Fertilizer Act *)

Original Language Title: Düngegesetz *)

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Read the untranslated law here: http://www.gesetze-im-internet.de/d_ngg/BJNR005400009.html

Fertilizer Act *)

DüngG execution date: 09.01.2009
Vollzitat:
"Fertilizer Act *) of 9 January 2009 (Federal Law Gazette I, p 54, 136), last amended by Article 1 of the law. of 15 March 2012 (BGBl. I S. 481) has been changed "
stand:..
last amended by Article 1 G v 15.3.2012 I 481
details on the stand number, see menu Notes
*)
the obligations under Directive 98/34 / EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure in the field of technical standards and regulations and of rules on information society services ( OJ. L 204, 21.7.1998, p 37), last amended by Directive 2006/96 / EC of 20 November 2006 (OJ. L has been changed 363, 20.12.2006, p.81), have been met ,

Footnote (+++ text detection from: 6.2.2009 +++)
(+++ Official Notice of the legislative body to EC law:

observance of EGRL 34/98 ( CELEX number: 31998L0034) +++)


Input formula
The Bundestag, with the approval of the Federal Council adopted the following law:

§ 1 Purpose

Purpose of this law is to
. 1
The diet of crops ensure
. 2
Soil fertility, in particular to obtain the location and use typical humus content, or permanently improve,
. 3 prevent
dangers to the health of people and animals and the natural balance or avert that may arise through the production, marketing or use of fertilizers, soil additives, plant additives and growing media or through other measures of fertilizing,
. 4
Acts of the European Community or the European Union, the matters contained in this Act, in particular on the marketing or the use of fertilizers concern, implement or carry out.

§ 2 Definitions

In this Act
. 1
Are fertilizer substances, except carbon dioxide and water, which are intended to supply
a)
crop nutrients to promote their growth, increase their yield or improve their quality, or b
)
maintain soil fertility or improve;
. 2
Are manure: fertilizers
a)
as animal faeces
aa)
in the keeping of animals for food production or
bb)
in other entertainment of animals in agriculture or
b)
generated as herbal substances under crop production or in agriculture,
in mixtures with one another or after aerobic or anaerobic treatment, incurred or;
. 3
Is solid manure: manure mixed from animal excretions, also with litter, in particular straw, sawdust, peat or other plant material that has been done in the context of animal husbandry, or with food residues, whose dry matter content exceeds 15 per cent;
. 4
Is manure: manure from animal excretions, also with small amounts of litter or fodder residues or addition of water, whose dry matter content does not exceed 15 per cent;
. 5
Is manure: mixture of urine and flushed fine constituents of the faeces or the bedding, and water; Manure may contain minor extent uneaten food and cleaning and rainwater;
. 6
Are soil improvers: materials without significant nutrient content and micro-organisms that are intended
a)
to influence the biological, chemical or physical properties of the soil in order to improve the growth conditions for crops or b
)
the symbiotic fixation of nitrogen to promote;
. 7
Are plant additives: substances without significant nutrient content, which are intended to act on plants biologically or chemically to obtain a plant cultivation, production technology or performance benefits unless they are plant tonics within the meaning of § 2 point 16 of the Plant Protection Act;
. 8
Growing media are: substances which are intended to serve as a crop root zone and the introduced thereto in soils, applied to soils or used in soil-independent applications;
. 9
Is producing: recovering, treating, processing, mixing or other processing of materials in accordance with points 1 and 6 to 8;
10th
Is marketing: the offering, keeping to delivery, offering for sale, and each dispensing of substances pursuant to sentence 1 No. 1 and 6 to 8 other;.
11th
Is professional: business under a trade or otherwise for commercial purposes.

Stop marketing within the meaning of sentence 1 no. 10 are the introduction into the scope of this Act for distribution to others and the delivery between members of associations of persons within the same.

