EU requirements: Regulation (EC) 2003/2003 (the “EC Fertilisers Regulation”) sets out requirements for mineral fertilisers consisting of one or more plant nutrients sold in the EU. Please note that other fertilisers are governed by EU Member State national legislation. In addition to specific chemical and technical requirements, the EC Fertilisers Regulation sets out labelling, traceability, and information requirements. The EC Fertilisers Regulation will be replaced by Regulation (EU) 2019/1009 (the “New EU Fertilising Products Regulation”) with effect from July 16, 2022.
It is your responsibility to comply with the EU requirements if you are selling fertilisers in the EU. You must also comply with national laws and regulations in Member States in which you sell these products.
Please see below for further information about EU requirements.
UK Requirements: Until the end of the Brexit transition period (December 31, 2020), the EC Fertilisers Regulation sets out requirements for mineral fertilisers consisting of one or more plant nutrients sold in the UK. In addition to specific chemical and technical requirements, the EC Fertilisers Regulation sets out labelling, traceability, and information requirements. The UK Fertilisers Regulation 1991 (No. 2197) also sets out requirements for the labelling and packaging of fertilisers sold in the UK.
After the end of the Brexit transition period (December 31, 2020), an amended version of the EC Fertilisers Regulation will apply to the supply and sale of fertilizers in the UK as a result of The fertilisers and Ammonium Nitrate Material (Amendment) (EU Exit) Regulations 2019 (the “UK Regulation on Fertiliser Products”). Different rules apply to goods you sell in: (1) Great Britain (England, Scotland and Wales); and (2) Northern Ireland. We have noted below where there will be relevant changes in the UK requirements following the Brexit transition period.
It is your responsibility to comply with the UK requirements if you are selling fertilisers in the UK. If you also sell on Amazon EU websites, then you must also comply with the EC Fertilisers Regulation and with other national requirements in the countries in which you sell these products.
Please see below for further information about UK requirements.
This material is for informational purposes, and you should not take it as a substitute for legal advice. We encourage you to consult your legal counsel for any concerns about the laws and regulations relating to your product. This material only reflects the position at the date of writing and requirements in the EU and the UK may change – particularly in light of the developing position with Brexit. You should refer to current UK Brexit guidance about your products (where available) to learn more about changes that may affect you following the end of the transition period.
The EC Fertilisers Regulation applies to fertilisers (defined as a material, the main function of which is to provide nutrients for plants) that belongs to one of the types listed in Annex I of the EC Fertilisers Regulation and are designated as EC Fertilisers.
The EC Fertilisers Regulation applies to manufacturers of fertilisers. However, you are considered to be the manufacturer if you are responsible for offering a fertiliser for sale or supply in the EU. Offering a fertiliser for sale or supply in the EU includes:
In particular, you will be considered a manufacturer if you are a producer, importer, a packager working for your own account, or if you change the characteristics of a fertiliser.
Distributors who do not change the characteristics of a fertiliser are not deemed to be the manufacturer.
Importantly, the manufacturer must be established in the EU and is responsible for the conformity of the fertiliser with the EC Fertiliser Regulation.
Fertiliser designation
Fertilisers that are marked as "EC Fertiliser" are able to freely circulate in the EU. Fertilisers that meet the requirements of the EC Fertiliser Regulation and belong to a type of fertiliser listed in Annex I can be marked as "EC fertiliser".
A fertiliser can only be included in Annex I if:
Fertilisers that do not comply with the requirements of the EC Fertiliser Regulation must not be designated as an "EC Fertiliser".
The EC Fertiliser Regulation contains specific provisions relating to particular types of fertiliser. You must ensure compliance with these provisions to the extent they apply to your fertiliser products.
Labelling and information
Packages, labels, and accompanying documents must bear the following markings. These markings must be clearly separated from any other information on the packages, labels, and accompanying documents:
If the fertilisers are packed, these identification markings shall appear on the packages or labels. If the fertilisers are in bulk, these markings shall appear on the accompanying documents. Packaged fertilisers must be closed in such a way, manually or by a device, that ensures that the fastening, fastening seal, or the package itself gets irreparably damaged once it is opened. Valve sacks may be used.
Fluid fertilisers sold in the EU must be accompanied by suitable additional instructions, which must cover, in particular, storage temperature and prevention of accidents during storage.
Additional optional identification information can also be marked, for example, indications of dose rates.
Language
The label, the markings on the package, and the accompanying documents must appear in the national language or languages of Member States in which the EC fertiliser is sold.
Traceability
The EC Fertilisers Regulation requires the manufacturer to maintain records of the origin of the fertilisers. These records must be available for inspection by Member State authorities as long as the fertiliser is being supplied to the EU and for a period of two years after the manufacturer has stopped supplying it.
There are no general EU-level registration requirements. However, high nitrogen content ammonium nitrate fertilisers must pass a “resistance to detonation” test and the test results must be submitted to the relevant competent authorities at least 5 days before offering the fertiliser for sale or supply in the EU, or in the case of imports, at least 5 days before the arrival of the fertiliser at the borders of the EU. Following this, the manufacturer should continue to ensure that all fertilisers sold in the EU can pass the test.
