United Kingdom Statutory Instruments

" "authorised ozone-enriched air oxidation technique" means  - 
(a) a treatment with ozone-enriched air authorised and carried out in accordance with Schedule 5; or

(b) in the case of water brought into England from other parts of the United Kingdom or from another EEA State a treatment which complies with Article 5 of Directive 2003/40 as implemented in that part of the United Kingdom or that EEA State.".

    (2) In regulation 2 paragraph (1) after the definition of "Directive 98/83" there shall be inserted  - 

" "Directive 2003/40" means Commission Directive 2003/40/EC 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.".

(a) it is for the purpose of separating compounds of iron, manganese, sulphur and arsenic from water in which they occur naturally at source;

(b) prior to treatment the water satisfies regulation 8 of these regulations;

(c) the treatment does not have a disinfectant action.

     2. Treatment of natural mineral waters and spring waters with ozone-enriched air shall not  - 

(a) modify the physico-chemical composition of the water in terms of its characteristic constituents;

(b) leave residues in the water which could pose a risk to public health, or, in the case of the substances listed below, above the levels specified:



Treatment residue	Maximum limit (µg/l)
Dissolved ozone	50
Bromate	3
Bromoforms	1

     3. A person seeking to have a process of treatment with ozone-enriched air authorised shall  - 

(a) make application in writing to the relevant authority within whose area the water is extracted;

(b) permit representatives of that authority to examine the proposed method of treatment, and place of treatment, and take samples for analysis in accordance with regulation 14;

(c) provide such information in support of the application as is requested by the relevant authority.

     4. The relevant authority shall assess the application and any information in its possession and shall authorise the treatment process, if it is satisfied that  - 

(a) the treatment process is justified by the composition of the water at source;

(b) the person carrying out the treatment is taking all necessary measures to ensure that the treatment is effective and safe;

(c) the treatment process otherwise complies with paragraphs 1 and 2 of this Schedule.

     5.

(a) Where the relevant authority decides to authorise a treatment process pursuant to paragraph 4 above, it shall inform the operator of the treatment process in writing, and state the date on which the authorisation for commercial use of the process begins.

(b) Where the relevant authority refuses to authorise a treatment process pursuant to paragraph 4 above, it shall inform the operator of the treatment process in writing, stating its reasons.

     6. Where a treatment process has been authorised pursuant to paragraph 4 above, the person carrying out the treatment process must continue to allow periodic examination of the treatment process by the relevant authority by the methods in paragraph 3(b) and (c), for the purpose of assessing whether the conditions in paragraph 4(a) and (b) continue to be satisfied.

     7. If the relevant authority is satisfied that the conditions in paragraph 4 above are no longer fulfilled, it may withdraw its authorisation of a treatment process by giving the person operating that process a written notice stating the grounds for withdrawal.

     8.

(a) Where the relevant authority decides either not to grant or to withdraw authorisation of a treatment process under paragraph 5(b) or paragraph 7 above, the person who wishes to carry out the treatment process may apply to the Agency for a review of that decision.

(b) Upon receiving the application for review the Agency shall make such inquiry into the matter as may seem to the Agency to be appropriate, and having considered the results of that enquiry and any relevant facts elicited by it, shall either confirm the decision or direct the relevant authority to grant or restore, as appropriate, authorisation of the treatment process in operation. In the case of such a direction the relevant authority shall thereupon comply with the said direction.

(a) three times the relative standard deviation within a batch of a natural sample containing a low concentration of the constituent; or

(b) five times the relative standard deviation within a batch of a virgin sample.

     7. The method used to detect cyanide must be such that it is possible to determine total cyanide in all its forms.

(a) prescribe a definition of authorised ozone-enriched air oxidation technique (regulation 3 and the Schedule);

(b) allow, for the first time, treatment of natural mineral waters with an authorised ozone-enriched air oxidation technique (regulation 4);

(c) set maximum limits for certain naturally-occurring substances in natural mineral water and standards for methods used to detect these substances (regulation 5 and the Schedule);

(d) provide for a defence for products produced in other EEA States which do not yet conform to the limits, where the EEA State concerned has not yet implemented those limits and the deadline for implementation has not yet passed (regulation 5);

(e) prohibit the treatment of natural mineral water with unauthorised ozone-enriched air oxidation techniques (regulation 6);

(f) provide for an appropriate form of labelling indication on natural mineral water where it has undergone an authorised treatment with ozone-enriched air or where it contains a high level of fluoride (regulation 7);

(g) prohibit the sale of natural mineral water without the applicable labelling indications (which will become an offence by virtue of the operation of regulation 17 of the principal Regulations the penalty for which is specified by regulation 17 of the principal Regulations as being a fine not exceeding level 5 on the standard scale) (regulation 8);

(h) provide for an appropriate labelling indication where a spring water has undergone an authorised ozone-enriched air oxidation technique and prohibit its sale without that labelling indication (which will become an offence by virtue of the operation of regulation 11(5) of the principal Regulations, the penalty for which is specified by regulation 17 of the principal Regulations as being a fine not exceeding level 5 on the standard scale) (regulation 9);

(i) prohibit bottling or sale of water described as spring water if treated with an unauthorised ozone-enriched air oxidation treatment (regulation 10);

(j) create offences in relation to the prohibitions mentioned in paragraphs (c), (e) and (i) above (subject to penalties provided for in the principal Regulations as being a fine not exceeding level 5 on the standard scale) (regulation 11);

(k) introduce a transitional defence to allow the use of stock products bottled and labelled before 1st July 2004, where the product would otherwise be legal under existing law (regulation 12);

(l) provide that the maximum limits in the new Schedule 6 to be added to the principal Regulations shall be the relevant limits for recognition of a natural mineral water, replacing the limits in Schedule 3 to the principal Regulations for this purpose (regulation 13);

(m) insert a new Schedule 5 into the principal Regulations, which sets down  - 


(i) conditions to be satisfied before an ozone-enriched air oxidation technique can be authorised;

(ii) a process for obtaining a written authorisation for a treatment from a district council or London Borough;

(iii) a requirement to allow officers of the relevant authority to conduct periodic examinations of the process in order to check that the treatment continues to be necessary and is effective and safe;

(iv) the ability of an authority to withdraw authorisation by means of a written notice if conditions are not observed;

(v) a mechanism for applying to the Food Standards Agency for review of an authority's decision not to grant or to withdraw authorisation (regulation14, Schedule);



(n) insert a new Schedule 6 into the principal Regulations, setting down maximum limits for certain naturally-occurring substances in natural mineral water (regulation 14, Schedule);

(o) insert a new Schedule 7 containing standards for scientific methods used to detect the substances specified in Schedule 6 (regulation 14, Schedule);

(p) make consequential amendments to the Food Safety (Sampling and Qualification) Regulations 1990 and the Food Safety (General Food Hygiene) Regulations 1995 to bring up to date references to the principal Regulations (regulation 15).

A full Regulatory Impact Assessment has been prepared and placed in the Library of each House of Parliament, together with a Transposition Note setting out how the main elements of the European legislation referred to above are transposed in these Regulations. Copies may be obtained from the Food Labelling and Standards Division of the Food Standards Agency, Aviation House, 125 Kingsway, London WC2B 6NH.