The Fertilisers (Sampling and Analysis) Regulations 1991

Title, commencement and interpretation

1.—(1) These regulations may be cited as the Fertilisers (Sampling and Analysis) Regulations 1991 and shall come into force on 20th May 1991.

(2) In these Regulations, unless the context otherwise requires, “the Act” means the Agriculture Act 1970.

(3) 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.

(4) 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.

Prescribed amount for the purposes of the definition of sampled portion

2.—(1) The prescribed amount of material for the purposes of the definition of sampled portion in section 66(1) shall be determined in accordance with the provisions of this regulation.

(2) In relation to solid fertiliser in a single container, the prescribed amount shall be the contents of the container.

(3) In relation to solid fertiliser in more than one container—

(a) if all the containers together hold less than 5 tonnes, the prescribed amount shall be the contents of all the containers;

(b) if each container holds at least 5 tonnes, the prescribed amount shall be the contents of any one of the containers; and

(c) in a case where neither sub-paragraph (a) or (b) above applies, the prescribed amount shall be the contents of a number of the containers together holding at least 5 tonnes.

(4) In relation to solid fertiliser which is loose in a single heap or bay, the prescribed amount shall be the contents of the heap or bay.

(5) In relation to solid fertiliser which is loose in more than one heap or bay—

(a) if all the heaps and bays together hold less than 5 tonnes, the prescribed amount shall be the contents of all the heaps and bays;

(b) if each heap and bay holds at least 5 tonnes, the prescribed amount shall be the contents of any one of the heaps or bays; and

(c) in a case where neither sub-paragraph (a) nor (b) above applies, the prescribed amount shall be the contents of a number of the heaps or bays together holding at least 5 tonnes.

(6) In relation to fluid fertiliser in a single container, the prescribed amount shall be the contents of the container.

(7) In relation to fluid fertiliser in more than one container—

(a) if all the containers together hold less than 5,000 litres, the prescribed amount shall be the contents of all the containers;

(b) if each container holds at least 5,000 litres, the prescribed amount shall be the contents of any one of the containers; and

(c) in a case where neither sub-paragraph (a) nor (b) above applies, the prescribed amount shall be the contents of a number of the containers together holding at least 5,000 litres.

Manner of taking, marking, sealing and fastening up of samples

3.  The manner in which samples are to be taken, marked, seled and fastened up in cases where under Part IV of the Act they are taken in the prescribed manner shall be as set out in Schedule 1.

Methods of sending part of a sample

4.  Any part of a sample required to be sent to any person in pursuance of subsection (1)(b) or (2) of section 77 shall be sent by registered post or by the recorded delivery service or delivered or given by hand.

Qualifications of agricultural analysts and deputy agricultural analysts

5.  The prescribed qualifications for an agricultural analyst or a deputy agricultural analyst for the purposes of section 67(5) and for the purposes of these Regulations are that he shall possess a Mastership in Chemical Analysis awarded by the Royal Society Chemistry or be a Chartered Chemist, being a Fellow or a Member of the Royal Society of Chemistry, and that his practical experience of the analysis and examination of fertilisers shall be attested by another agricultural analyst or deputy agricultural analyst appointed under section 67(3) of the Act or in accordance with section 11 of the Fertilisers and Feeding Stuffs Act 1926(1).

Application of the methods of analysis

6.—(1) The methods by which analysis of fertilisers shall be made for the purposes of the Act shall be those set out in Schedule 2 in accordance with the following provisions of this regulation.

(2) Analytical constitutents of materials listed in Groups 1(a), 2(a) and 3(a) of Section A, Groups 1 to 4 of Section B and Groups 1(a), 1(b) and 2 of Section C of the table in Schedule 1 to the Fertilisers Regulations 1990(2) shall be determined by the appropriate methods of analysis prescribed in Part I of Schedule 2.

(3) Subject to paragraph (4) below, analytical constitutents of any materials, other than those referred to in paragraph (2) of this regulation, shall be determined by the appropriate methods of analysis prescribed in Part 2 of Schedule 2, save that the total amount of phosphorus pentoxide and the amount of phosphorus pentoxide soluble in 2% formic acid shall in all cases be determined by the methods prescribed in Part I of Schedule 2.

(4) In the case of “Basic slag medium concentration” and “Granular basic slag” in Group 2(b) of section A of the said table, fineness shall be determined by the method prescribed in Part I of Schedule 2.

Form of certificate of analysis

7.  The certificate of an agricultural analyst of the analysis shall be in the form set out in Schedule 3.

Modification of the Agriculture Act 1970

8.  In relation to any material to which these Regulations apply the operation of the provisions of sections 66(1) and 76(5) shall be modified as follows:—

(a) in the definition of “sampled portion” in 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 76(5), for the words “fourteen pounds or the prescribed metric substitution” there shall be substituted the words “six kilograms”,

Revocations

9.  The Fertilisers (Sampling and Analysis) Regulations 1978(3) and the Fertilisers (Sampling and Analysis) (Amendment) Regulations 1980(4) are hereby revoked.

In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on

L.S.

John Selwyn Gummer

Minister of Agriculture, Fisheries and Food

26th March 1991.

Strathclyde

Parliamentary Under Secretary of State, Scottish Office

27th March 1991

David Hunt

Secretary of State for Wales

25th March 1991