Usda Rules: Lawmaking Process Explained

The USDA develops regulations and directives to ensure compliance with federal laws, executive orders, directives, and policies. These regulations are designed to protect and promote US agricultural health, administer the Animal Welfare Act, and carry out wildlife damage management activities. The USDA also plays a role in implementing the nation's biotechnology regulatory framework alongside the Food and Drug Administration and the Environmental Protection Agency. The USDA's rulemaking process includes proposing rules, seeking public comment, and publishing final rules, which are then added to the Code of Federal Regulations. The USDA also provides links to key Federal Regulations and public laws related to its programs.

USDA's Preliminary Regulatory Review Plan

The USDA's Preliminary Regulatory Review Plan is a key part of the department's commitment to openness and transparency. The USDA is committed to ensuring that its activities are compliant with federal laws, executive orders, directives, and policies. The Regulatory Review Group (RRG) provides central direction and coordination for the drafting, clearance, and codification of regulations. This group ensures that the USDA's activities are in line with the Federal Register Act, Administrative Procedures Act, Paperwork Reduction Act, and other regulatory review procedures. The RRG acts as a liaison between the USDA and other agencies, including the Office of Management and Budget (OMB).

The USDA's Preliminary Regulatory Review Plan is developed pursuant to Executive Order 13563. The public is encouraged to read and comment on the plan, which outlines the objectives and focus of each agency within the USDA, as well as the regulatory review process. This plan is part of a broader initiative for a more open government, with previous plans focusing on establishing basic open structures and procedures, promoting new open media and cultural changes, and emphasizing open as a strategic organizational value.

The USDA's regulatory reviews are designed to ensure compliance with relevant laws, regulations, and policies. For example, the USDA's food distribution regulations are developed to ensure compliance with federal laws and policies, while also providing links to key federal regulations and public laws for food distribution and purchase programs. The USDA also ensures that its rural utility service programs meet federal regulations and policies.

The USDA's Preliminary Regulatory Review Plan is an important tool for promoting transparency and public participation. The public can access the USDA's Laws and Regulations webpage to review and comment on rules, as well as access previous regulatory review plan reports. This process allows for early public input and feedback on policies, in line with former President Obama's emphasis on establishing "a system of transparency, public participation, and collaboration."

Federal Grain Inspection Standards

The Federal Grain Inspection Service (FGIS) is a program under the United States Department of Agriculture (USDA) that facilitates the marketing of US grain and related products. The FGIS establishes standards for quality assessments, regulates handling practices, and manages a network of laboratories that provide impartial official inspection and weighing services.

The FGIS establishes and maintains official standards for barley, canola, corn, flaxseed, oats, rye, sorghum, soybeans, sunflower seed, triticale, wheat, mixed grain, rice, and pulses. The FGIS also ensures compliance with the US Grain Standards Act (USGSA) and the Agricultural Marketing Act of 1946 (AMA) as they relate to the inspection of grains, oilseeds, rice, pulses, lentils, and processed grain products.

The FGIS has several divisions, including the Field Management Division, which provides and supervises inspection and weighing services for grain and related products for domestic and export trade. The International Affairs Division provides international services and outreach programs to explain the US grain marketing system and protect the integrity of the official inspection system and the market at large. The Quality Assurance and Compliance Division reviews the official inspection and weighing system's operations to ensure they conform to policies and procedures, while the Technology and Science Division coordinates, manages, and conducts research, methods development, new equipment evaluation, and provides direct services for commodity inspection.

The FGIS plays a crucial role in facilitating the marketing of US grain and related products by establishing and maintaining standards, regulating handling practices, and providing impartial inspection and weighing services. The FGIS also ensures compliance with relevant legislation and protects the integrity of the US grain marketing system.

Food Distribution Regulations

FDA Regulations:

• The Food and Drug Administration (FDA) plays a pivotal role in regulating food distribution to ensure food safety and prevent foodborne illnesses.
• All food distribution warehouses must register with the FDA and comply with stringent guidelines for cleanliness and safety.
• The FDA conducts routine inspections and has the authority to order recalls and shutdowns if violations are found.
• The Food Safety Modernization Act (FSMA) is a significant shift in food safety, focusing on prevention rather than reaction to foodborne illness outbreaks.
• Warehouses must develop comprehensive food safety plans and implement preventive controls to address potential hazards.
• Good Manufacturing Practices (cGMPs) are essential for maintaining sanitary conditions and processing standards.
• The Hazard Analysis Critical Control Point (HACCP) system is a systematic approach to identifying, evaluating, and controlling food safety hazards.
• The Food Allergen Labeling and Consumer Protection Act (FALCPA) mandates clear labeling of common allergens to protect consumers with food allergies.

