Senate Farm Bill Targets FIFRA Exemptions and EPA–USDA Coordination
A new farm bill introduced in the Senate proposes several regulatory changes under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). If enacted, the bill would exclude certain biostimulants from the definition of “plant regulator,” exempt certain plant-incorporated protectants from FIFRA requirements, extend the deadline for interim registration review decisions, and expand coordination between EPA and the U.S. Department of Agriculture (USDA).
The Agricultural Act of 2026, S. 5526, was reported to the Senate by Senate Agriculture Committee Chairman John Boozman (R-AR) on September 24, 2026, and placed on the Senate calendar. The committee had advanced the legislation on a party-line vote on September 16.
Similar reform measures were included in a House farm bill, which passed the House in April.
Product Exclusions and Exemptions
The Agricultural Act of 2026 would exclude certain plant biostimulants from regulation under FIFRA by excluding them from the definition of “plant regulator.”
“Plant biostimulant” would be defined as a substance that supports a plant’s natural nutrition processes independently of its nutrient content and thereby improves nutrient availability, uptake or use efficiency, tolerance to abiotic stress, or consequent growth, development, quality, or yield. The biostimulant exclusion would cover plant biostimulants that EPA determines have a low-risk profile and that are of biological origin or contain qualifying synthetic equivalents.
The legislation would also add exclusions from the definition of plant regulator for substances intended to be produced and used within a plant, qualifying plant biostimulants, and qualifying vitamin hormone products. In addition, it would define “nutritional chemical” and exclude plant biostimulants and nutritional chemicals from FIFRA’s definition of “nitrogen stabilizer.”
Exclusion from FIFRA’s definition of plant regulator means that a product would not be regulated as a pesticide solely on that basis. If the product does not otherwise qualify as a pesticide under FIFRA Section 2(u), it would generally not be subject to FIFRA’s pesticide registration, labeling, and related regulatory requirements.
Several of the proposed exclusions overlap with existing EPA regulations. Under 40 C.F.R. § 152.6(f) and (g), qualifying vitamin-hormone products, plant nutrients, inoculants, and soil amendments are already excluded. The proposed amendments would therefore provide express statutory treatment for certain products already excluded by regulation while potentially extending exclusions to additional qualifying products.
A related change would adopt a definition of plant-incorporated protectant (PIP) and exempt PIPs resulting from endogenous genetic material found within or that could arise from the plant’s gene pool from FIFRA’s requirements. The exemption would take effect after EPA issues guidance, due within one year after enactment, but EPA would retain authority to regulate a specific PIP by order. This, too, builds on EPA’s regulatory definition of PIP and existing exemptions for qualifying PIPs at 40 C.F.R. part 174, subpart B.
Registration Reviews
The bill would replace the existing 2022 deadline for completing initial registration reviews with a new deadline of October 1, 2031, for completing interim registration review decisions for affected pesticides. This change would give EPA additional time to issue interim decisions, rather than requiring completion of the full registration review process by the deadline.
Interim decisions noticed before that date, where EPA has not completed applicable ESA effects determinations or necessary consultation, would have to include measures to reduce potential effects on listed species and designated critical habitat where applicable. In developing those measures, EPA would be required to take into account input from USDA and other members of the FIFRA interagency working group.
Interagency Coordination
The bill would also expand coordination between EPA, USDA, and other federal agencies.
The legislation would establish additional interagency coordination requirements concerning pesticide decisions under the Endangered Species Act (ESA). Before adopting certain ESA-related policies, strategies, workplans, or pilot programs, EPA would be required to consult other agencies participating in the FIFRA interagency working group and publish their input. It would also change the working group’s progress reports from every 180 days for five years to annually, require them to be posted on EPA’s website, and require the group to consult industry and nongovernmental stakeholders at least once a year.
The legislation would also increase USDA’s involvement in EPA pesticide risk mitigation decisions. EPA would be required to develop certain risk mitigation measures in coordination with USDA and publish an economic analysis of their implementation costs. EPA would also have to coordinate with USDA so that it has agronomic data from USDA and industry, and information on available alternatives, for use in registration and review decisions. EPA would then have to explain publicly how it used that information, including its reasons for declining to use it. The bill would also require EPA to coordinate with the Departments of Agriculture, Interior, and Commerce concerning certain ESA-related measures.
In addition, the legislation would establish an Office of Biotechnology Policy to provide for the effective coordination of agricultural policies and activities within USDA related to biotechnology.
Potential Implications
If the Agricultural Act of 2026 is enacted, manufacturers of qualifying plant biostimulants could face fewer FIFRA obligations, which could affect product classification, registration, and labeling. Pesticide registrants could see more USDA input into EPA risk mitigation decisions, with more attention to implementation costs, agricultural uses, and alternatives. EPA would keep its authority to regulate products that do not qualify for the new exclusions or exemptions.