§ 3 Application

(1) Materials according to § 2 no. 1 and 6 to 8 may only be applied as far as they
1.
A. Through a directly applicable legal act of the European Community or the European Union on the marketing or the use of fertilizers approved type or
2
The requirements for marketing for a legal regulation pursuant to § 5 para. 2 or 5
match. Excluded from sentence 1 are manure, incurred in their own company, as well as soil improvers, growing media and plant aids, which exclusively consist of substances which have been incurred in their operation of the applicator ends or is produced. Notwithstanding sentence 1, number 2, substances according to § 2 point 1 and 6 are applied to 8 when this
. 1
, Lawfully manufactured or lawfully marketed in another Member State of the European Union, Turkey or a country which is also a party to the Convention establishing the European Free Trade Association and the Agreement on the European Economic Area and || |. 2 equally as domestic fabrics satisfy the requirements
to protect against risks to human health, animal health or the ecosystem.
(2) substances pursuant to § 2 Nos. 1 and 6 to 8 shall be applied only to good practice. Fertilization accordance with good practice serves to supply the plants with necessary nutrients and to preserve and promote soil fertility, to ensure in particular the supply of the population with high-quality, inexpensive products. Good professional practice that type, quantity and time of application on the needs of the plants and the soil are aligned.
(3) The Federal Ministry of Food, Agriculture and Consumer Protection (Ministry) is authorized, in consultation with the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety by ordinance approved by the Bundesrat, the requirements of good practice referred to in paragraph 2 closer to determine. In ordinances pursuant to sentence 1, to protect waters against pollution, in particular caused by nitrates, and regulations be adopted
. 1
Periods during which the application of certain fertilizers is prohibited on agricultural land,
. 2
Area-related upper limits for the application of nutrients from livestock manure,
. 3
Applying fertilizer to steeply sloping ground,
. 4
Application of fertilizer to water-saturated, flooded, frozen or snow-covered ground,
. 5
The conditions for the application of fertilizers on agricultural land near watercourses,
. 6
Consideration of accumulating during grazing and supplied by means other than fertilization nutrients
. 7
The records of the use of fertilizers,
. 8
The technique of applying fertilizers and
. 9
The storage capacity for manure.
In ordinances pursuant to sentence 1 also establishes requirements to ensure soil fertility may be adopted.

(4) In so far as regulations pursuant to subsection 3 action programs under Article 5 para. 1 of Council Directive 91/676 / EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources (OJ. EC no. L 375 p 1), established by Regulation (EC) No. 1882/2003 of the European Parliament and of the Council of 29 September 2003 (OJ. EU Nr. L 284 p 1) has been changed, fixed or are updated, the public must be involved. The draft of the ordinance and information on the participation procedure must be published in the Federal Gazette. Natural and legal persons and other organizations, in particular associations of the agricultural and environmental sector, whose interests or whose registered according remit are affected by the draft (affected public), have within a period of six weeks the opportunity to respond in writing to the Federal Ministry; of the deadlines shall be notified in accordance with sentence 2 in the publication. Deadline According to comments received to the public concerned are adequately addressed by the Federal Ministry for the adoption of the ordinance. The reference to the ordinance issued by the Federal Ministry and announced in the Federal Gazette to be published in the Federal Gazette; it shall be informed in summary form on the expiry of the participation process and the reasons and considerations on which the decision taken is based.
(5) The Federal Ministry is authorized to regulate by ordinance approved by the Bundesrat applying certain substances in accordance with § 2 Nos. 1 and 6 to 8, and in this case to limit certain applications or prohibit, as far as the in § 1 is mentioned purposes required.
(6) The Federal Ministry is authorized to take by ordinance for research or experimental purposes a derogation from paragraphs 1 and 2 shall, as far as this is a legitimate interest and not to worry about health effects in humans and animals or hazards of the ecosystem are ,

§ 4 cooperative actions

The Federal Ministry is authorized to adopt by ordinance approved by the Bundesrat rules on recording, reporting, notification or storage duties with respect to the marketing, manufacturing, of conveying, the acquisition or of storage of substances according to § 2 No. 1 and 6 to 8, to the extent necessary to ensure compliance with § 3 para. 1 and 2, also in conjunction with an ordinance pursuant to paragraph 3.

