The EC Fertilisers (Scotland) Regulations 2006
| Jurisdiction | Scotland |
| Citation | SSI 2006/543 |
| Year | 2006 |
(1) These Regulations may be cited as the EC Fertilisers (Scotland) Regulations 2006 and shall come into force on 4th December 2006.(2) These Regulations extend to Scotland only.(1) In these Regulations–a reference to a numbered Article or numbered Annex is a reference to the Article in, or Annex to, the Community Regulation so numbered;any reference to a numbered regulation is a reference to the regulation so numbered in these Regulations;any reference to a numbered paragraph is a reference to the paragraph so numbered in the regulation in which that paragraph occurs unless the reference is expressly stated to relate to a paragraph of an Article in the Community Regulation; andwords or expressions that are used in the Community Regulation and these Regulations have the same meaning in these Regulations as in the Community Regulation.it is of a type listed in Annex 1 (list of types of UK fertilisers) , andthe manufacturer is established in accordance with Article 4 (establishment within the United Kingdom) .(2) Any manufacturer who contravenes paragraph (1) shall be guilty of an offence.places on the market a fertiliser designated as fails to comply with Article 13(2) , are borne as specified in paragraph (1) of Article 9 (markings) ;comply with Article 9(2) ;include an expression of contents as specified in paragraphs (1) (a) and (d) , (4) , (5) and (6) of Article 6 (compulsory statements) ;include the additional instructions called for by Article 9(3) , if it is a fluid fertiliser; andhave been provided as required by paragraph (1) of Article 7 (identification) .the identification markings appear as specified in the first sentence of Article 7(2) ;the packaging and labelling of the fertiliser complies with paragraphs (1) and (2) of Article 10 (labelling) ;the packaging complies with Article 12 (packaging) ; andthe language in which those identification markings appear complies with Article 11 (languages) .the identification markings appear as specified in the second sentence of Article 7(2) ;a copy of the documents containing the identification markings meets the requirements of Article 10(3) ; andthe language in which the identification markings appear complies with Article 11.that is designated as that is a fertiliser of the type described in Article 16 (scope) ; and in accordance with Articles 17 (declaration of secondary nutrients in primary nutrient fertilisers) , 18 (calcium, magnesium, sodium and sulphur) and 19 (identification) ; and as specified in Article 6(2) (c) , designated as a fertiliser of the type described in Article 20 (scope) ; and not marked in accordance with Article 21 (identification) or for which a declaration of calcium, magnesium, sodium and sulphur content is made otherwise than as specified in Article 6(2) (c) , designated as a fertiliser of the type described in Article 22 (scope) ; and not marked in accordance with Article 23 (identification) or not packaged in accordance with Article 24 (packaging) , Any manufacturer who fails to comply with the requirements of Article 8 (traceability) shall be guilty of an offence. (1) This regulation applies where the Scottish Ministers are of the opinion that a manufacturer is placing on the market fertiliser that does not comply with the Community Regulation but that manufacturer has not committed an offence under regulations 3 to 9.(2) If the Scottish Ministers are of the opinion described in paragraph (1) they may serve a notice in writing on the manufacturer giving reasons why they are of that opinion and requiring that manufacturer 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 referred to in paragraph (2) are those that the Scottish Ministers regard as appropriate to cause them to cease to be of the opinion referred to in paragraph (1) .(4) Any manufacturer who fails to comply with a notice served under paragraph (2) shall be guilty of an offence unless the notice has been withdrawn.(1) These Regulations and the Community Regulation shall be enforced by the council.(2) The council shall appoint inspectors for the purposes of these Regulations.(3) For the purposes of this Part “the council” means the council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 for the local government area designated by section 1(2) of, and Part I of Schedule 1 to, that Act.(1) An inspector shall, on producing, if so required, some duly authenticated document of authority, have a right at all reasonable hours to enter any premises for the purpose of ensuring that the provisions of these Regulations or the Community Regulation are being complied with.such other persons as the inspector considers necessary; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .(3) Admission to any premises used only as a private dwellinghouse shall not be demanded under paragraph (1) unless 24
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