Title 7AgricultureRelease 119-73

§2204e Office of Risk Assessment and Cost-Benefit Analysis

Title 7 › Chapter CHAPTER 55— - DEPARTMENT OF AGRICULTURE › § 2204e

Last updated Apr 6, 2026|Official source

Summary

Creates an Office of Risk Assessment and Cost-Benefit Analysis inside the Department of Agriculture. The Secretary of Agriculture must appoint a Director to run the office. The Director must make sure any regulatory study includes a risk assessment and a cost-benefit analysis done the same way each time and based on sound, reasonably available scientific, technical, economic, and other data. Starting six months after October 13, 1994, for each proposed major rule made after October 13, 1994 whose main goal is to protect human health, safety, or the environment, the Secretary must publish in the Federal Register a detailed analysis. The analysis must cover the risk and its effects (including harms to groups who are more exposed or sensitive), the costs to carry out and follow the rule, when useful a comparison to similar risks regulated by USDA or other federal agencies, and the rule’s expected benefits including how much risk it will reduce. The report must say whether the rule will advance protection and whether it will reduce risks in a cost-effective way for governments and others. These requirements do not change any law, cannot be reviewed by courts, and do not create a right to sue. The Secretary must do the studies without delaying rules that a law or court already requires. A “major regulation” means one the Secretary thinks will affect the U.S. economy by $100,000,000 per year in 1994 dollars.

Full Legal Text

Title 7, §2204e

Agriculture — Source: USLM XML via OLRC

(a)The Secretary of Agriculture shall establish in the Department of Agriculture an Office of Risk Assessment and Cost-Benefit Analysis, which shall be under the direction of a Director appointed by the Secretary.
(b)The Director shall ensure that any regulatory analysis that is conducted under this section includes a risk assessment and cost-benefit analysis that is performed consistently and uses reasonably obtainable and sound scientific, technical, economic, and other data.
(1)Effective six months after October 13, 1994, the Secretary of Agriculture shall publish in the Federal Register, for each proposed major regulation the primary purpose of which is to regulate issues of human health, human safety, or the environment that is promulgated by the Department after October 13, 1994, an analysis with as much specificity as practicable, of—
(A)the risk, including the effect of the risk, to human health, human safety, or the environment, and any combination thereof, addressed by the regulation, including, where applicable and practicable, the health and safety risks to persons who are disproportionately exposed or particularly sensitive;
(B)the costs associated with the implementation of, and compliance with, the regulation;
(C)where appropriate and meaningful, a comparison of that risk relative to other similar risks regulated by the Department or other Federal Agency, resulting from comparable activities and exposure pathways (such comparisons should consider relevant distinctions among risks, such as the voluntary or involuntary nature of risks and the preventability or nonpreventability of risks); and
(D)the quantitative and qualitative benefits of the regulation, including the reduction or prevention of risk expected from the regulation.
(2)The regulatory analysis referred to in paragraph (1) should also contain a statement that the Secretary of Agriculture evaluated—
(A)whether the regulation will advance the purpose of protecting against the risk referred to in paragraph (1)(A); and
(B)whether the regulation will produce benefits and reduce risks to human health, human safety, or the environment, and any combination thereof, in a cost-effective manner as a result of the implementation of and compliance with the regulation, by local, State, and Federal Government and other public and private entities, as estimated in paragraph (1)(B).
(3)This section shall not be construed to amend, modify, or alter any statute and shall not be subject to judicial review. This section shall not be construed to grant a cause of action to any person. The Secretary of Agriculture shall perform the analyses required in this section in such a manner that does not delay the promulgation or implementation of regulations mandated by statute or judicial order.
(c)As used in this section, the term “major regulation” means any regulation that the Secretary of Agriculture estimates is likely to have an annual impact on the economy of the United States of $100,000,000 in 1994 dollars.

Reference

Citations & Metadata

Citation

7 U.S.C. § 2204e

Title 7Agriculture

Last Updated

Apr 6, 2026

Release point: 119-73