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

Regulations 9(1)(a)(iii) and 15(a)(iii)

SCHEDULE 2 E+W Fluoride removal treatment

1.  No person may carry out fluoride removal treatment on natural mineral water or water intended to be bottled and labelled as “spring water”, “dŵr ffynnon”, or its equivalent in any other language, unless that treatment is authorised by the food authority within whose area the water is extracted. E+W

2.  A person seeking authorisation to carry out fluoride removal treatment must— E+W

(a) apply in writing to the food authority within whose area the water is extracted;

(b) permit representatives of that authority to examine the proposed method of treatment and place of treatment and take samples for analysis; and

(c) provide such information in support of the application as is requested by the food authority.

3.  The food authority must assess the application and any supporting information and must authorise the fluoride removal treatment if it is satisfied that— E+W

(a) Articles 1 to 3 of Regulation 115/2010 are complied with in relation to the treatment; and

(b) the treatment does not have a disinfectant action.

4.  Where the food authority decides to authorise a fluoride removal treatment pursuant to paragraph 3, it must inform the applicant in writing and state the date from which the authorisation for use of the treatment has effect. E+W

5.  Where the food authority decides to refuse to authorise a fluoride removal treatment pursuant to paragraph 3, it must inform the applicant in writing, stating its reasons. E+W

6.  Where a fluoride removal treatment has been authorised pursuant to paragraph 3, the person carrying out the treatment must, for the purpose of enabling the food authority to assess whether the conditions in paragraph 3 continue to be satisfied— E+W

(a) permit representatives of the authority to examine the method of treatment and place of treatment and take samples for analysis; and

(b) provide such information related to the treatment as is requested by the food authority.

7.  The food authority may withdraw authorisation of a fluoride removal treatment if it is satisfied that the conditions specified in paragraph 3 are no longer fulfilled, by giving the person operating the treatment a written notice stating the grounds for withdrawal. E+W

8.  Where the food authority notifies a person seeking authorisation of a fluoride removal treatment of the authority's refusal to authorise a treatment under paragraph 3, or notifies the person operating a treatment of its decision to withdraw authorisation under paragraph 7, that person may, within 6 months of being notified of the decision, apply to the Agency for a review. E+W

9.  The Agency, upon receiving an application under paragraph 8, must within 3 months from the date of that application— E+W

(a) make such inquiries into the matter as the Agency considers appropriate;

(b) consider the results of those inquiries and any other relevant facts; and

(c) either—

(i) confirm the decision; or

(ii) direct the food authority to grant or restore authorisation of a fluoride removal treatment as appropriate.

10.  The food authority must immediately comply with a direction of the Agency under paragraph 9(c)(ii). E+W