United StatesAgriculture secretary may prioritize supplies for phosphorus and herbicides
The order gives Agriculture’s secretary authority under the Defense Production Act to prioritize and allocate resources for domestic phosphorus and glyphosate-herbicide supplies, subject to law and funding.
What it does
Agriculture’s secretary must set national priorities and allocate needed materials, services, and facilities to maintain domestic supplies of elemental phosphorus and glyphosate-based herbicides. The secretary must consult the Secretary of War and protect producers’ viability.
Domestic producers must follow the order under existing Defense Production Act rules. Implementation remains subject to law and available funding, and the order creates no enforceable private rights.
Argument forIt could reduce reliance on foreign supplies by letting Agriculture officials prioritize materials and facilities for domestic production.
Argument againstIt could affect producers’ contracts or use of facilities through federal priorities and allocations, without creating a private right to challenge the order.
More detail
The Agriculture secretary must set nationwide priorities and allocate materials, services, and facilities to maintain supplies of elemental phosphorus and glyphosate-based herbicides. The authority covers domestic supplies of elemental phosphorus and glyphosate-based herbicides, including the materials, services, and facilities needed for them. The secretary must consult the Secretary of War. The secretary must issue or revise rules and orders as needed. Those actions must not place any domestic producer’s corporate viability at risk. The authority applies when carrying out this order; the order does not set a deadline for issuing rules or allocations.
Domestic producers must comply with the order under 7 CFR part 789, and the order grants immunity provided by section 707 of the Defense Production Act. The requirement applies to domestic producers of elemental phosphorus and glyphosate-based herbicides. Implementation must follow applicable law and depends on available appropriations. The order does not create a legal right or benefit that anyone can enforce against the government or another person. These requirements apply upon implementation of the order, with no separate end date stated.
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Where it stands
- Signed
- Published
History
- 2026
- Feb 23Published in the Federal RegisterPublished
- Feb 18Signed by President Donald TrumpSigned
AgricultureNational SecurityEmergency Management