Fertilizer Act *)

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Fertilizer

Date of completion: 09.01.2009

Full quote:

" Fertilizer law *) of 9 January 2009 (BGBl. 54, 136), the most recent of which is Article 1 of the Law of 15 March 2012 (BGBl. I p. 481).

Status:

Last amended by Art. 1 G v. 15.3.2012 I 481

For more details, please refer to the menu under Notes

*)

The obligations laid down in Directive 98 /34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and of the provisions relating to the services of The Information Society (OJ C 37), as last amended by Directive 2006 /96/EC of 20 November 2006 (OJ L 204, 21.7.2006, p. 81), has been complied with.

Footnote

(+ + + Text proof: 6.2.2009 + + +) 
(+ + + Official note from the norm-provider on EC law: 
 Consideration of 
 ERL 34/98 (CELEX Nr: 31998L0034) + + +) 

  

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Input formula

With the approval of the Federal Council, the Bundestag has adopted the following law: Unofficial table of contents

§ 1 Purpose

The purpose of this law is to

1.

to ensure the nutrition of crops,

2.

maintain or sustainably improve the fertility of the soil, in particular the location and use-typical humus content,

3.

Prevention or prevention of risks to the health of humans and animals and of the natural environment resulting from the production, placing on the market or use of fertilisers, soil adjuvants, plant aids and culture substrates or by other measures of fertilizer,

4.

To implement or implement acts of the European Community or of the European Union concerning the subject matter of this Act, in particular on the marketing of or use of fertilizers.

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§ 2 Definitions

For the purposes of this Act

1.

fertilisers are substances, with the exception of carbon dioxide and water, which are intended to:

a)

to feed crops in order to promote their growth, increase their yield or improve their quality, or

b)

to maintain or improve soil fertility;

2.

are economic fertilizers: fertilizers, which

a)

as animal excretions

aa)

the keeping of animals for the production of food or

bb)

the other position of animals in agriculture, or

b)

plant-based substances in the context of crop production or in agriculture,

also in mixtures with one another or after aerobic or anaerobic treatment, are produced or produced;

3.

is fixed: economic fertilizer from animal excretions, whether or not with litter, in particular straw, sawdust, peat or other vegetable material which has been added within the framework of animal husbandry, or with feed residues, of which: the dry substance content exceeds 15 of the hundred;

4.

is manure: economic fertilizer from animal excretions, even with small quantities of litter or fodder residue or addition of water, the dry matter content of which does not exceed 15 of the hundred;

5.

Jauche: a mixture of urine and fine components of the food or litter as well as of water; Jauche can contain only a small amount of food residues, as well as cleaning and precipitation water;

6.

soil excipients: substances with no substantial nutrient content and micro-organisms which are intended to be used for the purpose of:

a)

to influence the biological, chemical or physical properties of the soil in order to improve the growth conditions of crops; or

b)

to promote the symbiotic binding of nitrogen;

7.

Plant aids: substances which have no substantial nutrient content and which are intended to act on plants in a biological or chemical form in order to achieve a plant-building, production or performance benefit, provided that: are not plant-hardening agents within the meaning of Section 2 (16) of the Plant Protection Act;

8.

are cultural substrates: substances intended to serve as a root area for crop plants and which are used for this purpose in soils, applied to soils or used in soil-independent applications;

9.

Manufacture: the winnings, treatment, processing, mixing or other preparation of substances according to points 1 and 6 to 8;

10.

Is placed on the market: the offering, holding of holding, holding and each dispensing of substances as set out in the first sentence of 1 and 6 to 8 to others;

11.

is commercial: activity within the framework of a business or otherwise for employment purposes.

The placing on the market within the meaning of the first sentence of sentence 1 (10) shall be the same as being placed within the scope of this Act for the purpose of surrender to others and shall be the same as the levy between Members within persons Unofficial table of contents

§ 3 Application

(1) Substances according to Articles 2 (1) and (6) to (8) may only be applied to the extent that:

1.

a type approved by a direct act of the European Community or of the European Union on the marketing or use of fertilisers, or

2.

the requirements for placing on the market pursuant to a regulation on the basis of Article 5 (2) or (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 Section 2 (1) and (6) to (8) may be applied if the substances

1.

in another Member State of the European Union, of Turkey or of 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, have been produced or lawfully placed on the market, and

2.

meet the requirements for protection against risks to human or animal health or the natural environment, as well as to domestic substances.

