Semiannual Regulatory Agenda, Spring 2025

DEPARTMENT OF AGRICULTURE

Office of the Secretary

2 CFR Subtitle B, Ch. IV

5 CFR Ch. LXXIII

7 CFR Subtitle A; Subtitle B, Chs. I-XI, XIV-XVIII, XX, XXV-XXXVIII, XLII

9 CFR Chs. I-III

36 CFR Ch. II

48 CFR Ch. 4

AGENCY:

Office of the Secretary, USDA.

ACTION:

Semiannual Regulatory Agenda.

SUMMARY:

This agenda provides summary descriptions of significant and not significant regulations being developed in agencies of the U.S. Department of Agriculture (USDA) in conformance with Executive Orders (E.O.) 12866, "Regulatory Planning and Review," 13563, "Improving Regulation and Regulatory Review," 14192, "Unleashing Prosperity Through Deregulation," and 14219, "Ensuring Lawful Governance and Implementing the President's "Department of Government Efficiency" Deregulatory Initiative." The agenda also describes regulations affecting small entities as required by section 602 of the Regulatory Flexibility Act, Public Law 96-354. This agenda also identifies regulatory actions that are being reviewed in compliance with section 610(c) of the Regulatory Flexibility Act. We invite public comments on those actions as well as any regulation consistent with Executive Order 13563.

USDA has attempted to list all regulations and regulatory reviews pending at the time of publication except for minor and routine or repetitive actions, but some may have been inadvertently missed. There is no legal significance to the omission of an item from this listing. Also, the dates shown for the steps of each action are estimated and are not commitments to act on or by the date shown.

USDA's complete regulatory agenda is available online at www.reginfo.gov. Because publication in the Federal Register is mandated for the regulatory flexibility agendas required by the Regulatory Flexibility Act (5 U.S.C. 602), USDA's printed agenda entries include only:

(1) Rules that are likely to have a significant economic impact on a substantial number of small entities; and

(2) Rules identified for periodic review under section 610 of the Regulatory Flexibility Act.

FOR FURTHER INFORMATION CONTACT:

For further information on any specific entry shown in this agenda, please contact the person listed for that action. For general comments or inquiries about the agenda, please contact Mr. Michael Poe, Office of the General Counsel, U.S. Department of Agriculture, Washington, DC 20250, (202) 769-8247.

1. RESCINDING NATIONAL ORGANIC PROGRAM; MARKET DEVELOPMENT FOR MUSHROOMS AND PET FOOD (AMS-NOP-22-0063) [0581-AE13]

Legal Authority: 7 U.S.C. 6501

Abstract: This action would rescind the rule and regulations issued on December 23, 2024, titled, "National Organic Program; Market Development for Mushrooms and Pet Food." Amendments made to the USDA organic regulations were intended to clarify production and handling requirements for a) organic pet food standards and b) organic mushrooms.

Timetable:

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Jennifer Tucker, Deputy Administrator, USDA National Organic Program, Department of Agriculture, Agricultural Marketing Service, 1400 Independence Avenue SW, Washington, DC 20250

Phone: 202 260-8077

Email: [email protected]

RIN: 0581-AE13

2. NATIONAL LIST OF ALLOWED AND PROHIBITED SUBSTANCES: RECOMMENDATIONS FROM THE NOSB FALL 2021, FALL 2022 AND FALL 2024 MEETINGS (CROPS AND LIVESTOCK) (AMS-NOP-22-0029) [0581-AE25]

Legal Authority: 7 U.S.C. 6501 to 6524

Abstract: The National List identifies the synthetic substances that may be used in organic crop and livestock production as well as the nonsynthetic (natural) substances that may not be used. It also identifies the nonorganic substances that may be used in or on processed organic products. Amendments to the National List included in this proposed rule are based on recommendations from the National Organic Standards Board (NOSB).

