Veterinary Medicinal Products, Medicated Feed and Fertilisers Regulation Act 2023
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Fertiliser registers and sales data | ||
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61. The following sections are inserted after section 7 of the Act of 1955: | ||
“Fertiliser Economic Operators’ Register | ||
7A. (1) The Minister shall establish and maintain, in such form (including in electronic form) as he or she considers appropriate, a register of persons who manufacture, import, place on the market or make available on the market (whether wholesale or retail) a fertiliser product, to be known as the Fertiliser Economic Operators’ Register (in this section referred to as the ‘Register’). | ||
(2) An application for entry in the Register shall be made in such form and manner as the Minister may specify. | ||
(3) A person who, when applying for registration in the Register, furnishes information to the Minister knowing it to be false or misleading in any material respect commits an offence and is liable on summary conviction to a class A fine. | ||
(4) A person entered in the Register shall be assigned a unique fertiliser economic operator registration identification number. | ||
(5) The Minister may enter in the Register in respect of a person entered in it the following details: | ||
(a) the person’s name; | ||
(b) the name and address of his or her place of business or activity; | ||
(c) the nature of the business or activity operated; | ||
(d) his or her phone number, email address and any other relevant contact details; | ||
(e) his or her unique fertiliser economic operator registration identification number. | ||
(6) The Minister may prescribe additional details to be included on the Register in respect of an entry in it to ensure the effective management of the Register. | ||
(7) The Minister may attach conditions to registration, revoke or vary a condition, attach a new condition, refuse an application or remove a person from the Register. | ||
(8) A person who manufactures, imports, places on the market or makes available on the market (whether wholesale or retail) a fertiliser product without being entered in the Register commits an offence and is liable— | ||
(a) on summary conviction, to a class A fine, or | ||
(b) on conviction on indictment, to a fine not exceeding €100,000. | ||
(9) A certificate purporting to be signed by an officer of the Minister that the person specified in the certificate is, or is not, entered in the Register shall, until the contrary is proved, be evidence of the matters so certified and it shall not be necessary to prove the signature of the officer or that he or she was in fact such an officer or was in fact so authorised. | ||
(10) A person entered in the Register who purchases a fertiliser product shall supply his or her unique fertiliser economic operator registration identification number to the person from whom he or she acquires the fertiliser product. | ||
(11) A person who fails to comply with subsection (10) commits an offence and is liable on summary conviction to a class A fine. | ||
Professional Fertiliser End Users’ Register | ||
7B. (1) The Minister shall establish and maintain, in such form (including electronic form) as he or she considers appropriate, a register of professional fertiliser end users, to be known as the Professional Fertiliser End Users’ Register (in this section referred to as the ‘Register’). | ||
(2) An application for entry in the Register shall be made in such form and manner as the Minister may specify. | ||
(3) A person who, when applying for registration in the Register, furnishes information to the Minister knowing it to be false or misleading in any material respect commits an offence and is liable on summary conviction to a class A fine. | ||
(4) A person entered in the Register shall be assigned a unique professional fertiliser end user registration identification number. | ||
(5) The Minister may enter in the Register in respect of a person entered in it the following details: | ||
(a) the person’s name; | ||
(b) the name and address of his or her place of business or activity; | ||
(c) the nature of the business or activity operated; | ||
(d) his or her phone number, email address and any other relevant contact details; | ||
(e) his or her unique professional fertiliser end user registration identification number. | ||
(6) The Minister may prescribe additional details to be included on the Register in respect of an entry in it to ensure the effective management of the Register. | ||
(7) The Minister may attach conditions to registration, revoke or vary a condition, attach a new condition, refuse an application or remove a person from the Register. | ||
(8) A person who operates as a professional fertiliser end user without being entered in the Register commits an offence and is liable— | ||
(a) on summary conviction, to a class A fine, or | ||
(b) on conviction on indictment, to a fine not exceeding €100,000. | ||
(9) A certificate purporting to be signed by an officer of the Minister that the person specified in the certificate is, or is not, entered in the professional fertiliser end user register shall, until the contrary is proved, be evidence of the matters so certified and it shall not be necessary to prove the signature of the officer or that he or she was in fact such an officer or was in fact so authorised. | ||
(10) A person entered in the Register who purchases a fertiliser product shall supply his or her unique professional fertiliser end user identification registration number to the person from whom he or she acquires the fertiliser product. | ||
(11) A person entered in the Register who fails to comply with subsection (10) commits an offence and is liable on summary conviction to a class A fine. | ||
Fertiliser registers - representation and appeals | ||
