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The Fertilisers Regulations 1990

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(Sections 68(1), 69(1) and 74A and Regulations 2, 3, 4, 5 and 8)

SCHEDULE 2MANNER OF MARKING AND LABELLING MATERIAL AND FASTENING OF PACKAGED MATERIAL

PART IPROVISIONS 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 as an EEC fertiliser, the words “EEC FERTILISER” in capital letters;

(b)the name of the material in accordance with regulation 4;

(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 in the order set out in the name in the second column of the table. In the case of material in Group 5 of the said Section B these shall relate to and be in the order N, P2O5, K2O; and where appropriate, shall include a zero where no nutrient is present;

(d)save as provided in sub-paragraph (e) 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 of the table in Schedule 1, shall be expressed in the order N, P2O5 (P) and K2O (K), as appropriate;

(e)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);

(f)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;

(g)except in the case of materials sold or offered for sale as EEC fertilisers—

(i)the content in respect of any of the substances specified in Section D of the table in Schedule 1 which have been added to a fertiliser as an ingredient in the course of manufacture or preparation for sale. No declaration will be required where such substances have been added, with or without other substances, for the sole purpose of improving the handling qualities of the material;

(ii)the name of any pesticide or herbicide;

(h)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;

(i)guaranteed weight(1);

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

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)specific directions for the storage, handling and use of the material.

3.  If an indication of the nutrient content 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 and, where appropriate, 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 paragraph 1(d) 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)Chlorine (Cl).

7.  The content expressed in terms of the elemental forms Phosphorus (P), Potassium (K) and Magnesium (Mg) 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); and

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

8.  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, except that in the case of basic slag, Thomas phosphates, Thomas slag, basic slag medium concentration 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.

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). Quantities of a fluid fertiliser shall be expressed by mass, and may also be expressed by volume.

PART IIREQUIREMENTS 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.

(1)

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.

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