Legal and regulatory framework relevant to mfscs in Morocco

Editorial note: Regulatory requirements can change. Confirm the current official texts and ONSSA instructions before filing or making a compliance decision.

Overview

Until now, the Moroccan legal framework applicable to fertilizers and growing media (MFSC) was based on an outdated text: the Vizirial Order of November 4, 1942. This was the only text dedicated specifically to this sector. In 2021, Law No. 53-18 was promulgated and published in the Official Bulletin in January 2022. The law established a marketing authorization regime for fertilizers, their adjuvants, and growing media, meeting a genuine need. Economic operators in the sector have until January 2027 (five years from the law's publication date) to comply with its provisions. Until all implementing texts are published, a transitional regime managed by ONSSA remains applicable.

Law No. 53-18 on fertilizers and growing media

References and adoption

• Promulgation of Dahir: Dahir No. 1-21-68, 3 Hija 1442 (July 14, 2021).
• Publication: Official Bulletin No. 7054, 3 Joumada II 1443 (January 6, 2022).
• It was adopted by both chambers of Parliament in July 2021.
• The law is divided into nine chapters. It contains 66 articles.

Scope of application

According to Article 1 of Law No. 53-18, this law establishes regulations for the placement of fertilizers, adjuvants, and growing media on the market, as well as their use, control, and the control of related activities. The law applies to these materials and to natural and legal persons who carry out activities in connection with or use such fertilizers, adjuvants, and growing media (Article 3).

Key legal definition (article 1)

Established authorization regime

The Law No. 53-18 establishes the regulations for placing fertilizers, their adjuvants, and growing media on the market, as well as their use and control in Morocco. The import, sale, distribution, or use of these products is strictly subject to the issuance of a marketing authorization. The competent authority issues this authorization following a consultative opinion from the National Commission for Fertilizers to any natural or legal person who previously held an approval for manufacturing or importation (Articles 6 and 7). The authority evaluates the dossier by verifying the product's full composition, efficacy under normal use conditions, and safety for human, animal, and environmental health. The authority may simplify the evaluation process if the product has already been authorized in a country whose requirements are equivalent to Morocco's. Authorization is granted for a maximum period of ten years and may be renewed for an identical duration, provided that the product continues to meet the required safety and efficacy criteria. However, exceptions to the marketing authorization requirement are provided for products that comply with mandatory standards, products intended exclusively for export, and raw organic materials transferred between agricultural holdings without chemical treatment. Finally, mixed products exhibiting both fertilizing and plant protection effects must satisfy the requirements of Law No. 53-18 and plant protection product legislation (Law No. 34-18) to be authorized.

National Commission for Fertilizers

Pursuant to Article 4 of Law No. 53-18, the National Commission for Fertilizers has been established. The Commission is responsible for providing consultative opinions on marketing authorization applications, as well as on their renewal, modification, or withdrawal. The Commission is also responsible for evaluating legislative and regulatory texts related to the sector and addressing any scientific or technical questions referred to it. The Commission comprises representatives from the administration, the National Office for Food Safety (ONSSA), the National Institute for Agricultural Research (INRA), and scientific research institutions (Article 5).

Sanctions regime

The law establishes a system of penal sanctions, particularly in cases of placing products on the market without a marketing authorization (AMM), providing false or misleading information, failing to keep the registers required by Articles 31 and 41, or failing to comply with the rules regarding claims set forth in the law. If a repeat offense occurs within twelve months of a first final conviction, the penalties are doubled. If multiple offenses occur, the penalties apply to each offense (Article 65).

Law No. 34-18 on plant protection products and the concept of mixed product

General presentation of the law No. 34-18

Law No. 34-18 on plant protection products is the second regulatory pillar for chemical agricultural inputs in Morocco, joining Law No. 53-18. It governs the placing on the market, registration, manufacturing, importation, distribution, and control of plant protection products, all of which are under the responsibility of ONSSA. While the primary focus of this legislation does not directly align with MFSC, it is crucial to recognize that this law serves to define a "mixed product" within the legal framework.

