2024-16448. Semiannual Regulatory Agenda, Spring 2024

Agricultural Marketing Service—Proposed Rule Stage

Sequence No.	Title	Regulation Identifier No.
1	Inert Ingredients in Pesticides for Organic Production (AMS-NOP-21-0008)	0581-AE02

Agricultural Marketing Service—Final Rule Stage

Sequence No.	Title	Regulation Identifier No.
2	Natural Grass Sod Promotion, Research, and Information Order (AMS-LP-21-0028)	0581-AE07
3	Organic Market Development for Mushrooms and Pet Food (AMS-NOP-22-0063)	0581-AE13

Agricultural Marketing Service—Long-Term Actions

Sequence No.	Title	Regulation Identifier No.
4	Organic Aquaculture Standards	0581-AD34
5	Organic Apiculture Production Standards	0581-AE12

Agricultural Marketing Service—Completed Actions

Sequence No.	Title	Regulation Identifier No.
6	Inclusive Competition and Market Integrity Under the Packers and Stockyards Act (AMS-FTPP-21-0045)	0581-AE05

Animal and Plant Health Inspection Service—Final Rule Stage

Sequence No.	Title	Regulation Identifier No.
7	Revise Conditions for Payment of Indemnity and Compensation for HPAI	0579-AE79

( print page 66773)

Animal and Plant Health Inspection Service—Long-Term Actions

Sequence No.	Title	Regulation Identifier No.
8	National List of Reportable Animal Diseases	0579-AE39

Animal and Plant Health Inspection Service—Completed Actions

Sequence No.	Title	Regulation Identifier No.
9	Microchipping, Verifiable Signatures, Government Official Endorsement, and Mandatory Forms for Importation of Live Dogs; Cage Standards for Domestic Dogs	0579-AE58
10	Animal Disease Traceability; Electronic Identification	0579-AE64
11	Revision to Horse Protection Act Regulations	0579-AE70
12	AQI User Fees	0579-AE71

Food and Nutrition Service—Final Rule Stage

Sequence No.	Title	Regulation Identifier No.
13	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

Food and Nutrition Service—Long-Term Actions

Sequence No.	Title	Regulation Identifier No.
14	National School Lunch and School Breakfast Programs: School Food Service Account Revenue Amendments Related to the Healthy, Hunger-Free Kids Act of 2010	0584-AE11
15	Technical Changes for Supplemental Nutrition Assistance Program (SNAP) Benefit Redemption Systems	0584-AE37
16	Providing Regulatory Flexibility for Retailers in the Supplemental Nutrition Assistance Program (SNAP)	0584-AE61
17	Strengthening Integrity and Reducing Retailer Fraud in the Supplemental Nutrition Assistance Program (SNAP)	0584-AE71

DEPARTMENT OF AGRICULTURE (USDA)

Agricultural Marketing Service (AMS)

Proposed Rule Stage

1. 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) expected 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.

Timetable:

Action	Date	FR Cite
ANPRM	09/02/22	87 FR 54173
ANPRM Comment Period Extended	10/11/22	87 FR 61268
ANPRM Comment Period End	11/01/22
ANPRM Comment Period Extended End	12/31/22
NPRM	04/00/25

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: [phone], Email: [e-mail].

RIN: 0581-AE02

DEPARTMENT OF AGRICULTURE (USDA)

Agricultural Marketing Service (AMS)

Final Rule Stage

2. 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 would establish an industry-funded promotion, research, and information program for natural grass sod products. The proposed Natural Grass Sod Promotion, Research, and Information Order was submitted to the U.S. Department of Agriculture by Turfgrass Producers International, a group of natural grass sod producers. The program would conduct research, marketing, and promotion activities that will benefit the entire industry. Primary goals of the program would include educating consumers and stakeholders of the benefits of natural grass and providing producers with marketing tools they can use to grow their business. The goals identified in the proposed rule would only be attainable through a national research and ( print page 66774) promotion program for natural grass sod.

