Natural Mineral Waters Regulations 1988

Food and Drugs NATURAL MINERAL WATERS REGULATIONS, 1988 © Government of Gibraltar (www.gibraltarlaws.gov.gi) 1964-07 Subsidiary 1988/019 Regulations made under section 4 of European Communities Act, 1972. NATURAL MINERAL WATERS REGULATIONS, 1988 (LN. 1988/019) 1.3.1988 Amending enactments Relevant current provisions Commencement date 1988/035 regs. 2 and 4 1.3.1988 1992/142 reg. 1 1.3.1988 Food and Drugs NATURAL MINERAL WATERS REGULATIONS, 1988 © Government of Gibraltar (www.gibraltarlaws.gov.gi) 1964-07 Subsidiary 1988/019 ARRANGEMENT OF REGULATIONS. Regulation 1. Title and Commencement. 2. Interpretation. 3. Exemptions. 4. Recognition as natural mineral water. 5. Authorised treatments. 6. Microbiological criteria. 7. Toxic substances. 8. Organoleptic defect. 9. Bottles. 10. Labelling. 11. Commercial designation. 12. Restrictions on labelling and advertising. 13. Periodic checks. 14. Powers of authorised officers. 15. Confidentiality. 16. Analysis, examination and testing. 17. Samples taken for analysis. 18. Powers of court to require analysis etc., by Government Chemist in UK. 19. Obstruction. 20. Offences by corporations. 21. Penalties. 22. Protection for authorised officers acting in good faith. 23. Offences due to fault of another person. 24. Defence of due diligence. 25. Conditions under warranty may be pleaded as defence. SCHEDULE 1 SCHEDULE 2 SCHEDULE 3 SCHEDULE 4 Food and Drugs NATURAL MINERAL WATERS REGULATIONS, 1988 © Government of Gibraltar (www.gibraltarlaws.gov.gi) 1964-07 Subsidiary 1988/019 PART I. PRELIMINARY. Title and Commencement. 1. These regulations may be cited as the Natural Mineral Waters Regulations 1988 and shall come into operation on such day as the Governor may, by notice in the Gazette, appoint. Interpretation. 2. In these regulations, unless the context otherwise requires “authorised officer” means an authorised officer of the Government and for the purposes of these regulations has the meaning otherwise assigned to it by section 31 of the Food and Drugs Act but does not include the Chief Environmental Officer; “bottle” means a sealed container of any kind in which water is sold to the ultimate consumer, and ‘bottled’ and ‘bottling’ shall be construed accordingly; “carbonated natural mineral water” means an effervescent natural mineral water whose carbon dioxide content derives at least in part from an origin other than the ground water body or deposit from which the water comes; “commercial designation” means the name under which a natural mineral water is sold, and includes any brand name, trade mark or fancy name; “effervescent natural mineral water” means a natural mineral water which spontaneously and visibly gives off carbon dioxide under ambient conditions of temperature and pressure; “the Government” means the Government of Gibraltar; “natural mineral water” means water which originates in a ground water body or deposit and is extracted for human consumption from the ground through a spring, well, bore or other exit, and which is recognised for the purposes of these regulations in accordance with sub-regulation (1) or (2) of regulation 4; “natural mineral water fortified with gas from spring” means an effervescent natural mineral water whose carbon dioxide content derives from the same ground water body or deposit as the water and is greater than that established at source; Food and Drugs NATURAL MINERAL WATERS REGULATIONS, 1988 © Government of Gibraltar (www.gibraltarlaws.gov.gi) 1964-07 Subsidiary 1988/019 “naturally carbonated natural mineral water” means an effervescent natural mineral water whose carbon dioxide content is the same after decanting (if it is decanted) and bottling as it was at source, and includes a natural mineral water to which carbon dioxide from the same ground water body or deposit as the water has been added if the amount added does not exceed the amount previously released during decanting or bottling; “public analyst” has the meaning assigned to it by Section 32 of the Food and Drugs Act ; “sell” includes offer, expose or advertise for sale or have in possession for sale, and ‘sale’ and ‘sold’ shall be construed accordingly; “source” means any point of natural emergence or artificial abstraction of ground water; “ultimate consumer” means any person who buys otherwise than (a) for the purpose of resale, (b) for the purposes of a catering establishment, or (c) for the purposes of a manufacturing business. Exemptions. 