European Communities (Natural Mineral Waters, Spring Waters and Other Waters in Bottles Or Containers) Regulations 2004
Statutory Instruments
Source: Statutory Instruments

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paragraphs: These Regulations may be cited as the European Communities (Natural Mineral Waters, Spring Waters and Other Waters in Bottles or Containers) Regulations 2004.
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paragraphs: (1) In these Regulations:
“Act of 1998” means the Food Safety Authority of Ireland Act 1998 (No. 29 of 1998);
“approved examiner” in these Regulations means-
(a) a Public Analyst located at a Public Analyst’s Laboratory,
(b) a Deputy Public Analyst located at a Public Analyst’s Laboratory,
(c) an Executive Analytical Chemist located at a Public Analyst’s Laboratory,
(d) a Consultant Microbiologist located at an Official Laboratory, or
(e) a Chief Laboratory Technologist located at an Official Laboratory;
“authorised officer” means an authorised officer appointed under section 49 of the Act of 1998;
“Authority” means the Food Safety Authority of Ireland, established under section 9 of the Act of 1998;
“bottled waters” means -
(a) natural mineral waters,
(b) spring waters, and
(c) other waters
intended for human consumption and supplied in a bottle or container, other than waters which are medicinal products within the meaning of Council Directive 65/65/EEC5 of 26 January 1965 on the approximation of provisions laid down by law, regulation or administrative action relating to medicinal products;
“Directives” means Council Directive 80/777/EEC6 of 15 July 1980 on the approximation of the laws of the Member States relating to the exploitation and marketing of natural mineral waters, as amended by Directive 96/70/EC7 of the European Parliament and of the Council of 28 October 1996, and Council Directive 98/83/EC8 of 3 November 1998 on the quality of water intended for human consumption, and Commission Directive 2003/40/EC9 of 16 May 2003 establishing the list, concentration limits and labelling requirements for the constituents of natural mineral waters and the conditions for using ozone-enriched air for the treatment of natural mineral waters and spring waters;
“food” or “foodstuff” means any substance or product, whether processed, partially processed or unprocessed, intended to be, or reasonably expected to be, ingested by humans;
“food” includes drink, chewing gum and any substance, including water, intentionally incorporated into the food during its manufacture, preparation or treatment. It includes water after the point of compliance as defined in Article 6 of Directive 98/83/EC10 and without prejudice to the requirements of Directives 80/778/EEC11 and 98/83/EC12 ;
“food” shall not include -
(a) feed,
(b) live animals unless they are prepared for placing on the market for human consumption,
(c) plants prior to harvesting,
(d) medicinal products within the meaning of Council Directives 65/65/EEC13 and 92/73/EEC14 ,
(e) cosmetics within the meaning of Council Directive 76/768/EEC15 ,
(f) tobacco and tobacco products within the meaning of Council Directive 89/622/EEC16 ,
(g) narcotic or psychotropic substances within the meaning of the United Nations Single Convention on Narcotic Drugs, 1961, and the United Nations Convention on Psychotropic Substances, 1971, or
(h) residues and contaminants;
“import” means importation from a third country;
“manufacture” includes the production and processing of food, other than primary production for private domestic use and domestic preparation, handling and storage of food for private domestic consumption, and cognate words shall be construed accordingly;
“Member State” means a Member State of the European Community and shall be construed as including reference to those States that are Contracting Parties to the EEA Agreement;
“natural mineral waters” means waters which comply with the requirements of Regulation 3(2);
“official agency” means an official agency carrying out functions under a service contract and acting on behalf of the Authority pursuant to section 48 of the Act of 1998;
“official laboratory” in these Regulations means-
(a) the Food Microbiology Laboratory, Cork,
(b) the Food Microbiology Laboratory, Galway,
(c) the Microbiology Laboratory, Dublin,
(d) the Microbiology Laboratory, Limerick,
(e) the Public Analyst’s Laboratory, Cork,
(f) the Public Analyst’s Laboratory, Dublin,
(g) the Public Analyst’s Laboratory, Galway,
(h) the Public Health Laboratory, Sligo, or
(i) the Public Health Laboratory, Waterford;
“other waters” means waters which comply with the requirements of Regulation 13(2);
“place on the market” or “market” means -
(a) import,
(b) sell,
(c) offer or expose for sale,
(d) invite the making by a person of an offer to purchase,
(e) distribute free of charge, or
(f) supply for any of those purposes (whether or not for profit)
and cognate words shall be construed accordingly;
“responsible authority” in relation to the State means the Authority, or an official agency acting pursuant to a service contract;
“service contract” means a contract entered into between the Authority and an official agency pursuant to section 48 of the Act of 1998;
“spring waters” means waters which comply with the requirements of Regulation 11(2);
“third country” means a country which is not a Member State;
“waters intended for human consumption” means -
(a) all waters either in their original state or after treatment, intended for drinking, cooking, food preparation or other domestic purposes, regardless of their origin, and
(b) all waters used in any food-production undertaking for the manufacture, processing, preservation or marketing of products or substances intended for human consumption unless the Authority, or an official agency acting pursuant to a service contract, is satisfied that the quality of the waters cannot affect the wholesomeness of the foodstuff in its finished form.
(2) A word or expression which is used in these Regulations and which is also used in the Directives has, unless the context otherwise requires, the same meaning in these Regulations as it has in the Directives.
(3) (a) A reference in these Regulations to a Regulation is to a Regulation of these Regulations, unless it is indicated that reference to some other Regulations is intended.
(b) A reference in these Regulations to a paragraph or subparagraph is to a paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended.