Fertilizer Act *)

Original Language Title: Düngegesetz *)

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.

fertilizer law *)

unofficial table of contents

fertiliser

date of delivery: 09.01.2009

full quote:

" Fertilizer law *) of 9. January 2009 (BGBl. 54, 136), as last amended by Article 1 of the Law of 15. March 2012 (BGBl. I p. 481) "

:Last modified by Art. 1 G v. 15.3.2012 I 481

For details, see the Notes
menu. href=" #FnR.BJNR005400009_01" class="Footnote"> *)
The obligations under Directive 98 /34/EC of the European Parliament and of the Council of 22. The European Parliament and of the Council of 19 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and of the rules on information society services (OJ C 37), as last amended by Directive 2006 /96/EC of 20 June 1998, 21 November 2006 (OJ C 327, 81), have been respected.

Footnote

(+ + + text-proof from: 6.2.2009 + + +)
(+ + + Official note of the norm-provider on EC law:
compliance with the
EGRL 34/98 (CELEX Nr: 31998L0034) + + +)

unofficial table of contents

input formula

The Bundestag, with the consent of the Bundesrat, has the following law decided: Non-official table of contents

§ 1 purpose

purpose of this law is,
1.
Ensuring the nutrition of crops,
2.
the fertility of the soil, especially the Site-and use-typical humus content, to be preserved or to be sustainably improved,
3.
Hazards for the health of humans and animals as well as for the natural household
4.
4.
4.
4.
Acts of the European Community or of the European Union concerning the subject matter of this law, in particular on the marketing of fertilisers or the use of fertilizers,
Non-Official Table Of Contents

§ 2 Definitions

For the purposes of this law
1.
Fertilizers are substances other than carbon dioxide and water, which are intended to be
a)
crop plants In order to promote their growth, increase their yield or improve their quality, or
b)
to maintain soil fertility or to improve their quality. improving;
2.
are economic fertilizers: fertilizers, which are
a)
as animal Excretions
aa)
in the keeping of animals for food production or
bb)
in the other posture of animals in agriculture or
b)
as a herbal substance in the crop production or in agriculture,
also in mixtures with each other or after aerobic or anaerobic treatment, obtained or produced;
3.
is Festmist: economic fertilizer from animal excretions, also with litter, in particular straw, sawdust, peat or other vegetable material, which is used in the animal husbandry or mixed with feed residues, the dry matter content of which exceeds 15 of the hundred;
4.
is manure: economic fertilizer from animal Precipitation, even with small amounts of litter or fodder residue or addition of water, the dry matter content of which does not exceed 15 of the hundred;
5.
is Jauche: Mixture of urine and excreted fine components of the diet or litter and water; Jauche may contain small amounts of feed residues as well as cleaning and precipitation water;
6.
are soil excipients: substances that have no essential nutrient content, as well as microorganisms that are intended for this purpose,
a)
influencing the biological, chemical or physical properties of the soil to improve the growth conditions for crop plants or
b)
promoting the symbiotic binding of nitrogen;
7.
are plant aids: substances without essential nutrient content intended to be used in plants, biologically or chemically, in order to achieve a plant-building, production or technical benefit in so far as they do not contain plant-based starch in the sense of § 2 (16) of the Plant Protection Act;
8.
are cultural substrates: substances intended to serve as a root space for crops and which are used in soils , can be applied to soils or used in ground-independent applications;
9.
is manufacturing: winning, treating, processing, mixing or other Preparation of substances according to points 1 and 6 to 8;
10.
is placing on the market: offering, holding up, holding, holding and any release of substances after 1 and 6 to 8 to others;
11.
is commercial: activity within the framework of a business or otherwise for profit.
The placing on the market as defined in the The provisions of the first sentence of paragraph 1 of this Article shall be the same as those in the scope of this Act to be applied to others and shall be the same as the levy between members within the associations of persons. Non-official table of contents

