Fertiliser legislation UK

1. Regulation (EC) 2003/2003 European Fertilisers.

REGULATION (EC) No 2003/2003 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 13 October 2003 was introduced to ensure the free circulation on the Internal Market of "EC Fertilisers" i.e. those fertilisers that meet the requirements of the legislation in terms of nutrient content, safety, and absence of adverse effects on the environment. It replaced the 18 different European Directives governing mineral fertilisers that had been introduced since 1976.

The regulation was transposed into UK legislation through the EC Fertiliser (England and Wales) Regulations 2006 (SI No. 2486).

With many similarities existing between UK and EC fertiliser types, there are some significant differences in the types of fertilisers listed, many stemming from historical agricultural practices.

The regulation is constantly under review with ongoing minor revisions implemented through Adaptations to Technical Progress (ATPs). Revision of the regulation is undertaken by the EC Enterprise & Industry DG Fertilisers Working Group composed of representatives from Member States, EFTA countries and industry bodies.

The Fertilisers Regulations 1991

Fertilisers for sale in the UK do not have to be registered. The Fertilisers Regulations 1991 as amended specify the labelling and packaging of the product and place a responsibility on the manufacturer to declare the nutrient content of the product. The Regulations include a series of Schedules listing type designations of fertilisers.

View the Full Regulation at www.legislation.hmso.gov.uk/stat.htm

The Regulation comprises two principal schedules;

Schedule 1 Covers the prescribed description of materials, the meanings of names, particulars and information to be contained in the statutory statement and limits of variation. It is further sub-divided into two sections:

Section A lists straight fertilisers and liming products.
Section B covering compound fertilisers.

Schedule 2 Covers the manner of marking and labelling materials and fastening of packaged materials. This is again sub-divided into two sections;

Provisions as to the manner of marking material.
Requirements as to the manner of labelling material and fastening of packaged material.

5(a)	Ground burnt lime	Commercial calcium oxide containing not more than 27% magnesium as MgO and of which 100% will pass through a sieve of 6.3 mm.	Neutralising value	5.0% of amount stated
	Kibbled burnt lime	Commercial calcium oxide containing not more than 27% magnesium as MgO and of which 100% will pass through a sieve of 45 mm.	Neutralising value	5.0% of amount stated
	Burnt lime	Commercial calcium oxide containing not more than 27% magnesium as MgO.	Neutralising value	5.0% of amount stated
	Magnesian ground burnt lime	Commercial oxide obtained from magnesian limestone containing more than 27% magnesium expressed as MgO and of which 100% will pass through a sieve of 6.3 mm.	Neutralising value	5.0% of amount stated
	Magnesian kibbled burnt lime	Commercial oxide obtained from magnesian limestone containing more than 27% magnesium expressed as MgO and of which 100% will pass through a sieve of 45 mm.	Neutralising value	5.0% of amount stated
	Magnesian burnt lime	Commercial oxide obtained from magnesian limestone containing more than 27% magnesium as MgO.	Neutralising value	5.0% of amount stated
	Chalk	Cretaceous limestone.	Neutralising value	5.0% of amount stated
	Ground chalk	Cretaceous limestone of which 98% will pass through a sieve of 6.3 mm.	Neutralising value	5.0% of amount stated
	Screened chalk	Cretaceous limestone of which 98% will pass through a sieve of 45 mm.	Neutralising value	5.0% of amount stated
	Hydrated lime	Product obtained by slaking burnt lime or magnesian burnt lime of which not less than 95% will pass through a 150 micron sieve.	Neutralising value	5.0% of amount stated
	Ground limestone	Sedimentary rock consisting largely of calcium carbonate and containing not more than 15% of magnesium expressed as MgO and of which 100% will pass through a sieve of 5 mm, not less than 95% will pass through a sieve of 3.35 mm and not less than 40% will pass through a 150 micron sieve.	Neutralising value Amount of material as a percentage by weight that will pass through a 150 micron sieve	5.0% of amount stated
	Screened limestone Limestone dust	Sedimentary rock consisting largely of calcium carbonate and containing not more than 15% of magnesium expressed as MgO and of which 100% will pass through a sieve of 5 mm, not less than 95% will pass through a sieve of 3.35 mm and not less than 20% will pass through a 150 micron sieve.	Neutralising value Amount of material as a percentage by weight that will pass through a 150 micron sieve	5.0% of amount stated
	Coarse screened limestone Coarse limestone dust	Sedimentary rock consisting largely of calcium carbonate and containing not more than 15% of magnesium expressed as MgO and of which 100% will pass through a sieve of 5 mm, not less than 90% will pass through a sieve of 3.35 mm and not less than 15% will pass through a 150 micron sieve.	Neutralising value Amount of material as a percentage by weight that will pass through a 150 micron sieve	5.0% of amount stated
	Magnesian ground limestone	Sedimentary rock consisting largely of calcium and magnesium carbonates and containing not less than 15% of magnesium as MgO and of which 100% will pass through a sieve of 5mm, not less than 95% will pass through a sieve of 3.35 mm and not less than 40 % will pass through a 150 micron sieve.	Neutralising value Amount of material as a percentage by weight that will pass through a 150 micron sieve	5.0% of amount stated
	Magnesian screened limestone	Sedimentary rock consisting largely of calcium and magnesium carbonates and containing not less than 15% of magnesium as MgO and of which 100% will pass through a sieve of 5mm, not less than 95% will pass through a sieve of 3.35 mm and not less than 20% will pass through a 150 micron sieve.	Neutralising value Amount of material as a percentage by weight that will pass through a 150 micron sieve	5.0% of amount stated
	Coarse magnesian screened limestone Coarse magnesian limestone dust	Sedimentary rock consisting largely of calcium and magnesium carbonates and containing not less than 15% of magnesium as MgO and of which 100% will pass through a sieve of 5mm, not less than 90% will pass through a sieve of 3.35 mm and not less than 15% will pass through a 150 micron sieve.	Neutralising value Amount of material as a percentage by weight that will pass through a 150 micron sieve	5.0% of amount stated
	Pulverised shells	Pulverised calcareous sea shells of which 100% will pass through a sieve with a mesh of 6.3 mm.	Neutralising value	5.0% of amount stated
	Shell sand	Calcareous sea sand of which 100% will pass through a sieve with a mesh of 6.3 mm.	Neutralising value	5.0% of amount stated
	Mixed lime	A product resulting from mixing two or more forms of liming material specified in this schedule not being materials for which there is no minimum standard laid down in column 3 of this schedule or material produced during the manufacture of commercial burnt lime or hydrated lime.	Neutralising value Amount of material as a percentage by weight that will pass through a sieve with a mesh of 6.3 mm	5.0% of amount stated
	Furnace slag	The unamended by-product of iron manufacture which has been reduced in size so that 100% will pass through a sieve with a mesh of 5 mm, not less than 95% will pass through a sieve with a mesh of 3.35 mm, and not less than 40% will pass through a 150 micron sieve.	Neutralising value Amount of material as a percentage by weight that will pass through a 150 micron sieve	5.0% of amount stated
5(b)	Liming material named in accordance with Regulation 4(3)a	Any liming material not otherwise specified in Group 5(a) of Section A of this table and not injurious to plants or soil.	Neutralising value Amount of material as a percentage by weight that will pass through a sieve with a mesh of 5 mm Amount of material as a percentage by weight that will pass through a sieve with a mesh of 3.353 mm Amount of material as a percentage by weight that will pass through a 150 micron sieve	5.0% of amount stated

