The Fertilisers Regulations (Northern Ireland) 1992

Contents

1Citation, commencement and interpretation#

(1)These Regulations may be cited as the Fertilisers Regulations (Northern Ireland) 1992 and shall come into operation on 18th May 1992.

(2)Subject to paragraph (3) below, these Regulations shall not apply in relation to any material, not designated as an EEC fertiliser, sold or offered for sale before—

(a)1st June 1992 in the case of any solid material sold or offered for sale loose or in containers having a capacity greater than 25 kilograms or, in the case of any fluid material, sold or offered for sale in containers having a capacity greater than 10 litres;

(b)1st February 1993 in the case of any solid material sold or offered for sale in containers having a capacity of or less than 25 kilograms or, in the case of any fluid material, sold or offered for sale in containers having a capacity of or less than 10 litres;

and in relation to any such material the Fertilisers Regulations (Northern Ireland) 1990 shall continue to apply.

(3)The Fertilisers Regulations (Northern Ireland) 1990 shall not apply to any material not designated as an EEC fertiliser, in relation to which paragraph (2) above would otherwise apply, if that material complies with the requirements of these Regulations.

(4)In these Regulations, unless the context otherwise requires—• “chelating agent” means any product listed in Table 2 in Schedule 2;• “the Department” means the Department of Agriculture for Northern Ireland;• “herbicide” means a substance calculated to destroy or control any unwanted plant;• “pesticide” means a substance calculated to destroy or control any insect, mite, mollusc, nematode, fungus or any other pest capable of destroying, damaging or retarding the growth of any form of plant life;• “register” means the register kept in accordance with regulation 10;• “secondary nutrient” means calcium, magnesium, sodium or sulphur;• “trace element” means boron, cobalt, copper, iron, manganese, molybdenum or zinc.

(5)Any reference in these Regulations to a numbered section shall, unless the reference is to a section of a specified Act, be construed as a reference to the section bearing that number in the Agriculture Act 1970.

(6)The Interpretation Act (Northern Ireland) 1954 shall apply to these Regulations as it applies to a Measure of the Northern Ireland Assembly.

2Control of materials designated as EEC fertilisers#

(1)A person shall not sell or have in possession with a view to sale, for use as a fertiliser, any material designated as an EEC fertiliser, or in respect of which any indication is given directly or indirectly that it is an EEC fertiliser, unless that material:

(a)is specified in Groups 1(a), 2(a) or 3(a) of Section A, or in Groups 1 to 4 of Section B, or in Groups 1(a) or 2 of Section C, or in Section D, or Section E, of the table in Schedule 1; and

(b)conforms with the requirements laid down for such materials in these Regulations as respects content and marking.

(2)A person shall not sell or have in possession with a view to sale, for use as a fertiliser, any material designated as an EEC fertiliser containing any pesticide or herbicide or any organic nutrient of animal or vegetable origin, which has been added in the course of manufacture or preparation for sale.

(3)A person shall not make available to any other person for the final use by that other person as a fertiliser any ammonium nitrate, as defined in column 3 of Section A of the table in Schedule 1, which is designated as an EEC fertiliser and contains more than 28% by weight of nitrogen, unless the material is in a container which complies with the provisions of Part II of Schedule 2.

(4)A person shall not sell or have in possession with a view to sale, for use as a fertiliser, any material specified in Section D of the table in Schedule 1 designated as an EEC fertiliser unless that product is packaged.

3Control of materials not designated as EEC fertilisers#

A person shall not sell or have in possession with a view to sale, for use as a fertiliser, any solid or fluid material which, not being designated as an EEC fertiliser, does not comply with the requirements of these Regulations.

4Use and meaning of prescribed names and descriptions of material#

(1)Subject to the provisions of paragraphs (4) and (5) of this regulation, a person shall not sell or have in possession with a view to sale, as a fertiliser or for use as a fertiliser, any material specified in column 2 in Sections A, B, C, D or E of the table in Schedule 1, which complies with the corresponding meaning in column 3 of that table, unless the statutory statement relating to any such material and required by section 68(1) contains the corresponding name or one of the corresponding names, as the case may be, indicated in column 2 of that table.

