Wednesday, 19 August 2020 09:16

Court rules on RPR test case

Written by  Adam Fricker

Both sides claimed a victory of sorts in a recent High Court case that tested the criteria for labelling phosphate rock as reactive phosphate rock (RPR) in the New Zealand market.

The case was between fertiliser companies Ballance Agri-Nutrients and Quin Environmentals. The former claimed the latter had breached the Fair Trading Act by marketing its Algerian RPR as an RPR product when it hadn’t met the necessary Citsol Test standard required in the Fertmark Code.

While the court clearly ruled that Quin had in fact breached the act and that it could not market its Algerian RPR without a clear qualifying disclaimer about it not meeting the Citsol Test, it did allow Quin to continue to market the product as an RPR (subject to the qualifier), because it otherwise has the physical properties of an RPR. Quin sees this part of the ruling as a “win for science”.

The court also noted in passing that the Citsol Test used as the Fertmark Code criteria for defining what an RPR is in the NZ context is somewhat “arbitrary” and that the Fertiliser Quality Council appears to be moving towards an alternative test – the Watkinson Dissolution Test – which the Algerian phosphate rock scores well in.

However, the court noted it could only rule on the central issue at hand, which was whether or not Quin had failed to meet the Fertmark Code as it stands and therefore breached the Fair Trading Act. 

It ruled that the code is currently the industry-accepted standard and that Quin had breached the act with some of its advertising. Ballance sees this as a win for certification standards, saying it brought proceedings in a bid to “maintain the integrity of the Fertmark Code”.

So what is the Citsol Test and why did the court accept, at least in passing, that it may not be the most relevant measure of a RPR? In brief, the test measures the amount of phosphate that can be extracted from a solution of 2% citric acid mixed with a fixed quantity of phosphate rock (not ground up). To meet the Fertmark product classification as RPR, the rock must be shown to contain 30% P by the 30 minute Citsol Test.

While Quin’s Algerian ‘V2’ RPR product – with reduced dolomite to ensure it meets the Citsol standard – passed this test, its other Algerian phosphate rock produced results below 30% P – 27.28% and 28% in tests done by Marsden Agri; 25.20% and 26.19% in tests done by Ballance.

The judge’s comments about the Citsol Test came partly in response to the counterclaim brought by Quin, which claimed Ballance’s Hi P RPR is not a natural RPR product because it is a blend of Sechura RPR and ‘PB3’, which is derived from a phosphate rock but is not an RPR. 

Even though the Hi P RPR product is a blend, the judge accepted it was still a phosphate rock and that it passes the Citsol Test, and therefore dismissed the counterclaim, making this observation: “The Hi P RPR example does however show the rather arbitrary nature of the reliance on the Citsol Test for determining what is RPR in New Zealand.”

More like this

A significant fertiliser breakthrough?

Former ACT MP and Federated Farmers president Owen Jennings believes he's come across a new fertilising method in Australia that yields "outstanding results".

Fert use tumbles as prices spike

Fertiliser use in New Zealand over the 18 months is about 25% down from what it consistently was for the previous decade or more, says Ravensdown chief operating officer Mike Whitty.

What's next for fertiliser?

After extreme market volatility and record-high prices in recent years, global fertiliser prices are expected to settle in 2024, despite uncertainty posed by the Israel-Hamas conflict as it currently stands.

Self-spreading fert to help keep costs down

With spring fertiliser season underway, more dairy farmers are anticipated to turn to self-spreading to help keep costs down, according to Precision Farming head of sales, Aaron Wilson.

Featured

Sheep drench resistance costly

Analysis by Dunedin-based Techion New Zealand shows the cost of undetected drench resistance in sheep has exploded to an estimated $98 million a year.

Dairy sheep and goat turmoil

Dairy sheep and goat farmers are being told to reduce milk supply as processors face a slump in global demand for their products.

Hurry up and slow down!

OPINION: We have good friends from way back who had lived in one of our major cities for many years.

National

Govt urged to reduce ETS units

The Climate Change Commission wants the new Government to reduce NZ Emissions Trading Scheme (ETS) auction volumes as son as…

Dairy sheep, goat woes mount

Dairy sheep and goat farmers are being told to reduce milk supply as processors face a slump in global demand…

Machinery & Products

All-terrain fert spreading mode

Effluent specialists the Samson Group have developed a new double unloading system to help optimise uphill and downhill organic fertiliser…

Can-Am showcases range

Based on industry data collected by the Motor Industry Association, Can-Am is the number one side-by-side manufacturer in New Zealand.

» Latest Print Issues Online

Milking It

Papal visit

OPINION: European farmers are going to extreme lengths to have their message heard.

Thai egg tarts

OPINION: The hustle and bustle of one of Bangkok's most popular fast food outlets may feel a world away from…

» Connect with Dairy News

» eNewsletter

Subscribe to our weekly newsletter