Fertilizers Regulations 2017

Fertilizers Regulations 2017

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Fertilizers Act 1993 .

C. WARNER

Governor

By Her Excellency's Command,

JEREMY ROCKLIFF

Minister for Primary Industries and Water

PART 1 - Preliminary

1.   Short title

These regulations may be cited as the Fertilizers Regulations 2017 .

2.   Commencement

These regulations take effect on the day on which their making is notified in the Gazette.

3.   Interpretation

In these regulations –

Act means the Fertilizers Act 1993 ;

animal material includes blood, bone, fish, animal flesh and feather meal;

blood and bone fertilizer – see regulation 24(1) ;

composite sample means a single sample made by combining a number of samples in accordance with regulation 33(2) ;

effective neutralising value – see regulation 4 ;

foliar application means application to the foliage of a plant;

lime means a substance which contains calcium carbonate, magnesium carbonate, calcium oxide or magnesium oxide and which is used –

(a) to increase the pH of soil; or

(b) as a soil conditioner; or

(c) as a fertilizer;

neutralising value, of lime, means the value of the amount of acid neutralised by an amount of the lime, that is expressed as a percentage of the amount of acid neutralised by an equivalent amount of calcium carbonate;

tolerance means the amount, expressed as a percentage, by which a characteristic of a fertilizer set out in Schedule 3 may vary from the value of that characteristic stated on the label, invoice or delivery docket for that fertilizer.

4.   Effective neutralising value

For the purpose of these regulations, the effective neutralising value of lime is calculated in accordance with the following formula:

where –

A is the effective neutralising value; and

B is the proportion of weight of lime of particle size not greater than 300 micrometres; and

C is the proportion of weight of lime of particle size greater than 300 micrometres but not greater than 850 micrometres; and

D is the proportion of weight of lime of particle size greater than 850 micrometres; and

E is the neutralising value of lime.

PART 2 - Labelling

5.   Labels for fertilizers

(1)  For the purposes of section 7(1)(a) of the Act, a prescribed label for a package of fertilizer is to contain –

(a) the name of the fertilizer; and

(b) the concentration and form of each constituent of the fertilizer; and

(c) the quantity of fertilizer within the package; and

(d) any relevant warnings prescribed under Part 3 ; and

(e) the name and place of business of the manufacturer or wholesaler of the fertilizer.

(2)  A label in respect of a package of fertilizer is to be –

(a) printed or stencilled on the package; or

(b) securely fixed to the outside of the package.

6.   Invoices and delivery dockets for fertilizer in bulk and custom fertilizer mixtures

(1)  For the purposes of section 8(3)(a) of the Act, the following information is prescribed in relation to an invoice or delivery docket for a fertilizer in bulk or a custom fertilizer mixture:

(a) a statement of the constituents in the mixture and their proportions by weight;

(b) any relevant warnings prescribed under Part 3 .

(2)  For the purposes of section 8(3)(b) of the Act, the seller of a fertilizer in bulk or a custom fertilizer mixture is to ensure that the invoice or delivery docket in relation to the fertilizer is –

(a) handed to the purchaser, or person authorised by the purchaser, of the fertilizer; or

(b) left in a safe and conspicuous position with the fertilizer; or

(c) posted to the purchaser of the fertilizer.

(3)  If the invoice or delivery docket is left in accordance with subregulation (2)(b) , the seller is to post a copy of the invoice or delivery docket to the purchaser within 14 days after the delivery of the fertilizer.

7.   Printing requirements

(1)  Printing on a label, invoice or delivery docket, that is required under the Act, is to be –

(a) in English; and

(b) clearly legible; and

(c) indelible; and

(d) in a distinctly contrasting colour to the background colour; and

(e) not less than 1.5 millimetres high in the case of capital letters and 1 millimetre high in the case of lower case letters; and

(f) proportional to the size of the label, invoice or delivery docket.

(2)  Information that is printed in English on a label, invoice or delivery docket, that is required under the Act, may be repeated on the label, invoice or docket in another language.

(3)  If a fertilizer is sold in a package, the printing is to be on the outside face of the package.

8.   Naming of fertilizers

For the purposes of section 7(1)(b)  of the Act –

(a) a fertilizer is to be labelled, branded or marked so as to make the fertilizer easily distinguishable from all other fertilizers; and

(b) the name of a fertilizer is not to be inappropriate or misleading; and

(c) if a constituent or ingredient of a fertilizer is used as part of the name, the name of the fertilizer is to include the manufacturer's name; and

(d) the proportion of an ingredient in a fertilizer is not to be represented by numbers in the name; and

(e) if the concentrations of nitrogen, phosphorus and potassium are included in the name of a fertilizer, those concentrations are to be in the following order:

(i) nitrogen;

(ii) phosphorus;

(iii) potassium; and

(f) the concentrations of nitrogen, phosphorus and potassium, if they are included in the name of a fertilizer, are to be represented as the nearest whole numbers, rounded down from, and including, the mid-range.

