[Federal Register Volume 90, Number 109 (Monday, June 9, 2025)]
[Notices]
[Page 24267]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-10376]


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Notices
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains documents other than rules 
or proposed rules that are applicable to the public. Notices of hearings 
and investigations, committee meetings, agency decisions and rulings, 
delegations of authority, filing of petitions and applications and agency 
statements of organization and functions are examples of documents 
appearing in this section.

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Federal Register / Vol. 90, No. 109 / Monday, June 9, 2025 / 
Notices

[[Page 24267]]



DEPARTMENT OF AGRICULTURE


Guidance on Referrals for Potential Criminal Enforcement

AGENCY: Office of the General Counsel, Department of Agriculture.

ACTION: Notice.

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SUMMARY: This notice describes USDA's plans to address criminally 
liable regulatory offenses under the recent executive order on Fighting 
Overcriminalization in Federal Regulations.

FOR FURTHER INFORMATION CONTACT: Mr. Michael Poe, Office of the General 
Counsel, USDA, 1400 Independence Avenue SW, Washington, DC 20250-1400, 
(202) 769-8247.

SUPPLEMENTARY INFORMATION: On May 9, 2025, the President issued 
Executive Order (``E.O.'') 14294, Fighting Overcriminalization in 
Federal Regulations. 90 FR 20363 (published May 14, 2025). Section 7 of 
E.O. 14294 provides that within 45 days of the order, and in 
consultation with the Attorney General, each agency should publish 
guidance in the Federal Register describing its plan to address 
criminally liable regulatory offenses.
    Consistent with that requirement, USDA advises the public that by 
May 9, 2026, the Department, in consultation with the Attorney General, 
will provide to the Director of the Office of Management and Budget 
(``OMB'') a report containing: (1) a list of all criminal regulatory 
offenses \1\ enforceable by USDA or the Department of Justice 
(``DOJ''); and (2) for each such criminal regulatory offense, the range 
of potential criminal penalties for a violation and the applicable mens 
rea standard \2\ for the criminal regulatory offense.
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    \1\ ``Criminal regulatory offense'' means a Federal regulation 
that is enforceable by a criminal penalty. E.O. 14294, section 3(b).
    \2\ ``Mens rea'' means the state of mind that by law must be 
proven to convict a particular defendant of a particular crime. E.O. 
14294, section 3(c).
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    This notice also announces a general policy, subject to appropriate 
exceptions and to the extent consistent with law, that when USDA is 
deciding whether to refer alleged violations of criminal regulatory 
offenses to DOJ, officers and employees of USDA should consider, among 
other factors:
     The harm or risk of harm, pecuniary or otherwise, caused 
by the alleged offense;
     The potential gain to the putative defendant that could 
result from the offense;
     whether the putative defendant held specialized knowledge, 
expertise, or was licensed in an industry related to the rule or 
regulation at issue; and
     Evidence, if any is available, of the putative defendant's 
general awareness of the unlawfulness of his conduct as well as his 
knowledge or lack thereof of the regulation at issue.
    Consistent with E.O. 14294 and the general policy set forth above, 
the following actions shall be undertaken:
    a. Within 90 days of publication of this notice, each agency shall 
review its regulations and submit to the Office of the General Counsel 
a list of all criminal regulatory offenses enforceable by the agency or 
the DOJ and describe the applicable statutory authorities, the range of 
potential criminal penalties for a violation, and the applicable mens 
rea standard for the criminal regulatory offense;
    b. Within 120 days of publication of this notice, each agency shall 
review its directives and other internal guidance documents and submit 
to the Office of the General Counsel a list of directives and guidance 
documents that may not be consistent with E.O. 14294 and the general 
policy set forth above;
    c. Within 180 days of publication of this notice, the Office of the 
General Counsel shall make recommendations to the Secretary on actions 
to further the intent of E.O. 14294 and the general policy set forth 
above.
    This general policy is not intended to, and does not, create any 
right or benefit, substantive or procedural, enforceable at law or in 
equity by any party against the United States, its departments, 
agencies, or entities, its officers, employees, or agents, or any other 
person.

Ralph A. Linden,
Acting General Counsel, Office of the General Counsel.
[FR Doc. 2025-10376 Filed 6-6-25; 8:45 am]
BILLING CODE 3410-14-P