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14 September 2026

Statute #15,496/2026 Establishes Fertilizer Industry Development Program (PROFERT)

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Brazil's new Statute #15,496/2026 establishes PROFERT, a comprehensive program designed to boost domestic fertilizer production and reduce the country's external dependence on agricultural inputs. The legislation introduces mandatory blending requirements for domestically produced fertilizers starting July 2027 and creates financing mechanisms through BNDES to support qualified producers of fertilizers, bioinputs, and biofertilizers.
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The program aims to foster the domestic production of fertilizers, their raw materials, remineralizers, bioinputs, and biofertilizers, and determines mandatory blending of domestically produced fertilizers beginning July 2027.

This Friday, September 4, Statute #15,496/2026 was published in the Federal Register, establishing PROFERT, a program that aims to foster the domestic production of fertilizers, their raw materials, remineralizers, bioinputs and biofertilizers, and determines mandatory blending of domestically produced fertilizers beginning July 2027.

PROFERT’s objective is to foster the production, within Brazilian territory, of fertilizers and their raw materials, of synthetic, mineral, and organic origin, as well as remineralizers, bioinputs, and biofertilizers, with the aim of reducing the country’s external dependence, ensuring food and nutritional security, lowering costs across the agricultural value chain, and safeguarding a stable supply of these inputs.

PROFERT beneficiaries are legal entities engaged in the production, within Brazilian territory, of fertilizers and their raw materials, excluding companies enrolled in the Simples Nacional tax regime and companies taxed for income tax purposes under specific regimes. The Statute still requires its own regulation, which will set out the procedures for qualification and co-qualification, well as the minimum requirements for joining the program, including support for local development and social inclusion initiatives, continuous and transparent dialogue with affected communities, measures to offset, mitigate, or neutralize greenhouse gas emissions in the production process, and the adoption of energy-efficiency technologies.

The Statute also provides for mandatory blending, by volume, of domestically produced synthetic and mineral fertilizers into fertilizers marketed, distributed, and sold in Brazil, at percentages to be defined by the National Council for Fertilizers and Plant Nutrition (CONFERT), with non-compliance subject to the penalties under Decree-Law #227/1967. The Statute also creates reimbursable financing lines, operated by the Brazilian Bank of Economic and Social Development (BNDES) or by financial institutions accredited by it, for investment projects of qualified companies.

The Statute took effect on the date of its publication, September 4, 2026, but participation in PROFERT and access to financing will only be possible once its implementing regulation is issued. Companies that produce or market fertilizers, bioinputs, or biofertilizers in Brazil should assess whether they may qualify as beneficiaries under the Statute and review the obligations already in effect, as well as monitor the regulatory process.

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.

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