European Union (Natural Mineral Waters, Spring Waters and other Waters in Bottles or Containers) Regulations 2016
Source: Iris Oifigiúl 2016-05-26

num: 1
paragraphs: These Regulations may be cited as the European Union (Natural Mineral Waters, Spring Waters and Other Waters in Bottles or Containers) Regulations 2016.
num: 2
paragraphs: (1) In these Regulations—
(a) a Chief Medical Scientist located at an Official Microbiology Laboratory,
(b) a Consultant Microbiologist located at an Official Microbiology Laboratory,
(c) a Deputy Public Analyst located at a Public Analyst’s Laboratory,
(d) an Executive Analytical Chemist located at a Public Analyst’s Laboratory,
(e) a Public Analyst located at a Public Analyst’s Laboratory,
(f) a Scientific Officer at Level 3 or higher at the Office of Radiological Protection, Environmental Protection Agency, or
(g) a person, or member of a class of persons, designated by the Minister pursuant to Regulation 29(b);
(a) natural mineral waters,
(b) spring waters, and
(c) other waters
(a) the Office of Radiological Protection, Environmental Protection Agency,
(b) the Public Analyst’s Laboratory, Cork,
(c) the Public Analyst’s Laboratory, Dublin,
(d) the Public Analyst’s Laboratory, Galway,
(e) the Public Health Microbiology Laboratory, Limerick,
(f) the Public Health Laboratory, Sligo,
(g) the Public Health Laboratory, Waterford,
(h) the Public Health Microbiology Laboratory, Cork,
(i) the Public Health Microbiology Laboratory, HSE, Dublin Mid-Leinster,
(j) the Public Health Microbiology Laboratory, Galway, or
(k) a laboratory designated by the Minister pursuant to Regulation 29(a);
(a) a label, labelling, packaging, a bottle, a container or commercial documents relating to bottled waters, or
(b) materials or media used in the advertising, marketing or presentation of bottled waters or other accompanying material;
(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, 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 Commission Directive 2003/40/EC, Commission Regulation 115/2010, Council Directive 98/83/EC, Council Directive 2013/51/EURATOM, Directive 2009/54/EC or the General Food Law Regulation has, unless the context otherwise requires, the same meaning in these Regulations as it has in such Directive or Regulation.
num: 3
paragraphs: These Regulations apply to bottled waters intended to be placed on the market in a Member State.
num: 4
paragraphs: (1) This Part applies to natural mineral waters.
(2) Subject to paragraph (6), in these Regulations “natural mineral waters” means waters derived from a natural mineral water spring, which—
(a) have been extracted from the ground of a Member State and are recognised by the responsible authority of that Member State as satisfying the provisions of Section I of Annex I to Directive 2009/54/EC, or
(b) have been extracted from the ground of a country which is not a Member State and imported into the European Economic Area, and have been recognised as a natural mineral water by the responsible authority of a Member State pursuant to certification in the country of extraction,
(3) For the purposes of paragraph (2)(b), “certification in the country of extraction” means certification by the responsible authority in the country of extraction that—
(a) the waters satisfy Section I of Annex I to Directive 2009/54/EC, and
(b) regular checks are made on the application of the provisions of point 2 of Annex II to Directive 2009/54/EC.
(4) The validity of the certification referred to in paragraph (3) shall not exceed a period of five years.
(5) It shall not be necessary to repeat the recognition procedure referred to in paragraph (2)(b) if the certification is renewed before the end of the period referred to in paragraph (4).
(6) Waters used at source for curative purposes in thermal or hydromineral establishments shall not constitute “natural mineral waters”.
num: 5
paragraphs: (1) Where natural mineral waters are extracted within the State or imported into the State from a country that is not a Member State, recognition pursuant to Regulation 4(2)(a) or (b) shall be carried out by the Authority or an official agency.
(2) The Authority shall publish the grounds for granting recognition pursuant to Regulation 4(2)(a) and (b).