Timetable:

Action	Date	FR Cite
Proposed Rule: Referendum Procedures	10/16/23	88 FR 71302
Proposed Rule: Establish Order	10/16/23	88 FR 71306
Comment Period End: Referendum Procedures	12/15/23
Comment Period End: Establish Order	12/15/23
Final Rule: Referendum Procedures	07/00/24
Proposed Rule 2: Establish Order	09/00/24
Final Rule	03/00/25

Regulatory Flexibility Analysis Required: Yes.

Agency Contact: Jeana Harbison, Deputy Director of Livestock and Poultry Program, Department of Agriculture, Agricultural Marketing Service, Washington, DC 20024, Phone: [phone], Email: [e-mail].

RIN: 0581-AE07

3. Organic Market Development for Mushrooms and Pet Food (AMS-NOP-22-0063) [0581-AE13]

Legal Authority:7 U.S.C. 6501

Abstract: This action would amend the USDA organic regulations to clarify production and handling requirements for a) organic pet food standards and b) organic mushrooms. Specific standards for these products do not currently exist. Instead, these products are currently certified organic to the standards for similar products like those for human consumption (pet food) or for crops (mushrooms). This action proposes to add specific standards for these products to respond to recommendations from the National Organic Standards Board and stakeholder comments received during the National Organic Program's March 2022 public listening session. AMS expects the changes would increase regulatory certainty for these markets that would, in turn, support these and related (ingredient/input) markets. Past National Organic Standards Board recommendations, public comments from the National Organic Program's March 2022 public listening session, and input from mushroom and pet food stakeholders have indicated a need for this rule.

Timetable:

Action	Date	FR Cite
NPRM	03/11/24	89 FR 17322
NPRM Comment Period End	05/10/24
Final Rule	11/00/24

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: [phone], Email: [e-mail].

RIN: 0581-AE13

DEPARTMENT OF AGRICULTURE (USDA)

Agricultural Marketing Service (AMS)

Long-Term Actions

4. Organic Aquaculture Standards [0581-AD34]

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

Abstract: This action would establish standards for organic production and certification of farmed aquatic animals and their products in the USDA organic regulations. This action would also add aquatic animals as a scope of certification and accreditation under the National Organic Program (NOP).

Timetable:

Action	Date	FR Cite
NPRM	To Be Determined

Regulatory Flexibility Analysis Required: Yes.

Agency Contact: Jennifer Tucker, Phone: [phone], Email: [e-mail].

RIN: 0581-AD34

5. Organic Apiculture Production Standards [0581-AE12]

Legal Authority:7 U.S.C. 6501

Abstract: This action proposes to amend the USDA organic regulations to reflect an October 2010 recommendation submitted to the Secretary by the National Organic Standards Board (NOSB) concerning the production of organic apicultural (or beekeeping) products.

Timetable:

Action	Date	FR Cite
NPRM	To Be Determined

Regulatory Flexibility Analysis Required: Yes.

Agency Contact: Jennifer Tucker, Phone: [phone], Email: [e-mail].

RIN: 0581-AE12

DEPARTMENT OF AGRICULTURE (USDA)

Agricultural Marketing Service (AMS)

Completed Actions

6. Inclusive Competition and Market Integrity Under the Packers and Stockyards Act (AMS-FTPP-21-0045) [0581-AE05]

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

Abstract: This final rule would supplement a recent revision to regulations issued under the Packers and Stockyards Act (Act) (7 U.S.C. 181 229c) that provided criteria for the Secretary to consider when determining whether certain conduct or action by packers, swine contractors, or live poultry dealers is unduly or unreasonably or advantageous. Supplemental amendments would clarify the conduct the Department considers unfair, preferential, unjustly discriminatory, or deceptive and a violation of sections 202(a) and (b) of the Act. The rule would also clarify the criteria and types of conduct that would be considered unduly or unreasonably preferential, advantageous, prejudicial, or disadvantageous and violations of the Act, including retaliatory practices that interfere with lawful communications, assertion of rights, and associational participation.

Completed:

Reason	Date	FR Cite
Final Rule	03/06/24	89 FR 16092
Final Rule Effective	05/06/24

Regulatory Flexibility Analysis Required: Yes.

