Fertilisers and Feeding Stuffs (Jersey) Law 1950

FERTILISERS AND FEEDING STUFFS (JERSEY) LAW 1950 Revised Edition 01.800 Showing the law as at 1 January 2006 This is a revised edition of the law Fertilisers and Feeding Stuffs (Jersey) Law 1950 Arrangement Revised Edition – 1 January 2006 Page - 3 01.800 FERTILISERS AND FEEDING STUFFS (JERSEY) LAW 1950 Arrangement Article 1 Interpretation ................................................................................................... 5 2 Obligation to furnish statutory statements ....................................................... 6 3 Warranties ....................................................................................................... 7 4 Right of purchaser to have article sampled and analysed................................ 7 5 Marking of articles prepared for consignment ................................................ 8 6 Consignments ex ship or quay ........................................................................ 9 7 Sales in small quantities .................................................................................. 9 8 Deleterious ingredients in feeding stuffs ....................................................... 10 9 Penalties for failure to give, and mis-statements in, statutory statements ...................................................................................................... 10 9A Composition and content of fertilisers and feeding stuffs ............................. 11 10 Inspection of registers and statutory statements ............................................ 11 11 Powers of entry and sampling ....................................................................... 12 12 Provisions as to analysis of samples ............................................................. 12 13 Tampering with samples ............................................................................... 13 14 Obstruction of inspectors .............................................................................. 13 15 Prohibition against disclosures ...................................................................... 13 16 Penalties for offences .................................................................................... 14 17 Restrictions on taking proceedings................................................................ 14 18 General provisions as to legal proceedings ................................................... 14 19 Evidence of certificate of analysis................................................................. 15 20 Power to make Orders ................................................................................... 15 21 Financial provisions ...................................................................................... 16 22 Provisions as to Orders .................................................................................. 16 23 Exemption for certain sales ........................................................................... 16 24 Citation .......................................................................................................... 16 SCHEDULE 1 17 ARTICLES TO WHICH ALL THE PROVISIONS OF THE LAW ARE APPLICABLE 17 Arrangement Fertilisers and Feeding Stuffs (Jersey) Law 1950 Page - 4 Revised Edition – 1 January 2006 01.800 PART 1 17 FERITLISERS 17 PART 2 20 SCHEDULE 2 24 ARTICLES TO WHICH SOME ONLY OF THE PROVISIONS OF THE LAW ARE APPLICABLE 24 PART 1 24 FERTILISERS 24 PART 2 25 FEEDING STUFFS 25 SCHEDULE 3 27 INGREDIENTS IN FEEDING STUFFS THE PRESENCE OF WHICH MUST BE DECLARED 27 SCHEDULE 4 28 DEFINITIONS IMPLIED ON THE SALE OF ARTICLES UNDER CERTAIN NAMES 28 PART 1 28 FERTILISERS 28 PART 2 32 FEEDING STUFFS 32 SCHEDULE 5 38 DELETERIOUS INGREDIENTS IN FEEDING STUFFS 38 Supporting Documents ENDNOTES 39 Table of Legislation History ......................................................................................... 39 Table of Renumbered Provisions ................................................................................. 39 Table of Endnote References ....................................................................................... 40 Fertilisers and Feeding Stuffs (Jersey) Law 1950 Article 1 Revised Edition – 1 January 2006 Page - 5 01.800 FERTILISERS AND FEEDING STUFFS (JERSEY) LAW 19501 A LAW to make provision with respect to the sale of fertilisers and feeding stuffs in Jersey Commencement [see endnotes] 1 Interpretation (1) In this Law, unless the context otherwise requires – “cattle” means bulls, cows, oxen, heifers, calves, sheep, goats and swine; “Government Chemist” means the head of the department of Government Chemist of Great Britain, and includes any deputy government chemist appointed to act in the case of illness, incapacity or absence of the Government Chemist, or, pending the appointment of the Government Chemist, to act in the Government Chemist’s place; “inspector” means a person designated by the Minister as an inspector for the purposes of this Law, being a person who is a full-time officer in an administration of the States for which the Minister is assigned responsibility; “Minister” means the Minister for Planning and Environment; “Official Analyst” means the Official Analyst appointed under Article 2 of the Food Safety (Jersey) Law 19662 and includes any deputy official analyst appointed to act in the case of illness, incapacity or absence of an Official Analyst, or pending the appointment of an Official Analyst, to act in the Official Analyst’s place; “prescribed” means prescribed by Order of the Minister under this Law; “prosecutor” means the person who or the body which has required a prosecution for an offence against this Law to be instituted, or, if no person or body has required the prosecution to be instituted, the Connétable of the parish in which the offence is alleged to have been committed; Article 2 Fertilisers and Feeding Stuffs (Jersey) Law 1950 Page - 6 Revised Edition – 1 January 2006 01.800 “purchaser” includes any person other than a carrying agent acting on behalf of a purchaser; “statutory statement” has the meaning assigned by Article 2(1). (2) Where for the purposes of this Law the expressions “percentage of soluble phosphates” and “percentage of insoluble phosphates” are used in statements of equivalents, they shall be taken to mean respectively the percentage of tribasic phosphate of lime which has been and that which has not been rendered soluble in water. (3) An article consigned to a purchaser shall not for the purposes of this Law be deemed to be delivered to the purchaser until it arrives at the place to which it is consigned whether the consignment is by direction of the seller or the purchaser. (4) Where an article is delivered to a purchaser in 2 or more consignments, this Law shall apply to each consignment as though it were a separate article. (5) Where the method of analysis for determining the amount of any substance contained in an article is prescribed under this Law, any statement in any statutory statement or document which by virtue of this Law takes effect as a warranty and any mark on an article or entry in a register under this Law stating or indicating the amount of such substance shall be taken to be a statement of the amount of the substance as determined by analysis in accordance with the method so prescribed. (6) Particulars as to the nature, substance, or quality of an article marked or indicated by a mark or entered in a register shall not for the purposes of this Law be deemed to be false to the prejudice of the purchaser if the mis-statement as respects any ingredient does not exceed the limits of variation (if any) prescribed under this Law in relation thereto. 2 Obligation to furnish statutory statements (1) It shall be the duty of every person who sells for use as a fertiliser of the soil or as food for cattle or poultry any article included in the first column of Schedule 1 or 2, whatever may be the name under which the article is sold, to give the purchaser on or before delivery, or as soon as reasonably practicable thereafter, a statement in writing (in this Law referred to as a “statutory statement”) in such form (if any) as may be prescribed, containing the following particulars – (a) the name under which the article is sold; (b) such particulars (if any) of the nature, substance, or quality of the article as are mentioned in the second column of such Schedule in relation to the article; (c) where the article, if a feeding stuff, contains any ingredient included in Schedule 3, the name of such ingredient: Provided that the obligation so imposed shall not apply – (i) to sales of 2 or more articles which are mixed at the request of the purchaser before delivery to the purchaser; Fertilisers and Feeding Stuffs (Jersey) Law 1950 Article 3 Revised Edition – 1 January 2006 Page - 7 01.800 (ii) to sales of quantities of £56 or less if the article sold is taken in the presence of the purchaser from a parcel bearing a conspicuous label on which are marked in the prescribed manner the particulars required by this paragraph to be contained in the statutory statement or is packed in a closed parcel or parcels each bearing a conspicuous label on which are marked in the prescribed manner such particulars as aforesaid. (2) Failure to give a statutory statement in accordance