Although the EC Fertilisers Regulation does not impose obligations on distributors as long as they are not considered to be a manufacturer (see “Who has obligations under the EU requirements”), distributors do have obligations under the General Product Safety Directive when selling to consumers.
These include:
The New EU Fertilising Products Regulation will repeal the EC Fertilisers Regulation. Changes to the regulatory regime include:
We strongly encourage you to visit the European Commission’s websites for more information on the EU requirements for fertilisers:
http://ec.europa.eu/DocsRoom/documents/8871/attachments/1/translations/?locale=en
http://ec.europa.eu/growth/sectors/chemicals/legislation_en
The UK requirements for fertiliser products apply to all products sold in the UK, but the provisions apply differently to Great Britain (England, Scotland and Wales, “GB”) and Northern Ireland. You can read more about the position in Northern Ireland (“NI”) below.
The UK requirements for fertiliser products apply to fertilisers (defined as a material, the main function of which is to provide nutrients for plants) that belong to one of the types listed in Annex I of the EC Fertilisers Regulation and are designated as “EC Fertilisers” (until the end of the Brexit transition period) or Annex I of the UK Regulation on Fertiliser Products and are designated as “UK Fertilisers” (after the end of the Brexit transition period).
The UK requirements apply to manufacturers of fertilisers. However, you may be considered to be the manufacturer if you are responsible for offering a fertiliser for sale or supply in GB. Offering a fertiliser for sale of supply in GB includes:
In particular, you will be considered a manufacturer if you are a producer, importer, a packager working for your own account, or if you change the characteristics of a fertiliser.
Distributors who do not change the characteristics of a fertiliser are not deemed to be the manufacturer.
Importantly, the manufacturer is responsible for the conformity of the fertiliser with the UK requirements for fertilisers. Until the end of the Brexit transition period (December 31, 2020) the manufacturer must be established within the EU. After the end of the Brexit transition period, the manufacturer must be established in GB.
Fertiliser designation
Fertilisers that meet the UK requirements for fertilisers can be marked with one of the following designations which enable the fertiliser to freely circulate in the UK:
A fertiliser can only be included in Annex I if:
Fertilisers that do not comply with the requirements must not be designated as either an "EC Fertiliser" (until the end of the Brexit transition period) or a “UK Fertiliser” (after the end of the Brexit transition period).
The UK requirements for fertilisers contain specific provisions relating to particular types of fertiliser. You must ensure compliance with these provisions to the extent they apply to your fertiliser product(s).
Labelling and information
Packages, labels, and accompanying documents must bear the following markings. These markings must be clearly separated from any other information on the packages, labels, and accompanying documents:
If the fertilisers are packed, these identification markings shall appear on the packages or labels. If the fertilisers are in bulk, these markings shall appear on the accompanying documents. Packaged fertilisers must be closed in such a way, manually or by a device, that ensures that the fastening, fastening seal, or the package itself gets irreparably damaged once it is opened. Valve sacks may be used.
Fluid fertilisers sold in the UK must be accompanied by suitable additional instructions, which must cover, in particular, storage temperature and prevention of accidents during storage.
Additional optional identification information can also be marked, for example, indications of dose rates.
Language
The label, the markings on the package, and the accompanying documents must appear in English. Information may also appear in other languages in addition to English.
Traceability
The EC Fertilisers Regulation requires the manufacturer to maintain records of the origin of the fertilisers. These records must be available for inspection by UK enforcement authorities as long as the fertiliser is being supplied to the UK and for a period of two years after the manufacturer has stopped supplying it. The enforcement authorities in the UK are Trading Standards, local Scottish Councils and the Department of Agriculture, Environment and Rural Affairs in Northern Ireland.
There are no general registration requirements. However, high nitrogen content ammonium nitrate fertilisers must pass a “resistance to detonation” test and the test results must be submitted to the Secretary of State for the Department for Environment, Food and Rural Affairs at least 5 days before offering the fertiliser for sale or supply in GB, or in the case of imports, at least 5 days before the arrival of the fertiliser in GB. Following this, the manufacturer should continue to ensure that all fertilisers sold in the UK can pass the test.
Although the EC Fertilisers Regulation does not impose obligations on distributors as long as they are not considered to be a manufacturer (see the “Who has obligations under the UK requirements?” section, above), distributors do have obligations under the UK’s General Product Safety Regulation when selling to consumers.
These include:
Please note that different rules will apply in NI from January 1, 2021, as a result of the Northern Ireland Protocol. In particular:
The UK Government has released guidance on selling products in GB and NI after Brexit. This guidance provides information for manufacturers, importers and distributors regarding compliance requirements from January 1, 2021, including on:
We encourage you to review this guidance (linked below), alongside any other specific UK Government guidance that applies to your product. You should consult your legal counsel if you have questions about how the laws and regulations apply to your products from January 1, 2021.
The Brexit guidance can be found here:
We strongly encourage you to visit the following UK Government websites for more information on the UK requirements for fertilisers, including changes as a result of Brexit from January 1, 2021:
https://www.gov.uk/guidance/manufacturing-and-marketing-fertilisers-from-1-january-2021
We also encourage you to visit the Business Companion website, which contains further guidance on UK product compliance rules: