S.I. No. 13/1978 - European Communities (Marketing of Fertilisers) Regulations, 1978.

1. Nutrient elements

—N

1·1

—P

0·48

—K

0·91

2. Total negative deviations from the declared value

—binary fertilisers

NP,

N+2·29P

1·5

NK,

N+1·2K

1·5

PK,

2·29P+1·2K

1·5

—ternary fertilisers

N+2·29P+1·2K

1·9

(

f

) The tolerance allowed in respect of the declared content for the various forms of nitrogen is one-tenth of the overall content of the nutrient concerned with a maximum of 2 % by weight, provided that the overall content of that nutrient remains within the limits specified in Annex I and the tolerances specified in paragraph (

e

) above.

The tolerance allowed in respect of the declared solubilities of phosphorus is one-tenth of the overall content of the nutrient with a maximum of ·87% by weight, provided that the overall content of the nutrient remains within the limits specified in Annex I and the tolerances specified in paragraph (

e

) above.

PART IV.

CERTIFICATE OF RESULT OF ANALYSIS OF A FERTILISER.

Sample of.............................marked................

received by the Analyst on .......................................from .........................................

which was taken at the premises of............................................................ ................

This is to certify that the above-mentioned sample which was duly fastened and sealed, has been analysed by........................ under the direction of the State Chemist, and that the result of the analysis is as follows

Per Cent

Total Nitrogen (N)

.........................................

Ammoniacal Nitrogen (N)

.........................................

Nitric Nitrogen (N)

..........................................

Ureic Nitrogen (N)

..........................................

Cyanamide Nitrogen (N)

..........................................

Phosphorus (P) soluble in neutral Ammonium Citrate and in water

...........................................

Phosphorus (P) soluble in water

...........................................

Phosphorus (P) soluble in neutral Ammonium Citrate

..........................................

Phosphorus (P) soluble in mineral acids only

.........................................

Phosphorus (P) soluble in Alkaline Ammonium Citrate (Petermann)

.........................................

Phosphorus (P) soluble in 2 % citric acid

............................................

Phosphorus (P) soluble in mineral acids, of which at least 75 % of the declared phosphorus content is soluble in Alkaline Ammonium Citrate (Joulie)

..............................................

Phosphorus (P) soluble in mineral acids, of which at least 55 % of the declared phosphorus content is soluble in 2 % formic acid

........................................

Potassium (K) soluble in water

.........................................

Water soluble Magnesium (Mg) salts expressed as Magnesium

.............................................

Total Magnesium (Mg)

..........................................

Chlorine (C)

...............................................

Amount found to pass through a 0·160 mm sieve

.............................................

Amount found to pass through a 0·063 mm sieve

..............................................

On comparison of the results of the analysis with the particulars accompanying the sample it appears that the particulars furnished:—

*are correct, subject to the prescribed tolerance limits

*are not correct subject to the prescribed tolerance limits, in the following respects:—

This Certificate is given under Section of the

Date .................................................

Signed ..........................................................

State Chemist

*Delate as appropriate

GIVEN under my Official Seal, this 19th day of January, 1978.

JAMES GIBBONS,

Minister for Agriculture.

EXPLANATORY NOTE

The Regulations—

(1) provide for a designation "EEC fertiliser",

(2) lay down criteria with which fertilisers marketed under the designation 'EEC fertiliser' must comply.

3. In the case of PK fertilisers containing only one of the following types of phosphatic fertiliser

Thomas slag, calcined phosphate, aluminium-calcium phosphate, soft ground rock phosphate, the type designation must be followed by an indication of the phosphate ingredient.

The declaration of the solubility of the P must be given in accordance with the following solubilities

—for fertilisers based on Thomas slag; solubility (6b);

—for fertilisers based on calcined phosphate: solubility (5);

—for fertilisers based on aluminium calcium phosphate: solubility (7);

—for fertilisers based on soft ground rock phosphate: solubility (8).

Thomas slag

at least 75% able to pass through a sieve with a mesh of' 0·160 mm

Aluminium-calcium phosphate

at least 90% able to pass through a sieve with a mesh of 0·160 mm

Calcined phosphate

at least 75% able to pass through a sieve with a mesh of 0·160 mm

Soft ground rock phosphate

at least 90% able to pass through a sieve with a mesh at least of 0.063 mm

Partially solubilized rock phosphate

at least 90% able to pass through a sieve with a mesh of 0·160 mm

*18% (P+K) to be calculated by multiplying the nutrient contents P and K by 2·29 and 1·2 respectively and adding the results of such multiplication.