with the provisions of this Article shall not invalidate an agreement for sale. 3 Warranties (1) A statutory statement given by the seller of any such article as is mentioned in Article 2, shall, notwithstanding any agreement or notice to the contrary, have effect as a written warranty by the seller that the particulars contained in the statutory statement are correct. (2) On the sale for use as food for cattle or poultry of an article included in the first column of Schedule 1 or 2 there shall be implied, notwithstanding any agreement or notice to the contrary, a warranty by the seller that the article is suitable to be used as such, and does not, except as otherwise expressly stated in the statutory statement, contain any ingredient included in Schedule 3. (3) Where an article sold for use as a fertiliser of the soil or as food for cattle or poultry is in a statutory statement or other document described by a name specified in the first column of Schedule 4, the sale of the article under that name shall have effect as a written warranty that the article accords with the definition thereof contained in the second column of that Schedule. (4) Any statement as to the amount of chemical or other ingredients or as to the fineness of grinding of an article sold for use as a fertiliser of the soil, or as to the amount of the nutritive or other ingredients of an article sold for use as food for cattle or poultry, which is made after the commencement of this Law in any written document (other than a statutory statement) descriptive of the article shall have effect as a warranty by the seller that the facts stated are correct. (5) No action on any such warranty as is mentioned in this Article shall lie for any mis-statement therein as to the particulars of the nature, substance or quality of the article or as to the amount of any ingredient where the mis-statement does not exceed the limits of variation (if any) prescribed under this Law in relation to such particulars or amounts, but where the mis-statement exceeds such limits the rights of the purchaser under the warranty shall not be affected by such limits. 4 Right of purchaser to have article sampled and analysed (1) The purchaser of any article included in the first column of Schedule 1 or 2, or of any fertiliser or feeding stuff not included therein in respect of which a warranty, express or implied, has been given by the seller, shall, Article 5 Fertilisers and Feeding Stuffs (Jersey) Law 1950 Page - 8 Revised Edition – 1 January 2006 01.800 on payment of such fee (if any) as may be prescribed by Order of the Minister for Treasury and Resources under this Law, be entitled to have a sample of the article taken by an inspector in the prescribed manner and analysed by the Official Analyst, and to receive from the Analyst a certificate of the result of the Analyst’s analysis: Provided that a purchaser of an article who requires a sample to be taken under this Article shall furnish to the inspector who takes the sample the statutory statement or warranty relating to the article, or permit the inspector to take a copy thereof. (2) A sample taken under this Law by an inspector at the request of a purchaser shall be taken in the prescribed manner, and shall not be taken after the expiration of 14 days from the delivery to the purchaser of the article sampled or the receipt by the purchaser of the statutory statement or warranty, whichever date may be the later. 5 Marking of articles prepared for consignment (1) Every parcel of an article included in the first column of Schedule 1, when prepared for sale or consignment for use as a fertiliser of the soil or as food for cattle or poultry, shall, if exposed for sale, or, if not exposed for sale, before being removed from the premises where it is so prepared, be marked in the prescribed manner with a mark or marks stating or indicating the particulars required by this Law to be contained in the statutory statement. (2) Any person dealing in any such parcels may for the purposes of this Article keep in such form (if any) as may be prescribed a register of marks specifying the particulars for the indication of which the several marks entered in the register are used, and the marking of any parcel with any mark entered in the register shall, for the purposes of this Article, be treated as indicating that the particulars of the article are those entered in the register in relation to the mark: Provided that – (a) on the sale of any parcel so marked the mark shall be added to the statutory statement; and (b) where the statutory statement received by the seller on the sale to him or her of the parcel contains any such mark, and the parcel has not been on his or her premises, that mark shall be added by him or her to the statutory statement required to be given by him or her to a purchaser. (3) If any parcel required under this Article to be marked is not so marked, or if from the analysis of a sample of the parcel taken by an inspector in the prescribed manner on the premises on which the parcel is exposed for sale or on any premises on which the parcel after having been so marked may happen to be before being delivered to a purchaser or carrying agent, it appears that the particulars marked or indicated by a mark are false to the prejudice of the purchaser, or do not include any particulars which are required by this Law to be contained in the statutory statement, the person selling or having in the person’s possession or disposition for the purpose Fertilisers and Feeding Stuffs (Jersey) Law 1950 Article 6 Revised Edition – 1 January 2006 Page - 9 01.800 of sale or consigning the parcel or exposing it for sale shall be guilty of an offence against this Law. 6 Consignments ex ship or quay (1) In the case of an article delivered or consigned direct from a ship or quay to a purchaser, the provisions of this Article shall apply in lieu of the provisions of Article 5. (2) The seller of an article included in the first column of Schedule 1 and delivered or consigned as aforesaid, shall as soon as practicable enter in a register kept by the seller in such form (if any) as may be prescribed the following particulars – (a) the date of delivery or consignment to the purchaser, the place of delivery to the purchaser or other destination and the quantity delivered or consigned; (b) any shipping or other mark on the article; (c) the particulars which by this Law are required to be contained in the statutory statement. (3) The seller of any such article shall be guilty of an offence against this Law – (a) if the seller fails to enter in the seller’s register any particular required by this Article to be entered therein, other than a particular required to be contained in the statutory statement; (b) if any particular entered therein, other than a particular required to be contained in the statutory statement, is false in any material particular; or (c) if, from the analysis of a sample of the article taken by an inspector in the prescribed manner on the quay or at the time of its delivery to the purchaser or during its transit to him or her, it appears that any particular entered in the register, being a particular required to be contained in the statutory statement, is false to the prejudice of the purchaser, or that any particular required to be contained in the statutory statement is not entered in the register. 7 Sales in small quantities Where an article is sold for use as a fertiliser of the soil or as food for cattle or poultry in quantities of £56 or less from a parcel which purports to be labelled in manner hereinbefore provided, and from an analysis of a sample thereof taken by an inspector in the prescribed manner on the premises on which the parcel is kept, it appears that the particulars stated on the label are false to the prejudice of the purchaser, or do not include any particulars which are required by this Law to be contained in a statutory statement, the owner or seller shall be guilty of an offence against this Law. Article 8 Fertilisers and Feeding Stuffs (Jersey) Law 1950 Page - 10 Revised Edition – 1 January 2006 01.800 8 Deleterious ingredients in feeding stuffs (1) Any person who sells or offers or exposes for sale for use as food for cattle or poultry any article which contains any ingredient deleterious to cattle or poultry, or has in the person’s possession, packed and prepared, for sale for such use any such article, shall be guilty of an offence against this Law unless the person proves – (a) that he or she did not know and could not with reasonable care have known that the article contained a deleterious ingredient; and (b) where he or she obtained the article from some other person, that on demand by or on behalf of the prosecutor he or she gave all the information in his or her power with respect to the person from whom he or she obtained it, and as to the statutory statement given to him or her, and as to any mark applied to the article when he or she obtained it: Provided that proceedings for an offence under this Article shall not be instituted unless the article has been sampled by an inspector in the prescribed manner on the premises on which it was sold or exposed or offered for sale or on which it was when prepared for sale or consignment, and the sample has been analysed in accordance with the provisions of this Law. (2) Any substance mentioned in Schedule 5 shall, if present in a feeding stuff or, where a maximum quantity with regard to the substance is indicated in Schedule 5, if present in excess of that quantity, as the case may be, be deemed to be a deleterious ingredient unless the contrary is proved. 