9.   Constituents

(1)  Subject to subregulation (2) , constituents that are to be listed on the label, invoice or delivery docket under regulation 5(1)(b) or regulation 6(1)(a) are to be listed in alphabetical order.

(2)  However, if a fertilizer contains one or more of the following constituents, those constituents are to be listed before any other constituents, in the following order:

(a) nitrogen;

(b) phosphorus;

(c) potassium;

(d) sulphur;

(e) calcium;

(f) magnesium.

10.   Concentration and form of constituents

(1)  The concentration of a constituent that is to be listed on the label, invoice or delivery docket under regulation 5(1)(b) or regulation 6(1)(a) is to be printed on the label, invoice or delivery docket –

(a) in the case of products sold by weight, as the percentage by weight; and

(b) in the case of products sold by volume, as the percentage by volume.

(2)  If nitrogen, phosphorus, potassium or sulphur is a constituent of a fertilizer, the form or forms in which the constituent is present and the concentration of each of those forms is to be printed on the label, invoice or delivery docket in the following order:

(a) nitrogen (N) as urea;

(b) nitrogen (N) as ammonium;

(c) nitrogen (N) as nitrate;

(d) nitrogen (N) as other (form to be stated);

(e) phosphorus (P) as water-soluble phosphorus;

(f) phosphorus (P) as citrate-soluble;

(g) phosphorus (P) as citrate-insoluble;

(h) phosphorus (P) as other (form to be stated);

(i) potassium (K) as sulphate;

(j) potassium (K) as chloride;

(k) potassium (K) as other (form to be stated);

(l) sulphur (S) as sulphate;

(m) sulphur (S) as elemental sulphur;

(n) sulphur (S) as other (form to be stated).

11.   Labelling in respect of lime

A seller must ensure that, in relation to lime, the label, invoice or delivery docket for the lime states –

(a) the effective neutralising value of the lime; and

(b) the percentage of calcium in the lime; and

(c) the percentage of magnesium in the lime; and

(d) the grade of lime determined in accordance with regulation 28 .

Penalty:  Fine not exceeding 10 penalty units.

12.   Labelling in respect of gypsum

A seller must ensure that, in relation to gypsum, the label, invoice or delivery docket for the gypsum states the percentage of the gypsum which is capable of passing through a 2.0 millimetre sieve.

Penalty:  Fine not exceeding 10 penalty units.

13.   Labelling in respect of elemental sulphur

A seller must ensure that, in relation to elemental sulphur, the label, invoice or delivery docket for the fertilizer containing the elemental sulphur states the percentage content of each of the following:

(a) fine particles which are capable of passing through a 0.25 millimetre sieve;

(b) medium particles which are capable of passing through a 0.50 millimetre sieve but not a 0.25 millimetre sieve;

(c) coarse particles which are not capable of passing through a 0.50 millimetre sieve.

Penalty:  Fine not exceeding 10 penalty units.

14.   Labelling in respect of biuret

(1)  For the purposes of section 7(1)(a) and section 8(3)(a) of the Act, if a fertilizer containing biuret is intended to be used for foliar application, the concentration of biuret is to be shown on the label, invoice or delivery docket as a percentage of the weight of the fertilizer.

(2)  Subregulation (1) does not apply to a label, invoice or delivery docket for a fertilizer which is marked "This product is not recommended for foliar application".

PART 3 - Warnings

15.   Warnings in respect of biuret

For the purposes of section 7(1)(c) of the Act, the following warnings in respect of biuret are prescribed:

(a) if the fertilizer contains 10 grams of biuret but not more than 20 grams of biuret per kilogram of total nitrogen:

WARNING – Repeated foliar application of this fertilizer may cause damage to citrus.

(b) if the fertilizer contains more than 20 grams of biuret but not more than 30 grams of biuret per kilogram of total nitrogen:

WARNING – This fertilizer is not recommended for repeated foliar application on annual or perennial horticultural crops.

(c) if the fertilizer contains more than 30 grams of biuret per kilogram of total nitrogen:

WARNING – This fertilizer is not recommended for foliar application.

16.   Warning in respect of gypsum

For the purposes of section 7(1)(c) of the Act, the following warning is prescribed in respect of a fertilizer that consists of gypsum, or contains gypsum as an ingredient, and contains more than 0.8% sodium:

WARNING – This fertilizer is not suitable for reclamation of saline sodic soils but may be used as a fertilizer.

