Key takeaways 

• On August 5, 2011, the Commodity Futures Trading Commission (the 'CFTC') adopted new part 35 of its regulations, which will permit swaps in an agricultural commodity to be transacted to the same extent as swaps in other commodities will be transacted under the Commodity Exchange Act as amended by the Dodd-Frank Act. 
• At this time, the CFTC did not act on its proposal to amend its rules on options on commodities, including options on agricultural commodities, that are still subject to restrictions on trading in the over-the-counter market.