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To:-www.consumerdirect.gov.uk 1st May 2008: We wish to seriously complain that fluoride in Bromsgrove's tap water is a criminal offence. Any one claiming that any consumer product has medicinal properties is a criminal offence if that product does not have a medicinal marketing authorisation. Since the Regulator has refused to recognise fluoridated water as a medicinal product, any person (and especially a health professional) advocating the use of fluoridated water to prevent tooth decay should be reported to yourselves who are the local Trading Standards Officers for Worcestershire and we advocate that the PCT for Worcstershire is brought before a Court to stand trial. Water is a food, and 'medicinal waters' are excluded from regulation under the Water Quality Regulations, so Trading Officers are the relevant officials authorised to take action under the Food Safety legislation. I look forward to your reply in due course. Reply:- 5th May 2008: Dear Sirs, Thank you for your e-mail. The Regulator is Ofwat, which can be contacted on 0121 625 1300/1373 or via www.ofwat.gov.uk. Another body that may be able to assist is the Consumer Council for Water, which can be contacted on 0207 270 3370 or via the website www.ccwater.org.uk. On speaking to Worcestershire Trading Standards again today. They have confirmed that they have no jurisdiction in the field of drinking water. Testing of drinking water to ensure that it is of appropriate quality is undertaken by Bromsgrove District Council, who can be contacted on 01527 881445. Regards, Richard Consumer Direct West Midlands Further reply:- Dear Sirs,
Thank you for your e-mail.
Your enquiry would be best answered by The Department Of Health
More replies:-
Dear Sirs,
Thank you for your e-mail.
Please see the attached letter From Dr J Foster.
NIRMAL JHEETA
DWI
Letter from Dr J.Foster:-21st May 2008:
Dear Sirs,FLUORIDATION OF DRINKING WATER: Thank you for your emails of 2nd and 13th May 2008 regarding the fluoridation of drinking water. Many of the points you raise relate to the Government's policy on whether or not drinking water should be fluoridated. National policy on drinking water fluoridation is the responsibility of the Department of Health rather than the Drinking Water Inspectorate (DWI), hence the reference by colleague Mr Jheeta to information held on their website. The Inspectorate are not involved in the decision about whether or not a water supply is fluoridated - this decision is made by the local Strategic Health Authority. The content of drinking water legislation is a matter for Defra (the Department for Environment, Food & Rural Affairs) which is the parent Government department of the Inspectorate. The Drinking Water Inspectorate is an independent regulator responsible for enforcing the requirements of drinking water legislation. This should perhaps have been more clearly explained in the previous response. I hope this clarification, together with the information provided below answers your query more fully. Regulation of public drinking water Public drinking water is not regulated under food safety legislation as suggested in your email, but there are specific laws relating to drinking water quality. Water companies have a duty to supply wholesome drinking water under the Water Industry Act 1991 (as amended) – “the Act”. The term wholesome is defined by the Water Supply (Water Quality) Regulations 2000 (as amended) – “the Regulations”. With regard to fluoride, the Regulations specify that in order to be wholesome public drinking water must not contain more than 1.5 milligrammes of fluoride per litre of water (1.5 mg/l). This figure is based on the requirements of the European Directive on the quality of water for human consumption and also the World Health Organisation’s guideline value for drinking water. The Act allows for drinking water to be fluoridated at the request of the Strategic Health Authority provided certain criteria are met, for example that only specified chemicals are used and (more recently) that the public are consulted before a new fluoridation scheme is introduced. Where drinking water is fluoridated, water companies must also meet the requirements of the Code of Practice on Technical Aspects of Fluoridation of Drinking Water Supplies as published by the Inspectorate in 2005 (see: www.dwi.gov.uk/regs/infolett/2005/info0505.shtm). The requirement for drinking water to contain no more than 1.5mg/l of fluoride applies regardless of whether or not water is fluoridated. The Inspectorate’s records show that there have been no exceedances of the fluoride standard between 1995 and 2007 (inclusive) in South Staffordshire Water’s Hayley Green in which your postcode (B62 0PJ) is situated. The table below shows a summary of the results for fluoride for the last 5 years.
Fluoride results for Hayley Green supply zone (South Staffs Water)

Average (mean) fluoride concentration (mg/l) Maximum fluoride concentration (mg/l) Number of breaches of the regulatory standard (1.5mg/l)
2007 0.989 1.03 Zero
2006 0.935 1.10 Zero
2005 0.983 1.10 Zero
2004 0.998 1.19 Zero
2003 1.005 1.12 Zero
Where water fluoridation is carried out in line with the requirements of the Act, and the drinking water meets the quality requirements of the Regulations then the supply of this water is in accordance with the current legislation. Water unfit for human consumption You state that you consider your drinking water to be unfit for consumption due to the fact that it is fluoridated. Section 70 of the Act makes it a criminal offence for a water company to supply water that is unfit for human consumption. However the Act provides a defence for the water company if it can show that it had no reasonable grounds for suspecting that unfit water would be consumed or it had taken all reasonable steps and exercised all due diligence to secure that water was fit for human consumption on leaving its pipes. The decision as to whether or not water is “unfit” is taken by the court hearing a particular case, not the Inspectorate.
Where fluoridation is carried out in accordance with the provisions of the Act, and drinking water quality standards are met, then the Inspectorate would have no grounds to consider initiating proceedings for water unfit unless the water supplied was proven to be harmful to human health and there was evidence that the company had not been duly diligent in the supply of that water (including any arrangements for fluoridation). Fluoride as a medicinal product The control of medicinal products is the responsibility of the Medicines & Healthcare products Regulatory Agency (MHRA) – more information is available via their website www.mhra.gov.uk. It is for the MHRA to determine whether or not a product constitutes a medicine and how it should be controlled. The Drinking Water Inspectorate does not have powers under legislation relating to the safety of medicines. Public consultation You state in your email that no public consultation took place when fluoride was added to your water supply in 1985.
The requirement for a Strategic Health Authority to carry out a consultation prior to the introduction of any new fluoridation schemes became law as a result of amendments introduced by the Water Act 2003. These amendments were not retrospective and therefore a fluoridation scheme beginning in 1985 would not have been subject to the same requirements. I trust the above gives a fuller answer to your enquiry, however please do not hesitate to contact the Inspectorate should you require further information regarding drinking water quality or its regulation.
Yours sincerely [sent via email]
Dr J. Foster Deputy Chief Inspector Drinking Water Inspectorate
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Notes-23rd May 2008: We are now in the process of contacting the West Midlands Strategic Health as they are the people that allow this fluoride to be added to ourtap water supply:- We are asking why after the York report stated that the information to make clear decisions was in fact poor information, that fluoride is still being added to our tap water supply.



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