The Fertilisers (Sampling and Analysis) Regulations (Northern Ireland) 1991

Made: 19th December 1991

Coming into operation: 17th February 1992

The Department of Agriculture in exercise of the powers conferred on it by sections 66(1), 74A, 75(1), 76(1), 77, 78(2), (4) and (6), 79(1), (2) and (9), 84 and 86(1), (2), (3) and (9) of the Agriculture Act 1970[^f00001] and of all other powers enabling it in that behalf, after consultations with such persons or organisations as appear to it to represent the interests concerned, hereby makes the following Regulations:—

Title, commencement and interpretation

1

• (1) These Regulations may be cited as the Fertilisers (Sampling and Analysis) Regulations (Northern Ireland) 1991, and shall come into operation on 17th February 1992.

• (2) 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.

• (3) The Interpretation Act (Northern Ireland) 1954[^f00002] shall apply to these Regulations as it applies to a Measure of the Northern Ireland Assembly.

Prescribed amount for the purposes of the definition of sampled portion

2

• (1) The prescribed amount of material for the purposes of the definition of sampled portion in section 66(1) shall be determined in accordance with the provisions of this regulation.

• (2) In relation to solid fertiliser in a single container, the prescribed amount shall be the contents of the container.

• (3) In relation to solid fertiliser in more than one container—

• (a) if all the containers together hold less than 5 tonnes the prescribed amount shall be the contents of all the containers;

• (b) if each container holds at least 5 tonnes, the prescribed amount shall be the contents of any one of the containers; and

• (c) in a case where neither sub-paragraph (a) nor (b) applies, the prescribed amount shall be the contents of a number of the containers together holding at least 5 tonnes.

• (4) In relation to solid fertiliser which is loose in a single heap or bay, the prescribed amount shall be the contents of the heap or bay.

• (5) In relation to solid fertiliser which is loose in more than one heap or bay—

• (a) if all the heaps and bays together hold less than 5 tonnes, the prescribed amount shall be the contents of all the heaps and bays;

• (b) if each heap and bay holds at least 5 tonnes, the prescribed amount shall be the contents of any one of the heaps or bays; and

• (c) in a case where neither sub-paragraph (a) nor (b) applies, the prescribed amount shall be the contents of a number of the heaps or bays together holding at least 5 tonnes.

• (6) In relation to fluid fertiliser in a single container, the prescribed amount shall be the contents of the container.

• (7) In relation to fluid fertiliser in more than one container—

• (a) if all the containers together hold less than 5,000 litres, the prescribed amount shall be the contents of all the containers;

• (b) if each container holds at least 5,000 litres, the prescribed amount shall be the contents of any one of the containers; and

• (c) in a case where neither sub-paragraph (a) nor (b) applies, the prescribed amount shall be the contents of a number of the containers together holding at least 5,000 litres.

Manner of taking, marking, sealing and fastening up of samples

3

The manner in which samples are to be taken, marked, sealed and fastened up in cases where, under Part IV of the Agriculture Act 1970, they are taken in the prescribed manner shall be as set out in Schedule 1.

Methods of sending part of a sample

4

Any part of a sample required to be sent to any person in pursuance of subsection (1)(b) or (2) of section 77 shall be sent by registered post or by the recorded delivery service or be delivered or given by hand.

Application of the methods of analysis

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• (1) The methods by which analysis of fertilisers shall be made for the purposes of the Agriculture Act 1970 shall be those set out in Schedule 2 in accordance with the following provisions of this regulation.

• (2) Analytical constituents of materials listed in Groups l(a), 2(a) and 3(a) of Section A, Groups 1 to 4 of Section B and Groups l(a), l(b) and 2 of Section C of the table in Schedule 1 to the Fertilisers Regulations (Northern Ireland) 1990[^f00003] shall be determined by the appropriate methods of analysis prescribed in Part I of Schedule 2.

• (3) Subject to paragraph (4), analytical constituents of any materials, other than those referred to in paragraph (2), shall be determined by the appropriate methods of analysis prescribed in Part II of Schedule 2, save that the total amount of phosphorus pentoxide and the amount of phosphorus pentoxide soluble in a formic acid shall in all cases be determined by the methods prescribed in Part I of Schedule 2.

• (4) In the case of “Basic slag medium concentration” and “Granular basic slag” in Group 2(b) of Section A of the said table, fineness shall be determined by the method prescribed in Part I of Schedule 2.

Form of certificate of analysis

6

The certificate of an agricultural analyst of the analysis shall be in the form set out in Schedule 3.

Modification of the Agriculture Act 1970

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

• (a) in the definition of “sampled portion” in 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 76(5), for the words “fourteen pounds or the prescribed metric substitution” there shall be substituted the words “six kilograms”.

Revocations

8

The Fertilisers (Sampling and Analysis) Regulations (Northern Ireland) 1978[^f00004] and the Fertilisers (Sampling and Analysis) (Amendment) Regulations (Northern Ireland) 1981[^f00005] are hereby revoked.

