A dairy farmer who incurred a 5% penalty after his organic nitrogen level exceeded the 250kg/ha allowance had the penalty overturned following a successful appeal to the Agricultural Appeals Office.

The farmer incurred the penalty after failing to comply where participants in the Basic Payment Scheme (BPS) are obliged to ensure that the total amount of organic nitrogen (N) from livestock does not exceed an amount containing 170kg N/ha per year, or 250kg N/ha per year in the case where an application for a nitrate derogation has been approved.