§ 3 Application

(1) Substances according to § 2 Nos. 1 and 6 to 8 may only be applied if they are
1.
a direct act of the European Community or the European Union on the marketing of or use of fertilisers type or
2.
the requirements for placing on the market pursuant to a regulation on the basis of a legal regulation § 5 (2) or 5 (5)
. With the exception of the first sentence, commercial fertilisers which are incurred in their own operations, as well as soil auxiliaries, crop substrates and plant aids, which consist exclusively of substances which are incurred by the user in their own operations, are or are not included in the have been produced. By way of derogation from point 2 of the first sentence, substances in accordance with § 2 (1) and (6) to (8) may be used if they are
1.
in another Member State of the European Union, which: Turkey, or a State which is also a party to the Agreement establishing the European Free Trade Association and the Agreement on the European Economic Area, is lawfully manufactured or lawfully marketed , and
2.
the requirements for protection against risks to human or animal health, or to the natural household, as well as to domestic substances
(2) Substances according to § 2 Nos. 1 and 6 to 8 may only be applied after good professional practice. Fertilising according to good professional practice serves to supply the plants with the necessary nutrients and to maintain and promote soil fertility, in order in particular to supply the population with high-quality, inexpensive To secure products. Good professional practice means that the nature, quantity and timing of the application are geared to the needs of the plants and the soil.(3) The Federal Ministry of Food, Agriculture and Consumer Protection (Federal Ministry) is authorized, in agreement with the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety, by means of a legal regulation with the consent of the Federal Council to determine the requirements of good professional practice within the meaning of paragraph 2. In order to protect the aquatic environment from contamination, in particular by nitrates, regulations in accordance with the first sentence of the first sentence may also be adopted by means of
1.
periods in which the application of certain fertilizers on agricultural land is prohibited,
2.
Area-based limits for the application of nutrients from economic fertilizers of animal origin,
3.
the application of fertilizers on strongly inclined agricultural surfaces,
4.
the application of Fertilizers on water-saturated, flooded, frozen or snow-capped soils,
5.
the conditions for the application of fertilizers on agricultural land Areas close to watercourses,
6.
taking into account the grazing of pasture and other measures taken as a fertilization Nutrients,
7.
the records of the use of fertilizers,
8.
the technique for Fertiliser application as well as
9.
the storage capacity for economic fertilizers.
In legal regulations under the first sentence, provisions may also be made to secure the Soil fertility is enacted.(4) Where action programmes within the meaning of Article 5 (1) of Council Directive 91 /676/EEC of 12 June 1991, as referred to in Article 5 (1) of this Directive, have been provided for in paragraph 3. 2 December 1991 on the protection of waters against pollution caused by nitrates from agricultural sources (OJ L 327, 28.12.1991, p EC No 1), as amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council of 29 June 2003, 1 September 2003 (OJ L 327, EU No 1), the public shall be involved in the process of amending, setting out or continuing to amend it. The draft legal regulation as well as information on the participation procedure are to be published in the Federal Gazette. Natural and legal persons, as well as other associations, in particular agricultural and environmental associations, whose interests or their statutory responsibilities are affected by the draft (public concerned), shall have: within a period of six weeks the opportunity to submit a written statement to the Federal Ministry; the date of the expiry of the deadline shall be communicated in the case of the publication in accordance with the second sentence. The Federal Ministry shall take due account of the comments received by the public concerned within the deadline for the adoption of the regulation. The reference to the legal decree issued by the Federal Ministry and announced in the Federal Law Gazette is to be published in the Federal Gazette, in summary form on the expiry of the participation procedure and on the reasons and reasons for the decision. To inform considerations on which the decision taken is based.(5) The Federal Ministry is empowered to regulate the use of certain substances in accordance with § 2 nos. 1 and 6 to 8 by means of a decree-law with the consent of the Federal Council, and to restrict or prohibit certain applications in this connection, insofar as this is the case in § § § 2. 1.(6) The Federal Ministry is empowered to adopt a regulation derogating from paragraphs 1 and 2 by means of a regulation for the purpose of research or testing, provided that there is a legitimate interest for this purpose and that damage to health in humans and Animals or hazards of the natural environment are not to be feared. Non-official table of contents

§ 4 Co-operative actions

The Federal Ministry is authorized by the Federal Council to act with the consent of the Federal Council Provisions relating to recording, reporting, notification or retention obligations relating to the placing on the market, production, transport, transfer or storage of substances pursuant to § 2 (1) and (6) to (8), to the extent that: in order to ensure compliance with § 3 (1) and (2), including in conjunction with a regulation pursuant to paragraph 3 of this Article. Non-official table of contents