9 Penalties for failure to give, and mis-statements in, statutory statements (1) If a person fails to give a statutory statement in such form (if any) as may be prescribed in any case where the person is required by this Law to do so, he or she shall be liable in the case of a first offence, to a fine not exceeding £5 and, in the case of a second or subsequent offence, to a fine not exceeding £10. (2) If, on the sale of an article included in the first column of Schedule 1, a person gives a statutory statement in which the particulars stated therein differ – (a) from the particulars marked or indicated by a mark placed on a parcel of the article in accordance with this Law; (b) in the case of an article delivered or consigned direct from a ship or quay to a purchaser, from the particulars entered in accordance with this Law in the seller’s register; or (c) in the case of an article which has not been on the premises of the seller, from the particulars stated in the statutory statement given to the seller in respect of the article, the person shall be guilty of an offence against this Law unless he or she proves that he or she took all reasonable steps to avoid committing the offence and that he or she acted without intent to defraud. Fertilisers and Feeding Stuffs (Jersey) Law 1950 Article 9A Revised Edition – 1 January 2006 Page - 11 01.800 (3) If a person fails to add to a statutory statement any mark which by virtue of this Law is required to be added thereto, he or she shall be liable, in the case of a first offence, to a fine not exceeding £5 and, in the case of a second or subsequent offence, to a fine not exceeding £10. 9A Composition and content of fertilisers and feeding stuffs (1) The Minister may, with a view to controlling in the public interest the composition or content of any article intended for use as a fertiliser of the soil or as food for cattle or poultry, make provision by Order – (a) prohibiting or restricting, by reference to its composition or content, the importation into and exportation from Jersey, the sale or possession with a view to sale, or the use, of any prescribed article; (b) regulating the marking, labelling and packaging of any prescribed article and the marks to be applied to any container or vehicle in which any prescribed article is enclosed or conveyed. (2) Orders made under paragraph (1) with respect to any article may include provision excluding or modifying the operation, in relation to that article, of any other provision of this Law. (3) Subject to paragraph (2), references in this Law to food for cattle and poultry shall apply to all articles that are intended for sale for use as food for cattle or poultry and with respect to which any Order is for the time being in force under paragraph (1). (4) A person who contravenes any provision of an Order made under paragraph (1) shall be guilty of an offence and liable to a fine of level 4 on the standard scale and to imprisonment for a term of 3 months.3 10 Inspection of registers and statutory statements (1) It shall be the duty of any person by whom a register under this Law is kept, or to whom a statutory statement relating to an article which has been sold by the person but which has never been on his or her premises has been sent, to preserve the register or statement for such period (not exceeding 4 months) as may be prescribed, and on demand by an inspector at any time within that period to produce it for the inspector’s inspection, and if the person keeping the register, or to whom such a statutory statement was sent, fails so to preserve it, he or she shall be liable to a fine not exceeding £20. (2) Any person having in his or her possession or under his or her control any register kept under this Law or any statutory statement made under this Law shall on demand by an inspector produce it for the inspector’s inspection and if the person fails to do so shall be liable to a fine not exceeding £20. (3) An inspector may at all reasonable times enter any premises where the inspector has reasonable cause to believe that any such register or statutory statement as aforesaid is for the time being kept, and may take copies thereof. Article 11 Fertilisers and Feeding Stuffs (Jersey) Law 1950 Page - 12 Revised Edition – 1 January 2006 01.800 11 Powers of entry and sampling (1) An inspector may at all reasonable times enter any premises in which he or she has reasonable cause to believe that there is any article included in the first column of Schedule 1 which has been prepared for sale or consignment, or any article included in the first column of Schedule 1 or 2 which is stored for use and not for sale or manufacture, and may take samples in the prescribed manner of any article on such premises which the inspector has reasonable cause to believe to be such an article as aforesaid. (2) An inspector may for the purposes of this Law take a sample otherwise than in the prescribed manner of any article which has been sold for use as a fertiliser of the soil or as food for cattle or poultry, or which the inspector has reasonable cause to believe to be intended for sale as such; but the name of the seller or purchaser or owner of the article of which a sample is so taken shall not be communicated to any person. (3) Where a sample of a parcel packed ready for retail sale which is 14 pounds in weight or less and is exposed for sale by retail is taken under this Article, the retailer may require the inspector to purchase the parcel on behalf of the Minister. 12 Provisions as to analysis of samples (1) Where a sample has been taken by an inspector in the prescribed manner the inspector shall divide it into 3 parts and cause each part to be marked, sealed and fastened up and the inspector shall deliver or send 2 of the parts to the Official Analyst together with a signed statement that the sample was taken in the prescribed manner, and the third part the inspector shall deliver or send to the owner or seller as may be prescribed. (2) Where a sample submitted to the Official Analyst has been so divided into parts, the Official Analyst shall analyse one of the parts of the sample sent to the Analyst and shall retain the other for such period as may be prescribed. (3) Where a sample or part of a sample is under this Article sent for analysis to the Official Analyst, there shall also be sent to the Analyst any statutory statement or warranty relating to the article sampled or a copy thereof, or a copy of the particulars marked on or indicated by a mark applied to the article. (4) A certificate of analysis shall be signed by the Official Analyst; but the analysis may be made by any person acting under the direction of the Official Analyst. (5) Where a sample taken in the prescribed manner has been analysed by the Official Analyst, he or she shall furnish to the person who submitted the sample for analysis and, where that person is not the purchaser, also to the purchaser, and in every case to the owner or seller of the article, his or her certificate of analysis: Provided that, if the Official Analyst does not know the name and address of the owner or seller, the Analyst shall send the Analyst’s certificate Fertilisers and Feeding Stuffs (Jersey) Law 1950 Article 13 Revised Edition – 1 January 2006 Page - 13 01.800 intended for the owner or seller to the person who submitted the sample, who shall forward it to the owner or seller. (6) Where a sample has not been taken in the prescribed manner, the Official Analyst shall send the certificate to the person who submitted the sample to the Analyst. (7) Where a sample submitted to the Official Analyst has been divided into parts in accordance with the provisions of paragraph (1) and one of the parts has been analysed by the Official Analyst, the Minister may submit the part of the sample retained by the Official Analyst to the Government Chemist in order that it may be analysed by the Government Chemist or by some other person acting under the Government Chemist’s direction and a certificate of the result of the analysis submitted to the Minister. Any statutory statement or warranty relating to the article or mixture sampled or a copy thereof, or a copy of the particulars marked on or indicated by a mark applied to the article or mixture, shall be sent to the Government Chemist with the part of the sample. 13 Tampering with samples If any person fraudulently – (a) tampers with any article so as to procure that any sample of it taken or submitted for analysis under this Law does not correctly represent the article; or (b) tampers or interferes with any sample taken or submitted for analysis under this Law, the person shall be liable to a fine not exceeding £50 or to imprisonment for a term not exceeding 6 months. 