(3) The Authority or an official agency may charge a fee (the “appropriate fee”) which shall be equal to the amount which the Authority or the official agency estimates it will incur in, or in connection with, recognition pursuant to Regulation 4(2)(a) and (b).
(4) The appropriate fee shall be payable by the seller or producer, as appropriate, of the natural mineral waters, in respect of which recognition is sought.
(5) Without prejudice to paragraph (4), where the costs incurred are greater than the appropriate fee, the differences between those costs and that fee shall be payable by the seller or producer of the natural mineral waters, as appropriate, and where those costs are less than the appropriate fee, the difference between those costs and that fee shall be repayable by the Authority or the official agency to the seller or producer, as appropriate.
(6) Natural mineral waters recognised by the Authority or an official agency, before the coming into operation of these Regulations, pursuant to Regulation 3(3) of the European Communities (Natural Mineral Waters, Spring Waters and Other Waters in Bottles or Containers) Regulations 2007 ( S.I. No. 225 of 2007 ) shall be regarded as having been recognised pursuant to Regulation 4(2)(a) or (b), as appropriate.
num: 6
paragraphs: A person shall not—
(a) market any natural mineral waters unless the provisions of this Part are complied with,
(b) use the description “natural mineral waters” in the marketing of any products which are not natural mineral waters within the meaning of Regulation 4(2),
(c) exploit natural mineral water springs other than in accordance with Annex II to Directive 2009/54/EC, or
(d) package natural mineral waters other than in accordance with Annex II to Directive 2009/54/EC.
num: 7
paragraphs: (1) Subject to paragraph (5), a person shall not cause natural mineral waters, in their state at source, to be the subject of any treatment other than—
(a) the separation of their unstable elements, such as iron and sulphur compounds, by filtration or decanting, possibly preceded by oxygenation, in so far as this treatment does not alter the composition of the waters as regards the essential constituents which give them their properties,
(b) the separation of iron, manganese and sulphur compounds and arsenic from certain natural mineral waters by treatment with ozone-enriched air in so far as such treatment does not alter the composition of the waters as regards the essential constituents which give them their properties, and provided that the treatment—
(i) is notified in advance to, and specifically controlled by, the Authority, or an official agency, in accordance with paragraph (6), and
(ii) complies with all of the conditions referred to in paragraph (7),
(c) the separation of undesirable constituents other than those specified in subparagraph (a) or (b), in so far as this treatment does not alter the composition of the waters as regards the essential constituents which give them their properties, and provided that the treatment is notified to, and specifically controlled by, the Authority, or an official agency,
(d) the total or partial elimination of free carbon dioxide by exclusively physical methods, or
(e) the treatment of natural mineral waters with activated alumina to remove fluoride, provided that—
(i) the treatment is performed in accordance with the technical requirements set out in the Annex to Commission Regulation 115/2010,
(ii) the treatment is notified to the Authority, or an official agency, pursuant to Article 3 of Commission Regulation 115/2010,
(iii) the release of residues into the water as a result of the treatment is as low as technically feasible according to the best practices and does not pose a risk to public health,
(iv) the critical processing steps set out in the Annex to Commission Regulation 115/2010 are implemented and monitored, and
(v) the label on the natural mineral waters includes, in proximity to the statement of the analytical composition, the indication “water subjected to an authorised adsorption technique”.
(2) A person shall not cause natural mineral waters, in their state at source, to be the subject of any addition other than the introduction or the reintroduction of carbon dioxide under the conditions laid down in Section III of Annex I to Directive 2009/54/EC.
(3) A person shall not cause natural mineral waters to be the subject of any disinfection treatment by whatever means.
(4) Subject to paragraph (2), a person shall not cause natural mineral waters to be the subject of the addition of bacteriostatic elements or any other treatment likely to change the viable colony count of the water.
(5) Paragraph (1)(a) to (d) shall not constitute a bar to the utilisation of natural mineral waters in the manufacture of soft drinks.
