What does Bottled Water Regulation in the UK look like?

Julia CarterRegulatory Affairs Manager, AG Barr plc

8 November 2018

Natural Mineral Water and Spring Water – EU regulation

● Directive 2009/54/EC regulates the marketing and exploitation of natural mineral waters. Certain provisions of this Directive are also applicable to spring waters such as the microbiological requirements and labelling requirements.

● Commission Directive 2003/40/EC establishes 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.

● Commission Regulation (EU) No 115/2010 lays down the conditions for use of activated alumina for the removal of fluoride from natural mineral waters and spring waters

Types of Water

● Natural mineral water - microbiologically wholesome water from an underground source, with characteristic composition and original purity, protected from all risk of pollution. Stable within natural fluctuation limits.

● Spring water – as above, but the composition is not required to be stable.

● Bottled water, or Table water – obtained from a variety of sources, including municipal.

Natural Mineral Water – Recognition, Exploitation, Transport

• National authorities must have a system of recognition for natural mineral water

• Lists of recognised trade descriptions are published in the Official Journal of the EU. https://ec.europa.eu/food/sites/food/files/safety/docs/labelling-nutrition_mineral-waters_list_eu-recognised.pdf

• Conditions are prescribed for exploitation. Equipment must be installed to avoid any possible contamination and to preserve the properties which the water possessed at source.

• Prohibition on transport (in containers other than those authorised for distribution to the ultimate consumer) is not applicable to natural mineral waters that were transported prior to 17 July 1980 or 13 December 1996 for spring water.

Natural Mineral Water – Authorised Treatments

The following treatments are permitted:

– separation of unstable elements such as iron and sulphur compounds by filtration or decanting

– separation of iron, manganese and sulphur compounds and arsenic by treatment with ozone- enriched air or

– separation of other undesirable constituents - so long as the essential constituents of the water are not altered by any of these.

Only carbon dioxide can be added under specified conditions.

Any disinfection treatment by whatever means and the addition of bacteriostatic elements or any other treatment likely to change the viable colony count is prohibited.

Natural Mineral Water – Microbiological Standards

• Microbiological standards - for the source and during marketing.

• May not contain any organoleptic defects.

• Any containers for packaging must have closures designed to avoid any possibility of adulteration or contamination.

Natural Mineral Water - Labelling● Sales descriptions: natural mineral water, carbonated natural

mineral water, naturally carbonated natural mineral water, natural mineral water fortified with gas from the spring.

● Labels must also state:· details of the water’s analytical composition· the name and place of the spring · information on any treatment the water has undergone.

• Trade descriptions may only include the name of a locality, hamlet or place if that is where the spring is exploited.

• Only one trade description can be used per spring.

• If the trade description is different to the name of the spring or its place of exploitation, then the latter must be given in letters 1.5 x height and width of the largest letters used for the trade description.

Natural Mineral Water – Labelling Claims● Prohibition on labelling or advertising drinking water so that it

could be confused with natural mineral water, (e.g. ‘mineral water’)

● Certain claims meeting specified conditions may be made e.g.:- rich in mineral salts- contains iron- suitable for a low-sodium diet, etc.

● Prohibition on reference to properties of prevention, treatment or curing of illness.

● Member States may authorise:‘stimulates digestion’‘may facilitate the hepato-biliary functions’ or similar.

● Special indications for the feeding of infants may also be adopted by Member States.

Spring Water - Labelling

● The analytical composition need not be included.

● Any approved treatments must also be indicated.

● Spring water must meet the provisions regarding the chemical criteria from the Drinking Water Directive.

The future for 2009/54

• Filing of a submission to the REFIT Platform by EFBW – May 2018

https://ec.europa.eu/info/law/better-regulation/lighten-load/suggestions/S238084_en

• Areas identified for revision:

- ‘original purity’- source protection- removal of undesirable elements- filtration techniques- microbiology- one source/one brand- nutrition and health claims

EnglandNMW, Spring and Bottled Water (England) Regulations 2007, SI 2785

NMW, Spring and Bottled Water (England) (Amendment) Regulations 2009, SI 1598

NMW, Spring and Bottled Water (England) (Amendment) Regulations 2010, SI 433

NMW, Spring and Bottled Water (England) (Amendment) (No.2) Regulations 2010, SI 896

NMW, Spring and Bottled Water (England) (Amendment) Regulations 2011, SI 451

NMW, Spring and Bottled Water (England) (Amendment) Regulations 2018 SI 352

Scotland

NMW, Spring and Bottled Water (Scotland) Regulations 2007 No. 435NMW, Spring and Bottled Water (Scotland) No 2 Regulations 2007 No. 483NMW, Spring and Bottled Water (Scotland) Amendment Regulations 2009 No. 273NMW, Spring and Bottled Water (Scotland) Amendment Regulations 2010 No. 89NMW, Spring and Bottled Water (Scotland) Amendment No 2 Regulations 2010 No. 217 – correctionNMW, Spring and Bottled Water (Scotland) Amendment Regulations 2011 No. 94NMW, Spring and Bottled Water (Scotland) Amendment Regulations 2015 No. 363NMW, Spring and Bottled Water (Scotland) Amendment Regulations 2015 No. 363 - correctionNMW, Spring and Bottled Water (Scotland) Amendment Regulations 2017 No 287

Wales

NMW, Spring and Bottled Water (Wales) Regulations 2015, No 1867 (W.274)NMW, Spring and Bottled Water (Amendment) Regulations (Wales) 2017 No 935 (W.229)

Northern IrelandNMW, Spring and Bottled Water (Northern Ireland) Regulations 2015, No 365NMW, Spring and Bottled Water (Amendment) Regulations (Northern Ireland) 2017 No. 201

Treatment permitted for Spring Water

England – some treatments, e.g. UV or micro-filtration, are allowed.

(Source: FSA Guidance on Bottled Water regulations, 2010, section 40.1)

Wales, Northern Ireland – no treatment other than specified in the regulations is allowed and any treatment that reduces the viable colony count is prohibited. This includes use of UV.

(Source: FSA Guidance for Wales and NI, 23 October 2017)

Scotland – no regulatory prohibition on disinfection treatments.

Calcium content

Scotland - water which has been softened or desalinated must contain minimum 60 mg/l calcium.

England, Wales, Northern Ireland - the requirement for minimum calcium content has been removed.

Drinking Water Directive

Council Directive 98/83/EC of 3 November 1998 on the quality of water intended for human consumption

Applies to:● drinking water from tankers, in bottles or containers ● water used in food-processing.

Does not apply to:● natural mineral waters● waters which are medicinal products for human use.

Spring water must meet the provisions regarding chemical criteria of the Drinking Water Directive.

Drinking Water Directive – proposal to amend

● Updates existing safety standards in line with WHO● Empowers authorities to better deal with risks to water

supply and engage with polluters.● Gives consumers information on the efficiency and

effectiveness of water suppliers.● Contributes to the transition to a circular economy. ● Responds to the European Citizens' Initiative ‘Right2Water’

– an obligation for EU countries to improve access to safe drinking water for all and to ensure access for vulnerable and marginalised groups.

New parameters:

• Beta-estradiol (50-28-2) • Bisphenol A• Chlorate• Chlorite• Haloacetic acids (HAAs)• Heterotrophic plate counts @22oC• Microcystin - LR• Nonylphenol• PFA's (per- and polyfluoroalkyl substances)