§ 5 placing on the market

(1) Substances according to § 2 nos. 1 and 6 to 8, which are not referred to as "EC fertilizers", may only be used in be placed on the market as far as they are suitable,
1.
substantially promoting the growth of crops,
2.
greatly increasing your yield,
3.
significantly improving your quality or
4.
the fertility of the soil, in particular the humus content, which is typical for location and use, to be preserved or sustainably improved,
and the application of the Do not harm the health of humans and animals and do not endanger the natural environment. By way of derogation from the first sentence, substances according to § 2 (1) and (6) to (8) may be placed on the market if such substances are
1.
in another Member State of the European Union or Turkey, or a State which is also a party to the Agreement on the establishment of the European Free Trade Association and the Agreement on the European Economic Area, is lawfully manufactured or lawfully marketed , and
2.
the requirements for protection against risks to human or animal health, or to the natural household, as well as to domestic substances
The sentences 1 and 2 shall not apply to substances which are intended for delivery from the scope of this Act.(2) The Federal Ministry shall be authorized, by means of a regulation with the consent of the Federal Council, insofar as this is necessary for the purposes specified in § 1,
1.
the
2)
2.
prohibit or restrict the placing on the market of certain substances according to § 2 (1) and (6) to (8) or
3.
to prescribe that they are placed on the market only in packaging or in packages or containers of a specific type or closure
(3) In order to comply with the law referred to in paragraph 2, provisions may in particular be adopted on
1.
approved starting materials,
2.
Manufacture type,
3.
Composition according to main and secondary components, in particular Nutrient content, nutrient form and type and content of secondary constituents,
4.
Nutrient availability,
5.
Effects of minor components,
6.
External features, in particular grain size, grinding fineness, screen passage or colouring,
7.
other requirements important to the preparation, application or effect of the substance.
(4) In legal regulations referred to in paragraph 2, it may be used to protect the health of humans and animals or the natural household also
1.
are required to keep the manufacturer of a substance according to § 2 no. 1 and 6 to 8 records to create has
a)
the composition of the substance or
b)
which are used for manufacturing the raw materials used and their origin, as well
2.
the manner in which the records are kept and the duration of their retention.
in the case of a substance record as defined in the first sentence of the first sentence of paragraph 1, the manufacturer shall submit the records at the request of the competent authority or shall transmit them.(5) The Federal Ministry is authorized to depart from paragraph 1 by means of a legal regulation without the consent of the Federal Council
1.
for research or testing purposes. Regulation or
2.
until an amendment to a legal regulation adopted pursuant to paragraph 2 above, for a period of four years at the latest, a provisional "
, provided that there is a legitimate interest in this respect and that there is no risk of damage to the health of humans and animals or to the hazards of the natural environment. The Federal Ministry is also authorized to transfer all or part of the authorization pursuant to sentence 1 to the Federal Institute for Agriculture and Food by means of a regulation without the consent of the Bundesrat. Non-official table of contents

§ 6 EC fertilizers

Fertilizers may be placed on the market only if they are used in the form of "EC fertilizers" a type of fertilizer listed in Annex I to Regulation (EC) No 2003/2003 of the European Parliament and of the Council of 13 June 2003. October 2003 on fertilizers (OJ L 327, 28.12. EU No 1), as last amended by Commission Regulation (EC) No 162/2007 of 19 June 2007. 1 February 2007 (OJ C 327, EU No L 51 p. 7). Non-official table of contents

§ 7 Labelling, packaging

The Federal Ministry is authorized to do so by means of a legal regulation with the consent of the Federal Council, insofar as this is necessary for the purposes specified in § 1, to regulate for substances according to § 2 nos. 1 and 6 to 8 the type and scope of the marking. In particular, the following information may be required in the legal regulations referred to in the first sentence:
1.
Transport designation,
2.
starting materials used for manufacturing,
3.
type of manufacture,
4.
Composition according to main and secondary components, in particular the nutrient content, nutrient form and type and content of secondary components and their classification in Preparation aids, application aids and extrance ingredients,
5.
nutrient availability,
6.
Effects of minor components,
7.
External features, in particular grain size, grinding fineness, screen passage or colouring,
8.
other requirements important to the preparation, application or effect of the substance,
9.
the weight or volume of the packaging unit,
10.
the name or the company of the for the Persons responsible for placing on the market,
11.
Instructions for use, storage or treatment appropriate for use,
12.
the law or legal basis on which the fertilizer, the soil adjuvant, the plant adjuvant or the culture substrate has been placed on the market
Non-official table of contents