(6) In controlling the treatment of natural mineral waters with ozone-enriched air, the Authority or official agency shall ensure that—
(a) use of such treatment is justified by the composition of the waters in terms of compounds of iron, manganese, sulphur and arsenic, and
(b) the operator takes all measures necessary to guarantee that the treatment is effective and safe and allows it to be checked by the Authority or official agency.
(7) A person shall not cause natural mineral waters to be the subject of ozone-enriched air treatment unless the following conditions are complied with:
(a) the physico-chemical composition of the waters in terms of essential constituents is not modified by the treatment;
(b) the waters before treatment comply with the microbiological criteria laid down in Regulation 8(1) to (7); and
(c) the treatment does not lead to the formation of residues with a concentration exceeding the maximum limits laid down in Annex III to Commission Directive 2003/40/EC or residues which could pose a risk to public health.
num: 8
paragraphs: (1) A person engaged in the extraction of natural mineral waters shall ensure that the revivable total colony count of the waters at source conforms to its normal viable colony count and shall, upon request by the Authority or an official agency, give satisfactory evidence of the protection of the source against all contamination.
(2) For the purposes of paragraph (1), the total colony count shall be determined under the conditions laid down in Section II, point 1.3.3 of Annex I to Directive 2009/54/EC.
(3) A person engaged in the extraction of natural mineral waters shall ensure that, after bottling, the total colony count of the waters at source does not exceed 100 per millilitre at 20°C to 22°C in 72 hours on agar-agar or an agar-gelatine mixture and 20 per millilitre at 37°C in 24 hours on agar-agar.
(4) For the purposes of paragraph (3), the total colony count shall be measured within the 12 hours following bottling, the water being maintained at 4°C 1°C during this 12-hour period.
(5) A person engaged in the extraction of natural mineral waters shall ensure that, at source, the values laid down in paragraph (3) do not normally exceed 20 per millilitre at 20°C to 22°C in 72 hours and 5 per millilitre at 37°C in 24 hours respectively, on the understanding that they are to be considered as guide figures and not as maximum permitted concentrations.
(6) A person engaged in the extraction of natural mineral waters shall ensure that, at source, the waters are free from—
(a) parasites and pathogenic micro-organisms,
(b)Escherichia coli and other coliforms and faecal streptococci in any 250 millilitre sample examined,
(c) sporulated sulphite-reducing anaerobes in any 50 millilitre sample examined, and
(d)Pseudomonas aeruginosa in any 250 millilitre sample examined.
(7) A person shall not place on the market natural mineral waters which contain—
(a) parasites and pathogenic micro-organisms,
(b)Escherichia coli or other coliforms or faecal streptococci in any 250 millilitre sample examined,
(c) sporulated sulphite-reducing anaerobes in any 50 millilitre sample examined,
(d)Pseudomonas aeruginosa in any 250 millilitre sample examined.
(8) Without prejudice to the provisions of paragraphs (1) to (7) and the conditions of exploitation laid down in Annex II to Directive 2009/54/EC, a person shall not place on the market natural mineral waters if—
(a) the revivable total colony count of the waters is more than that resulting from the normal increase in the bacterial count which it had at source, and
(b) the waters contain any organoleptic defects.
(9) Subject to paragraphs (11), a person shall not package natural mineral waters which—
(a) do not comply with the maximum concentration limits set out in Annex I to Commission Directive 2003/40/EC for the constituents listed in that Annex, or
(b) contain a constituent listed in that Annex as a result of contamination at source.
(10) During the procedure for official recognition of natural mineral waters collected within the State, the Authority or an official agency may take a lower reference value for nitrates and nitrites than that set out in Annex I to Commission Directive 2003/40/EC, provided that the same reference value is applied to all applications made to them.
(11) Where the Authority or an official agency takes a lower reference value for nitrates or nitrites in accordance with paragraph (10), a person shall not package natural mineral waters to which that reference value was applied which do not comply with that limit.
