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Enactment of the Agriculture Improvement Act of 2018 (Pub. L. 115-334) on December 20, 2018, provides the legal authority for this rulemaking. The Agency published a proposed rule on 1/24/24 with a public comment period open until 3/25/24.  It is a continuation of the directives given by the Agricultural Act of 2014 (Pub. L. 113-79) and the Food, Conservation, and Energy Act of 2008 (Pub. L. 110-234), and Rural Investment Act of 2002 (Pub. L. 107-171). The overall intent of this action is to add 2018 Farm Bill provisions for the Biobased Markets Program. Specifically, the action would propose to codify program guidance into the regulations.

This action is expected to reduce burden on both the applicants and the Agency by reducing requirements, clarifying requirements, streamlining the application and certification process and increase efficiencies in program delivery. Codification for all program guidance would ensure consistency in how programs are administered.
Additionally, improvements would facilitate the sales of the business using the labeling program.