Sec. 10001 Specialty crops market news allocation
Section 10107(b) of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 1622b(b)) is amended by striking “2012” and inserting “2018”.
Title X — Horticulture
X Horticulture
Sec. 10002 Repeal of grant program to improve movement of specialty crops
Section 10403 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 1622c) is repealed.
Sec. 10003 Farmers market and local food promotion program
Section 6 of the Farmer-to-Consumer Direct Marketing Act of 1976 (7 U.S.C. 3005) is amended—
in the section heading, by adding “and local food” after “market”;
in subsection (a)—
by inserting “and Local Food” after “Market”;
by striking “farmers’ markets and to promote”; and
by inserting “and local food capacity development” before the period at the end;
in subsection (b), by striking paragraph (1) and inserting the following:
“(1) In general—The purposes of the Program are to increase domestic consumption of and access to locally and regionally produced agricultural products by developing, improving, expanding, and providing outreach, training, and technical assistance to, or assisting in the development, improvement and expansion of—
“(A) domestic farmers’ markets, roadside stands, community-supported agriculture programs, agritourism activities, and other direct producer-to-consumer market opportunities; and
“(B) local and regional food enterprises that are not direct producer-to-consumer markets but process, distribute, aggregate, store, and market locally or regionally produced food products.”
in subsection (c)(1)—
by inserting “or other business entity” after “cooperative”; and
by inserting “, including a community supported agriculture network or association” after “association”;
by redesignating subsection (e) as subsection (f);
by inserting after subsection (d) the following:
“(e) Priorities—In providing grants under the Program, priority shall be given to applications that include projects that—
“(1) benefit underserved communities;
“(2) develop market opportunities for small and mid-sized farm and ranch operations; and
“(3) include a strategic plan to maximize the use of funds to build capacity for local and regional food systems in a community.”
in subsection (f) (as redesignated by paragraph (5))—
in paragraph (1)—
in the heading, by striking “Fiscal years 2008 through 2012” and inserting “Mandatory funding”;
in subparagraph (B), by striking “and” after the semicolon at the end;
in subparagraph (C), by striking the period at the end and inserting “; and”; and
by adding at the end the following:
“(D) $20,000,000 for each of fiscal years 2014 through 2018.”
by striking paragraphs (3) and (5);
by inserting after paragraph (2) the following:
“(3) Authorization of appropriations—In addition to funds made available under paragraph (1), there is authorized to be appropriated to carry out this section $20,000,000 for each of fiscal years 2014 through 2018.”
by adding at the end the following:
“(5) Use of funds
“(A) In general—Of the funds made available to carry out the Program for each fiscal year, 50 percent shall be used for the purposes described in subsection (b)(1)(A) and 50 percent shall be used for the purposes described in subsection (b)(1)(B).
“(B) Cost share—To be eligible to receive a grant for a project described in subsection (b)(1)(B), a recipient shall provide a match in the form of cash or in-kind contributions in an amount equal to 25 percent of the total cost of the project.
“(6) Administrative expenses—Not more than 10 percent of the total amount made available to carry out this section for a fiscal year may be used for administrative expenses.
“(7) Limitations—An eligible entity may not use a grant or other assistance provided under the Program for the purchase, construction, or rehabilitation of a building or structure.”
Sec. 10004 Study on local food production and program evaluation
In general— The Secretary shall—
collect data on the production and marketing of locally or regionally produced agricultural food products;
facilitate interagency collaboration and data sharing on programs related to local and regional food systems; and
monitor the effectiveness of programs designed to expand or facilitate local food systems.
Requirements— In carrying out this section, the Secretary shall, at a minimum—
collect and distribute comprehensive reporting of prices of locally or regionally produced agricultural food products;
conduct surveys and analysis and publish reports relating to the production, handling, distribution, retail sales, and trend studies (including consumer purchasing patterns) of or on locally or regionally produced agricultural food products;
evaluate the effectiveness of existing programs in growing local and regional food systems, including—
the impact of local food systems on job creation and economic development;
the level of participation in the Farmers' Market and Local Food Promotion Program established under section 6 of the Farmer-to-Consumer Direct Marketing Act of 1976 (7 U.S.C. 3005), including the percentage of projects funded in comparison to applicants and the types of eligible entities receiving funds;
the ability for participants to leverage private capital and a synopsis of the places from which non-Federal funds are derived; and
any additional resources required to aid in the development or expansion of local and regional food systems;
expand the Agricultural Resource Management Survey to include questions on locally or regionally produced agricultural food products; and
seek to establish or expand private-public partnerships to facilitate, to the maximum extent practicable, the collection of data on locally or regionally produced agricultural food products, including the development of a nationally coordinated and regionally balanced evaluation of the redevelopment of locally or regionally produced food systems.
