Welsh Statutory Instrument SI 2015/1867 Wales

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

Read it on legislation.gov.uk (opens in a new tab)
Status
Amended (in force with amendments)
Penalty ceiling
Regulated 2 of 69 obligations carry a criminal penalty. 67 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Any Person28 Operator1 Trader1 Manufacturer1

Plus 38 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Any Person — also bound by 2340 other Acts
Operator — also bound by 746 other Acts
Trader — also bound by 825 other Acts
Companies Act 2006 243 duties
Companies Act 1985 85 duties
Manufacturer — also bound by 502 other Acts

What it requires

Regulations creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 1

Introductory

0 of 3 sections shown
3 other sections in this Part — procedural and definitional
s.001 Title, commencement and application
s.002 Interpretation
s.003 Exemptions
Part 2

Natural mineral water

8 of 11 sections shown
s.004 Transitional provision: withdrawal from the EEA and the EU Regulated
Other duties (1) — Crown / regulator
  • Welsh Ministers must publish and update list of accredited natural mineral watersCrown / Minister / Government department
s.007 Notification of changes Regulated
Other duties (1) — Crown / regulator
  • Food authorities must notify the Agency of changes to natural mineral water recognition or descriptionsLocal authority
s.008 Exploitation of natural mineral water springs Regulated
  • Obtain food authority permission and comply with Schedule 4 for natural mineral water springsAny Person
s.009 Treatments and additions for natural mineral water Regulated
  • Do not treat or add to natural mineral water except as allowedAny Person
s.010 Bottling of natural mineral water Regulated
  • Bottle natural mineral water only under specified conditionsAny Person
s.011 Labelling of natural mineral water Regulated
  • Label natural mineral water correctly and avoid prohibited descriptionsAny Person
s.012 Advertising of natural mineral water Regulated
  • Include spring location in natural mineral water adsAny Person
s.013 Sale of natural mineral water Regulated
  • Sell non-compliant natural mineral water (Wales)Any Person
3 other sections in this Part — procedural and definitional
s.004 Recognition as natural mineral water
s.005 Declining to grant or withdrawing recognition
s.006 Application to withdraw recognition
Part 3

Water intended to be sold as “spring water” or “dŵr ffynnon”

3 of 5 sections shown
s.014 Exploitation of springs and bottling of water intended to be labelled and sold as “spring water” or “dŵr ffynnon” Regulated
  • Only bottle or exploit spring water springs if all legal conditions are metAny Person
s.016 Labelling of water as “spring water” or “dŵr ffynnon” Regulated
  • Label spring water correctly with source details and treatment infoAny Person
s.017 Advertising of water as “spring water” or “dŵr ffynnon” Regulated
  • Ensure written ads for spring water show the spring name prominentlyAny Person
2 other sections in this Part — procedural and definitional
s.015 Treatments and additions for water intended to be labelled and sold as “spring water” or “dŵr ffynnon”
s.018 Sale of water as “spring water” or “dŵr ffynnon”
Part 4

Bottled drinking water

2 of 4 sections shown
s.019 Bottling of drinking water Regulated
  • Only bottle drinking water that meets Schedule 7 standardsAny Person
s.020 Labelling of bottled drinking water Regulated
  • Mislabel bottled drinking water to suggest it is mineral waterAny Person
2 other sections in this Part — procedural and definitional
s.021 Advertising of bottled drinking water
s.022 Sale of bottled drinking water
Part 5

Monitoring and sampling

6 of 11 sections shown
s.023 Monitoring of natural mineral water Regulated
Other duties (1) — Crown / regulator
  • Food authorities must monitor natural mineral water for stability and qualityLocal authority
s.024 Monitoring of water bottled and labelled as “spring water” or “dŵr ffynnon” and bottled drinking water Regulated
Other duties (1) — Crown / regulator
  • Food authorities must regularly monitor bottled spring and drinking water qualityLocal authority
s.025 Samples and analysis Regulated
Other duties (1) — Crown / regulator
  • Local authorities must sample and test bottled water at sourceLocal authority
s.026 Remedial action Regulated
Other duties (1) — Crown / regulator
  • Food authority must enforce water quality compliance for spring and bottled waterLocal authority
s.027 Monitoring of certain treatments Regulated
Other duties (1) — Crown / regulator
  • Food authority must periodically check authorised fluoride removal and ozone-enriched air treatmentsLocal authority
s.028 General Regulated
Other duties (1) — Crown / regulator
  • Food authority must ensure representative sampling of bottled water throughout the yearLocal authority
5 other sections in this Part — procedural and definitional
s.027 Fluoride removal treatment
s.027 Ozone-enriched air treatment
s.029 Delivery
s.030 Notification
s.031 Analysis by the Government Chemist
Part 6

Enforcement and miscellaneous provisions

1 of 7 sections shown
s.032 Enforcement Regulated
Other duties (1) — Crown / regulator
  • Food authorities must enforce the Regulations in their areaLocal authority
6 other sections in this Part — procedural and definitional
s.033 Application of the Act: improvement notices
s.034 Application of the Act: powers of entry
s.035 Application of other provisions of the Act
s.036 Savings and transitional provisions
s.037 Revocations
s.038 Amendments to other legislation
Schedules