Agency Contact: Michael V. Durando, Phone: [phone].

RIN: 0581-AE05

DEPARTMENT OF AGRICULTURE (USDA)

Animal and Plant Health Inspection Service (APHIS)

Final Rule Stage

7. • Revise Conditions for Payment of Indemnity and Compensation for HPAI [0579-AE79]

Legal Authority:7 U.S.C. 8301, et seq. ( print page 66775)

Abstract: The current HPAI indemnity regulations require producers above de minimis thresholds to have a biosecurity plan as a condition for indemnification. The Animal and Plant Health Inspection Service (APHIS) intends this interim rule to require a successful 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. Other changes are also being considered.

Timetable:

Action	Date	FR Cite
Interim Final Rule	08/00/24

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: [phone], Email: [e-mail].

RIN: 0579-AE79

DEPARTMENT OF AGRICULTURE (USDA)

Animal and Plant Health Inspection Service (APHIS)

Long-Term Actions

8. National List of Reportable Animal Diseases [0579-AE39]

Legal Authority:7 U.S.C. 8301 to 8317

Abstract: This rulemaking amends our disease regulations to provide for a National List of Reportable Animal Diseases, along with reporting responsibilities for animal health professionals that encounter or suspect cases of communicable animal diseases and disease agents. The changes are necessary to streamline Federal cooperative animal disease detection, response, and control efforts. This action will consolidate and enhance current disease reporting mechanisms, and it will complement and supplement existing animal disease tracking and reporting at the State level.

Timetable:

Action	Date	FR Cite
NPRM	04/02/20	85 FR 18471
NPRM Comment Period End	06/01/20
NPRM Comment Period Reopened	08/18/20	85 FR 50796
NPRM Comment Period Reopened End	08/21/20
Revising Proposed Rule and Reopening Comment Period	08/28/23	88 FR 58524
NPRM Comment Period End	09/27/23
Final Rule	06/00/25

Regulatory Flexibility Analysis Required: Yes.

Agency Contact: Oriana Beemer, Phone: [phone], Email: [e-mail].

RIN: 0579-AE39

DEPARTMENT OF AGRICULTURE (USDA)

Animal and Plant Health Inspection Service (APHIS)

Completed Actions

9. Microchipping, Verifiable Signatures, Government Official Endorsement, and Mandatory Forms for Importation of Live Dogs; Cage Standards for Domestic Dogs [0579-AE58]

Legal Authority:7 U.S.C. 2131 to 2159

Abstract: We are proposing to amend the regulations regarding the importation of live dogs by requiring all live dogs imported into the United States for resale purposes to be microchipped for permanent identification, and to require importers to procure a microchip reader and make it available to port-of-entry officials as requested. This action would also add microchipping as one of three identification options for dogs and cats used by dealers, exhibitors and research facilities. In addition, APHIS is proposing to require a verifiable signature on the health certificate and rabies certificate accompanying imported live dogs, an endorsement of the health certificate by a government official in the country of origin, and the mandatory use of forms provided by APHIS. Additionally, we are proposing to update cage standards for dogs held domestically by dealers or exhibitors who are licensed under the Animal Welfare Act or used in research at registered facilities. Other changes are also being contemplated.

Completed:

Reason	Date	FR Cite
Withdrawn	03/08/24

Regulatory Flexibility Analysis Required: Yes.

Agency Contact: Lance Bassage, Phone: [phone], Email: [e-mail].

RIN: 0579-AE58

10. Animal Disease Traceability; Electronic Identification [0579-AE64]

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

Abstract: This action amends APHIS' animal disease traceability regulations, currently codified at 9 CFR part 86. The primary change requires that APHIS will only recognize identification devices ( e.g., ear tags) as official identification for cattle and bison covered by the regulations if the devices have both visual and electronic readability (EID). Other changes clarify language and requirements in several sections of part 86. These changes will enhance the U.S. traceability system to better achieve goals of rapidly tracing diseased and exposed animals and containing outbreaks. APHIS' Animal Disease Traceability program has a long-standing relationship with Tribal nations to ensure the program incorporates Tribal feedback. APHIS provided webinars to Tribal nations in 2021 and 2022 to notify Tribes of this rulemaking and solicit requests for consultation. APHIS subsequently was in contact with an alliance of Western Tribes to apprise them of the status of the proposed rule.

