New law reduces fines for formal non-compliance in fertilizers and biostimulants

Law No. 21,851 reduced the fines for formal or administrative non-compliance in the marketing of fertilizers and biostimulants to a range of 10 to 100 monthly tax units (UTM), and established graduation criteria for their application. The regulation, from the Ministry of Agriculture, was published in the Official Gazette No. 44,598 on Friday, November 13, 2026, in its Section I of General Norms (official reference: CVE 2902373).

The law consists of a single article that modifies Article 16 of Law No. 21,349, which establishes norms on the composition, labeling, and marketing of fertilizers and biostimulants, in effect since September 27, 2022. The text was promulgated in Santiago on October 30, 2026, by the President of the Republic, José Antonio Kast Rist, and countersigned by the Minister of Agriculture, Jaime Campos Quiroga, and the Minister of Finance, Jorge Quiroz Castro.

The project originated from a parliamentary motion led by former deputies Harry Jürgensen Rundshagen and Jorge Rathgeb Schifferli, and also signed by:

• former deputy Carolina Marzán Pinto;
• deputies Emilia Nuyado Ancapichún, Gloria Naveillán Arriagada, and Flor Weisse Novoa;
• deputy Benjamín Moreno Bascur.

Fines of 10 to 100 UTM for formal offenses

The new letter b) of Article 16 penalizes non-compliance of a formal or administrative nature that does not affect the identity, composition, quality, safety, or traceability of the products, nor can it mislead users regarding those circumstances, with a fine of 10 to 100 UTM.

The provision specifies that this category includes, among others, errors in presentation, format, units of measurement, or the expression of information required by the regulations. The application of the fine must consider the severity of the infraction and the graduation criteria established in the law itself and its regulations.

Substantive infractions: from 100 to 1,000 UTM

The law incorporates a new letter c), shifting the current one to letter d) without amendments, which penalizes non-compliance that affects the identity, composition, quality, safety, or traceability of fertilizers or biostimulants, that may mislead users, that prevent their correct identification, or that seriously hinder the inspection tasks of the Agricultural and Livestock Service (SAG), the body responsible for ensuring compliance with Law No. 21,349, with a fine of 100 to 1,000 UTM.

This category expressly includes the adulteration of the product’s composition, the falsification or alteration of information regarding its origin, identity, or traceability, and any other conduct that compromises the protection of users or the proper exercise of the Service’s inspection powers.

Criteria for determining the amount

The final paragraph of Article 16 was completely replaced. The fine shall be for the benefit of the treasury and its amount shall be determined considering:

• the quantity or value of the products involved in the infringement;
• the severity of the damages caused;
• the measures adopted to reduce the damages;
• the economic benefit obtained by the infringer;
• their economic capacity;
• the sanctions previously applied by the SAG under the same circumstances.

The regulatory framework of Law No. 21,349 is completed by the regulation approved by Decree No. 61 of 2023 of the Ministry of Agriculture, whose entry into force was extended by one year through Decree No. 69, dated October 13, 2026, and by Exempt Resolution No. 6,725 of 2022 of the SAG, which establishes the requirements to be met by manufacturers, producers, formulators, packers, importers, marketers, and distributors of these inputs.

The reduction of fines applies to farmers, importers, manufacturers, and distributors of agricultural inputs, who now face limited sanctions for labeling or formatting errors, while a severe scale—up to 1,000 UTM—is maintained for the adulteration of products and the falsification of information regarding origin or traceability.

Source: Official Gazette of the Republic of Chile, No. 44,598, Friday, November 13, 2026, Section I, General Norms, pp. 1-2 (official reference: CVE 2902373).