181. Regulation of the Federal Minister for Agriculture, Forestry, Environment and Water Management, amending the Fertilizer Ordinance in 2004

On the basis of § § 6 (1), 7 (2) and 8 (1) of the Fertiliser Act 1994, BGBl. No 513/1994, as last amended by the Federal Law BGBl. I No 189/2013, shall be arranged:

The Fertilizer Ordinance 2004, BGBl. II No 100/2004, as last amended by the BGBl Regulation. II No 162/2010, shall be amended as follows:

1. In § 1, the Z 15 and 16 shall be replaced by the following Z 15:

" 15.		"Quality compost": quality compost according to the compost regulation, BGBl. II No 292/2001, with the requirements for the field of application of agriculture/hobby gardening; '

2. In § 1, the numbers Z 17 to 24 shall be given the number of digits "16." to "23." .

3. In § 5 (1), Z 8 and Z 9 are given the number of digits "9." and "10." ; the following Z 8 shall be inserted:

" 8.		in the case of liquid organic and organic mineral fertilizers, the dry substance content, provided that the information on the nutrient content is related to the dry substance; "

4. § 5 (2) the following paragraph 3 is added:

"(3) In the case of mechanically mixed mineral fertilizers, the term" mixed fertilizer "shall be indicated."

5. § 6 Z 5 reads:

" 5.		Indication of available primary nutrients, salt content in g/l of potassium chloride and pH in areas; "

6. § 11 para. 2 second sentence reads:

" Products that do not comply with the labelling requirements of this Regulation, but those of the Fertilizer Regulation 2004 in the version BGBl. II No 162/2010, may, up to two years after the proclamation of the Regulation, comply with the BGBl Regulation. II No. 181/2014 is first placed on the market. "

7. In Appendix 1 " II. General provisions "shall be referred to in" 1a General " of the last sentence "Nutrients shall be indicated in words and in chemical symbols." replaced by "Nutrients shall be indicated in words and in chemical symbols and may be added to the type designation."

8. In Appendix 1 " II. General provisions " shall be " 6. Hygiene " the following sentence is added:

"In the case of the official examination of the health of humans and domestic animals, pathogenic germs and toxins not listed in Appendix 2 may also be investigated."

9. In Appendix 1 " III. Type List " Z 1 "Mineral Nitrogen Fertilizer" the word "Dicynamid" by the word "Dicyandiamide" replaced.

10. Annex 1 " III. Type List " Z 8 "Organic Fertilizer" is:

" 8. Organic fertilizers

1. Minimum content: at least 20% organic substance i.d. TS and one of the above-mentioned contents:

1% N; 1% P 2 O 5 ; 1% K 2 O.

2. Type-determining components, nutrient forms and solubilities:

Organic substance, total nitrogen, or organically bound nitrogen, total phosphate, total potassium oxide or water-soluble potassium oxide.
Nitrogen rated as total nitrogen, phosphate rated as total P 2 O 5 , Kali rated as total K 2 O, Kali evaluated as water-soluble potassium oxide.
85% of the nitrogen must be present as organic nitrogen.

3. starting materials:

Organic fertilizers consist of one or more starting materials (organic mixed fertilizers).

(a) animal starting materials:

Dicalcium phosphate and tricalcium phosphate of animal origin, Fishmeal, Guano, Hufmehl (-shavings, grieß), Hornmeal (-shavings, -grieß), hydrolysed proteins from animal by-products, wool, Walkhaare, Hair, Hair, bristles, (pelletized or on other way prepared) poultry, horse, pork and beef mist, worm humus, quality compost according to the Compostal Ordinance for the scope of amateur gardening, Biogas manure and other animal starting materials, made of Category 3 material, in accordance with Article 10 of Regulation (EC) No 1069/2009 laying down health rules for animal by-products not intended for human consumption, OJ L 327, 31.12.2009, p. No. OJ L 300 of 14.11.2009 p. 1.

(b) vegetal starting materials:

Press and extraction residues of oilseeds (Rizinus, soya, rapeseed, mustard, sunflower, pumpkin), vinasse, molasses, fruit processing trestle, beer production, beer and fruit filtration residues, potato residual fruit water, bitch from alcohol production, fresh wood fibres (treated physically), algae, peat, plant residues from agricultural production, rice husks, aspirated waste from the preparation of cereals, coconut waste, cocoa shells, roasted coffee waste, Rindenhumus, quality compost pursuant to the Compostal Ordinance for the Field of application Hobbygartenbau, BiogasGülle. Ricinus shred may only be used after sufficient heating and in a permanently dust-bonded form.

