Consumption Regulations, 2004

L.N. 357 of 2004

FOOD SAFETY ACT, 2002

(ACT NO. XIV of 2002)

Registration of Private Water Supplies Intended for Human

Consumption Regulations, 2004

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

Act, 2002, the Minister of Health, the Elderly and Community Care has

made the following regulations>-

(1) The title of these regulations is the Registration of Private Title.

Water Supplies Intended for Human Consumption Regulations, 2004.

Definitions.

In these regulations unless the context otherwise requires>

“the Act” means the Food Safety Act, 2002<

“distribution network” means any method by which water

intended for human consumption is transported to a domestic

distribution system<

“Health Authority” means the public officer responsible for

public health in terms of the Department of Health (Constitution) Cap. 94.

Ordinance or any law substituting the same<

“private water supply” means any potable water which is not

distributed through a distribution network.

(1) These regulations apply to the registration of private water Scope.

supplies intended for human consumption and shall include all water,

either in its original state or after treatment, intended for drinking, cooking,

food preparation or other domestic purposes, which is not distributed

through a distribution network, and it shall also include water produced

through a private treatment plant, including a reverse osmosis plant, and

water supplied in tankers or any other method of conveyance other than

a distribution network, used by an authorized water undertaker.

(2) The provisions of sub-regulation (1) hereof shall include

private water which is -

(a) supplied to premises for commercial food production,

which include the manufacturing, processing, preserving, preparing

or marketing of food or drink for sale<

(b) supplied to hotels and restaurants preparing food or drink

for consumption on the premises<

(c) supplied to hospitals, other residential institutions and staff

canteens<

(d) supplied to camping sites, holiday villages, properties

used for holiday lettings and other similar establishments which

have changing populations<

(e) to be used for washing produce after it is harvested, where

the quality of the water affects the fitness for human consumption

of the food or drink produced<

(f) supplied as a multi-purpose supply to serve both domestic

properties and food production undertakings and premises with

changing populations< and

(g) bottled water.

(3) The provisions of sub-regulations (1) and (2) hereof shall

not apply to supplies of private water serving single dwellings for purely

domestic purposes, whether the supply is owned by the user, or drawn

from a source, or supplied by a private water supplier. In such a case the

owners shall be responsible to verify the quality of the water and of its

(1) No person may supply, distribute or , in any way, make

use of water from a private supply unless such supply is registered with

the Health Authority.

(2) The registration of a private water supply under this

regulation shall not exempt the owner from any obligation to apply for

and acquire the necessary licences or permits that may be required by any

competent authority.

(1) Registration shall be carried out in writing on the prescribed

form acquired from the Health Authority, duly filled and forwarded to

the designated office.

(2) Particulars given on the registration form shall not be

misleading, inaccurate or incomplete.

(3) A separate registration form is to be filled for each source

of private water supply.

(4) The Health Authority shall request a private water supplier

to provide water quality analysis results prior to the registration of any

source, as to confirm the wholesomeness of that water source.

(5) The Health Authority shall refuse to register any water

source unless all the relevant provisions of these regulations and of other

related regulations are complied with.

(6) The Health Authority may at any time remove from the

register any water source if the relevant provisions of these regulations

and of other related regulations are not complied with.

(7) Any person who fails to register any water source with

the Health Authority or fails to comply with the requirements of these

regulations and of other related regulations, shall be guilty of an offence

under the Act.

The Health Authority shall keep a register of all private water Register of private

water supplies.

supplies which have been registered.

Where there is a change of the private water supplier, the new Amending

records in the

private water supplier shall, within twenty-eight days after the date of register.

change, supply the Health Authority with the same particulars as are

required under regulation 5>

Provided that when a private water supply is no longer intended to

be used as such, the private water supplier shall inform in writing the

Health Authority within twenty eight days of this cessation>

Provided further that cessation due to maintenance works need not

be notified to the Health Authority.

Any person who contravenes the provisions of regulations 4, Offences.

5 and 7 shall be guilty of an offence against the Act.