Fertilisers and Feeding Stuffs Regulations 1973
| Jurisdiction | UK Non-devolved |
| Citation | SI 1973/1521 |
| Year | 1973 |
1973 No. 1521
AGRICULTURE
The Fertilisers and Feeding Stuffs Regulations 197329thAugust 1973
18thSeptember 1973
1stJanuary 1974
ARRANGEMENT OF REGULATIONS
Regulation
1. Citation, commencement and interpretation.
2. Descriptions of animals for the purposes of the definition of feeding stuff.
3. Prescribed amount for the purposes of the definition of sampled portion.
4. Manner of taking, dividing, marking, sealing and fastening of samples.
5. Qualifications of agricultural analysts and deputy agricultural analysts.
6. Prescribed descriptions of material and particulars and information to be contained in the statutory statement.
7. Control of feeding stuffs containing added substances.
8. Manner of marking particulars on sales of small quantities.
9. Time by which a statutory statement relating to certain material must be given.
10. Manner of marking material.
11. Modification of section 69(1) and (2) for certain imported material.
12. Register of marks.
13. Meanings of names of material.
14. Limits of variation.
15. Methods of analysis of fertilisers and feeding stuffs.
16. Forms of certificate of analysis.
17. Methods of sending part of a sample.
18. Period within which analysis of the oil content of a feeding stuff must be carried out.
SCHEDULES
Schedule 1. Manner of taking, dividing, marking, sealing and fastening of
samples
Part I Provisions applicable to both fertilisers and feeding stuffs
Part II Provisions applicable to solid fertilisers
Part III Provisions applicable to solid feeding stuffs
Part IV Division, marking, sealing and fastening of sample
Schedule 2. Prescribed descriptions of material and particulars and
information to be contained in the statutory statement.
Part I Fertilisers.
Part II Feeding stuffs.
Schedule 3. Permitted additives and provisions relating to their use and marking.
Schedule 4. Meanings of names of material.
Part I Fertilisers.
Part II Feeding stuffs.
Schedule 5. Limits of variation.
Part I Fertilisers.
Part II Feeding stuffs.
Schedule 6. Methods of analysis of fertilisers.
Schedule 7. Methods of analysis of feeding stuffs.
Schedule 8. Forms of certificate of analysis.
Part I Certificate of analysis of fertiliser.
Part II Certificate of analysis of feeding stuff.
The Minister of Agriculture, Fisheries and Food and the Secretary of State, acting jointly, in exercise of the powers conferred on them by sections 66(1), 67(5), 68(1), (2) and (3), 69(1), (3), (6) and (7), 70(1), 74(1), 74A (inserted by section 4(1) of, and paragraph 6 of Schedule 4 to, the European Communities Act 1972 (a)), 75(1), 76(1), 77, 78(2), (4) and (6), 79(1), (2) and (9) and 84 of the Agriculture Act 1970(b) and of all other powers enabling them in that behalf, hereby make the following regulations after consultation with such persons or organisations as appear to them to represent the interests concerned:—
Citation, commencement and interpretation
1.—(1) These regulations may be cited as the Fertilisers and Feeding Stuffs Regulations 1973, and shall come into operation on 1st January 1974.
(2) In these regulations, unless the context otherwise requires—
"the Act" means the Agriculture Act 1970, as amended by section 4(1) of, and paragraph 6 of Schedule 4 to, the European Communities Act 1972;
"compound feeding stuff" and "feed supplement" have the meanings assigned to them respectively by paragraph 4 of Part II of Schedule 2:
AND other expressions have the same meaning as in the Act.
(a) 1972 c. 68.
(b) 1970 c. 40.
(3) The Interpretation Act 1889(a) shall apply to the interpretation of these regulations as it applies to the interpretation of an Act of Parliament.
(4) Any reference in these regulations to a numbered regulation or schedule shall be construed as a reference to the regulation or schedule bearing that number in these regulations.
(5) Any reference in these regulations to a numbered section shall, unless the reference is to a section of a specified Act, be construed as a reference to the section bearing that number in the Act.
Descriptions of animals for the purposes of the definition of feeding stuff
2. The following descriptions of animals are hereby prescribed for the purposes of the definition of feeding stuff in section 66(1), that is to say, bulls, cows, steers, heifers, calves, sheep, goats, swine, horses, rabbits, mink, partridges, pheasants, poultry, bees, trout and salmon.