§ 5 marketing

(1) Materials according to § 2 no. 1 and 6 to 8, which are not designated as "EC fertilizers", should be placed on the market only if they are suitable
1.
Essential to promote the growth of useful plants,
second
Their income to increase significantly,
. 3
Improve their quality significantly or
. 4
Soil fertility, in particular to obtain the location and use typical humus content, or permanently improve,
and do not harm the health of humans and animals when used properly and do not endanger the ecosystem. Notwithstanding sentence 1, substances according to § 2 point 1 and 6 are placed on the market to 8, if this
. 1
Have been lawfully manufactured in another Member State of the European Union or Turkey or a state which is also a party to the Convention establishing the European Free Trade Association and the Agreement on the European Economic Area or lawfully placed on the market and || |. 2 equally as domestic fabrics satisfy the requirements
to protect against risks to human health, animal health or the ecosystem.
Sentences 1 and 2 do not apply to substances which are intended to be supplied from the application of this Act.
(2) The Federal Ministry is authorized, to the extent necessary by ordinance approved by the Bundesrat for the purposes specified in § 1,
. 1
The detailed requirements for the marketing to determine
. 2
Marketing of certain substances in accordance with § 2 Nos. 1 and 6 to 8 to ban or restrict or
. 3
Prescribe that they may only be packed or placed in packages or containers of a certain type or with specific closure into circulation.
(3) In ordinances pursuant to paragraph 2, in particular provisions may be adopted on
. 1
Approved starting materials,
. 2
Method of production,
. 3
Composition according to main and secondary constituents, in particular on nutrient content, nutrient form and the nature and content of secondary constituents,

. 4
Nutrient availability
. 5
Effect of secondary constituents,
. 6
External characteristics, in particular particle size, grinding fineness, undersize or coloring,
. 7
Other important for the preparation, application or effect of the substance requirements.
(4) In ordinances pursuant to paragraph 2, to protect the health of humans, animals or the ecosystem further
. 1
be required that the manufacturer of a substance in accordance with § 2 Nos. 1 and 6 to 8 records has to create about
a)
the composition of the substance or
b)
used to prepare raw materials used and their origin, and
. 2
The way the records and the term of office be regulated.
be the extent required for a substance records to sentence 1 no. 1, the manufacturer shall provide the records requested by the competent authorities, or to transmit.
(5) The Federal Ministry is authorized by ordinance without approval from the
. 1
Research or experimental purposes deviating from paragraph 1 or control
. 2
To take up to a change in a regulation pursuant to paragraph 2 Legislative Decree no longer than for a period of four years, a temporary regulation
if this requires is a legitimate interest and harm to the health of humans, animals or hazards of the ecosystem are not to be feared. The Federal Ministry is also authorized to transfer by ordinance without approval from the authorization under sentence 1 totally or partially on the Federal Agency for Agriculture and Food.

§ 6 EC fertilizer

Fertilizers may labeled "EC fertilizer" only be marketed if they conform to a type of fertilizer, in the Annex I to Regulation (EC) No. 2003/2003 of the European Parliament and of the Council of 13 October 2003 relating to fertilizers (OJ. EU Nr. L 304 p.1), last amended by Regulation (EC) no. 162/2007 of 19 February 2007 (OJ. EU Nr. L 51 p.7) has been changed has been is determined.

