AGENCY:

Office of the Secretary, USDA.

ACTION:

Unified 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 comment 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 this edition of the USDA regulatory agenda, the most important regulatory actions are summarized in a Statement of Regulatory Priorities that is included in the Regulatory Plan, which appears in both the online regulatory agenda and in part II of the Federal Register that includes the abbreviated regulatory agenda.

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.

( printed page 52963)

169. OLIVE OIL PROMOTION, RESEARCH, AND INFORMATION ORDER

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: michelle.sharrow@usda.gov

RIN: 0581-AE33

170. • INCLUSIVE COMPETITION AND MARKET INTEGRITY UNDER THE PACKERS AND STOCKYARDS ACT—RESCISSION (AMS-FTPP-25-0014)

Legal Authority: 7 U.S.C. 181 to 229c

Relevant Executive Orders: 14337; 14192; 14219

Abstract: The proposed rule would request comment on the removal of the regulations published on March 6, 2024, 89 FR 16092, in the final rule titled, Inclusive Competition and Market Integrity Under the Packers and Stockyards Act. The rule added a new subpart O, Competition and Market Integrity, to 9 CFR part 201 of the Agency's regulations to prohibit undue prejudice and unjust discrimination and certain retaliatory and deceptive practices under the Packers and Stockyards Act.

Timetable:

Regulatory Flexibility Analysis Required: Yes

Agency Contact: William Richmond, Office of the Administrator, Chief of Staff, Department of Agriculture, Agricultural Marketing Service, 1400 Independence Avenue SW, Washington, DC 20250

Phone: 202 260-8019

Email: william.richmond@usda.gov

RIN: 0581-AE49

171. • TRANSPARENCY IN POULTRY GROWER CONTRACTING AND TOURNAMENTS—RESCISSION (AMS-FTPP-25-0015)

Legal Authority: 7 U.S.C. 181 to 229c

Relevant Executive Orders: 14337; 14192; 14219

Abstract: The proposed rule would request comment on the removal of the regulations published on November 28, 2023, 88 FR 83210, in the final rule titled, Transparency in Poultry Grower Contracting and Tournaments. The final rule amended the Agency's regulations under the Packers and Stockyards Act to add disclosures and information that live poultry dealers engaged in the production of broilers must furnish to poultry growers with whom dealers make poultry growing arrangements. The rule also established additional disclosure requirements for live poultry dealers engaged in the production of broilers who use poultry ranking systems to determine settlement payments for broiler growers.

Timetable:

( printed page 52964)

Regulatory Flexibility Analysis Required: Yes

Agency Contact: William Richmond, Office of the Administrator, Chief of Staff, Department of Agriculture, Agricultural Marketing Service, 1400 Independence Avenue SW, Washington, DC 20250

Phone: 202 260-8019

Email: william.richmond@usda.gov

RIN: 0581-AE50

172. • POULTRY GROWER PAYMENT SYSTEMS AND CAPITAL IMPROVEMENT SYSTEMS—RESCISSION (AMS-FTPP-22-0046)

Legal Authority: 7 U.S.C. 181 et seq. 192

Relevant Executive Orders: 14337; 14192; 14219

Abstract: This proposed rule would withdraw the final rule published Jan. 16, 2025, 90 FR 5146, with an effective date of July 1, 2026. This action amended regulations to address certain problematic practices related to poultry grower payment systems and capital improvement programs such as: payment disparities and reductions that are unconnected to commoditized flock performance, and transparency concerns related to additional capital investments in poultry production facilities and equipment. The rule is being withdrawn through the notice and comment process.

Timetable:

Regulatory Flexibility Analysis Required: Yes

Agency Contact: William Richmond, Office of the Administrator, Chief of Staff, Department of Agriculture, Agricultural Marketing Service, 1400 Independence Avenue SW, Washington, DC 20250

Phone: 202 260-8019

Email: william.richmond@usda.gov

RIN: 0581-AE51

173. • NATIONAL BIOENGINEERED FOOD DISCLOSURE STANDARD—COURT REMAND

Legal Authority: 7 U.S.C. 1621 et. seq.

Abstract: Based on the Ninth Circuit Court of Appeals (Natural Grocers et al. v. Rollins) October 31, 2025, decision, the USDA Agricultural Marketing Service (AMS) proposes to address deficiencies from its December 21, 2018, final rule (83 FR 65814). On July 29, 2016, Public Law 114-216 amended the Agricultural Marketing Act of 1946 (7 U.S.C. 1621 et seq.) to require USDA to establish a national, mandatory standard for disclosing any food that is or may be bioengineered (BE).

