All products that do not comply with the type regulations provided for in the Fertiliser Ordinance 2004 as amended or Regulation (EC) No. 2003/2003 of the European Parliament and of the Council of 13 October 2003 relating to fertilisers (from 16.7.2022: Regulation (EU) 2019/1009) or that contain raw materials not provided for must be approved in accordance with § 9 Fertiliser Act 2021.
The Federal Office for Food Safety is responsible for the approval of fertilisers, soil additives, growing media and plant growth improvers (hereinafter referred to as products) in Austria. If a product corresponds to a type described in the Fertiliser Ordinance 2004, then no registration is required.
But if a product does not correspond to a type described in the Fertiliser Ordinance 2004 due to its composition, content of ingredients or starting materials, it is possible to obtain approval by means of an administrative decision pursuant to § 9 Fertiliser Act 2021.
As of 1 October 2021, the application for approval by administrative decision has to be submitted exclusively by means of an online application to the Federal Office for Food Safety.
Note: According to § 9 section 5 Fertiliser Act 2021, the approval of fertiliser 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 authorisation shall expire upon the expiry of the fixed period, however, after ten years at the latest. With the entry into force of the Fertiliser Act 2021 on 1.10.2021, approvals can only be granted for a limited period of time.
Fertilisers, soil additives, growing media and plant growth improvers that have been approved for an unlimited period of time in accordance with § 9a Fertiliser Act 1994 may be marketed until 1 January 2025 with the labelling and composition corresponding to the approval. These products will also not be listed in the fertiliser register pursuant to § 10 Fertiliser Act 2021.
Should changes be applied for in connection with such fertiliser products, which require a (re-)assessment of the fertiliser product, this will be treated as equivalent to a new approval according to the Fertiliser Act 2021. This means that the approval can be limited to a maximum of 10 years or the product will be included in the fertiliser register according to § 10 Fertiliser Act 2021 (1.1.2022) after (re-)approval has been granted.
Frequently Asked Questions (FAQ) Fertiliser
Fertilisers, soil additives, growing media and plant growth improvers are products according to Austrian fertiliser legislation. These products must correspond to a type of the Austrian Fertiliser Ordinance 2004 as amended. EC fertilisers must comply with a type of the EC Regulation 2003/2003.
Anyone who intends to commercially place fertilisers, soil additives, growing media or plant growth improvers on the market must notify the competent authority (Federal Office for Food Safety) before commencing the activity. The notification is made via the BAES eServices portal.
"Placing on the market" means making available on the Union market, importation from third countries, transport, holding for sale, display, sale, distance selling and any other form of transfer, whether in return for payment or free of charge, in the course of trade, including supply in cooperatives or other associations of persons to their members.
The term "manufacturer" refers to a natural or legal person established in the European Community who is responsible for placing on the market as a producer, importer, packager acting on his own account or any other person who alters the characteristics of a product as regards labelling, packaging, composition or otherwise; however, the distributor/distributor who does not alter the characteristics of the fertiliser is not considered to be a manufacturer.
All products that do not have a fertiliser approval in an EU country and do not correspond to any type of the Fertiliser Ordinance 2004 BGBl. No. 100/2004 as amended, or may not be placed on the market as "EC fertiliser" according to VO(EC) 2003/2003 as amended. For further information, please see the authorisation and the corresponding forms.
Products that have been lawfully placed on the market for the first time in an EU state can be placed on the market in Austria (and in all other EU states). A declaration (labelling) in German valid in the country of origin is required for placing on the market in Austria. At the request of the competent Austrian authority, the Federal Office for Food Safety, a confirmation of conformity of the country of origin with reference to the labelling must be submitted.
As a service, AGES GmbH, Institute for Sustainable Plant Production, Department of Soil Health and Plant Nutrition offers a labelling check for a fee.
The fees for official activities of the Federal Office for Food Safety according to § 18 of the Fertiliser Act 2021 can be found in the current fertiliser fee tariff. In case of infringements of the Fertiliser Act, the control fee tariff shall apply.
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