Part 4: Matters Relating to Farming and the Countryside Section 33: Fertilisers
Subsection (2) amends the definition of a fertiliser under section 66 of the Agriculture Act 1970 to enable a broader range of materials to be regulated as a fertiliser in the UK.
	Subsection (3) amends section 74A of the Agriculture Act 1970 to enable the regulation of fertilisers on the basis of their function. This will allow different requirements to be set, for example, for biostimulants, soil improvers and traditional mineral fertilisers to ensure the safety and quality of the various types of products marketed as a fertiliser in the UK.
	Subsection (4) allows for regulations to set out an assessment, monitoring and enforcement regime for ensuring the compliance of fertilisers with composition, content and function requirements and for mitigating other risks to human, animal or plant health or the environment presented by fertilisers.
	New subsection (1A) inserted into section 74A of the Agriculture Act 1970 will enable the Secretary of State, Welsh Ministers, Scottish Ministers and a Northern Ireland department to put in place the infrastructure for conformity assessment procedures to be carried out on fertilisers and to confer market surveillance functions on a public authority. It will also enable requirements to be placed on manufacturers and others involved in the supply of fertilisers to keep and, where required, provide information relating to fertilisers to the market surveillance authority for traceability purposes and to assist the authority in its role.
	New subsection (1B) inserted into section 74A of the Agriculture Act 1970 sets out the matters relating to the conformity assessment process for fertilisers which may be provided for in regulations made by the Secretary of State, Welsh Ministers, Scottish Ministers and a Northern Ireland department. These matters relate to creating and mobilising the structures and processes required for an effective and workable assessment system, recognition of a person or organisations to undertake assessments, the creation of an appeals system, charging regime or framework, and recognition and registration processes.
	New subsection (1C) inserted into section 74A of the Agriculture Act 1970 sets out enforcement powers which may be conferred on a public authority with market surveillance functions, including powers to undertake further assessment of fertilisers, to prohibit the sale of certain fertilisers, to impose fines on those who breach regulations, and conferring powers to enter and inspect, take samples or seize and destroy materials if necessary.
	New subsection (1D) inserted into section 74A of the Agriculture Act 1970 provides that fertiliser regulations must not impose or confer a power or duty requiring or authorising the disclosure or use of information that would contravene data protection legislation.
	New subsection (1E) inserted into section 74A of the Agriculture Act 1970 provides a power to make regulations that amend or repeal Regulation (EC) No. 2003/2003 relating to fertilisers and other retained direct EU legislation relating to fertilisers.
	Subsection (5) amends section 84 of the Agriculture Act 1970. It provides that the first regulations made by the Secretary of State, Welsh Ministers, Scottish Ministers and a Northern Ireland department under section 74A (1A) to (1E) of the Agriculture Act 1970 are subject to the affirmative procedure. Subsequent regulations made by the Secretary of State, Welsh Ministers, Scottish Ministers and a Northern Ireland department under section 74A (1A)(b) (conferring on a public authority functions relating to market surveillance and regulation) and (1D)(a)(i) and (ii) (amending and repealing retained EU law relating to fertilisers) are also subject to the affirmative procedure.
	Subsection (6) amends section 86 of the Agriculture Act 1970 to amend the modifications for Northern Ireland in section 84 of that Act to take account of the new subsection (2D) in subsection 33(5).