Prescribed amount for the purposes of the definition of sampled portion
3.—(1) The prescribed amount of material for the purposes of the definition of sampled portion in section 66(1) shall be determined in accordance with the provisions of this regulation.
(2) In relation to solid material which is packed in bags, sacks or packages, the prescribed amount shall be the quantity of material present or 5 tons, whichever is the less.
(3) In relation to solid material which is packed in bulk containers—
(a) if any of those containers holds not less than 5 tons of material, the prescribed amount shall be the contents of any such container;
(b) if all the containers together hold not less than 5 tons of material and every container holds less than 5 tons, the prescribed amount shall be the contents of the lowest number of containers which together hold not less than 5 tons;
(c) if all the containers together hold less than 5 tons of material or if all the material is in one container, the prescribed amount shall be the quantity of material present.
(4) In relation to solid material which is loose in heaps or bays—
(a) if the material is in more than one heap or bay, any of which contains not less than 5 tons of material, the prescribed amount shall be the contents of any heap or bay containing not less than 5 tons;
(b) if all the heaps or bays together contain not less than 5 tons of material and every heap or bay contains less than 5 tons, the prescribed amount shall be the contents of the lowest number of heaps or bays which together contain not less than 5 tons;
(c) if all the heaps or bays together contain less than 5 tons or if all the material is in one heap or bay, the prescribed amount shall be the quantity of material present.
(a) 1889 c. 63.
(5) In relation to liquid material in containers—
(a) if any of those containers holds not less than 1000 gallons of material, the prescribed amount shall be the contents of any such container;
(b) if all the containers together hold not less than 1000 gallons of material and every container holds less than 1000 gallons, the prescribed amount shall be the contents of the lowest number of containers which together hold not less than 1000 gallons;
(c) if all the containers together hold less than 1000 gallons of material, the prescribed amount shall be the quantity of material present.
Manner of taking, dividing, marking, sealing and fastening of samples
4. The manner in which samples are to be taken, divided, marked, sealed and fastened in cases where under Part IV of the Act they are taken in the prescribed manner shall be as set out in Schedule 1.
Qualifications of agricultural analysts and deputy agricultural analysts
5. The prescribed qualifications for an agricultural analyst or a deputy agricultural analyst for the purposes of section 67(5) shall be that he shall be an associate member or a fellow of the Royal Institute of Chemistry and that his practical experience of chemical analysis and microscopy, as applied to fertilisers and feeding stuffs, shall be attested by another agricultural analyst or deputy agricultural analyst appointed under section 67(3) of the Act or in accordance with section 11 of the Fertilisers and Feeding Stuffs Act 1926(a).
Prescribed descriptions of material and particulars and information to be contained in the statutory statement
6. The descriptions of material prescribed for the purposes of sections 68(1) and 69(1) shall be those set out in the first column of the tables in Parts I and II of Schedule 2 and the particulars or information required by the said section 68(1) to be contained in a statutory statement relating to any such material shall be the particulars or information specified in relation thereto in paragraph 1 of, and the second column of the table in, the said Part I or Part II as the case may be, subject to the provisions of the said Part I or Part II.
Control of feeding stuffs containing added substances
7.—(1) No person shall sell or have in possession with a view to sale for use as a feeding stuff or use as a feeding stuff or import into Great Britain for such use any material containing any added antioxidant, colourant, emulsifier, stabiliser, binder, vitamin D2 or D3, copper or urea or any added substance of a description specified in the first column of Part V of the table in Schedule 3 unless the material complies with the provisions of that Schedule as respects content and, where appropriate, marking and it shall be an offence if a sampled portion of any such material does not comply with the provisions of that Schedule as regards content.
(2) The provisions of this regulation shall not apply as respects any antioxidant, colourant, emulsifier, stabiliser, binder, vitamin D2 or D3, copper or urea or substance as aforesaid which is—
(a) for use only in accordance with a prescription given by a veterinary surgeon or veterinary practitioner for the treatment of a particular animal or herd under his care;
(a) 1926 c. 45.
(b) a medicinal product or for use for a medicinal purpose in a feeding stuff;
(c) for use only for the purpose of scientific research or experiment and is not generally available for sale, purchase or use in a feeding stuff;
(d) intended for exportation to a destination outside the United Kingdom and is clearly marked or labelled to that effect.
In this regulation the expressions "a medicinal product" and "a medicinal purpose" have the meanings assigned to them by section 130(1) and (2) respectively of the Medicines Act 1968(a).
(3) No person shall use as a feeding...
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