Report— Not later than 1 year after the date of enactment of this Act and annually thereafter, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report describing the progress that has been made in implementing this section and identifying any additional needs related to developing local and regional food systems.
Sec. 10005 Organic agriculture
Organic production and market data initiatives— Section 7407 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 5925c) is amended—
in subsection (c)—
in the matter preceding paragraph (1), by inserting “and annually thereafter” after “this subsection”;
in paragraph (1), by striking “and” at the end;
by redesignating paragraph (2) as paragraph (3); and
by inserting after paragraph (1) the following:
“(2) describes how data collection agencies (such as the Agricultural Marketing Service and the National Agricultural Statistics Service) are coordinating with data user agencies (such as the Risk Management Agency) to ensure that data collected under this section can be used by data user agencies, including by the Risk Management Agency to offer price elections for all organic crops; and”
in subsection (d)—
by striking paragraph (3);
by redesignating paragraph (2) as paragraph (3);
by inserting after paragraph (1) the following:
“(2) Mandatory funding—In addition to any funds available under paragraph (1), of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section $5,000,000, to remain available until expended.”
in paragraph (3) (as redesignated by subparagraph (B))—
in the heading, by striking “for fiscal years 2008 through 2012”;
by striking “paragraph (1)” and inserting “paragraphs (1) and (2)”; and
by striking “2012” and inserting “2018”.
Modernization and technology upgrade for national organic program— Section 2123 of the Organic Foods Production Act of 1990 (7 U.S.C. 6522) is amended—
in subsection (b)—
in paragraph (5), by striking “and” at the end;
by redesignating paragraph (6) as paragraph (7); and
by inserting after paragraph (5) the following:
“(6) $15,000,000 for each of fiscal years 2014 through 2018; and”
by adding at the end the following:
“(c) Modernization and technology upgrade for national organic program
“(1) In general—The Secretary shall modernize database and technology systems of the national organic program.
“(2) Funding—Of the funds of the Commodity Credit Corporation and in addition to any other funds made available for that purpose, the Secretary shall make available to carry out this subsection $5,000,000 for fiscal year 2014, to remain available until expended.”
Sec. 10006 Food safety education initiatives
Section 10105(c) of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 7655a(c)) is amended by striking “2012” and inserting “2018”.
Sec. 10007 Coordinated plant management program
by striking the section heading and inserting “Coordinated plant management program.”;
by redesignating subsection (e) as subsection (f); and
by inserting after subsection (d) the following:
“(e) National clean plant network
“(1) In general—The Secretary shall establish a program to be known as the “National Clean Plant Network” (referred to in this subsection as the “Program”).
“(2) Requirements—Under the Program, the Secretary shall establish a network of clean plant centers for diagnostic and pathogen elimination services—
“(A) to produce clean propagative plant material; and
“(B) to maintain blocks of pathogen-tested plant material in sites located throughout the United States.
“(3) Availability of clean plant source material—Clean plant source material produced or maintained under the Program may be made available to—
“(A) a State for a certified plant program of the State; and
“(B) private nurseries and producers.
“(4) Consultation and collaboration—In carrying out the Program, the Secretary shall—
“(A) consult with—
“(i) State departments of agriculture; and
“(ii) land-grant colleges and universities and NLGCA Institutions (as those terms are defined in section 1404 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3103)); and
“(B) to the extent practicable and with input from the appropriate State officials and industry representatives, use existing Federal or State facilities to serve as clean plant centers.”
Funding— Subsection (f) of section 420 of the Plant Protection Act (7 U.S.C. 7721) (as redesignated by subsection (a)(2)) is amended—
in paragraph (3), by striking “and” at the end;
in paragraph (4), by striking “and each fiscal year thereafter.” and inserting a semicolon; and
by adding at the end the following:
“(5) $60,000,000 for each of fiscal years 2014 through 2017; and
“(6) $65,000,000 for fiscal year 2018 and each fiscal year thereafter.”
Repeal of existing provision— Section 10202 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 7761) is repealed.
Clarification of use of funds for technical assistance— Section 420 of the Plant Protection Act (7 U.S.C. 7721) (as amended by subsection (a)) is amended by adding at the end the following:
“(g) Relationship to other law—The use of Commodity Credit Corporation funds under this section to provide technical assistance shall not be considered an allotment or fund transfer from the Commodity Credit Corporation for purposes of the limit on expenditures for technical assistance imposed by section 11 of the Commodity Credit Corporation Charter Act (15 U.S.C. 714i).”
