Full text of Act No. 461 / 2004 Coll.
Full text of Act No. 156 / 1998 Coll., on Fertilisers, Soil aid, Auxiliary Plant Products and Subsubstrates and on Agrochemical Testing of Agricultural Soils (Fertilisers Act), as resulting from subsequent amendments
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11.08.2004
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461
PRESIDENT OF THE GOVERNMENT
Announces
complete version of Act No. 156 / 1998 Coll., on Fertilisers, Soil Auxiliary Substances, Auxiliary Plant Products and Subsubstrates and on Agrochemical Testing of Agricultural Soils (Fertilisers Act), as follows from amendments made by Act No. 308 / 2000 Coll., Act No. 147 / 2002 Coll. and Act No. 317 / 2004 Coll.
THE LAW
concerning fertilisers
Parliament has decided on this law of the Czech Republic:
Subject matter
(1) This Act lays down, in accordance with the law of the European Community1), conditions for the circulation, storage and use of fertilisers, manure, soil improvers, auxiliary plant products and substrates, conditions for agrochemical testing of agricultural soils, conditions for the detection of the soil characteristics of forest parcels and certain conditions for the use of treated opals1a), as well as the powers of professional supervision of compliance with the obligations laid down by this Law, including the authorisation to impose penalties. This law also applies to fertilisers, soil improvers, plant aids and substrates intended for use as raw materials for further processing.
(2) This law does not apply to:
(a) fertilisers, soil improvers, plant aids and substrates which are exclusively intended for export and are so clearly labelled;
(b) fertilisers, soil improvers, plant aid products and substrates provided for research, development and experimental purposes.
(3) The provisions of this Act shall apply to manure and treated sludge only if it is expressly stated and to the extent set out therein. The provisions of Sections 7, 8, 12, 13, 14 (4) and (5), 14a, 14b (2) (a) and (b), 14c and 15 shall apply to fertilisers, soil improvers, aids and substrates intended for use as raw materials for further processing.
Definition of terms
For the purposes of this Act:
(a) fertiliser a substance containing nutrients for the nutrition of cultural plants and forest trees, for the maintenance or improvement of soil fertility and for a favourable influence on the yield or quality of production;
(b) manure, manure, urinals, slurry, straw and other residues of plant origin and other by-products resulting from livestock farming, mainly in agricultural primary production, if they are not further modified;
(c) a soil aid substance without an effective amount of nutrients that biologically, chemically or physically affect the soil, improves its state or increases fertiliser efficiency;
(d) an auxiliary herbal preparation of a substance without an effective amount of nutrients which otherwise adversely affects the development of cultural plants or the quality of plant products;
(e) a substrate for the incorporation and cultivation of plants; the substrate is mainly peat, soil or mixtures thereof,
(f) by putting into circulation the offering of fertilisers, manure, soil improvers, auxiliary plant products and substrates for sale or other means of transfer, their sale or other means of transfer and storage for sale or other means of transfer;
(g) soil fertility the ability of soil to allow plants to grow, develop and achieve the desired yield, quality and safety of production;
(h) a risk element or a risk substance which may adversely affect the properties of the soil or the quality of production or the food chain;
(i) a fertiliser type with a specified nutrient content and the same nutrient form and solubility.
Input of fertilisers
(1) Only fertilisers which:
(a) are registered under this law; This does not apply in respect of a fertiliser complying with the requirements of this Act, which corresponds to the type of fertiliser referred to in the Decree, which the Decree states is EC fertiliser and which is marked by the words "EC FERTINGS ',
(b) do not endanger the fertility of the soil or human or animal health;
(c) do not harm the environment (paragraph 2 (c));
(d) comply with the labelling, packaging and storage requirements laid down by this law;
(e) are not impaired.
(2) No fertiliser or manure shall be put into circulation
(a) unmarked;
(b) marked with false or misleading data (3);
(c) for which the content of the risk elements or substances is higher than that laid down in the Decree.
The provisions of point (a) shall not apply to manure provided that it is supplied directly by the manufacturer to the consumer and does not insist on the labelling.
