Agriculture Act 1970 (c. 40)

Part IV U.K. Fertilisers and Feeding Stuffs

Modifications etc. (not altering text)

C1 Pt. IV applied: (E.W.S.) (1.11.1991) by S.I. 1991/2197, reg.11 (with reg. 1(2)(3)); (E.W.S.) (22.1.1992) by S.I. 1991/2840, reg. 23 (with reg. 22) (which S.I. was revoked (E.W.S.) (30.6.1995) by 1995/1412, reg. 25); (N.I.) (18.5.1992) by S.R. 1992/187, reg. 11 (with reg. 1(2)); (N.I.) (27.7.1992) by S.R. 1992/270, reg. 23 (with reg. 22)); (E.W.S.) (30.6.1995) by S.I. 1995/1412, reg. 24 (with reg. 23) (which S.I. was revoked (E.) (29.10.2000) by S.I. 2000/2481, reg. 26 and (S.) (31.1.2001 except insofar as it made modifications to the 1970 c. 40) by S.S.I. 2000/453, reg. 26); (N.I.) (15.1.1996) by S.R. 1995/451, reg. 24 (with reg. 23)

C2 Pt. IV modified (21.6.1996) by S.I. 1996/1342, reg. 3, Sch. 1

Pt. IV modified (8.9.1999) by S.I. 1999/2325, reg. 7(1)(2), 8 (as amended: (E.) (20.3.3001) by S.I. 2001/541, reg. 7(a); (W.) (1.8.2001) by S.I. 2001/2253, reg. 7(a))

Pt. IV extended (W.) (1.3.2001) by S.I. 2001/343, reg. 22

C3 Pt. IV (except s. 78(10)): Functions of the Secretary of State, the Secretary of State for Scotland or the Secretary of State for Wales transferred to the Minister of Agriculture, Fisheries and Food (27.12.1999) by S.I. 1999/3141, art. 2(1)(5), 3, Sch.

Pt. IV: power to make regulations amended (E.W.) (temp.) by S.I. 2000/656, reg. 14

Preliminary U.K.

66 Interpretation of Part IV. U.K.

(1) In this Part of this Act—

• “agricultural analyst” means an agricultural analyst appointed under section 67 of this Act and, unless the context otherwise requires, includes a deputy agricultural analyst so appointed for the same area;

• “analysis” includes any process for determining any fact as to the nature, substance or quality of any material;

• “animal” includes any bird, insect or fish;

• “enforcement authority” has the meaning assigned by section 67(3) of this Act;

• “feeding stuff” means feeding stuff [F1 for pet animals and] for such descriptions of animals as may be prescribed, being animals which, or kinds of which, are commonly kept for the production of food, wool, skins or fur or for the purpose of their use in the farming of land;

• “fertiliser” means a fertiliser used for the cultivation of crops or plants of any description, including trees;

• “fish” includes shellfish;

• “inspector” means an inspector appointed under section 67 of this Act;

• “the Minister” means, in relation to England and Wales, the Minister of Agriculture, Fisheries and Food and, in relation to Scotland, the Secretary of State;

• “the Ministers” means the Minister of Agriculture, Fisheries and Food and [F2 the Secretary of State for Scotland and the Secretary of State for Wales] acting jointly;

• [“ F3 pet animal” means any animal belonging to a species normally kept and nourished but not consumed by man, not being an animal which has been or may be prescribed for the purpose of the definition of “feeding stuff";]

• “prescribed” means prescribed by regulations;

• “prescribed metric substitution”, in relation to a quantity specified in any provision of this Part of this Act in terms of tons, pounds, or gallons, means any quantity expressed in terms of metric units of measurement which regulations may direct to be substituted in that provision, either generally or in prescribed circumstances, for the quantity so specified, being a quantity so expressed appearing to the Ministers appropriate to be so substituted having regard to the convenience of persons likely to be affected and with a view to the effective execution of this Part of this Act;

• “regulations” means regulations made as provided in section 84 of this Act;

• “sampled portion”, in relation to any material, means a prescribed amount of that material from which a sample has been taken by an inspector in the prescribed manner, being an amount—

(a) consisting either—

(i) entirely of material packed in one or more containers; or

(ii) entirely of material not so packed; and

(b) not exceeding, in the case of an amount consisting of material so packed, the requisite quantity, that is to say, five tons or 1,000 gallons or the prescribed metric substitution, except where—

(i) it consists of material packed in a single container; or

(ii) it consists of material packed in two or more containers each of which holds less than the requisite quantity, in which case the prescribed amount may be the contents of the lowest number of those containers which together hold the requisite quantity;

“statutory statement"has the meaning assigned by section 68(1) of this Act.

(2) For the purposes of this Part of this Act material shall be treated as sold for use as a fertiliser or feeding stuff whether it is sold to be so used by itself or as an ingredient in something which is to be so used.

(3) Any material consigned to a purchaser shall not for the purposes of this Part of this Act be deemed to be delivered to him until it arrives at the place to which it is consigned whether the consignment is by direction of the seller or the purchaser.

(4) Where any material is delivered to a purchaser in two or more consignments this Part of this Act shall apply separately to each consignment.

(5) For the purposes of this Part of this Act, the appropriation of any material by one person for use—

(a) in the performance for hire or reward of services to another person in pursuance of a contract in that behalf, or

(b) under arrangements with another person not constituting a sale of the material to that other person, being arrangements which are intended to benefit both the person appropriating the material and that other person but under which the probability or extent of any benefit to that other person may be affected by the quality of the material,

shall be treated as a sale of that material to that other person by the person so appropriating it, and references to sale or purchase and cognate expressions shall be construed accordingly.

Subordinate Legislation Made

P1 S. 66: for previous exercises of this power see Index to Government Orders

P2 S. 66(1): s. 74A (with ss. 66(1), 67(5), 75(1), 76(1), 77, 78(2)(4)(6), 79(1)(2)(9) and 84) power exercised by S.I. 1991/973

S. 66(1): s. 68(1) (with ss. 66(1), 68(1A)(3), 69(1)(3)(6)(7), 70(1), 73(3), 74(1), 74A and 84) power exercised by S.I.1991/1475

Textual Amendments

F1 Words inserted by S.I. 1982/980, reg. 4(a)

F2 Words substituted by S.I. 1978/272, Sch. 5 para. 1

F3 Definition added by S.I. 1982/980, reg. 4(b)

Modifications etc. (not altering text)

C4 S. 66 modified by S.I. 1982/1144, reg. 9(a)

C5 S. 66 modified by S.R. (N.I.) 1986/67 reg. 19(1)

C6 S. 66 modified by S.R. (N.I.) 1988/188 reg. 21(1)(2)

C7 Certain functions of Minister of Agriculture, Fisheries and Food under Pt. IV now exercisable (W.) by Secretary of State or Minister and Secretary of State jointly: S.I. 1978/272, art. 2, Sch. 1

C8 S. 66(1) modified by S.R. (N.I.) 1978/240, 1982/338, reg. 8

C9 S. 66(1) modified by S.R. (N.I.) 1990/286, reg. 12(a)

C10 S. 66(1) modified by S.I. 1990/887, reg. 12(a) (which S.I. was revoked (1.11.1991) by S.I. 1991/2197, reg. 13

C11 S. 66(1) modified (20. 5. 1991) by S.I. 1991/973, reg. 8(a)

C12 S. 66(2) modified by S.I. 1988/396, regs. 21(1)(2), 23