3 (1) These regulations shall not apply to any natural mineral water which (a) is intended at the time of sale for export to any place outside the European Economic Community, (b) has a product licence issued under the provisions of the United Kingdom Medicines Act 1968, (c) is used at source for curative purposes in thermal or hydromineral establishments, or (d) is not intended for sale for human consumption. (2) Regulations 10, 11 and 12 and Schedule 2 shall not apply to any natural mineral water intended at the time of sale for export to any place within the European Economic Community. PART II-RECOGNITION AND EXPLOITATION OF NATURAL MINERAL WATERS. Food and Drugs NATURAL MINERAL WATERS REGULATIONS, 1988 © Government of Gibraltar (www.gibraltarlaws.gov.gi) 1964-07 Subsidiary 1988/019 Recognition as natural mineral water. 4. (1) No water originating in any member state of the European Economic Community shall be recognised as a natural mineral water for the purposes of these regulations unless it has been so designated by a responsible authority of that member state. (2) No water originating in a country outside the European Economic Community shall be recognised as a natural mineral water for the purposes of these regulations unless it has been so designated by a responsible authority of a member state of that Community or, in accordance with Schedule 1, by the Chief Environmental Health Officer. (3) The publication in the Official Journal of the European Communities of the name of any water as that of a recognised natural mineral water shall be conclusive evidence that that water has been so recognised. (4) If at any time after its recognition as a natural mineral water on being designated as such by the Chief Environmental Health Officer under paragraph (2) any water originating in a country outside the European Economic Community is found not to meet any one or more of the standards required for such recognition by Schedule I or any one or more of the requirements of Schedule 2 in connection with the exploitation of the water the Chief Environmental Health Officer, may withdraw that recognition until such time as the said standards or requirements are fully met, and during that period of withdrawal of recognition that water shall cease to be recognised as a natural mineral water for the purposes of these regulations. (5) Upon the grant or withdrawal of recognition of any water as a natural mineral water the Government, shall make arrangements for the Commission of the European Economic Community to be informed of such grant or withdrawal. Authorised treatments. 5. (1) Subject to paragraph (3) of this regulation, no person shall use any treatment, whether for disinfection or for any other purpose, in the processing of a natural mineral water, or add anything thereto, other than (a) filtration or decanting, preceded if necessary by oxygenation, provided that such treatment does not alter the composition of the water in respect of its stable constituents and is not intended to change its total viable colony count; (b) the total or partial elimination of carbon dioxide by exclusively physical methods; Food and Drugs NATURAL MINERAL WATERS REGULATIONS, 1988 © Government of Gibraltar (www.gibraltarlaws.gov.gi) 1964-07 Subsidiary 1988/019 (c) the addition of carbon dioxide, provided that the water is marked or labelled with the appropriate description in accordance with regulation 10. (2) Subject to paragraph (3) of this regulation, no person shall sell any natural mineral, water which has been subjected to any treatment other than those authorised by paragraph (1) of this regulation. (3) This regulation shall not prevent the utilisation of a natural mineral water in the manufacture of soft drinks or its sale for the purpose of such utilisation. Microbiological criteria. 6. (1) No person shall sell any natural mineral water which fails to meet the criteria provided in this regulation. (2) At source, the total viable colony count shall conform to the water’s normal viable colony count and give satisfactory evidence of the protection of that source against all contamination. The total viable colony count shall be measured on agar-agar or an agargelatine mixture at 20°-22°C in 72 hours and at 37°C in 24 hours on agar-agar. (3) After bottling, the total viable colony shall not exceed l00per ml at 20°C-22°C in 72 hours on agar-agar or an agar-gelatine mixture and 20 per ml at 37°C in 24 hours on agar-agar. The total viable colony count shall be measured within the 12 hours after bottling, the water being maintained at 4°C ± 1°C during this period. Thereafter, up to and including the point of sale, the total viable colony count shall be no more than that which results from the normal increase in the bacterial content which the water had at source. (4) At source and thereafter, up to and including the point of sale, a natural mineral water shall be free from (a) parasites