The Fertilisers Regulations (Northern Ireland) 1992

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

PART I — PROVISIONS 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 designated as an EEC fertiliser, the words “EEC FERTILISER” in capital letters;

• (b) the name of the material in accordance with regulation 4, modified as follows where necessary to indicate the presence of secondary nutrients and/or trace elements.Where the presence of one or more secondary nutrients is declared, the following shall be added “containing ” followed by the name or names of the secondary nutrients or their chemical symbols in the order magnesium, sodium, sulphur.Where the presence of one or more trace elements is declared, one of the following shall be added:—

• either “with trace elements”,

• or “with ” followed by the name or names of the traceelement(s) or their chemical symbol(s).Where several trace elements are present they shall be listed in the alphabetical order of their chemical symbols:B Co Cu Fe Mn Mo Zn;

• (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 set out in the same order as the names in the second column of the table.In the case of materials in Groups 5 and 6 of Section B and Groups 3 and 4 of Section C these shall relate to and be in the order N, P₂O₅, K₂O; and, where appropriate, shall include a zero where no nutrient is present; where the presence of one or more secondary nutrients is declared, the figures indicating their contents may be added in parentheses after the numbers for N, P₂O₅ and K₂O;

• (d) save as provided in sub-paragraph (g) 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 and in Groups 2 or 3 of Section C, of the table in Schedule 1, shall be expressed in the order N, P₂O₅ (P) and K₂O (K), as appropriate;

• (e) the declared content of magnesium, sodium or sulphur or any mixture of these secondary nutrients, where they are present in accordance with the minimum levels laid down in table 1(b) of this Schedule.The declared content shall be expressed in the manner described in paragraphs 6, 7 and 8 of this Schedule;

• (f) the declared content of any trace element, or mixture of trace elements added to the fertiliser as an ingredient in the course of manufacture or preparation for sale, where they are present in accordance with the minimum levels laid down in table 1(a) of this Schedule.The presence of trace elements which occur naturally in the fertiliser may also be declared if they meet the minimum levels set out in table 1(a) of this Schedule.The declared content shall be expressed in alphabetical order of the chemical name and in the manner described in paragraphs 6, 7 and 8 of this Schedule;

• (g) 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);

• (h) 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;

• (i) except in the case of materials sold or offered for sale designated as EEC fertilisers, the name of any pesticide or herbicide;

• (j) 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;

• (k) guaranteed weight for solid fertilisers and guaranteed volume for fluid fertilisers.Quantities of fluid fertiliser, sold or offered for sale as an EEC fertiliser, shall also be expressed by mass;

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

• (m) in the case of products specified in Section D of the table to Schedule 1 the following instruction—

• To be used only where there is recognised need. Do not exceed the appropriate application rates.

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

3

If an indication of the nutrient content, including secondary nutrients, 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, MgO, Na₂O, SO₃ and for N, P₂O₅ and K₂O 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 paragraphs 1(d), 1(e) and 1(f) 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) Calcium oxide (CaO)

• (f) Sodium oxide (Na₂O)

• (g) Sulphur trioxide (SO₃)

• (h) Chlorine (Cl)

• (i) Boron (B)

• (j) Cobalt (Co)

• (k) Copper (Cu)

• (l) Iron (Fe)

• (m) Manganese (Mn)

• (n) Molybdenum (Mo)

• (o) Zinc (Zn)

and where all or part of the trace element is chemically linked with an organic molecule named in table 2, the name of that element followed by “chelated by ” followed by the name of the chelating agent or its abbreviation as set out in table 2 to this Schedule.

7

The content expressed in terms of the elemental forms Phosphorus (P), Potassium (K), Magnesium (Mg), Calcium (Ca), Sodium (Na) and Sulphur (S) 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);

• (c) Magnesium oxide (MgO) × 0.6 = Magnesium (Mg);

• (d) Calcium oxide (CaO) × 0.715 = Calcium (Ca);

• (e) Sodium oxide (Na₂O) × 0.742 = Sodium (Na);

• (f) Sulphur trioxide (SO₃) × 0.400 = Sulphur (S).

8

For basic slag, Thomas phosphates, Thomas slag, basic slag medium concentrations 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.Otherwise, and 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.

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).In the case of fluid fertilisers which are for foliage spraying, the soluble calcium content may be declared if it is not less than 8% calcium oxide (5.7% calcium).

PART II — REQUIREMENTS 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 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 containers, on the containers, or on labels held in place by whatever system is used for closing the container;

• (c) in the case of fertilisers in any 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 designated 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 container shall be closed in such a way or by such a system that, when it is opened, the fastening, the fastening seal 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(j) of Part I of this Schedule.

Signed

Sealed with the Official Seal of the Department of Agriculture for Northern Ireland on

I. C. Henderson — Assistant Secretary — 8th April 1992.

Explanatory note

(This note is not part of the Regulations)

1 These Regulations, re-enact with amendments the Fertilisers Regulations (Northern Ireland) 1990.They implement the European Community 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 relating 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 fertilisers; Council Directive 89/284/EEC (OJ No. L111, 22.4.89, p. 34) supplementing and amending Directive 76/116/EEC in respect of the calcium, magnesium, sodium and sulphur content of fertilisers; Council Directive 89/530/EEC (OJ No. L281, 30.9.89, p. 116) supplementing and amending Directive 76/116/EEC in respect of the trace elements boron, cobalt, copper, iron, manganese, molybdenum and zinc contained in fertilisers.

3 The Regulations specify the requirements which must be met before materials may be designated and sold as EEC fertilisers 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 (regulation 5 and Schedule 2).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 mark, the meaning of which can be ascertained from a register kept in accordance with that regulation.The enforcement of certain provisions is provided for in regulation 11 and the use of metric measures in the sampling of materials is specified in regulation 12.Provisions in respect of EEC fluid fertilisers 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.

5 The principal changes in the law consist of provisions relating to the declaration of the calcium, magnesium, sodium and sulphur content of EEC fertilisers and the incorporation in EEC fertilisers and declaration of the trace elements boron, cobalt, copper, iron, manganese, molybdenum and zinc.These provisions are to be found in regulations 1(4) (interpretation) and 2(4) (packaging), Schedule 1, Sections D and E and Schedule 2, paragraphs 1(k), (l) and (m), 6 and 7.Provision is also made in the Table in Schedule 1 for EEC fertilisers kieserite with potassium sulphate and calcium nitrate solution.

6 The Regulations come into operation on 18th May 1992, but subject to regulation 1(2) in the case of material, not designated as an EEC fertiliser, sold or offered for sale loose or in large containers before 1st June 1992 or in small containers before 1st February 1993.

7 Any person who contravenes any provision of these Regulations shall be liable on summary conviction to a fine not exceeding level 5 (£2,000) on the standard scale or to imprisonment for a term not exceeding three months, or to both.

Footnotes

[^f00001]: See definitions of “prescribed” and “regulations”

[^f00002]: 1970 c. 40; section 74A was inserted by s. 4(1) of, and paragraph 6 of Schedule 4 to the European Communities Act 1972 (c. 68) and there are other amendments to the Act not relevant to these Regulations

[^f00003]: S.I. 1976/897

[^f00004]: 1972 c. 68; section 2 is subject to Schedule 2 to that Act and is to be read with S.I. 1984/703 (N.I. 3) and S.R. 1984 No. 253

[^f00005]: 1954 c. 33 (N.I.)

[^f00006]: S.R. 1990/286