USDA’s 2026 Unified Agenda Includes Biobased Product And Biotechnology Rulemakings

In July, the Office of Management and Budget (OMB) published the Trump Administration’s 2026 Unified Agenda. The U.S. Department of Agriculture’s (USDA) Unified Agenda includes the following rulemakings regarding biobased products and biotechnology:

• Technical Guidelines for the Production of Regenerative Agricultural Biofuel Feedstocks: The Biden USDA issued an interim final rule (IFR) to establish new regulations that will set requirements for the quantification, reporting, and verification of low-carbon, domestic agricultural biofuel feedstocks. As reported in our July 2, 2026, blog item, the Trump USDA published a final rule revising the technical guidelines for quantifying, reporting, and verifying the carbon intensity (CI) of agricultural commodity crops used in the production of biofuels relative to an estimated national average that were established the interim final rule. 91 Fed. Reg. 39334. The final rule was effective July 29, 2026.
• Biorefinery, Renewable Chemical, and Biobased Product Manufacturing Assistance Loan Program: USDA’s Rural Business-Cooperative Service published a final rule on July 9, 2026, that incorporates revisions intended to clarify, improve, and enhance the delivery of the Biorefinery, Renewable Chemical, and Biobased Product Manufacturing Program’s loan guarantees. 91 Fed. Reg. 42335. The program provides loan guarantees up to $250 million to eligible applicants to develop advanced biofuels, renewable chemicals, and biobased-products manufacturing facilities to deliver new and innovative technologies. More information on the final rule is available in our July 20, 2026, blog item.
• Regulatory Efficiencies for Products of Biotechnology: USDA states that this proposed rule would, among other things, propose to create exemptions from USDA’s regulations for plants and microbes that are already subject to the U.S. Environmental Protection Agency’s (EPA) regulation and products USDA previously reviewed and deregulated and provide a permitting exemption for certain modified organisms that are commonly used in laboratory development of products of biotechnology. Other changes are also contemplated. USDA intended to publish a notice of proposed rulemaking (NPRM) in July 2026 but has not published anything to date.
• National Bioengineered Food Disclosure Standard; Update of the List of Bioengineered Foods (AMS-FTPP-22-0080): As reported in our April 4, 2024, blog item, consistent with 7 C.F.R. Section 66.7, the Agricultural Marketing Service (AMS) published a request for information (RFI) soliciting comments on new bioengineered (BE) crops that have potentially reached the market, including dry edible beans, wheat, cowpea, golden rice, purple tomato, and plums. According to the Unified Agenda item, comment analysis and research would determine which BE foods would be appropriate to add to the List of Bioengineered Foods (List) in the National Bioengineered Food Disclosure Standard. USDA states that due to the length of time between the last RFI and the statutory requirement to annually review the List, AMS plans to publish a new RFI soliciting information on any additional foods that may meet the criteria to be added to the List, any foods that no longer meet the criteria and should be subtracted from the List, and any modifiers that need to be added or adjusted for foods already on the List as it pertains to the National Bioengineered Food Disclosure Standard. USDA notes that AMS may publish a proposed rule to update to List after reviewing comments from both the first and second RFIs. USDA intended to publish a proposed rule in July 2026 but has not published anything to date.
• National Bioengineered Food Disclosure Standard — Court Remand: According to USDA, based on the Ninth Circuit Court of Appeals (Natural Grocers et al. v. Rollins) October 31, 2025, decision, AMS proposes to address deficiencies from its December 21, 2018, final rule (83 Fed. Reg. 65814). On July 29, 2016, Public Law 114-216 amended the Agricultural Marketing Act to require USDA to establish a national, mandatory standard for disclosing any food that is or may be BE. USDA intends to publish an NPRM in August 2026.

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