(3) The provisions of paragraphs 1 and 2 apply mutatis mutandis to soil improvers, plant aid products and substrates (hereinafter referred to as "aids").
(4) Derogations are permitted from the chemical and physical properties of the fertiliser referred to in the marketing authorisation for fertiliser (Section 5 (1) (c)) and in the labelling of the nutrient content, its form and solubility (Section 7 (1) (c)) within the scope of the decree. Derogations are not allowed for data values specified as maximum, minimum or range of values. The extent of the derogations shall be determined in such a way as to take into account the non-influential errors arising from the production of fertiliser, collection or chemical analysis of the control sample.
(5) The Ministry of Agriculture (hereinafter referred to as "the Ministry") sets out by decree the risk elements and the risk substances, their limit values for each group of fertilisers, manure and aids, as well as the tolerances.
Registration of fertilisers
(1) The registration of fertiliser is decided by the Central Agricultural Control and Examination Institute (hereinafter referred to as "the Institute") at the request of the manufacturer or importer 1b, who are authorised to do business under the Specific Regulations (4) and are resident, if any, in the territory of the Czech Republic, if it is a natural person or a legal person, in the territory of the Czech Republic (hereinafter referred to as "the applicant"), unless otherwise provided for in the international agreement to which the Czech Republic is bound.
(2) The application for registration of fertilisers contains:
(a) the name, surname (hereinafter referred to as "first name") and residence of the applicant, and, where applicable, the identification number, if any, if it is a natural person, or the trade name, registered office or legal form of business, and the identification number, if it is a legal person;
(b) information on the manufacturer within the scope of point (a) if the importer is the applicant,
(c) the name of the fertiliser, its type and, where appropriate, the type;
(d) the content of each part of the fertiliser, including the content of the risk elements and the risk substances, in the case of nutrients, their form and solubility;
(e) granularity and fineness of milling fertiliser;
(f) the weight of the fertiliser and, where appropriate, the volume,
(g) the extent and method of application of the fertiliser and the conditions for its storage;
(h) a description of the production process, including the list of raw materials used to produce the fertiliser;
(i) a statement by the relevant authorised person that the explosive is not covered by a special Regulation (5), if it is an ammonium nitrate fertiliser.
(3) When an application is submitted, the applicant must pay the administrative fee in accordance with the special Regulation (6). The applicant shall provide the Institute with the necessary samples of the fertiliser or allow them to be collected and provide additional supporting documents and information necessary for the registration procedure.
(4) If the fertiliser complies with the requirements laid down by this law and if it corresponds to the type referred to in the Decree, the Institute shall issue a marketing authorisation no later than 60 days after the date on which the application was received.
(5) If the fertiliser does not comply with the type referred to in the Decree, the Institute shall carry out the examination of its properties by biological tests and tests (hereinafter referred to as the "examination '); the necessity for the fertiliser to be examined by the applicant's institute to be informed (7).
(6) The Institute shall decide on the application at the latest:
(a) within 6 months, unless the registration procedure requires biological testing;
(b) up to 18 months if biological testing is necessary in the greenhouse or hall;
(c) within 36 months if biological testing is necessary in the field;
from the date of receipt of the request.
(7) The Institute can recognise the result of the examination carried out by other professional centres, including those which have their registered office outside the Czech Republic, and abandon their own examination.
(8) The costs of professional activities linked to the registration procedure shall be borne by the applicant.
(9) The provisions of paragraphs 1 to 8 shall apply mutatis mutandis to the excipients, with the examination of their properties at all times.
(10) The Ministry shall establish by decree the types of fertiliser (including EC fertiliser), binding procedures for the sampling of fertilisers, aids and manure and for the carrying out of chemical analyses, biological tests and tests.
