PGAs Continue Deregulatory Streak in Fall 2018 Regulatory Agenda

The Trump administration issued its Fall 2018 unified regulatory agenda, advancing its deregulatory program through “structural reforms as well as the practical work of eliminating and revising regulations,” according to the agenda’s introductory statement. The effect can be seen on the individual regulatory agendas of agencies that regulate imports and exports, with many putting out shorter lists that include the elimination of rules and the creation of new regulatory exemptions.

The Department of Agriculture’s trimmed-down regulatory agenda contains a re-proposal of regulations on importations of genetically engineered organisms, after the original proposal was withdrawn by the Animal and Plant Health Inspection Service in response to industry concerns (see 1711060047 and 1701180058). A de minimis exemption from Lacey Act declaration requirements proposed by APHIS in July (see 1807060013) is listed as a final rule set for publication in September 2019. A more controversial exemption for composite wood materials that was mooted by APHIS in a concurrently issued advance notice of proposed rulemaking is now listed as a “long-term action.” Whether the agency intends to follow up with a formal proposed rule is “underdetermined,” the agenda says.

The National Oceanic and Atmospheric Administration again lists publication of a final rule establishing its seafood Trusted Trader program as imminent. The Commerce Department agenda says it will be published in November, two months later than the Spring agenda’s listed September publication date.

A listing in the Department of Health and Human Services’ regulatory agenda says the Food and Drug Administration plans to issue a proposed rule that would “remove or revise certain written assurance requirements” under the Foreign Supplier Verification Program “that currently apply to importers of human or animal food to align with the requirements” for manufacturers and processors under FDA’s preventive controls and produce safety rules. The proposal would come on top of a separate proposal already listed in FDA’s Spring agenda that would eliminate certain written assurance requirements for manufacturers and processors.