(2)For the purposes of section 70, any name of a material specified in column 2 of the table in Schedule 1 shall, subject to the provisions of paragraphs (4) and (5) of this regulation, have the meaning corresponding thereto in column 3 of that table.

(3)A person shall not sell or have in possession with a view to sale, as a fertiliser or for use as a fertiliser, any material specified in Groups 1(b), 2(c), 3(c) or 5(b) of Section A, or in Group 6 of Section B or in Groups 1(c), 1(e) 1(g) or 4 of Section C, of the table in Schedule 1, unless he gives in the statutory statement or in any other document or label referring to the material a name or description, or name and description, sufficiently specific to indicate to the intending purchaser the true nature of the material.

(4)In the case of those materials in Groups 1 to 4 of Section B, Group 2 of Section C, and in Section D and Section E, of the table in Schedule 1 which, not being designated as EEC fertilisers, are sold or offered for sale, and for which the declared content of any nutrients, secondary nutrients or trace elements, or of the total nutrient, secondary nutrient or trace element content, falls below the minimum levels specified in column 3 of that table, or in table 1 in Schedule 2, the statutory statement shall contain the name designated in column 2 thereof if the material complies in all other respects with the requirements of column 3.

(5)In the case of materials specified in Sections A, B, C, D or E of the table in Schedule 1, any meaning given in column 3 of that table shall be deemed not to exclude the presence of any substance added to improve the handling qualities of the material and, in the case of materials which, not being designated as EEC fertilisers, are sold or offered for sale, the said meaning shall be deemed not to exclude the presence of any herbicide or pesticide.

5Prescribed descriptions of material and particulars and information to be contained in the statutory statement#

The descriptions of material prescribed for the purposes of sections 68(1) and 69(1) shall be those indicated in columns 2 and 3 of the table in Schedule 1, and the particulars or information required to be contained in a statutory statement relating to any such material shall be the particulars or information specified in relation thereto in column 4 of the table in Schedule 1 and in Part I of Schedule 2.

6Limits of variation#

For the purposes of section 74, the limits of variation in relation to any mis-statement as to the nature, substance or quality of any material specified in column 2 of the table in Schedule 1 shall, subject to the provisions of that Schedule, be the corresponding limits in relation to that material set out in column 5 and, as the case may be, in column 6 of that table.

7Time by which a statutory statement relating to certain material must be given#

For the purposes of section 68(3), any statutory statement required to be given on the sale of—

(a)any fertiliser, in containers, of a description specified in Group 4 of Section A of the table in Schedule 1; or

(b)any solid fertiliser, not being designated as an EEC fertiliser, other than a solid fertiliser sold or offered for sale in containers, of a description specified in Sections A, B, D or E of the table in Schedule 1; or

(c)any fluid fertiliser, not being designated as an EEC fertiliser, in a container the declared content of which is in excess of 200 litres,

shall be given as soon as practicable after delivery to the purchaser.

8Manner of marking and labelling material#

The manner in which material shall be marked and labelled for the purposes of section 69(1) and section 74A shall be as set out in Schedule 2.

9Modification of section 69(1) for certain imported material#

In the case of—

(a)any fertiliser, in containers, of a description specified in Group 4 of Section A of the table in Schedule 1; or

(b)any solid fertiliser, not being designated as an EEC fertiliser, sold or offered for sale, other than a solid fertiliser in containers, of a description specified in Sections A, B, D or E of the table in Schedule 1; or

(c)any fluid fertiliser, not being designated as an EEC fertiliser, sold or offered for sale in a container the declared content of which is in excess of 200 litres,

(i)the words “and in either case before it is removed from the premises” were omitted from the said subsection (1), and

(ii)the words “any material which has been marked in accordance with this subsection” were substituted for the words “the material” in the said subsection (1).

which has been imported and is of a description prescribed for the purposes of section 69(1) by regulation 5, subsection (1) of section 69 shall have effect as if—

10Register of marks#

(1)Except in the case of materials sold or offered for sale designated as EEC fertilisers, as respects any material of a description prescribed for the purposes of section 69(1) by regulation 5 which comprises:

(a)any fertiliser in containers of a description specified in Group 4 of Section A of the table in Schedule 1; or

(b)any solid fertiliser, other than a solid fertiliser in containers, of a description specified in Sections A, B, D or E of the table in Schedule 1; or

(c)any fluid fertiliser in a container the declared content of which is in excess of 200 litres; or

(d)any material, not being of a standard formulation on general sale by the seller concerned, which is specially manufactured or mixed to the order of a particular purchaser,

the matters required by section 69 to be marked on that material may be denoted by a mark whose meaning can be ascertained by reference to the register.

