Food Law News - UK - 2006
FSA Consultation Letter, 17 May 2006
WATER - Consultation on Natural Mineral Water, Spring Water And Bottled Drinking Water (England) Regulations 2006
The FSA is seeking views and comments on the draft Natural Mineral Water, Spring Water and Bottled Drinking Water (England) Regulations 2006 and the associated regulatory guidance. Responses are requested by: 11 August 2006
Consultation details
These regulations consolidate the existing regulations (as amended). Note that in addition, draft provisions for using infant feed claims on natural mineral water may also be incorporated into the attached draft regulations if time permits. They are not included in the text of this draft Statutory Instrument consulted on here as they have already been consulted on in 2005.
The key proposals are:
- To consolidate the requirements of the Natural Mineral Water, Spring Water and Bottled Drinking Water Regulations 1999 as amended
- To clarify the detailed legislative requirements and so reduce burdens on bottled water producers and enforcement authorities
These regulations are intended to apply only in England. Parallel regulations will apply in Scotland, Wales and Northern Ireland.
The sale of bottled waters in the UK is controlled by the Natural Mineral Water, Spring Water and Bottled Drinking Water Regulations 1999 (SI 1999 No 1540) as amended by The Natural Mineral Water, Spring Water and Bottled Drinking Water (Amendment) (England) Regulations 2003 (SI 2003 No. 666) and The Natural Mineral Water, Spring Water and Bottled Drinking Water (Amendment) (England) Regulations 2004 (SI 2004 No 656).
These regulations implement in England the provisions of the parent European Directives 98/83/EC and 80/777/EEC (as amended by 96/70/EC and 2003/40/EC). The Agency has taken steps to consolidate the requirements of the regulations into a single Statutory Instrument, namely the Natural Mineral Water, Spring Water and Bottled Drinking Water Regulations (England) 2006.
The aim is to make the collective instructions more transparent and user friendly. By incorporating text from the parent directives it is anticipated that the need to cross-reference will be reduced. By virtue of this consolidation, enforcement bodies and stakeholders will be provided with a single SI against which compliance with the regulations can be measured. The language used within the new SI will be more accessible and the requirements more clearly defined, facilitating more uniform interpretation of the regulations.
Date of compliance
The Natural Mineral Water, Spring Water and Bottled Drinking Water Regulations 1999 (as amended) will be revoked.
The Natural Mineral Water, Spring Water and Bottled Drinking Water Regulations (2006) will come into force on 1 October 2006 in line with the common commencement dates.
Your comments
We welcome your comments on the attached draft Natural Mineral Water, Spring Water and Bottled Drinking Water (England) Regulation 2006, and in particular, on:
- The general structure of the regulations
- The clarity of the requirements laid down by the regulations
- The redrafting of the minimum hardness requirement for spring water and drinking water that has been softened or desalinated (Schedule 8, Part I: 1(d))
- The requirement for the recognition of a natural mineral water by the competent authority in England to be published in the Edinburgh Gazette and/or Belfast Gazette in addition to the London Gazette
- The guidance and its usefulness, in particular whether it covers the appropriate topics or if more detail is required. Please highlight specific sections in your response
The following documents are available on this site:
- Natural Mineral Water, Spring Water And Bottled Drinking Water (England) Regulations 2006 draft guidance notes pdf file (151kb)
- Natural Mineral Water, Spring Water And Bottled Drinking Water (England) Regulations 2006 draft statutory instruments pdf file (122kb)