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PART 2E+WComposition, labelling and records

Types of fertiliser for which designation “[F1UK] fertiliser” can be usedE+W

3.—(1) No manufacturer shall place on the market a fertiliser designated as [F2a “UK] fertiliser” unless—

(a)it is of a type listed in Annex I; and

(b)he is established in accordance with Article 4 (establishment within [F3United Kingdom]).

(2) Any person who contravenes paragraph (1) shall be guilty of an offence.

Textual Amendments

TolerancesE+W

4.  Any manufacturer who—

(a)places on the market a fertiliser designated as [F4a UK fertiliser] the content of which does not comply with the tolerances specified in paragraphs (1) and (3) of Article 13 (tolerances); or

(b)fails to comply with Article 13(2),

shall be guilty of an offence.

Textual Amendments

General provisions relating to identification, marking, labelling and packaging of [F5UK ] fertilisersE+W

5.—(1) Any manufacturer who places on the market a fertiliser designated as [F6a UK] fertiliser shall be guilty of an offence unless the identification markings relating to it—

(a)are borne as specified in paragraph (1) of Article 9 (markings);

(b)comply with Article 9(2);

(c)include a declaration of contents as specified in paragraphs (1)(a) and (d), (4), (5) and (6) of Article 6 (compulsory statements);

(d)include the additional instructions called for by Article 9(3) if it is a fluid fertiliser; and

(e)have been provided as specified in paragraph (1) of Article 7 (identification).

(2) Any manufacturer who places on the market a packaged fertiliser designated as [F7a UK] fertiliser shall be guilty of an offence unless—

(a)the identification markings appear as specified in the first sentence of Article 7(2);

(b)the packaging and labelling of the fertiliser complies with paragraphs (1) and (2) of Article 10 (labelling);

(c)the packaging complies with Article 12 (packaging); and

(d)the language in which the identification markings appear complies with Article 11 (languages).

(3) Any manufacturer who places on the market a bulk fertiliser designated as [F8a UK] fertiliser shall be guilty of an offence unless—

(a)the identification markings appear as specified in the second sentence of Article 7(2);

(b)a copy of the documents containing them meets the requirements of Article 10(3); and

(c)the language in which the identification markings appear complies with Article 11.

Textual Amendments

Additional provisions relating to the marking and identification of inorganic primary nutrient fertilisersE+W

6.  Any manufacturer who places on the market a fertiliser—

(a)that is designated as [F9a UK] fertiliser;

(b)that is a fertiliser of the type described in Article 16 (scope); and

(c)for which a declaration of calcium, magnesium, sodium and sulphur content is made other than—

(i)in accordance with Articles 17 (declaration of secondary nutrients in primary nutrient fertilisers), 18 (calcium, magnesium, sodium and sulphur) and 19 (identification), and

(ii)as specified in Article 6(2)(c),

shall be guilty of an offence.

Textual Amendments

Additional provisions relating to the marking and identification of inorganic secondary nutrient fertilisersE+W

7.  Any manufacturer who places on the market a fertiliser—

(a)that is designated as [F10a UK] fertiliser;

(b)that is a fertiliser of the type described in Article 20 (scope);

(c)that is not marked in accordance with Article 21 (identification); and

(d)for which a declaration of calcium, magnesium, sodium and sulphur content is made otherwise than as specified in Article 6(2)(c),

shall be guilty of an offence.

Textual Amendments

Additional provisions relating to the identification and packaging of inorganic micro-nutrient fertilisersE+W

8.  Any manufacturer who places on the market a fertiliser that is—

(a)designated as [F11a UK] fertiliser;

(b)a fertiliser of the type described in Article 22 (scope);

(c)not marked in accordance with Article 23 (identification); and

(d)not packaged in accordance with Article 24 (packaging),

shall be guilty of an offence.

Textual Amendments

RecordsE+W

9.  Any manufacturer who fails to comply with the requirements of Article 8 (traceability) shall be guilty of an offence.

Compliance noticesE+W

10.—(1) This regulation applies where either or both the Secretary of State (in England) and the [F12Welsh Ministers] (in Wales) is of the opinion that a person is a manufacturer placing on the market fertiliser that does not comply with the Community Regulation, but that person has not committed an offence under regulations 3 to 9.

(2) The Secretary of State and the [F12Welsh Ministers] may each serve a notice in writing on the person in question giving reasons why he, or as the case may be, [F13they], is of that opinion and requiring him to take such steps as are specified in the notice within such period (being not less than 14 days except in an emergency) as is so specified.

(3) The steps to be so specified are steps that the Secretary of State, or the [F12Welsh Ministers], as the case may be, regards as appropriate to cause him, or [F14them], no longer to be of the opinion in paragraph (1).

(4) Failure to comply with such a notice is an offence unless the notice has been withdrawn.

Textual Amendments