7C. (1) The Minister, where he or she considers that an applicant for registration in a Register should not be entered in the Register, may refuse the application, or a person entered in the Register is not complying with this Act or a condition of registration, may remove the person from the Register. The Minister may, if considering refusing an application for registration in, or the removal of a person from, the Register, notify the person of the proposal. The notification shall allow the person to make representations to the Minister against the proposal within such period as the Minister allows in the notification, being not less than 14 days, of the person being notified. The Minister, where no representations are made within that period, or, where representations are so made and having considered the representations, may enter the person in the Register, refuse the application or remove the person from the Register and notify the person of his or her decision. | ||
(2) If a decision under subsection (1) is to refuse an application for registration in, or to remove the person from, the Register, the person may, within 14 days of being notified, appeal to a judge of the District Court in whose district he or she carries on the business or activity concerned. On hearing the appeal the judge may confirm the refusal for registration in, or removal of the person from, the register or allow the appeal. The decision of the court is final save that an appeal on a point of law lies to the High Court. | ||
(3) A decision of the Minister to remove the person from the Register takes effect on the date of notification of the decision to the person. The person, if making an appeal under subsection (2), may apply to the court where the appeal is lodged to have the decision suspended until the appeal is determined or withdrawn. | ||
(4) A person who is aggrieved by a condition attached to his or her registration in a Register may within 14 days of the condition being attached make representation to the Minister regarding the condition. The Minister having considered the representation may confirm with or without modification the condition or remove it. If further aggrieved by the decision the person may within 14 days of notification of the decision appeal to a judge of the District Court in whose district he or she carries on the business or activity concerned. On hearing the appeal the judge may confirm the condition or vary it or allow the appeal. The decision of the court is final save that an appeal on a point of law lies to the High Court. | ||
(5) In this section, ‘Register’ means the Fertiliser Economic Operators’ Register or the Professional Fertiliser End Users’ Register, as the case may be. | ||
National Fertiliser Database | ||
7D. (1) The Minister shall establish and maintain a database containing the information referred to— | ||
(a) in subsection (2) and submitted to him or her by a person entered in the Fertiliser Economic Operators’ Register, and | ||
(b) in subsection (6) and submitted to him or her by a person entered in the Professional Fertiliser End Users’ Register, | ||
in accordance with this section (to be known as the National Fertiliser Database and in this section referred to as the ‘database’) for the purposes set out in section 7E. | ||
Details to be uploaded by fertiliser economic operator | ||
(2) A person entered in the Fertiliser Economic Operators’ Register shall submit to the Minister, at such time or times prescribed under subsection (11)(a), details of fertiliser products on his or her premises or under his or her control, manufactured, imported, placed on the market, made available on the market or sold (whether wholesale or retail), by entering onto the database the information required to be submitted under subsection (3) and as prescribed under subsection (4) in relation to the product and in the form and manner prescribed under subsection (10) and in accordance with any conditions prescribed under subsection (11)(b)(i). | ||
(3) The following information shall be submitted by a person entered in the Fertiliser Economic Operators’ Register to the Minister for the purposes of subsection (2)— | ||
(a) in the case of Importers and manufacturers: | ||
(i) their unique fertiliser economic operator registration number; | ||
(ii) the name of the fertiliser product imported or manufactured; | ||
(iii) the quantity of the product imported or manufactured; | ||
(iv) the quantity of product sold; | ||
(v) the unique registration identification number of the fertiliser economic operator or professional fertiliser end user, as the case may be, acquiring the product; | ||
(vi) the declared nutrient content of the fertiliser product; | ||
(vii) the inhibitor used, if relevant; | ||
(viii) the manufacturer of the fertiliser product, if relevant; | ||
(ix) if the fertiliser product was repackaged or relabelled, the relevant details; | ||
(x) if the fertiliser product is intended for the domestic market only, export only, or both; | ||
(xi) the neutralising value, reactivity and grain size for liming materials only; | ||
(xii) the date, means and country of import of the product; and | ||
(xiii) the date of manufacture or transfer of product, | ||
and | ||
(b) in the case of wholesalers and retailers: | ||
(i) their unique fertiliser economic operator registration number; | ||
(ii) the name of the fertiliser product; | ||
(iii) the unique registration identification number of the fertiliser economic operator or professional fertiliser end user acquiring or returning the product; | ||
(iv) the date and quantity of the fertiliser product acquired, transferred or returned. | ||
(4) The Minister may prescribe additional information required to be submitted to the Minister by a fertiliser economic operator for entry on the database. | ||
(5) A person entered in the Fertiliser Economic Operators’ Register who— | ||
(a) fails to comply with subsection (2), or | ||
(b) when submitting under subsection (2) information to the Minister, furnishes information to the Minister knowing it to be false or misleading in any material respect, | ||
commits an offence and is liable on summary conviction to a class A fine. | ||
Details to be uploaded by professional fertiliser end user | ||
(6) A person entered in the Professional Fertiliser End Users’ Register shall submit to the Minister, at a time or times prescribed under subsection (11)(a), details of fertiliser products on his or her premises or under his or her control, whether for his or her own use or not, by entering onto the database the information required under subsection (7) and as prescribed under subsection (8) in relation to the product and in the form and manner prescribed under subsection (10) and in accordance with any conditions prescribed under subsection (11)(b)(ii). | ||
