Manufacture of fertilisers

Manufacture of fertilisers is field no. 18 of the single unqualified (free) trade (Manufacture, trade and services not listed in Annexes 1 to 3 to the Trade Licensing Act) and covers the manufacture of mineral, organic and organo-mineral fertilisers, soil conditioners, auxiliary plant preparations and substrates. It requires no professional qualification; it is enough to meet the general conditions under Section 6 of Act No. 455/1991 Coll.

Conditions for operating

Full legal capacity (Section 6(1)(a) of Act No. 455/1991 Coll., the Trade Licensing Act).
A clean criminal record (Section 6(1)(b) and (2) of the Trade Licensing Act) - proven by an extract from the Criminal Records Register, which the Trade Licensing Office obtains itself.
Professional qualification is NOT documented - this is an unqualified (free) trade under Section 25 and Annex 4 to the Trade Licensing Act; for an unqualified trade no professional or other qualification is required.
For a legal entity, the general conditions under Section 6 must be met by the natural person who is its statutory body or a member thereof; in the cases under Section 11(1) and (2) a responsible representative is appointed.
Note: the manufacture itself is an unqualified trade, but placing fertilisers into circulation (on the market) is regulated by a special legal regulation outside the Trade Licensing Act - Act No. 156/1998 Coll., on Fertilisers - and usually requires registration or notification with the UKZUZ.

Examples of activities

Manufacture of mineral (inorganic) fertilisers
Manufacture of organic fertilisers (e.g. from compost, farmyard manure)
Manufacture of organo-mineral fertilisers
Manufacture of soil conditioners and auxiliary plant preparations
Manufacture of growing substrates
Mixing and packaging of fertiliser blends
Manufacture of liquid foliar fertilisers
Granulation and treatment of fertilisers for retail sale

What the trade is and what it is for

The trade Manufacture of fertilisers is field of activity no. 18 within the single unqualified (free) trade, officially called Manufacture, trade and services not listed in Annexes 1 to 3 to the Trade Licensing Act. It entitles you to manufacture products intended for plant nutrition and the improvement of soil properties.

The content description of the field is defined by Government Regulation No. 278/2008 Coll. This trade covers the manufacture of mineral (inorganic), organic and organo-mineral fertilisers, as well as soil conditioners, auxiliary plant preparations and growing substrates. By contrast, the content of the field does not include the manufacture of dangerous chemical substances and chemical mixtures. It is an activity suited to manufacturers of horticultural substrates, composting plants and operators of fertiliser plants.

What falls under this trade (and what does not)

The trade covers in particular:

manufacture of mineral, organic and organo-mineral fertilisers,
manufacture of soil conditioners and auxiliary plant preparations,
manufacture of growing substrates,
mixing, granulation and packaging of fertiliser blends.

What does not belong here (the boundary with other trades and regulations):

Placing a fertiliser into circulation (on the market) in the Czech Republic is itself dealt with by a special regulation - Act No. 156/1998 Coll., on Fertilisers. A fertiliser must usually be registered or notified with the UKZUZ (Central Institute for Supervising and Testing in Agriculture). The trade licence does not replace this registration.
Manufacture of dangerous chemical substances and mixtures is the content of field no. 17 Manufacture of chemical substances, fibres and preparations and cosmetic products, not of the Manufacture of fertilisers field.
Manufacture of plant protection products (pesticides) is regulated by special regulations (Regulation (EC) No. 1107/2009 and Act No. 326/2004 Coll., on Plant Health Care) and does not belong to this field.
Wholesale and retail of finished fertilisers falls under field no. 48 Wholesale and retail (or field no. 47 Intermediation of trade and services), i.e. under commercial activity, not under manufacture.

When handling chemical substances, the obligations under chemical legislation (the REACH and CLP Regulations) always apply; these stand outside the Trade Licensing Act.

Conditions for obtaining it under the law

Because this is an unqualified (free) trade, professional qualification is not documented (Section 25 and Annex 4 to Act No. 455/1991 Coll.). You do not have to prove any education or experience.

It is enough to meet the general conditions under Section 6 of the Trade Licensing Act:

full legal capacity (Section 6(1)(a)); for a minor it may be replaced by a court's approval of the legal representative's consent to business,
a clean criminal record (Section 6(1)(b) and (2)); the office verifies a clean criminal record itself from the Criminal Records Register.

For a legal entity the general conditions must be met by the statutory body or a member thereof. Under Section 11 a responsible representative may (and in the cases where the law requires it must) be appointed - a natural person who is responsible for the proper operation of the trade and is in a contractual relationship with the entrepreneur. One person may be a responsible representative for no more than 4 entrepreneurs.

How to notify or obtain the trade step by step

Fill in the Unified Registration Form (JRF). With a single form you also submit a registration for tax, social and health insurance.
Choose the fields of activity. You notify the unqualified trade and tick field no. 18 Manufacture of fertilisers in the JRF. You may notify several fields at once for one administrative fee.
Submit the notification under Section 45 at any municipal Trade Licensing Office, electronically via the rzp.gov.cz portal, or at Czech POINT.
Provide the documents and pay the fee.
Wait for the entry. The Trade Licensing Office makes the entry in the Trade Register within 5 working days of the day of delivery of the notification (Section 47(1)).

For a notifiable trade the trade licence comes into existence already on the day of notification (Section 10(1)(a)), provided you meet the statutory conditions. A detailed procedure can be found in the guide How to start a trade.

Documents and fees

Proof of identity (identity card or passport).
Proof of the legal grounds for using the registered office, if it differs from the permanent place of residence.
Documents of professional qualification are NOT enclosed (unqualified trade).
Administrative fee for notifying a trade: CZK 1,000 (item 24 of the schedule of fees to Act No. 634/2004 Coll., on Administrative Fees), and only CZK 800 when filing electronically via rzp.gov.cz.
Extension by a further field of the unqualified trade (if you already hold the unqualified trade): CZK 0 (this is a notification of change, not a notification of a new trade).
Time limit for entry: within 5 working days.

Frequently asked questions

Do I need a chemical education to manufacture fertilisers?

No. Manufacture of fertilisers is an unqualified trade, so you do not document any education or experience. It is enough to meet the general conditions under Section 6 (legal capacity and a clean criminal record).

Is the trade licence enough for me to be able to sell a fertiliser?

Not entirely. The trade entitles you to manufacture, but placing a fertiliser into circulation (on the market) is regulated by Act No. 156/1998 Coll., on Fertilisers. You usually have to register or notify the fertiliser with the UKZUZ. Verify the specific obligations with the UKZUZ and at the Trade Licensing Office.

Can I notify several fields of activity at once?

Yes. The unqualified trade is a single one and has 80 fields of activity. You may notify several of them at once and you will pay only one administrative fee of CZK 1,000 (CZK 800 electronically).

When can I start trading?

For a notifiable trade the licence comes into existence on the day of notification (Section 10(1)(a)), provided you meet the conditions. The office makes the entry in the register within 5 working days.

How much does a later extension by a further field cost?

If you already hold the unqualified trade, an extension by any further field of activity is free (CZK 0).