­OMB Releases 2026 Unified Agenda Of Regulatory Actions

The White House Office of Management and Budget (OMB) recently released the 2026 Unified Agenda of Regulatory and Deregulatory Actions, which outlines the rulemaking actions currently under development by each federal agency. This memorandum summarizes the major actions that may be of particular interest to the food industry that are being planned by the Food and Drug Administration (FDA), and the United States Department of Agriculture’s (USDA’s) Food Safety and Inspection Service (FSIS), Agricultural Marketing Service (AMS), and Food and Nutrition Service (FNS). A majority of the changes from the last edition reflect rules that were finalized or had their timelines extended. In a departure from the recent past, OMB issued a single agenda for 2026, rather than two agendas for spring and fall.

Notably, FDA intends to issue a proposed rule this winter to reform the generally recognized as safe (GRAS) framework by requiring mandatory submission of GRAS notices for the use of human and animal food substances that are purported to be GRAS¹, as well as a final rule on front-of-package nutrition labeling this winter.² The proposed GRAS rule has been under OMB review since December 2025. FDA will also propose a rule to create a new “low added sugar” nutrient content claim and issue a final rule to permit the use of salt substitutes in standardized foods.³ The agency also plans to publish several new rulemaking actions to modernize and revoke standards of identity for several foods. In addition to highlighting the most significant priorities for FDA and other agencies, we provide charts in Appendix A that list other relevant rulemakings included on each agency’s agenda.⁴

We caution that the dates included in the Unified Agenda⁵ are not commitments to act on or by the date shown. Rather, they simply indicate the agencies’ aspirations. Note also that the dates for some planned actions have already passed. Rather than focusing on projected dates, the Unified Agenda is a valuable tool to identify the substantive issues the agencies consider to be priorities for rulemaking.

FDA Priorities

Although many entries from the Spring 2025 Unified Agenda have been carried forward to the 2026 edition, there are some notable changes reflecting new administration priorities, including revisions and revocations of standards of identity and amendments to the GRAS process. A new proposed rule would revise definitions of nutrient content claims for added sugars and define a new, voluntary “low added sugar” claim. The majority of the rules carried forward remain at the same stage but with new dates of completion. As noted above, the projected dates are not commitments to complete the action by the identified dates but rather reflect the agency’s goal.

• Key Priorities: Labeling and Ingredient Safety
  • Substances Generally Recognized as Safe: This proposed rule would amend FDA’s regulations at 21 CFR parts 170 and 570 to require the mandatory submission of GRAS notices for the use of a human or animal food substance that are purported to be GRAS. Food substances include both ingredients and substances added indirectly (such as from food packing). Food substances that are listed or affirmed as GRAS for the intended use by regulation, or for which FDA has already issued a “no questions” letter on its GRAS notice inventory, would be exempted. FDA anticipates the proposed rule would require that FDA maintain and update a public-facing GRAS notice inventory for all substances that are the subject of mandatory GRAS notice for conditions of their intended use as well as the process under which FDA would determine that a substance is not GRAS. (Proposed Rule: December 2026).
  • Front-of-Package Nutrition Labeling: This final rule would require the front of food labels to display certain nutrition information to help consumers, including those who are busy and those with lower nutrition knowledge, make more informed dietary choices. The rule would also amend certain nutrient content claim regulations to align with current nutrition science and ensure consistency in labeling. (Final Rule: December 2026).
  • Nutrient Content Claims for Added Sugars: This proposed rule would update definitions and provisions related to nutrient content claims and added sugars to align with updates to Nutrition Facts label requirements. The rule would also define a new “low added sugar” nutrient content claim that manufactures could voluntarily use to communicate information about the level of added sugars in food products. (Proposed Rule: December 2026).
  • Rulemaking to Provide by Regulation that an Ingredient Is Not Excluded from the Dietary Supplement Definition:This proposed rule would provide that a specific ingredient would not be excluded from the dietary supplement definition and that products containing this ingredient could be lawfully marketed as dietary supplements, provided they otherwise meet the definition of “dietary supplement” under section 201(ff) of the Federal Food, Drug, and Cosmetic Act (FD&C Act) and are not otherwise in violation of the FD&C Act. (Proposed Rule: July 2026).
• FSMA
  • Requirements For Additional Traceability Records For Certain Foods: Compliance Date Extension: The proposed rule would extend the compliance date for the final rule, “Requirements for Additional Traceability Records for Certain Foods.” FDA previously proposed extending the compliance date to July 20, 2028 (Comment Period Ended: September 8, 2025).⁶ (Proposed Rule: July 2026).
• Standards of Identity
  • Use of Salt Substitutes to Reduce the Sodium Content in Standardized Foods: This final rule would permit the use of salt substitutes in standardized foods in which salt is a required or optional ingredient. The rule is intended to support industry efforts to reduce sodium content in standardized foods and improve consumer dietary patterns. (Final Rule: July 2026).
  • Cheeses and Related Cheese Products; Proposal to Permit the Use of Ultrafiltered Milk: This final rule would amend FDA regulations to provide for the use of fluid ultrafiltered milk (fluid UF milk), fluid ultrafiltered nonfat milk (fluid UF nonfat milk), fluid microfiltered milk (fluid MF milk), and fluid microfiltered nonfat milk in the manufacture of standardized cheeses and related cheese products. The final rule would also provide an exemption for standardized cheeses and related cheese products containing them from labeling fluid UF milk, fluid UF nonfat milk, fluid MF milk, and fluid MF nonfat milk when used along with milk or nonfat milk in standardized cheeses and related cheese products. (Final Rule: September 2026).
  • Food Standards of Identity Modernization; Pasteurized Orange Juice: This final rule would amend the standard of identity for pasteurized orange juice by lowering the minimum orange juice soluble solids content from 10.5° to 10° Brix. (Final Rule: July 2026⁷). 
  • Revocation of Standards of Identity for Foods: Two final rules would revoke several standards of identity for dairy products and other foods. (Final Rules: November 2026). Three proposed rules would revoke several standards of identity for bakery products and cereal flours; canned fruits and canned vegetables, and frozen vegetables.(Proposed Rules: November 2026). 
  • Amendments to Standards of Identity: The final rule would amend requirements for the standard of identity for canned tuna and the standard of fill for containers. (Final Rule: November 2027). A separate rule on FDA’s “long term actions” list would amend the standard of identity for maple syrup. (No target date provided).

