Changes Of Rules On Fertilizers And Agricultural Inputs In Brazil

Regulation adjusts risk-based inspection and self-control framework, amends establishment registration, registration deadlines, and the sanctioning regime in the sector regulated by MAPA

On February 24, 2026, Decree No. 12,858/2026 was published, amending the Annex to Decree No. 4,954/2004, which regulates Law No. 6,894/1980. The new regulation does not fully replace the previous framework but introduces relevant structural adjustments, particularly to align it with the risk-based inspection model and the Self-Control Law (Law No. 14,515/2022).

The changes directly impact individuals and legal entities engaged in activities involving products intended for plant nutrition, including, among others:

• mineral, organic, and organomineral fertilizers
• soil acidity and alkalinity correctives
• soil conditioners
• plant substrates
• remineralizers
• inoculants and bioinputs intended for agricultural use

From an operational standpoint, the decree affects the entire regulated chain. By amending rules related to establishment registration, transfer of registration ownership, self-control programs, inspection, and the sanctioning regime, the regulation produces effects not only in the regulatory sphere but also in corporate transactions, compliance structures, and risk management within companies operating in the sector.

Below, we highlight only the provisions that represent effective regulatory innovations and are likely to generate a direct impact on companies' operations.

1. Fixed-Term Validity of Establishment Registration

The decree establishes a 10-year validity period for establishment registrations.

Previously, the regulation did not provide for a uniform term, which in practice led to different interpretations regarding the need for periodic registration updates.

Practical impacts:

• greater regulatory predictability
• reduction of administrative costs associated with renewals
• lower risk of business interruption due to purely formal issues

2. Transfer of Registration Ownership Upon Change of Tax ID (CNPJ)

The new wording of Article 111 expressly allows the transfer of registration ownership through a change in the CNPJ within MAPA's system, provided that the required documentation is updated and the original facilities are maintained.

This is a significant change, as under the previous model corporate transactions such as asset sales, mergers, and corporate reorganizations often required a new registration process, potentially affecting operational continuity.

Practical impacts:

• simplification of M&A transactions and corporate reorganizations
• reduction of the risk of business interruption due to registration issues
• lower regulatory costs in asset transfer transactions

3. Creation of the Formal Temporary Suspension of Activities

The new text expressly provides for the possibility of formally suspending activities on a temporary basis without canceling the registration.

This provision did not clearly exist under the previous regulation and addresses a sensitive issue for companies that:

• need to halt production for strategic or economic reasons
• conduct scheduled shutdowns
• undergo operational restructuring

Practical impacts:

• greater legal certainty in managing production capacity
• preservation of registration during periods of inactivity
• reduction of costs and risks associated with resuming operations

4. Direct Penalty for Failure to Notify MAPA Within the Required Deadline

Changes to registration data must now be reported within an express 60-day deadline. Failure to comply may directly result in fines, cancellation of registration, listing, or accreditation.

Although the obligation to notify changes already existed, the express provision of penalties within the same legal text significantly increases the regulatory risk associated with registration management.

Practical impacts:

• need for integration among corporate, regulatory, and operational departments
• increased relevance of regulatory deadline governance
• higher risk in corporate transactions not monitored from a regulatory perspective

5. Creation of the Compliance Incentive Program

The decree establishes a formal mechanism allowing differentiated inspection treatment for companies with a strong compliance track record.

Possible effects include:

• correction of minor nonconformities without immediate enforcement action
• prioritization of advisory measures instead of punitive actions

This model did not exist under the previous regulation and is directly aligned with the concept of risk-based inspection.

Practical impacts:

• compliance history now produces concrete regulatory effects
• incentive to structure internal compliance programs
• potential reduction of exposure to sanctions for consistently compliant companies

6. Structured Criteria for Determining Penalties

The new decree expressly establishes criteria for determining the amount of fines, including:

• severity of the violation
• economic advantage obtained
• company size
• repeat offenses

Although penalties already existed, the lack of objective criteria previously resulted in lower predictability.

Practical impacts:

• greater legal certainty in assessing sanction-related risks
• possibility of significantly higher fines in serious violations
• need to review regulatory risk matrices

Entry into Force and Adaptation Period

The decree entered into force on the date of its publication (February 25, 2026).

Companies already registered prior to the new regulation will have up to two years to comply with the requirements related to the implementation of self-control programs.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.