The Fertilisers Regulations 1990

Explanatory Note

(This note is not part of the Regulations)

1.  These Regulations, which apply throughout Great Britain, consolidate and supersede the Fertilisers Regulations 1977 and the Fertilisers (Amendment) Regulations 1984. They implement the directives listed in paragraph 2 below, and incorporate changes in the law which are described in paragraph 5 below.

2.  The directives implemented are

• Council Directive 76/116/EEC (OJ No. L24, 30.1.76, p. 21) on the approximation of the laws of the Member States relating to fertilisers;

• Council Directive 80/876/EEC (OJ No. L250, 23.9.80, p. 7) on the approximation of the laws of the Member States to straight ammonium nitrate fertilisers of high nitrogen content;

• Council Directive 88/183/EEC (OJ No. L83, 29.3.88, p. 33) amending Directive 76/116/EEC in respect of fluid fertiliser.

3.  The Regulations provide for the designation and sale as EEC fertilisers of materials meeting certain specified requirements, and apply also to materials intended for use as fertilisers which are not so designated (regulations 2 and 3). They prescribe names for and descriptions of such materials (regulations 4 and 5 and Schedule 1), and particulars and information to be given in the statutory statements required by law to be provided when such materials are sold for such use. The marking and labelling of materials held for sale are controlled by regulation 8 and Schedule 2.

4.  Special provision for the marking of certain imported materials is made in regulation 9. Regulation 10 provides for the use in certain cases of a registered mark in the place of the particulars otherwise required. The use of metric measures in the sampling of materials is specified in regulation 12.

5.  New provisions in respect of fluid fertilisers (which were not previously covered by the Regulations) are to be found in regulations 4(1) and (5), 7(c), 9(c) and 10(1)(c), Section C of Schedule 1 and Part I of Schedule 2.

6.  References to “kilograms” in regulations 7(c) and 9(c) and paragraphs 1(c) and 3(b) of Part II of Schedule 2 replace references to “litres” in the superseded Regulations.

7.  The Regulations come into force on 21st May 1990.