Consultations

Consultation on Draft Natural Mineral Water, Spring Water and Bottled Drinking Water Regulations 2009

This draft Statutory Document (SD) aims to make provision in the Isle of Man for the administration and enforcement of Directives 98/83/EC and 80/777/EEC (as amended by 96/70/EC and 2003/40/EC). The draft Regulations consolidate the requirements of the EU legislation into a single Statutory Document, namely the Natural Mineral Water, Spring Water and Bottled Drinking Water Regulations.

The draft Regulations are arranged into five parts, with eight schedules supporting and expanding on the main provisions which they contain.

1. Part 1 – Introductory

Contains the title and commencement date of the Regulations.
All interpretations, and the general exemptions which apply.

2. Part 2 - Natural mineral water

Prescribe the conditions for recognition of natural mineral water (regulation 5) and the processes for the withdrawal (self imposed or otherwise) of the recognition.
Prohibit the sale of water which is not natural mineral water, as a natural mineral water (regulation 6).
Prohibits the addition to or treatment of natural mineral water (other than those specified) and allows the use of ozone-enriched air treatment only as prescribed by the regulations (regulation 7).
Prohibits the bottling and sale of natural mineral water other than in a specified type of container and imposes maximum limits on various parameters in natural mineral waters (regulation 8).
Prohibits the use of certain descriptions or indications on labels which may mislead the consumer as to the nature of the product and imposes marking, labelling and advertising requirements for natural mineral waters (regulation 9).
Prohibit the sale of incorrectly bottled/labelled natural mineral water and imposes restrictions on the microbiological content of natural mineral water (regulation 10).

3. Part 3 - Spring water

Prohibits the bottling of spring water unless certain requirements for extraction, exploitation and bottling, and prescribed concentrations and values of parameters are met (regulation 11).
Prohibits the use of certain descriptions or indications on labels which may mislead the consumer as to the nature of the product and imposes marking, labelling and advertising requirements for spring waters (regulation 12).Prohibits the use of certain descriptions or indications on labels which may mislead the consumer as to the nature of the product and imposes marking, labelling and advertising requirements for spring waters (regulation 12).
Prohibits the sale of incorrectly bottled/labelled spring water (regulation 13).

4. Part 4 - Bottled drinking water

Prohibits the bottling of drinking water unless certain requirements for concentration and parameters are met (regulation 14).
Prohibits the use of descriptors associated with natural mineral water (regulation 15).
Prohibits the sale of incorrectly bottled/labelled drinking water (regulation 16).

5. Part 5- Miscellaneous and supplemental

Make provision for enforcement, sampling arrangements and analysis (regulations 17 to 20).
Provide for offences and prescribe penalties (regulation 21).
Provide specific defences in relation to imports from EEA countries and water placed on the market or labelled before the Regulations come into force (regulation 22).
Apply provisions of the Food Act 1996 (including the defence of due diligence) and the Food Labelling Regulations 2004 (regulation 39) in the operation of these Regulations.

The Department wishes to see this implemented as soon as possible following the end of the consultation period.

In considering this draft SD you should note that similar Regulations are already in force in England, Scotland, Wales and Northern Ireland.

Comments or views on this draft SD should be submitted to the Department by 15th May 2009.

A copy of the letter which was sent out to all organisations as appear to be representative of interests substantially affected by the regulations and a copy of the draft regulations can be downloaded from the table below.

Consultation Letter on draft Food Supplements Regulations 2008 and Nutrition and Health Claims Regulations 2008

Food Supplements Regulations 2008

The draft Regulations should be read in conjunction with Directive 2002/46/EC (see table below) as amended and will introduce rules on labelling of food supplements and establish a positive list of chemical substances authorised for the production of vitamins and minerals.

The draft Regulations define food supplements as all foodstuffs which are concentrated sources of nutrients, marketed in dose form and which aim to supplement the intake of those nutrients in the normal diet.

The draft Regulations provide that bottles of food supplements must include clear instructions for daily dosage, a warning regarding possible health risks in cases of excess use and a statement to the effect the food supplements concerned should not be used as a substitute for a varied diet.

The Regulations prohibit any language which suggests that a varied diet does not provide the correct amount of essential nutrients. They also forbid any claims that the product can prevent, treat or cure illness.

The measure establishes a positive list of chemical substances which are authorised for the production of vitamins and minerals following their scientific assessment by the EU Scientific Committee for Food. The maximum and minimum levels of supplements in the daily dose will also be set by the Committee.

Nutrition and Health Claims Regulations 2008

The draft Regulations should be read in conjunction with Regulation (EC) No. 1924/2006 (see table below) and set a positive list of permitted nutrition claims, contained in an annex to Regulation 1924/2006. They also set out the procedure for making additions to this list. Health claims are also to be regulated and the proposed Regulation sets out procedures for doing this as follows:

Prior approval will be required for all health claims.
The Regulations make it an offence to make a number of specified claims, to fail to provide prescribed nutrition information and, in the case of health claims relating to the reduction of disease risk, to fail to accompany the claim with the statement prescribed in the EC Regulation.

The Department wishes to see both sets of Regulations implemented as soon as possible following the end of the consultation period. In considering these draft Regulations, it should be noted that similar ones are already in force in England, Scotland, Wales and Northern Ireland.

The consultation period has now ended.

This consultation was directed primarily at food manufacturers and other organisations or persons involved with food supplements or nutrition claims.

Downloadable Documents