All fertilizer products that do not comply with the type regulations provided for in the Fertilizer Ordinance 2004 as amended or Regulation (EU) 2019/1009 laying down rules for the provision of EU fertilizer products, or that do not contain designated starting materials, must be approved in accordance with Section 9 of the Fertilizer Act 2021.
The Federal Office for Food Safety is responsible in Austria for the approval of fertilizers, soil additives, growing media and plant aids (hereinafter referred to as fertilizer products). If a fertilizer product corresponds to a type described in the Fertilizer Ordinance 2004, then no registration is required.
If, on the other hand, a fertilizer product does not correspond to a type described in the Fertilizer Ordinance 2004 due to its composition, content of ingredients or starting materials, then there is the possibility of an approval by notice according to § 9 Fertilizer Act 2021.
Since 1.10.2021, the application for approval by notice has to be submitted exclusively by means of an online application to the Federal Office for Food Safety.
Note: According to § 9 para 5 Fertilizer Act 2021, the approval of fertilizer products is to be granted for a maximum of ten years. When setting the time limit, the expected development of science and technology is to be taken into account in particular. The approval shall expire upon the expiry of the fixed period, but no later than after ten years. With the entry into force of the Fertilizer Act 2021 on 1.10.2021, approvals can only be granted for a limited period. Fertilizers, soil additives, growing media and plant aids that have been approved for an unlimited period of time in accordance with § 9a of the Fertilizer Act 1994 may be placed on the market with the labeling and composition corresponding to the approval until January 1, 2025. These products will also not be listed in the fertilizer register according to § 10 Fertilizer Act 2021.
Should changes be applied for in connection with such fertilizer products, which require a (re)evaluation of the fertilizer product, this will be equated to a new approval according to the Fertilizer Act 2021. This means that the approval can be limited to a maximum of 10 years or the product will be included in the fertilizer register according to § 10 Fertilizer Act 2021 (1.1.2022) after (re-)approval.
Frequently Asked Questions (FAQ) Fertilizers
Fertilizers, soil additives, growing media and plant aids are fertilizer products according to Austrian fertilizer legislation. These products must comply with a type of the Austrian Fertilizer Ordinance 2004 as amended. EU fertilizer products must comply with Regulation (EU) 2019/1009.
Anyone who intends to commercially place fertilizers, soil additives, growing media or plant aids on the market must notify the Federal Office for Food Safety in accordance with Section 16 of the Fertilizer Act 2021 before commencing the activity. The notification must be made via the BAES eServices portal.
According to Section 2 (1)(8) of the Fertilizer Act 2021, placing on the market means making available on the Union market, importing from third countries, transporting, holding in stock for sale, displaying, selling, distance selling and any other form of transfer in return for payment or free of charge in the course of trade, including distribution in cooperatives or other associations of persons to their members.
Manufacturer is any natural or legal person established in the European Community who is responsible for placing on the market as a producer, importer, a packager acting on his own account or any other person who changes the characteristics of a product in terms of labeling, packaging, composition or in any other way.
All fertilizer products require an approval according to § 9 Fertilizer Act 2021 in Austria, which neither have a fertilizer legal approval in another EU state, correspond to a type of the Fertilizer Ordinance 2004 or may still be brought as an EU fertilizer product according to Regulation (EU) 2019/1009.
(Other than EU) fertilizer products that are lawfully placed on the market in another Member State are deemed to be marketable on the Union market (and thus also in Austria) in accordance with Regulation (EU) 2019/515 on the mutual recognition of goods. A further active, present notification to the authority is not required.
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