and pathogenic micro-organisms; (b) Escherichia coli and other coliforms and faecal streptococci in any 250 ml sample examined; (c) sporulated sulphite-reducing anaerobes in any 250 ml sample examined; (d) Pseudomonas aeruginosa in any 250 ml sample examined. Toxic substances. Food and Drugs NATURAL MINERAL WATERS REGULATIONS, 1988 © Government of Gibraltar (www.gibraltarlaws.gov.gi) 1964-07 Subsidiary 1988/019 7 No person shall sell any natural mineral water which contains any substance named in column I of the table in paragraph 2(d) of Schedule 1 in excess of the permitted amount specified in relation to that substance in column 3 of that table or contains any substance in an amount which makes that water unwholesome. Organoleptic defect. 8. No person shall sell any natural mineral water which has any organoleptic defect. Bottles. 9. No person shall sell any natural mineral water in any bottle unless that bottle (a) is the same one into which the water was originally put by the exploiter; (b) was fitted at the time of filling with closures designed to avoid any possibility of adulteration or contamination; and (c) is still fitted with the intact original closures. PART III. LABELLING AND ADVERTISING. Labelling. 10.(1) Every natural mineral water bottled for sale shall be marked or labelled with the following particular (a) in the case of a non-effervescent natural mineral water, the description ‘natural mineral water’, (b) in the case of an effervescent natural mineral water, one of the descriptions ‘naturally carbonated natural mineral water’, natural mineral water fortified with gas from the spring’ or carbonated natural mineral water’, as appropriate. (c) where the natural mineral water has been subjected to the total or partial elimination of free carbon dioxide in accordance with regulation 5(l)(b), the term ‘fully de-carbonated’ or partially de-carbonated’, as appropriate, (d) the name of the place where the source is exploited, and the name of the spring, well or borehole, Food and Drugs NATURAL MINERAL WATERS REGULATIONS, 1988 © Government of Gibraltar (www.gibraltarlaws.gov.gi) 1964-07 Subsidiary 1988/019 (e) either the words composition in accordance with the results of the officially recognised analysis of (giving the date of the analysis), or a statement of the analytical composition of the water, including details of its characteristic constituents. (2) Such particulars shall be readily visible, clearly legible and indelible. (3) No person shall sell a natural mineral water which is not marked or labelled in accordance with this regulation. Commercial designation. 11.(1) The name of a locality, hamlet or other place shall not be used in the commercial designation of a natural mineral water unless (a) it is the name of the locality, hamlet or other place where the source from which the water originates is exploited, and (b) it is not used in such a context as to mislead potential purchasers with respect to the place where the source is exploited. (2) No person shall sell a natural mineral water in the labelling of which. or in the advertising of which, as the case may be a name has been used in contravention of paragraph (1) of this regulation. (3) Subject to paragraph (4) of this regulation, no person shall sell a natural mineral water taken from any one source under more than one commercial designation. (4) For the purposes of paragraph (3) of this regulation a commercial designation which differs from another only by virtue of a brand name, trade mark or fancy name shall be deemed to he the same as that other commercial designation. (5) No person shall (a) sell a natural mineral water in a bottle labelled or marked with a commercial designation, or (b) advertise a natural mineral water under a commercial designation, unless the name of the source from which the water is taken or that of the place where the source is exploited appears on the label or on the bottle, or, as the case may be, in the advertisement, in letters at least one and a half times the Food and Drugs NATURAL MINERAL WATERS REGULATIONS, 1988 © Government of Gibraltar (www.gibraltarlaws.gov.gi) 1964-07 Subsidiary 1988/019 height and width of the largest of the letters used for any other part of the commercial designation. Restrictions on labelling and advertising. 12.