(12) For the purposes of official controls carried out by the Authority or an official agency, the specifications listed in Annex II to Commission Directive 2003/40/EC shall apply for analysing the constituents listed in Annex I to that Directive.
num: 9
paragraphs: A person shall not package natural mineral waters unless the containers used for that purpose are fitted with closures designed to avoid any possibility of adulteration or contamination.
num: 10
paragraphs: (1) Subject to paragraph (2), a person shall not place on the market natural mineral waters under a sales description other than “natural mineral water”, or, in the case of effervescent natural mineral waters as defined in Section III of Annex I to Directive 2009/54/EC, as appropriate, “naturally carbonated natural mineral water”, “natural mineral water fortified with gas from the spring” or “carbonated natural mineral water”.
(2) A person shall not place on the market natural mineral waters which have undergone any of the treatments referred to in Regulation 7(1)(d) unless the sales description required under paragraph (1) has added to it, as appropriate, the indication “fully de-carbonated” or “partially de-carbonated”.
(3) A person shall not place on the market natural mineral waters unless the labels on the waters also give the following mandatory information:
(a) a statement of the analytical composition, giving its characteristic constituents;
(b) the place where the spring is exploited and the name of the spring; and
(c) information on any treatments referred to in Regulation 7(1)(b) and (c).
(4) A person shall not place on the market natural mineral waters with a fluoride concentration exceeding 1.5 milligrams per litre unless the labels on the waters bear—
(a) the words “contains more than 1.5 mg/l of fluoride: not suitable for regular consumption by infants and children under 7 years of age”, placed in immediate proximity to the trade name and in clearly visible characters, and
(b) an indication of the actual fluoride content in relation to the physico-chemical composition in terms of essential constituents, as referred to in paragraph 3(a).
(5) A person shall not place on the market, natural mineral waters which have been treated with ozone-enriched air unless the labels on the waters bear, in proximity to the analytical composition of characteristic constituents, the words “water subjected to an authorised ozone-enriched air oxidation technique”.
num: 11
paragraphs: (1) A person may not use the name of a locality, hamlet or place in the wording of a trade description of natural mineral waters unless it refers to waters the spring of which is exploited at the place indicated by that description and it is not misleading as regards the place of exploitation of the spring.
(2) A person shall not market natural mineral waters from one and the same spring under more than one trade description.
(3) When—
(a) the labels or inscriptions on the containers in which natural mineral waters are offered for sale, or
(b) the advertising of natural mineral waters,
num: 12
paragraphs: (1) A person shall not use indications, designations, trade marks, brand names, pictures or other signs, whether figurative or not, on the packaging, labelling or advertising, in any form whatsoever, of natural mineral waters, which suggest a characteristic which the waters do not possess, in particular as regards their origin, the date of the authorisation to exploit them, the results of analyses or any similar references to guarantees of authenticity.
(2) Subject to paragraph (3), a person shall not use any indications, on the packaging, labelling or advertising of natural mineral waters, attributing to the waters properties relating to the prevention, treatment or cure of a human illness.
(3) A person may use the indications listed in Annex III to Directive 2009/54/EC, on the packaging, labelling or advertising of natural mineral waters, if they meet the relevant criteria laid down in that Annex.
num: 13
paragraphs: (1) This Part applies to spring waters.
(2) Subject to paragraph (4), in these Regulations “spring waters” means waters which—
(a) are intended for human consumption in their natural state,
(b) are placed in a bottle or container at source,
(c) satisfy the conditions of exploitation laid down in points 2 and 3 of Annex II to Directive 2009/54/EC, which shall be fully applicable to spring waters,
(d) satisfy the microbiological requirements imposed in respect of natural mineral waters in Regulation 8(1) to (8),
(e) satisfy the labelling requirements imposed in respect of natural mineral waters at Regulation 10(3)(b) and (c), 10(5) and Regulation 11,
(f) have not undergone any treatment other than those referred to in Regulation 7(1)(a) to (e),
(3) Paragraph (2)(f) shall not constitute a bar to the utilisation of spring waters in the manufacture of soft drinks.