Completed:

Reason	Date	FR Cite
Final Rule	05/09/24	89 FR 39540
Final Action Effective	11/05/24

Regulatory Flexibility Analysis Required: Yes.

Agency Contact: Alexander K. Turner, Phone: [phone].

RIN: 0579-AE64

11. Revision to Horse Protection Act Regulations [0579-AE70]

Legal Authority:15 U.S.C. 1823

Abstract: Current Horse Protection Act (HPA) regulations require Designated Qualified Persons (DQPs) to be licensed directly through Horse Industry Organizations (HIOs). DQPs conduct inspections of horses at HIO-affiliated shows, sales, auctions, and exhibitions to determine compliance with the HPA. We are amending the Horse Protection regulations by eliminating the role of HIOs and assigning inspection authority solely to Animal and Plant Health Inspection Service (APHIS) Veterinary Medical Officers and other third parties ( print page 66776) authorized and trained by APHIS. This final rule also makes other changes to the regulations in accordance with the provisions of the HPA.

Completed:

Reason	Date	FR Cite
Final Rule	05/08/24	89 FR 39194
Final Rule; Correction	06/05/24	89 FR 48131
Final Action Effective	02/01/25

Regulatory Flexibility Analysis Required: Yes.

Agency Contact: Aaron Rhyner, Phone: [phone], Email: [e-mail].

RIN: 0579-AE70

12. AQI User Fees [0579-AE71]

Legal Authority:21 U.S.C. 136a

Abstract: We are making multiple revisions to our AQI user fee regulations in order to facilitate full cost recovery as required by 21 U.S.C. 136a.

Completed:

Reason	Date	FR Cite
Final Rule	05/07/24	89 FR 38596
Final Action Effective	10/01/24

Regulatory Flexibility Analysis Required: Yes.

Agency Contact: George Balady, Phone: [phone].

RIN: 0579-AE71

DEPARTMENT OF AGRICULTURE (USDA)

Food and Nutrition Service (FNS)

Final Rule Stage

13. 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 rulemaking 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). To inform the development of the proposed rule, FNS reviewed materials developed by a variety of WIC stakeholders, including WIC providers, vendors, manufacturers, EBT processors, advocacy organizations, and WIC participants, as well as a report issued by a task force convened by USDA and comprised of 18 organizations from multiple sectors to ensure a diverse range of input. FNS will consider public comments received during the proposed rulemaking stage in development of this final rule.

Timetable:

Action	Date	FR Cite
NPRM	02/23/23	88 FR 11516
NPRM Comment Period End	05/24/23
Final Action	02/00/25

Regulatory Flexibility Analysis Required: Yes.

Agency Contact: Michael DePiro, Specialist, Department of Agriculture, Food and Nutrition Service, 1320 Braddock Place, Alexandria, VA 22314, Phone: [phone], Email: [e-mail].

Maureen Lydon, Department of Agriculture, Food and Nutrition Service, 1320 Braddock Place, Alexandria, VA 22314, Phone: [phone], Email: [e-mail].

RIN: 0584-AE85

DEPARTMENT OF AGRICULTURE (USDA)

Food and Nutrition Service (FNS)

Long-Term Actions

14. National School Lunch and School Breakfast Programs: School Food Service Account Revenue Amendments Related to the Healthy, Hunger-Free Kids Act of 2010 [0584-AE11]

Legal Authority: sec. 12(p)(3)(B) of the Richard B. Russell National School Lunch Act, 42 U.S.C. 1760(p)(B)(3); Healthy, Hunger-Free Kids Act of 2010, Pub. L. 111-296