(2)The register shall show those matters to which the mark relates, being matters required to be contained in a statutory statement relating to the material to which the mark relates and the date of entry of those particulars in the register. Entries relating to material of a kind mentioned in paragraph (1)(d) shall also include the name and address of the purchaser, the date of the order and the amount ordered. The register shall be kept as a separate record in book form marked on the outside “Register of marks under section 69(6) of the Agriculture Act 1970” and shall be kept on the premises where the material is held for the purpose of selling it in the course of trade for use as a fertiliser, save that if the material is in a public store the register shall be kept on the premises of the person who has the material for sale.

(3)The period for which the register is to be preserved in accordance with section 69(7) shall be a period of 6 months commencing with the first day on which none of the materials referred to in the register remains on the premises for sale as aforesaid.

11Enforcement#

Insofar as any provision of these Regulations is made under section 2(2) of the European Communities Act 1972 that provision shall be enforced as if it were made under those provisions of the Agriculture Act 1970 under which the other provisions of these Regulations are made and the provisions of Part IV of the said Agriculture Act shall apply accordingly.

12Amendment as respects metrication#

In relation to any material to which these Regulations apply the operation of the provisions of sections 66(1), 68(2)(b) and 76(5) shall be modified as follows:—

(a)in the definition of “sampled portion” in the said section 66(1) for the words “five tons or 1,000 gallons or the prescribed metric substitution” there shall be substituted the words “five tonnes or 5,000 litres”;

(b)in section 68(2)(b) for the words “fifty-six pounds or the prescribed metric substitution” there shall be substituted the words “twenty-five kilograms”; and

(c)in section 76(5) for the words “fourteen pounds or the prescribed metric substitution” there shall be substituted the words “six kilograms”.

13Revocation#

Subject to regulation 1(2) the Fertilisers Regulations (Northern Ireland) 1990 are hereby revoked.

Schedule 1 · Prescribed descriptions of material, meanings of names, particulars and information to be contained in the statutory statement and limits of variation

(1)The limits of variation prescribed in this Schedule shall be the permitted deviations of the measured from the declared content of a nutrient, secondary nutrient or trace element, or of the measured from the declared neutralising value, or of the measured from the declared amount of material passing through a specified sieve.

(2)Save as prescribed in paragraphs 6, 7 and 8 the limits of variation shall be those set out in the fifth column of the following table.

(3)In Section B and Group 2 of Section C of the following table the negative limits of variation specified individually for N, P₂O₅ and K₂O are those permitted for each nutrient taken separately and the limits of variation for the total nutrient content of a fertiliser shall be the sum of the negative deviations from the declared content.

(4)No limits of variation shall be permitted in respect of the minimum and maximum contents specified in the third column of the following table, save those prescribed in paragraph 6.

(5)Where no maximum limit is specified in the third column of the following table no limits of variation are prescribed as respects an excess of nutrient, neutralising value or amount of material passing through a specified sieve above the declared value or amount, save those prescribed in paragraph 7(b).

(6)In the case of materials in Groups 1 to 4 of Section B and Group 2 of Section C of the following table which, not being designated as EEC fertilisers, are sold or offered for sale, and where the declared content of one or more of the nutrients falls below the following levels:—

(i)in the case of nitrogen (N) — 2.5% in an NPK fluid fertiliser solution and 3.5% for all other fertilisers; and

(ii)in the case of phosphorus pentoxide (P₂O₅) and potassium oxide (K₂O) - 3.5% in a fluid fertiliser solution; 4.5% in an NPK fluid fertiliser suspension and 5.5% for all other fertilisers,

the limit of variation for the declared nutrient in such cases shall be that specified in the sixth column of the following table.