(7) The details to be submitted to the Minister by a person entered in the Professional Fertiliser End Users’ Register for the purposes of subsection (6) shall include— | ||
(a) his or her unique professional fertiliser end user registration number, | ||
(b) the name of the fertiliser product, | ||
(c) the manufacturer of the fertiliser product, | ||
(d) the quantity of fertiliser product on his or her premises or under his or her control, and | ||
(e) upon request, the quantity of fertiliser product— | ||
(i) on his or her premises or under his or her control that is third party product, or | ||
(ii) used by him or her over a specified period. | ||
(8) The Minister may prescribe additional details to be submitted to the Minister by a professional fertiliser end user for entry on the database. | ||
(9) A person entered in the Professional Fertiliser End User Register— | ||
(a) fails to comply with subsection (6), or | ||
(b) when submitting under subsection (6) information to the Minister, furnishes information to the Minister knowing it to be false or misleading in any material respect, | ||
commits an offence and is liable on summary conviction to a class A fine. | ||
Matters to be prescribed | ||
(10) The Minister may prescribe the form and manner of a submission referred to in subsection (2) or (6) and require that the information be completed and submitted electronically or otherwise and in a form compatible with the database. | ||
(11) The Minister may prescribe— | ||
(a) the periods of time referred to in subsections (2) and (6) and such time periods may specify that returns are to be made— | ||
(i) at regular intervals of time, and | ||
(ii) in real time or within a specified period, | ||
or | ||
(b) conditions for the making of statistical returns to the Minister by— | ||
(i) a fertiliser economic operator on the import, export, manufacture, sale and return of fertiliser products, or | ||
(ii) a professional fertiliser end user on the stocks of fertiliser products on his or her premises or under his or her control. | ||
Processing of information | ||
7E. (1) The Minister may process data submitted by a fertiliser economic operator or a professional fertiliser end user for inclusion in the National Fertiliser Database for the following purposes: | ||
(a) to track the sale of fertiliser product from the point of manufacture or import, through the supply chain, to its sale to the professional end user; | ||
(b) to verify the use of fertiliser products at farm level; | ||
(c) to monitor compliance with this Act, legislation of the European Union in relation to nitrates or the common agriculture policy; | ||
(d) to achieve a reduction in the use of fertiliser; | ||
(e) to inform policy and control programmes of the Department; and | ||
(f) to effectively operate schemes of the Department. | ||
(2) The Minister may prescribe additional purposes for which data submitted by a fertiliser economic operator or a professional fertiliser end user for inclusion in the National Fertiliser Database may be processed having regard to environmental factors and the need to produce agricultural products. | ||
(3) The Minister may provide to a fertiliser economic operator or professional fertiliser end user, through a secure web portal of the Department, confirmation that a unique registration identification number submitted by the fertiliser economic operator or professional fertiliser end user, as the case may be, acquiring a fertiliser product is a valid number contained on the relevant Register. | ||
(4) The Minister may share with other Ministers of the Government or bodies established under statute data or reports produced from data provided under section 7D where required for the performance of their functions. | ||
(5) The Minister may share with food and feed processors, prescribed by the Minister, data or reports produced from data provided under section 7D, where, in the opinion of the Minister, such sharing may bring about a change in fertiliser use, improve water quality or achieve other environmental and sustainable targets. | ||
(6) The Department shall enter into a data sharing agreement in writing with food and feed processors prescribed under subsection (5), which shall specify— | ||
(a) the relevant data, or categories of relevant data, to be disclosed and the general purposes of that disclosure, | ||
(b) the security measures to apply to the transmission, storage and accessing of relevant data, | ||
(c) the requirements in relation to the retention of the relevant data to be disclosed for the duration of the agreement and in the event that the agreement is terminated, | ||
(d) the method to be employed to destroy or delete the relevant data to be disclosed at the end of the period for which the relevant data is to be retained in accordance with the agreement, | ||
(e) the procedure in accordance with which a party may withdraw from the agreement, and | ||
(f) any such other matters as considered appropriate by both parties to the agreement. | ||
(7) In this section, ‘Department’ means Department of Agriculture, Food and the Marine. | ||
Service of notices and notifications | ||
7F. (1) Subject to subsection (2), any notification, notice or document required under this Act to be given to any person by the Minister shall be addressed to the person concerned by name and may be given— | ||
(a) by delivering it to the person, | ||
(b) by leaving it at the address at which the person carries on business or ordinarily resides or, in the case in which an address for service has been furnished, at that address, | ||
(c) by sending it by post in a prepaid registered letter to the address at which the person carries on business or ordinarily resides or, in a case in which an address for service has been furnished, to that address, or | ||
(d) by electronic communication, if the person concerned has agreed to service of notices, notifications or documents by such means, provided that there is a facility for confirming receipt of the electronic communication and that such receipt has been confirmed. | ||
(2) For the purposes of this section, a company (within the meaning of the Companies Act 2014 ) shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body shall be deemed to be ordinarily resident at its principal office or place of business.”. |