Abstract: This rule amends National School Lunch Program (NSLP) regulations to conform to amendments made to section 12(p)(3)(B) of the Richard B. Russell National School Lunch Act, 42 U.S.C. 1760(p)(3)(B) in the Healthy, Hunger-Free Kids Act of 2010, regarding equity in school lunch pricing and revenue from non-program foods sold in schools. This rule requires school food authorities participating in the NSLP to provide the same level of financial support for lunches served to students who are not eligible for free or reduced-price lunches as is provided for lunches served to students eligible for free lunches. This rule also requires that all food sold in a school and purchased with funds from the nonprofit school food service account other than meals and snacks reimbursed by the Department of Agriculture must generate revenue at least proportionate to the cost of such foods. This rulemaking will impact schools that participate in NSLP and households with students who participate in NSLP at the paid rate. USDA received stakeholder input on this rulemaking through the public comment process on the interim final rule.

Timetable:

Action	Date	FR Cite
Interim Final Rule	06/17/11	76 FR 35301
Interim Final Rule Effective	07/01/11
Interim Final Rule Comment Period End	09/15/11
Final Action	06/00/26

Regulatory Flexibility Analysis Required: Yes.

Agency Contact: Michael DePiro, Phone: [phone], Email: [e-mail].

Maureen Lydon, Phone: [phone], Email: [e-mail].

RIN: 0584-AE11

15. Technical Changes for Supplemental Nutrition Assistance Program (SNAP) Benefit Redemption Systems [0584-AE37]

Legal Authority:Pub. L. 113-79

Abstract: The Food and Nutrition Service (FNS) will propose changes that collectively modernize SNAP benefit issuance and increase program integrity while streamlining program administration, offering greater flexibility to State agencies, and improving customer service. The rule will propose to codify provisions of the 2014 Farm Bill, the 2018 Farm Bill, and respond to 2018 OIG audit findings. The rule will propose to codify 2014 Farm Bill provisions requiring most SNAP-authorized retailers to pay the costs associated with Electronic Benefit Transfer (EBT) equipment, supplies and related services and requirements pertaining to the online SNAP payment option. This rule would also propose to codify waivers that have been granted to State agencies to implement practices that have proven beneficial as the EBT system has developed and matured and update EBT system technical and functional requirements. FNS has not held any stakeholder engagement initiatives related to this rule but will evaluate the need for future initiatives ( print page 66777) as rule-making progresses. FNS does not anticipate any significant impacts on communities by this rule, as the proposed changes seek to codify existing program requirements.

Timetable:

Action	Date	FR Cite
NPRM	06/00/25

Regulatory Flexibility Analysis Required: Yes.

Agency Contact: Michael DePiro, Phone: [phone], Email: [e-mail].

Maureen Lydon, Phone: [phone], Email: [e-mail].

RIN: 0584-AE37

16. Providing Regulatory Flexibility for Retailers in the Supplemental Nutrition Assistance Program (SNAP) [0584-AE61]

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 four staple food categories, to a mandatory minimum of seven varieties. The Food and Nutrition Service (FNS) codified these mandatory requirements via RIN 0584-AE61. This change will propose to provide some retailers participating in SNAP as authorized food stores with more flexibility in meeting the enhanced SNAP eligibility requirements. The stakeholder community includes SNAP applicant and authorized retailers required to meet eligibility requirements, public health and access focused advocacy organizations, and SNAP participants. Stakeholder engagement may include listening sessions with these stakeholders, though significant feedback is also available in comments submitted to the previously published proposed rule.

Timetable:

Action	Date	FR Cite
NPRM	04/05/19	84 FR 13555
NPRM Comment Period End	06/04/19
NPRM Comment Period Reopened	06/14/19	84 FR 27743
NPRM Comment Period Reopen End	06/20/19
Final Action	11/00/25

Regulatory Flexibility Analysis Required: Yes.

Agency Contact: Michael DePiro, Phone: [phone], Email: [e-mail].

Maureen Lydon, Phone: [phone], Email: [e-mail].

RIN: 0584-AE61

17. 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. Stakeholder engagement may include listening sessions; however, significant feedback from stakeholders is also available in the public comments submitted on previously proposed rule.

Timetable:

Action	Date	FR Cite
NPRM	10/00/25