(4) For the purposes of these Regulations, waters used at source for curative purposes in thermal or hydromineral establishments shall not constitute “spring waters”.
num: 14
paragraphs: (1) A person shall not—
(a) place on the market any spring waters unless the provisions of this Part are complied with, or
(b) use the description “spring waters” in the marketing of any products which are not spring waters within the meaning of Regulation 13(2).
(2) A person shall not use indications, designations, trade marks, brand names, pictures or other signs, whether figurative or not, on the packaging, labelling or advertising, in any form whatsoever, of spring waters, which are liable to cause confusion with a natural mineral water, in particular the description “mineral water”.
(3) The requirements applicable to other waters in Regulations 16 and 19 shall also be applicable to spring waters.
(4) The obligations imposed on the Authority, or on an official agency, in respect of other waters in Regulations 17 and 18, shall also apply in respect of spring waters.
(5) A person shall not treat spring waters with ozone-enriched air unless such treatment has been notified to the Authority or official agency in advance.
(6) Where the Authority or official agency is notified of the treatment of spring waters with ozone-enriched air, pursuant to paragraph (5), it shall ensure that—
(a) use of such treatment is justified by the composition of the waters in terms of compounds of iron, manganese, sulphur and arsenic,
(b) the operator takes all measures necessary to guarantee that the treatment is effective and safe and allows it to be checked by the Authority or official agency, and
(c) the requirements of paragraph (7) have been complied with.
(7) A person shall not cause spring waters to be the subject of ozone-enriched air treatment unless the following conditions are complied with:
(a) the physico-chemical composition of the waters in terms of essential constituents is not modified by the treatment;
(b) the waters before treatment comply with the microbiological criteria laid down in Regulation 8(1) to (7) for natural mineral waters; and
(c) the treatment does not lead to the formation of residues with a concentration exceeding the maximum limits laid down in Annex III to Commission Directive 2003/40/EC or residues which could pose a risk to public health.
num: 15
paragraphs: (1) This Part applies to other waters.
(2) In these Regulations “other waters” means those waters which are not—
(a) natural mineral waters within the meaning of Regulation 4(2), or
(b) spring waters within the meaning of Regulation 13(2),
num: 16
paragraphs: (1) A person shall not place on the market other waters unless—
(a) they are wholesome and clean,
(b) the parametric values set down in Annex I to Council Directive 98/83/EC are complied with at the point at which the waters are put into bottles or containers,
(c) the parametric value for radon of 500 Bq/l is complied with at the point at which the waters are put into bottles or containers, and
(d) the parametric values set down in Annex I to Council Directive 2013/51/EURATOM for tritium and indicative dose are complied with at the point at which the waters are put into the bottles or containers.
(2) For the purposes of paragraph (1), other waters shall be regarded as wholesome and clean if they—
(a) are free from any micro-organisms and parasites and from any substances which, in numbers or concentrations, constitute a potential danger to human health,
(b) meet the minimum requirements set out in Parts A and B of Annex I to Council Directive 98/83/EC, and
(c) meet the other requirements of this Part.
(3) In taking measures to apply the provisions of this Part, a person engaged in the production, processing or distribution of bottled waters, or the Authority, or an official agency, shall not allow, whether directly or indirectly—
(a) any deterioration in the existing quality of water intended for human consumption, insofar as that is relevant for the protection of human health, or
(b) any increase in the pollution of waters used for the production of drinking water.
num: 17
paragraphs: (1) The Authority, or an official agency, shall take all measures necessary to ensure that regular monitoring of the quality of other waters is carried out, in order to check that the waters available to consumers meet the requirements of this Part and in particular the parametric values set down in Annex I to Council Directive 98/83/EC.
(2) The Authority, or an official agency, shall, for the purpose of paragraph (1), take samples of other waters so that they are representative of the quality of the waters consumed throughout the year.