PART II.

PARTICULARS REFERRED TO IN REGULATION 4 (1) (

e

) (i).

(

a

) The declared content in respect of each nutrient must be given; and the declared content expressed as forms and/or solubilities where those are specified in Annex I must also be given.

(

b

) The nutrient content for straight and compound fertilisers must be given as a percentage by weight, as whole numbers or, where necessary, to one decimal place and for compound fertilisers in the following order, N, P and K.

(

c

) The forms and solubilities of the nutrients must also be expressed as a percentage by weight of fertiliser, except where Annex I explicitly provides that this content shall be otherwise expressed.

(

d

) Nutrients must be indicated both in words and by the appropriate chemical symbols (e.g. nitrogen (N), phosphorus (P), potassium (K), magnesium (Mg)).

PART III

TOLERANCES

(

a

) The tolerances given in this Part are the permitted deviation of the measured value of a nutrient from its declared value.

(

b

) They are intended to accommodate variations in manufacturing, sampling and analysis.

(

c

) No tolerances are allowed in respect of the minimum and maximum contents specified in Annex I.

(

d

) Where no maximum is given there are no restrictions on an excess of nutrient above the declared amount.

(

e

) The tolerance allowed in respect of the declared nutrient contents in the various types of fertiliser are as follows

A. STRAIGHT FERTILISERS

absolute value in percentage by weight expressed as N, P, K, Mg, Cl

I. Nitrogenous fertilisers

calcium nitrate

0·4

calcium-magnesium nitrate

0·4

sodium nitrate

0·4

chile nitrate

0·4

calcium cyanamide

1·0

nitrogenous calcium cyanamide

1·0

ammonium sulphate

0·3

Ammonium nitrate or calcium ammonium: nitrate

—up to and including 32 %

0·8

—more than 32%

0·6

ammonium sulphate-nitrate

0·8

magnesium sulphonitrate

0·8

magnesium ammonium nitrate

0·8

urea

0·4

II. Phosphatic fertilisers

Thomas slag

—declaration expressed as a range of 2% by weight

0

declaration expressed as a single number

0·44

Other phosphatic fertilisers

P solubility in: (number of fertiliser in Annex 1)

—mineral acid

(3, 6, 7)

0·35

—formic acid

(7)

0·35

—neutral ammonium citrate

(2a, 2b, 2c)

0·35

—alkaline ammonium citrate

(4, 5, 6)

0·35

—water

(2a, 2b, 3)

0·40

(2c)

0·57

III. Potassic fertilisers

kainit

1·25

enriched kainit salt

0·83

muriate of potash

—up to and including 45%

0·83

—more than 45%

0·415

potassium chloride containing magnesium salt

1·25

sulphate of potash

0·415

sulphate of potash containing magnesium salt

1·25

Other components

magnesium

0·54

chlorine

0·2

B. COMPOUND FERTILISERS

absolute value in percentage by weight expressed as N, P, K, Mg, Cl

4. PK FERTILISERS.

(1)

(2)

(3)

(4)

(5)

Total

For each of the nutrients

N

P

K

N

P

PK Fertiliser

Product obtained chemically or by blending, without addition of organic nutrients of animal or vegetable origin

18%* (P+K)

2·18% P 4·15% K

(1) Water-soluble P

(2) P soluble in neutral ammonium citrate

(3) P soluble in neutral ammonium citrate and in water

(4) P soluble in mineral acids only

(5) P soluble in alkaline ammonium citrate (Petermann)

(6a) P soluble in mineral acids of which at least 75% of the declared P content is soluble in 2% citric acid.

(6b) P soluble in 2% citric acid

(7) P soluble in mineral acids of which at least 75% of the declared P content is soluble in alkaline ammonium citrate (Joulie)

(8) P soluble in mineral acids, of which at least 55% of the declared P content is soluble in 2% formic acid declared P content is soluble in 2% formic acid

Water-soluble K

S.I. No. 13 of 1978.

EUROPEAN COMMUNITIES (MARKETING OF FERTILISERS) REGULATIONS, 1978.