§ 8 Tolerances

(1) The Federal Ministry is empowered to do so by means of a legal regulation with the consent of the Federal Councillor to determine tolerable deviations (tolerances) of the contents determined during the surveillance of the data permitted by the legal regulation pursuant to § 7 or permitted under the prescribed labelling, in order to make unavoidable Uncertainties in the production, sampling and analysis are to be collected.(2) The tolerances shall not be used as planned. Non-official table of contents

§ 9 Methods of sampling, analysis methods

The Federal Ministry is empowered to act by means of a legal regulation with the consent of the to prescribe the application of certain methods of sampling and analysis to the extent that it is necessary for the proper supervision of the transport of fertilisers or for the implementation of acts of the institutions of the European Community or of the institutions of the European Community European Union in the area of fertilizer legislation. The legal regulation referred to in the first sentence may include a description of the sampling methods and methods of analysis by referring to publications in the Official Journal of the European Community or the European Union or to publications in general shall be replaced by approved sampling methods and analytical methods, with reference to the source of the reference. Non-official table of contents

§ 10 Scientific Advisory Board

The Federal Ministry is authorized to do so by means of a legal regulation without the consent of the Federal Council to establish a Scientific Advisory Board to advise it on fertilization issues. The Advisory Council shall, in particular, represent the areas of soil science, plant nutrition, plant construction, water science, toxicology, ecotoxicology and epidemiological hygiene by scientists working in these fields be. The legal regulation referred to in the first sentence may be used to regulate the composition of the Advisory Council, the appointment of the members and the Rules of Procedure. Non-official table of contents

§ 11 Sewage Sludge Compensation Fund

(1) The one provided for by Article 4 (8) of the Law of 27. September 1994 (BGBl. 2705), compensation funds have to be replaced by the damage to persons and property resulting from the use of sewage sludge, as well as consequential damage resulting from the use of sewage sludge.(2) The contributions to this Fund shall be made by all producers of sewage sludge to the extent that they deliver the sewage sludge for agricultural use. When sewage sludge is shipped within the scope of this law, the contributions shall be made by the owner of the sewage sludge which spends or leaves the sewage sludge within the scope of this law, provided that the sludge is the sewage sludge. for agricultural purposes.(3) The Federal Ministry is authorized, in agreement with the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety, and the Federal Ministry of Economics and Technology, by means of a regulation with the consent of the Federal Council to be issued via
1.
the legal form of the compensation fund,
2.
the education and the further development of the compensation fund, including the necessary financial equipment up to an amount of EUR 125 million,
3.
the administration of the Compensation Fund,
4.
the amount and the determination of the contributions and the nature of their application, taking into account the nature and quantity of the sewage sludge discharged, and an obligation to pay after the exhaustion of the financial equipment provided for in point 2,
5.
a reasonable deductitiy for property damage and an adequate amount of adequate compensation ceiling, in particular taking into account the extent of the damaged area,
6.
the transfer of claims against others Substitutes to the compensation fund, to the extent that the compensation fund has satisfied the claims, and their assertion,
7.
The procedures and powers of the Compensation Fund competent authority,
8.
the rights and obligations of the person responsible for the contribution to the compensation fund and the person referred to in paragraph 7 Authority.
(4) A legal regulation in accordance with paragraph 3 shall be forwarded to the Bundestag before being sent to the Bundesrat. The legal regulation may be amended or rejected by decision of the Bundestag. The decision of the Bundestag shall be forwarded to the Federal Government. If the Bundestag has not dealt with it after the expiry of three weeks of proceedings since the receipt of the legal regulation, the unchanged legal regulation shall be forwarded to the Bundesrat. As far as the legal regulation is amended on the basis of the decision of the Federal Council, there is no need to resupply the Bundestag to the Bundestag. Non-official table of contents

