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STATUTORY RULES OF NORTHERN IRELAND


2006 No. 503

AGRICULTURE

EC Fertilisers Regulations (Northern Ireland) 2006

  Made 6th December 2006 
  Coming into operation 1st February 2007 


CONTENTS


PART 1

General
1. Title and commencement
2. Interpretation

PART 2

Composition, labelling, records and compliance notices
3. Types of fertiliser for which designation "EC fertiliser" can be used
4. Tolerances
5. General provisions relating to identification, marking, labelling and packaging of EC fertilisers
6. Additional provisions relating to the marking and identification of inorganic primary nutrient fertilisers
7. Additional provisions relating to the marking and identification of inorganic secondary nutrient fertilisers
8. Additional provisions relating to the identification and packaging of inorganic micro-nutrient fertilisers
9. Records
10. Compliance notices

PART 3

Enforcement
11. Enforcement authorities
12. Powers of entry
13. Powers of inspectors
14. Obstruction

PART 4

Competent laboratories, treatment of samples and further controls
15. Competent laboratories
16. Treatment of samples
17. Remedial action and seizure
18. Safeguard measures

PART 5

Penalties
19. Penalties

PART 6

Disapplication of legislation
20. Disapplication of offence provisions
21. Disapplication of sampling and analysis provisions

The Department of Agriculture and Rural Development, being designated[
1] for the purposes of section 2(2) of the European Communities Act 1972[2], in relation to the common agricultural policy of the European Community, in exercise of the powers conferred upon it by the said section 2(2), makes the following Regulations:



PART 1

General

Title and commencement
     1. These Regulations may be cited as the EC Fertilisers Regulations (Northern Ireland) 2006 and shall come into operation on 1st February 2007.

Interpretation
    
2. —(1) In these Regulations—

    (2) In these Regulations—

    (3) The Interpretation Act (Northern Ireland) 1954[4] shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly.



PART 2

Composition, labelling and records

Types of fertiliser for which designation "EC fertiliser" can be used
     3. —(1) A manufacturer shall not place on the market a fertiliser designated as an "EC fertiliser" unless—

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

Tolerances
    
4. Any manufacturer who—

shall be guilty of an offence.

General provisions relating to identification, marking, labelling and packaging of EC fertilisers
    
5. —(1) Any manufacturer who places on the market a fertiliser designated as an EC fertiliser shall be guilty of an offence unless the identification markings relating to it—

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

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

Additional provisions relating to the marking and identification of inorganic primary nutrient fertilisers
    
6. Any manufacturer who places on the market a fertiliser—

Additional provisions relating to the marking and identification of inorganic secondary nutrient fertilisers
    
7. Any manufacturer who places on the market a fertiliser—

shall be guilty of an offence.

Additional provisions relating to the identification and packaging of inorganic micro-nutrient fertilisers
    
8. Any manufacturer who places on the market a fertiliser that is—

shall be guilty of an offence.

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

Compliance notices
    
10. —(1) This regulation applies where the Department 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 Department may serve a notice in writing on the person in question giving reasons why it 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 Department regards as appropriate to cause it, 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.



PART 3

Enforcement

Enforcement authorities
    
11. —(1) These Regulations and the Community Regulation shall be enforced by the Department.

    (2) The Department shall appoint inspectors for the purposes of these Regulations.

Powers of entry
    
12. —(1) An inspector shall, on producing, if so required, some duly authenticated document showing his authority, have a right at all reasonable hours to enter any premises for the purpose of ensuring that the provisions of these Regulations are being complied with.

    (2) He may take with him—

    (3) Admission to any premises used only as a private dwelling house shall not be demanded as of right unless 24 hours notice of the intended entry has been given to the occupier, or the entry is in accordance with a warrant granted under this regulation.

    (4) If a justice of the peace, on sworn information in writing, is satisfied that there are reasonable grounds for entry into any premises for the purposes of the enforcement of these Regulations, and either—

the justice may by warrant signed by him authorise the inspector to enter the premises, if need be by reasonable force and to take with him such persons as appears to be necessary.

    (5) A warrant under this section shall continue in force for one month.

    (6) If an inspector enters any unoccupied premises he shall leave them as effectively secured against unauthorised entry as he found them.

Powers of inspectors
    
13. —(1) An inspector entering premises under regulation 12 may—

    (2) For the purposes of paragraph 1(h), an inspector—

Obstruction
    
14. —(1) Any person who—

shall be guilty of an offence.

    (2) Nothing in paragraph (1)(b) shall be construed as requiring any person to answer any question if to do so might incriminate him.



PART 4

Competent laboratories, treatment of samples and further controls

Competent laboratories
    
15. —(1) The Department shall be responsible for granting or withdrawing authorisations for the purposes of Article 33 (competent laboratories).

    (2) In deciding whether to grant or withdraw authorisation under this regulation, the Department shall take into account the actual and expected competence of the laboratory to check compliance of fertilisers designated as EC fertilisers with the requirements of the Community Regulation.

