By The Borneo Post onSabah
KOTA KINABALU (April 17): The Agricultural Fertiliser Bill 2025 was passed by the State Assembly today.
Deputy Chief Minister 1 Datuk Seri Panglima Dr Jeffrey Kitingan explained that the Bill sought to regulate the manufacturing, importation, exportation, and sale of fertilisers, supplementary fertilisers, and raw materials for fertiliser production, in order to ensure their safety and quality, as well as to address other related matters.
“This Bill marks a significant step in ensuring that the agricultural sector in Sabah continues to grow in a sustainable, efficient and competitive manner,” added Jeffrey, who is also Agriculture, Fisheries and Food Industry Minister.
Jeffrey
He reminded that the agricultural sector is not only a key contributor to the state’s economy but also a livelihood source for thousands of farmers across Sabah.
“Therefore, regulatory oversight of the production, distribution, and use of fertilisers is crucial to ensure high-quality crop yields, environmental protection, and to reinforce the continuity of food security in our state,” he said.
At the sitting, he inquired whether members of the August House were aware that there are unscrupulous parties profiting from the sale of counterfeit fertilisers.
“Honourable members of the House, have we ever asked why fertiliser remains a persistent issue for our farmers? Why are there still complaints about the presence of substandard fertilisers in the market? Will we continue to allow this to happen without firm action?” he asked.
“I am confident that all members of this esteemed House agree that the time has come for us to introduce a more stringent, systematic and effective regulatory mechanism through this Bill,” he said.
Jeffrey shared that according to data from the Sabah Agriculture Department, the state records the largest agricultural land area in Malaysia, covering 2,014,643.1 hectares (source: Department of Statistics Malaysia).
“Our heavy reliance on crops such as oil palm, rice, fruits, and other industrial crops makes the availability of high-quality and regulated fertilisers a critical factor in ensuring sustainable agricultural productivity,” he said.
He also elaborated that agricultural fertiliser refers to any substance used to provide essential nutrients to plants, with the aim of enhancing their growth, yield and quality.
“These fertilisers may contain one or more macronutrients like Nitrogen (N), Phosphorus (P) and Potassium (K), as well as micronutrients such as Zinc (Zn), Sulphur (S) and others necessary for plant health,” he shared.
He then broke down fertilisers into two main types: Chemical fertilisers which is industrially produced; and organic fertilisers that are made from natural sources such as plants, animals, minerals, or microorganisms.
He added that fertilisers are also available in different forms, such as solid granules or powders (e.g. urea) and liquids (e.g. foliar fertilisers).
Meanwhile, counterfeit fertiliser refers to products that are labelled as genuine fertilisers but do not meet the nutrient contents or formulations declared on the label or as registered, said Jeffrey.
“We cannot deny that farmers face a range of issues, including low-quality fertilisers and the proliferation of fake fertilisers on the market. These often contain significantly lower nutrient levels than genuine products due to the inclusion of inert materials such as sand or crushed stone,” he said.
Jeffrey reminded that ordinary farmers generally have no way to test or verify the fertilisers they purchase.
“For example, according to The Malaysian Insight, in an article dated 20 May 2022, counterfeit fertilisers continue to burden farmers, who have no way of confirming the authenticity of the product at the point of purchase,” he said.
At the same time, Jeffrey said that they also often hear complaints from farmers that the fertilisers they purchase do not yield the expected results.
“What is the root of this issue? Is it due to irresponsible fertiliser distributors, or is it the result of inadequate regulatory oversight because of a lack of legal authority?”
“According to Bernama, on 26 October 2018, the sale of counterfeit fertilisers using branded names had been widespread in Sabah for quite some time,” he informed.
Jeffrey said that one of the biggest challenges faced by farmers is the threat of fake fertilisers, which directly affect their crop output.
“For example, some NPK fertilisers alter in texture and contain foreign elements that are not needed for plant health. These often contain inert materials such as sand or crushed stone, diluting the actual nutrients, leading to poor soil quality over time.”
“Additionally, some fertilisers have an unusually strong ammonia smell, suggesting excessive chemicals or product degradation that compromises their effectiveness,” he said.
Jeffrey said that farmers who regularly use liquid foliar fertilisers must also be cautious, as this type of fertiliser is easier to counterfeit and distribute without proper controls.
“Therefore, this Bill aims to regulate the production, distribution and use of fertilisers in Sabah, ensuring that only fertilisers that meet quality, formulation, safety, and environmental standards are used. It also seeks to protect users from counterfeit products, which can lead to financial loss and reduced yields,” said Jeffrey.
At the same time, this law will also benefit the local fertiliser industry, providing opportunities for fertiliser manufacturers to grow in a better-regulated and systematic environment, he added.
“For example, a local fertiliser company previously struggling with unfair competition from counterfeit products will now be able to operate in a more transparent and fair market. With strict controls in place, these companies can build trust with farmers, driving up demand for high-quality, locally produced fertilisers. This will not only support manufacturers but also align with the government’s long-term goal of promoting sustainable agriculture in Sabah.”
