Agriculture Act 1970

[F1 74A

(1) Regulations under this Part of this Act, with a view to controlling in the public interest the composition [F2 , content or function] of fertilisers and of material intended for the feeding of animals, may make provision—

(a) prohibiting or restricting, by reference to its composition [F2 , content or function], the importation into and exportation from the United Kingdom, the sale or possession with a view to sale, or the use, of any prescribed material;

(b) regulating the marking, labelling and packaging of prescribed material and the marks to be applied to any container or vehicle in which any prescribed material is enclosed or conveyed.

[F3 (1A) Regulations made under subsection (1) above with respect to fertilisers may, for the purposes of assessing, monitoring or enforcing compliance with such regulations or otherwise mitigating risks to human, animal or plant health or the environment presented by fertilisers, include provision—

(a) for the carrying out of procedures to assess the composition, content or function of any material (“assessment procedures”);

(b) conferring on a public authority functions relating to market surveillance and regulation;

(c) requiring the keeping or provision of information.

(1B) Provision for assessment procedures which is made under subsection (1A)(a) above may include provision—

(a) as to how and when assessment procedures are to be carried out;

(b) as to the persons by whom assessment procedures are to be carried out or verified and the functions of such persons;

(c) conferring on a public authority functions relating to the appointment and registration of persons referred to in paragraph (b) and authorising delegation of those functions;

(d) for appeals against decisions taken in relation to assessment procedures or appointments and registration;

(e) for the charging of fees in respect of assessment procedures (such fees not to exceed the reasonable costs of carrying out the procedures);

(f) conferring on a public authority functions relating to the registration of fertilisers which, on the basis of assessment procedures carried out on them, meet the requirements of the regulations.

(1C) The functions which may be conferred on a public authority under subsection (1A)(b) above include—

(a) powers to require the carrying out of further assessment procedures;

(b) powers to prohibit or restrict the carrying out of an activity in relation to fertilisers;

(c) powers to require the taking of action in relation to fertilisers;

(d) powers to require the withdrawal from sale, or the recall from purchasers, of fertilisers;

(e) powers to impose monetary penalties in cases where the public authority considers that there has been a failure to comply with the regulations;

(f) powers of entry and inspection, including powers of taking samples and of seizing or destroying any material.

(1D) Regulations under subsection (1A)(c) may not impose or confer a duty or power requiring or authorising the disclosure or use of information where the disclosure or use would (taking the duty or power into account) contravene the data protection legislation (which for these purposes has the same meaning as in the Data Protection Act 2018).

(1E) Regulations made under subsection (1) above may—

(a) make provision that is incidental, consequential or supplementary to provision made under subsections (1A) to (1C), including provision—

(i) amending or repealing EU Regulation 2003/2003 of 13 October 2003 relating to fertilisers, and

(ii) amending or repealing other [F4 assimilated direct] legislation;

(b) provide for a person to exercise a discretion in relation to any matter.

(1F) In this section “public authority” means a person exercising functions of a public nature.]

(2) Regulations made under subsection (1) above with respect to any material may include provision excluding or modifying the operation in relation to that material of any other provision of this Part of this Act; but, subject to any provision so made, references in this Part of this Act to feeding stuffs shall apply to all material which is intended for the feeding of animals and with respect to which regulations are for the time being in force under that subsection.

(3) Any person who contravenes any prohibition or restriction imposed by regulations under subsection (1) above, or fails to comply with any other provision of the regulations, shall be liable on summary conviction to a fine not exceeding [F5 level 5 on the standard scale] or, on a second or subsequent conviction, to a fine not exceeding [F5 level 5 on the standard scale] or to imprisonment for a term not exceeding three months, or to both.

(4) With a view to [F6 supplementing [F7 assimilated direct] legislation] relating to fertilisers or to material intended for the feeding of animals, regulations may provide for the application, in relation to any material specified in the regulations, of all or any of the provisions of this Part of this Act, subject to any modifications which may be so specified.]

Subordinate Legislation Made

P1 S. 74A: 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. 74A: s. 74A (with ss. 66(1), 68(1)(1A)(3), 69(1)(3)(6)(7), 70(1), 73(3), 74(1) and 84) power exercised by S.I. 1991/1475

P2 S. 74A: for previous exercises of power see Index to Government Orders

P3 S. 74A (with ss. 66(1), 75(1), 76(1), 77, 78(2), (4) and (6), 79(1), (2) and (9), 84 and 86(1), (2), (3) and (9)) power exercised by S.R.1991/540

P4 S. 74A: S. 74A (with ss. 66(1), 68(1)(1A) and (3), 69(1), (3), (6) and (7), 70(1), 74(1), 74A and 84) power exercised by S.I.1991/2840

P5 S. 74A(1)(2)(4): s. 84 (with ss. 66(1), 68(1)(2)(3), 69(1)(3)(6)(7), 70(1), 74(1), 74A(1)(2)(4)) power exercised by S.I.1991/2197

Textual Amendments

F1 S. 74A inserted by European Communities Act 1972 (c. 68), Sch. 4 para. 6

F2 Words in s. 74A(1) substituted (11.11.2020 for specified purposes, 11.1.2021 in so far as not already in force) by Agriculture Act 2020 (c. 21), ss. 33(3), 57(1)(b)(c)(6)

F3 S. 74A(1A)-(1F) inserted (11.11.2020 for specified purposes, 11.1.2021 in so far as not already in force) by Agriculture Act 2020 (c. 21), ss. 33(4), 57(1)(b)(c)(6)

F4 Words in s. 74A(1E) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (S.I. 2023/1424), reg. 1(2), Sch. para. 6

F5 Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 35, 46, (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289E–289G and (N.I.) 1984/703 (N.I. 3), arts. 5, 6

F6 Words in s. 74A(4) substituted (31.12.2020) by The Fertilisers and Ammonium Nitrate Material (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/601), regs. 1(2), 7; 2020 c. 1, Sch. 5 para. 1(1)

F7 Words in s. 74A(4) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (S.I. 2023/1424), reg. 1(2), Sch. para. 6

Modifications etc. (not altering text)

C1 S. 74A(1) transfer of functions (15.2.2006) by Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2006 (S.I. 2006/304), art. 1(1), Sch. (with art. 5)

C2 S. 74A(2) transfer of functions (15.2.2006) by Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2006 (S.I. 2006/304), art. 1(1), Sch. (with art. 5)

C3 S. 74A(3) amendment to earlier affecting provision SI 2001/343 reg. 24(1) (W.) (1.5.2003) by The Feeding Stuffs (Amendment) (Wales) Regulations 2003 (S.I. 2003/989), regs. 1(1), 4

C4 S. 74A(3) amendment to earlier affecting provision SI 2001/343 reg. 24(1) (W.) (1.8.2003) by The Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (Wales) Regulations 2003 (S.I. 2003/1850), regs. 1(2), 7

C5 S. 74A(3) amendment to earlier affecting provision SI 2000/453 reg. 25 (S.) (1.8.2003) by Feeding Stuffs (Scotland) Amendment (No.2) Regulations 2003 (S.S.I. 2003/312), regs. 1(2), 6

C6 S. 74A(3) amendment to earlier affecting provision SI 2001/343 reg. 24(1) (W.) (3.12.2003) by Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (Wales) (No.2) Regulatons 2003 (S.I. 2003/3119), regs. 1(2), 3(3)

C7 S. 74A(3) amendment to earlier affecting provision SI 2000/2481 reg. 25(1) (E.) (8.12.2003) by Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (England) (No.2) Regulations 2003 (S.I. 2003/2912), regs. 1, 3(3)

C8 S. 74A(3) amendment to earlier affecting provision SI 2000/2481 reg. 25(1) (E.) (1.6.2004) by Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (England) Regulations 2004 (S.I. 2004/1301), regs. 1, 3(3)

C9 S. 74A(3) amendment to earlier affecting provision SI 2001/343 reg. 24(1) (W.) (9.7.2004) by The Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (Wales) Regulations 2004 (S.I. 2004/1749), regs. 1, 3(3)

C10 S. 74A(3) amendment to earlier affecting provision SI 2001/343 reg. 24(1) (W.) (24.11.2004) by The Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (Wales) (No. 2) Regulations 2004 (S.I. 2004/3091), regs. 1, 3(3)

C11 S. 74A(3) modified (N.I.) (1.1.2006) by The Feeding Stuffs Regulations (Northern Ireland) 2005 (S.R. 2005/545), regs. 1, 22(1)

C12 S. 74A(3) modified (S.) (1.1.2006) by The Feeding Stuffs (Scotland) Regulations 2005 (S.S.I. 2005/605), regs. 1(1), 23

C13 S. 74A(3) modified (W.) (25.1.2006) by The Feeding Stuffs (Wales) Regulations 2006 (S.I. 2006/116), regs. 1, 23

C14 S. 74A(3): in relation to liability on first and subsequent convictions, Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 35 applies (E.W.) and S.I. 1984/703 (N.I. 3) art. 9 applies (N.I.)

C15 S. 74A(3): Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289E (in relation to liability on first and subsequent convictions), applies (S.)

C16 S. 74A(3) modified: (E.) (29.10.2000) by S.I. 2000/2481, reg. 25; (S.) (31.1.2001) by S.S.I. 2000/453, reg. 25 (as amended (1.7.2002) by S.S.I. 2002/285 reg. 5)

s. 74A(3) modified (W.) (1.3.2001) by S.I. 2001/343, reg. 24

C17 S. 74A(3) excluded (E.) (23.11.2010) by The Animal Feed (England) Regulations 2010 (S.I. 2010/2503), regs. 1, 14(9)

C18 S. 74A(3) excluded (S.) (23.11.2010) by The Animal Feed (Scotland) Regulations 2010 (S.S.I. 2010/373), regs. 1, 14(9)

C19 S. 74A(3) excluded (N.I.) (23.11.2010) by The Animal Feed Regulations (Northern Ireland) 2010 (S.R. 2010/355), regs. 1, 14(9)

C20 S. 74A(3) excluded (W.) (23.11.2010) by The Animal Feed (Wales) Regulations 2010 (S.I. 2010/2652), regs. 1, 14(9)

C21 S. 74A(4) transfer of functions (15.2.2006) by Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2006 (S.I. 2006/304), art. 1(1), Sch. (with art. 5)