Biostimulants legislation
Regulatory support for biostimulants
In 2022 there has been a change in the Austrian fertiliser legislation. Some changes had also an implication for biostimulants and growing media. For instance, in advertisement on fertiliser products only such technical statements (in particular regarding ingredients, chemical reaction, use, handling or storage) may be only be used if they are proven to be correct.
For growth substrates, some phys-chem parameters were amended.
In Annex I, Part III (list of types) Z12 (soil improvers) point 1. (raw materials), the word 'stone flour' (Steinmehl) is replaced by "rock flour" (Gesteinsmehl)
In Annex I, Part III (list of types), Z13 (biostimulants - Pflanzenhilfsmittel), point 2 (raw materials), the word sequence "extracts thereof" (Extrakte daraus), is replaced by "Extracts with water or with supercritical CO2" (Extrakte mit Wasser oder mit überkritischem CO2)
In annex I, Part III (list of types), Z13 (biostimulants - Pflanzenhilfsmittel), point 2 (raw materials), the last sentence is replaced by the sentence "Biostimulants (Pflanzenhilfsmittel) also include products that are authorised as plant strengtheners according to § 45 Abs. 3 Plant Protection Act (PflSchG by the Federal Office for Consumer Protection and Food Safety of the Federal Republic of Germany).
In annex II, part II ( thresholds) Z4 ("Extraneous substances and dietary fibre"), in the first row of the table, the word "glass" is preceded by the word sequence "sum from" and the word sequence "metals and plastics" is replaced by the word sequence "metal and plastic". In the second row of the table, the word "plastics" is replaced by the word "plastic". The table is extended by the following lines:
Metal > 2 mm: 0,2 mass %
glas > 2 mm: 0,2 mass%
Fertilisers, that contain elemental sulfur, the safety indication: " Must not be added to slurry" (Darf nicht in Gülle eingerührt werden) or a similar indication is to be provided.
Getting the "organic farming" certification
When assessing agricultural input products, EASY-CERT services Input Assessment works closely with the input team from the Research Institute for Organic Farming (FiBL) in Switzerland, FiBL Germany and FiBL Europe. This cooperation pursues the goal of a uniform assessment of resources for organic farming in Europe and a cross-border joint appearance.
The products are generally evaluated on the basis of Regulation (EU) No. 2018/848 on organic production and labelling of organic products in the currently valid version. If necessary, additional evaluation criteria are developed based on many years of experience and scientific expertise in the respective subject area. The criteria for different areas are published on the homepage of the European Input List.
sciBASICS has no commercial link with EASY-CERT and there might be other certifying organisms that you might use. The present information is presented to provide you with an idea on how this works and to propose a quick solution, in case you wish to have your biostimulant product certified for the organic farming market.
Agreement and Assignment for evaluating and publishing your product - complete this form and send it to this address.
A PoA is also attached for your use.
The costs for the certification listed in this document.
if you wish to contact Easy-Cert and source of the information above:
EASY-CERT services GmbH Betriebsmittelbewertung
Königsbrunner Straße 8 2202 Enzersfeld, Austria
Tel. +43 (0)2262/672214
www.betriebsmittelbewertung.at
Firmenbuchgericht: Korneuburg FN 451320g
Need help?
Austria has now its register of authorised fertilisers (Düngemittelregister). It can be consulted here :https://www.baes.gv.at/zulassung/duengemittel/duengemittelregister
Austria has been accepting only Mutual Recognitions for fertilisers/biostimulants since some time because of a permanent work overload. Also, they are currently in the process of updating their procedures.
- As of 16 July 2022 a maximum allowable concentration of 60 mg Cadimum/ kg Phosphate (P2O5) for organo-mineral and inorganic fertilisers
- Fertilisers will no longer be authorised forever, but their authorisation will be limited to 10 years. Fertilisers with unlimited authorisation may still be put on the market until 1. January 2025. These products will also not be listed in the fertiliser register. Changes as regard to these fertilisers that would require a (new) evaluation these would be equivalent to a new authorisation.
(end of update of 06 12 2022)
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The legislative situation in Austria is quite straightforward. Biostimulants are regulated by the Austrian fertiliser legislation. Back in 1994, the Austrian Fertiliser Regulation (Düngemittelgesetz 1994, version of 8 May 2020) defines "fertilisers as substances that contain nutrients which are intended to - directly or indirectly - be added to plants to foster their growth, to improve their quality or their yield."
"Pflanzenhilfsstoffe" (biostimulants), are "substances without significant content in nutrients and which are applied to have an impact on the plant, to increase the plant's resistance and to influence the processing of organic substances."
Biostimulants can be placed on the market either with or without authorisation prior to marketing. Interestingly, plant strengtheners ("Pflanzenstärkungsmittel") sold on the German market can be placed on the market as biostimulants in Austria without authorisation. This is indeed interesting because these plant strengtheners are regulated under the German plant protection legislation, while biostimulants are typically regulated under the national fertiliser legislation!
In case a product is not eligible to be placed on the market without prior authorisation, an authorisation has to be requested and the fact that the authorisation has been requested (and obtained) must be marked on the label.
In any case a company intending to sell biostimulants on the Austrian market has to register before placing a product on the market. Any change must be notified using a specific change request form.
Austria has been granted a derogation from Regulation (EC) 2003/2003, allowing it to prohibit the placing on the market of fertilisers exceeding the limits of cadmium in relation to their phosphorus content.
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