"the Act" means the Food Safety Act 1990;

"bottle", the noun, means a closed container of any kind in which water is sold for human consumption or from which water sold for human consumption is derived, and "bottle", the verb, and cognate expressions, shall be construed accordingly;

"bottled drinking water" means drinking water which is bottled;

(a) in the case of water extracted from the ground in Great Britain, it is recognised for those purposes by the relevant authority, such recognition having been granted in accordance with Part I of Schedule 1;

(b) in the case of water extracted from the ground in Northern Ireland, it is recognised there for those purposes by a responsible authority of Northern Ireland;

(c) in the case of water extracted from the ground in an EEA State other than the United Kingdom, it is recognised there for those purposes by a responsible authority of that EEA State; and

(d) in the case of water extracted from the ground in a country other than an EEA State-


(i) it is recognised for those purposes by the Minister, such recognition having been granted in accordance with Part II of Schedule 1; or

(ii) it has an equivalent recognition, given by a responsible authority, in-


(aa) Northern Ireland; or

(bb) an EEA State other than the United Kingdom.

    (2) Where, in relation to any water after it has been recognised for the purposes of Article 1 in accordance with Schedule 1, it is found-

(a) that, by analysis in accordance with Section II of Annex I, the requirements as to demonstration and determination in paragraph 1.3 of that Section are not met; or

(b) that the exploitation and bottling requirements are not met,

(a) that water is extracted from a spring;

(b) subject to paragraph (2) below, that water would, if it were natural mineral water, meet the exploitation and bottling requirements;

(c) that water would, if it were natural mineral water, be capable of being bottled or sold, as appropriate, without contravening the provisions of regulation 8;

(d) that water is or has been bottled at source and, if it has not undergone any treatment, is intended for consumption in its natural state;

(e) that water is marked or labelled with the name of the place where the spring is exploited and the name of the spring;

(f) where that water is marked or labelled with any trade description, the water would, if it were natural mineral water, comply with the requirements of Article 8; and

(g) that water satisfies the requirements of Schedule 3.

(a) carry out periodic checks on any water which, for the purposes of Article 1.1 and in accordance with Part I of Schedule 1, has been recognised as a natural mineral water to ensure-


(i) that the water is natural mineral water which complies with paragraph 3 of Section I of Annex I and has had its characteristics assessed in accordance with paragraph 2 of that Section as called for by paragraph 4(b) of Annex II; and

(ii) that, subject as specified in regulation 6(1)(c), the exploitation and bottling requirements are met in relation to the water; and



(b) enforce and execute the provisions of regulations 6, 7 and 8.

    (3) For the purposes of the enforcement and execution of regulations 5, 10 and 11(1)(e) and (f) "food authority" does not include-

(a) the council of a district in a non-metropolitan county in England except where the county functions have been transferred to that council pursuant to a structural change; or

(b) the appropriate Treasurer referred to in section 5(1)(c) of the Act (which deals with the Inner Temple and the Middle Temple).

(a) the particulars in paragraph 1.1 of Section II of Annex I;

(b) any other information showing that the requirements in paragraph 1.2 and 1.3 of the said Section II are established by analysis in accordance with that Section; and

(c) such evidence as is satisfactory to show that the water contains no substance named in column 2 (parameters) of Table B in Schedule 3 opposite any of item numbers 1 to 9 in column 1 of the said Table in an amount, expressed in the unit of measurement specified opposite that substance in column 3 of that Table, which exceeds the maximum concentration specified opposite that substance in column 4 of that Table.

     3. In so far as particulars of any of the anions, cations, non-ionised compounds or trace elements specified in column 1 of Schedule 2 are required to be given pursuant to sub-paragraph (b) of paragraph 2 above, the concentration of each such anion, cation, non-ionised compound or trace element shall, in those particulars, be expressed in the unit of measurement specified opposite it in column 2 of that Schedule.

     4. Where such particulars have been so given, the relevant authority shall assess them and shall, for the purposes of Article 1, recognise the water to which those particulars relate if it is satisfied that-

(a) the water is natural mineral water which complies with paragraph 3 of Section I of Annex I; and

(b) the characteristics of the water have been assessed in accordance with-


(i) the points set out in paragraph (a) of the first unlettered sub-paragraph of paragraph 2 of Section I of Annex I;

(ii) the requirements and criteria listed in Section II of Annex I; and

(iii) recognised scientific methods.

     5. The relevant authority shall, on recognising a natural mineral water for the purposes of Article 1 in accordance with paragraph 4 above, publish an announcement of such recognition, and the grounds on which it has been granted, in the London Gazette and the Edinburgh Gazette.

(a) the particulars in paragraph 1.1 of Section II of Annex I;

(b) any other information showing that the requirements in paragraph 1.2 and 1.3 of the said Section II are established in accordance with that Section; and

(c) such evidence as is satisfactory to show that the water contains no substance named in column 2 (parameters) of Table B in Schedule 3 opposite any of item numbers 1 to 9 in column 1 of the said Table in an amount, expressed in the unit of measurement specified opposite that substance in column 3 of that Table, which exceeds the maximum concentration specified opposite that substance in column 4 of that Table.

     3. In so far as particulars of any of the anions, cations, non-ionised compounds or trace elements specified in column 1 of Schedule 2 are required to be given pursuant to paragraph 2 above the concentration of each such anion, cation, non-ionised compound or trace element shall, in those particulars, be expressed in the unit of measurement specified opposite it in column 2 of that Schedule.

     4. The Minister shall not recognise such a water unless the responsible authority of the country in which the water is extracted has certified that-

(a) it is satisfied-


(i) that the requirements in paragraph 1.2 and 1.3 of Section II of Annex I are established by analysis in accordance with that Section; and

(ii) with the evidence given pursuant to sub-paragraph (c) of paragraph 2 above; and



(b) periodic checks are made to ascertain that-



(i) the water is natural mineral water which complies with paragraph 3 of Section I of Annex I;

(ii) the characteristics of the water are assessed in accordance with-


(aa) the points set out in paragraph (a) of the first unlettered sub-paragraph of paragraph 2 of Section I of Annex I;

(bb) the requirements and criteria listed in Section II of Annex I; and

(cc) recognised scientific methods; and



(iii) the provisions of paragraphs 2 and 3 of Annex II are being applied by the person exploiting the spring.

     5. Recognition of such a water shall lapse after a period of five years unless the responsible authority of the country in which the water is extracted has renewed the certification required by paragraph 4 above.

     6. The Minister shall, on recognising a water in accordance with this Part of this Schedule, publish an announcement of such recognition in the London Gazette and the Edinburgh Gazette.

(a) the water does not contain any property, element, organism, or substance-


(i) (other than a parameter) at a concentration or value which would be injurious to health;

(ii) (whether or not a parameter) at a concentration or value which in conjunction with any other property, element, organism or substance it contains (whether or not a parameter) would be injurious to health;



(b) the water does not contain-



(i) concentrations or values of any of the parameters listed in Tables A to D in Part II of this Schedule in excess of the prescribed concentrations or values;

(ii) concentrations of trihalomethanes (being the aggregate of the concentrations of trichloromethane, dichlorobromomethane, dibromochloromethane and tribromomethane) in excess of 100 µg/l; and



(c) in the case of water prepared from water which has been softened or desalinated, its hardness is not below a minimum concentration of 60 mg Ca/l and its alkalinity is not below a minimum concentration of 30 mg HCO₃/l.

     2. The concentrations or values of the parameters listed in Tables A to D in Part II of this Schedule shall be read in conjunction with the notes thereto.