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

Regulation 4(2)(a) and 4(2)(d)(i)

SCHEDULE 1 E+W Recognition of natural mineral water

PART 1 E+W Natural mineral water extracted from the ground in Wales

1.  A person seeking to have water which is extracted from the ground in Wales recognised as natural mineral water F1 ... must apply in writing to the food authority within whose area the water is extracted, giving the following information— E+W

(a) the particulars specified in paragraph 10(a) of Part 3;

(b) the information obtained as a result of the surveys and analyses required under paragraph 10(b) and (c), as read with paragraph 11, of Part 3; and

(c) evidence to show that the water contains no substance listed in Part 1 of Schedule 5 at a level which exceeds the maximum limit specified in relation to that substance in that Schedule.

Textual Amendments

F1 Words in Sch. 1 para. 1 omitted (31.12.2020) by virtue of The Food (Miscellaneous Amendments) (Wales) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1046), regs. 1(3), 8(11)(a); 2020 c. 1, Sch. 5 para. 1(1)

2.  Where information on the anions, cations, non-ionised compounds and trace elements is required to be given pursuant to paragraph 1(b), the concentration of each anion, cation, non-ionised compound and trace element specified in the first column of the tables in Part 4 of this Schedule must be expressed in the unit of measurement specified in the second column of the tables in Part 4. E+W

3.  Where information required by paragraph 1 has been given, the food authority must assess it and must recognise the water to which the information relates as natural mineral water if it is satisfied that— E+W

(a) the water is natural mineral water which complies with paragraph 3 of Section I of Annex 1 to Directive 2009/54;

(b) the characteristics of the water have been assessed in accordance with—

(i) the points numbered 1 to 4 in paragraph 2(a) of Section I of Annex 1 to Directive 2009/54;

(ii) the particulars and criteria listed in Part 3 of this Schedule, and

(iii) recognised scientific methods.

4.  The food authority must, on recognising a natural mineral water in accordance with paragraph 3, publish an announcement of such recognition and the grounds on which it has been granted in the London Gazette. E+W

PART 2 E+W Natural mineral water extracted from the ground in a [F2 third country]

Textual Amendments

F2 Words in Sch. 1 Pt. 2 heading substituted (31.12.2020) by The Food (Miscellaneous Amendments) (Wales) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1046), regs. 1(3), 8(11)(b); 2020 c. 1, Sch. 5 para. 1(1)

5.  A person seeking to have a water which is extracted from the ground in a [F3 third country] recognised as a natural mineral water F4 ... must apply in writing to the Agency, giving the following information— E+W

(a) the particulars specified in paragraph 10(a) of Part 3;

(b) the information obtained as a result of the surveys and analyses required under paragraph 10(b) and (c), as read with paragraph 11, of Part 3; and

(c) evidence to show that the water contains no substance listed in Part 1 of Schedule 5 at a level which exceeds the maximum limit specified in relation to that substance in that Schedule.

Textual Amendments

F3 Words in Sch. 1 para. 5 substituted (31.12.2020) by The Food (Miscellaneous Amendments) (Wales) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1046), regs. 1(3), 8(11)(c)(i); 2020 c. 1, Sch. 5 para. 1(1)

F4 Words in Sch. 1 para. 5 omitted (31.12.2020) by virtue of The Food (Miscellaneous Amendments) (Wales) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1046), regs. 1(3), 8(11)(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)

6.  Where information on the anions, cations, non-ionised compounds and trace elements is required to be given pursuant to paragraph 5(b), the concentration of each anion, cation, non-ionised compound and trace element specified in the first column of the tables in Part 4 of this Schedule must be expressed in the unit of measurement specified in the second column of the tables in Part 4. E+W

7.  The Agency must recognise such a water if the responsible authority of the country in which the water is extracted has certified that— E+W

(a) it is satisfied—

(i) that the requirements in paragraph 10(b) and (c) of Part 3 are established;

(ii) with the evidence given pursuant to paragraph 5(c); and

(b) periodic checks are made to ascertain that—

(i) the water is natural mineral water which complies with paragraph 3 of Section I of Annex I to Directive 2009/54;

(ii) the characteristics of the water are assessed in accordance with—

(aa) points numbered 1 to 4 in paragraph 2(a) of Section I of Annex I to Directive 2009/54;

(bb) the particulars and criteria listed in Part 3 of this Schedule; and

(cc) recognised scientific methods; and

(iii) the provisions of Schedule 4 are being applied by the person exploiting the spring.

