Regulations, 2004

L.N. 23 of 2004

FOOD SAFETY ACT

(ACT NO. XIV OF 2002)

Quality of Water Intended for Human Consumption

Regulations, 2004

IN exercise of the powers conferred by article 10 of the Food Safety

Act, the Minister of Health has made the following regulations:-

(1) The title of these regulations is the Quality of Water

Intended for Human Consumption Regulations, 2004.

(2) These regulations shall come into force on the 15th

January, 2004.

In these regulations, unless the context otherwise requires:-

“the Act” means the Food Safety Act;

“distribution network” includes any method by which water

intended for human consumption is transported to a domestic

distribution system;

“domestic distribution system” means the pipework,

fittings and appliances which are installed between the taps

intended to convey water for human consumption, and the

distribution network, except those which fall under the

responsibility of the water supplier in its capacity as a water

supplier;

“responsible person” shall have the same meaning as in the

Act and includes the occupier of any household;

“source” with respect to water shall include the outlet of

water treatment works, a borehole, a pumping station, a blending

point or a service reservoir, whether permanent or not;

“water” shall include

(a) potable water intended for human consumption

either in its original state or after treatment, intended for

drinking, cooking, food preparation or other domestic

purposes, regardless of its origin and whether it is supplied

from a distribution network, from a tanker, in bottles,

containers or from a private water supply;

(b) potable water used in any food production

undertaking for the manufacture, processing, preservation or

marketing of products or substances intended for human

consumption unless the Health

Authority is satisfied that

the quality of the water cannot affect the wholesomeness of

the foodstuff in its finished form;

“private water supply” means any potable water which is

not distributed trough a distribution network;

“water supplier” means any person authorised by the

Health Authority to provide water to any premises;

“water supply zone” means an area with a population not

greater than 50,000 and to which water is supplied.

(1) These regulations concern the quality of water intended Scope.

for human consumption, with the objective to protect human health

from the adverse effects of any contamination of water intended for

human consumption by ensuring that it is wholesome and clean, and to

set in place a regime that provides protection to persons consuming the

(2) These regulations shall apply to any water supplied by

a water supplier.

It shall be the duty of the responsible person to ensure that the Duty of responsible

water intended for human consumption is wholesome and clean person.

throughout the distribution system in terms of regulation 7 of these

regulations

These regulations shall not apply to

Non-applicability of

these regulations.

(a) natural mineral waters approved as such by the Health

Authority;

(b) water which is or is used in medical products recognised

as such by the Health Authority.

(1) The Health Authority may exempt from the provisions Exemptions from

these regulations.

of these regulations

(a) water intended exclusively for those purposes for which

the Health Authority is satisfied that the quality of the water has

no influence, either directly or indirectly, on the health of the

consumers concerned;

(b) water intended for human consumption from any

individual supply providing less than 10 m 3 a day as an average or

serving fewer than 50 persons, unless the water is supplied as part

of a commercial or public activity.

(2) When the Health Authority grants an exemption under

the preceding sub-regulation, it shall ensure that the population

concerned is informed of such exemption and of any action that can be

taken to protect human health from the adverse effects resulting from

any contamination of water intended for human consumption. In

addition, when the Health Authority becomes aware of the possibility

of potential danger to human health arising out of the quality of such

water, the Health Authority shall ensure that such exemption is

withdrawn.

For the purpose of these regulations, water intended for human

consumption shall be wholesome and clean if it

(a) is free from any micro-organisms and parasites and from

any substance which, in amount or concentrations, constitute or

may constitute a potential risk to human health;

(b) does not contain any element, organism or substance at

a concentration or value which in conjunction with any other

element, organism or substance it contains would be detrimental

to public health;

(c) meets the minimum requirements set out in Schedule I,

Parts A and B hereof; and

(d) is in accordance with the provisions of these regulations

and any other laws.

(1) For the purpose of these regulations, water shall bedeemed

to be intended for human consumption if it conforms with Schedule I

to these regulations.

(2) The Health Authority may, in the interest of public

health, set values for additional parameters not included in Schedule I

hereof, provided that the values set should as a minimum satisfy the

requirements of regulation 7 of these regulations.

(1) The aforementioned parametric values shall becomplied

with

(a) at the point in any premises or establishment where the

water for human consumption emerges from the taps, when such

water is supplied through a distribution network;

(b) in the case of water supplied from a tanker, at the point at

which it emerges from the tanker;

(c) in the case of water put in bottles or containers intended

for sale, at the point at which the water is put into the bottles or

containers.

(2) When the responsible person becomes aware that the water

is not within the parametric values set in regulation 6, he shall

immediately ensure that appropriate measures are taken to reduce or

eliminate the risk of non-compliance with the parametric values and

shall inform the consumers concerned of any possible additional

remedial action that they shall take.

(1) The Health Authority shall take all measures necessary to Monitoring.

ensure that

(a) regular monitoring of the quality of water intended for

human consumption is carried out, in order to ensure that the water

supplied to the consumer meets the requirements of these

regulations; and

(b) where disinfection forms part of the preparation or

distribution of water intended for human consumption, the

efficiency of the disinfection treatment applied is verified, and that

any contamination from disinfection by-products is kept as low as

possible without compromising the disinfection.

(2) It shall be the duty of all water suppliers to adopt

programmes in terms of Schedule II hereof to monitor all water intended

for human consumption.

(3) The Health Authority shall determine the sampling

points to ensure compliance with the said Schedule II.

(4) When there is reason to suspect a potential danger to

human health, the Health Authority may require any additional

monitoring of substances and micro-organisms for which no parametric

value has been set in accordance with regulation 7.

(1) After identifying whether a water supply zone is supplied Identification of

water supply zones.

by water from one or more sources, water suppliers are required to

prepare and maintain a record of water supply zones which establish

sampling frequencies, in order to ensure compliance with these

regulations, which information shall be made available to the public.

(2) When a water supply zone is supplied by more than one

source, and this could give rise to significant differences in water quality

within that zone, that zone shall be subdivided into separate supply

zones.

(1) For the purpose of these regulations water samples shall

(a)

meet the minimum requirements as per Schedule II; and

(b) be taken from those points representative of the water

supply in that zone.

(2) Sampling from supply or sampling points, whether fixed

or random, shall be carried out under the direction and to the satisfaction

of the Health Authority.

(3) Water suppliers should retain a sampling manual

outlining the procedures and precautions to be adopted for each

parameter or group of parameters, and such manual shall be available

for inspection and approval by the Health Authority at any time.

(1) The methods of analysis shall comply with the

specifications for the analysis of parameters as per Schedule III of these

regulations.

(2) The non-compliance with the said Schedule III shall

require the authorisation of the Health Authority after all relevant

information has been submitted to it in writing by the applicant.

(1) The water supplier shall on becoming aware that the

quality of the water is not in accordance with these regulations, notify

the Health Authority.

(2) The Health Authority may publish any of the information

notified by the water supplier under sub-regulation (1) hereof

Provided that the water supplier shall seek expert advice and

take all necessary measures to safeguard the consumer from any potential

health hazard.

Water suppliers shall publish an annual report of their

operations as may be determined by the Health Authority.

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