Articulation with the law No. 53-18: the mixed product regime

• Definition: A mixed product is defined by both sets of legislation as any product that exhibits both fertilizing effects (as defined in Law No. 53-18) and plant protection effects (as defined in Law No. 34-18).
• Cumulative Regime: The placement of a mixed product on the market is strictly dependent on the cumulative compliance with the requirements of both laws (53-18 and 34-18).
• Regulation of Claims: Law No. 53-18 prohibits claims of plant protection properties for MFSC, except for duly authorized mixed products (Article 47). Likewise, Law No. 34-18 prohibits attributing fertilizing properties to a plant protection product, except for mixed products (Article 55).
• ONSSA Procedure: Current procedure codes describe the steps for PPPs (CP 01/DCPV/10) and MFSCs (CP 08/DCPV/15) separately. However, they stipulate that any "PPP" claim on an imported fertilizer is considered a nonconformity if the product is not authorized as such. The operator must ensure compliance with both ONSSA technical references.

The vizirial order of 4 november 1942

The Vizirial Order of November 4, 1942 (25 Chaoual 1361), which regulates the trade of fertilizers and soil amendments, is a reference text that served as the basis for Law No. 53-18. ONSSA still applies it today to ensure fair transactions and prevent fraud. This regulation is an essential tool for ensuring total product transparency. It requires sellers to provide detailed information on the name, origin (natural or industrial), and exact content of fertilizing principles or useful ingredients. This information must be presented clearly and legibly on commercial documents, invoices, and labels. Regarding mineral fertilizers, contents must be expressed exclusively in terms of the weight of elemental nitrogen (Az), phosphoric acid (P₂O₅), and potash (K₂O). When evaluating soil amendments, the weight of useful elements must be expressed as anhydrous lime (CaO), anhydrous magnesia (MgO), and humus. Until all implementing texts for Law No. 53-18 are published, this framework remains applicable to technical standards for product presentation. The objective is to avoid any confusion or deception regarding their nature or composition.

Current transitional regime managed by ONSSA

In the absence of specific regulations for registering fertilizers, materials, and growing media, applications for exemption from registration of some fertilizers and growing media, accompanied by the product's technical data sheet, may be submitted to the National Office of Food Safety (ONSSA). The products in question are as follows:

Products intended for plant nutrition;

Products intended for soil amendment;

Enriched peat.

After reviewing the dossier, ONSSA will issue a certificate stating that the product is not subject to Morocco's current agricultural plant protection product legislation in force.

Law No. 13-83 relating to the prevention of fraud in the sale of goods

Law No. 13-83, as promulgated by Dahir No. 1-83-108 on October 5, 1984, establishes the general framework for commercial fairness and the prevention of fraud in the sale of goods. The law penalizes any deception or adulteration regarding the nature, composition, or qualities of products, including fertilizer and growing media (MFSC). The competent authorities are authorized to access professional sites, take official samples, and impound suspicious goods pending the results of analysis and subsequent legal action.

Order of 12 december 1942 relating to the sampling of fertilizers and soil amendments by officers for the prevention of fraudulent practices and their analysis

The Order of 12 December 1942 supplements the Vizirial Order of 4 November 1942 on the fertilizer and soil amendment trade by establishing its technical component. It defines procedures for taking official samples and analysis protocols for laboratories responsible for preventing fraudulent practices. This framework allows authorized officers to verify that the declared contents of fertilizing elements (Az, P₂O₅, and K₂O) comply with the mandatory statements on contracts, invoices, and packaging. Pending the publication of implementing texts for Law No. 53-18, this Order remains a pillar of the legal basis used by ONSSA to govern the analytical control of agricultural inputs.

Fiscal and customs component

Law No. 50-25 of 2026 established a total VAT exemption for fertilizers that comply with Law No. 53-18 (Articles 92-I-3 and 123-13 of the General Tax Code), as supplemented by Decree No. 2-25-1041, which amends the VAT implementing decree (Article 16 quinquies).

Summary table of identified texts

This table summarizes the entire legislative and regulatory framework applicable to the MFSC sector.