I, JAMES GIBBONS, Minister for Agriculture, in exercise of the powers conferred on me by

section 3

of the

European Communities Act, 1972

(No. 27 of 1972), for the purpose of giving effect to Council Directive No. 76/116/EEC hereby make the following regulations

1 Short title and commencement.

1.

These Regulations may be cited as the European Communities (Marketing of Fertilisers) Regulations, 1978 and shall come into effect on the 1st day of February, 1978.

2 Interpretation.

2.

(1) In these Regulations:—

"Annex I" means Annex I to the directive;

"Annex II" means Annex II to the directive;

"authorised officer" means an officer of the Minister authorised in writing by the Minister for the purposes of these Regulations;

"the directive" means Council Directive No. 76/116/EEC of 18 December, 1975

(a)

;

"Member State" means a Member State of the European Communities;

" the Minister" means the Minister for Agriculture;

"statute" has the same meaning as in

section 3

of the

Interpretation Act, 1937

(No. 38 of 1937);

"third country" means a country or territory which is not a Member State;

"State Chemist" means the head of the State Laboratory or a person authorised by him for the purposes of these Regulations.

(2) Any reference in these Regulations to place on the market or to marketing includes a reference to barter, offer or expose for sale by wholesale or retail, or have in possession for sale by wholesale or retail and invite to buy, and kindred words shall be construed accordingly.

(3) A word or expression that is used in these Regulations and is also used in the directive has, unless the contrary intention appears, the meaning in these Regulations that it has in the directive.

3 Application.

3.

These Regulations apply to any fertiliser which is designated as "EEC fertiliser".

4 Marketing requirements and responsible person.

4.

(1) A fertiliser to which these Regulations apply may not be marketed unless:—

(a)

OJ No. L 24/21, 30 January, 1976.

(

a

) it is a type of solid fertiliser specified in column (1) of Part I of the Schedule to these Regulations,

(

b

) it is a product described in column (2) of the said Part I opposite the mention in the said column (1) of its type of solid fertiliser,

(

c

) it complies with the requirements as to the minimum content of nutrients specified in column (3) of the said Part I opposite siuch mention and any other requirements so specified,

(

d

) it complies with the requirements (if any) specified in column (4) and (5) of the said Part I opposite such mention,

(

e

) there are given or used—

(i) the compulsory particulars mentioned in Part II of the said Schedule, and

(ii) the compulsory identification markings referred to in subparagraph (

a

), (

b

), (

d

) and (

e

) of paragraph 1 of Annex II to the directive,

(

f

) in case the measured value of a nutrient contained in the fertiliser deviates from the nutrient's declared value, such deviation is within the relevant tolerances specified in Part III of the said Schedule,

(

g

) in case the fertiliser is packaged, the provisions of Article 6 of the directive are complied with, and

(

h

) the labelling requirements of paragraph (2) of the said Annex II are complied with in relation to it,

and such particulars and markings shall,

(

i

) in case the quantity of fertiliser contained in a container does not exceed 100 kg., either be marked on the container or appear on a label attached to the container,

(

j

) in case the quantity of fertiliser so contained exceeds 100 kg., or in case the fertiliser is supplied in bulk, appear on documents documents accompanying the fertiliser.

(2) A fertiliser to which these Regulations apply shall not be placed on the market if the markings on the packages or labels relating to it, or on the documents accompanying it and which so relate, are markings other than—

(

a

) markings used for the purpose of complying with this Regulation,

(

b

) optional data (if any) regarding the fertiliser which is data listed in column (4) or (5) of Part I of the Schedule to these Regulations opposite the mention of the relevant solid fertiliser type,

(

c

) a mark or description mentioned in Article 4 (1) (

c

) of the directive,

(

d

) a direction mentioned in Article 4 (1) (

d

) of the directive, or

(

e

) markings permitted or required to be used by any act of the European Communities or by any statutory instrument made under

section 3

of the

European Communities Act, 1972

(No. 27 of 1972), other than these Regulations.