14 Obstruction of inspectors If the owner or person entrusted for the time being with the charge and custody of any article refuses to allow an inspector to take a sample of the article on any premises on which the inspector is authorized under this Law to take a sample, or if any person otherwise wilfully delays or obstructs any inspector in the execution of the inspector’s duties under this Law, he or she shall be liable to a fine not exceeding £20: Provided that an inspector seeking to exercise the inspector’s powers under this Law shall, if so required, produce evidence of his or her appointment or authority. 15 Prohibition against disclosures If any inspector discloses any information obtained by the inspector in or in connection with the exercise of his or her powers under this Law, except to persons acting in the execution of this Law and so far as such information may be necessary for the execution thereof, the inspector shall be liable to a fine not exceeding £50. Article 16 Fertilisers and Feeding Stuffs (Jersey) Law 1950 Page - 14 Revised Edition – 1 January 2006 01.800 16 Penalties for offences Any person guilty of an offence against this Law for which no special penalty is provided by this Law shall be liable in the case of a first offence to a fine not exceeding £20 and in the case of a second or subsequent offence to a fine not exceeding £50. 17 Restrictions on taking proceedings (1) Where proceedings under this Law are taken against a person in respect of causing or permitting any name, mark or particulars to be false, or for making a false entry in his or her register or for failure to state the presence in a feeding stuff of an ingredient included in Schedule 3, the person shall not be liable to conviction if he or she proves – (a) that having taken all reasonable precautions against committing an offence against this Law he or she had not at the time of committing the alleged offence reason to suspect the correctness of the mark or entry, or the presence of such ingredient as aforesaid, as the case may be; and (b) where he or she obtained the article from some other person, that on demand by or on behalf of the prosecutor he or she gave all the information in his or her power with respect to the person from whom he or she obtained it and as to the statutory statement given to him or her, and as to any mark applied to the article when he or she obtained it. (2) A prosecution in respect of causing or permitting any name, mark or particulars to be false or in respect of the presence of any ingredient included in Schedule 3 or of any deleterious ingredient shall not be instituted under this Law after the expiration of 3 months from the date on which a sample of the article was taken in the prescribed manner. (3) In any such prosecution as aforesaid the person charged with the alleged offence shall not be presented before the court less than 14 days after the day on which the person is warned so to appear and when the person is so warned there shall be delivered to the person a copy of any certificate of the Official Analyst obtained on behalf of the prosecutor. 18 General provisions as to legal proceedings (1) Proceedings for an offence against this Law shall be instituted on the requirement of the Minister, or, except in the case of offences to which Article 16 applies, on the requirement of the person aggrieved. (2) In any proceedings for an offence under this Law it shall be no defence to allege that, a sample having been taken for analysis only, there was no prejudice to the purchaser. (3) If, in any legal proceedings, the person by or on whose behalf the sample of an article is taken and analysed, or the owner or seller of the article, objects to the certificate of the Official Analyst, the court shall, on the application of the person objecting thereto, order that the part of the sample retained by the Official Analyst be submitted to the Government Chemist in order that it may be analysed by the Government Chemist or Fertilisers and Feeding Stuffs (Jersey) Law 1950 Article 19 Revised Edition – 1 January 2006 Page - 15 01.800 by some other person acting under the Government Chemist’s direction and a certificate of the result of the analysis submitted to the court. Any statutory statement or warranty relating to the article sampled or a copy thereof, or a copy of the particulars marked on or indicated by a mark applied to the article shall be sent to the Government Chemist with the part of the sample. The costs of and incidental to such analysis shall be borne by the person on whose application such order was made: Provided that the provisions of this paragraph shall not apply in any case where the part of the sample retained by the Official Analyst has been submitted to the Government Chemist by the Minister under the provisions of Article 12(7). 19 Evidence of certificate of analysis (1) Where a sample, which has been taken in the prescribed manner by an inspector and has been divided into parts and marked, sealed and fastened up as hereinbefore mentioned, has been analysed, the certificate of the Official Analyst shall at the hearing of any civil or criminal proceedings with respect to the article sampled be sufficient evidence of the facts therein stated, unless the defendant or person charged requires that the person who made the analysis be called as a witness or that the court, in pursuance of Article 18(3), order that the sample be further analysed by the Government Chemist. (2) In any legal proceedings the production of a certificate of the Government Chemist shall be sufficient evidence of the facts stated therein. 20 Power to make Orders The Minister may make Orders for prescribing anything which under this Law is required or authorized to be prescribed, and generally for carrying this Law into operation, and in particular any such Order may provide – (a) for varying any of the Schedules to this Law; (b) for prescribing the manner in which articles required to be marked under this Law are to be marked and the nature of such marks; (c) for prescribing the limits of variation for the purposes of this Law; (d) for prescribing the manner in which samples are to be taken and dealt with in cases where under this Law they are taken in the prescribed manner; (e) as to the method in which analyses for determining the percentages of particular substances are to be made; and (f) as to the form of certificates of analysis to be given by the Official Analyst, and where any Schedule is varied by an Order so made, this Law shall have effect as if the Schedule as so varied were substituted for the Schedule contained in this Law. Article 21 Fertilisers and Feeding Stuffs (Jersey) Law 1950 Page - 16 Revised Edition – 1 January 2006 01.800 21 Financial provisions (1) The Minister for Treasury and Resources may, by Order, prescribe the fees to be payable in respect of the making of any analysis by the Official Analyst and the taking of samples at the request of purchasers, and that Minister may thereby prescribe different fees for different articles and for different quantities of the same article or for different analyses of the same article. (2) (3) 4 22 Provisions as to Orders (1) Every Order made under this Law – (a) shall come into force on the date prescribed thereby; (b) may be amended or revoked by a subsequent order; (c) shall remain in force until revoked; and (d) shall be laid before the States as soon as may be after it is made, and if the States, at any time thereafter, resolve that it be annulled, it shall cease to have effect, but without prejudice to anything previously done or to the making of any new Order.5 (2) The Greffier of the States shall cause every Order made under this Law to be printed and shall cause to be published in 2 newspapers circulating in Jersey, one being a publication in French and the other a publication in English, a notice stating that the Order has been made, the date of the coming into force thereof and the place at which printed copies thereof may be purchased. 23 Exemption for certain sales This Law shall not apply in relation to the sale of an article used as a fertiliser of the soil or as a food for cattle or poultry where the sale is effected outside Jersey or by a member of the Viscount’s Department in exercise of the duties of the Viscount’s office. 