(2) Substances according to § 2 no. 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. The German Federal Ministry of Food, Agriculture and Consumer Protection (Federal Ministry for Food, Agriculture and Consumer Protection) is authorized to make use of the plant and the soil in order to ensure that the plant and soil are used in the manner, quantity and time of application. In agreement with the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety, by means of a regulation with the consent of the Federal Council, the requirements of good professional practice within the meaning of paragraph 2 are to be determined in greater detail. In order to protect the waters against pollution, in particular by nitrates, provisions may also be adopted in accordance with the provisions of the first sentence of the first sentence,

1.

periods in which the application of certain fertilisers on agricultural land is prohibited,

2.

surface-based limits for the application of nutrients from economic fertilizers of animal origin,

3.

the application of fertilizers to heavily inclined agricultural land,

4.

the application of fertilizers to water-saturated, flooded, frozen or snow-capped soils,

5.

the conditions for the application of fertilizers on agricultural land close to watercourses;

6.

the taking into account of nutrients arising from grazing as well as nutrients supplied by other measures than fertilisation,

7.

the records of the use of fertilizers,

8.

the technique for the application of fertilizers;

9.

the storage capacity for economic fertilizers.

Rules for the protection of soil fertility may also be laid down in the legal regulations referred to in the first sentence. (4) Where, in accordance with Article 5 (1) of Council Directive 91 /676/EEC, action programmes referred to in Article 5 (1) of Council Directive 91 /676/EEC of 12 May 1992 have been adopted pursuant to paragraph 3 of this Article. 2 December 1991 on the protection of waters against pollution caused by nitrates from agricultural sources (OJ No L 327, 28.12.1991 EC No 1), as amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council of 29 September 2003 (OJ L 284, 31.10.2003, p. 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 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. (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 hereby to restrict or prohibit certain applications, to the extent to which they are referred to in § 1 (6) The Federal Ministry is empowered to adopt a regulation derogating from paragraphs 1 and 2 by means of a regulation for research or experimental purposes, provided that there is a legitimate interest for this purpose, and Damage to health in humans and animals or hazards to the natural environment is not to be feared. Unofficial table of contents

§ 4 Co-acting

The Federal Ministry is empowered to adopt, by means of a regulation with the consent of the Federal Council, provisions relating to record, reporting, notification or retention obligations relating to the placing on the market, production, transport, the acquisition or storage of substances in accordance with § 2 (1) and (6) to (8), in so far as this is necessary in order to ensure compliance with § 3 (1) and (2), including in conjunction with a legal regulation as referred to in paragraph 3. Unofficial table of contents

§ 5 Marketing

(1) Substances according to Articles 2 (1) and 6 to 8, which are not referred to as "EC fertilizers", may only be placed on the market where such substances are suitable,

1.

to substantially promote the growth of crops,

2.

to substantially increase their yield,

3.

to significantly improve their quality, or

4.

maintain or sustainably improve the fertility of the soil, in particular the location and use-typical humus content,

and which, if applied in an appropriate way, 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 referred to in Article 2 (1) and (6) to (8) may be placed on the market if the said substances

1.

in another Member State of the European Union or of Turkey or of 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, have been lawfully manufactured or lawfully placed on the market and

2.

meet the requirements for protection against risks to human or animal health or the natural environment, as well as to domestic substances.

Sentences 1 and 2 shall not apply to substances which are intended for delivery from the scope of this Act. (2) The Federal Ministry is authorized to do so by means of a decree law with the consent of the Federal Council, insofar as this is the case in § 1. is required for the purpose of

1.

to determine the more detailed requirements for placing on the market,

2.

prohibit or restrict the placing on the market of certain substances in accordance with Article 2 (1) and (6) to (8) or

3.

to ensure that they are placed on the market only in packaging or in packages or containers of a particular type or closure.

(3) In accordance with the provisions of paragraph 2, provisions may in particular be adopted on:

1.

-approved starting materials,

2.

the type of manufacture,

3.