(7)The limits of variation permitted in respect of the declared content for the forms of nitrogen or the declared solubilities of phosphorus pentoxide shall be as follows:

(a)except as provided in sub-paragraph (b) of this paragraph, the limit of variation shall be one-tenth of the overall content of the nutrient concerned, with a maximum of 2% by weight:

(8)The limits of variation for trace elements and secondary nutrients other than where prescribed in Sections D and E of the following table shall be:

SECTION E:
Group	Name of Material	Meaning	Declarations	Limits of variation (absolute value in percentage by weight, except where stated)
1	2	3	4	5
	Calcium sulphateIn addition usual trading names may be given	Product of natural or industrial origin containing as its essential ingredient calcium sulphate at various degrees of hydration, containing by weight:(a) Not less than 25% calcium oxide(b) Not less than 35% sulphur trioxideCalcium and sulphur are expressed as total calcium oxide and sulphur trioxide.Not less than 80% of the calcium sulphate should be able to pass through a 2 mm sieve.Not less than 99% of the calcium sulphate should be able to pass through a 10 mm sieve.	Amount of total sulphur trioxide	0.9
Optional declarationAmount of calcium oxide	0.9
Calcium chloride solution	Calcium chloride solution of industrial origin, containing not less than 12% calcium oxide.	Amount of calcium oxide	0.9
Calcium is expressed as calcium oxide soluble in water.	Optional declarationfor plant spraying
Elemental sulphur	Comparatively refined natural or industrial product containing not less than 98% sulphur (245% sulphur trioxide).Sulphur is expressed as total sulphur trioxide.	Amount of total sulphur trioxide	0.9
KieseriteIn addition usual trading names may be given	Product of mineral origin containing monohydrated magnesium sulphate as its main component, containing by weight:(a) Not less than 24% magnesium oxide(b) Not less than 45% sulphur trioxideMagnesium and sulphur expressed as magnesium oxide soluble in water and sulphur trioxide soluble in water.	Amount of magnesium oxide soluble in water	0.9
Optional declarationAmount of sulphur trioxide soluble in water	0.9
Magnesium sulphateIn addition usual trading names may be given	Product containing heptahydrated magnesium sulphate as its main component and containing by weight:(a) Not less than 15% magnesium oxide(b) Not less than 28% sulphur trioxideMagnesium and sulphur are expressed as magnesium oxide soluble in water and sulphur trioxide.	Amount of magnesium oxide soluble in water	0.9
Optional declarationAmount of sulphur trioxide soluble in water	0.9
Magnesium chloride solution	Product obtained by dissolving magnesium chloride of industrial origin and containing by weight:(a) Not less than 13% magnesium oxide(b) Not more than 3% calcium oxide	Amount of magnesium oxide	0.9

(i)trace elements — up to one-fifth of the declared value for a trace element content not exceeding 2% and 0.4% in absolute terms for a content of more than 2%;

(ii)secondary nutrients in the oxide form - up to a quarter of the declared value for a secondary nutrient content not exceeding 3.6% and 0.9% in absolute terms for a content of more than 3.6%. This is equivalent to the following maxima for the elemental forms—• 0.64% maximum for Ca• 0.55% maximum for Mg• 0.67% maximum for Na• 0.36% maximum for S.

Schedule 2 · Manner of marking and labelling materials and fastening of packaged material

Part I · Provisions as to the manner of marking material

(1)The following markings shall be shown on the package, label or on the accompanying documents:—

(a)in the case of material sold or offered for sale designated as an EEC fertiliser, the words “EEC FERTILISER” in capital letters;

(b)the name of the material in accordance with regulation 4, modified as follows where necessary to indicate the presence of secondary nutrients and/or trace elements.Where the presence of one or more secondary nutrients is declared, the following shall be added “containing ” followed by the name or names of the secondary nutrients or their chemical symbols in the order magnesium, sodium, sulphur.Where the presence of one or more trace elements is declared, one of the following shall be added:—• either(a) “with trace elements”,• or(ii) “with ” followed by the name or names of the traceelement(s) or their chemical symbol(s).Where several trace elements are present they shall be listed in the alphabetical order of their chemical symbols:B Co Cu Fe Mn Mo Zn;

