Government Gazette

Vol. 415, No. 20823, 28 January 2000

Regulation Gazette, No. 6720

No. R. 50

DEPARTMENT OF HEALTH

FOODSTUFFS, COSMETICS AND DISINFECTANTS ACT, 1972 (ACT No. 54 of 1972)

REGULATIONS GOVERNING NATURAL MINERAL WATER

The Minister of Health intends, in terms of section 15 (1) of the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972), to make the regulations in the Schedule.

Interested persons are invited to submit any substantiated comments or representations on the proposed regulations to the Director-General: Health, Private Bag X828, Pretoria, 0001 (for the attention of the Director: Food Control), within three months of the date of publication of this notice.

SCHEDULE

Definitions

  1. In these regulations any expression to which a meaning has been assigned in the Act shall bear such meaning and, unless the context otherwise indicates—

"carbonated natural mineral water" means natural mineral water which, after it has been treated and packaged, has been made effervescent by the addition of carbon dioxide from an origin other than that of the natural mineral water;

"decarbonated natural mineral water" means natural mineral water which, after it has been treated and packaged, has a lower carbon dioxide content than such natural mineral water had at its source and which does not visibly and spontaneously give off carbon dioxide under normal conditions of temperature and pressure;

"free carbon dioxide" means carbon dioxide not chemically bound to other elements and/or compounds;

"natural mineral water" means water which contains certain mineral salts in various proportions and which is characterised by the presence of trace elements and other substances such as calcium, magnesium, sodium and potassium and is obtained directly from natural or drilled sources from underground waterbearing strata;

"naturally-carbonated natural mineral water" means natural mineral water which, after it has been treated, gas from the source of such natural mineral water re-incorporated therein and packaged, taking into account the normal technical tolerance, has the same carbon dioxide content as it would if carbon dioxide were spontaneously and visibly given off under normal conditions of temperature and pressure;

"natural mineral water fortified with carbon dioxide from the source" means natural mineral water which, after it has been treated and packaged, has a higher carbon dioxide content than such natural mineral water had at its source;

"non-carbonated natural mineral water" means natural mineral water which, after it has been treated and packaged, taking into account the normal technical tolerance, does not contain free carbon dioxide in amounts larger than are necessary to keep the hydrogen carbonate salts which are present in the water dissolved;

"normal technical tolerance" means natural variation in the carbon dioxide content of natural mineral water.

"perimeter" means the outer boundary of the source of natural mineral water;

"the Act" means the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972).

General requirements

  1. Natural mineral water shall—
  1. be obtained directly from natural or drilled sources from underground water-bearing strata in respect of which all precautions shall be taken within the protected perimeter to avoid any pollution of or any external effect on the chemical and physical qualities of the natural mineral water;
  2. while it is part of the source, be constant in its composition and be discharged at a constant rate and have a constant temperature taking into account cycles of minor natural fluctuations;
  3. be collected under conditions which can guarantee the original bacteriological purity and chemical composition of the essential components;
  4. be packaged close to the point of emergence of the source;
  5. be subject to treatment only as determined in regulation 3.

Treatment

  1. Natural mineral water shall be subject only to the following treatments:
  1. Separation of unstable constituents from the natural mineral water by means of decentation and/or filtration, which can be accelerated, if necessary, by previous aeration;
  2. removal of carbon dioxide from the natural mineral water;
  3. addition of carbon dioxide to the natural mineral water, either direct or after initially removing carbon dioxide as referred to in paragraph (b).
  1. The treatments referred to in regulation 3 shall not modify the composition of natural mineral water with regard to its essential constituents.

Transportation

  1. Natural mineral water shall not be transported in bulk containers for packaging or for any other process before packaging.