(1) No description, designation, proprietary name, trade mark, brand name, illustration or other sign, whether emblematic or not, shall be used in the labelling or advertising of a natural mineral water which suggests a characteristic which the water does not possess. (2) Subject to paragraph (3) of this regulation, no indication attributing properties relating to the prevention, treatment or cure of a human disease shall be used in the labelling or advertising of a natural mineral water. (3) Paragraph (2) of this regulation shall not prevent the use of an indication specified in column 1 of Schedule 3, if the corresponding condition appearing in column 2 of the said Schedule is satisfied. (4) No description, designation, proprietary name, trade mark, brand name, illustration or other sign, whether emblematic or not, shall be used in the labelling or advertising of a bottled drinking water which is not recognised as a natural mineral water if that water is thereby made likely to be confused with a water which is so recognised. (5) No person shall advertise or sell any natural mineral water or bottled drinking water the labelling of which contravenes this regulation. PART IV. ADMINISTRATION AND ENFORCEMENT. Periodic checks. 13.The Chief Environmental Health Officer shall carry out periodic checks to ascertain whether any water which he has recognised as a natural mineral water for the purposes of these regulations is still suitable for such recognition. Powers of authorised officers. 14.An authorised officer may at all reasonable hours and on producing, if so required, some duly authenticated document showing his authority, exercise the following powers: (a) He may, for the purpose of ascertaining whether any offence under these regulations has been or is being committed, inspect any articles and enter Food and Drugs NATURAL MINERAL WATERS REGULATIONS, 1988 © Government of Gibraltar (www.gibraltarlaws.gov.gi) 1964-07 Subsidiary 1988/019 (i) any premises, other than premises used only as a dwelling, or (ii) any ship, aircraft, hovercraft or vehicle. (b) If he has reasonable cause to suspect that an offence under these regulations has been or is being committed he may require any person carrying on a trade or business, or employed therein, to produce any books or documents relating to that trade or business, and he may take copies of any such book or document, or of any entry therein. (c) He may, for the purpose of ascertaining whether any offence under these regulations has been committed, purchase or take samples of any water or article to which these regulations apply. Confidentiality 15.No information obtained from any books or documents produced in accordance with regulation 14(b) shall, without the previous consent in writing of the person carrying on the trade or business in question, be disclosed except for the purpose of any proceedings for an offence against any of these regulations or any report of those proceedings. Analysis, examination and testing. 16.(1) If an authorised officer who has procured a sample of any water or article to which these regulations apply considers that it should be analysed, examined or tested, he shall submit such sample to be analysed, examined or tested as the case may be by the public analyst. (2) The public analyst shall analyse, examine or test, or have analysed, examined or tested, as soon as practicable any sample submitted to him in pursuance of this regulation. (3) A public analyst who has analysed, examined or tested a sample shall give to the person by whom it was submitted a certificate specifying the result of the analysis, examination or test. (4) Any certificate of the results of an analysis, examination or test given by a public analyst in pursuance of this regulation shall be signed by the public analyst, but the analysis, examination or test may be made by any person acting under the direction of the public analyst. (5) In any proceedings for an offence under these regulations the production by one of the parties of a document purporting to be a certificate under paragraph (3) of this regulation, or of a document supplied to him by Food and Drugs NATURAL MINERAL WATERS REGULATIONS, 1988 © Government of Gibraltar (www.gibraltarlaws.gov.gi) 1964-07 Subsidiary 1988/019 the other party as being a copy of such a certificate, shall be sufficient evidence of the facts stated therein, unless, in the first-mentioned case, the other party requires that the public analyst or a person who has acted under his direction be called as a witness. (6) In any such proceedings, if a person charged intends to produce a certificate of a public analyst, or under paragraph (5) of this regulation to require the calling of a witness, notice of his intention, together, in the first mentioned case, with a copy of the certificate, shall be given to the prosecutor at least three clear days before the hearing, and, if this requirement is not complied with, the court may, if it thinks fit, adjourn the hearing on such terms as it thinks proper. Samples taken for analysis. 17.