Timetable:

Regulatory Flexibility Analysis Required: Yes

Agency Contact: William Richmond, Office of the Administrator, Chief of Staff, Department of Agriculture, Agricultural Marketing Service, 1400 Independence Avenue SW, Washington, DC 20250

Phone: 202 260-8019

Email: william.richmond@usda.gov

RIN: 0581-AE52

174. RESCINDING NATIONAL ORGANIC PROGRAM; MARKET DEVELOPMENT FOR MUSHROOMS AND PET FOOD (AMS-NOP-22-0063)

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: Erin Healy

Phone: 202 617-4942

Email: erin.healy@usda.gov

RIN: 0581-AE13

175. AGRICULTURAL FOREIGN INVESTMENT DISCLOSURE ACT: REVISIONS TO REPORTING REQUIREMENTS

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

Abstract: USDA is requesting public input via an ANPR on how foreign entities report agricultural land holdings in the United States through the Agricultural Foreign Investment Disclosure Act (AFIDA). As part of implementing the National Farm Security Action Plan, USDA will consider comments for how it strengthens and protects American farmland, using this ANPR as a critical vehicle. The ANPR will be followed by a proposed rule and final rule. The AFIDA rule was last updated in 2006. Numerous aspects of 7 CFR part 781 are being addressed to propose much needed updates to an old regulation.

Timetable:

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Caitlin Jandegian, National Security Division Policy Analyst, Office of Homeland Security, Department of Agriculture, Office of Homeland Security

Phone: 227 284-1858

Email: caitlin.jandegian@usda.gov

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

Phone: 202 401-0062

Email: sherrie.grimm@usda.gov

RIN: 0560-AI70

BILLING CODE 3410-05-P

176. • HORSE PROTECTION ACT REVISIONS

Legal Authority: 15 U.S.C. 1823 et seq ( printed page 52965)

Relevant Executive Orders: 13563; 13771; 14148; 14267

Abstract: USDA's Animal and Plant Health Inspection Service (APHIS) is proposing to revise the regulations implementing the Horse Protection Act regulations to ensure that they reflect the best reading of the statute and meets other affirmative legal obligations upon the Agency. Contemplated changes include requiring inspection by APHIS veterinarians prior to a finding of soring; establishment of a pre-show appeals process for findings of soring; and clarification that disqualifications are class-specific rather than for the duration of an event.

Timetable:

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Christine Jones, Acting Chief of Staff, Animal Care, Department of Agriculture, Animal and Plant Health Inspection Service, 2150 Centre Ave. Bldg. B, Mailstop 3W11, Ft. Collins, CO 80526

Phone: 970 494-7578

RIN: 0579-AE93

BILLING CODE 3410-34-P

177. STRENGTHENING INTEGRITY AND REDUCING RETAILER FRAUD IN THE SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP)

Regulatory Plan: This entry is Seq. No. 3 in part II of this issue of the Federal Register .

RIN: 0584-AE71

178. 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

Regulatory Plan: This entry is Seq. No. 12 in part II of this issue of the Federal Register .

RIN: 0584-AE85

179. UPDATED STAPLE FOOD STOCKING STANDARDS FOR RETAILERS IN THE SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM

Regulatory Plan: This entry is Seq. No. 13 in part II of this issue of the Federal Register .

RIN: 0584-AF12

BILLING CODE 3410-30-P

180. • REVISING ESTABLISHMENT SIZE DEFINITIONS

Legal Authority: 21 U.S.C. 601 et seq.;21 U.S.C. 451 et seq.;21 U.S.C. 1031 et seq.

Abstract: USDA's Food Safety and Inspection Service (FSIS) is considering revising how it defines establishment sizes. Since 1996, FSIS has used Hazard Analysis and Critical Control Point (HACCP) size categories, which are based on employee count and annual sales, to analyze the impact of regulations and tailor assistance to small entities. More recently, FSIS has also applied volume-based thresholds to categorize establishments to analyze the impact of regulations and for sample assignments. This advance notice of proposed rulemaking (ANPR) requests stakeholder input on whether FSIS should update its establishment size definitions and, if so, how.

Timetable:

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Melissa Hammar, Director, Regulations Development Staff, Department of Agriculture, Food Safety and Inspection Service, 1400 Independence Avenue SW, Washington, DC 20250

Phone: 202 286-2255

Email: melissa.hammar@usda.gov

RIN: 0583-AE09