Composition

  1. Natural mineral water in its packaged state shall not contain the substances listed in column I of the Table in amounts greater than those indicated in column 11 when tested in accordance with the methods determined in column lilt


TABLE

I

Substance

 II
Maximum
limit (mg/l)		 III

Test method

 IV
Principle which is used for
isolation and/or measurement
Antimony 0.005 ISO 11885 Emission spectroscopy
Arsenic 0.01 ISO 6595: 1982
AOAC 986.15		 - Spectrophotometry
- Atomic absorption
Spectrophotometry
Barium 1 Examination of Water
Pollution Control
WHO Pergamon Press (1982) Vol. 2,
pp. 67-68		  
Borate 5 ISO 9390: 1990 Spectrophotometry
Cadmium 0.003 ISO 8288: 1986

AOAC 986.15

AOAC 974.27

- Flame atomic absorption
Spectrophotometry
- Atomic absorption
Spectrophotometry
- Atomic absorption
Spectrophotometry
Chromium 0.05 Examination of Water
Pollution Control.
WHO Pergamon Press(1982) Vol.2,
pp. 86-87		  
Copper 1 AOAC 960.40
ISO 8288: 1986		 - Colorimetry
- Spectrophotometry
Cyanide 0.07 SABS method 204 Colorimetry
Fluoride See regulation 8.5 Examination of Water
Pollution Control.
WHO Pergamon Press (1982) Vol. 2,
pp. 245-247 and 247-250		  
Lead 0.01 ISO 8288:1986

AOAC 974.27

 - Flameless atomic absorption spectrophotometry
- Atomic absorption spectrophotometry
Manganese 2 Examination of Water Pollution Control.
WHO Pergamon Press (1982) Vol. 2, pp. 121-122
ISO 6333:1986		 spectrophotometry
Mercury 0.001 ISO 5666-3:1984

AOAC 977.22

 - Flameless atomic absorption spectrophotometry
- Flameless atomic absorption spectrophotometry
Nickel 0.02 SABS ISO 11885 - Atomic absorption spectrophotometry
Nitrate 50, calculated as nitrate ISO 7890-2:1986
Handbuch Lebensmittel Chemie (1969)
Examination of Water Pollution Control.
WHO Pergamon Press (1982),
Vol. 2, pp. 280-283		 Spectrophotometry
Organophosphate pesticides Below limit of quantification AOAC Method 991.07  
Organochlorine pesticides and polychlorinated biphenyls Below limit of quantification APHA Method 6630(b)  
Selenium 0.05 AOAC 986.15

SABS Method 1058

Examination of Water Pollution Control.
WHO Pergamon Press (1982)
Vol. 2, pp. 320-322

 - Atomic absorption spectrophotometry
- Atomic absorption spectrophotometry
Surface active agents Below limit of quantification ISO78751:1984 Spectrophotometry/Methylene Blue
AOAC: Association of Official Analytical Chemists
APHA: American Public Health Association
ISO: International Standards Organisation
SABS: South African Bureau of Standards

Microbiological standards

  1. During marketing, natural mineral water shall conform to the microbiological standards for bottled water as set out in the Regulations governing Microbiological Standards for Foodstuffs and Related Matters.

Packaging

  1. Natural mineral water shall be packed in hermetically sealed containers suitable for preventing any adulteration or contamination of such water.

Labelling

  1. Natural mineral water shall be labelled in accordance with the provisions of the Regulations Governing the Labelling and Advertising of Foodstuffs.

  2. In addition to the provisions of regulation 9 of these regulations, the following particulars shall appear on the label:

  1. The name of the product, which shall be "natural mineral water";
  2. the location and the name of the source;
  3. the analytical composition of the natural mineral water which gives the natural mineral water its characteristics;
  4. the specification of the natural mineral water by the use of the expression "naturally-carbonated natural mineral water", "non-carbonated natural mineral waters, "decarbonated natural mineral water", "natural mineral water fortified with carbon dioxide from source" or "carbonated natural mineral waters, which may be accompanied by a further descriptive expression such as "still" and "sparkling".

  1. If the product contains more than 1mg/l of fluoride, the expression "contains fluoride" shall be affixed in close proximity to the expression "natural mineral water" or in a prominent place on the label.

  2. The provisions of regulation 11 notwithstanding, if the product contains more than 2mg/l of fluoride, the expression "this product is not suitable for infants and children under the age of seven years" shall be affixed in close proximity to the expression "natural mineral water" or in a prominent place on the label.

  3. The name of a place or town may form part of the trade name if the source of the natural mineral water is located in such place or town.

  4. The use of any statement or of any pictorial device which may create confusion in the minds of the public about the nature, origin, composition and properties of natural mineral water put on sale shall be prohibited.

Commencement

  1. These regulations shall come into effect three months after the date of final publication.


M. TSHABALALA-MSIMANG
Minister of Health