The Fertilisers (Sampling and Analysis) (Amendment) Regulations 1991

Made: 12th December 1991

Laid before Parliament: 30th December 1991

Coming into force: 21st January 1992

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 on them by sections 66(1), 67(5), 74A, 75(1), 76(1), 77, 78(2), (4) and (6), 79(1), (2) and (9) and 84 of the Agriculture Act 1970[^f00001], and of all other powers enabling them in that behalf, after consultation as required by section 84(1) of the said Act with such persons or organisations as appear to them to represent the interests concerned, hereby make the following Regulations:

Title, commencement and interpretation

1

• (1) These Regulations may be cited as the Fertilisers (Sampling and Analysis) (Amendment) Regulations 1991 and shall come into force on 21st January 1992.

• (2) In these Regulations, “the principal Regulations” means the Fertilisers (Sampling and Analysis) Regulations 1991[^f00002].

Amendment of the principal Regulations

2

The principal Regulations are hereby amended in accordance with regulations 3 and 4 below.

3

• (1) In regulation 2(3), for subparagraphs (b) and (c), there shall be substituted the following subparagraphs–

(b) if any container holds at least 5 tonnes the prescribed amount shall be 5 tonnes; and (c) if neither subparagraph (a) nor (b) above applies, the prescribed amount shall be the contents of the lowest number of containers together holding at least 5 tonnes.

• (2) In regulation 2(7), for subparagraphs (b) and (c) there shall be substituted the following subparagraphs–

(b) if any container holds at least 5,000 litres, the prescribed amount shall be 5,000 litres, and (c) if neither subparagraph (a) nor (b) above applies, the prescribed amount shall be the contents of the lowest number of containers together holding at least 5,000 litres.

• (3) For paragraph (2) of regulation 6 there shall be substituted the following paragraph–

(2) Analytical constituents of materials listed in Groups 1(a), 2(a) and 3(a) of Section A, Groups 1 to 4 of Section B, Groups 1(a), 1(b) and 2 of Section C, and Section E, of the table in Schedule 1 to the Fertilisers Regulations 1991[^f00003], shall be determined by the methods prescribed in Part I of Schedule 2.

4

• (1) In Part I of Schedule 2–

• (a) paragraph 1(b) shall be omitted;

• (b) for paragraph 2 there shall be substituted the provisions set out in Schedule 1 to these Regulations;

• (c) in paragraph 3–

• (i) items 12a and b, and 13a and b shall be omitted, and

• (ii) after item 16g (Determination of copper) there shall be added the provisions set out in Schedule 2 to these Regulations;

• (d) in the 11th line of the table for method 10, for the lines indicating nil entries in the fifth and sixth columns there shall be substituted the figures “50” and “500” respectively;

• (e) the provisions relating to the following methods of analysis shall be omitted–

• (i) method 12a: Determination of water-soluble magnesium — atomic absorption spectrophotometric method,

• (ii) method 12b: Determination of water-soluble magnesium — EDTA method,

• (iii) method 13a: Determination of total magnesium — atomic absorption spectrophotometric method, and

• (iv) method 13b: Determination of total magnesium — EDTA method;

• (f) in paragraph 4.3 of method 16c: Determination of Combustible Ingredients, for the expression “(See Figure 1)” there shall be substituted the expression “(See Figure 9)”;

• (g) after the provisions relating to method 16g: Determination of copper, there shall be added the provisions set out in Schedule 3 to these Regulations.

• (2) In Part II of Schedule 2–

• (a) paragraph 1(b) shall be omitted;

• (b) for paragraph 2 there shall be substituted the provisions set out in Schedule 1 to these Regulations;

• (c) in paragraph 3, for item 8 there shall be substituted

(8) Determination of zinc

• (d) for the provisions relating to method 8: Determination of total magnesium, there shall be substituted the provisions set out in Schedule 4 to these Regulations.

• (3) At the end of the Appendix to Schedule 2, there shall be inserted the Diagram and key set out in Schedule 5 to these Regulations.

• (4) In Schedule 3–

• (a) in the first column for the results of analysis, before the line referring to “Chlorine (C)”, there shall be inserted the following provisions–

Calcium oxide (CaO) Total Soluble in water Sodium oxide (Na₂O) Total Soluble in water Sulphur trioxide (SO₃) Total Soluble in water

• (b) in the second column for the results of analysis–

• (i) the expression “Magnesium (Mg)” shall be omitted, and

• (ii) below the expression “Molybdenum (Mo)” there shall be added “Zinc (Zn)”.

SCHEDULE 1 — PROVISIONS TO BE INSERTED IN PARTS I AND II OF SCHEDULE 2 TO THE PRINCIPAL REGULATIONS

SCHEDULE 2 — PROVISIONS TO BE INSERTED IN PART I OF SCHEDULE 2 TO THE PRINCIPAL REGULATIONS

SCHEDULE 3 — PROVISIONS TO BE ADDED TO PART I OF SCHEDULE 2 TO THE PRINCIPAL REGULATIONS

SCHEDULE 4 — PROVISIONS TO BE INSERTED IN PART II OF SCHEDULE 2 TO THE PRINCIPAL REGULATIONS

SCHEDULE 5 — DIAGRAM AND KEY TO BE INSERTED IN THE APPENDIX TO SCHEDULE 2 TO THE PRINCIPAL REGULATIONS

Signed

In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 10th December 1991.

John Selwyn Gummer — Minister of Agriculture, Fisheries and Food

Strathclyde — Parliamentary Under Secretary of State, Scottish Office — 9th December 1991

David Hunt — Secretary of State for Wales — 12th December 1991

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Fertilisers (Sampling and Analysis) Regulations 1991 (“the principal Regulations”). Regulation 3(1) and (2) modifies the method prescribed by regulation 2 of the principal Regulations for determining the amount of material from which a sample may be taken for the purpose of analysis. Regulation 3(3) amends regulation 6(2) of the principal Regulations (methods of analysis) so that reference is made to the Fertilisers Regulations 1991 and in particular to section E of the Table in Schedule 1 to those Regulations. Regulation 4 amends Schedules 2 and 3 to the principal Regulations, in particular–

• (a) in Part I of Schedule 2, by substituting for methods of analysis concerning magnesium a number of methods concerning calcium, magnesium, sodium, sulphur and sulphur in the form of sulphates;

• (b) in Part II of Schedule 2, by omitting the method of analysis concerning magnesium and adding a method concerning zinc;

• (c) by modifying the form of certificate in Schedule 3.

Regulation 4(1) and Schedules 1, 2 and 3, amending Part I of Schedule 2 to the principal Regulations, implement Commission Directive 89/519/EEC (OJ No. L265, 12.9.89, p.30) supplementing and amending Directive 77/535/EEC (OJ No. L213, 22.8.77, p.1) on the approximation of the laws of the Member States relating to methods of sampling and analysis of fertilisers.

Footnotes

[^f00001]: 1970 c. 40; section 74A was inserted in the Act by paragraph 6 of Schedule 4 to the European Communities Act 1972 (c. 68) and the Act was amended by the Agriculture Act 1970 Amendment Regulations 1982 (S.I. 1982/980). Section 66(1) contains definitions of the expressions “the Ministers”, “prescribed” and “regulations”. The definition of “the Ministers” was amended by the Transfer of Functions (Wales) (No. 1) Order 1978 (S.I. 1978/272), Schedule 5, paragraph 1.

[^f00002]: S.I. 1991/973.

[^f00003]: S.I. 1991/2197.