Marketing Authorisation
(1) The Institute shall issue a marketing authorisation for fertilisers if the requirements of this Act are fulfilled. If these requirements are not met, even within the time limit specified in the request to supplement the application, the Institute shall reject the application for registration. The marketing authorisation shall contain:
(a) the name of the fertiliser;
(b) the marketing authorisation number,
(c) the values of the chemical and physical properties of the fertiliser;
(d) the extent and method of application of fertilisers;
(e) restrictions on putting into circulation and use, method of packaging and warning signs where necessary to ensure the protection of humans, animals and the environment;
(f) the duration of the decision.
(2) The marketing authorisation for fertilizer is valid for 5 years from the date on which the power of attorney is acquired, unless the decision provides for a shorter period. the indication of such shorter period in the marketing authorisation must be justified.
(3) The person authorised to register the fertiliser may request the Institute to extend the validity of the decision. The application must reach the Institute no later than 6 months before the date on which the decision is to expire. The validity of the marketing authorisations for fertiliser may be extended by a maximum of 5 years, even repeatedly. Paragraph 4 and the provisions of paragraphs 1 and 2 shall apply mutatis mutandis to the renewal procedure.
(4) The Institute will cancel the registration of fertilisers by decision
(a) at the written request of the manufacturer or importer 1b),
(b) establish, in the exercise of professional supervision, infringements of the obligations laid down in Article 3.
(5) Where the period of validity of the marketing authorisation has expired or the marketing authorisation has been revoked at the written request referred to in paragraph 4 (a), the fertiliser may be put into circulation only for the period of application. The period of application may be extended by the Institute at the request of the manufacturer, importer or supplier 1b.
(6) Where the Institute makes a decision to cancel the registration of a fertiliser pursuant to paragraph 4 (b), it may at the same time provide that the fertiliser must be withdrawn from circulation.
(7) The provisions of paragraphs 1 to 6 shall apply mutatis mutandis to the excipients.
Fertiliser register and publication of registration
(1) Registered fertilisers are entered in the fertiliser register (hereinafter referred to as the register), which is maintained by the Institute.
(2) The fertiliser data referred to in Section 4 (2) shall be entered in the register, except for data on the production process and raw materials used pursuant to Section 4 (2) (h).
(3) The list of registered fertilisers, indicating the information referred to in Article 4 (2) (a) to (c) for each fertiliser, shall be published by the Institute on 1 January of the calendar year in the Bulletin of the Central Audit and Examination Institute of the Agricultural Institute.
(4) The provisions of paragraphs 1 to 3 shall apply mutatis mutandis to the excipients.
Labelling and packaging of fertilisers and excipients
(1) The person who puts the fertiliser into circulation is required to indicate on his label:
(a) the indication of the production1b) including the foreign producer and the supplier 1b), indicating the name, where applicable, of the business name and place of business, if any, of the natural person or of the business name and registered office, where applicable, of the legal person;
(b) the name and registration number of the fertiliser; if the fertiliser is of the type referred to in the implementing Regulation, whether or not the type of fertiliser,
(c) the information referred to in Article 4 (2) (d);
(d) granular composition, stability of liquids, harshness and specific requirements for storage and application;
(e) warning signs and information for handling and guidance on the protection of human health and safety and on the protection of the environment and other data pursuant to specific legislation9);
(f) scope and method of use;
(g) the weight or volume of fertiliser supplied;
(h) the period of application, the date of manufacture and the production batch number.
(2) Data referring to fertiliser shall not be allowed to indicate terms such as "organic 'or" biological', even by using abbreviations "eco 'or" bio'.
(3) The marking of the fertiliser must be in the Czech language and must be permanently legible.
(4) In the case of bulk fertilisers, the fixed marking shall be indicated on the documents relating thereto.
(5) Fertilizers outside bulk must be packed in packaging allowing handling and reliable and safe storage. The packaging must allow further use or disposal.
(6) The provisions of paragraphs 1 to 5 apply mutatis mutandis to the excipients. With the exception of points (b) and (h) of paragraph 1, manure shall be subject to these provisions only if they are supplied by their producer to a non-consumer.
(7) Specific provisions are in force for the transport of fertilisers and excipients (10).
(8) Fertilisers complying with the provisions of this Act which correspond to the type of fertiliser referred to in the Decree and which the Decree provides to be EC fertilisers are referred to as "EC FISH."
