Civil Monetary Penalties Inflation Adjustments for 2026

Issuing agencies

Abstract

The United States Department of Agriculture (USDA) is issuing this notice to announce that civil monetary penalty (CMP) amounts assessed or enforced will not increase for calendar year 2026. USDA is generally required by statute to amend its regulations annually to adjust for inflation the civil monetary penalties assessed or enforced by its components. However, in accordance with guidance from the Office of Management and Budget ("OMB"), USDA will continue to use the 2025 civil monetary penalty levels because there will be no cost-of-living adjustment for 2026.

Full Text

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<title>Federal Register, Volume 91 Issue 205 (Monday, October 26, 2026)</title>
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[Federal Register Volume 91, Number 205 (Monday, October 26, 2026)]
[Notices]
[Page 67264]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-21727]


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DEPARTMENT OF AGRICULTURE

Office of the Secretary


Civil Monetary Penalties Inflation Adjustments for 2026

AGENCY: Office of the Secretary, USDA.

ACTION: Notice.

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SUMMARY: The United States Department of Agriculture (USDA) is issuing 
this notice to announce that civil monetary penalty (CMP) amounts 
assessed or enforced will not increase for calendar year 2026. USDA is 
generally required by statute to amend its regulations annually to 
adjust for inflation the civil monetary penalties assessed or enforced 
by its components. However, in accordance with guidance from the Office 
of Management and Budget (``OMB''), USDA will continue to use the 2025 
civil monetary penalty levels because there will be no cost-of-living 
adjustment for 2026.

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:

I. Statutory Process for Implementing Annual Inflation Adjustments

    In accordance with the Federal Civil Penalties Inflation Adjustment 
Act of 1990 (28 U.S.C. 2461 note), USDA is required to adjust civil 
monetary penalties periodically for inflation. The Bipartisan Budget 
Act of 2015 (Pub. L. 114-74) revised the methodology, requiring 
agencies to adjust penalties annually based on the Consumer Price Index 
for All Urban Consumers (CPI-U) for the month of October of the 
preceding year. USDA has issued annual inflation adjustments pursuant 
to this authority, most recently in its final rule on May 29, 2025 (90 
FR 22607).

II. No Adjustments for 2026

    The annual inflation adjustment is based on October CPI-U data. Due 
to the October-November 2025 lapse in appropriations, the Bureau of 
Labor Statistics did not produce October 2025 CPI-U data. The statute 
provides no alternative method for calculating the adjustment. On April 
17, 2026, the Office of Management and Budget issued Memorandum M-26-
11, instructing all Federal agencies to retain 2025 civil monetary 
penalty amounts for calendar year 2026. Accordingly, USDA will not make 
inflation adjustments for 2026.
    Consistent with the guidance provided in M-26-11, USDA is not 
making any adjustments to civil money penalties under the Inflation 
Adjustment Act in 2026.
    In 2027, USDA will undertake a thorough review of the civil 
penalties assessed or enforced by its components pursuant to the 
Inflation Adjustment Act and in accordance with guidance issued by the 
Office of Management and Budget.

Eric D. Still,
Associate Chief Financial Officer, Financial Policy and Planning, 
Office of the Chief Financial Officer.
[FR Doc. 2026-21727 Filed 10-23-26; 8:45 am]
BILLING CODE 3410-14-P


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