(3) In addition to the foregoing, the following requirements shall be complied with, namely—

(

a

) the indications referred to in subparagraphs (

c

) and (

d

) of paragraph (2) of this Regulation, or either of them, shall, if if used, not conflict with, and shall be clearly separated from, the markings mentioned in subparagraph (

a

) of the said paragraph (2) and, where used, the data mentioned in subparagraph (

b

) of that paragraph, and

(

b

) the markings and particulars referred to in paragraph (1) (

e

) of of this Regulation, any data which is data referred to in the said subparagraph (

b

), any mark or description which is a mark or description referred to in the said subparagraph (

c

) and any direction which is a direction referred to in the said subparagraph (

d

) shall be clearly separated from any other information on packages containing, or labels or other documents used in relation to a fertiliser to which these Regulations apply.

(4) The indications, markings or data mentioned in paragraph (2) of this Regulation shall, when given or used, be at least in the Irish language or the English language.

(5) A person who contravenes any of the foregoing provisions of this Regulation shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £200 or, at the discretion of the Court, to imprisonment for a term not exceeding six months.

5 Sampling on request.

5.

(1) Where a person has on his premises any fertiliser to which these Regulations apply which he has purchased and which he proposes to use in the course of his farming operations, he may apply in writing to the Minister to have a sample thereof taken for analysis.

(2) An application under this Regulation shall be—

(

a

) made in writing within the period of twenty-eight days beginning on the date on which the fertiliser to which the application relates was delivered to the applicant, and

(

b

) accompanied by a fee of £5.

(3) Where an application is duly made under this Regulation, an (authorised officer shall, subject to paragraph (4) of this Regulation, take in accordance with Regulation 3 of the European Communities Sampling and Analysis of Fertilisers) Regulations, 1978, and thereafter transmit to the State Chemist, a sample of the fertiliser to which the application relates.

(4) Where an application is made under this Regulation, the following provisions shall apply

(

a

) an authorised officer shall not take a sample after the expiration of the period of forty-two days beginning on the date on which the relevant fertiliser was delivered to the applicant,

(

b

) an authorised officer may, if he thinks fit, decline to take a sample if—

(i) he is not satisfied that the applicant has purchased such fertiliser, or

(ii) he is not satisfied that the applicant proposes to use such fertiliser in the course of his farming operations, or

(iii) he is not satisfied that such fertiliser as presented for sampling is fairly representative of the fertiliser as delivered to the applicant, or

(iv) the applicant does not furnish such information relating to such fertiliser as the authorised officer may require.

(5) Where the State Chemist receives a sample taken in pursuance of an application under this Regulation, he shall comply with the requirements of Regulation 4 of the European Communities (Sampling and Analysis of Fertilisers) Regulations, 1978, and shall send to the applicant a certificate, in the form set out in Part IV of the Schedule to these Regulations, of the result of the analysis.

(6) Subject to paragraph (7) of this Regulation, all fees under this Regulation shall be paid into or disposed of for the benefit of the Exchequer in accordance with the directions of the Minister for Finance and, accordingly, the Public Offices Fees Act, 1879, shall not apply in respect thereof.

(7) In any case in which he considers it proper so to do (not being a case in which the applicant has received a certificate under this Regulation), the Minister may refund a fee paid in relation to an application under this Regulation.

(8) For the purpose of this Regulation a fertiliser shall not be regarded as having been delivered to a purchaser unless it arrives at the destination to which it is consigned, whether the consignment is by direction of the supplier or the purchaser.

6 Records returns etc.

6.

(1) Every person who carries on, or is employed in connection with, the business of manufacturing, importing or marketing fertiliser which is designated "EEC fertiliser" shall—

(

a

) keep records of his transactions in such fertiliser;

(

b

) produce at the request of an authorised officer any books, documents or records relating to such business which are in the possession or under the control of such person;

(

c

) permit an authorised officer to inspect and take extracts from such books, documents or records and give to the officer any information which he may reasonably require in relation to any entries therein;

(

d

) afford to an authorised officer reasonable facilities for inspecting the stock of any such fertiliser which is for the time being on any premises on which such person carries on such a business;

(

e

) give to an authorised officer any information he may reasonably require in relation to such transactions including in particular information which he may reasonably require regarding any fertiliser which is so designated and is specified by him.

(2) A person who contravenes any of the provisions of paragraph (1) of this Regulation shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £200 or, at the discretion of the Court, to imprisonment for a term not exceeding six months.

7 Powers of authorised officers.

7.