24 Citation This Law may be cited as the Fertilisers and Feeding Stuffs (Jersey) Law 1950. Fertilisers and Feeding Stuffs (Jersey) Law 1950 SCHEDULE 1 Revised Edition – 1 January 2006 Page - 17 01.800 SCHEDULE 1 (Articles 2, 3, 4, 5, 6, 9 and 11) ARTICLES TO WHICH ALL THE PROVISIONS OF THE LAW ARE APPLICABLE6 PART 1 FERITLISERS NOTE: In the case of each item mentioned in the first column of this Schedule there shall be stated, in addition to the particulars mentioned in the second column in relation to such articles, the name of any pesticide or herbicide or of any of the substances boron, cobalt, copper, iron, magnesium, manganese and molybdenum, not being such a substance which has been added with or without other substances in order to improve the handling qualities of the article, which has been added as an ingredient in the course of manufacture or preparation for sale. When any boron, cobalt, copper, iron, magnesium, manganese or molybdenum has been so added there shall be stated the total amount present of the substance as a percentage by weight unless the amount present is less than 0.1% by weight in which case it shall be stated in parts per million. Article Particulars to be contained in Statutory Statement In every case particulars shall be given in accordance with the Note at the head of this Part of this Schedule Ammonium nitrate and mixtures of ammonium nitrate with any article not mentioned elsewhere in this Schedule Amount of nitrogen Ammonium sulphate nitrate Amount of nitrogen A product, not otherwise mentioned in this Part of this Schedule, obtained by mixing one or more of the articles mentioned in this Part of this Schedule with any other such article or with any other substance or substances Amounts, if any, of nitrogen, potash, phosphoric acid soluble in water, and phosphoric acid insoluble in water respectively Basic slag Total amount of phosphoric acid. Amount of phosphoric acid soluble in citric acid. Amount of the article that will pass through a British Standard Test Sieve SCHEDULE 1 Fertilisers and Feeding Stuffs (Jersey) Law 1950 Page - 18 Revised Edition – 1 January 2006 01.800 Article Particulars to be contained in Statutory Statement Mesh No. 100 Bone meal, or other product not otherwise mentioned in this Part of this Schedule, obtained by grinding or otherwise treating bone, used for fertilising purposes Amounts of nitrogen and phosphoric acid respectively Calcium cyanamide Amount of nitrogen Concentrated super-phosphate Amount of phosphoric acid soluble in water Dicalcium phosphate Amount of phosphoric acid soluble in citric acid Dissolved or vitriolised bone Amounts of nitrogen, phosphoric acid soluble in water, and phosphoric acid insoluble in water respectively Dried blood for fertilising purposes Amount of nitrogen Fish residues or other product obtained by drying and grinding or otherwise treating fish or fish waste, used for fertilising purposes Amounts of nitrogen and phosphoric acid respectively Guano, including Peruvian and other raw guanos, but excluding poultry manure Amounts of nitrogen, phosphoric acid and potash respectively Hoofs Amount of nitrogen Hoofs and horns Amount of nitrogen Horns Amount of nitrogen Meat and bone residues, or any product not specifically mentioned elsewhere in this Part of this Schedule, obtained by drying and grinding or otherwise treating bone, flesh, flesh fibre (including whale meat) and other slaughter-house residues, used for fertilising purposes Amounts of nitrogen and phosphoric acid respectively Nitrate of lime Amount of nitrogen Nitrate of potash Amounts of nitrogen and potash respectively Nitrate of soda Amount of nitrogen Nitrogenous gas liquor; ammoniacal gas Amount of nitrogen Fertilisers and Feeding Stuffs (Jersey) Law 1950 SCHEDULE 1 Revised Edition – 1 January 2006 Page - 19 01.800 Article Particulars to be contained in Statutory Statement liquor; gas liquor Oil seed fertilisers, including castor meal, rape meal, or any residue other than mowrah meal, which is obtained by the removal of oil from seeds Amount of nitrogen Phosphate rock, ground or otherwise Amount of phosphoric acid. Amount that will pass through a British Standard Test Sieve Mesh No100 Potassic nitrate of soda Amounts of nitrogen and potash respectively Potassium salts not otherwise mentioned in this Part of this Schedule used as feritlisers, including kainit, sylvinite, potash, manure salt, muriate of potash, sulphate of potash and sulphate of potash-magnesia Amount of potash Precipitated bone phosphate; dicalcium bone phosphate Amount of phosphoric acid soluble in citric acid Sulphate of ammonia Amount of nitrogen Superphosphate Amount of phosphoric acid soluble in water Triple superphosphate Amount of phosphoric acid soluble in water Urea Amount of nitrogen The provisions of this Part of this Schedule shall apply to any article described therein under whatever name it may be sold or offered for sale and notwithstanding that it contains a substance not mentioned in this Part of this Schedule. The amount in each case is to be stated as a definite percentage of the weight of the article, and not as a range of percentages. Nitrogen is to be stated in terms of nitrogen (N). Phosphoric acid, soluble phosphoric acid and insoluble phosphoric acid are to be stated in terms of phosphoric anhydride (P2O5). Potash is to be stated in terms of potassium oxide (K2O). In this Part of this Schedule – “pesticide” means a substance calculated to destroy or control any insect, mite, mollusc, nematode or fungus or any other pest capable of destroying, damaging or retarding growth of any form of plant life; SCHEDULE 1 Fertilisers and Feeding Stuffs (Jersey) Law 1950 Page - 20 Revised Edition – 1 January 2006 01.800 “herbicide” means a substance calculated to destroy or control any unwanted plant. PART 2 NOTE: In the case of each article mentioned in the first column of this Schedule there shall be stated, in addition to the particulars mentioned in the second column in relation to that article – (i) the name of any natural or synthetic hormone which has been added in the course of manufacture or preparation for sale; (ii) the name and a statement of the amount present of any coccidiostat or anti-blackhead remedy which has been added in the course of manufacture or preparation for sale; and (iii) a statement of the amount present of any copper (if present in excess of 70 parts per million) or magnesium (if present in excess of 0.5%) where any copper or magnesium has been added in the course of manufacture or preparation for sale, any such amount being stated as a percentage by weight, unless the amount present is less than 0.1% by weight in which case it shall be stated in parts per million. Article Particulars to be contained in Statutory Statement In every case particulars shall be given in accordance with the Note at the head of this Part of this Schedule Barley Meal None Barley meal, Grade II None Bean meal None Coconut or copra cake or meal Amounts of oil and protein respectively Compound cakes or meals, that is to say, any cakes or meals (other than molasses feeds and dried molassed beet pulp) consisting of a mixture of one or more of the articles mentioned in this Part of this Schedule or in Part 2 of Schedule 2 with any other such article or with any other substance or substances Amounts, if any, of oil, protein and fibre respectively Cotton cakes or meals, not decorticated Amounts of oil and protein respectively Cotton cakes or meals from decorticated or partly decorticated cotton seed Amounts of oil, protein and fibre respectively Dari or durra meal None Fertilisers and Feeding Stuffs (Jersey) Law 1950 SCHEDULE 1 Revised Edition – 1 January 2006 Page - 21 01.800 Article Particulars to be contained in Statutory Statement Dried plain beet pulp Amount of fibre Dried molassed beet pulp Amounts of sugar and fibre respectively Feeding bone flour Amounts of phosphoric acid and protein respectively Feeding bone meal, ground bone, or any other bone product for feeding purposes Amounts of phosphoric acid and protein respectively Feeding meat and bone meal, or any other product of meat (including whale meat) and bone for feeding purposes Amounts of oil, protein and phosphoric acid respectively Feeding meat meal, or any other product of meat (including whale meat) for feeding purposes Amounts of oil, protein and phosphoric acid respectively Fish meal, white fish meal, or other product obtained by drying and grinding or otherwise treating fish or fish waste Amounts of oil, protein, phosphoric acid and salt respectively Ground oats None Linseed cakes and the meals of such cakes; extracted linseed meal Amounts of oil and protein respectively Linseed meal Amount of oil Locust bean meal None Maize by-products not otherwise specifically mentioned in this Schedule Amounts of oil, protein and fibre respectively Maize, flaked Amounts of oil and protein respectively Maize germ cake or meal Amounts of oil and protein respectively Maize gluten feed Amounts of oil and protein respectively Maize meal; Indian meal None Mixtures of molasses and urea Sugar and protein equivalent of urea Molasses feeds (other than dried molassed beet pulp) including any feeding stuffs, composed of treacle or molasses with an absorbent, containing not less than 10% of sugar Amounts of sugar and fibre respectively Oatmeal by-products Amount of fibre Oil cakes or meals not otherwise specifically mentioned in this Schedule which are the product of any one Amounts of oil and protein respectively SCHEDULE 1 Fertilisers and Feeding Stuffs (Jersey) Law 1950 Page - 22 Revised Edition – 1 January 2006 01.800 Article Particulars to be contained in Statutory Statement undecorticated substance or seed from which oil has been removed Oil cakes or meals not otherwise specifically mentioned in this Schedule which are the product of any one decorticated or partly decorticated substance or seed from which oil has been removed Amounts of oil, protein and fibre respectively Palm kernel cake or meal Amounts of oil and protein respectively Pea meal None Rape cake or meal Amounts of oil and protein respectively Rice bran or rice meal, or the by-product produced in milling shelled rice Amounts of oil, protein and fibre respectively Soya cake or meal Amounts of oil and protein respectively Treacle or molasses Amount of sugar Wheat meal None Wheat offals or millers’ offals Amount of fibre The provisions of this Part of this Schedule shall apply to any article described therein under whatever name it may be sold or offered for sale and notwithstanding that it contains a substance not mentioned in this Part of