Timetable:

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Jennifer Tucker, Deputy Administrator, USDA National Organic Program, Department of Agriculture, Agricultural Marketing Service, 1400 Independence Avenue SW, Washington, DC 20250

Phone: 202 260-8077

Email: [email protected]

RIN: 0581-AE25

3. OLIVE OIL PROMOTION, RESEARCH, AND INFORMATION ORDER [0581-AE33]

Legal Authority: 7 U.S.C. 7411 to 7425

Abstract: The proposed Olive Oil Promotion, Research, and Information Order (Order) would establish an effective and coordinated program of research, promotion, and information for the olive oil industry. Currently, no organization in the olive oil industry has the resources or funds to develop and disseminate the information and marketing promotions needed to increase awareness and to counter inaccurate or misleading information about olive oil among U.S. consumers, health and culinary professionals, and the media. Under the proposed Order, domestic first handlers and importers who handle or import over 5,000 gallons annually of olive oil would pay $0.08 per gallon. It is estimated the program would collect more than $8 million annually in assessments to carry out the program administered by the Cooperative for Olive Oil Promotion.

Timetable:

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Michelle P. Sharrow, Director, Market Development Division, Specialty Crops Program, Department of Agriculture, Agricultural Marketing Service, 1400 Independence Avenue SW, Suite 1400, Stop 0237, Washington, DC 20250-0237

Phone: 202 720-8085

Email: [email protected]

RIN: 0581-AE33

4. INERT INGREDIENTS IN PESTICIDES FOR ORGANIC PRODUCTION (AMS-NOP-21-0008) [0581-AE02]

Legal Authority: 7 U.S.C. 6501 to 6524

Abstract: Based on comments received from the September 2022 Advance Notice of Proposed Rulemaking and recommendations from the National Organic Standards Board (NOSB) in Fall 2024, this action would propose to replace outdated references in USDA's organic regulations to U.S. Environmental Protection Agency (EPA) policy on inert ingredients in pesticides. Inerts, also identified as "other ingredients" on pesticide labels, are any substances other than the active ingredient that are intentionally added to pesticide products. References to outdated EPA policy appear in the USDA organic regulations in the National List of Allowed and Prohibited Substances (National List) and identify the inert ingredients allowed in pesticides for organic production. This action has been moved to Long-term Actions because it is not an Administration priority.

Timetable:

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Jennifer Tucker

Phone: 202 260-8077

Email: [email protected]

RIN: 0581-AE02

5. NATIONAL LIST OF ALLOWED AND PROHIBITED SUBSTANCES: RECOMMENDATIONS FROM THE NOSB 2021 AND 2022 MEETINGS (CROPS-NITROGEN FERTILIZERS) (AMS-NOP-21-0096) [0581-AE16]

Legal Authority: 7 U.S.C. 6501 to 6524

Abstract: The National List identifies the synthetic substances that may be used in organic crop and livestock production as well as the nonsynthetic (natural) substances that may not be used. It also identifies the nonorganic substances that may be used in or on processed organic products. Amendments to the National List included in this proposed rule are based on recommendations from the National Organic Standards Board (NOSB). The proposed rule seeks comment on the status of the following substances used in organic crop production: sodium nitrate, ammonia, and nitrogen fertilizers that have carbon-to-nitrogen ratio lower than three-to-one (3:1).

Timetable:

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Erin Healy

Phone: 202 617-4942

Email: [email protected]

RIN: 0581-AE16

6. NATURAL GRASS SOD PROMOTION, RESEARCH, AND INFORMATION ORDER (AMS-LP-21-0028) [0581-AE07]

Legal Authority: 7 U.S.C. 7411 to 7425

Abstract: This action is being terminated because the Order failed in referendum.

Completed:

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Maribel Reyna

Phone: 202 302-1139

Email: [email protected]

RIN: 0581-AE07

7. FEES FOR OFFICIAL INSPECTION AND WEIGHING SERVICES UNDER THE UNITED STATES GRAIN STANDARDS ACT (AMS-FGIS-24-0010) [0581-AE28]

Legal Authority: 7 U.S.C. 71 to 87k

Abstract: This action revised FY2024 fees for grain inspection and weighing services provided by the Agricultural Marketing Service's (AMS) Federal Grain Inspection Service (FGIS). This action also implemented a revised formula to adjust inspection and weighing fees, annually, which will limit large swings in fees and ensure a sufficient reserve balance going forward. The new formula is similar to the standardized formula used in other user-fee AMS grading programs. The formula specified rates be based on the actual cost and workload data of the previous fiscal year(s) or accounting period(s) used by the program. Based on the analysis and using the formula, FGIS determined the fees necessary to sustain program services. This increases predictability and provides information for planning purposes for the grain industry.

