Title 7, AgricultureRelease 119-110

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

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

Last updated Sep 22, 2026|Official source

Summary

Create an Office of Risk Assessment and Cost-Benefit Analysis at the Department of Agriculture, run by a Director the Secretary picks. The Director must make sure any regulatory review has both a risk assessment and a cost-benefit study using sound, reasonably available scientific, technical, economic, and other data. Starting six months after October 13, 1994, for each proposed major rule from the Department that mainly deals with human health, safety, or the environment, the Department must publish a detailed analysis in the Federal Register. The analysis must describe the risk and its effects (including people who are more exposed or more sensitive), the costs to carry out and follow the rule, useful comparisons to similar risks when meaningful, and the benefits (numbers and descriptions), including how much risk the rule is expected to reduce. If a full analysis is not practical for strong reasons, the Director must explain why. The analysis should say whether the rule will protect against the risk and whether it will provide benefits and reduce risks in a cost-effective way for local, State, Federal, and private groups, based on the cost estimate. These requirements do not change other laws, do not allow court review or give people a right to sue, and must not delay rules required by law or court. A "major regulation" is one the Secretary expects will affect the U.S. economy by $100,000,000 a year in 1994 dollars.

Full Legal Text

Title 7, §2204e

Agriculture, Source: USLM XML via OLRC

(a)Office of Risk Assessment and Cost-Benefit Analysis
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)Functions
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)In general
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)
(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.
Where such a regulatory analysis is not practicable because of compelling circumstances, the Director shall provide an explanation in lieu of conducting an analysis under this section.
(2)Evaluation
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)Construction
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)“Major regulation” defined
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 7, Agriculture

Last Updated

Sep 22, 2026

Release point: 119-110