this Schedule. The amount, in each case, is to be stated as a definite percentage of the weight of the article, and not as a range of percentages. Phosphoric acid is to be stated in terms of phosphoric anhydride (P2O5). The amount of protein means the amount of nitrogen, other than ammoniacal, nitrate or urea nitrogen, multiplied by 6.25. In the case of compound cakes or meals, the amount of protein means the amount of nitrogen, including urea nitrogen but not including ammoniacal or nitrate nitrogen, multiplied by 6.25. The amount of protein equivalent of urea means the amount of urea nitrogen multiplied by 6.25. In this Part of this Schedule – “coccidiostat” means a substance used in the preventative or curative treatment of disease in poultry caused by protozoal organisms of the order of coccidia; “anti-blackhead remedy” means a substance used in the preventative or curative treatment of infection in poultry due to Histomonas meleagridis; Fertilisers and Feeding Stuffs (Jersey) Law 1950 SCHEDULE 1 Revised Edition – 1 January 2006 Page - 23 01.800 “synthetic hormone” means a synthetic compound which has similar properties to, or has the property of stimulating the production of, a natural hormone. SCHEDULE 2 Fertilisers and Feeding Stuffs (Jersey) Law 1950 Page - 24 Revised Edition – 1 January 2006 01.800 SCHEDULE 2 (Articles 2, 3, 4 and 11) ARTICLES TO WHICH SOME ONLY OF THE PROVISIONS OF THE LAW ARE APPLICABLE7 PART 1 FERTILISERS Note: In the case of each item mentioned in the first column of this Schedule there shall be stated, in addition to the particulars mentioned in the second column in relation to such articles, the name of any pesticide or herbicide or of any of the substances boron, cobalt, copper, iron, magnesium, manganese and molybdenum, not being such a substance which has been added with or without other substances in order to improve the handling qualities of the article, which has been added as an ingredient in the course of manufacture or preparation for sale. When any boron, copper, cobalt, iron, magnesium, manganese or molybdenum has been so added there shall be stated the total amount present of the substance as a percentage by weight unless the amount present is less than 0.1% by weight in which case it shall be stated in parts per million. Article Particulars to be contained in Statutory Statement In every case particulars shall be given in accordance with the Note at the head of this Part of this Schedule Burnt or quick lime, ground or otherwise Neutralising value Burnt magnesium lime, ground or otherwise Neutralising value Calcium hydroxide; hydrated lime; slaked lime; slaked magnesium lime Neutralising value Chalk None Chalk, ground Neutralising value Chalk, screened Neutralising value. Amount that will pass through a declared British Standard Test Sieve Limestone, ground; magnesian limestone, ground Neutralising value. Amount that will pass through a British Standard Test Sieve Mesh No. 100 Fertilisers and Feeding Stuffs (Jersey) Law 1950 SCHEDULE 2 Revised Edition – 1 January 2006 Page - 25 01.800 Article Particulars to be contained in Statutory Statement Mixed Lime Neutralising value Shoddy None The provisions of this Part of this Schedule shall apply to any article described therein under whatever name it may be sold or offered for sale, and notwithstanding that it contains a substance not mentioned in this Part of this Schedule. The amount, in each case, is to be stated as a definite percentage of the weight of the article, and not as a range of percentages. Neutralising value is to be expressed in terms of calcium oxide (CaO). In this Part of this Schedule – “pesticide” means a substance calculated to destroy or control any insect, mite, mollusc, nematode or fungus or any other pest capable of destroying, damaging or retarding growth of any form of plant life; “herbicide” means a substance calculated to destroy or control any unwanted plant. PART 2 FEEDING STUFFS Note: In the case of each article mentioned in the first column of this Schedule there shall be stated, in addition to the particulars mentioned in the second column in relation to that article – (a) the name of any natural or synthetic hormone which has been added in the course of manufacture or preparation for sale; (b) the name and a statement of the amount present of any coccidiostat or anti-blackhead remedy which has been added in the course of manufacture or preparation for sale; and (c) a statement of the amount present of any copper (if present in excess of 70 parts per million) or magnesium (if present in excess of 0.05%) where any copper or magnesium has been added in the course of manufacture or preparation for sale; Any such amount being stated as a percentage by weight, unless the amount present is less than 0.1% by weight in which case it shall be stated in parts per million. SCHEDULE 2 Fertilisers and Feeding Stuffs (Jersey) Law 1950 Page - 26 Revised Edition – 1 January 2006 01.800 Article Particulars to be contained in Statutory Statement In every case particulars shall be given in accordance with the Note at the head of this Part of this Schedule Dried brewery grains Amounts of oil and protein respectively Dried distillery by-products (other than malt culms and dried yeast) Amounts of oil and protein of fibre if present in excess of 2% and of calcium if present in excess of 2% Artificially dried grass, clover, lucerne, sainfoin, green cereals or any other artificially dried green crops or a mixture of any of them Amount of protein Dried yeast Amount of protein Feeding dried blood Amount of protein Malt culms Amounts of protein and fibre respectively The provisions of this Part of this Schedule shall apply to any article described therein under whatever name it may be sold or offered for sale and notwithstanding that it contains a substance not mentioned in this Part of this Schedule. The amount in each case is to be stated as a definite percentage of the weight of the article, and not as a range of percentages. The amount of protein means the amount of nitrogen, other than ammoniacal, nitrate or urea nitrogen, multiplied by 6.25. In this Part of this Schedule – “coccidiostat” means a substance used in the preventative or curative treatment of disease in poultry caused by protozoal organisms of the order of coccidia; “anti-blackhead remedy” means a substance used in the preventative or curative treatment of infection in poultry due to Histomonas meleagridis; “synthetic hormone” means a synthetic compound which has similar properties to, or has the property of stimulating the production of, a natural hormone. Fertilisers and Feeding Stuffs (Jersey) Law 1950 SCHEDULE 3 Revised Edition – 1 January 2006 Page - 27 01.800 SCHEDULE 3 (Articles 2, 3 and 17) INGREDIENTS IN FEEDING STUFFS THE PRESENCE OF WHICH MUST BE DECLARED8 (a) Husks, chaff, glumes, shudes, hulls, nutshells or skins of nuts, from any source, whether ground or unground, treated or untreated, when used as separate ingredients or artificial mixtures in the manufacture of feeding stuffs; Where the kernels naturally associated in seeds with one or other of the above materials are present in a feeding stuff along with the materials with which they are so associated, regard shall be had to the proportion of the above materials that might reasonably be expected to accompany such kernels, when the seed from which they are derived is in its natural condition, provided that feeding in this condition is regarded as a common practice in the feeding of livestock; (b) Peat, peat moss, spent hops or sugar cane pith, treated or untreated, ground or otherwise; (c) Wheat or rye straw, ground or otherwise; (d) Sawdust or any other form of wood, treated or untreated. SCHEDULE 4 Fertilisers and Feeding Stuffs (Jersey) Law 1950 Page - 28 Revised Edition – 1 January 2006 01.800 SCHEDULE 4 (Article 3) DEFINITIONS IMPLIED ON THE SALE OF ARTICLES UNDER CERTAIN NAMES9 PART 1 FERTILISERS Name under which Article sold Implied Definition Ammonium nitrate Ammonium nitrate for fertilising purposes Ammonium sulphate nitrate A mixture of, or combination of, ammonium sulphate and ammonium nitrate in which the nitrate nitrogen content is not less than 1/5 of the total nitrogen present Basic slag A by-product, containing phosphorus, obtained in the manufacture of steel and to which no addition has been made at the time of leaving or after it has left the furnace Bone meal Commercially pure bone, raw or degreased, which has been ground or crushed of which not less than 90% will pass through a sieve of ¼ in. square apertures Burnt magnesium lime, ground or otherwise Commercial calcium and magnesium oxides containing more than 5.5% of magnesium (Mg.) Burnt or quick lime, ground or otherwise Commercial calcium oxide containing not more than 5.5% of magnesium (Mg) Calcium cyanamide Commercial calcium cyanamide Calcium hydroxide; hydrated lime; slaked lime The product obtained by slaking burnt lime Castor meal The residue which is obtained by the removal of oil from commercially pure castor seed Chalk Cretaceous limestone Fertilisers and Feeding Stuffs (Jersey) Law 1950 SCHEDULE 4 Revised Edition – 1 January 2006 Page - 29 01.800 Name under which Article sold Implied Definition Chalk, ground Cretaceous limestone which has been reduced in size so that it will pass through a sieve of ¼ in. square apertures Chalk, screened Cretaceous limestone that will pass through a sieve having apertures not exceeding 3 in. square Compound fertiliser; mixed fertiliser; fertiliser mixture A product, not otherwise mentioned in this Part of this Schedule, containing 2 or 3 of the elements nitrogen, phosphorus and potassium, and obtained by mixing one or more of the articles mentioned in Part 1 of Schedule 1 with any other such article or with any other substance or substances Concentrated superphosphate Phosphate rock which has been treated with sulphuric acid and phosphoric acid Dicalcium phosphate Dicalcium phosphate for fertilising purposes Dissolved or vitriolised bone Commercially pure bone which has been treated with sulphuric acid Dried blood Blood which has been dried, to which no other matter has been added Fish guano; fish manure A product obtained by drying and grinding or otherwise treating fish or fish waste, to which no other matter has been added Hoofs The product obtained by crushing or grinding hoof, to which no other matter has been added Hoofs and horns A mixture of hoof and horn, crushed or ground, to which no other matter has been added Horns The product obtained by crushing or grinding horn, to which no other matter has been added Kainit Mineral potassium salt containing less than 3.6% of magnesium (Mg) Limestone, ground Sedimentary rock consisting largely of calcium carbonate but containing not more than 3% of magnesium (Mg), which has been reduced in size so that 100% will pass through a sieve of 3/16 in. square apertures, not less than 95% will pass SCHEDULE 4 Fertilisers and Feeding Stuffs (Jersey) Law 1950 Page - 30 Revised Edition – 1 January 2006 01.800 Name under which Article sold Implied Definition through a sieve of 1/8 in. square apertures and not less than 40% will pass through a British Standard Test Sieve Mesh No. 100 Magnesium Kainit Mineral potassium salt containing at least 3.6% of magnesium (Mg) Magnesium limestone, ground Sedimentary rock consisting largely of the carbonates of calcium and magnesium but containing more than 3% of magnesium (Mg), which has been reduced in size so that 100% will pass through a sieve of 3/16 in. square apertures, not less than 95% will pass through a sieve of 1/8 in. square apertures and not less than 40% will pass through a British Standard Test Sieve Mesh No. 100 Meat and bone meal; meat meal; carcase meal; meat and bone tankage The product of drying and grinding or otherwise treating bone, flesh, flesh fibre (including whale meat) and other slaughterhouse residues, to which no other matter has been added Mixed lime A product, not being a by-product or a mixture of by-products from manufacturing or other processes, obtained by mixing 2 or more of the forms of liming materials defined in this Schedule Muriate of potash Potassium chloride for fertilising purposes Nitrate of lime Calcium nitrate for fertilising purposes Nitrate of potash Potassium nitrate for fertilising purposes Nitrate of soda Sodium nitrate for fertilising purposes Nitrogenous gas liquor; ammoniacal gas liquor; gas liquor Ammoniacal liquor produced in the carbonisation of coal and free from tar visible to the naked eye, containing less than 0.4% thiocyanate as CNS Phosphate rock, ground or otherwise The substance obtained from mineral calcium phosphate deposits, to which no other matter has been added Potassic nitrate of soda; Chilian potash nitrate A mixture of sodium nitrate and potassium nitrate for fertilising purposes Rape meal The residue which is obtained by the removal of oil from commercially pure rape seed Fertilisers and Feeding Stuffs (Jersey) Law 1950 SCHEDULE 4 Revised Edition – 1 January 2006 Page - 31 01.800 Name under which Article sold Implied Definition Precipitated bone phosphate; dicalcium bone phosphate An insoluble calcium phosphate prepared by treating commercially pure bone with acid and precipitation of phosphate from the solution Raw guano The excrement and remains of any birds except poultry, containing both nitrogen and phosphorus, prepared for use by screening where necessary, but to which no addition has been made Shoddy manure; wool waste; wool combings; wool manure; flock dust Waste of wool, or of wool mixed with fibrous materials such as are associated with wool in the textile industries, including cotton and similar non-wool materials, to which no other matter has been added Slaked magnesian lime The product obtained by slaking burnt magnesian lime Steamed bone flour Commercially pure bone, degreased and ground or crushed, from which the nitrogen has been partly or wholly removed by steam, of which not less than 75% will pass through a British Standard Test Sieve Mesh No. 16 Steamed bone meal Commercially pure bone, degreased and ground or crushed, from which the nitrogen has been partly or wholly removed by steam, of which not less than 90% will pass through a sieve of ¼ in. square apertures Sulphate of ammonia Ammonium sulphate for fertilising purposes Sulphate of potash Potassium sulphate for fertilising purposes Superphosphate Phosphate rock which has been treated with sulphuric acid Triple superphosphate Phosphate rock which has been treated with phosphoric acid only Urea Commercially pure urea containing not more than 1.5% biuret The implied definition of any article mentioned in the first column of this Part of this Schedule shall be deemed not to exclude the presence of a substance added to improve the handling qualities of the article, or the presence of boron, cobalt, copper, iron, magnesium, manganese or molybdenum (or a compound of SCHEDULE 4 Fertilisers and Feeding Stuffs (Jersey) Law 1950 Page - 32 Revised Edition – 1 January 2006 01.800 any such element) or any herbicide or pesticide as defined in Schedule 1 which is the subject of a declaration in accordance with Schedule 1 or 2. PART 2 FEEDING STUFFS Name under which Article sold Implied Definition Alfalfa meal; lucerne meal Alfalfa (lucerne), as grown, dried by natural means and ground, to which no other matter has been added Barley meal The meal obtained by grinding barley, as grown, which shall be the whole grain together with only such other substances as may reasonably be expected to have become associated with the grain in the field and which contains not less than 96% pure barley Barley meal, Grade II The meal, other than barley meal as defined above, obtained by grinding barley, as grown, which shall be the whole grain together with only such other substances as may reasonably be expected to have become associated with the grain in the field and which contains not less than 90% pure barley Bean meal The meal obtained by grinding commercially pure beans of the species (1) Vicia Faba (synonym Faba vulgaris) or any of its varieties, commonly known as “horse bean”, “field bean” or “broad bean”; or (2) Phaseolus vulgaris, the “true haricot bean” or any of its varieties, white or coloured Clover meal Whole clover, as grown, dried by natural means and ground, to which no other matter has been added Compound cakes or meals Cakes or meals, not otherwise mentioned in this Part of this Schedule, obtained by mixing one or more of the articles mentioned in Part 2 of Schedule 1 or in Part 2 of Schedule 2 with any other such article or with any other substance or substances Fertilisers and Feeding Stuffs (Jersey) Law 1950 SCHEDULE 4 Revised Edition – 1 January 2006 Page - 33 01.800 Name under which Article sold Implied Definition Cotton cakes or meals not decorticated The residue resulting from the removal of oil from commercially pure cotton seed, not decorticated Cotton cakes or meals from decorticated or partly decorticated cotton seed The residue resulting from the removal of oil from commercially pure cotton seed from which the cortex, in whole or in part, has been removed Dari meal; durra meal The meal obtained by grinding commercially pure dari or durra seed Dried brewery grains The article produced by drying the residue of malted and unmalted cereals used in brewing, to which no other matter has been added Dried grass Any product whether ground or not which – (a) is obtained by artificially drying any of the following: – grass, clover, lucerne, sainfoin, green cereals, or any mixture consisting of any of them, and (b) is otherwise as grown (that is to say including any growths harvested therewith but with no other substance added thereto) and contains not less than 13% protein calculated on the assumption that it contains 10% moisture Dried grass (maintenance quality) Dried grass as defined in this Schedule except that it may contain less than 13% but not less than 10% protein calculated on the assumption that it contains 10% moisture Dried green fodder crops Any product whether ground or not which – (a) is obtained by artificially drying any green crop or crops suitable for use as dried fodder for cattle or poultry, and SCHEDULE 4 Fertilisers and Feeding Stuffs (Jersey) Law 1950 Page - 34 Revised Edition – 1 January 2006 01.800 Name under which Article sold Implied Definition (b) is otherwise as grown (that is to say, including any growths harvested therewith but with no other substance added thereto), and contains not less than 10% protein calculated on the assumption that it contains 10% moisture, but is not dried grass or dried grass (maintenance quality) Dried