And in the long run, farmers will benefit too, assured Jeffrey.
“They will have assurance that every fertiliser purchased is effective and safe, providing true value for money. A rice farmer in Sabah, who once had to rely on uncertified fertilisers, will now benefit from greater product transparency. They can be confident the fertiliser is genuine, effective, and of high quality,” he explained.
Similarly, a fruit grower who suffered losses from counterfeit fertilisers containing excess chemicals will now be protected, he said.
“Fertilisers must undergo regular quality checks, minimising the risk of crop damage and ensuring higher, safer yields.
“With the use of quality fertilisers, Sabah’s crop yields are expected to improve, strengthening the state’s Self-Sufficiency Ratio (SSR). This Bill also aims to ensure sustainable growth in the fertiliser industry, offering opportunities for local factories to grow in a more structured environment,” he assured.
Jeffrey said that the Sabah Agriculture Department will serve as the lead agency in enforcing this law.
The department’s key responsibilities shall include: (a) Registering and approving all types of fertilisers marketed in Sabah; (b) Conducting regular inspections of manufacturers and distributors to ensure compliance; and (c) Increasing surveillance within the agricultural sector to curb fertiliser-related misconduct.
Additionally, the department will also oversee strict registration and monitoring systems to ensure fertiliser safety and effectiveness, he said.
Aside from that, audits and routine inspections will be carried out, and all fertiliser products will undergo standardised testing to prevent harm to the environment and human health, he said.
Jeffrey said that under Section 5(1) of the Bill is provided “Except as provided under Section 9, no person shall manufacture, import, export, or sell any fertiliser, supplementary fertiliser or raw material for fertiliser production unless it is registered under this Enactment.”
And Section 5(2) states that anyone who violates subsection (1) may be fined up to RM50,000 or imprisoned for up to one year, or both. For repeat offences, the penalty increases to RM100,000 or up to two years’ imprisonment, or both.
“Once again, I emphasise that to ensure compliance with this law, strict action will be taken against any individual or company that violates fertiliser regulations. This includes maximum fines for unregistered fertiliser distribution, imprisonment for producing or selling counterfeit fertiliser, and revocation of licences for non-compliant companies,” he stated.
Jeffrey also mentioned that in order to enhance farmers’ skills in fertiliser application, the state government will introduce regular training programmes. These aim to: (a) Educate farmers on proper and eco-friendly fertiliser usage; (b) Promote sustainable agricultural practices through organic and biological fertilisers; and (c) Raise awareness on the importance of using high-quality fertilisers.
“You may recall that, as recently as 2023, pollution in the Segaliud River, Sandakan became a widely reported national issue. For example, on 9 November 2023, Utusan Borneo headlined: “Act Immediately to Resolve Water Pollution in Segaliud, Sandakan.”
“Such environmental issues are closely tied to the lack of fertiliser regulation. Without a robust monitoring and enforcement mechanism, chemical runoff from unregulated fertilisers can contribute significantly to the pollution of Sabah’s vital water sources,” he warned.
Hence, he said the Agricultural Fertiliser Bill 2025 not only seeks to ensure the quality and safety of fertilisers, but also to safeguard the environment, water sources and the wellbeing of Sabah’s people.
In his speech, Jeffrey also mentioned that many countries have already enacted stringent fertiliser laws to protect their agriculture sectors.
Among the countries are Indonesia which introduced the Organic Fertilisers and Soil Enhancers law in 2006, and Thailand, which passed the Fertiliser Act B.E. 2550 in 2007.
Globally, countries such as the USA, China, India, Russia, Brazil and the EU have five to 10 laws covering fertiliser import/export controls, quality standards, and environmental safety, he reminded.
Additionally, developing nations like Vietnam, Nigeria, Kenya and Argentina have about three to six fertiliser-related regulations, while smaller or less agriculture-dependent countries typically have one to three basic fertiliser control laws, he said.
He added that the financial projection for implementing this law in Sabah is estimated at RM50–RM80 million, which will fund monitoring systems, farmer training and fertiliser R&D.
“This is not merely an investment, but a necessity for the stability and longevity of Sabah’s agricultural sector,” he reminded.
He further stressed that Sabah’s agriculture cannot be allowed to continue suffering from unregulated fertiliser quality.
“Do we want to see our farmers struggle due to weak policies? Do we wish for our crop yields to deteriorate because of poor fertiliser standards?
“Therefore, I call on all honourable members of this esteemed House to fully support this motion for the wellbeing of Sabah’s agricultural sector. This effort will not only boost agricultural productivity but also positively impact the state’s economy, environment, and the overall welfare of its people,” he said.
The Bill was debated by Kapayan assemblywoman Jannie Lasimbang, Kemabong assemblyman Datuk Rubin Balang, Sulabayan assemblyman Datuk Jaujan Sambakong, Tanjung Aru assemblyman Datuk Junz Wong and Bugaya assemblyman Jamil Hamzah, who have expressed support for it.
