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EC Fertilisers Regulations (Northern Ireland) 2006

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PART 2Composition, labelling and records

Types of fertiliser for which designation “EC fertiliser” can be used

3.—(1) A manufacturer shall not place on the market a fertiliser designated as an “EC fertiliser” unless—

(a)it is of a type listed in Annex I; and

(b)he is established in accordance with Article 4.

(2) Any person who contravenes paragraph (1) shall be guilty of an offence.

Tolerances

4.  Any manufacturer who—

(a)places on the market a fertiliser designated as an “EC fertiliser” the content of which does not comply with the tolerances specified in Article 13(1) and (3); or

(b)fails to comply with Article 13(2),

shall be guilty of an offence.

General provisions relating to identification, marking, labelling and packaging of EC fertilisers

5.—(1) Any manufacturer who places on the market a fertiliser designated as an EC fertiliser shall be guilty of an offence unless the identification markings relating to it—

(a)are borne as specified in Article 9(1);

(b)comply with Article 9(2);

(c)include a declaration of contents as specified in Article 6(1)(a) and (d), (4), (5) and (6);

(d)include the additional instructions called for by Article 9(3) if it is a fluid fertiliser; and

(e)have been provided as specified in Article 7(1).

(2) Any manufacturer who places on the market a packaged fertiliser designated as an EC fertiliser shall be guilty of an offence unless—

(a)the identification markings appear as specified in the first sentence of Article 7(2);

(b)the packaging and labelling of the fertiliser complies with Article 10(1) and (2);

(c)the packaging complies with Article 12; and

(d)the language in which the identification markings appear complies with Article 11.

(3) Any manufacturer who places on the market a bulk fertiliser designated as an EC fertiliser shall be guilty of an offence unless—

(a)the identification markings appear as specified in the second sentence of Article 7(2);

(b)a copy of the documents containing them meets the requirements of Article 10(3); and

(c)the language in which the identification markings appear complies with Article 11.

Additional provisions relating to the marking and identification of inorganic primary nutrient fertilisers

6.  Any manufacturer who places on the market a fertiliser—

(a)that is designated as an EC fertiliser;

(b)that is a fertiliser of the type described in Article 16; and

(c)for which a declaration of calcium, magnesium, sodium and sulphur content is made other than—

(i)in accordance with Articles 17, 18 and 19; and

(ii)as specified in Article 6(2)(c),

shall be guilty of an offence.

Additional provisions relating to the marking and identification of inorganic secondary nutrient fertilisers

7.  Any manufacturer who places on the market a fertiliser—

(a)that is designated as an EC fertiliser;

(b)that is a fertiliser of the type described in Article 20;

(c)that is not marked in accordance with Article 21; and

(d)for which a declaration of calcium, magnesium, sodium and sulphur content is made otherwise than as specified in Article 6(2)(c),

shall be guilty of an offence.

Additional provisions relating to the identification and packaging of inorganic micro-nutrient fertilisers

8.  Any manufacturer who places on the market a fertiliser that is—

(a)designated as an EC fertiliser;

(b)a fertiliser of the type described in Article 22;

(c)not marked in accordance with Article 23; and

(d)not packaged in accordance with Article 24,

shall be guilty of an offence.

Records

9.  Any manufacturer who fails to comply with the requirements of Article 8 shall be guilty of an offence.

Compliance notices

10.—(1) This regulation applies where the Department is of the opinion, that a person is a manufacturer placing on the market fertiliser that does not comply with the Community Regulation, but that person has not committed an offence under regulations 3 to 9.

(2) The Department may serve a notice in writing on the person in question giving reasons why it is of that opinion and requiring him to take such steps as are specified in the notice within such period (being not less than 14 days except in an emergency) as is so specified.

(3) The steps to be so specified are steps that the Department regards as appropriate to cause it, no longer to be of the opinion in paragraph (1).

(4) Failure to comply with such a notice is an offence unless the notice has been withdrawn.

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