Specification within the 1991 Regulation to
consider when purchasing liming products

Name of Material (2) Lists the principal types of recognised natural quarried liming products available in the UK, together with other forms of calcareous of liming products including Sea Sand, Pulverised Shells, Mixed Lime Furnace (Silicate) slag and a 'Catch-all' category of not otherwise specified liming materials. ALL delivery/weighbridge documentation must state the specific type of product being supplied. The term 'Aglime' is both not legal and totally non-descriptive, it provides opportunity to include materials with both a high, totally inert silica content.

Meaning (3) A product origin description together with minimum specified levels of chemical analysis. Detailed percentages by weight that will pass through specified sieves, providing information on the speed of reaction in the soil – material passing the finest sieves will be easily and readily quickly absorbed into the soil solution and begin to neutralise negative hydrogen ions and soil acidity. Coarser materials will take longer to get broken down by actions of weather and cultivations to reduce acidity.

Declarations (4) Legally required for the supply and sale of liming materials;

Neutralising value – the declared neutralising value must be expressed as Calcium Oxide (CaO) this will vary according to the geological origin and parent rock – ask your supplier .
Sieves - The declared amount of material passing through the specified sieve expressed as a percentage by weight. Specific sieve sizes and percentages by weight apply to each type of liming material to optimise product efficiency. Generally material passing the 600 microns sieve appears to be an important cut-off point with respect to effectiveness.

The above statutory requirements are legally required to appear on all delivery/weighbridge documentation providing both security and proof that the product being purchased is both guaranteed and fit for purpose.

Limits of Variation (5) – The limits of variation prescribed in the schedule are the permitted variations of the measured from the declared content of a nutrient, secondary nutrient or trace element, or of the declared neutralising value, or of the measured from the declared amount of material passing through a specified sieve. In the case of liming materials the limits of variation in both neutralising value and the percentages by weight passing any specific sieve is 5%, greater variances render the product not legal within the product description.

Latest Update

Following a Ministerial request in August 2010, DEFRA initiated a review to undertake a study of fertiliser regulation in GB. As a start to the process DEFRA circulated background information and guidelines to stakeholders including the ALA, and representing the agricultural, environmental and regulatory sectors, in June 2011 a stakeholder workshop was held to explore and widen the discussion for possible options in the direction of a new regulation framework, structure and composition, that would have the capacity of accommodating present and future requirements of both producers and the agricultural industry. Any development or revision to GB Regulation must complement and facilitate both current and future EU Regulations; an early consultation document is planned for release in early 2012.

The Fertilisers (Sampling and Analysis) Regulations 1996 - S.I. No. 1342

This prescribes official methods for enforcement authorities when taking, handling samples and checking the accuracy of the nutrient declarations of fertilisers. The Regulations specify the qualifications of those who can take samples and the form of certification of analysis. (See also explanatory note from S.I. 2197).

To view the Regulation - The Fertilisers (Sampling and Analysis) Regulations 1996