USDA Priorities

As with FDA, the USDA priorities include notable changes reflecting new administration priorities. USDA’s 2026 priorities include revisions to poultry grower contracting and payment systems under the Packers and Stockyards Act, modernization of beef slaughter inspection, and revisions to the Bioengineered Food Disclosure Standard. As noted above, the projected dates are not commitments to complete the action by the identified dates but rather reflect the agency’s goal. FSIS, AMS, and FNS each have several regulatory priorities that may be of particular interest.

FSIS

• Revision of the Nutrition Facts Labels for Meat and Poultry Products and Updating Certain Reference Amounts Customarily Consumed: Consistent with the changes that FDA finalized, FSIS plans to amend its meat and poultry products inspection regulations to update and revise the nutrition labeling requirements for meat and poultry products to reflect recent scientific research and dietary recommendations and to improve the presentation of nutrition information to assist consumers in maintaining healthy dietary practices. (Final Action: July 2026).
• Modernization of Beef Slaughter Inspection: This proposed rule would amend the meat inspection regulations to create an optional new inspection system for beef slaughter establishments. Establishments that do not opt in would continue under their current inspection system. FSIS also intends to propose changes that would apply to all beef slaughter establishments, affording them flexibility to design sampling plans and improve how they monitor process control. (Proposed Rule: November 2026).
• Maximum Line Speed Rates for Young Chicken and Turkey Establishments Operating Under the New Poultry Inspection System: In February 2026, FSIS issued a proposed rule to amend the regulations that prescribe the maximum line speed rates under the New Poultry Inspection System (NPIS) to allow NPIS young chicken and turkey establishments to operate at more efficient line speeds.⁸ (Comment Period Ended: April 20, 2026).
• Maximum Line Speed under the New Swine Slaughter Inspection System (NSIS): In February 2026, FSIS issued a proposed rule to amend the pork inspection regulations to eliminate line speed limits for NSIS establishments and allow NSIS establishments to determine their line speeds based on their ability to maintain process control. (Comment Period Ended: April 20, 2026).

AMS

• Inclusive Competition and Market Integrity Under the Packers and Stockyards Act - Rescission (AMS-FTPP-25-0014): The proposed rule would request comment on the removal of the regulations published on March 6, 2024, in the final rule titled, “Inclusive Competition and Market Integrity Under the Packers and Stockyards Act.” The rule added a new subpart to 9 CFR part 201 to prohibit undue prejudice, unjust discrimination, and certain retaliatory and deceptive practices under the Packers and Stockyards Act.⁹ (Proposed Rule: July 2026). 
• Poultry Grower Payment Systems and Capital Improvement Systems - Rescission (AMS-FTPP-22-0046): This proposed rule would withdraw the final rule published Jan. 16, 2025, titled, “Poultry Grower Payment Systems and Capital Improvement Systems” with an effective date of July 1, 2026. The final rule amended regulations to address certain issues, including payment disparities and reductions unconnected to commoditized flock performance, and transparency concerns related to additional capital investments in poultry production facilities and equipment.¹⁰ (Proposed Rule: July 2026). 
• Poultry Grower Payment Systems and Capital Improvement Systems; Delay of Effective Date: This final rule will delay the effective date of the “Poultry Grower Payment Systems and Capital Improvement Systems” final rule to December 31, 2027. (Final Rule: July 2026¹¹). 
• Transparency in Poultry Grower Contracting and Tournaments - Rescission (AMS-FTPP-25-0015): The proposed rule will request comment on the removal of the regulations published on November 28, 2023, in the final rule titled, “Transparency in Poultry Grower Contracting and Tournaments.” The final rule amended 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 disclosure requirements for live poultry dealers engaged in the production of broilers who use poultry ranking systems to determine settlement payments for broiler growers. (Proposed Rule: October 2026).
• National Bioengineered Food Disclosure Standard—Court Remand: In December 2018, AMS published a final rule to establish a national mandatory bioengineered food disclosure standard for food manufacturers, importers, and other entities that label foods for retail sale. After the Ninth Circuit Court of Appeals (Natural Grocers et al. v. Rollins) October 31, 2025, decision, AMS proposes to address deficiencies from its previous final rule. (Proposed Rule: August 2026).
• National Bioengineered Food Disclosure Standard; Update of the List of Bioengineered Foods (AMS-FTPP-22-0080): AMS intends to issue a new request for information soliciting information on foods that may meet the criteria for the List of Bioengineered Foods in the National Bioengineered Food Disclosure Standard. (Proposed Rule: July 2026).