17.   Warning in respect of cadmium

For the purposes of section 7(1)(c) of the Act, the following warning is prescribed in respect of a fertilizer, other than a custom fertilizer mixture, that contains cadmium in a concentration greater than one-tenth of the maximum concentration set out in regulation 31 :

WARNING – This fertilizer contains cadmium. Use of this fertilizer may increase cadmium concentrations in soil and in produce.

18.   Warning in respect of molybdenum

For the purposes of section 7(1)(c) of the Act, the following warning is prescribed in respect of a fertilizer, other than a custom fertilizer mixture, that contains molybdenum as a constituent:

WARNING – Excessive use of molybdenum may be harmful to stock. Check method, rate and frequency of molybdenum use with appropriate authorities.

19.   Warning in respect of selenium

For the purposes of section 7(1)(c) of the Act, the following warning is prescribed in respect of a fertilizer, other than a custom fertilizer mixture, that contains selenium as a constituent:

WARNING – This fertilizer should only be used in areas where selenium deficiency of stock exists. Do not allow stock access to spills of this fertilizer. Seek advice on application rates from appropriate authorities.

20.   Warning in respect of fertilizer sold in bulk

For the purposes of section 7(1)(c) of the Act, the following warning is prescribed in respect of a fertilizer that is sold in bulk or in a package containing 25 kilograms or more of fertilizer:

WARNING – Take care when handling, as this fertilizer may cause irritation if inhaled or ingested or brought into contact with skin or eyes.

21.   Warning in respect of custom fertilizer mixtures

For the purposes of section 7(1)(c) of the Act, the following warning is prescribed in respect of a custom fertilizer mixture:

WARNING – Take care when handling, as this fertilizer may cause irritation if inhaled or ingested or brought into contact with skin or eyes. If this fertilizer contains superphosphate its use may increase cadmium concentrations in soil and in produce. If this fertilizer contains molybdenum, check method, rate and frequency of molybdenum use with appropriate authorities, as excessive molybdenum may be harmful to stock. If this fertilizer contains selenium it should only be used in areas where selenium deficiency of stock exists. Do not allow stock access to spills of this fertilizer. Seek advice on application rate from appropriate authorities.

22.   Warning in respect of lime containing calcium oxide

For the purposes of section 7(1)(c) of the Act, the following warning is prescribed in respect of a lime that contains calcium oxide:

WARNING – Take care when handling, as lime may cause burning or irritation if inhaled or ingested or brought into contact with skin or eyes.

PART 4 - Standards

23.   Minimum level of constituents

A constituent listed in column 1 of Schedule 1 is not to be listed on the label, invoice or delivery docket if the constituent is present in a concentration less than the concentration listed opposite the constituent in column 2 of that Schedule.

24.   Blood and bone fertilizer

(1)  A fertilizer is a blood and bone fertilizer if it is made up of the following constituents:

(a) not less than 90% animal material;

(b) not less than 4.5% total nitrogen;

(c) not less than 5.0% total phosphorus;

(d) not more than 0.2% water-soluble nitrogen;

(e) not more than 0.5% water-soluble phosphorus.

(2)  The label, invoice or delivery docket in relation to a blood and bone fertilizer is to state the percentage of the total weight of the fertilizer which is not of animal origin.

25.   Organic fertilizers

(1)  A fertilizer, other than a blood and bone fertilizer, is an organic fertilizer if 95% or more of the weight of each of the amounts of nitrogen, phosphorus and potassium in the fertilizer is derived from plant material or animal material.

(2)  A fertilizer, other than a blood and bone fertilizer, is an organically based fertilizer if 65% or more of the weight of each of the amounts of nitrogen, phosphorus and potassium in the fertilizer is derived from plant material or animal material.

(3)  A fertilizer, other than a blood and bone fertilizer, is a fertilizer containing organic material if 10% or more of the weight of each of the amounts of nitrogen, phosphorus and potassium in the fertilizer is derived from plant material or animal material.

(4)  An unpelleted organic fertilizer or unpelleted organically based fertilizer must be of a consistency such that –

(a) 100% of the fertilizer is capable of passing through a 2.36 millimetre sieve; and

(b) 50% or more of the fertilizer is capable of passing through a 0.5 millimetre sieve.

(5)  The label, invoice or delivery docket in relation to an organic fertilizer or organically based fertilizer is to state the weight of organic material in the fertilizer as a percentage of total weight of the fertilizer.