(9) The Ministry sets out the details of the labelling and packaging of fertilisers and excipients by decree.
Storage
(1) Natural persons engaged in agricultural or forestry production and registered under the special regulation11), or legal persons engaged in agricultural or forestry production4) (hereinafter referred to as "farm operator"), owners of forest parcels operating on these parcels, producers, importers or suppliers 1b), and who store fertilisers, are required to:
(a) store the fertilisers separately and indicate them in a permanently legible manner;
(b) ensure that the fertiliser is not mixed with other substances;
(c) keep a record of the receipt, delivery and quantity of fertiliser stored.
(2) Paragraph 1 shall apply mutatis mutandis to excipients.
(3) Farmers on agricultural land are obliged to comply with the provisions of special legislation12a) when storing fertilisers in vulnerable areas.
(4) The manure must be stored in such a way that water pollution cannot occur. In vulnerable areas (12) it must be stored in accordance with special legislation12a). No risk elements or substances likely to interfere with the development of cultural plants or endanger the food chain shall be introduced into manure.
(5) The Ministry sets out details of the storage of fertilisers and manure by decree.
Use of fertilisers, manure, excipients and treated sludge
(1) Farmers and owners of forest land operating on such land are obliged to use fertilisers, manure and aids as provided for by this law. Modified sludges can only be used by farm farmers in accordance with this law and special legislation12b). Manure fertilisers and treated sludges shall not be introduced into the soil, when used, at risk elements or substances likely to interfere with the development of cultural plants or endanger the food chain.
(2) Fertilisers, manure and excipients must not be used on agricultural land and forest land where:
(a) the manner in which they are used does not allow for uniform coverage of the land;
(b) their use may result in damage to agricultural land, forest land or land adjacent to that land, or in its wider vicinity, as appropriate;
(c) the soil on which it is to be applied is oversaturated with water, covered with a layer of snow of more than 5 cm or frozen to a depth of more than 8 cm.
(3) The provisions of paragraph 2 apply mutatis mutandis to the use of treated sludge on agricultural land.
(4) Farmers operating on agricultural soils in vulnerable areas (12) are obliged to use fertilisers and manure in accordance with specific legislation12a.
(5) Farmers and forest owners of such land shall keep a permanent and proper record of fertilisers, manure and aids used on agricultural land and forest land. Farmers on agricultural land shall also be required to keep records of treated sludge used on agricultural land.
(6) The records referred to in paragraph 5 shall be kept for the quantity, type and time of application of fertilisers, manure, aids and treated sludge by land, crops and years and shall be kept for at least 7 years. At the request of the supervisory authority, agricultural entrepreneurs and forest owners of such land shall be required to submit a register and to allow verification of the data referred to therein.
(7) By decree, the Ministry provides for the use of fertilisers, manure and aids on agricultural land and forest land, the keeping of records of the use of fertilisers, manure, aids and treated sludge.
Agrochemical testing of agricultural soils
(1) Agrochemical testing of agricultural soils is a regular survey of selected soil fertility parameters due to the use of fertilisers, manure and auxiliary substances to guide their use; shall be carried out at six-year intervals and shall include soil sampling, chemical analysis and evaluation of the results of such analyses. In cases where soil fertility is at risk of damage, it shall also include microbiological and physical analyses. In an agreement with the Ministry of Health, the Ministry of Health sets out risk elements, risk substances and microbiological and physical parameters observed by the Institute in the agrochemical testing of agricultural soils, the extent and method of monitoring of undesirable substances in the food chain.
(2) The Institute shall carry out soil sampling and chemical, microbiological and physical analyses for the purpose of agrochemical soil testing. The Institute may authorise persons who so request to take samples of soils and their chemical analyses. The application for authorisation shall contain:
(a) the name and surname and, where appropriate, the business name, place of business, residence and identification number, if any, if any, if it is a natural person, or the name or business name, seat and identification number, if it is a legal person;
(b) technical equipment data;
(c) data on training of professionals;
(d) the scope of the activities for which authorisation is to be granted.
