UK Offence Report

The Natural Mineral Water, Spring Water and Bottled Drinking Water (Scotland) Amendment Regulations 2010

Scottish Statutory Instrument 2010 No. 89 — creates 2 criminal offences.

2offences created
0recorded in force
0revoked
Made
4 March 2010
In force from
9 April 2010
Extent
Not stated
Subject
Food, consumer protection, trading standards, product safety and age-restricted sales
Made under
(EC) No. 178/2002, Schedule 1 to, the Food Safety Act 1990

Explanatory note

(This note is not part of the Order) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

These Regulations amend the Natural Mineral Water, Spring Water and Bottled Drinking Water (Scotland) (No. 2) Regulations 2007 so as to— a provide for the execution and enforcement of Commission Regulation (EU) No. 115/2010 laying down the conditions for use of activated alumina for the removal of fluoride from natural mineral waters and spring waters; and b implement Article 7.1 to 3 and 6 of Council Directive 98/83/EC relating to the quality of water intended for human consumption. These Regulations amend the Natural Mineral Water, Spring Water and Bottled Drinking Water (Scotland) (No. 2) Regulations 2007 by— a inserting definitions of “authorised activated alumina treatment” and “Regulation 115/2010” into paragraph (1) of regulation 2 (interpretation) (regulation 3); b substituting a revised version of paragraph (1) of regulation 6 (treatment and additions for natural mineral water) in order to add authorised activated alumina treatments to the list of treatments to which natural mineral water in its state at source may lawfully be subjected (regulation 4); c inserting a paragraph to regulation 10 (bottling of spring water and exploitation of spring water springs) prohibiting the bottling of water which has been treated with activated alumina for removal of fluoride in a bottle marked or labelled “spring water” unless the treatment is an authorised activated alumina treatment (regulation 5); d amending regulation 16 (enforcement) in order to— i require food authorities to carry out periodic checks on authorised activated alumina treatments which they have authorised in accordance with new Schedule 1A, to ensure that the requirements of that Schedule continue to be satisfied; ii require food authorities to carry out regular monitoring of the quality of bottled drinking water and spring water to check specified matters; iii in order to comply with that requirement, require food authorities to— aa carry out regular check monitoring in relation to the parameters, properties, elements, substances and organisms set out in new Schedule 10; and bb carry out audit monitoring in relation to any parameter and the properties, elements, substances and organisms set out in new Schedule 9; iv for the purposes of that requirement, require food authorities to carry out sampling and analysis in accordance with the relevant minimum frequencies set out in new Schedule 11; v require food authorities to carry out additional monitoring in relation to any property, element, substance or organism which is neither a parameter nor a property, element, substance or organism set out in new Schedule 9 if they have reason to suspect that it may be present in the water concerned in an amount or number which constitutes a potential danger to human health; and vi require the checks and monitoring referred to in divisions (ii) to (v) of this sub-paragraph to be carried out using samples representative of the quality of the water concerned consumed throughout the year in which the samples are taken (regulation6); e substituting a revised regulation 20 (offences and penalties) in order to make it an offence to fail to comply with specified provisions of Commission Regulation (EU) No. 115/2010 or to carry out an authorised activated alumina treatment that has a disinfectant action (regulation 7); and f insert new Schedules 1A, 9, 10 and 11 (regulations 8 and 9). No Regulatory Impact Assessment has been prepared for this instrument as it has no impact on the costs of business.

Offences created by this instrument

What Parliament said about it

Hansard was searched for this instrument by name and returned nothing. That is the ordinary outcome: an instrument laid under the negative procedure is usually never debated, and becomes law without a word said about it in either House.

How Parliament handled it

Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.

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