green roughage Any product whether ground or not which contains less than 10% protein calculated on the assumption that it contains 10% moisture, but which in all other respects complies with the definition of dried grass or dried green fodder crops Dried plain beet pulp The article produced by drying the sugar beet residue produced in the manufacture of sugar from sugar beet, with or without the addition of molasses, to give less than 10% of sugar Dried molassed beet pulp The article produced by drying the sugar beet residue produced in the manufacture of sugar from sugar beet, with the addition of molasses, to give 10% or more of sugar Dried yeast An article produced by drying yeast or yeast residues, to which no other matter has been added Extracted linseed meal The residue resulting from the removal of oil from commercially pure linseed by means of a solvent Feeding bone flour Commercially pure bone, degreased and ground or crushed, from which the nitrogen has been partly or wholly removed by steam Feeding bone meal; ground bone Commercially pure bone, raw or degreased, which has been ground or crushed Feeding dried blood Blood which has been dried, to which no other matter has been added Fertilisers and Feeding Stuffs (Jersey) Law 1950 SCHEDULE 4 Revised Edition – 1 January 2006 Page - 35 01.800 Name under which Article sold Implied Definition Feeding meat and bone meal The product, containing not less than 40% of protein and not more than 4% of salt, obtained by drying and grinding animal carcases or portions thereof (excluding hoof, horn and feathers) and bone, to which no other matter has been added, but which may have been preliminarily treated for the removal of fat Feeding meat meal The product, containing not less than 55% of protein and not more than 4% of salt, obtained by drying and grinding animal carcases or portions thereof (excluding hoof, horn and feathers) to which no other matter has been added but which may have been preliminarily treated for the removal of fat Fish meal; fish residue meal A product obtained by drying and grinding or otherwise treating fish or waste of fish, to which no other matter has been added Flaked maize The product obtained by cooking and flaking commercially pure maize or Indian corn, either as grown or from which the germ, in whole or in part, has been removed Ground oats The meal obtained by grinding commercially pure oats, as grown Linseed cakes or the meals of such cakes The residue resulting from the removal of oil from commercially pure linseed Linseed meal The meal obtained by grinding or crushing commercially pure linseed Locust bean meal The meal obtained by grinding or crushing commercially pure locust beans Maize germ cake or meal A meal or cake resulting from the grinding of maize germs or from maize germs from which the oil has been removed in whole or in part Maize gluten feed A by-product resulting from the removal of starch and germ from maize, to which no other matter has been added Maize meal; Indian meal The meal obtained by grinding commercially pure maize or Indian corn, as grown SCHEDULE 4 Fertilisers and Feeding Stuffs (Jersey) Law 1950 Page - 36 Revised Edition – 1 January 2006 01.800 Name under which Article sold Implied Definition Malt culms The rootlets and shoots arising from the screening of malt, to which no other matter has been added Molasses feeds Any mixture (other than dried molassed beet pulp and mixtures of molasses and urea) containing not less than 10% of sugar, of an absorbent material and treacle or molasses Nut cakes or meals, including coconut, copra, palm kernel and ground nut cakes and meals The residue resulting from the removal of oil from commercially pure nut kernels Oatfeed The by-product of oatmeal milling consisting of hulls, floury materials, mealy matter and scree dust, all finely ground, and containing not more than 27% of fibre Pea meal The meal obtained by grinding commercially pure peas, as grown, of varieties of “Pisum sativum” or “Pisum arvense” Rape cake or meal The residue resulting from the removal of oil from commercially pure rape seed Rice bran; rice meal The by-product produced in milling shelled rice, to which no other matter has been added Soya cake or meal The residue resulting from the removal of oil from commercially pure soya beans Sugar beet treacle; sugar beet molasses A concentrated syrup product obtained in the manufacture of sugar beet, to which no other matter has been added Sugar cane treacle; sugar cane molasses A concentrated syrup product obtained in the manufacture of sugar from sugar cane, to which no other matter has been added Wheat meal The meal obtained by grinding commercially pure wheat, as grown Wheat offals; millers’ offals A product of wheat separated in the process of milling and containing not more than 4% of vegetable substances, other than wheat, extracted from wheat in the process of cleaning by the maker of the offals in the production of flour Fertilisers and Feeding Stuffs (Jersey) Law 1950 SCHEDULE 4 Revised Edition – 1 January 2006 Page - 37 01.800 Name under which Article sold Implied Definition White fish meal A product (containing not more than 6% of oil and not more than 4% of salt) obtained by drying and grinding or otherwise treating white fish or waste of white fish, to which no other matter has been added In the case of every article mentioned in this Schedule the definition of which includes the expression “commercially pure”, it is implied that no other matter may have been added. The implied definition of any article mentioned in the first column of this Part of this Schedule shall be deemed not to exclude the presence of a substance added to improve the keeping or handling qualities of the article, or the presence of any coccidiostat, anti-blackhead remedy, natural or synthetic hormone (as defined in Schedule 1 or 2), copper or magnesium, which is the subject of a declaration in accordance with Schedule 1 or 2. SCHEDULE 5 Fertilisers and Feeding Stuffs (Jersey) Law 1950 Page - 38 Revised Edition – 1 January 2006 01.800 SCHEDULE 5 (Article 8) DELETERIOUS INGREDIENTS IN FEEDING STUFFS10 (a) Salts soluble in water, if present in a feeding stuff in proportion likely to be injurious to the health of animals. (b) All poisonous substances except those naturally present in the material or materials from which the feeding stuff is derived. (c) Sand, silicious matter or other insoluble mineral matter not naturally associated with ingredients of the feeding stuff which do not fall within the scope of this Schedule, or which, even if naturally so associated, are present in greater proportion than the maximum that may be expected to be due to such natural association. For the purposes of this paragraph the term “insoluble” shall imply insolubility as determined by a prescribed method; the term “natural association” shall be construed as applying to average commercial samples of the feeding material with which it may be claimed that a particular mineral ingredient is associated. Fertilisers and Feeding Stuffs (Jersey) Law 1950 Endnotes Revised Edition – 1 January 2006 Page - 39 01.800 ENDNOTES Table of Legislation History Legislation Year and No Commencement Feritlisers and Feeding Stuffs (Jersey) Law 1950 L.5/1950 1 September 1950 (R&O.2722) Feritlisers and Feeding Stuffs (Jersey) Order 1972 R&O.5668 1 August 1972 Subordinate Legislation (Amendment No. 2) (Jersey) Law 2001 L.2/2001 23 February 2001 Transfer of Functions (Environment and Public Services Committee (No. 2) (Jersey) Act 2004 R&O.133-2004 23 November 2004 Fertilizers and Feeding Stuffs (Amendment) (Jersey) Law 2005 L.20/2005 12 August 2005 States of Jersey (Amendments and Construction Provisions No. 3) (Jersey) Regulations 2005 R&O.132/2005 9 December 2005 States of Jersey (Amendments and Construction Provisions No. 12) (Jersey) Regulations 2005 R&O.133/2005 9 December 2005 Public Finances (Consequential Amendments) (Jersey) Regulations 2005 R&O.126/2005 9 December 2005 Table of Renumbered Provisions Original Current 20(1) 20 24 spent, omitted from this revised edition 25(1) 24 (2) spent, omitted from this revised edition First Schedule SCHEDULE 1 Part I PART 1 Part II PART 2 Second Schedule SCHEDULE 2 Part I PART 1 Part II PART 2 Third Schedule SCHEDULE 3 Fourth Schedule SCHEDULE 4 Part I PART 1 Part II PART 2 Endnotes Fertilisers and Feeding Stuffs (Jersey) Law 1950 Page - 40 Revised Edition – 1 January 2006 01.800 Original Current Fifth Schedule SCHEDULE 5 Table of Endnote References 1 This Law has been amended by the States of Jersey (Amendments and Construction Provisions No. 3) (Jersey) Regulations 2005 and the States of Jersey (Amendments and Construction Provisions No. 12) (Jersey) Regulations 2005. The amendments replace all references to a Committee of the States of Jersey with a reference to a Minister of the States of Jersey, and remove and add defined terms appropriately, consequentially upon the move from a committee system of government to a ministerial system of government 2 chapter 20.225 3 Article 9A inserted by L.20/2005 4 Article 21(2)&(3) repealed by R&O.126/2005 5 Article 22(1) amended by L.2/2001 6 Schedule 1 substituted by R&O.5668 7 Schedule 2 substituted by R&O.5668 8 Schedule 3 substituted by R&O.5668 9 Schedule 4 substituted by R&O.5668 10 Schedule 5 substituted by R&O.5668