(3) The Institute shall issue the authorisation referred to in paragraph 2 if:
(a) the technical equipment corresponds to the type and scope of activity envisaged;
(b) laboratory tests shall be carried out by persons with at least a full secondary vocational training of agricultural, chemical or biological orientation;
(c) the results of the laboratory verification tests carried out by the Institute are found to be within the tolerances set by technical standards.
(4) The authorisation is not subject to the Administrative Rules 13). The Institute may withdraw the authorisation if the conditions under which it was granted have changed and if the beneficiary infringes the provisions of this Law or the implementing legislation or the conditions under which the authorisation has been granted. For the purpose of ongoing examination of these facts, the person authorised to carry out chemical analyses of soil samples shall participate in inter-laboratory comparative tests organised by institutes 13a).
(5) Both the owner of the agricultural land and the farmer in the agricultural sector are obliged to endure the actions relating to the agri-chemical testing of agricultural land.
(6) The authorised person shall ensure that soil samples are collected in accordance with the procedure laid down in the Decree, carry out a chemical analysis of soil samples and transmit the results of such analyses to the Institute in accordance with the arrangements and deadlines laid down in the implementing regulation.
(7) Evaluation of agrochemical testing of agricultural land is carried out by the Institute and its results are transmitted to the Ministry and the Ministry of the Environment. At the request of the owner of the agricultural land or of the farmer of the agricultural land, the Institute shall transmit the results relating to the land managed by it to the owner of the agricultural land or to the farmer of the agricultural land; The transmission of results shall be subject to an administrative fee in accordance with a special Regulation (6).
(8) By decree, the Ministry sets out the sampling procedures, the carrying out of chemical, microbiological and physical analyses of agricultural soils and the evaluation of the results of such analyses.
Determination of soil characteristics of forest land
(1) The survey of the soil characteristics of forest land (14) carried out in order to prepare proposals for recovery measures and to adjust the water regime in forests includes sampling, chemical analyses and evaluation of the results of these analyses.
(2) The territorial scope of the survey of the soil characteristics of forest land, including density of the sampling areas, is determined by the Ministry in the areas of:
(a) where signs of growth, development or state of health of forests have been detected on forests;
(b) loaded with contaminated air;
(c) crops intended for the production of seed.
(3) The owner of the forest land, its tenant or the lodger is obliged to abide by the operations related to the detection of the soil properties of forest land.
(4) The Ministry will entrust the legal or natural person with the sampling of samples for soil characteristics. The application for delegation shall contain the information referred to in points (a) to (d) of Article 10 (2). Chemical analyses of samples and evaluation of the results of these chemical analyses shall be carried out by the Institute. The evaluation of the results of chemical analyses shall be transmitted by the Institute to the Ministry; data on the content of risk elements and substances shall also be transmitted to the Ministry of the Environment. At the request of the owner of forest land, their tenant or lodger, the Institute shall transmit the results of the chemical analyses relating to forest land owned, leased or leased; the transmission of results shall be subject to an administrative fee in accordance with a specific legislation6).
(5) By decree, the Ministry sets out the procedures for sampling and for carrying out chemical analyses to determine the soil characteristics of forest parcels.
Professional supervision
(1) The Institute shall carry out expert surveillance on the testing of fertilisers, the putting into circulation, storage and use of manure and the use of treated sludge. The exercise of professional supervision shall be governed by special regulation15), unless otherwise provided for by this law.
(2) The Institute shall ensure that the conditions laid down by this Act and the implementing provisions are complied with
(a) producers, importers and suppliers (1b) which store or put into circulation fertilisers and manure;
(b) agricultural entrepreneurs and forest land owners who store or use fertilisers and manure;
(c) farm farmers using treated sludge.