(c)in the case of materials specified in Groups 1(a), 2(a) and 3(a) of Section A and in Sections B and C of the table in Schedule 1, the numbers indicating the nutrient content.For materials specified in Groups 1 to 4 of the said Section B and Group 2 of Section C the numbers shall be set out in the same order as the names in the second column of the table.In the case of materials in Groups 5 and 6 of Section B and Groups 3 and 4 of Section C these shall relate to and be in the order N, P₂O₅, K₂O; and, where appropriate, shall include a zero where no nutrient is present; where the presence of one or more secondary nutrients is declared, the figures indicating their contents may be added in parentheses after the numbers for N, P₂O₅ and K₂O;

(d)save as provided in sub-paragraph (g) of this paragraph, the declared content in respect of each nutrient, and the declared content expressed as forms of nitrogen and solubilities of phosphorus pentoxide where these are specified in the fourth column of the table in Schedule 1.The declared content shall be expressed in the manner described in paragraphs 6, 7 and 8 of this Schedule and, in the case of materials specified in Section B and in Groups 2 or 3 of Section C, of the table in Schedule 1, shall be expressed in the order N, P₂O₅ (P) and K₂O (K), as appropriate;

(e)the declared content of magnesium, sodium or sulphur or any mixture of these secondary nutrients, where they are present in accordance with the minimum levels laid down in table 1(b) of this Schedule.The declared content shall be expressed in the manner described in paragraphs 6, 7 and 8 of this Schedule;

(f)the declared content of any trace element, or mixture of trace elements added to the fertiliser as an ingredient in the course of manufacture or preparation for sale, where they are present in accordance with the minimum levels laid down in table 1(a) of this Schedule.The presence of trace elements which occur naturally in the fertiliser may also be declared if they meet the minimum levels set out in table 1(a) of this Schedule.The declared content shall be expressed in alphabetical order of the chemical name and in the manner described in paragraphs 6, 7 and 8 of this Schedule;

(g)in the case of materials specified in Group 5 of Section A of the table in Schedule 1, the declared neutralising value expressed as calcium oxide (CaO);

(h)where so indicated in the fourth column of the table in Schedule 1, the declared amount of material passing through the specified sieve expressed as a percentage by weight;

(i)except in the case of materials sold or offered for sale designated as EEC fertilisers, the name of any pesticide or herbicide;

(j)the name or trade name or trade mark and the address of the person established within the European Economic Community responsible for marketing the material;

(k)guaranteed weight for solid fertilisers and guaranteed volume for fluid fertilisers.Quantities of fluid fertiliser, sold or offered for sale as an EEC fertiliser, shall also be expressed by mass;

(l)in the case of fluid fertilisers, directions shall be given as to storage temperature and any special requirements as regards handling or treatment for the avoidance of accidents during storage or use;

(m)in the case of products specified in Section D of the table to Schedule 1 the following instruction—“• To be used only where there is recognised need. Do not exceed the appropriate application rates.”

(2)The following particulars may be shown on the package, label or on the accompanying documents:—

(a)any optional declaration specified in the fourth column of the table in Schedule 1;

(b)the manufacturer’s own mark, the trade mark of the product and the trade description of the product;

(c)specified directions for the storage, handling and use of the material.

(3)If an indication of the nutrient content, including secondary nutrients, is given in whole numbers as part of the trade description of the product without the words or appropriate chemical symbols to describe the nutrient content, the figures shall relate to and be in the order N, P₂O₅, K₂O, MgO, Na₂O, SO₃ and for N, P₂O₅ and K₂O may include a zero where no nutrient is present.

(4)When the markings referred to in paragraphs 2(b) and (c) are shown, they shall be clearly separated from and shall not conflict with those referred to in paragraphs 1 and 2(a).All the markings prescribed in paragraphs 1 and 2 shall be clearly separated from any other information on the packages, labels and accompanying documents.

(5)Each of the markings referred to in paragraphs 1 and 2 shall be shown:—

(a)clearly and legibly;

(b)in English;

(c)in a conspicuous position; and

(d)indelibly in writing, printing or stencilling.