(1) In addition to the powers conferred by Regulation 6 of these Regulations an authorised officer may at all reasonable times enter and inspect any premises, railway wagon, vehicle, ship, vessel, aircraft or other thing (e.g. a container) used to transport in which he has reasonable grounds for believing that any fertiliser to which these Regulations apply is being marketed, manufactured for sale, imported, stored or kept for sale or sold and may examine and take samples of any fertiliser designated as "EEC fertiliser" which he finds in the course of his inspection.

(2) In any proceedings for an offence under these Regulations evidence of the result of analysis of a sample taken under these Regulations may be given if it is proved that—

(

a

) the sample was taken in accordance with the European Communities (Sampling and Analysis of Fertilisers) Regulations, 1978,

(

b

) the analysis was carried out in accordance with the said Regulations,

and, save as aforesaid, evidence of the result of such an analysis shall not be given in any such proceedings.

(3) Any person who obstructs or interferes with an authorised officer in the course of exercising a power conferred on him under this Regulation shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £100.

(4) The Minister shall furnish an authorised officer with a certificate of his appointment and, when exercising any powers conferred by these Regulations, the officer shall if requested by any person affected, produce the certificate to that person.

8 Power to publish results of analyses.

8.

The Minister may at his decretion publish the result of any analysis to made by reason either of an application under Regulation 5 or of the taking of a sample pursuant to Regulation 7 of these Regulations.

9 Certificate of analysis as evidence.

9.

In any legal proceedings the production of a certificate in the form specified in Part IV of the Schedule to these Regulations and purporting to be signed by the State Chemist shall be sufficient evidence of the facts stated in the certificate and of the analysis having been carried out in accordance with the European Communities (Sampling and Analysis of Fertilisers) Regulations, 1978, unless either party requires the person who made the analysis to be called as a witness.

10 Tampering with sample s.

10.

If any person fraudulently—

(

a

) tampers with any thing so as to procure that any sample taken pursuant to Regulations 5 or 7 of these Regulations does not correctly represent the substance sampled, or

(

b

) tampers or interferes with any sample taken under these Regulations,

he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £100 or, at the discretion of the court, to imprisonment for a term not exceeding six months.

11 Additional responsible person.

11.

(1) (

a

) Where a fertiliser is placed on the market in contravention of Regulation 4 of these Regulations by a person other than the person who in relation to the fertiliser is the person described in paragraph 1 (

e

) of Annex II to the directive, then the person so described shall, if at the time of the contravention he has a place of business in the State, also be guilty of an offence.

(

b

) Where—

(i) a fertiliser is placed on the market in contravention of Regulation 4 of these Regulations by a person other than the person who in relation to the fertiliser is the person so described, and

(ii) the fertiliser is imported fertiliser and is so placed on the market by a person other than the importer,

then the person by whom the fertiliser was imported shall also be guilty of an offence.

(2) Proceedings for an offence under this Regulation, and for an offence under Regulation 4 of these Regulations shall not be brought in respect of the same act.

(3) (

a

) In any proceedings for an offence under this Regulation it shall be a defence for a defendant to prove that he took reasonable steps to avoid the relevant fertiliser being placed on the market in contravention of Regulation 4 of these Regulations.

(

b

) In any proceedings for an offence under paragraph (1) (

b

) of this Regulation it shall be a defence for the defendant to prove that at the time of the contravention the person who in relation to the fertiliser concerned is the person described in paragraph (1) (

e

) of Annex II to the directive had a place of business in the State.

(4) A person guilty of an offence under this Regulation shall be liable on summary conviction to a fine not exceeding £200 or, at the discretion of the Court, to imprisonment for a term not exceeding six months.

12 Prosecution of offences.

12.

An offence under these Regulations may be prosecuted by the Minister.

13 Saver.

13.

Nothing in these Regulations shall be construed as affecting a provision of any statute, whether passed before or after the making of these Regulations, which is a provision for the protection of human life or health, animal life or health, plant life or health or industrial or commercial property.

14 Amendment of Fertilisers, Feedingstuffs and Mineral Mixtures Regulations, 1957.

14.

The Fertilisers, Feedingstuffs and Mineral Mixtures Regulations, 1957 (

S.I. No. 264 of 1957

), shall not apply to any fertiliser to which these Regulations apply.

SCHEDULE.

PART 1.

Data required or permitted to be used by these Regulations.

A. STRAIGHT FERTILISERS.