(1) An authorised officer who purchases or takes a sample of any water or article for the purpose of analysis by the public analyst shall deal with the sample in accordance with this regulation. (2) The authorised officer shall forthwith divide the sample into three parts, each part to be marked and sealed or fastened up in such manner as its nature will permit, and shall (a) with respect to one part of the sample comply with paragraphs (3) to (6) below, and (b) deal with the remaining parts in accordance with paragraph (7) below. (3) If the sample was purchased by the authorised officer, he shall give the part of the sample to the vendor. (4) If the sample is of a water or article consigned from outside Gibraltar and was taken by the authorised officer before delivery to the consignee, the officer shall give the part of the sample to the consignee. (5) If neither paragraph (3) nor paragraph (4) above applies, the authorised officer shall give the part of the sample to the person appearing to be the owner of the water or article of which the sample was taken. (6) In every case to which paragraphs (3) to (5) above apply the authorised officer shall inform the person to whom the part of the sample is given that the sample was purchased or taken for the purpose of analysis by the public analyst. (7) Of the remaining parts of the sample, the authorised officer shall, unless he decides not to have an analysis made, submit one for analysis in accordance with regulation 16 and retain the other for future comparison. Food and Drugs NATURAL MINERAL WATERS REGULATIONS, 1988 © Government of Gibraltar (www.gibraltarlaws.gov.gi) 1964-07 Subsidiary 1988/019 (8) Any part of a sample which under this regulation is to be given to any person may be given by delivering it to him or to his agent or by sending it to him by registered post or the recorded delivery service; but where after reasonable inquiry the authorised officer is unable to ascertain the name and address of the person to whom the part of the sample is to be given he may, in lieu of giving the part to that person, retain it. (9) Where a sample taken or purchased by an authorised officer has been analysed by the public analyst, any person to whom a part of the sample was given under this regulation shall be entitled, on payment to Government of a fee of 5p, to be supplied with a copy of the certificate given by the public analyst under regulation 16(3). Powers of court to require analysis etc., by Government Chemist in UK. 18.(1) The court before which any proceedings are brought for an offence under these regulations may, if it thinks fit for the purposes of the proceedings, cause any water or article which is the subject of the proceedings and, if it has already been analysed, examined or tested, is capable of being further analysed, examined or tested, to be sent to the Government Chemist in the United Kingdom, who shall make such analysis, examination or test as is appropriate and transmit to the court a certificate of the result thereof, and the costs of analysis, examination or test shall be paid by the prosecutor or the person charged as the court may order. (2) If in a case in which an appeal is brought no action has been taken under paragraph (1) of this regulation, the provisions thereof shall apply in relation to the court by which the appeal is heard. (3) Any certificate of the results of an analysis, examination or test transmitted by the Government Chemist under these regulations shall be signed by or on behalf of the Government Chemist, but the analysis, examination or test may be made by any person under the direction of the person by whom the certificate is signed; and any certificate so transmitted by the Government Chemist shall be evidence of the facts stated therein unless any party to the proceedings requires that the person by whom it is signed or a person acting under his direction be called as a witness. PART V. OFFENCES AND LEGAL PROCEEDINGS. Obstruction. 19.No person shall Food and Drugs NATURAL MINERAL WATERS REGULATIONS, 1988 © Government of Gibraltar (www.gibraltarlaws.gov.gi) 1964-07 Subsidiary 1988/019 (a) intentionally obstruct an authorised officer acting in execution of these regulations, or (b) without reasonable excuse fail to give to any such authorised officer any assistance or information or to provide such facilities as he may reasonablv require of him for the purposes of his functions under these regulations. Offences by corporations. 20.Where an offence under these regulations committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person purporting to act in any such capacity, he as well as the body corporate shall be deemed to be guilty of the offence. Penalties. 