    (3) A statement given by the Department to the operator of a laboratory in anticipation of the coming into force of this regulation that the laboratory is authorised for the purposes of Article 33 is deemed to be an authorisation under this regulation.

Treatment of samples
    
16. In any proceedings for an offence under these Regulations to which the content of a fertiliser is relevant—

Remedial action and seizure
    
17. —(1) Where an inspector has reasonable grounds to believe that a fertiliser designated as an EC fertiliser is one in relation to which an offence under these Regulations has been committed he may—

    (2) The action that may be so specified is action to ensure that the fertiliser is removed from the market and not placed on the market again until it can be so placed without an offence under these Regulations being committed.

    (3) A notice given under paragraph (1)(a) shall also specify the grounds for the inspector's belief.

    (4) Where an inspector has seized fertiliser under paragraph (1)(b)—

    (5) Any person who fails to comply with a notice given under paragraph (1)(a) shall be guilty of an offence.

Safeguard measures
    
18. —(1) Where a risk identified in Article 15 applies in relation to a fertiliser covered by that Article, the Department may direct any person whom it considers to be in charge of the fertiliser to take such action for mitigation or elimination of the risk as is specified in the direction.

    (2) A direction shall be given by notice served on the person in question.

    (3) If the Department considers that—

the direction shall be given to them by publicising it by those other means.

    (4) Any person who fails to comply with a direction given under this regulation shall be guilty of an offence unless the direction has been withdrawn.

    (5) In any proceedings for an offence under paragraph (4) it shall be a defence for the person accused to show that—



PART 5

Penalties

Penalties
    
19. A person guilty of an offence under these Regulations shall be liable—



PART 6

Disapplication of legislation

Disapplication of offence provisions
    
20. Where an act or omission is an offence under these Regulations it shall not be an offence under Part IV of the Agriculture Act 1970[5] or the Fertilisers Regulations (Northern Ireland) 1992[6].

Disapplication of sampling and analysis provisions
     21. The Fertilisers (Sampling and Analysis) Regulations (Northern Ireland) 1996[7] shall not apply to any sampling or analysis of fertilisers carried out pursuant to these Regulations.



Sealed with the Official Seal of the Department of Agriculture and Rural Development on


6th December 2006.

L.S.


D. Small
A senior officer of the Department of Agriculture and Rural Development


EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations which are made under section 2(2) of the European Communities Act 1972 implement in Northern Ireland Regulation (EC) No. 2003/2003 of the European Parliament and the Council relating to fertilisers ("the Community Regulation").

The Regulations create offences for breaches by manufactures of the requirements of the Community Regulation regarding designation, compositional tolerances, identification, marking, labelling and packaging of fertilisers designated as EC fertilisers (regulations 3 to 8). The term "manufacturer" is defined in Article 2 of the Community Regulation.

Manufacturers are required to keep records described in Article 8 (regulation 9).

Regulation 10 provides the Department of Agriculture and Rural Development with the power to serve compliance notices.

The Department of Agriculture and Rural Development is responsible for enforcing the Regulations and appointing inspectors for that purpose (regulation 11) and powers of inspection and offences of obstruction of inspectors are contained in regulations 12, 13 and 14 respectively.

Regulation 15 makes provision for the authorisation of laboratories competent to analyse samples and regulation 16 relates to the taking and analysis of samples for the purpose of the Regulations.

Inspectors have powers to require remedial action to be taken regarding fertiliser designated as EC fertiliser in respect of which they think and offence under the Regulations is being committed, or to seize the fertiliser (regulation 17).

Regulation 18 provides the Department of Agriculture and Rural Development with a power to give directions for the mitigation or elimination of risk in circumstances where it has justifiable grounds for believing that an EC designated fertiliser, although complying with the requirements of the Community Regulation, constitutes a risk to safety or health of humans, animals or plants or a risk to the environment.

Penalties for offences under the Regulations are established by regulation 19.

Regulation 20 and 21 disapply the provisions of—

No regulatory impact assessment has been prepared in respect of these Regulations as they have no impact on the cost of business. A transposition note has been prepared copies of which can be obtained from Defra – Nutrient Management Unit, Area 5C, 9 Millbank, C/O 17 Smith Square, London SW1P 3JR. Email: Gary.beckwith@defra.gsi.gov.uk. A copy has been placed in the library of each House of Parliament.


Notes:

[1] S.I. 2000/2812back

[2] 1972 c. 68back

[3] O.J. No. L304, 21.11.2003, p. 1back

[4] 1954 c. 33 (NI)back

[5] 1970 c.40back

[6] S.R. 1992 No. 187 as amended by S.R. 1995 No. 49, S.R. 1997 No. 378 and S.R. 1998 No. 353back

[7] S.R. 1996 No. 513back



ISBN 0 337 96752 0


 © Crown copyright 2006

Prepared 11 December 2006


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URL: http://www.bailii.org/nie/legis/num_reg/2006/20060503.html