All products that do not comply with the types specified in the Austrian Fertiliser Ordinance 2004 or Regulation (EC) No. 2003/2003 (as amended), or contain starting material not provided for therein, respectively, must be approved in accordance with Section 9a of the Austrian Fertiliser Act (DMG) 1994.
In Austria, the Federal Office for Food Safety is responsible for the authorisation of fertilisers, soil improvers, growing media and plant additives (hereinafter referred to as "product"). No registration is required if the product complies with a type described in the Fertiliser Ordinance 2004.
Should a product, however, not correspond to a type described in the Fertiliser Ordinance 2004 due to its composition, content of ingredients or starting material, the possibility of an authorisation granted by official notice exists pursuant to Section 9a of the Austrian Fertiliser Act (DMG) 1994.
The application form lists all items necessary for the assessment by way of official authorisation notice through the Federal Office. Anyone wishing to place a product on the Austrian market for the first time is to report this to the Federal Office via notification in accordance with Section 16 of the Austrian Fertiliser Ordinance (as amended).
Frequently Asked Questions (FAQ) Fertilizer
Fertilizers, soil additives, growing media and plant additives are products under Austrian fertilizer law. These products must correspond to one type of the Austrian Fertilizer Ordinance 2004 as amended. EC fertilizers must correspond to a type of the EC regulation 2003/2003. here you find the legal bases.
Anyone who intends to place fertilisers, soil additives, growing media or plant additives on the market for commercial purposes must notify the competent authority (= Federal Office for Food Safety) of this before commencing work. The form Antrag Düngemittelgesetz (Fertilizer Act Application Form) must be used for the notification.
Placing on the market means importing, transporting, holding for sale, displaying for sale, selling and any other transfer in the course of trade. The levy in cooperatives or other associations of persons for their members is equivalent to the placing on the market.
The term 'producer' 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 changes the characteristics of a product in terms of labelling, packaging, composition or otherwise; on the other hand, the distributor/distributor who does not change the characteristics of the fertiliser is not considered a producer.
All products that do not have any fertilizer approval in an EU state and do not correspond to any type of the Fertilizer Ordinance 2004 BGBl. No. 100/2004 as amended, or may not be placed on the market as "EC fertilizer" in accordance with VO(EG) 2003/2003 as amended. For further information see admission 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). For the placing on the market in Austria a declaration (marking) in German language valid in the country of origin is necessary. 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 marking must be submitted.
AGES GmbH, Institut für Nachhaltige Pflanzenproduktion, Abteilung Bodengesundheit und Pflanzenernährung (Institute for Sustainable Plant Production, Department of Soil Health and Plant Nutrition) offers a labelling check for a fee as a service. Here you will find the corresponding tariff information of the AGES.
The fees can be found at: http://www.baes.gv.at/amtliche-nachrichten/gebuehrentarife/duengemittelgesetz/ . The fees for official activities of the Federal Office for Food Safety according to § 18 of the Fertilizer Act 1994 can be found in the current fertilizer fee tariff. In the event of infringements of the Fertilizer Act, the tariff for control fees shall apply.
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