8.  Recognition of such water lapses after a period of five years unless the responsible authority of the country in which the water is extracted has renewed the certification required by paragraph 7. E+W

9.  The Agency must, on recognising water in accordance with this Part, publish an announcement of such recognition in the London Gazette, the Edinburgh Gazette and the Belfast Gazette. E+W

PART 3 E+W Requirements and criteria for recognition as a natural mineral water

10.  A person seeking to have water recognised as natural mineral water in accordance with paragraph 1 of Part 1 or paragraph 5 of Part 2 of this Schedule, must carry out— E+W

(a) geological and hydrological surveys which include the following particulars—

(i) the exact site of the catchment with an indication of its altitude, on a map with a scale of not more than 1:1,000;

(ii) a detailed geological report on the origin and nature of the terrain;

(iii) the stratigraphy of the hydrogeological layer;

(iv) a description of the catchment operations; and

(v) the demarcation of the area or details of other measures protecting the spring against pollution;

(b) physical, chemical and physico-chemical surveys which must establish—

(i) the rate of flow of the spring;

(ii) the temperature of the water at source and the ambient temperature;

(iii) the relationship between the nature of the terrain and the nature and type of minerals in the water;

(iv) the dry residues at 180ºC and 260ºC;

(v) the electrical conductivity or resistivity, with the measurement temperature being specified;

(vi) the hydrogen ion concentration (pH);

(vii) the anions and cations;

(viii) the non-ionised elements;

(ix) the trace elements;

(x) the radio-actinological properties at source;

(xi) where appropriate, the relative isotope levels of the constituent elements of water, oxygen (¹⁶O–¹⁸O) and hydrogen (protium, deuterium, tritium); and

(xii) the toxicity of certain constituent elements of the water, taking account of the limits laid down for each of them;

(c) a microbiological analysis at source which must show—

(i) the absence of parasites and pathogenic micro-organisms;

(ii) quantitative determination of the revivable colony count indicative of faecal contamination, demonstrating an absence of—

(aa) Escherichia coli and other coliforms in 250ml at 37ºC and 44.5ºC,

(bb) faecal streptococci in 250ml,

(cc) sporulated sulphite-reducing anaerobes in 50ml, and

(dd) Pseudomonas aeruginosa in 250ml; and

(iii) the revivable total colony count per ml of water—

(aa) at 20 to 22ºC in 72 hours on agar-agar or an agar-gelatine mixture, and

(bb) at 37ºC in 24 hours on agar-agar.

11.—(1) Subject to sub-paragraph (2), a person seeking to have water recognised as natural mineral water in accordance with paragraph 1 of Part 1 or paragraph 5 of Part 2 of this Schedule, must carry out clinical and pharmacological analyses in accordance with scientifically recognised methods which should be suited to the particular characteristics of the natural mineral water and its effect on the human body, such as diuresis, gastric and intestinal functions, and compensation for mineral deficiencies. E+W

(2) Clinical analyses may, in appropriate cases, take the place of the pharmacological analyses referred to in sub-paragraph (1), provided that the consistency and concordance of a substantial number of clinical observations enable the same results to be obtained.

PART 4 E+W Particulars of anions, cations, non-ionised compounds and trace elements

Table A

Anions	Unit of measurement
Borate BO3 -	mg/l
Carbonate CO32-	mg/l
Chloride Cl-	mg/l
Fluoride F -	mg/l
Hydrogen Carbonate HCO3-	mg/l
Nitrate NO3 -	mg/l
Nitrite NO2 -	mg/l
Phosphate PO BO4 3-	mg/l
Silicate SiO2 2-	mg/l
Sulphate SO4 2-	mg/l
Sulphide S2-	mg/l

Table B

Cations	Unit of measurement
Aluminium Al	mg/l
Ammonium NH4 +	mg/l
Calcium Ca	mg/l
Magnesium Mg	mg/l
Potassium K	mg/l
Sodium Na	mg/l

Table C

Non-ionised compounds	Unit of measurement
Total organic carbon C	mg/l
Free carbon dioxide CO2	mg/l
Silica SiO2	mg/l

Table D

Trace elements	Unit of measurement
Barium Ba	mg/l
Bromine (total) Br	mg/l
Cobalt Co	mg/l
Copper Cu	mg/l
Iodine (total) I	mg/l
Iron Fe	mg/l
Lithium Li	mg/l
Manganese Mn	mg/l
Molybdenum Mo	mg/l
Strontium Sr	mg/l
Zinc Zn	mg/l