(3) Staff working at the Institute in charge of professional supervision are entitled to enter, upon notification to, and use of, undertakings, their organisational components and establishments (16), facilities, premises and land where fertilisers and manure are produced, stored, put into circulation or used and land where treated sludge are used. They may enter State defence buildings under the conditions laid down in special legislation16a). They shall be entitled to require from the persons referred to in paragraph 2 the necessary documents, information and the necessary synergies for the uninterrupted and rapid exercise of supervision as well as for the taking of reference samples.
(4) The provisions of paragraphs 1 to 3 shall apply mutatis mutandis to the excipients.
(5) The Institute also assesses whether agricultural farmers in vulnerable areas (12) comply with the conditions for the storage and use of fertilisers and manure laid down by special legislation12a. the provisions of paragraph 1, second sentence and paragraph 3 shall apply mutatis mutandis.
(6) The Institute shall also ensure that the persons referred to in paragraph 2 comply with the obligations laid down by European Community law having immediate effect.
Specific measures
(1) The Institute shall impose specific measures on producers, importers, suppliers (1b), agricultural operators or forest owners of such land which produce, store or use fertilisers and manure, or agricultural farmers who use treated sludge, in particular it is entitled to:
(a) prohibit the use of fertiliser, manure or treated sludge if it does not comply with the conditions laid down by this law;
(b) order the removal of detected defects in the storage of fertiliser or manure.
(2) At the same time, the Institute shall set a time limit for the removal of defects or the duration of specific measures.
(3) Special measures may be imposed in addition to fines imposed pursuant to Paragraph 14.
(4) The provisions of paragraphs 1 to 3 shall apply mutatis mutandis to the excipients.
Transfers and other administrative offences
(1) The owner of the agricultural land shall be guilty of an offence by not allowing soil sampling for agri-chemical testing of agricultural soils in accordance with Article 10 (5).
(2) The owner of the forest land, its tenant or the lodger is guilty of an offence by failing to comply with the practices relating to the determination of the soil properties of forest land pursuant to Article 11 (3).
(3) The owner of forest land operating on such land commits an offence by:
(a) does not keep a permanent and proper record of fertilisers, manure and aids used on agricultural land or forest land pursuant to the first sentence of Article 9 (5) and Article 9 (6);
(b) infringes the provisions on the storage or use of fertilisers, manure and excipients referred to in Article 8.
(4) The owner of forest land shall commit an offence by failing to comply with the special measures imposed by the Institute within the time limit laid down in Article 13 to remedy the deficiencies identified.
(5) A fine of up to CZK 50 000 may be imposed for an infringement under paragraphs 1, 2 and 3 (a), a fine of up to CZK 100 000 may be imposed for an infringement under paragraph 3 (b) and a fine of up to CZK 500 000 may be imposed for an infringement under paragraph 4.
A fine for another administrative offence of the amount referred to in Paragraph 14 (5) may be imposed:
(a) a legal person who has committed any of the infringements referred to in paragraphs 1 to 4 of Article 14;
(b) an agricultural entrepreneur who has committed any of the infringements referred to in paragraphs 1, 3 and 4 of Article 14;
(c) manufacturers, importers or suppliers (1b) where they have committed the infringement referred to in Article 14 (4).
(1) A fine may be imposed on an agricultural farmer for another administrative offence up to the amount of:
(a) 50 000 CZK if it does not keep a permanent and proper record of treated sludge used on agricultural land pursuant to § 9 (5) and (6),
(b) 100 000 CZK if it infringes the provisions on the use of treated sludge on agricultural land pursuant to § 9 (1), (2) and (3),
(c) 500 000 CZK if it fails to comply with another obligation laid down by the law of the European Communities with immediate effect.
(2) Manufacturers, importers or suppliers (1b) may be fined for another administrative offence up to the amount of:
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Regulation Information
| Citation | Full text of Act No. 461 / 2004 Coll., Act No. 156 / 1998 Coll., on Fertilizers, Soil Auxiliary Substances, Auxiliary Plant Products and Subsubstrates and on Agrochemical Testing of Agricultural Soils (Fertilisers Act), as resulting from subsequent amendments |
|---|---|
| Regulation Type | Declared full text |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 11.08.2004 |
|---|---|
| Effective from | - |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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