Consultation on the Natural Mineral Water, Spring Water and Bottled Drinking Water (Scotland) (Amendment) Regulations 2010

On 1 October 2009 the European Standing Committee on Food Chain and Animal Health voted through a European Commission regulation setting conditions for using activated alumina to remove fluoride from natural mineral water and spring water. Some changes to the Natural Mineral Water, Spring Water and Bottled Drinking Water (Scotland) Regulations 2007 (No.2) (SSI 483) (as amended) will be necessary to ensure that the necessary enforcement powers are in place. A draft S.S.I is included in Annexe B, as is the Commission Regulation itself in Annexe C.

The draft SSI being consulted on has been amended to take into account a Reasoned Opinion issued by the European Commission on the UK implementation of Council Directive 98/83/EC on the quality of water intended for human consumption. The S.S.I. has been updated and the closing date for responses extended to Wednesday 10 February 2010.

The European Commission has identified a number of areas where it considers that national transposing legislation in the UK is not in full compliance with the requirements of Council Directive 98/83/EC. One of these is that the Commission believe that the requirements of Articles 7(1), 7 (2), 7(3) and 7(6) and more specifically Annex II, Table B2 of Council Directive 98/83/EC have not been correctly transposed in Scotland by The Natural Mineral Water, Spring Water and Bottled Drinking Water (Scotland) Regulations 2007 (as amended). Table B2 lists the minimum frequency of sampling and analysis for water put into bottles or containers intended for sale.

The UK replied to the Commission on this issue in June 2006 indicating that there is reference in the bottled water regulations (currently regulation 16) to the need for each food authority to take the steps required in respect of compliance with Articles 7(1), 7(2), 7(3) and 7(6) of Council Directive 98/83/EC. However, the Commission remains of the opinion that this simple cross referral to the provisions of Council Directive 98/83/EC does not provide for adequate and sufficiently precise transposition of Council Directive 98/83/EC.

We have therefore revised the draft SSI issued with the consultation to set conditions for using activated alumina to remove fluoride from natural mineral waters and spring waters. This revised draft amending SSI is attached. This now reproduces the requirements of Articles 7(1), 7(2), 7(3), 7(6), and Table B2 of Council Directive 98/83/EC, and the resulting changes to the SSI are highlighted.

Key proposals:

• Enforcement Provisions for a European Commission Regulation setting conditions for using activated alumina to remove fluoride from natural mineral water and spring water.
• Reproducing sampling and monitoring frequencies contained within Council Directive 98/83/EC rather than cross referring them to (SSI 483).

This will be the sole consultation on this draft S.S.I. Comments received will be published online, along with the FSA response. The final version of the SSI will then be implemented into Scots law.

It is understood that Scottish natural mineral waters and spring waters producers do not need to use this treatment, so no significant impact on stakeholders is expected from this legislation. As such, no Regulatory Impact Assessment has been prepared for this draft Scottish Statutory Instrument.

We do not believe that the draft SSI will create any significant costs or benefits to businesseses, as it will not require enforcement authorities to carry out additional duties to those currently required by Regulation 16 of the Natural Mineral Water, Spring Water and Bottled Drinking Water (Scotland) Regulations 2007 (SSI 483). However if you think that these changes will result in any significant costs or benefits to businesses, please let us know.

Questions asked in this consultation:

1. Do you have any comments on the draft Scottish Statutory Instrument?
2. Does this regulation impose any further burdens on your business?

• The Natural Mineral Water, Spring Water and Bottled Drinking Water (Scotland) (No.2) Regulations 2007 No. 483
• The Natural Mineral Water, Spring Water and Bottled Drinking Water (Scotland) Amendment Regulations 2009 No.273
• Council Directive 98/83/EC

Responses are required by close 10 February 2010. Please state, in your response, whether you are responding as a private individual or on behalf of an organisation/company (including details of any stakeholders your organisation represents). Similar legislation will be introduced in England, Wales and Northern Ireland.

This consultation has been prepared in accordance with the HM Government Code of Practice on Consultation, which states that a consultation must follow better regulation best practice, including carrying out an Impact Assessment (Regulatory Impact Assessment in Scotland). The assessment is included in the consultation documents.

We are interested in what you thought of this consultation and would therefore welcome your general feedback on both the consultation package and overall consultation process. If you would like to assist us to improve the quality of future consultations, please feel free to share your thoughts with us by using the consultation feedback questionnaire.

Consultation feedback questionnaire (Word)

Consultation feedback questionnaire (pdf)

In accordance with the FSA principle of openness our Information Centre at Aviation House will hold a copy of the completed consultation. Responses will be open to public access upon request. The FSA will also publish a summary of responses, which may include personal data, such as your full name and contact address details. If you do not want this information to be released, please complete and return the Publication of Personal Data Form. Return of this form does not mean that we will treat your response to the consultation as confidential, just your personal data.

Data protection form (Word)

Data protection form (pdf)

Within three months of a consultation ending we aim to publish a summary of responses received and provide a link to it from this page.

If, after three months, the summary is still not showing, please contact the person who was responsible for the original consultation. Alternatively, you can contact the FSA Consultation Co-ordinator by email: consultationcoordinator@foodstandards.gsi.gov.uk