Composition according to main and secondary components, in particular the nutrient content, nutrient form and type and content of secondary constituents,

4.

nutrient availability,

5.

the effect of secondary components,

6.

external characteristics, in particular grain size, grinding fineness, sieve passage or colouring,

7.

Other important requirements for the preparation, application or effect of the substance.

(4) The legal regulations referred to in paragraph 2 may also provide for the protection of human and animal health or the nature of the natural environment

1.

the manufacturer of a substance shall be required to draw up records in accordance with Article 2 (1) and (6) to (8) above

a)

the composition of the substance or

b)

the raw materials used for the production and their origin, and

2.

the manner in which the records are kept and the duration of their retention.

Where records are required for a substance in accordance with the first sentence of the first sentence of the first sentence, the manufacturer shall submit or submit the records at the request of the competent authority. (5) The Federal Ministry shall be authorized to do so by means of a legal regulation without Approval of the Federal Council

1.

For research or experimental purposes, a derogation from paragraph 1, or

2.

, pending the amendment of a legislative regulation adopted pursuant to paragraph 2, for a period of four years at the latest, a provisional scheme

, in so far as there is a legitimate interest in this respect and where there is no risk of damage to the health of humans and animals or to hazards to 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 without the consent of the Federal Council. Unofficial table of contents

§ 6 EC fertilizer

Fertilisers may be placed on the market only if they comply with a type of fertiliser listed in Annex I to Regulation (EC) No 2003/2003 of the European Parliament and of the Council of 13 June 2003 on fertilizer. 1 October 2003 on fertilizers (OJ L 327, EU No 1), as last amended by Commission Regulation (EC) No 162/2007 of 19 February 2007 (OJ L 327, 28.11.2007, p. EU No L 51 p. 7). Unofficial table of contents

§ 7 Labelling, packaging

The Federal Ministry is empowered to regulate the nature and scope of the marking by means of a legal regulation with the consent of the Federal Council, insofar as this is necessary for the purposes specified in § 1 above. The following information may be required, in particular, in the legal regulations referred to in the first sentence:

1.

the name of the traffic,

2.

the starting materials used for the production,

3.

the type of manufacture,

4.

Composition according to main and secondary components, in particular the nutrient content, the form of nutrients and the nature and content of secondary constituents, as well as their classification in processing aids, application aids and foreign constituents,

5.

nutrient availability,

6.

the effect of secondary components,

7.

external characteristics, in particular grain size, grinding fineness, sieve passage or colouring,

8.

other important requirements for the preparation, application or effect of the substance,

9.

the weight or volume of the packaging unit;

10.

the name or the name of the person responsible for placing on the market,

11.

advice on the appropriate use, storage or treatment,

12.

the legal provision or legal basis on which the fertilizer, soil adjuvant, plant adjuvant or the culture substrate has been placed on the market.

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§ 8 Tolerances

(1) The Federal Ministry shall be authorized, by means of a legal regulation with the consent of the Federal Council, to derogations (tolerances) of the contents established in the supervision of the legal regulation pursuant to Section 7 or within the scope of the (2) The tolerances must not be used as planned. (2) The tolerances must not be used in accordance with the plan. Unofficial table of contents

§ 9 Methods of sampling, analysis methods

The Federal Ministry is empowered to prescribe, with the consent of the Federal Council, the application of certain sampling methods and methods of analysis with the consent of the Federal Council, in so far as it is necessary for the proper supervision of the fertilizer traffic or the Implementation of acts of the institutions of the European Community or of the European Union in the field of fertilizer law. 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 methods of analysis with reference to the source of the reference. Unofficial table of contents

§ 10 Scientific Advisory Board

The Federal Ministry is authorized to set up a Scientific Advisory Council without the consent of the Federal Council, which advises it on fertilisation 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. Unofficial table of contents

§ 11 Sewage Sludge-Compensation Fund

(1) The Article 4 (8) of the Law of 27 September 1994 (BGBl). 2705), the compensation fund has to replace the damage to persons and property resulting from the agricultural recovery of sewage sludge, as well as the consequential damage resulting from it. (2) The contributions to this fund are of all Manufacturers 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 Act, 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 it is used for sewage sludge. (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 legal regulation , with the consent of the Federal Council,