Completed:

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Jennifer Porter

Phone: 202 690-1300

Email: [email protected]

RIN: 0581-AE28

8. FORMULA FOR ADJUSTING FEES ASSOCIATED WITH OFFICIAL INSPECTION AND WEIGHING SERVICES UNDER THE UNITED STATES GRAIN STANDARDS ACT (AMS-FGIS-24-0027) [0581-AE31]

Legal Authority: 7 U.S.C. 71 to 87k

Abstract: This action established a standardized formula to annually adjust fees for grain inspection and weighing services provided by the Agricultural Marketing Service's (AMS) Federal Grain Inspection Service (FGIS). The use of a formula will limit large swings in fees and ensure a sufficient reserve balance going forward. The new formula is similar to the standardized formula used in other user-fee AMS grading programs. The formula specifies that rates be based on the actual cost and workload data of the previous fiscal year(s) or accounting period(s) used by the program. Based on the analysis and using the formula, FGIS will determine the fees necessary to sustain program services. This will increase predictability and provide information for planning purposes for the grain industry.

Completed:

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Jennifer Porter

Phone: 202 690-1300

Email: [email protected]

RIN: 0581-AE31

9. • SECTION 8E IMPORT INSPECTION FEE STRUCTURE (AMS-SC-23-0009) [0581-AE32]

Legal Authority: 7 U.S.C. 1621 to 1627

Abstract: The Agricultural Marketing Service (AMS) revised the regulations governing the inspection and certification for fresh fruits, vegetables, and other products by amending certain fees charged for Section 8e import inspections from a per-carlot basis to a per-pound basis, reducing the fee for each additional sublot by 50 percent, and establishing a new fee calculation for lots less than a carlot. These revisions were necessary to recover, as nearly as practicable, the costs of performing inspection services on imported commodities in accordance with the Agricultural Marketing Agreement Act of 1937.

Timetable:

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Heather Pichelman, Associate Deputy Administrator, Department of Agriculture, Agricultural Marketing Service, 1400 Independence Avenue, Washington, DC 20250

Phone: 202 720-9915

RIN: 0581-AE32

10. • AGRICULTURAL FOREIGN INVESTMENT DISCLOSURE ACT [0560-AI70]

Legal Authority: 7 U.S.C. 3501-3508

Abstract: The Farm Service Agency (FSA) is proposing updates to the regulation for the Agricultural Foreign Investment Disclosure Act (AFIDA). FSA is addressing numerous aspects of 7 CFR part 781 to propose much needed updates to an old regulation.

Timetable:

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Sherrie Grimm, Acting Branch Chief, Regulatory Analysis and PRA Requirements Branch, Department of Agriculture, Farm Production and Conservation Business Center, 1400 Independence Avenue SW, Washington, DC 20250

Phone: 202 205-5851

Email: [email protected]

RIN: 0560-AI70

11. REVISE CONDITIONS FOR PAYMENT OF INDEMNITY AND COMPENSATION FOR HPAI [0579-AE79]

Legal Authority: 7 U.S.C. 8301, et seq.

Abstract: The Animal and Plant Health Inspection Service (APHIS) amended the regulations pertaining to conditions for payment of indemnity for highly pathogenic avian influenza (HPAI) to require commercial poultry premises to successfully pass a biosecurity audit for HPAI-infected premises intending to restock and for buffer zone (uninfected) premises that wish to request that poultry be moved onto the premises.

Timetable:

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Leonardo Sevilla, DVM, Veterinary Medical Officer, Poultry Health Team, Strategy & Policy, VS, Department of Agriculture, Animal and Plant Health Inspection Service, 920 Main Campus Drive, Raleigh, NC 27606

Phone: 984 766-1528

Email: [email protected]

RIN: 0579-AE79

12. AGRICULTURAL BIOTERRORISM PROTECTION ACT OF 2002; BIENNIAL REVIEW AND REPUBLICATION OF THE SELECT AGENT AND TOXIN LIST [0579-AE52]

Legal Authority: 7 U.S.C. 8401

Abstract: In accordance with the Agricultural Bioterrorism Protection Act of 2002, we are amending and republishing the list of select agents and toxins that have the potential to pose a severe threat to animal or plant health, or to animal or plant products. The Act requires the biennial review and republication of the list of select agents and toxins and the revision of the list as necessary. This action implements findings of the biennial review of the lists.