21.If any person contravenes or fails to comply with any of the provisions of these regulations he shall be guilty of an offence, and liable on summary conviction to a fine not exceeding £400. Protection for authorised officers acting in good faith. 22.(1) An authorised officer shall not be personally liable in respect of any act done by him in the execution or purported execution of these regulations and within the scope of his employment, if he did that act in the honest belief that his duty under these regulations required or entitled him to do it; but nothing in this paragraph shall be construed as relieving the Government from any liability in respect of acts of its officers. (2) Where an action has been brought against an authorised officer in respect of an act done by him in the execution or purported execution of these regulations and the circumstances are such that he is not legally entitled to require the Government to indemnify him, the Government may, nevertheless, indemnify him against the whole or a part of any damages and costs which he may have been ordered to pay or which he may have incurred, if they are satisfied that he honestly believed that the act complained of was within the scope of his employment and that his duty under these regulations required or entitled him to do it. (3) For the purposes of this regulation, the public analyst shall be treated as being an authorised officer. Offences due to fault of another person. Food and Drugs NATURAL MINERAL WATERS REGULATIONS, 1988 © Government of Gibraltar (www.gibraltarlaws.gov.gi) 1964-07 Subsidiary 1988/019 23.Where the commission by any person of an offence under these regulations is due to the act or default of some other person that other person shall be guilty of the offence, and a person may be charged with and convicted of the offence by virtue of this regulation whether or not proceedings are brought against the first-mentioned person. Defence of due diligence. 24.(1) In any proceedings for an offence under these regulations it shall be a defence for the person charged to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence. (2) If in any case the defence provided by the last foregoing paragraph involves the allegation that the commission of the offence was due to the act or default of another person, the person charged shall not, without leave of the court, be entitled to rely on that defence unless, within a period ending seven clear days before the hearing, he has served on the prosecutor a notice in writing giving such information to identify or assist in identifying that other person as was then in his possession. Conditions under warranty may be pleaded as defence. 25.(1) In any proceedings for an offence under these regulations, being an offence consisting of selling (within the meaning of regulation 2) any water to which these regulations apply, it shall be a defence for the person charged to prove (a) that he purchased the water as water which could lawfully be sold and with a written warranty to that effect; (b) that he had no reason to believe at the time of the alleged offence that is was otherwise; and (c) that it was at that time in the same state as when he purchased it. (2) A warranty shall only be a defence in proceedings under these regulations if (a) the person charged: (i) has, not later than seven clear days before the date of the hearing, sent to the prosecutor a copy of the warranty with a notice stating that he intends to rely on it and specifying the name and address of the person from whom he received it, and Food and Drugs NATURAL MINERAL WATERS REGULATIONS, 1988 © Government of Gibraltar (www.gibraltarlaws.gov.gi) 1964-07 Subsidiary 1988/019 (ii) has also sent a like notice of his intention to that person, and (b) in the case of a warranty by a person resident outside Gibraltar, the person charged proves that he had taken reasonable steps to ascertain, and did in fact believe in, the accuracy of the statement contained therein. (3) In determining whether a person charged has in fact taken reasonable steps to ascertain the accuracy of any statement contained in a warranty the court shall take into consideration (a) the extent and frequency of visits by the person charged or his agent to the premises or site of exploitation of the water or to its bottling plant, and (b) the results of any analysis of the water obtained by the person charged otherwise than under regulation 16 or 17. (4) Where the person charged is an employee of the person who purchased the water under a warranty, he shall be entitled to rely on the provisions of this regulation in the same way as his employer would have been entitled to do if he had been the person charged. (5) The person by whom the warranty is alleged to have been given shall be entitled to appear at the hearing and to give evidence, and the court may, if it thinks fit, adjourn the hearing to enable him to do so. (6) For the purposes of this regulation, a description entered in an invoice shall be deemed to be a written warranty that the water to which the entry refers can be sold or otherwise dealt with under that description by any person without contravening any of the provisions of these regulations. Food and Drugs NATURAL MINERAL WATERS REGULATIONS, 1988 © Government of Gibraltar (www.gibraltarlaws.gov.gi) 1964-07 Subsidiary 1988/019 SCHEDULE 1. RECOGNITION OF NATURAL MINERAL WATERS. 