The Fertilisers Regulations 1991

Made: 15th September 1991

Laid before Parliament: 11th October 1991

Coming into force: 1st November 1991

The Minister of Agriculture, Fisheries and Food, the Secretary of State for Scotland and the Secretary of State for Wales, acting jointly, in exercise of the powers conferred by sections 66(1), 68(1), (2) and (3), 69(1), (3), (6) and (7), 70(1), 74(1), 74A(1), (2) and (4) and 84 of the Agriculture Act 1970[^f00001] and now vested in them[^f00002] and of all other powers enabling them in that behalf, after consultation in accordance with section 84(1) of the said Act with such persons or organisations as appear to them to represent the interests concerned, and the Secretary of State, being the Minister designated[^f00003] for the purposes of section 2(2) of the European Communities Act 1972[^f00004] in relation to the regulation and control of classification, packaging and labelling of dangerous substances and preparations, in exercise of the powers conferred on him by the said section 2(2), and of all other powers enabling him in that behalf, hereby make the following Regulations:

Title, commencement and interpretation

1

• (1) These Regulations may be cited as the Fertilisers Regulations 1991 and shall come into force on 1st November 1991.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) In these Regulations, unless the context otherwise requires—

• “the Act” means the Agriculture Act 1970;

• “chelating agent” means any product listed in table 2 in Schedule 2;

• “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;

• “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 regulation or Schedule shall, unless the context otherwise requires, be construed as a reference to the regulation or Schedule bearing that number in these Regulations.

• (6) 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 Act.

Control of materials designated as EEC fertilisers

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Control of materials not designated as EEC fertilisers

3

• (1) No person shall sell or have in possession with a view to sale, for use as a fertiliser, any solid or fluid material which ... does not comply with the requirements of these Regulations.

• (2) No person shall sell for the final use by the purchaser as a fertiliser any Ammonium nitrate as defined in column (3) of Section A of the table in Schedule 1 which ... 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.

Use and meaning of prescribed names and descriptions of material

4

• (1) Subject to the provisions of paragraphs (4) and (5) of this regulation, no person shall sell ..., as a fertiliser or for use as a fertiliser, any material specified in the second column in Sections A, B, C, D or E of the table in Schedule 1, which complies with the corresponding meaning in the third column of the said 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 the second column of the said table.

• (2) For the purposes of section 70, any name of a material specified in the second column 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 the third column of the said table.

• (3) No person shall 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 any 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 ... 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 the third column of the said table, or in table 1 in Schedule 2, the statutory statement shall contain the name designated in the second column thereof if the material complies in all other respects with the requirements of the said third column.

• (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 the third column of the said 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 ... are sold or offered for sale, the said meaning shall be deemed not to exclude the presence of any herbicide or pesticide.

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

5

The descriptions of material prescribed for the purposes of sections 68(1) and 69(1) shall be those indicated in the second and third columns 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 the fourth column of the table in Schedule 1 and in Part I of Schedule 2.

Limits of variation

6

For the purposes of section 74, the limits of variation in relation to any misstatement as to the nature, substance or quality of any material specified in the second column 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 the fifth and, as the case may be, in the sixth column of the said table.

Time by which a statutory statement relating to certain materials must be given

7

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 ... 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 ... 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.

Manner of marking and labelling material

8

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.

Modification of section 69(1) for certain imported material

9

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 ... 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 ... sold or offered for sale in a container the declared content of which is in excess of 200 litres,

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—

• (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).

Register of marks

10

• (1) 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 a register kept in accordance with this regulation.

• (2) The register shall show those matters to which the mark relates, being matters required to be contained in the 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) of this regulation 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.

Enforcement

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment as respects metrication

12

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”.

Revocation

13

Subject to regulation 1(2), the Fertilisers Regulations 1990[^f00005] 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

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 ... 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:

• (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.

SECTION A: — STRAIGHT FERTILISERS

Optional declarations

Amount of nitric nitrogen

Amount of ammoniacal nitrogen

Amount of magnesium oxide soluble in water

Amount of magnesium oxide soluble in water where this is greater than 5%

Amount of chlorine where this is lower than 3%

Amount of chlorine where this is lower than 3%

Amount of chlorine where this is lower than 3%

SECTION B: — COMPOUND FERTILISERS

1

Not less than 3% nitrogen (N);

2

Not less than 5% phosphorus pentoxide (P₂O₅);

3

Not less than 5% potassium oxide (K₂O).

...	Fertiliser
. . .	Amount of total nitrogen
. . .	Amount of ureic nitrogen save that a declaration of 10% or less need not be made

1

nitric nitrogen

2

ammonical nitrogen

3

ureic nitrogen

4

cyanamide nitrogen

Phosphorus Pentoxide (P2O5)

Where phosphorus pentoxide soluble in water is less than 2%, amount of:–

1

Phosphorus pentoxide soluble in neutral ammonium citrate

1

Phosphorus pentoxide soluble in neutral ammonium citrate and in water

2

Phosphorus pentoxide soluble in water

Potassium Oxide (K2O)

Amount of potassium oxide soluble in water

Optional declarations

Amount of chlorine

Where the chlorine content is not greater than 2% the statement “low in chlorine may be made”.

1

Not less than 3% nigrogen (N);

2

Not less than 5% phosphorus pentoxide (P₂O₅) of which at least 2% must be soluble in water, and at least 5% soluble in mineral acids; and

3

Not less than 5% potassium oxide (K₂O).

1

nitric nitrogen

2

ammonical nitrogen

3

ureic nitrogen

4

cyanamide nitrogen

Amount of phosphorus pentoxide soluble in mineral acids

Amount of chlorine

1

Not less than 3% nigrogen (N);

2

Not less than 5% phosphorus pentoxide (P₂O₅) of which at least 2% should be soluble only in mineral acids, at least 5% soluble in neutral ammonium citrate and in water and at least 2.5% soluble in water;

3

Not less than 5% potassium oxide (K₂O).

1

nitric nitrogen

2

ammonical nitrogen

3

ureic nitrogen

4

cyanamide nitrogen

Amount of phosphorus pentoxide soluble in mineral acids

Amount of potassium oxide soluble in water

Amount of chlorine

1

Not less than 3% nitrogen (N);

2

Not less than 5% phosphorus pentoxide (P₂O₅);

3

Not less than 5% potassium oxide (K₂O)

1

nitric nitrogen

2

ammonical nitrogen

3

ureic nitrogen

4

cyanamide nitrogen

Amount of phosphorus pentoxide soluble in mineral acids

Amount of potassium oxide soluble in water

Amount of chlorine

1

Not less than 3% nitrogen (N);

2

Not less t;han 5% phosphorus pentoxide (P₂O₅);

3

Not less than 5% potassium oxide (K₂O).

1

nitric nitrogen

2

ammonical nitrogen

3

ureic nitrogen

4

cyanamide nitrogen

Amount of phosphorus pentoxide soluble in alkaline ammonium citrate[^f01001]

Amount of potassium oxide soluble in water

Amount of chlorine

1

Not less than 3% nitrogen (N);

2

Not less than 5% phosphorus pentoxide (P₂O₅);

3

Not less than 5% potassium oxide (K₂O).

1

nitric nitrogen

2

ammonical nitrogen

3

ureic nitrogen

4

cyanamide nitrogen

Amount of phosphorus pentoxide soluble in mineral acids

Amount of potassium oxide soluble in water

Amount of chlorine

1

Not less than 3% nitrogen (N);

2

Not less than 5% phosphorus pentoxide (P₂O₅);

3

Not less than 5% potassium oxide (K₂O).

1

nitric nitrogen

2

ammonical nitrogen

3