S.L. 449.44 Art. 10Closures. Sales descriptions and labelling. Temporary restrictions on marketing. Maximum concentration limits.

Any container used for packaging natural mineral waters shall be fitted with closures designed to avoid any possibility of adulteration or contamination. 11.1. The sales description of natural mineral waters shall be ‘natural mineral water’ or, in the case of an effervescent natural mineral water as defined in Section III of the First Schedule, as appropriate, ‘naturally carbonated natural mineral water’, ‘natural mineral water fortified with gas from the spring’ or ‘carbonated natural mineral water’. 11.1.1 The sales description of natural mineral waters which have undergone any of the treatments referred to in regulation 8.1(d) shall have added to it as appropriate the indication ‘fully decarbonated’ or ‘partially decarbonated’. 11.2 Labels on natural mineral waters shall also give the following mandatory information:

(a) a statement of the analytical composition, giving its characteristic constituents;

(b) the place where the spring is exploited and the name of the spring;

(c) information on any treatments referred to in regulation 8.1(b) and (c). 11.3 The name of a locality, hamlet or place may occur in the wording of a trade description provided that it refers to a natural mineral water the spring of which is exploited at the place indicated by that description and provided that it is not misleading as regards the place of exploitation of the spring. 11.4 It shall be forbidden to market natural mineral water from one and the same spring under more than one trade description. 11.5 When the labels or inscriptions on the containers in which the natural mineral waters are offered for sale include a trade description different from the name of the spring or the place of its exploitation, this place or the name of the spring shall be indicated in letters at least one and a half times the height and width of the largest of the letters used for that trade description. 11.5.1 The first subparagraph shall apply, mutatis mutandis and with the same intention as regards the importance attributed to the name of the spring or the place of its exploitation, with regard to the trade description used in advertising, in whatsoever form, relating to natural mineral waters.

11.6 It shall be forbidden, both on packaging or labels and in advertising in whatsoever form, to use designations, proprietary names, trade marks, brand names, illustrations or other signs, whether emblematic or not, which:

(a) in the case of a natural mineral water, suggest a characteristic which the water does not possess, in particular as regards its origin, the date of the authorization to exploit it, the results of analyses or any similar references to guarantees of authenticity;

(b) in the case of drinking water packaged in containers which does not satisfy the provisions of Section I of the First Schedule, are liable to cause confusion with a natural mineral water, in particular the description ‘mineral water’.

11.7 All indications attributing to natural mineral water properties relating to the prevention, treatment or cure of a human illness shall be prohibited. 11.7.1 However, the indications listed in the Third Schedule shall be authorized if they meet the relevant criteria laid down in that Schedule or, in the absence thereof, criteria laid down in national provisions and provided that they have been drawn up on the basis of physico-chemical analyses and, where necessary, pharmacological, physiological and clinical examinations carried out according to recognized scientific methods, in accordance with Section I, paragraph 2 of the First Schedule. 11.7.2 The indications ‘stimulates digestion’, ‘may facilitate the hepato-biliary functions’ or similar indications are authorized. The Food Safety Commission may also authorize the inclusion of other indications, provided that the latter do not conflict with the principles stated in regulation 11.7 and are compatible with those stated in subregulation 11.7.1. 11.8 The term ‘spring water’ shall be reserved for a water which is intended for human consumption in its natural state, and bottled at source, which:

(a) satisfies the conditions of exploitation laid down in the Second Schedule, paragraphs 2 and 3, which shall be fully applicable to spring waters,

(b) satisfies the microbiological requirements laid down in regulation 9,

(c) satisfies the labelling requirements of regulation 11.2(b) and (c) and regulations 11.3 to 11.5,

(d) has not undergone any treatment other than those referred to in regulation 8.

In addition, spring waters shall comply with other provisions relating to the quality of water intended for human consumption. 12.1. Where the Food Safety Commission has detailed grounds for considering that a natural mineral water does not comply with the provisions laid down in these regulations, or endangers public health, albeit freely circulating in one or more Member States, it may temporarily restrict or suspend trade in that product within Malta. It shall immediately inform the European Commission and the other Member States thereof and give reasons for its decision.

12.2 At the request of any Member State or the European Commission, the Food Safety Commission shall provide all relevant information concerning recognition of the water, together with the results of the regular checks. 13.1. By the 1 January, 2006 at the latest, natural mineral waters st shall, at the time of packaging, comply with the maximum concentration limits set out in the Fourth Schedule for the constituents listed in that Schedule. 13.2 However, in the case of fluorides and nickel, the deadline referred to above is extended until the 1st January, 2008.