1. A person seeking recognition of a natural mineral water originating in a country outside the European Economic Community shall make application in writing to the Chief Environmental Health Officer, giving particulars set out in paragraph 2 below. 2. (a) Hydrogeological description (i) The exact location of the source showing its altitude, on a map with a scale no larger than 1:1,000 and no smaller than 1:25,000; (ii) the hydrogeology of the source, including a detailed geological description of the surrounding terrain; (iii) a description of the equipment for water abstraction; and (iv) a detailed description of the site of the source, with measures taken to protect the emerging water against pollution. (b) Physical and chemical characteristics of the water (i) The rate of natural flow of the spring, and its seasonal variations, or the maximum discharge rate of the source; (ii) the temperature of the water at source; (iii) the relationship between the nature of the terrain and the nature and type of inorganic constituents in the water; (iv) the dry residues at 180°C and 260°C; (v) the electrical conductivity, specifying the measurement temperature; (vi) the hydrogen ion concentration (pH); (vii) the concentration of cations and anions specified in Schedule 4; (viii) the concentration of non-ionised compounds specified in Schedule 4; Food and Drugs NATURAL MINERAL WATERS REGULATIONS, 1988 © Government of Gibraltar (www.gibraltarlaws.gov.gi) 1964-07 Subsidiary 1988/019 (ix) the concentration of trace elements specified in Schedule 4; (x) the radio-activity of the water at source specifying gross alpha and gross beta activity; and (xi) if the water is intended to be sold as having particular levels or ratios of isotopes, the relative levels or ratios of those isotopes. (c) Microbiological analysis These analyses must include (i) demonstration of the absence of parasites and pathogenic micro-orgamisms; (ii) quantitive determination of the indicators of faecal contamination, showing (a) absence of Escherichia coli and other coliforms in 250 ml at 37°C and 44.5°C; (b) absence of faecal streptococci in 250 ml; (c) absence of sporulated sulphite-reducing anaerobes in 50ml; and (d) absence of Pseudomonas aeruginosa in 250 ml. (iii) determination of the total viable colony count per millilitre of water (a) at 20°C-22°C in 72 hours on agar-agar or agargelatine mixture; and (b) at 370C in 24 hours on agar-agar. (d) Toxic substances satisfactory evidence to show that the water contains no substance named in column 1 below in an amount exceeding the limit imposed in relation thereto in column 3, expressed in the terms prescribed in column 2: Column 1 Column 2 Column 3 Food and Drugs NATURAL MINERAL WATERS REGULATIONS, 1988 © Government of Gibraltar (www.gibraltarlaws.gov.gi) 1964-07 Subsidiary 1988/019 Arsenic As µg/1 50 Cadmium Cd µg/1 5 Cyanide CN µg/1 50 Chromium Cr µg/1 50 Mercury Hg µg/1 1 Nickel Ni µg/ 50 Antimony Sb µg/1 10 Selenium Se µg/1 10 Lead Pb µg/1 10 (e) Freedom from pollution Satisfactory evidence to show that the water is free from pollution, and that it meets in this respect the requirements of Schedule 2. (f) Stability Satisfactory evidence to show that the composition, temperature and other essential characteristics of the water remain stable within the limits of natural fluctuation. 3. The Chief Environmental Health Officer shall not grant recognition of such a natural mineral water unless the responsible authority of the country of origin has certified that (a) it is satisfied as to the matters set out in paragraph 2 of this Schedule, and (b) regular checks are made on the matters specified in Schedule 2. 4. Recognition of such a natural mineral water shall lapse after a period of two years unless the responsible authority of the country of origin has renewed the certification required by paragraph 2 above. 