The Fertilisers Regulations 1990

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 bulk 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 packages or containers, on the packages or containers, or on labels held in place by whatever system is used for closing the package or container.

• (c) in the case of fertilisers in any bulk 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 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 package or container other than

• (a) a bulk container containing 1.5 tonnes or more of fertiliser, or

• (b) a container of fluid fertiliser of a capacity not exceeding 10 kilograms

shall be closed in such a way or by such a system that, when it is opened, the fastening, the fastening seal or the package 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(h) or Part I of this Schedule.

Signed

In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 29th March 1990.

John Selwyn Gummer — Minister of Agriculture, Fisheries and Food

Sanderson of Bowden — Minister of State, Scottish Office — 27th March 1990

Peter Walker — Secretary of State for Wales — 27th March 1990

Explanatory note

(This note is not part of the Regulations)

1 These Regulations, which apply throughout Great Britain, consolidate and supersede the Fertilisers Regulations 1977 and the Fertilisers (Amendment) Regulations 1984. They implement the directives listed in paragraph 2 below, and incorporate changes in the law which are described in paragraph 5 below.

2 The directives implemented are Council Directive 76/116/EEC (OJ No. L24, 30.1.76, p. 21) on the approximation of the laws of the Member States relating to fertilisers; Council Directive 80/876/EEC (OJ No. L250, 23.9.80, p. 7) on the approximation of the laws of the Member States to straight ammonium nitrate fertilisers of high nitrogen content; Council Directive 88/183/EEC (OJ No. L83, 29.3.88, p. 33) amending Directive 76/116/EEC in respect of fluid fertiliser.

3 The Regulations provide for the designation and sale as EEC fertilisers of materials meeting certain specified requirements, and apply also to materials intended for use as fertilisers which are not so designated (regulations 2 and 3). They prescribe names for and descriptions of such materials (regulations 4 and 5 and Schedule 1), and particulars and information to be given in the statutory statements required by law to be provided when such materials are sold for such use. The marking and labelling of materials held for sale are controlled by regulation 8 and Schedule 2.

4 Special provision for the marking of certain imported materials is made in regulation 9. Regulation 10 provides for the use in certain cases of a registered mark in the place of the particulars otherwise required. The use of metric measures in the sampling of materials is specified in regulation 12.

5 New provisions in respect of fluid fertilisers (which were not previously covered by the Regulations) are to be found in regulations 4(1) and (5), 7(c), 9(c) and 10(1)(c), Section C of Schedule 1 and Part I of Schedule 2.

6 References to “kilograms” in regulations 7(c) and 9(c) and paragraphs 1(c) and 3(b) of Part II of Schedule 2 replace references to “litres” in the superseded Regulations.

7 The Regulations come into force on 21st May 1990.

Footnotes

[^f00001]: 1970 c. 40; section 74(A) was inserted by paragraph 6 of Schedule 4 to the European Communities Act 1972 (c. 68) and there are other amendments to the Act not relevant to these Regulations.

[^f00002]: In the case of the Secretary of State for Wales by virtue of S.I. 1978/272.

[^f00003]: S.I. 1977/1489.

[^f00004]: S.I. 1984/1592.

[^f00005]: For detailed requirements as respects guaranteed weight, see Part III of Schedule 6 to the Weights and Measures Act 1985. In the case of fluid fertiliser delivered to the purchaser by mobile tanker the weight may be expressed as the product of the specific gravity of the fertiliser and the volume delivered.