Schedules

49 of 76 shown
s.sch001 A person seeking to have water recognised as natural mineral... Regulated
  • Carry out geological, physical and microbiological surveys for water recognitionAny Person
s.sch001 (1) Subject to sub-paragraph (2), a person seeking to have... Regulated
  • Carry out clinical and pharmacological analyses on natural mineral waterAny Person
s.sch001 Where information on the anions, cations, non-ionised compounds and trace... Regulated
  • Use correct units for water composition testing resultsAny Person
s.sch001 Where information required by paragraph 1 has been given, the... Regulated
Other duties (1) — Crown / regulator
  • Food authority must assess natural mineral water applications and recognise if compliantLocal authority
s.sch001 The food authority must, on recognising a natural mineral water... Regulated
Other duties (1) — Crown / regulator
  • Food authority must publish recognition of natural mineral water in the London GazetteLocal authority
s.sch001 Where information on the anions, cations, non-ionised compounds and trace... Regulated
  • Express mineral concentrations in specified units when applying for recognitionAny Person
s.sch001 The Agency must recognise such a water if the responsible... Regulated
Other duties (1) — Crown / regulator
  • Agency must recognise water as natural mineral water upon certificationStatutory regulator
s.sch001 The Agency must, on recognising water in accordance with this... Regulated
Other duties (1) — Crown / regulator
  • Agency must publish recognition of natural mineral water in official gazettesStatutory regulator
s.sch002 The food authority must immediately comply with a direction of... Regulated
Other duties (1) — Crown / regulator
  • Local authority must immediately follow the Agency's directionLocal authority
s.sch002 A person seeking authorisation to carry out fluoride removal treatment... Regulated
  • Apply to the food authority before carrying out fluoride removal treatmentAny Person
s.sch002 The food authority must assess the application and any supporting... Regulated
Other duties (1) — Crown / regulator
  • Food authority must assess and authorise fluoride removal treatment applicationsLocal authority
s.sch002 Where the food authority decides to authorise a fluoride removal... Regulated
Other duties (1) — Crown / regulator
  • Food authority must notify applicant of fluoride treatment authorisation in writingLocal authority
s.sch002 Where the food authority decides to refuse to authorise a... Regulated
Other duties (1) — Crown / regulator
  • Food authority must inform applicant in writing if refusing fluoride removal treatmentLocal authority
s.sch002 Where a fluoride removal treatment has been authorised pursuant to... Regulated
  • Allow food authority to inspect fluoride removal treatment and provide informationAny Person
s.sch002 The Agency, upon receiving an application under paragraph 8, must... Regulated
Other duties (1) — Crown / regulator
  • Agency must decide on fluoride removal authorisation within 3 monthsStatutory regulator
s.sch003 No person may carry out an ozone-enriched air treatment on... Regulated
  • No ozone-enriched air treatment of mineral/spring water unless permittedAny Person
s.sch003 The Agency, upon receiving an application under paragraph 9, must... Regulated
Other duties (1) — Crown / regulator
  • Agency must decide on ozone-enriched air treatment applications within 3 monthsStatutory regulator
s.sch003 The food authority must immediately comply with a direction of... Regulated
Other duties (1) — Crown / regulator
  • Food authority must immediately follow Agency directionLocal authority
s.sch003 An ozone-enriched air treatment must not— (a) modify the physico-chemical... Regulated
  • Do not alter water composition or leave harmful residues when using ozone treatmentAny Person
s.sch003 A person seeking authorisation to carry out an ozone-enriched air... Regulated
  • Apply for authorisation to use ozone-enriched air treatmentAny Person
s.sch003 The food authority must assess the application and any supporting... Regulated
Other duties (1) — Crown / regulator
  • Food authority must assess and authorise ozone-enriched air treatment if safeLocal authority
s.sch003 Where the food authority decides to authorise an ozone-enriched air... Regulated
Other duties (1) — Crown / regulator
  • Food authority must notify you in writing of ozone treatment approvalLocal authority
s.sch003 Where the food authority refuses to authorise an ozone-enriched air... Regulated
Other duties (1) — Crown / regulator
  • Food authority must give written reasons for refusing ozone-enriched air treatment authorizationLocal authority
s.sch003 Where an ozone-enriched air treatment has been authorised pursuant to... Regulated
  • Allow food authority inspections and provide treatment informationAny Person
s.sch004 Equipment for exploiting the water must be so installed as... Regulated
  • Install water extraction equipment to prevent contamination and preserve source propertiesAny Person
s.sch004 The spring or outlet must be protected against the risks... Regulated
  • Protect spring or outlet against pollution risksAny Person
s.sch004 The catchment, pipes and reservoirs must be of materials suitable... Regulated
  • Use water-safe materials and prevent contamination in your water supply systemTrader
s.sch004 The conditions of exploitation, particularly the washing and bottling equipment,... Regulated
  • You must treat and wash containers to prevent water quality harmAny Person