USDA Regulations:

• The USDA enforces regulations for the distribution and control of donated foods through programs like The Emergency Food Assistance Program (TEFAP).
• USDA donated foods must be distributed, stored, and managed safely, efficiently, and cost-effectively at the state and recipient agency levels.
• State distributing agencies play a crucial role in ensuring compliance with food safety standards and managing inventories to prevent waste.
• There are specific requirements for different programs, such as the National School Lunch Program (NSLP), Commodity Supplemental Food Program (CSFP), and Food Distribution Program on Indian Reservations (FDPIR).
• USDA regulations also cover rural development, grain inspection, animal and plant health, crop and livestock insurance, quality assurance, biotechnology, and exporting of agricultural products.

Animal and Plant Health Regulations

The USDA's Animal and Plant Health Inspection Service (APHIS) is responsible for enforcing animal and plant health regulations. APHIS receives its authority from several U.S. laws, including the Animal Health Protection Act, the 28-Hour Law, the Agricultural Marketing Act of 1946, the Organic Act of 1944, the Swine Health Protection Act, and the Transportation of Equines to Slaughter Act, among others. These laws provide a framework for protecting animal and plant health domestically and internationally.

The Animal Health Protection Act restricts the importation, entry, and movement of animals, including livestock, and allows for their destruction or removal to stop the spread of pests or diseases. The 28-Hour Law prohibits confining animals in a vehicle or vessel for more than 28 consecutive hours without providing them with food, water, and rest. The Agricultural Marketing Act of 1946 outlines the duties of the Secretary of Agriculture related to agricultural products, including inspection and certification, as well as their authority to cooperate with other government branches, state agencies, and private organizations involved in the production, transportation, storage, and distribution of agricultural products.

The Plant Protection and Quarantine program within APHIS is responsible for enforcing laws such as the Plant Protection Act, which prohibits or restricts the importation, exportation, and interstate movement of plants, plant products, certain biological control organisms, noxious weeds, and plant pests. The Federal Seed Act regulates the importation of seeds for planting into the United States, while the Federal Noxious Weed Act prohibits the movement of noxious weeds in interstate or foreign commerce and authorizes the Secretary of Agriculture to implement control, eradication, or prevention measures.

The USDA also works to ensure that America's agricultural exports are protected from unjustified trade restrictions. They publish regulations governing the exporting of agricultural products and programs, and they are responsible for implementing the nation's biotechnology regulatory framework along with the Food and Drug Administration and the Environmental Protection Agency.

The USDA's regulations are developed to ensure compliance with all relevant federal laws, executive orders, directives, and policies. The USDA Directives system is an online repository of all USDA Departmental Regulations, Notices, Manuals, and Secretary Memoranda. Members of the public are encouraged to review and provide comments on Federal documents published in the Federal Register, the government's legal newspaper.

USDA Open Government Policy Gateway

The USDA Open Government Policy Gateway is a platform that enables the public to engage in discussions and provide input and feedback on policies during their early development stages. The goal of this initiative is to promote transparency, openness, and collaboration with the public. This platform is just one aspect of the USDA's commitment to open governance and encouraging public participation in policy development.

The USDA develops regulations and directives to ensure compliance with federal laws, executive orders, directives, and policies. These regulations cover a wide range of areas, including food distribution, rural development, grain inspection, animal and plant health, crop and livestock insurance, and quality assurance. The USDA also plays a role in implementing the nation's biotechnology regulatory framework, working alongside the Food and Drug Administration and the Environmental Protection Agency.

The USDA's regulatory process often begins with a proposed rule, which is published for public comment. This proposed rule outlines a change that the USDA believes will benefit agriculture and the public. The public is invited to provide feedback, which the USDA considers before finalizing the rule. This process ensures that the public has a say in the development of regulations that will impact them.

In addition to the USDA Open Government Policy Gateway, the USDA also provides access to the Federal Register, which is the official publication for final rules, proposed rules, notices, and supporting documents of agencies and organizations. The public can review and comment on Federal documents published in the Federal Register, contributing to a transparent and collaborative policy-making process.

The USDA is committed to engaging with the public and incorporating feedback into its policies and regulations. By utilizing the USDA Open Government Policy Gateway and other platforms, the public can actively participate in the policy-making process and help shape the rules and regulations that govern various aspects of agriculture and related sectors in the United States.

Frequently asked questions