Completed:

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Jack Taniewski

Phone: 301 851-3352

RIN: 0579-AE52

13. STRENGTHENING INTEGRITY AND REDUCING RETAILER FRAUD IN THE SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP) [0584-AE71]

Legal Authority: Pub. L. 113-79; Pub. L. 115-334

Abstract: This proposed rule would implement statutory provisions of the Food, Conservation, and Energy Act of 2008 (the 2008 Farm Bill), the Agriculture Improvement Act of 2018 (the 2018 Farm Bill), and other language intended to deter retailer fraud, abuse, and non-compliance in the Supplemental Nutrition Assistance Program (SNAP). Stakeholders are SNAP retailers and communities in which SNAP retailers provide SNAP participants access to food, other Programs that require SNAP authorization or where reciprocal actions impact participation, and SNAP participants.

Timetable:

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Lynn Gilbert, Department of Agriculture, Food and Nutrition Service, 1320 Braddock Place, Alexandria, VA 22314

Phone: 703 305-1615

Email: [email protected]

Richard Lucas, Department of Agriculture, Food and Nutrition Service, 1320 Braddock Place, Room 555, Alexandria, VA 22314

Phone: 703 457-6797

Email: [email protected]

RIN: 0584-AE71

14. • UPDATED STAPLE FOOD STOCKING STANDARDS FOR RETAILERS IN THE SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM [0584-AF12]

Legal Authority: Pub. L. 113-79; 7 U.S.C. 2011 to 2036

Abstract: The Agricultural Act of 2014 amended the Food and Nutrition Act of 2008 to increase the requirement that certain Supplemental Nutrition Assistance Program (SNAP) authorized retail food stores have available on a continuous basis at least three varieties of items in each of food staple food categories, to a mandatory minimum of seven varieties. This proposed rule would provide some retailers participating in SNAP as authorized food stores with more flexibility in meeting the enhanced SNAP eligibility requirements while also simplifying the criteria.

Timetable:

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Lynn Gilbert, Department of Agriculture, Food and Nutrition Service, 1320 Braddock Place, Alexandria, VA 22314

Phone: 703 305-1615

Email: [email protected]

Richard Lucas, Department of Agriculture, Food and Nutrition Service, 1320 Braddock Place, Room 555, Alexandria, VA 22314

Phone: 703 457-6797

Email: [email protected]

RIN: 0584-AF12

15. SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS AND CHILDREN (WIC): WIC ONLINE ORDERING AND TRANSACTIONS AND FOOD DELIVERY REVISIONS TO MEET THE NEEDS OF A MODERN, DATA-DRIVEN PROGRAM [0584-AE85]

Legal Authority: Pub. L. 111-296

Abstract: This "final rule with comment" addresses key regulatory barriers to online ordering in the WIC Program by making changes to the provisions that prevent online transactions and types of online capable stores from participating in the Program. This rule will also allow FNS to modernize WIC vendor regulations that do not reflect current technology and facilitate the Program's transition to Electronic Benefit Transfer (EBT). The final rule is responsive to prior proposed rule public comments from WIC state, public and private industry stakeholders to ensure that the final rule reflects their substantive feedback as online shopping and FNS' modernization efforts are made permanent.

Timetable:

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Lynn Gilbert, Department of Agriculture, Food and Nutrition Service, 1320 Braddock Place, Alexandria, VA 22314

Phone: 703 305-1615

Email: [email protected]

Richard Lucas, Department of Agriculture, Food and Nutrition Service, 1320 Braddock Place, Room 555, Alexandria, VA 22314

Phone: 703 457-6797

Email: [email protected]

RIN: 0584-AE85

16. TECHNICAL GUIDELINES FOR AGRICULTURE CROPS USED AS LOW-CARBON BIOFUEL FEEDSTOCKS [0503-AA82]

Legal Authority: 16 U.S.C. 3845 and 3846

Abstract: USDA previously issued an Interim Final Rule (IFR) before the start of this Administration to establish new regulations that will set requirements for the quantification, reporting, and verification of low-carbon, domestic agricultural biofuel feedstocks. The rule may create additional opportunities to produce low-carbon agricultural feedstocks sourcing biofuels, and may provide added-value market opportunities for farmers producing biofuel feedstock crops. The next steps for this action are currently undetermined.

Timetable:

Regulatory Flexibility Analysis Required: Yes

Agency Contact: William Hohenstein

Phone: 202 720-0450

RIN: 0503-AA82

[FR Doc. Filed 08-18-25; 0:00 a.m.]

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