(3) The sampling points for the purpose of paragraph (2) shall be determined by the Authority, or by an official agency, and shall meet the relevant requirements set out in Annex II to Council Directive 98/83/EC.
(4) The Authority, or an official agency, shall take all measures necessary to ensure that, where disinfection forms part of the preparation or distribution of other waters, the efficiency of the disinfection treatment applied is verified, and that any contamination from disinfection by-products is kept as low as possible without compromising the disinfection.
(5) In order to ensure that the obligations imposed by paragraphs (1), (2) and (4) are met, the Authority, or an official agency, shall establish appropriate monitoring programmes for other waters.
(6) The monitoring programmes referred to at paragraph (5) shall meet the minimum requirements set out in Annex II to Council Directive 98/83/EC.
(7) The Authority, or an official laboratory, shall comply with the specifications for the analyses of parameters set out in Annex III to Council Directive 98/83/EC.
(8) Notwithstanding paragraph (7), methods other than those specified in Part I of Annex III to Council Directive 98/83/EC, may be used by the Authority, or an official laboratory, for the analyses set out in that Part, provided that it can be demonstrated that the results obtained are at least as reliable as those produced by the methods specified.
(9) For those parameters listed in Parts 2 and 3 of Annex III, to Council Directive 98/83/EC, any method of analysis may be used by the Authority, or an official laboratory, provided that it meets the requirements set out therein.
(10) The Authority, or an official agency, shall ensure that additional monitoring is carried out on a case-by-case basis of substances and micro-organisms for which no parametric value has been set under Annex I to Council Directive 98/83/EC, if there is reason to suspect that they may be present in amounts or numbers which constitute a potential danger to human health.
(11) The Authority, or an official agency, shall monitor for radioactive substances in other waters in accordance with the monitoring strategies and frequencies set out in Annex II to Council Directive 2013/51/EURATOM, in order to check whether the values of radioactive substances comply with the parametric values referred to in Regulation 16(1)(c) and (d).
(12) Monitoring under paragraph (11) shall ensure that the measured values obtained are representative of the quality of the water consumed throughout the year.
(13) Paragraph (12) is without prejudice to the principles of hazard analysis and critical control point (HACCP) as required by the European Communities (Hygiene of Foodstuffs) Regulations 2006 ( S.I. No. 369 of 2006 ) and to the principles of official controls as laid down in the European Communities (Official Control of Foodstuffs) Regulations 2010 ( S.I. No. 117 of 2010 ).
(14) In monitoring under paragraph (11), monitoring for the indicative dose of other waters shall be carried out, and analytical performance characteristics shall be, in accordance with the requirements set out in Annex III to Council Directive 2013/51/EURATOM.
num: 18
paragraphs: (1) The Authority, or an official agency, shall ensure that any failure to meet the parametric values referred to in Regulation 16(1) is immediately investigated in order to identify the cause.
(2) Where, despite measures taken under Regulation 16(1) and (2), other waters do not meet the parametric values set down in Annex I to Council Directive 98/83/EC, the Authority, or an official agency, shall ensure that the necessary remedial action is taken as soon as possible to restore their quality and shall give priority to enforcement action, having regard, inter alia, to the extent to which the relevant parametric value has been exceeded and to the potential danger to human health.
(3) Whether or not any failure to meet the parametric values set down in Annex I to Council Directive 98/83/EC has occurred, the Authority, or an official agency, shall ensure that other waters which constitute a potential danger to human health are prohibited or their use restricted, or other such action is taken as is necessary to protect human health.
(4) In the event of the Authority, or an official agency, taking action under paragraph (3), it shall promptly inform consumers thereof and furnish them with the necessary advice.
(5) The Authority, or an official agency, shall decide what action should be taken under paragraph (3), bearing in mind the risks to human health which would be caused by an interruption of the supply or a restriction in the use of other waters.
(6) The Authority may establish guidelines in relation to the obligations under paragraph (5).