§ 12 Monitoring

(1) Compliance with the provisions of this Act and the provisions adopted pursuant to this Act Subject to the provisions of paragraph 2, legal regulations and directly applicable acts of the European Community or of the European Union in the area of fertilizer law shall be monitored by the competent authorities of the country.(2) The Federal Agency for Agriculture and Food is responsible for the management of the compensation fund in accordance with Section 11 (1). It shall be the competent authority to monitor compliance with § 11 and the legal regulations adopted pursuant to this provision.(3) Natural and legal persons and non-legal persons ' associations shall, on request, provide the competent authorities with the information necessary for the enforcement of the law by this law or by reason of this law. is required.(4) Persons responsible for the responsibility of the competent authority may enter, within the framework of paragraphs 1 and 2, land, offices, premises and means of transport of the party responsible for providing information during the business or operating period, and shall be there
1.
Visits,
2.
Samples without payment for receipt of receipt
3.
See business documents.
The person responsible for providing the information has to tolerate the measures set out in the first sentence, the persons responsible for monitoring in the case of these measures and to submit the business documents.(5) The notifying party may refuse to provide information on such questions, the answer to which he or she himself or one of the members of the civil procedure referred to in § 383 (1) (1) to (3) of the Code of Civil Procedure of the risk of criminal prosecution or of a Proceedings under the Law on Administrative Offences would be suspended.(6) The federal and state authorities responsible for the implementation of this law have each other
1.
the authorities responsible for the law enforcement of the law and
2.
to assist in the investigation activity.
The competent authorities may, in so far as they comply with the requirements of this Act, be able to: or the legal regulations adopted pursuant to this Act are required or required by acts of the European Union, data which they have obtained in the context of surveillance, other competent authorities in the same country, the competent authorities of other countries, the Federal Government or any other Member State or the European Commission. Non-official table of contents

§ 13 Government orders

The competent authority can complete the violations and the violations identified by the competent authority. Avoidance of future breaches of this law and the legal regulations adopted pursuant to this Act, as well as directly applicable acts of the European Community or of the European Union in the area of fertilizer law the necessary arrangements. In particular, it may order
1.
the setting of fertilizer measures, the legal regulations issued against § 3 para. 1 or 2 or on the basis of § 3 para. 3 or 5 ,
2.
order the placing on the market of fertilizer parts which are contrary to § 5 (1) or (6) or contrary to one pursuant to section 5 (2) ,
3.
temporarily prohibit a substance from being placed on the market or used in accordance with § 2 (1) or (6) to (8) until the result of the examination of an extracted sample is present,
4.
monitor a measure or, if necessary, order it to prevent it from being taken, that a substance according to § 2 (1) or (6) to (8), which has not yet reached the consumer, is also placed on the market (withdrawal) by other economic operators, or that a substance has been returned to the market in accordance with § 2 No 1 or 6 to 8 that has already reached or may have reached the consumer or the user (recall).
Non-official Table of Contents

§ 14 Penal Money Provisions

(1) Contrary to the law, anyone who uses a fixed tolerance in accordance with the provisions of Section 8 (2) is acting in accordance with the plan.(2) An administrative offence is involved, who intentionally or negligently
1.
of a legal regulation
a)
according to § 3 para. 3 or paragraph 5, also in conjunction with § 15 paragraph 6,
b)
according to § 4, also in connection with § 15 (6),
c)
pursuant to § 5 (2), also in conjunction with § 15 (6),
d)
pursuant to § 7, also in § 15 (6),
e)
in accordance with § 11 para. 3 no. 7 or 8
or a enforceable order contrary to such a decree, to the extent that: the legal regulation for a particular case refers to this fine,
2.
placing fertilizer on the market against § 6,
3.
contrary to § 12 para. 3, an information is not provided, not correct or not in full or in good time,
4.
contrary to § 12 para. 4 sentence 2, a measure does not tolerate, does not support persons or does not submit business documents,
5.
a workable arrangement in accordance with § 13 sentence 2, or
6.
of a direct current Provision in legal acts of the European Community or of the European Union in the scope of application of this Act, in so far as a legal regulation in accordance with Article 15 (1) of this Act applies to a certain amount of action on this fine
() The administrative offence may be punishable by a fine of up to EUR 15 000, in the cases referred to in paragraph 2 (1) (e) up to two thousand-five hundred euro.(4) Fertilizers and substances to which an administrative offence referred to in paragraph 2 (1) (c) or (2) are concerned may be recovered. § 23 of the Law on Administrative Offences shall apply. Non-official table of contents