s.sch004 (1) Subject to sub-paragraphs (2) and (3), water must not... Regulated
  • Use authorised containers for transporting bottled waterAny Person
s.sch004 (1) The revivable total colony count of the water at... Regulated
  • Ensure water at source meets colony count standardsOperator
s.sch004 (1) After bottling, the total colony count of the water... Regulated
  • Ensure bottled water meets bacteria limits and test within 12 hoursAny Person
s.sch004 Water must be free from— (a) parasites and pathogenic micro-organisms;... Regulated
  • Ensure bottled water is free from specified micro-organisms and parasitesAny Person
s.sch009 Each food authority must monitor water bottled and labelled as... Regulated
Other duties (1) — Crown / regulator
  • Food authorities must monitor spring water and bottled drinking water for radioactivityLocal authority
s.sch009 If the food authority screens for an individual radionuclide or... Regulated
Other duties (1) — Crown / regulator
  • Food authority must investigate other radionuclides when screening thresholds exceededLocal authority
s.sch009 (1) If the food authority screens for gross alpha activity... Regulated
Other duties (1) — Crown / regulator
  • Food authority must investigate radionuclides when screening levels exceededLocal authority
s.sch009 Treatment of bottled drinking water Regulated
Other duties (1) — Crown / regulator
  • Food authority must monitor treated bottled drinking water for radionuclidesLocal authority
s.sch009 Averaging Regulated
Other duties (1) — Crown / regulator
  • Food authority must take further samples when parametric value exceededLocal authority
s.sch009 Radon Regulated
Other duties (1) — Crown / regulator
  • Food authorities must survey radon levels in water sourcesLocal authority
s.sch009 The representative surveys must be designed in such a way... Regulated
Other duties (1) — Crown / regulator
  • Food authorities must design representative surveys to identify radon exposure parametersLocal authority
s.sch009 Each food authority must monitor for radon if there is... Regulated
Other duties (1) — Crown / regulator
  • Food authority must monitor for radon if risk of exceeding parametric valueLocal authority
s.sch009 Tritium Regulated
Other duties (1) — Crown / regulator
  • Food authorities must monitor for tritium in affected catchmentsLocal authority
s.sch009 Sampling must be carried out at the frequencies specified in... Regulated
Other duties (1) — Crown / regulator
  • Food authorities must sample water at specified frequenciesLocal authority
s.sch009 If the concentration of tritium exceeds the parametric value specified... Regulated
Other duties (1) — Crown / regulator
  • Food authority must investigate other radionuclides if tritium is too highLocal authority
s.sch009 Indicative dose Regulated
Other duties (1) — Crown / regulator
  • Food authority must monitor for indicative dose if radioactivity presentLocal authority
s.sch009 Sampling must be carried out at the frequencies specified in... Regulated
  • Sample water at the frequencies specified in the TableAny Person
s.sch010 Analysis of samples Regulated
Other duties (1) — Crown / regulator
  • Food authority must analyse water samples using prescribed methods and performance standardsLocal authority
s.sch010 Sampling and analysis by persons other than food authorities Regulated
Other duties (1) — Crown / regulator
  • Food authorities must ensure competence and timely reporting when outsourcing sampling and analysisLocal authority
s.sch011 Analysis of samples Regulated
Other duties (1) — Crown / regulator
  • Local authority must ensure water samples are tested for indicative doseLocal authority
s.sch011 For each parameter specified in the first column of Table... Regulated
  • Use analytical methods that detect parameters at required limitsManufacturer
27 other schedules
s.sch001 A person seeking to have water which is extracted from...
s.sch001 A person seeking to have a water which is extracted...
s.sch001 Recognition of such water lapses after a period of five...
s.sch002 No person may carry out fluoride removal treatment on natural...
s.sch002 The food authority may withdraw authorisation of a fluoride removal...
s.sch002 Where the food authority notifies a person seeking authorisation of...
s.sch003 The food authority may withdraw authorisation of an ozone-enriched air...
s.sch003 Where the food authority notifies a person seeking authorisation of...
s.sch007 Water satisfies the requirements of this Schedule if—
s.sch007 The concentrations or values of the parameters listed in the...
s.sch008 Sampling
s.sch008 Check monitoring means sampling water bottled and labelled as “spring...
s.sch008 Frequency of sampling
s.sch008 Sampling
s.sch008 Audit monitoring means sampling water bottled and labelled as “spring...
s.sch008 Frequency of sampling
s.sch009 The food authority may use various reliable screening strategies to...
s.sch009 Exemption from monitoring
s.sch010 Authorisation of alternative methods of analysis
s.sch011 For each parameter and radionuclide specified in the first column...
s.sch011 If the following formula is satisfied, the indicative dose is...
s.sch013 The Private Water Supplies (Wales) Regulations 2010
s.sch013 In regulation 3(a), for “the Natural Mineral Water, Spring Water...
s.sch013 The Food Safety (Sampling and Qualifications) (Wales) Regulations 2013
s.sch013 In Schedule 1, omit the reference to “The Natural Mineral...
s.sch013 The Food Information (Wales) Regulations 2014
s.sch013 In Schedule 7, omit paragraphs 49 and 50.

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.