1.

the legal form of the compensation fund,

2.

the formation and further development of the compensation fund, including the necessary financial resources, up to a maximum of EUR 125 million;

3.

the management of the compensation fund,

4.

the amount and the definition of the contributions and the manner in which they are applied, taking into account the nature and quantity of the sewage sludge discharged, and the obligation to pay in the event of the exhaustion of the financial resources referred to in paragraph 2,

5.

appropriate deductions for property damage and a reasonable maximum amount of compensation, taking into account, in particular, the extent of the damaged area,

6.

the transfer of claims against other substitutes to the compensation fund, in so far as it has satisfied the claims, and the assertion of such claims,

7.

the procedures and powers of the authority responsible for the supervision of the compensation fund,

8.

the rights and obligations of the person responsible for the contribution to the compensation fund and the authority referred to in point 7.

(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 for a resupply to the Bundestag. Unofficial table of contents

§ 12 Monitoring

(1) Compliance with the provisions of this Act and of 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 field of fertilizer law, shall be: (2) The administration of the compensation fund in accordance with § 11 para. 1 is the responsibility of the Federal Institute for Agriculture and Food. It is the competent authority for the supervision of compliance with § 11 and the legal regulations issued pursuant to this provision. (3) Natural and legal persons and non-legal persons ' associations shall have the competent authorities to supply, at the request of the competent authority, the information necessary for the performance of the tasks assigned to the authorities by this law or by reason of this law. (4) Persons charged by the competent authority may, within the limits of the Paragraphs 1 and 2, land, premises, operating rooms and means of transport of the Enter and enter the information required during the business or business hours

1.

make visits,

2.

take samples without payment for receipt of a receipt,

3.

business documents.

The party responsible for providing information shall condone the measures referred to in the first sentence, assist the persons responsible for monitoring those measures and submit the business documents. (5) The party responsible for providing the information may provide information on such measures. Refuse to answer questions the answer of which he or one of the members of the civil procedure referred to in § 383 (1) (1) to (3) of the Code of Civil Procedure departs from the risk of criminal prosecution or proceedings under the law on administrative offences (6) The federal authorities responsible for the implementation of this law. and the countries have each other

1.

to communicate to the authorities responsible for the enforcement of the law, and

2.

in support of investigative activities.

The competent authorities may, in so far as is necessary to comply with the requirements of this law or the legal regulations adopted pursuant to this Act, or be required by acts of the European Union, data which they shall: have been subject to surveillance by other competent authorities in the same country, to the competent authorities of other countries, to the federal or other Member States or to the European Commission. Unofficial table of contents

§ 13 Public orders

The competent authority may determine the infringements identified in order to prevent and prevent any future infringements of this law and the legal regulations adopted pursuant to this Act, as well as directly applicable acts of the the European Community or the European Union in the area of fertilizer legislation. It may in particular:

1.

Order the cessation of fertiliser measures in violation of Article 3 (1) or (2) or on the grounds of Article 3 (3) or (5) of the decree,

2.

order the placing on the market of parts of fertiliser which are placed on the market in breach of § 5 (1) or (6) or contrary to a regulation adopted pursuant to section 5 (2) of this Regulation,

3.

prohibit temporarily that a substance is placed on the market or used in accordance with § 2 (1) or (6) to (8) until the result of the examination of a sample taken is available,

4.

monitor or, if necessary, order a measure to prevent a substance from being placed on the market by other economic operators, in accordance with Article 2 (1) or (6) to (8), which has not yet reached the consumer (withdrawal), or the return of a substance placed on the market in accordance with § 2 (1) or (6) to (8), which has already reached or may have reached the consumer or the user (recall).

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Section 14 Penal rules

(1) An administrative offence is, who, contrary to § 8 para. 2, exploits a fixed tolerance according to plan. (2) Administrative offences are those who intentionally or negligently

1.

a legal regulation

a)

in accordance with Section 3 (3) or (5), also in conjunction with Section 15 (6),

b)

in accordance with § 4, also in conjunction with Section 15 (6),

c)

in accordance with Section 5 (2), also in conjunction with Section 15 (6),

d)

in accordance with § 7, also in conjunction with Section 15 (6),

e)

in accordance with Section 11 (3) Nos. 7 or 8

or a enforceable order under such a decree, provided that the legal regulation refers to that fine for a particular case,

2.