(6)The content declared in accordance with paragraphs 1(d), 1(e) and 1(f) shall be indicated both in words and by the appropriate chemical symbol as follows:—

(a)Nitrogen (N)

(b)Phosphorus pentoxide (P₂O₅)

(c)Potassium oxide (K₂O)

(d)Magnesium oxide (MgO)

(e)Calcium oxide (CaO)

(f)Sodium oxide (Na₂O)

(g)Sulphur trioxide (SO₃)

(h)Chlorine (Cl)

(i)Boron (B)

(j)Cobalt (Co)

(k)Copper (Cu)

(l)Iron (Fe)

(m)Manganese (Mn)

(n)Molybdenum (Mo)

(o)Zinc (Zn)

and where all or part of the trace element is chemically linked with an organic molecule named in table 2, the name of that element followed by “chelated by ” followed by the name of the chelating agent or its abbreviation as set out in table 2 to this Schedule.

(7)The content expressed in terms of the elemental forms Phosphorus (P), Potassium (K), Magnesium (Mg), Calcium (Ca), Sodium (Na) and Sulphur (S) shall be shown in parentheses alongside the oxide declarations referred to in paragraph 6.The following factors shall be used to convert the oxide numerical values to the elemental form:—

(a)Phosphorus pentoxide (P₂O₅) × 0.436 = Phosphorus (P);

(b)Potassium oxide (K₂O) × 0.83 = Potassium (K);

(c)Magnesium oxide (MgO) × 0.6 = Magnesium (Mg);

(d)Calcium oxide (CaO) × 0.715 = Calcium (Ca);

(e)Sodium oxide (Na₂O) × 0.742 = Sodium (Na);

(f)Sulphur trioxide (SO₃) × 0.400 = Sulphur (S).

(8)For basic slag, Thomas phosphates, Thomas slag, basic slag medium concentrations and granular basic slag the declared contents and solubilities of phosphorus pentoxide may be expressed as a range of 2% by weight.The forms of nitrogen and solubilities of phosphorus pentoxide shall also be expressed as percentages by weight of the material.Otherwise, and subject to paragraph 9 below, the declared contents referred to in paragraphs 6 and 7 shall be expressed as a percentage of the weight of the material and shall be given as whole numbers or, where necessary, to one decimal place.

(9)In the case of fluid fertilisers, additional information on the fertilising components may be expressed in equivalent terms of weight versus volume (kilograms per hectolitre or grams per litre).In the case of fluid fertilisers which are for foliage spraying, the soluble calcium content may be declared if it is not less than 8% calcium oxide (5.7% calcium).

TABLE 2
Name	Abbreviation	Chemical Symbols
Sodium potassium or ammonium salts or acid salts of:
ethylene diamine tetraacetic acid:	EDTA	C₁₀H₁₆O₈N₂
diethylene triamine pentaacetic acid:	DPTA	C₁₄H₂₃O₁₀N₃
ethylene diamine-di (O-hydroxyphenyl acetic) acid:	EDDHA	C₁₈H₂₀O₆N₂
hydroxy-2 ethylene diamine triacetic acid:	HEEDTA	C₁₀H₁₈O₇N₂
ethyldiamine-di (O-hydroxy P-methyl phenyl) acetic acid:	EDDHMA	C₂₀H₂₄N₂O₆
ethylene diamine di (5-carboxy-2-hydroxyphenyl) acetic acid:	EDDCHA	C₂₀H₂₀O₁₀N₂

Part II · Requirements as to the manner of labelling material and fastening of packaged material

(1)The prescribed markings specified in paragraphs 1 and 2 of Part I of this Schedule shall be associated with the said material in one of the following ways:—

(a)in the case of fertilisers where the material is loose in heaps or bays, in such a manner that the markings are readily apparent and unequivocally associated with the material;

(b)in the case of fertilisers in containers, on the containers, or on labels held in place by whatever system is used for closing the container;

(c)in the case of fertilisers in any container holding more than 100 kg, the markings may be shown on documents accompanying the materials which, when so shown, shall be kept readily available for inspection.

(2)Except in the case of material sold or offered for sale designated as an EEC fertiliser, the label of a parcel to which paragraph (b) of subsection (2) of Section 68 relates shall bear the particulars which would, apart from that paragraph, be required to be contained in a statutory statement on the sale of that material.

(3)Each container shall be closed in such a way or by such a system that, when it is opened, the fastening, the fastening seal or container itself is irreparably damaged.When such a system consists of a lead or other type of seal, the seal shall bear the name or mark of the person responsible referred to in paragraph 1(j) of Part I of this Schedule.

Contains public sector information licensed under the Open Government Licence v3.0.