§ 7 Labelling, packaging

The Federal Ministry is authorized to regulate by ordinance approved by the Bundesrat, to the extent necessary for the purposes mentioned in § 1, for substances pursuant to § 2 Nos. 1 and 6 to 8 type and extent of labeling. In ordinances pursuant to sentence 1 the following particulars may be prescribed:
. 1
Sales name
. 2
Used to prepare starting materials,
. 3
Method of production,
. 4
Composition according to main and secondary constituents, in particular on nutrient content, nutrient form and the nature and content of secondary constituents and their division into processing aids application aids and impurities,
. 5
Nutrient availability
. 6
Effect of secondary constituents,
. 7
External characteristics, in particular particle size, grinding fineness, undersize or coloring,
. 8
Other important for the preparation, application or effect of the substance requirements
. 9
The weight or volume of the packaging unit,
10th
The name or trade name of the person responsible for marketing,
11th
Instructions on proper use, storage or treatment,
12th
The legislative or legal basis, has been brought on the basis of which the fertilizer, the soil additive, the plant aid or the growing medium on the market.

§ 8 tolerances

(1) The Federal Ministry is authorized, by ordinance approved by the Bundesrat tolerable deviations (tolerances) of the detected in monitoring levels of the prescribed or authorized under the mandatory labeling by regulation under § 7 should be laid down to unavoidable uncertainties in absorb the production, sampling and analysis.
(2) these tolerances shall not be used as planned.

§ 9 Sampling methods, analytical

The Federal Ministry is authorized to prescribe by ordinance approved by the Bundesrat, the application of certain sampling and analysis methods, to the extent necessary for the proper monitoring of the fertilizer transport or to carry out acts of the institutions of the European Community or the European Union in the field of fertilizer law , The ordinance under sentence 1, the description of the sampling and analysis by the reference to publication in the Official Journal of the European Community or the European Union or to publications of generally accepted sampling and analysis methods to be replaced, stating the reference source.


§ 10 Scientific Advisory Board

The Federal Ministry is authorized to establish by ordinance without approval from the a Scientific Advisory Board, which advises it in fertilization issues. In the advisory board in particular the areas of soil science, plant nutrition, the plant cultivation, the hydrology, toxicology, ecotoxicology and the epidemic control should be, by scientists who work in these areas. The ordinance under sentence 1, details on the composition of the advisory board, the appointment of members and the rules of procedure can be controlled.

§ 11 sewage sludge compensation fund

(1) The by Article 4 no. 8 of the Law of 27 September 1994 (BGBl. 2705) established compensation fund has incurred for the agricultural use of sewage sludge damage to people and property and resultant consequential losses replace.
(2) The contributions to this fund shall be made by all manufacturers of sewage sludge insofar as they give off the sewage sludge for agricultural use. When a shipment of sewage sludge in the application of this Act, the contributions from the owners of the sludge is to be paid, which spends the sludge in the application of this Act or can spend, so far as it gives the sewage sludge for agricultural use.
(3) The Federal Ministry is authorized, in consultation with the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety and the Federal Ministry of Economics and Technology by ordinance approved by the Bundesrat to issue regulations on
. 1
The legal status of the Settlement Fund,
. 2
The formation and further development of the Settlement Fund, including the necessary financial resources up to an amount of 125 million euros,
. 3
Managing the compensation fund,
. 4
The amount and the determination of contributions and the nature of their application taking into account the nature and quantity of the discharged sludge and an additional funding obligation in the event of exhaustion of the measures provided for in paragraph 2 financial resources,
. 5
A reasonable deductible for property damage and a reasonable maximum compensation in particular taking into account the scope of the damaged area,
. 6
The transition of claims against any other person liable to the compensation fund, to the extent this has the claims satisfied, and their enforcement,
. 7
Procedures and powers of the authorities responsible for the supervision of the compensation fund authority
. 8
The rights and obligations of the contributors with respect to the compensation fund, the body designated in paragraph 7 authority.
(4) An ordinance pursuant to paragraph 3 shall be addressed to the Bundestag before the supply to the Federal Council. The ordinance may be amended or rejected by a resolution of the Bundestag. The decision of the Bundestag shall be forwarded to the federal government. Has the Bundestag after three meeting weeks of receipt of the ordinance does not deal with it, so the unchanged ordinance shall be sent to the Bundesrat. As far as the ordinance is amended on the basis of the decision of the Federal Council, it re lead to the Bundestag not required.