FNS

• Expanding Fluid Milk Options in Child Nutrition Programs: This interim final rule would expand fluid milk options by allowing schools and child and adult care providers participating in Child Nutrition Programs to offer whole and reduced-fat milk to participants two years and older. This rule codifies milk-fat requirements following enactment of the Whole Milk for Healthy Kids Act and supports the statutory requirements for meals to align with the goals of the Dietary Guidelines for Americans. (Interim Final Rule: July 2026¹²).
• Strengthening Integrity and Reducing Retailer Fraud in the Supplemental Nutrition Assistance Program (SNAP): This proposed rule would propose new requirements designed to enhance oversight of retailer fraud, abuse, and non-compliance in SNAP. (Proposed Rule: October 2026). 
• Amendment of definition of “eligible food” in the Supplemental Nutrition Assistance Program (SNAP): This proposed rule would amend the definition of “eligible foods” in SNAP to align with the program’s purpose of assisting low-income households in obtaining a more nutritious diet and advance USDA’s goal to “Make America Healthy Again.” USDA has approved 23 state SNAP waivers that restrict purchase of certain foods, such as candy and energy drinks, since May 2025. In June 2026, a federal district court vacated USDA approvals for five state SNAP waivers, finding that the agency lacked statutory authority and failed to offer notice and comment.¹³ (Proposed Rule: December 2026).

Appendix A

Please see the attached chart summarizing the key planned regulatory activities of particular interest to the food industry.

Next Steps

We will continue to monitor the Federal Register for agency actions and will provide updates on items of interest.

Footnotes

1. See HL Update, HHS Secretary Directs FDA to Explore Rulemaking to Eliminate Self-GRAS Pathway (March 25, 2025), available at https://www.hlc.com/en/publications/hhs-secretary-directs-fda-to-explore-rulemaking-to-eliminate-self-gras-pathway.

2. See HL Update, FDA Issues Proposed Rule on Front-of-Package Nutrition Labeling (January 21, 2025), available at https://www.hlc.com/en/publications/fda-issues-proposed-rule-on-frontofpackage-nutrition-labeling.

3. See HL Update, FDA Issues 2026 Priority Deliverables for the Human Foods Program (February 12, 2026), available at https://www.hlc.com/en/publications/fda-issues-2026-priority-deliverables-for-the-human-foods-program.

4. See Appendix A – 2026 Regulatory Agendas: Summary of Selected Items Relating to Food Regulation, available here.

5. White House Office of Management and Budget 2026 Unified Agenda of Regulatory and Deregulatory Actions, available at https://www.reginfo.gov/public/do/eAgendaMain.

6. See HL Update, FDA Issues Proposed Rule Extending Compliance Date for Food Traceability Rule (August 12, 2025), available at https://www.hlc.com/en/publications/fda-issues-proposed-rule-extending-compliance-date-for-food-traceability-rule.

7. 91 Fed. Reg. 45190 (July 20, 2026).

8. See HL Update, USDA proposes to increase line speeds for young chicken, turkey, and swine operations (February 23, 2026), available at https://www.hlc.com/en/publications/usda-proposes-to-increase-line-speeds-for-young-chicken-turkey-and-swine-operations.

9. See HL Update, USDA releases final rule on inclusive competition and market integrity under the Packers and Stockyards Act (March 14, 2024), available at https://www.hlc.com/en/publications/usda-releases-final-rule-on-inclusive-competition-and-market-integrity-under-the-packers-and-stockyards-act.

10. See HL Update, USDA releases proposed rule on poultry grower payment systems and capital improvement systems (June 17, 2024), available at https://www.hlc.com/en/publications/usda-releases-proposed-rule-on-poultry-grower-payment-systems-and-capital-improvement-systems.

11. 91 Fed. Reg. 32314 (July 1, 2026).

12. 91 Fed. Reg. 25073 (May 8, 2026).

13. See HL Update, District Court Vacates USDA Approval of Five State SNAP Pilot Projects Restricting Purchases of Certain Foods and Beverages (July 1, 2026), available at https://www.hlc.com/en/publications/district-court-vacates-usda-approval-of-five-state-snap-pilot-projects-restricting-purchases-of-certain-foods-and-beverages.