Fertilizer Transparency Act of 2026
- Bill Number
- H.R. 8104
- Origin Chamber
- House
- Congress
- 119th Congress, Session 2
- Policy Area
- Agriculture and Food
- Status
- Introduced
- Latest Action
- 2026-03-26: Referred to the House Committee on Agriculture.
- Last Updated
- 2026-05-05T08:05:44Z
AI-Generated Summary
Purpose
The Fertilizer Transparency Act of 2026 (H.R. 8104) aims to increase transparency in the fertilizer market by requiring mandatory reporting of prices and quantities. It seeks to provide farmers and market participants with timely, reliable information to make better buying decisions and encourage competition among sellers.
Key Provisions
- Mandatory Weekly Reporting: Fertilizer manufacturers and wholesalers (excluding cooperatives) must report to the U.S. Department of Agriculture (USDA) at least weekly on:
- Prices and quantities of nitrogen, phosphorus, potassium (key fertilizer nutrients), and finished fertilizer products sold or distributed.
- Data separated by domestic vs. foreign sources or affiliates (affiliates are entities owning/controlling 5% or more of voting securities).
- Exemptions and Voluntary Reporting: Cooperatives (farmer-owned groups) and retailers (primarily selling to end-users) are exempt from mandatory reporting but can report voluntarily and confidentially.
- Public Release: USDA must publish aggregated data weekly on national, regional, or state levels via a user-friendly dashboard.
- Retail Price Surveys: USDA's Agricultural Marketing Service conducts weekly surveys of retail fertilizer prices, using commercial estimates and benchmarks for local pricing; this supplements existing USDA activities.
- Confidentiality Protections: Reported data is aggregated to hide individual business details; federal employees cannot disclose it except for official duties, enforcement, or court orders. It is exempt from Freedom of Information Act (FOIA) requests.
- Reviews and Updates: USDA reviews reporting requirements every two years and can add new data categories after public input if needed.
- Antitrust Safeguard: The law does not affect existing antitrust laws (rules preventing anti-competitive practices).
Significant Changes to Existing Law
- Adds a new section (SEC. 210B) to Subtitle A of the Agricultural Marketing Act of 1946, creating the first mandatory price reporting program specifically for fertilizers and fertilizer products.
- Introduces requirements not previously in place for this industry, similar to voluntary livestock reporting programs but with mandatory elements for manufacturers/wholesalers.
Potential Impacts
- Farmers and Citizens: Easier access to price data could help farmers negotiate better deals, reduce costs, and improve planning.
- Government Agencies: USDA gains new administrative duties (reporting collection, surveys, dashboard), potentially requiring resources for implementation and biennial reviews.
- Industry: Increased transparency may boost competition but add compliance costs for manufacturers/wholesalers.
- International Relations: Distinguishes U.S. vs. foreign fertilizer pricing, which could highlight import reliance but has no direct foreign policy effects.
Main Stakeholders Affected
- Farmers: Primary beneficiaries through better market information.
- Fertilizer Manufacturers and Wholesalers: Bear mandatory reporting burden (excluding cooperatives).
- Cooperatives and Retailers: Exempt from mandates but can participate voluntarily.
- USDA: Responsible for program administration, data publication, and surveys.
Notable Legal, Constitutional, or Political Implications
- Legal: Strong confidentiality rules protect proprietary business information, overriding FOIA to encourage reporting; explicit preservation of antitrust laws avoids challenges under competition statutes.
- Constitutional: No apparent issues, as it involves economic regulation under Congress's commerce power.
- Political: Bipartisan sponsorship (rural representatives) reflects agricultural interests; could influence fertilizer markets amid supply chain concerns but may face industry pushback on mandates.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Rep. Johnson, Dusty [R-SD-At Large]
Cosponsors (16)
Rep. Craig, Angie [D-MN-2], Rep. Finstad, Brad [R-MN-1], Rep. Davids, Sharice [D-KS-3], Rep. Miller-Meeks, Mariannette [R-IA-1], Rep. Budzinski, Nikki [D-IL-13], Rep. Hinson, Ashley [R-IA-2], Rep. Riley, Josh [D-NY-19], Rep. Feenstra, Randy [R-IA-4], Rep. Panetta, Jimmy [D-CA-19], Rep. Nunn, Zachary [R-IA-3], Rep. Sorensen, Eric [D-IL-17], Rep. Fischbach, Michelle [R-MN-7], Rep. Bacon, Don [R-NE-2], Rep. LaHood, Darin [R-IL-16], Rep. McClain Delaney, April [D-MD-6], Rep. Casten, Sean [D-IL-6]
Recent Actions
- 2026-03-26: Referred to the House Committee on Agriculture.
- 2026-03-26: Introduced in House
- 2026-03-26: Introduced in House
Bill Versions
- Fertilizer Transparency Act of 2026 — issued 2026-03-26 — PDF (11 pages)