5. The Chief Environmental Health Officer shall, on granting recognition in accordance with this Schedule, enter such recognition and the grounds on which it has been granted in a register kept by him for this purpose and such register shall be available for inspection by members of the public during normal working hours. Food and Drugs NATURAL MINERAL WATERS REGULATIONS, 1988 © Government of Gibraltar (www.gibraltarlaws.gov.gi) 1964-07 Subsidiary 1988/019 SCHEDULE 2. NATURAL MINERAL WATER SOURCES-GENERAL REQUIREMENTS 1. Equipment for exploiting the water must be so installed as to avoid any possibility of contamination, and to preserve the properties, corresponding to those ascribed to it, which the water possesses at source. 2. In pursuance of the requirements of paragraph I above, and without prejudice to the generality thereof (a) the source must be protected against risks of pollution; (b) the equipment for water extraction, pipes and reservoirs shall be of materials suitable for their purpose, and so made as to minimise chemical, physico-chemical or microbiological alteration of the water; (c) the containers shall be so treated or manufactured as to minimise effects on the microbiological and chemical characteristics of the water; (d) the washing and bottling plant and all other aspects of exploitation shall be of a satisfactory hygienic standard; and (e) subject to paragraph 3 below, the water shall be transported from the source in the containers in which it is to be sold to consumers. 3. Notwithstanding subparagraph (e) of paragraph 2 above, it is lawful to transport natural mineral water in tanks from a source to a bottling plant which are both within the same country if such transport was being carried on for the purpose of exploiting the source before the 17 July 1980, regardless of the description applied by the exploiter to the water at that time. 4. Where during exploitation of any source the water no longer meets the microbiological criteria provided in regulation 6(2) and (4) no further exploitation or bottling shall take place at that source until the said criteria are once again met. Food and Drugs NATURAL MINERAL WATERS REGULATIONS, 1988 © Government of Gibraltar (www.gibraltarlaws.gov.gi) 1964-07 Subsidiary 1988/019 SCHEDULE 3 INDICATIONS RELATING TO THE COMPOSITION OF THE WATER, INCLUDING REFERENCE TO SPECIAL DIETS. Column l Column 2 Indications Conditions ‘Low mineral content’ The inorganic constituents, calculated as dry residue, shall not he above 500 mg per litre. ‘Very low mineral Content’ The inorganic constituents calculated as dry residue, shall not he above 50 mg per litre. ‘Rich in mineral salts’ The inorganic constituents, calculated as dry residue, shall he above 1,500 mg per litre. ‘Contains bicarbonate’ The bicorbonate content shall be above 600 mg per litre. ‘Contains sulphate’ The sulphate content shall be above 200 mg per litre. ‘Contains chloride’ The chloride content shall he above 200 mg per litre. ‘Contains calcium’ The calcium contents shall he above 150 mg per litre. ‘Contains magnesium’ The magnesium content shall he above 50 mg per litre. ‘Contains fluoride’ The fluoride shall he above 1 mg per litre. ‘Contains iron’ The bivalent iron content shall he above 1 mg per litre. ‘Acidic’ The free carbon dioxide content shall he above 250 mg per litre. ‘Contains sodium’ The sodium content shall he above 200 mg per litre. ‘Suitable for a low sodium diet’ The sodium content shall not be above 20 mg per litre. Food and Drugs NATURAL MINERAL WATERS REGULATIONS, 1988 © Government of Gibraltar (www.gibraltarlaws.gov.gi) 1964-07 Subsidiary 1988/019 SCHEDULE 4. CHEMICAL CHARACTERISTICS OF NATURAL MINERAL WATERS. 1. Concentrations to be specified (a) under paragraph 2(b)(vii) of Schedule : Cations Expressed as Anions Expressed as Aluminium Al mg/I Borate BO3- mg/1 Ammonium NH4 mg/1 Carbonate CO32- mg/1 Calcium Ca mg/1 Chloride Cl- mg/1 Magnesium Mg mg/1 Fluoride F- mg/1 Potassium K mg/1 Hydrogen Sodium Na mg/1 Carbonate HCO3 mg/1 Nitrate NO3 - mg/1 Nitrate NO2 mg/1 Phosphate P2O5 mg/1 Silicate SiO2 mg/1 Sulphate 2SO4 mg/1 Sulphide S2 mg/1 (b) under paragraph 2(b)(viii) of Schedule 1 Non-ionised compounds Expressed as Total organic carbon C mg/1 Free carbon dioxide CO2 mg/1 Silica SiO2 mg/1 (c) under paragraph 2(b)(ix) of Schedule 1: Trace elements Expressed as Trace elements Expressed as Barium Ba µg/1 Lithium Li µg/1 Bromine (total) Br µg/1 Manganese Mn µg/1 Cobalt Co µg/1 Molybdenum Mo µg/1 Copper Cu µg/1 Strontium Sr µg/1 Iodine (total) I µg/ 1 Zinc Zn µg/1 Iron Fe µg/1 2. If the hydrogeological report required by paragraph 2(a)(ii) of Schedule I indicates that any cation, anion, non-ionised compound or trace element other than those specified in paragraph I above is likely to occur in the water, its concentration, if ascertainable, shall be specified.