The recent publication of Decree No. 12.858 of 2026 represents a significant step in the modernization of the regulatory framework governing the fertilizer sector in Brazil. To understand the true scope of this measure, it is necessary to contextualize the regulatory evolution that led to its enactment, as well as its practical effects on the industry, the public sector, and the entire agribusiness production chain.
Historically, fertilizer regulation in the country has been based on Law No. 6.894 of 1980. This is important legislation for the consolidation of the sector, but over the decades it has required adjustments in light of the technological, productive, and institutional transformations experienced by Brazilian agriculture. In 2004, Decree No. 4.954 was published with the aim of regulating this law, establishing more detailed parameters on registration, inspection, and quality control of products.
This scenario began to change more profoundly with the enactment of Law No. 14.515 of 2022, known as the Self-Control Law. Unlike previous regulations, which focused on specific segments, this legislation introduced a new model of oversight applicable to various sectors supervised by the Ministry of Agriculture and Livestock. In total, 18 segments began to share the same conceptual basis related to quality management, traceability, and the responsibility of economic agents.
The adoption of this new paradigm brought significant gains in terms of regulatory modernization and institutional alignment. However, it also generated a transition period marked by legal uncertainty, since the existing regulatory system for fertilizers—structured based on previous rules—began to present incompatibilities with the new logic of oversight and control.
In this context, Decree No. 12.858 emerges as an essential instrument for regulatory harmonization. It is a complementary measure to adjustments already initiated by previous decrees, such as No. 12.522, which dealt primarily with procedural aspects. The new regulation advances by updating provisions related to infractions, sanctions, and penalties, as well as adapting concepts and terminology to the model established by the Self-Control Law.
From a practical standpoint, this does not represent a break with the requirements already known to the sector. The fertilizer industry has historically operated under rigorous quality standards, with structured systems for process control and monitoring. Thus, the main contribution of the new decree lies in consolidating a more coherent and predictable regulatory environment, capable of providing greater legal certainty to companies and strengthening the State's supervisory role.
Another relevant aspect is that the standard establishes clearer bases for the effective implementation of self-control, a concept that presupposes greater protagonism from companies in ensuring the conformity of their products and processes. This model, already adopted in other areas, tends to stimulate gains in efficiency, transparency, and competitiveness, while maintaining the strategic role of public oversight.
It is important to highlight, however, that the publication of the decree does not conclude the regulatory improvement process. Many provisions depend on further details through ordinances and normative instructions from the Ministry of Agriculture itself. The stage that begins now involves in-depth technical analysis and institutional dialogue between the government and the productive sector, with the aim of ensuring that the application of the new rules occurs harmoniously and consistently.
The expectation is that any adjustments will be conducted gradually and in a structured manner, preserving the good practices already established in the sector. After all, even before the Self-Regulation Law, the fertilizer sector already had high levels of requirements regarding product quality and regulatory compliance, which facilitates adaptation to the new model.
From a broader perspective, the regulatory adjustments promoted by Decree No. 12.858 should be interpreted as part of a long-term evolutionary process. Since the publication of the Self-Regulation Law in 2022, the sector has been awaiting regulatory instruments capable of translating its principles into clear operational rules. The measure now adopted therefore represents a long-awaited institutional advance, contributing to the modernization of the regulatory environment and strengthening trust between industry, government, and society.
By providing greater legal certainty and alignment between different legal instruments, the new decree creates more favorable conditions for the sustainable development of the fertilizer sector. In a context of increasing demand for agricultural productivity, technological innovation, and environmental responsibility, the solidity of the regulatory framework becomes a strategic element to guarantee competitiveness and stability to production chains.
The challenge going forward is to continue this process of improvement, focusing on the development of complementary regulations that ensure operational clarity and effective oversight. This is an agenda that requires technical cooperation, a systemic vision, and institutional commitment—essential foundations for consolidating a modern, secure regulatory environment aligned with the needs of contemporary Brazilian agriculture.
*Per Irani Gomide Filho, Regulatory Affairs Coordinator at Abisolo
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