§ 12 monitoring

(1) Compliance with the provisions of this Act and the ordinances issued under this Act and directly applicable legislation of the European Community or the European Union in the field of fertilizer legislation is monitored and subject to paragraph 2 by the authorities responsible under state law.
(2) The administration of the compensation fund pursuant to § 11 para. 1 is incumbent upon the Federal Institute of Agriculture and Food. It is the authority responsible for monitoring compliance with the § 11 and the ordinances issued on the basis of that provision.
(3) Natural and legal persons and unincorporated associations of persons who convey to the competent authorities on request the information, the data transmitted for the implementation of the authorities by this Act or under this Act tasks are required.
(4) persons who are commissioned by the competent authority may, under paragraphs 1 and 2 to enter land, business premises, premises and means of transport of the respondents during business or operating time and there
. 1
make visits,
. 2 refer against receipt
samples without charge,
. 3
See business documents.

The Reporting measures must tolerate under sentence 1 to support the persons charged with the supervision of those measures and submit the business documents.
(5) A person obliged to refuse to answer such questions, the answers to them or any of the in § 383 para. 1 no. 1 to 3 of the Code of Civil Procedure to the risk of criminal prosecution or proceedings under the Administrative Offences Act would expose.
(6) The body responsible for implementation of this Act the federal and state governments have mutually
. 1
Notify the authorities responsible for enforcing the law authorities and
. 2
To assist in the determination of activity.
The competent authorities may, except as required necessary to meet the requirements of this Act or the ordinances issued under this Act or by an act of the European Union, the data they have acquired in the course of monitoring, the other competent authorities of the same country , the competent authorities of other countries, federal or other Member States or the European Commission.

§ 13 Official directives

The competent authority may take to remedy infringements detected and the necessary measures to prevent future violations of this Act and the ordinances issued under this Act and to final regulatory acts of the European Community or the European Union in the area of ​​fertilizer law arrangements. It may in particular
. 1
Hiring fertilizing action that may violate adopted to § 3 para. 1 or 2 or on the basis of § 3 para. 3 or 5 Ordinances,
2.
Placing on the market of fertilizer batches arrange that 6 or placed on the market against a regulation pursuant to § 5 para. 2 Legislative Decree are contrary to § 5 para. 1 or §
. 3
Temporarily prohibit a substance according to § 2 no. Is 1 or 6 to 8 placed or applied on the market until the result of the examination of a sample is present,
. 4
Monitor an action or, if necessary, arrange to be at preventing that a substance according to § 2 no. 1 or 6, brought to 8, which has not yet reached the consumer by other operators further into circulation is (withdrawal), or the return of a substance placed on the market according to § 2 no. 1 or 6 to 8 targets, which has already reached the consumer or the user or could have reached (callback).

§ 14 Administrative offenses

(1) An administrative offense, who contrary to § 8 para. 2 a fixed tolerance exploits schedule.
(2) An administrative offense who intentionally or negligently
. 1
An ordinance
a)
according to § 3 para. 3 or para. 5, also in conjunction with § 15 para. 6
b)
with § 4, also in conjunction § 15 para. 6
c)
according to § 5 para. 2, also in conjunction with § 15 para. 6
d)
according to § 7, also in conjunction with § 15 Abs . 6,
e)
according to § 11 para. 3 no. 7 or 8
or an enforceable order contravenes due to such legal regulation where the ordinance for a specific offense to this fine provision refers, || |. 2
Brings contrary to § 6 fertilizers on the market
. 3
Contrary to § 12 para. 3 fails to provide information, not correctly or completely or not issued in time,
. 4
Contrary to § 12 para. 4 sentence 2 does not tolerate a measure, authorized persons are not supported as well as business documents are not submitted,
. 5
An enforceable order 13 sentence 2 contravenes under § or
. 6
A directly applicable provision in acts of the European Community or the European Union violates the scope of that law, so far as points an ordinance pursuant to § 15 para. 1 for a specific offense to this fine regulation.
(3) The misdemeanor by a fine of up to fifteen thousand euros, in the case of paragraph 2 no. 1 letter e up to two thousand five hundred euros, will be punished.
(4) Fertilisers and materials to which an offense referred to in paragraph 2 no. 1 letter c or no. 2 relates, may be confiscated. § 23 of the Administrative Offences Act shall apply.