(6)  The label, invoice or delivery docket in relation to an organic fertilizer or organically based fertilizer to which a non-organically based constituent has been added is to state the concentration of the non-organically based constituent.

(7)  In this regulation –

plant material means any part of a plant.

26.   Reactive phosphate rock fertilizers

(1)  A fertilizer is a reactive phosphate rock fertilizer if –

(a) it is derived only from naturally occurring deposits of calcium phosphate; and

(b) contains not less than 12% phosphorus.

(2)  A reactive phosphate rock fertilizer that is not highly reactive or moderately reactive is not to be sold.

(3)  A fertilizer is a highly reactive phosphate rock fertilizer if 65% or more of the total phosphorus in the fertilizer is soluble in 2% formic acid.

(4)  A fertilizer is a moderately reactive phosphate rock fertilizer if between 50% and 64% of the total phosphorus in the fertilizer is soluble in 2% formic acid.

(5)  For the purposes of subregulations (3) and (4) , a sample of reactive phosphate rock fertilizer must not be ground before testing its solubility in 2% formic acid.

27.   Superphosphate fertilizers

(1)  A fertilizer is a single superphosphate if –

(a) not less than 7% of the fertilizer is water-soluble phosphorus; and

(b) not less than 8% of the fertilizer is phosphorus that is both water-soluble and citrate-soluble; and

(c) not less than 10% of the fertilizer is sulphur; and

(d) not more than 2.5% of the fertilizer is fluorine; and

(e) not more than 3.5% of the fertilizer is iron and aluminium as a mixed oxide; and

(f) not more than 2% of the fertilizer is iron as an iron oxide.

(2)  A fertilizer is a double superphosphate if not less than –

(a) 13% of the fertilizer is water-soluble phosphorus; and

(b) 15% of the fertilizer is phosphorus that is both water-soluble and citrate-soluble.

(3)  A fertilizer is a triple superphosphate if not less than –

(a) 15% of the fertilizer is water-soluble phosphorus; and

(b) 17% of the fertilizer is phosphorus that is both water-soluble and citrate-soluble.

(4)  Subregulations (1) , (2) and (3) do not apply to superphosphate that is mixed with another ingredient.

28.   Grades of lime

The grade of lime is to be determined in accordance with the table set out in Schedule 2 .

29.   Standards of gypsum

(1)  Gypsum is phospho-gypsum if it contains not less than 17% sulphur and not less than 21% calcium.

(2)  Gypsum is grade 1 gypsum if it contains not less than –

(a) 15% sulphur but less than 17% sulphur; and

(b) 19% calcium but less than 21% calcium.

(3)  Gypsum is grade 2 gypsum if it contains not less than –

(a) 12.5% sulphur but less than 15% sulphur; and

(b) 15.5% calcium but less than 19% calcium.

(4)  Gypsum is grade 3 gypsum if it contains not less than –

(a) 10% sulphur but less than 12.5% sulphur; and

(b) 12.5% calcium but less than 15.5% calcium.

(5)  Gypsum is by-product gypsum if it contains not less than 14% sulphur and at most 20% of the weight of the gypsum as moisture.

30.   Standards of elemental sulphur

(1)  In the case of elemental sulphur that is intended to be applied other than from the air, 50% or more of the sulphur must be capable of passing through a 0.25 millimetre sieve.

(2)  In the case of elemental sulphur that is intended to be applied from the air, 30% or less of the sulphur must be capable of passing through a 0.25 millimetre sieve.

31.   Impurities

(1)  A fertilizer is not to contain more than 5 milligrams of mercury for each kilogram of the fertilizer.

(2)  A fertilizer is not to contain more than the following amounts of cadmium:

(a) in the case of a phosphatic fertilizer, 300 milligrams for each kilogram of the phosphorus;

(b) in the case of a trace element fertilizer, 50 milligrams for each kilogram of the fertilizer;

(c) in any other type of fertilizer, 10 milligrams for each kilogram of the fertilizer.

(3)  A fertilizer is not to contain more than the following amounts of lead:

(a) in the case of a fertilizer wholly constituted by trace elements, 2 000 milligrams for each kilogram of the fertilizer;

(b) in the case of a fertilizer partially constituted by trace elements, 500 milligrams for each kilogram of the fertilizer;

(c) in the case of a fertilizer not containing trace elements, 100 milligrams for each kilogram of the fertilizer;

(d) in the case of a soil conditioner, 10 milligrams for each kilogram of the fertilizer.

(4)  In this regulation –

phosphatic fertilizer means a fertilizer of which more than 2% of the fertilizer is phosphorus;

soil conditioner means a product used to alter the physical, chemical or biological characteristics of soil;

trace element fertilizer means a fertilizer mainly intended to supply one or more of the following:

(a) iron;

(b) manganese;

(c) copper;

(d) zinc;

(e) boron;

(f) molybdenum;

(g) cobalt;

(h) chlorine;

(i) selenium.