Against § 6 of the fertilizer market,

3.

, contrary to Section 12 (3), information is not provided, not correct or not in full or in time,

4.

Contrary to § 12 (4) sentence 2, a measure is not tolerated, does not support persons, or does not submit business documents,

5.

an enforceable order in accordance with § 13 sentence 2, or

6.

of a directly applicable provision in legal acts of the European Community or of the European Union within the scope of this Act, in so far as a legal regulation pursuant to Article 15 (1) of this Act applies to a particular event Fine-money provision refers to.

(3) The administrative offence may be punishable by a fine of up to fifteen thousand euros, in the cases referred to in paragraph 2 (1) (e) up to two thousand five hundred euros. (4) Fertilizers and substances to which an administrative offence shall be subject to the provisions of paragraph 1 (1) (e) of the 2 (1) (c) or (2), may be recovered. § 23 of the Law on Administrative Offences shall apply. Unofficial table of contents

Section 15 Legal orders in certain cases

(1) The Federal Ministry shall be authorized, in so far as it is necessary for the enforcement of the acts of the European Community or of the European Union, to designate, by means of a regulation without the consent of the Federal Council, the facts which: (2) The Federal Ministry is authorized to act in accordance with this law or in accordance with the provisions of this Act by the Federal Council without the consent of the Federal Council. Legal Regulations

1.

to amend references to provisions in European Community or European Union legislative acts to the extent necessary to adapt them to amendments to those provisions,

2.

to delete provisions or to adapt them in their wording to a remaining area of application in so far 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 require the consent of the Bundesrat, may in the event of danger in the case of danger or if it enters into force without delay for the implementation of acts of the European Union, the substantive areas of this law, in particular on the marketing of fertilisers or the use of fertilizers, is required without the consent of the Bundesrat. 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. The Federal Council can only extend its period of validity with the consent of the Federal Council. (4) The Federal Ministry may impose legal regulations under this Act, which are exclusively the implementation of binding technical regulations from directives or decisions of the Federal Republic of Germany. The European Union, which covers matters of this law, in particular on the marketing or use of fertilisers, shall be adopted without the consent of the Federal Council. (5) Legal regulations may, by way of derogation from § 2 (1) of the Announcing and announcing law in the Federal Gazette (6) In the legal regulations under this law, except for § 11, the respective empowerment can be transferred in whole or in part to the state governments. To the extent that a regulation adopted pursuant to the provisions of the first sentence authorises the national governments to issue legal orders, they shall be entitled to:

1.

except in the case of a legal regulation pursuant to § 3 (3) (2) to (8), to transfer all or part of the authorisation to other authorities by means of a regulation of the law,

2.

in the case of a legal regulation in accordance with Article 3 (3), in general or in individual cases, to allow derogations from individual provisions, to the extent that this is necessary in order to take account of special operational circumstances or to give undue hardship to avoid.

In the case of the first sentence in conjunction with the second sentence, no. 2, Section 3 (4) shall apply mutatily. Unofficial table of contents

Section 16 authorizing the repeal of legislation

To the extent that modifications to this Act have led to the adoption of legal regulations of the Federal Republic of Germany, provisions based on such authorisations may be adopted by the Federal Ministry without the consent of the Federal Ministry of the Interior. Federal Council is repealed. Unofficial table of contents

Section 17 Transitional regime

Until the entry into force of a legal regulation pursuant to § 5 (2), by which the Fertilizer Regulation of 16 December 2008 (BGBl. 2524), as last amended by the Regulation of 14 December 2009 (BGBl I). I S. 3905) has been replaced, by way of derogation from § 3 (1), first sentence, point 2 of § 2 (1) in conjunction with paragraph 2 and Section 10 (2) point 2 of the Fertiliser Act of 15 November 1977 (BGBl. 2134), as last amended by Article 6 of the Law of 9 December 2006 (BGBl I). 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. Unofficial table of contents

Section 18 Entry into force, external force

This law occurs at ... ^*) in force.

*)

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