EU requirements: Regulation (EC) 2003/2003 (the “EC Fertilizers Regulation”) sets out requirements for mineral fertilizers consisting of one or more plant nutrients sold in the EU. Please note that other fertilizers are governed by EU Member State national legislation. In addition to specific chemical and technical requirements, the EC Fertilizers Regulation sets out labelling, traceability, and information requirements. The EC Fertilizers 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 fertilizers 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 Fertilizers Regulation sets out requirements for mineral fertilizers consisting of one or more plant nutrients sold in the UK. In addition to specific chemical and technical requirements, the EC Fertilizers Regulation sets out labelling, traceability, and information requirements. The UK Fertilizers Regulation 1991 (No. 2197) also sets out requirements for the labelling and packaging of fertilizers sold in the UK.
After the end of the Brexit transition period (December 31, 2020), an amended version of the EC Fertilizers Regulation will apply to the supply and sale of fertilizers in the UK as a result of The fertilizers and Ammonium Nitrate Material (Amendment) (EU Exit) Regulations 2019 (the “UK Regulation on Fertilizer 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 fertilizers in the UK. If you also sell on Amazon EU websites, then you must also comply with the EC Fertilizers 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 Fertilizers Regulation applies to fertilizers (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 Fertilizers Regulation and are designated as EC Fertilizers.
The EC Fertilizers Regulation applies to manufacturers of fertilizers. However, you are considered to be the manufacturer if you are responsible for offering a fertilizer for sale or supply in the EU. Offering a fertilizer 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 fertilizer.
Distributors who do not change the characteristics of a fertilizer are not deemed to be the manufacturer.
Importantly, the manufacturer must be established in the EU and is responsible for the conformity of the fertilizer with the EC Fertilizer Regulation.
Fertilizer designation
Fertilizers that are marked as "EC Fertilizer" are able to freely circulate in the EU. Fertilizers that meet the requirements of the EC Fertilizer Regulation and belong to a type of fertilizer listed in Annex I can be marked as "EC fertilizer".
A fertilizer can only be included in Annex I if:
Fertilizers that do not comply with the requirements of the EC Fertilizer Regulation must not be designated as an "EC Fertilizer".
The EC Fertilizer Regulation contains specific provisions relating to particular types of fertilizer. You must ensure compliance with these provisions to the extent they apply to your fertilizer 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 fertilizers are packed, these identification markings shall appear on the packages or labels. If the fertilizers are in bulk, these markings shall appear on the accompanying documents. Packaged fertilizers 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 fertilizers 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 fertilizer is sold.
Traceability
The EC Fertilizers Regulation requires the manufacturer to maintain records of the origin of the fertilizers. These records must be available for inspection by Member State authorities as long as the fertilizer 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 fertilizers 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 fertilizer for sale or supply in the EU, or in the case of imports, at least 5 days before the arrival of the fertilizer at the borders of the EU. Following this, the manufacturer should continue to ensure that all fertilizers sold in the EU can pass the test.
Although the EC Fertilizers 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 Fertilizing Products Regulation will repeal the EC Fertilizers 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 fertilizers:
http://ec.europa.eu/DocsRoom/documents/8871/attachments/1/translations/?locale=fr
http://ec.europa.eu/growth/sectors/chemicals/legislation_fr
The UK requirements for fertilizer 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 fertilizer products apply to fertilizers (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 Fertilizers Regulation and are designated as “EC Fertilizers” (until the end of the Brexit transition period) or Annex I of the UK Regulation on Fertilizer Products and are designated as “UK Fertilizers” (after the end of the Brexit transition period).
The UK requirements apply to manufacturers of fertilizers. However, you may be considered to be the manufacturer if you are responsible for offering a fertilizer for sale or supply in GB. Offering a fertilizer 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 fertilizer.
Distributors who do not change the characteristics of a fertilizer are not deemed to be the manufacturer.
Importantly, the manufacturer is responsible for the conformity of the fertilizer with the UK requirements for fertilizers. 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.
Fertilizer designation
Fertilizers that meet the UK requirements for fertilizers can be marked with one of the following designations which enable the fertilizer to freely circulate in the UK:
A fertilizer can only be included in Annex I if:
Fertilizers that do not comply with the requirements must not be designated as either an "EC Fertilizer" (until the end of the Brexit transition period) or a “UK Fertilizer” (after the end of the Brexit transition period).
The UK requirements for fertilizers contain specific provisions relating to particular types of fertilizer. You must ensure compliance with these provisions to the extent they apply to your fertilizer 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 fertilizers are packed, these identification markings shall appear on the packages or labels. If the fertilizers are in bulk, these markings shall appear on the accompanying documents. Packaged fertilizers 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 fertilizers 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 Fertilizers Regulation requires the manufacturer to maintain records of the origin of the fertilizers. These records must be available for inspection by UK enforcement authorities as long as the fertilizer 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 fertilizers 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 fertilizer for sale or supply in GB, or in the case of imports, at least 5 days before the arrival of the fertilizer in GB. Following this, the manufacturer should continue to ensure that all fertilizers sold in the UK can pass the test.
Although the EC Fertilizers 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 fertilizers, 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: