The Fertilisers Regulations 1990

Register of marks

10.—(1) Except in the case of materials sold or offered for sale as EEC fertilisers, as respects any material of a description prescribed for the purposes of section 69(1) by regulation 5 which comprises—

(a) any fertiliser in packages of a description specified in Group 4 of Section A of the table in Schedule 1, or

(b) any solid fertiliser, other than a solid fertiliser in packages, of a description specified in Sections A and B of the table in Schedule 1, or

(c) any fluid fertiliser in a container of a capacity in excess of 100 kilograms, or

(d) any material, not being of a standard formulation on general sale by the seller concerned, which is specially manufactured or mixed to the order of a particular purchaser,

the matters required by section 69 to be marked on that material may be denoted by a mark whose meaning can be ascertained by reference to a register kept in accordance with this regulation.

(2) The register shall show those matters to which the mark relates, being matters required to be contained in a statutory statement relating to the material to which the mark relates, and the date of entry of those particulars in the register, and entries relating to material of a kind mentioned in paragraph (1)(d) of this regulation shall include the name and address of the purchaser, the date of the order and the amount ordered. The register shall be kept as a separate record in book form marked on the outside “Register of marks under section 69(6) of the Agriculture Act 1970” and shall be kept on the premises where the material is held for the purpose of selling it in the course of trade for use as a fertiliser, save that if the material is in a public store the register shall be kept on the premises of the person who has the material for sale.

(3) The period for which the register is to be preserved in accordance with section 69(7) shall be a period of 6 months commencing with the first day on which none of the materials referred to in the register remains on the premises for sale as aforesaid.