(7) In the event of non-compliance, in relation other waters, with the parametric values or with the specifications set out in Part C of Annex I to Council Directive 98/83/EC, the Authority, or an official agency, shall—
(a) consider whether that non-compliance poses any risk to human health, and
(b) take remedial action to restore the quality of the other waters where that is necessary to protect human health.
(8) In the event of the Authority, or an official agency, taking remedial action pursuant to paragraph (7), it shall further ensure that consumers are notified, except where the Authority or the official agency, as the case may be, considers the non-compliance with the parametric value to be trivial.
(9) Without prejudice to Article 9(1) of the Radiological Protection Act 1991 (Ionising Radiation) Order 2000 ( S.I. No. 125 of 2000 ), in the event of non-compliance with the parametric values referred to in Regulation 16(1)(c) and (d), the Authority, or an official agency, shall—
(a) assess whether the non-compliance poses a risk to human health which requires action, and
(b) where such a risk exists—
(i) take remedial action to improve the quality of other water to a level which complies with requirements for the protection of human health from a radiation protection point of view, and
(ii) ensure that the general public is—
(I) notified of the risk and the remedial action taken, and
(II) advised on any additional precautionary measures that may be needed for the protection of human health in respect of radioactive substances.
num: 19
paragraphs: A person engaged in the production, processing or distribution of other waters shall ensure that substances and materials for new installations used in the preparation or distribution of such waters, and impurities associated with such substances or materials for new installations—
(a) do not remain in other waters in concentrations higher than is necessary for the purpose of their use, and
(b) do not directly or indirectly reduce the protection of human health provided for in this Part.
num: 20
paragraphs: A person shall not use indications, designations, trade marks, brand names, pictures or other signs, whether figurative or not, on the packaging, labelling or advertising, in any form whatsoever, of other waters, which are liable to cause confusion with natural mineral water, in particular the description “mineral water”.
num: 21
paragraphs: (1) The enforcement of these Regulations, Commission Directive 2003/40/EC, Commission Regulation 115/2010, Council Directive 98/83/EC, Council Directive 2013/51/EURATOM and Directive 2009/54/EC shall be carried out in accordance with the provisions of this Part.
(2) These Regulations shall be deemed to be food legislation for the purposes of the Act of 1998.
(3) Subject to Regulation 30, these Regulations shall be enforced by the Authority or by an official agency acting pursuant to a service contract with the Authority, or by both, and, without prejudice to paragraph (1), the enforcement provisions contained in the Act of 1998 shall apply for the purposes of ensuring compliance with the requirements of these Regulations.
num: 22
paragraphs: (1) An authorised officer may, for the purposes of these Regulations, purchase or take without payment a sample of bottled waters or a sample from the spring or source from which bottled waters are derived.
(2) An authorised officer may, for the purpose of taking a sample of bottled waters open any receptacle.
(3) Where an authorised officer purchases or takes without payment a sample referred to in paragraph (1) with the intention of having it analysed, he or she shall after purchasing or taking the sample forthwith notify the food business operator or person in apparent charge or control of the bottled waters, spring or source, of his or her intention of having the sample analysed.
(4) Where an authorised officer purchases or takes without payment, with the intention of having it analysed, a sample referred to in paragraph (1) which is suspected by him or her of failing to comply with the provisions of these Regulations, he or she may, by notice in writing to the food business operator or person in apparent charge or control of the bottled waters, spring or source, prohibit the removal of the bottled waters except to any place which may be specified in the notice, during such period as may be specified in the notice, but not exceeding 15 working days from the date of the taking of the sample.
num: 23
paragraphs: (1) Where a sample of bottled waters, or a sample from the spring or source from which bottled waters are derived, is taken pursuant to Regulation 22, for the purposes of official analysis, and where the division of the sample is reasonably practicable, the authorised officer concerned shall divide the sample into three approximately equal parts (enforcement, trade (defence) and referee), each of which he or she shall mark in such a way as to identify it as a part of the sample taken by the officer.