Sec. 10008 Specialty crop block grants
Section 101 of the Specialty Crops Competitiveness Act of 2004 (7 U.S.C. 1621 note; Public Law 108–465) is amended—
in subsection (a)—
by striking “subsection (j)” and inserting “subsection (l)”; and
by striking “2012” and inserting “2018”;
by striking subsection (b) and inserting the following:
“(b) Grants based on value and acreage—Subject to subsection (c), in the case of each State with an application for a grant for a fiscal year that is accepted by the Secretary of Agriculture under subsection (f), the amount of a grant for a fiscal year to a State under this section shall bear the same ratio to the total amount made available under subsection (l) for that fiscal year as—
“(1) the average of the most recent available value of specialty crop production in the State and the acreage of specialty crop production in the State, as demonstrated in the most recent Census of Agriculture data; bears to
“(2) the average of the most recent available value of specialty crop production in all States and the acreage of specialty crop production in all States, as demonstrated in the most recent Census of Agriculture data.”
by redesignating subsection (j) as subsection (l);
by inserting after subsection (i) the following:
“(j) Multistate projects
“(1) In general—Not later than 180 days after the date of enactment of the Agriculture Reform, Food, and Jobs Act of 2013, the Secretary of Agriculture shall issue guidance for the purpose of making grants to multistate projects under this section for projects involving—
“(A) food safety;
“(B) plant pests and disease;
“(C) crop-specific projects addressing common issues; and
“(D) any other area that furthers the purposes of this section, as determined by the Secretary.
“(2) Funding—Of the funds provided under subsection (l), the Secretary of Agriculture may allocate for grants under this subsection, to remain available until expended—
“(A) $1,000,000 for fiscal year 2014;
“(B) $2,000,000 for fiscal year 2015;
“(C) $3,000,000 for fiscal year 2016;
“(D) $4,000,000 for fiscal year 2017; and
“(E) $5,000,000 for fiscal year 2018.
“(k) Administration
“(1) Department—The Secretary of Agriculture may not use more than 3 percent of the funds made available to carry out this section for a fiscal year for administrative expenses.
“(2) States—A State receiving a grant under this section may not use more than 8 percent of the funds received under the grant for a fiscal year for administrative expenses.”
in subsection (l) (as redesignated by paragraph (3))—
in paragraph (2), by striking “and” at the end;
in paragraph (3), by striking the period at the end and inserting “; and”; and
by adding at the end the following:
“(4) $70,000,000 for fiscal year 2014 and each fiscal year thereafter.”
Sec. 10009 Recordkeeping, investigations, and enforcement
The Organic Foods Production Act of 1990 is amended by inserting after section 2120 (7 U.S.C. 6519) the following:
“2120A. Recordkeeping, investigations, and enforcement
“(a) Recordkeeping
“(1) In general—Except as otherwise provided in this title, all persons, including producers, handlers, and certifying agents, required to report information to the Secretary under this title shall maintain, and make available to the Secretary on the request of the Secretary, all contracts, agreements, receipts, and other records associated with the organic certification program established by the Secretary under this title.
“(2) Duration of recordkeeping requirement—A record covered by paragraph (1) shall be maintained—
“(A) by a person covered by this title, except for a certifying agent, for a period of 5 years beginning on the date of the creation of the record; and
“(B) by a certifying agent, for a period of 10 years beginning on the date of the creation of the record.
“(b) Confidentiality
“(1) In general—Subject to paragraph (2), and except as provided in section 2107(a)(9) and as otherwise directed by the Secretary or the Attorney General for enforcement purposes, no officer, employee, or agent of the United States shall make available to the public information, statistics, or documents obtained from or made available by any person under this title, other than in a manner that ensures that confidentiality is preserved regarding the identity of persons, including parties to a contract, and proprietary business information.
“(2) Violators and nature of actions—The Secretary may release the name of the violator and the nature of the actions triggering an order or revocation under subsection (e).
“(c) Investigation
“(1) In general—The Secretary may take such investigative actions as the Secretary considers to be necessary to carry out this title—
“(A) to verify the accuracy of any information reported or made available under this title; and
“(B) to determine, with regard to actions, practices, or information required under this title, whether a person covered by this title has committed, or will commit, a violation of any provision of this title, including an order or regulation promulgated by the Secretary.
“(2) Investigative powers—The Secretary may administer oaths and affirmations, subpoena witnesses, compel attendance of witnesses, take evidence, and require the production of any records required to be maintained under subsection (a) or section 2112(d) or 2116(c) that are relevant to the investigation.