§ 15 Legal regulations in certain cases

(1) The Federal Ministry is authorized to do so in order to enforce the Acts of the European Community or of the European Union shall be required to designate, by means of a regulation without the consent of the Bundesrat, the facts which may be punishable as an administrative offence pursuant to Article 14 (2) (6).(2) The Federal Ministry is authorized to act in accordance with this law or in the legal regulations issued by it pursuant to this Act, without the consent of the Bundesrat, without the consent of the Bundesrat. style="font-weight:normal; font-style:normal; text-decoration:none; ">
1.
referrals to rules in European Community or European Union acts If necessary to adapt to changes in these rules, modify
2.
Delete rules or in their wording a remaining the scope of application, insofar as they have become inapplicable by the adoption of appropriate provisions in regulations of the European Community or of the European Union.
(3) Legal orders under this Act, which shall: The Federal Council shall be subject to the consent of the Federal Council, in the event of danger in the case of danger or if it enters into force without delay in order to implement acts of the European Union, the substantive areas of this Act, in particular on the marketing of or application of of fertilizers, which are necessary without the consent of the Federal Council. Legal regulations in accordance with the first sentence do not require the agreement of the federal ministries to be held in each case. The legal regulations shall be repeals no later than six months after their entry into force. Your period of validity can only be extended with the approval of the Federal Council.(4) The Federal Ministry may act in accordance with this Act, which shall apply exclusively to the implementation of binding technical provisions from directives or decisions of the European Union, the substantive areas of this Act, in particular the Transport with or use of fertilizers, will be used without the consent of the Federal Council.(5) Legal regulations may be announced in the Federal Gazette by way of derogation from § 2 (1) of the Law of the Annunciation and Notices Act.(6) In the legal regulations under this law, except for § 11, the respective empowerment may be transferred in whole or in part to the state governments. To the extent that a decree issued in accordance with the provisions of the first sentence authorises the national governments to issue legal orders, they are entitled to do so,
1.
except in the case of a legal regulation pursuant to § 3 (3) No. 2 to 8 the authorization to transfer all or part of the authorization to other authorities by means of a legal regulation,
2.
in the case of a legal regulation in accordance with Section 3 (3) in general or in individual cases, to allow exceptions to individual regulations, insofar as this is necessary in order to provide special
in the case of sentence 1 in conjunction with the second sentence of sentence 2, section 3 (4) shall apply mutas. Non-official table of contents

§ 16 Empowerment to repeal legislation

To the extent that changes to this law have been made available to Regulations of the Federal Republic of Germany, which are based on such authorisations, may be repealed by the Federal Ministry's legal decree without the consent of the Federal Council. Non-official table of contents

§ 17 Transitional regulation

Until the entry into force of a legal regulation pursuant to § 5 (2), by which the fertilizer regulation of the 16. December 2008 (BGBl. 2524), as last amended by the Regulation of 14 December 2008. December 2009 (BGBl. I S. 3905) has been replaced, by way of derogation from Article 3 (1), first sentence, point 2 of Article 2 (1) in conjunction with paragraph 2 and Section 10 (2) (2) of the Fertiliser Act of 15 June 2000. November 1977 (BGBl. 2134), as last amended by Article 6 of the Law of 9. December 2006 (BGBl. 2819; 2007 I p. 195), it is also necessary to continue to apply. The Federal Ministry has published the day after sentence 1 in the Federal Law Gazan. Non-official table of contents

§ 18 Entry into force, override

This law occurs on ... *) in force.
*)
Note of the written instructions: The law enters into force in accordance with the second sentence of Article 82 (2) of the Basic Law with the fourteenth days after the end of the day in which the Federal Law Gazan has been issued.