(2) Where an authorised officer divides a sample in accordance with paragraph (1), he or she shall—
(a) in the presence of the food business operator or person in apparent charge or control of such bottled waters, spring or source, mark, seal and fasten each part in such a manner as its nature will permit and in such a way that the integrity of the sample is not compromised,
(b) forward one part to the approved examiner in an official laboratory for analysis,
(c) give or send one part to the food business business operator or person in apparent charge or control of such bottled waters, spring or source, and
(d) retain the third part.
(3) Where an authorised officer takes a sample of bottled waters contained in unopened bottles or containers and its division into parts—
(a) is not reasonably practicable, or
(b) might affect the composition or impede the proper analysis of the sample,
(4) In proceedings for an offence under these Regulations, the result of any test, examination or analysis of, or report on, a sample of bottled waters or a sample from the spring or source from which bottled waters are derived, taken pursuant to these Regulations, shall not be adduced unless before the proceedings were instituted the sample was divided as specified in this Regulation and the part, bottle or container retained by the authorised officer is produced at the hearing.
num: 24
paragraphs: (1) An authorised officer may, for the purposes of these Regulations, inspect, take or make copies, whether in writing, by photography, electronically or otherwise, of a relevant thing.
(2) Where a sample of a relevant thing related to a sample of bottled waters, or a sample taken from the spring or source from which bottled waters are derived, taken in accordance with Regulations 22 and 23 is taken pursuant to these Regulations, for the purposes of official analysis, the authorised officer shall obtain three identical such relevant things, or take three copies or photographs of such relevant thing.
(3) Where an authorised officer takes a relevant thing related to a sample of bottled waters, or a sample from the spring or source from which bottled waters are derived, taken in accordance with Regulations 22 and 23, or a copy or photograph thereof, with the intention of having it analysed, he or she shall—
(a) forthwith notify the food business operator or person in apparent charge or control of the relevant thing, of his or her intention of having the relevant thing, copy or photograph analysed,
(b) mark, seal and fasten each relevant thing, or copy or photograph of the relevant thing, in such a manner as its nature will permit, and in such a way that the integrity of the sample is not compromised,
(c) forward one of the relevant things, or one of the copies or photographs of the relevant thing, to the approved examiner in an official laboratory for analysis,
(d) give or send one of the relevant things, or one of the copies or photographs of the relevant thing, to the food business operator or person in apparent charge or control of the relevant thing, and
(e) retain the third relevant thing, or the third copy or photograph of the relevant thing.
(4) Where a sample of a relevant thing is taken pursuant to these Regulations, for the purpose of inspection, the authorised officer shall obtain three identical such relevant things, or take three copies or photographs of such relevant thing.
(5) Where an authorised officer takes a relevant thing, or a copy or photograph thereof, with the intention of having it inspected, he or she shall—
(a) forthwith notify the food business operator or person in apparent charge or control of the relevant thing, of his or her intention of having the relevant thing, copy or photograph inspected,
(b) mark, seal and fasten each relevant thing, or copy or photograph of the relevant thing, in such a manner as its nature will permit, and in such a way that the integrity of the sample is not compromised,
(c) give or send one of the relevant things, or one of the copies or photographs of the relevant thing, to the food business operator or person in apparent charge or control of the relevant thing,
(d) retain one of the relevant things, or one of the copies or photographs of the relevant thing, for the purpose of inspection, and
(e) retain the third relevant thing, or the third copy or photograph of the relevant thing.
(6) In proceedings for an offence under these Regulations, the result of any test, examination or analysis of, or report on, a sample of a relevant thing taken pursuant to these Regulations shall not be adduced unless before the proceedings were instituted the sample was divided as specified in this Regulation and the relevant thing or the copy or photograph of the relevant thing retained by the authorised officer is produced at the hearing.
num: 25
paragraphs: (1) The approved examiner or a person under his or her direction shall analyse as soon as possible any sample submitted to him or her in pursuance of these Regulations and the approved examiner shall certify to the person who submitted the sample to him or her the result of such analysis.