised in accordance with Schedule 3; or

(b) any addition other than the introduction or the re-introduction of carbon dioxide; or

(c) any disinfection treatment by whatever means, or, subject to sub-paragraph (b), the addition of bacteriostatic elements, or any other treatment likely to change the viable colony count of the water.

[F2 (2) Paragraph (1) does not prevent the use of water intended to be labelled and sold as “spring water”, “dŵr ffynnon”, or its equivalent in any other language in the manufacture of soft drinks.]

Textual Amendments

F1 S. 15(1): words in reg. 15 renumbered as reg. 15(1) (27.10.2017) by The Natural Mineral Water, Spring Water and Bottled Drinking Water (Wales) (Amendment) Regulations 2017 (S.I. 2017/935), regs. 1(3), 5(1)

F2 Reg. 15(2) inserted (27.10.2017) by The Natural Mineral Water, Spring Water and Bottled Drinking Water (Wales) (Amendment) Regulations 2017 (S.I. 2017/935), regs. 1(3), 5(2)

Labelling of water as “spring water” or “dŵr ffynnon” E+W

16.—(1) No person may label a bottle of water as “spring water”, “dŵr ffynnon”, or its equivalent in any other language, unless the water contained in it—

(a) meets the requirements of regulation 14(1); and

(b) if treated, has undergone a treatment or addition permitted under regulation 15.

(2) If a bottle of water is labelled as “spring water”, “dŵr ffynnon”, or its equivalent in any other language, no person may label that bottle with a trade description which—

(a) includes the name of a locality, hamlet or other place, unless that trade description refers to water, the spring of which is exploited at the place indicated by that name, and is not misleading as regards the place of exploitation of the spring; or

(b) is different from the name of the spring or the place of its exploitation unless the name of the spring or the place of exploitation is also labelled on the bottle, using letters at least one and a half times the height and width of the largest of the letters used for that trade description.

(3) No person may label a bottle of water as “spring water”, “dŵr ffynnon”, or its equivalent in any other language, unless the bottle is also labelled with—

(a) the name of the place where the spring is exploited;

(b) the name of the spring;

(c) where the water has undergone an ozone-enriched air treatment, the words “water subjected to an authorised ozone-enriched air oxidation technique”, which must appear in proximity to the particulars referred to in sub-paragraphs (a) and (b);

(d) nothing in sub-paragraph (c) prevents the use of the words “dŵr wedi ei drin â thechneg awdurdodedig i'w ocsideiddio ag aer a gyfoethogir ag osôn” in addition to “water subjected to an authorised ozone-enriched air oxidation technique”; and

(e) nothing in sub-paragraphs (c) or (d) prevents the use of equivalent words in any other language in addition to Welsh and English.

Advertising of water as “spring water” or “dŵr ffynnon” E+W

17.—(1) Where, in accordance with regulation 16(2)(b), a bottle of water is required to be labelled with the name of the spring or its place of exploitation in addition to a trade description—

(a) the same requirement also applies to any written advertisement for that water; and

(b) in any other advertisement, at least equivalent prominence must be given to the place of exploitation or the name of the spring as is given to the trade description.

(2) No person may advertise a bottle of water as “spring water”, “dŵr ffynnon”, or its equivalent in any other language, in contravention of paragraph (1).

[F3 (3) No person may advertise water intended to be labelled and sold as “spring water”, “dŵr ffynnon”, or its equivalent in any other language under—

(a) a designation, proprietary name, trade mark, brand name, illustration or other sign, whether emblematic or not, the use of which is liable to cause confusion of the water with a natural mineral water, or

(b) the description “mineral water”, “dŵr mwynol”, or its equivalent in any other language.]

Textual Amendments

F3 Reg. 17(3) inserted (27.10.2017) by The Natural Mineral Water, Spring Water and Bottled Drinking Water (Wales) (Amendment) Regulations 2017 (S.I. 2017/935), regs. 1(3), 6

Sale of water as “spring water” or “dŵr ffynnon” E+W

18.—(1) No person may sell water which is bottled or labelled as “spring water”, “dŵr ffynnon”, or its equivalent in any other language, if it—

[F4 (a) is bottled—

(i) in Wales, in contravention of regulation 14(1); or

(ii) otherwise than in Wales, in contravention of the requirements as described in regulation 14(1);

(b) has been subjected—

(i) in Wales, to any treatment or addition in contravention of regulation 15; or

(ii) otherwise than in Wales, to—

(aa) treatment which is not described at regulation 15(1)(a)(i), 15(1)(a)(ii), a fluoride removal treatment, or an ozone-enriched air oxidation treatment;

(bb) any addition other than an addition described in regulation 15(1)(b); or

(cc) any disinfection treatment, the addition of bacteriostatic elements, or any other treatment likely to change the viable colony count of the natural mineral water;

(c) is labelled—

(i) in Wales, in contravention of regulation 16; or

(ii) otherwise than in Wales, in contravention of the requirements as described in regulation 16; or]

(d) is advertised in contravention of regulation 17.

(2) No person may sell water from the same spring as “spring water”, “dŵr ffynnon”, or its equivalent in any other language, under more than one trade description.

Textual Amendments

F4 Reg. 18(1)(a)-(c) substituted (27.10.2017) by The Natural Mineral Water, Spring Water and Bottled Drinking Water (Wales) (Amendment) Regulations 2017 (S.I. 2017/935), regs. 1(3), 7