§ 15 Ordinances in specific cases


(1) The Federal Ministry is authorized, to the extent necessary to enforce the provisions of European Community or the European Union to designate by ordinance without approval from the the offenses as an administrative offense pursuant to § 14 para. 2 no. 6 can be punished.
(2) The Federal Ministry is authorized. By ordinance without the consent of the Bundesrat in this Act or in the ordinances
1 adopted by it under this Act change
references to provisions in legal acts of the European Community or the European Union, to the extent necessary to adapt to changes in these regulations,
. 2 to emphasize
rules or adapt one remaining application in its wording, as far as they have become inapplicable through the adoption of appropriate provisions in regulations of the European Community or the European Union.
(3) Ordinances pursuant to this Act, which require the approval of the Bundesrat, may at imminent danger or if their immediate entry into force for the implementation of acts of the European Union, the matters contained in this Act, in particular on the marketing or use of fertilizers, concern, is required to be adopted without the consent of the Bundesrat. Ordinances under sentence 1 not require the agreement with each to be involved federal ministries. The regulations come six months after its entry into force at the latest. This period may be extended only with the consent of the Bundesrat.
(4) The Federal Ministry may issue ordinances pursuant to this Act which relate exclusively to the implementation of mandatory technical regulations of directives or decisions of the European Union, the matters contained in this Act, in particular on the marketing or the use of fertilizers, which serve without adopt consent of the Bundesrat.
(5) Ordinances can be differently pronounced by § 2 paragraph 1 of Verkündungs- and Notice Act in the Federal Gazette.
(6) In the ordinances based on this Act, except § 11, the respective power may be transferred in whole or in part, to the provincial governments. Unless authorized a measure adopted pursuant to sentence 1 ordinance the state governments to enact regulations, which shall be entitled
. 1
Except in case of an ordinance pursuant to § 3 para. 3 no. 2 to 8 authorizing transferred by ordinance in whole or in part to other authorities
. 2
In case an ordinance pursuant to § 3 para. 3 generally or to allow for the individual case, derogations from certain rules, to the extent necessary to take account of special operational circumstances or to avoid undue hardship.
In the case of sentence 1 in conjunction with sentence 2 no. 2, § 3, para. 4 accordingly.

§ 16 Authorization to Repeals

Unless authorizations to issue ordinances of the Federation have fallen away through amendments to this law, may establish rules that are based on such authorizations, shall be repealed by ordinance of the Federal Ministry without the approval of the Bundesrat.

§ 17 Transitional arrangements

Pending implementation of an ordinance pursuant to § 5, paragraph 2, by the fertilizers Regulation of 16 December 2008 (I, p. 2524), last amended by the Regulation of 14 December 2009 (I, p. 3905) has been changed will be replaced, are specified in § 3 section 1 sentence 1 number 2 of § 2 paragraph 1 in conjunction with paragraph 2 and § 10 paragraph 2 point 2 of the fertilizer Act of 15 November 1977 (I, p. 2134 .), last amended by Article 6 of the law of 9 December 2006 (BGBl I S. 2819; 2007 I p 195) has been changed, continue to apply. The Ministry is the day known in sentence 1 in the Federal Gazette.

§ 18 Entry into force, expiry

This law enter into force on ... *).
*)
Note from the editors: The law comes in accordance with Article 82 paragraph 2 sentence 2 of the Basic Law on the fourteenth day after the day in force, on which the Federal Law Gazette containing it was..