PART 5 - Samples

32.   Taking of samples

(1)  For the purposes of section 10 of the Act, a sample of a fertilizer is to be taken, if possible, in the presence of the seller of the fertilizer.

(2)  Subject to subregulation (3) , a sample of a solid fertilizer is to be taken from a package of the fertilizer by inserting a tube into the centre of the package and removing a core of the fertilizer.

(3)  If a solid fertilizer is of a consistency which prevents a sample being taken in accordance with subregulation (2)  –

(a) the fertilizer is to be emptied from its package and broken and mixed to form a uniform mixture; and

(b) the sample is to be taken from the uniform mixture.

(4)  In the absence of proof to the contrary, a deficiency in a sample may not be taken to be due to the separation of constituents or ingredients during sampling or a lack of homogeneity in the fertilizer.

33.   Sample sizes

(1)  For the purposes of section 10 of the Act –

(a) if the number of packages of fertilizer to be sampled is less than 5, a sample is to be taken from each package; and

(b) if the number of packages of fertilizer to be sampled is 5 or more, a sample is to be taken from not less than one in every 10 packages but in any case from not less than 5 packages in total.

(2)  For the purposes of section 10 of the Act, if more than one package of fertilizer is to be sampled, the samples taken from the packages are to be combined to form a composite sample.

(3)  For the purposes of subregulations (1) and (2) , the total weight of a sample, or composite sample, of a particular fertilizer is to be not less than one kilogram.

34.   Division of samples

(1)  After taking a sample in accordance with regulation 33 , the inspector is to mix the sample or composite sample thoroughly and divide the sample or composite sample into 3 equal parts.

(2)  The inspector is to seal each part of the sample divided in accordance with subregulation (1) in a suitable package in the presence of the person apparently in charge of the premises or conveyance where the fertilizer has been sampled.

(3)  The inspector is to mark each package with –

(a) the date of sampling; and

(b) the inspector's name; and

(c) the address at which the sample was taken; and

(d) the name of the person apparently in charge of the premises or conveyance or fertilizer; and

(e) any details necessary to distinguish that part of the sample from parts of other fertilizers sampled at the premises or conveyance; and

(f) in the case of a composite sample, the number of packages from which samples were taken to contribute to the composite sample.

(4)  After marking each package, the inspector is to –

(a) provide one to an analyst for analysis; and

(b) retain one; and

(c) give one to the person referred to in subregulation (2) .

35.   Analysis

Analysis of a sample is to be carried out by an analyst in accordance with procedures recommended by the National Association of Testing Authorities, Australia (ABN 59 004 379 748).

PART 6 - Miscellaneous

36.   Tolerance

(1)  The level of a characteristic of a fertilizer listed in column 1 of Schedule 3 as stated in a label, invoice or delivery docket is to be within the tolerance listed in column 2 of that Schedule.

(2)  In determining whether a characteristic of a sample of a fertilizer, of which phosphorus is a constituent, is within the tolerance –

(a) an excess of water-soluble phosphorus may be set off against a deficiency of citrate-soluble phosphorus; and

(b) an excess of citrate-soluble phosphorus may be set off against a deficiency of water-soluble phosphorus, if the percentage of citrate-soluble phosphorus is not more than 25% of the sum of the percentages of citrate-soluble phosphorus and water-soluble phosphorus.

37.   Fees

The fees specified in Schedule 4 are fees prescribed for the purposes of the Act.

38.   Exemptions

(1)  An application for exemption under section 25 of the Act is to contain details of any action that the applicant intends to take to make the fertilizer comply with the Act.

(2)  The Secretary may only grant an exemption if the applicant undertakes to notify the Secretary in writing, when required by the Secretary to do so, of the progress in making the fertilizer comply with the Act.

(3)  The Secretary may revoke an exemption if satisfied that, in relation to making the fertilizer comply with the Act –

(a) there has not been sufficient progress; or

(b) the applicant has not given sufficient notification to the Secretary of the progress that has been made.

(4)  If the Secretary revokes an exemption, the Secretary, by notice in writing, is to notify the applicant of the revocation and the reasons for the revocation.

SCHEDULE 1 - Concentration of constituents

Regulation 23

SCHEDULE 2 - Grades of Lime

Regulation 28

SCHEDULE 3 - Accuracy of label, invoice or delivery docket

Regulation 36

SCHEDULE 4 - Fees

Regulation 37

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 13 December 2017