4. Special provisions:

-		The product must not contain more than three germable seeds and plant parts capable of being austric-capable per litre, provided that they are not product-specific.
-		Reference should be made to the type of storage that is appropriate for the resistance and to possible safety regulations.
-		An organic fertilizer may only be referred to as organic solid fertiliser if it is at least 1% N, 1% P 2 O 5 and 1% K 2 O.
-		The production, presentation and labelling of fertilisers with animal feedstock shall be subject to the requirements of Regulation (EC) No 1069/2009 and to Regulation (EU) No 142/2011 based thereon, OJ L 327, 31.12.2009, p. No. OJ L 54, 26.02.2011. In particular, such fertilizers shall not lead to confusion with feedingstuffs and shall contain appropriate information on their proper use; the requirements for the admixture of additives and the requirements laid down in Application restrictions must be adhered to. Manufacturing companies require registration or approval in accordance with the Animal Material Act, BGBl. I No 141/2003. '

11. In Appendix 1 " III. Type List " Z 10 "Organic-mineral Fertilizer" the last stroke at " 4. Special provisions " :

"-		The production, presentation and labelling of fertilisers with animal feedstock shall be subject to the requirements of Regulation (EC) No 1069/2009 and to Regulation (EU) No 142/2011 based thereon, OJ L 327, 31.12.2009, p. No. OJ L 54, 26.02.2011. In particular, such fertilizers shall not lead to confusion with feedingstuffs and shall contain appropriate information on their proper use; the requirements for the admixture of additives and the requirements laid down in Application restrictions must be adhered to. Manufacturing companies require registration or approval in accordance with the Animal Material Act, BGBl. I No 141/2003. '

12. In Appendix 1 " III. Type List " Z 11 "Culture substrates" the entries are " 1. Type-determining constituents, nutrient forms and solubilities " and " 2. Starting materials " With headings:

" 1. Type-determining components, nutrient forms and solubilities:

Parameters	Requirements
pH range (CaCl 2 )	4-7
Salt content (g/l FM)	< 3
Plant tolerability test with cress	Plant fresheners 80% of control
Germ rate in%	100
germ delay in days	0 compared to control
Germinated seeds and austriptive plant parts	3 per litre
Grain size in mm	50

pH (0.01 mol/l CaCl 2 ), salt content (as KCl) in g/l fresh mass or conductivity in mS/cm, nitrogen rated as available nitrogen (sum of nitrate and ammonium nitrogen), phosphorus rated as available phosphate (indicated as P 2 O 5 or P), potassium expressed as available potassium (indicated as K) 2 O or K).

2. Starting materials:

Peat, fresh wood fibres (treated physically), rice spelts, coconut fibres, roasted coffee waste, clay and clay minerals, expanded clay and slate, perlite, bims, brick split, foam lava, rock wool, loam, sand, rock flour, xylitol, bark and bark humus, Quality compost according to the Compostal Ordinance for the application of amateur gardening, straw, jute, hemp and flax fibres, coniferous litter.

All types of fertilisers are permitted for the adjustment of the nutrient content. "

13. Annex 2 " II. Limits " is:

" II. Limits

1. Heavy metals

Heavy metal	Device	Limit
		Fertilizers *, soil auxiliary substances, plant aids	Mineral fertilizers with more than 5% P 2 O 5	Culture substrates
Lead	mg/kg TM	100	100	50
Cadmium	mg/kg TM	3	75 mg/kg p 2 O 5	1
Chromium VI	mg/kg TM	2	2	2
Nickel	mg/kg TM	100	100	70
Mercury	mg/kg TM	1	1	0.5
Vanadium	mg/kg TM	-	1500	-
Arsenic	mg/kg TM	40	40	40

* excluding mineral fertilizers with more than 5% P 2 O 5

2. Organic Pollutants, Radioactivity and Residues

Parameters	Device	Limit
Polycyclic aromatic hydrocarbons: sum of benzo (a) pyrene benzo (b) fluoranthene, benzo (k) fluoranthene, benzo (g, h, i) perylene, fluoranthene, Indeno-(1,2,3-c, d) pyrene	mg/kg TM	6
Organochlorpesticides: Sum of Aldrin, Dieldrin, Endrin, Heptachlor, Heptachloric Epoxide, Total Hexachlorohexane (alpha-, beta-, gamma-, delta-HCH), DDT, DDE, Chlordan and Hexachlorobenzene	mg/kg product	0.5
Polychlorinated biphenyls: sum of congeners 28, 52, 101, 138, 153 and 180	mg/kg TM	0.2
Polychlorinated dibenzodioxins/dibenzofurans Toxicity equivalent of 2-, 3-, 7-, 8-TCDD	ng TE/kg TM	20
Activity of the sum of cesium-134 and caesium-137	Bq/g Product	0.5
AOX Adsorbable Organically Bound Halogens	mg/kg TM	500
Perfluorinated surfactants (PFT) as a sum of perfluorooctanoic acid (PFOA) and perfluorooctane sulfonate (PFOS)	mg/kg TM	0.1

3. Hygienic Parameters

Escherichia coli O157:H7 (EHEC)	undetectable in 50g sample
Salmonella sp.	undetectable in 50g sample
Campylobacter sp.	undetectable in 50g sample
Listeria monocytogenes	undetectable in 50g sample "

14. Annex 2 " V. Forbidden " second coat lit. ii is:

" (ii)			Category 1 material in accordance with Article 8 of Regulation (EC) No 1069/2009 laying down health rules concerning animal by-products not intended for human consumption, OJ L 327, 31.12.2009, p. No. OJ L 300, 14.11.2009 p. 1;

15. In Appendix 2 " V. Forbidden " is the second coat lit lit. iii) "Substances referred to in a Regulation in accordance with Article 17 of the Plant Protection Products Act 1997;" .

Group-right