SCHEDULE 1 — MANNER OF TAKING, MARKING, SEALING AND FASTENING UP OF SAMPLES

PART I — DEFINITIONS

In this Schedule:—

• “sampled portion” means a quantity of a material constituting a unit and having characteristics presumed to be uniform:

• “incremental sample” means a quantity taken from one point in the sampled portion:

• “aggregate sample” means an aggregate of incremental samples taken from the same sampled portion;

• “reduced sample” means a representative part of the aggregate sample obtained from the latter by a process of reduction;

• “final sample” means a representative part of the reduced sample or, where no intermediate reduction is required, of the aggregate sample.

PART II — GENERAL INSTRUCTIONS FOR THE TAKING OF SAMPLES

1

In the case of fertiliser in containers, only unopened containers which appear to the inspector proposing to take the sample to be the original containers of the fertiliser shall be selected for the purpose of the sample.

2

The sample shall be taken and prepared as quickly as possible having regard to the precautions necessary to ensure that it remains representative of the sample portion, Instruments, surfaces and containers used in sampling shall be clean and dry.

3

A sample shall not be drawn from any part of the sampled portion which appears to be damaged.

4

When stones are naturally present in a fertiliser, they shall, if possible, be broken up and mixed with the quantity from which a sample is to be drawn. Failing this they shall be removed from the mixture from which a sample is to be drawn and the weight of the residue of that mixture and the weight of the stones ascertained and reported to the analyst. In addition, a representative sample of the stones shall be sent to the analyst with the final sample.

5

An inspector who intends to take a sample in accordance with the provisions of section 76(1) on premises (not being premises used only as a dwelling) on which he has reasonable cause to believe that there is any fertiliser which the occupier of the premises has purchased, shall:—

• (a) satisfy himself that the conditions in which the fertiliser is stored are not such as might cause undue deterioration of the said fertiliser, and that the fertiliser appears not to have been contaminated by any other material;

• (b) where he has reasonable cause to believe that fertiliser in containers is only part of an original consignment, select the number of containers to be sampled as if not less than the whole consignment were still present, except that sampling shall not take place if fewer than the minimum number of containers prescribed in Table 1 of Part VI for the purposes of paragraph 2(a) and (c) of Part 111 are present.

6

The sampling apparatus shall be made of materials which cannot affect the characteristics of the materials to be sampled.

7

In the case of a sampling spear its dimensions shall be appropriate to the characteristics of the sampled portion in all respects including dimensions of the container and particle size of the fertiliser.

8

Notwithstanding the provisions of these Regulations, a sampling spear shall not be used if, prior to the taking of a sample, objection is raised thereto by the manufacturer on the ground that the material is unsuitable.

9

Mechanical apparatus may be used for the sampling of moving fertilisers, if the apparatus is capable of taking samples right across the flow of the product.

10

Apparatus designed to divide the sample into approximately equal parts may be used for taking incremental samples and for the preparation of reduced and final samples.

11

A sample taken in accordance with the methods described below shall be deemed to be representative of the sampled portion.

PART III — QUANTITATIVE REQUIREMENTS

Sampled portion

1

The sampled portion in compliance with regulation 2 shall be such that each of its constituent parts can be sampled in accordance with the requirements of this Schedule.

Incremental sample

2

The incremental samples shall be selected in the following manner:—

• (a) in the case of solid fertilisers in containers—

• (i) where the content of each of the containers in the sampled portion is greater than 1 kg in weight, the number of containers shall be selected in accordance with Table 1 in Part VI;

• (ii) where the content of each of the containers in the sampled portion does not exceed 1 kg in weight, the number of containers shall be selected in accordance with Table I in Part VI, except that the number selected shall be not less than four;

• (b) in the case of loose solid fertilisers the number of incremental samples shall be selected in accordance with Table 2 in Part VI;

• (c) in the case of fluid fertilisers:

• (i) where each container in the sampled portion contains not more than 100 litres the number of containers shall be selected in accordance with Table 3 in Part VI;

• (ii) where each container in the sampled portion contains more than 100 litres an incremental sample shall be drawn from each container.

Aggregate sample

3

The weight or volume, as appropriate, of the aggregate sample shall be not less than the following:—

a solid fertilisers in containers— i containers of more than 1 kg	4 kg
ii containers not exceeding 1 kg (subject to sub-paragraph (iii))	2 kg
iii containers of ammonium nitrates sampled for testing in accordance with method 16 in Part I of Schedule 2	4 kg
b loose solid fertilisers	4 kg
c fluid fertilisers— i containers exceeding 250,000 litres	5 litres
ii containers exceeding 1 litre but not exceeding 250,000 litres	4 litres
iii containers not exceeding 1 litre	2 litres

Final sample

4

The weight or volume, as appropriate, of each final sample-shall be not less than the following:

a solid fertilisers (except as mentioned in sub-paragraph (b))	500 g
b ammonium nitrate fertilisers sampled for testing in accordance with method 16 in Part I of Schedule 2	1 kg
c fluid fertilisers	500 ml

PART IV — TAKING AND PREPARATION OF SAMPLES

Incremental samples

1

Incremental samples of approximately equal sizes shall be taken at random throughout the whole sampled portion in the following manner:—

• (a) in the case of solid fertilisers in containers—

• (i) having selected the required number of containers for sampling in accordance with paragraph 2(a) of Part III, part of the content of each selected container shall be taken as the incremental sample, except in the case of material to which sub-paragraph (iv) applies;

• (ii) where necessary, each selected container shall be emptied and worked up with a shovel separately, and one shovelful taken as the incremental sample;

• (iii) when the material is of a suitable nature the incremental sample may be taken from each selected container by means of a sampling spear or by divider;

• (iv) when the material is so packed or of such a nature that a shovel or spear or divider cannot be used, or where the content of the container does not exceed 1 kg, the whole container shall be taken as the incremental sample;

• (v) where the fertiliser is in a coarse or lumpy condition incremental samples shall be taken in accordance with sub-paragraph (ii) or (iv) as appropriate. These shall be crushed immediately and the whole passed through a sieve with meshes 31.8 mm square;

• (vi) where the fertiliser consists of bulky material, uneven in character and likely to get matted together, each selected package shall be emptied separately and the matted portions tom up and the whole of the contents of each package shall be thoroughly mixed. The incremental samples shall then be taken in accordance with sub-paragraphs (ii) or (iv) as appropriate;

• (b) in the case of loose solid fertilisers—

• (i) an imaginary division shall be made of the sampled portion into a number of approximately equal parts, corresponding to the number of incremental samples required in accordance with Table 2 in Part VI and at least one incremental sample shall be taken at random from each of these parts;

• (ii) when sampling is being carried out while the material comprising the sampled portion is in motion, the incremental samples shall be taken from the approximately equal parts as required in sub-paragraph (b)(i);

• (iii) when a sampling spear is used the sample shall be taken at an angle to the base of the heap;

• (iv) where the fertiliser is in a coarse or lumpy condition, or consists of bulky material, uneven in character and likely to get matted together, the incremental samples shall be taken in accordance with the relevant provisions of paragraph l(a)(v) or l(a)(vi), as appropriate;

• (v) where it is not possible to comply with the requirements of paragraph 1 of Part III when sampling fertilisers in bulk, the sampling should be carried out when the sampled portion is loaded or unloaded. In this case samples shall be taken from the randomly selected notional parts, as defined in sub-paragraph (b)(i), while these are being moved;

• (c) in the case of fluid fertilisers in containers each containing not more than 100 litres, the number of containers to be selected shall be taken in accordance with Table 3 in Part VI, and

• (i) where the containers each contain not more than 1 litre the entire contents of the selected containers shall be transferred into a clean dry vessel of suitable material;

• (ii) where the containers each contain more than 1 litre and not more than 100 litres the selected containers shall be well shaken or the contents agitated or otherwise treated to ensure uniformity. An approximately equal proportion of fluid shall then be taken immediately from each of the selected containers and transferred into a clean dry vessel of suitable material;

• (d) in the case of fluid fertilisers in containers each containing more than 100 litres —

• (i) when a consignment is being withdrawn from the container and there is a tap in the outlet pipe from which it is suitable to draw a sample, a quantity of not less than 4 litres shall be drawn from the tap (after first withdrawing sufficient to remove any residues in the pipe) into a clean dry vessel of suitable material, made up of portions not less than 0.5 litres and of approximately equal size taken at regular intervals; otherwise

• (ii) if the liquid is homogeneous, about 1 litre shall be drawn from a convenient outlet in the container (after first withdrawing sufficient to remove any residues in the outlet) into a clean dry vessel of suitable material, or

• (iii) if the liquid is not homogeneous, the contents shall be well stirred or otherwise agitated and sampling shall then proceed as in sub-paragraph (ii), but

• (iv) if it is not possible to make the liquid homogeneous, in the manner described in sub-paragraph (iii), or if the inspector considers that the procedure in sub-paragraphs (i), (ii) and (iii) may not be appropriate, the contents shall be sampled by lowering an open tube (which must be long enough to reach the bottom of the container) perpendicularly into the container. One or both ends of the tube shall then be closed and the contents transferred into a clean dry vessel of suitable material. If sampling by tube is impracticable, portions shall be taken from various levels of the container with a sampling bottle so as to obtain a quantity fairly representative of the whole. The appropriate process shall be repeated until a quantity of not less than 4 litres has been withdrawn:

• (v) where a sampled portion consists of two or more containers, incremental samples of approximately equal size shall be taken from each, drawn in the manner described in sub-paragraph (i), (ii), (iii) or (iv), as appropriate, and shall be placed in a clean dry vessel of suitable material.

Aggregate sample

2

The incremental samples shall be thoroughly mixed to form a single aggregate sample. In the case of solid fertilisers the material in the aggregate sample shall be carefully mixed to obtain an homogenised sample. Any lumps inconsistent with the nature of the material shall be broken up (if need be by separating them out and returning them to the aggregate sample).

Reduced sample

3