“(d) Unlawful Act—It shall be unlawful and a violation of this title for any person covered by this title—
“(1) to fail or refuse to provide, or delay the timely provision of, accurate information required by the Secretary under this section;
“(2) to violate—
“(A) an order of the Secretary;
“(B) a revocation of the organic certification of a producer or handler; or
“(C) a revocation of the accreditation of a certifying agent; or
“(3) to sell, or attempt to sell, a product that is represented as being organically produced under this title (including an order or regulation promulgated under this title) if in fact the product has been produced or handled by an operation that is not yet a certified organic producer or handler under this title.
“(e) Enforcement
“(1) Order
“(A) In general—The Secretary may issue an order to stop the sale of an agricultural product that is labeled or otherwise represented as being organically produced in cases of suspected fraudulent or otherwise unlawful acts as described in subsection (d) that are willful, noncorrectable, or the subject of a combined noncompliance and adverse action until the product can be verified—
“(i) as meeting the national and State standards for organic production and handling as provided in sections 2105 through 2114;
“(ii) as having been produced or handled without the use of a prohibited substance listed under section 2118; and
“(iii) as being produced and handled by a certified organic operation.
“(B) Affirmative defense to stop sale order
“(i) In general—If a producer or handler has a valid organic certification from the Department of Agriculture, the burden shall shift to the Secretary to prove fraud or unlawful activity that is willful, noncorrectable, or the subject of a combined noncompliance and adverse action before a stop sale order under subparagraph (A) may be implemented.
“(ii) Information
“(I) In general—The producer or handler shall comply with any requests of the Secretary for documents and other information not later than 30 days after a request is made.
“(II) Noncompliance—If the producer or handler fails to comply within the period described in subclause (I), the Secretary may issue a stop sale order.
“(C) Appeal of stop sale order
“(i) In general—If the Secretary proves fraud or unlawful activity that is willful, noncorrectable, or the subject of a combined noncompliance and adverse action, the determination may be appealed through an expedited administrative appeal process.
“(ii) Deadline—The expedited appeal process shall be completed not later than 30 days after the date of the issuance of the stop sale order.
“(iii) Stay—Any stop sale order shall be stayed pending the 30 day-expedited appeal under this subparagraph.
“(2) Certification or accreditation—After notice and opportunity for an administrative appeal under section 2121, if a violation described in subparagraph (A)(ii) is determined to have occurred and is an unlawful act under subsection (d), the Secretary shall revoke the organic certification of the producer or handler, or the accreditation of the certifying agent.
“(3) Violation of order or revocation—A person who violates an order to stop the sale of a product as an organically produced product under paragraph (1), or a revocation of certification or accreditation under paragraph (2), shall be subject to 1 or more of the penalties provided under subsections (a) and (b) of section 2120.
“(f) Appeal
“(1) In general—An order under subsection (e)(1), or a revocation of certification or accreditation under subsection (e)(2)(B), shall be final and conclusive unless the affected person files an appeal of the order—
“(A) first, to the administrative appeals process established under section 2121(a); and
“(B) after a final decision of the Secretary, if the affected person so elects, to a United States district court as provided in section 2121(b) not later than 30 days after the date of the determination under subparagraph (A).
“(2) Standard—An order under subsection (e)(1)(A), or a revocation of certification or accreditation under subsection (e)(2), shall be set aside if the order, or the revocation of certification or accreditation, fails to comply with section 706 of title 5, United States Code.
“(g) Noncompliance
“(1) In general—If a person covered by this title fails to obey an order, or a revocation of certification or accreditation, described in subsection (f)(2) after the order or revocation has become final and conclusive or after the appropriate United States district court has entered a final judgment in favor of the Secretary, the United States may apply to the appropriate United States district court for enforcement of the order, or the revocation of certification or accreditation.
“(2) Enforcement—If the court determines that the order or revocation was lawfully made and duly served and that the person violated the order or revocation, the court shall enforce the order or revocation.
“(3) Civil penalty—If the court finds that the person violated the order or revocation, the person shall be subject to a civil penalty of not more than $10,000 for each offense.”
Sec. 10010 Report on honey
In general— Not later than 180 days after the date of enactment of this Act, the Secretary, in consultation with affected stakeholders, shall submit to the Commissioner of Food and Drugs a report describing how an appropriate Federal standard for the identity of honey would promote honesty and fair dealing and would be in the interest of consumers, the honey industry, and United States agriculture.
Contents— In preparing the report under subsection (a), the Secretary shall take into consideration the March 2006 Standard of Identity citizens petition filed with the Food and Drug Administration, including any current industry amendments or clarifications necessary to update that 2006 petition.
Sec. 10011 Removal of AMS inspection authority over apples in bulk bins
Definition of bulk bin— In this section, the term “bulk bin” means a bin that contains a quantity of apples weighing more than 100 pounds.
Prohibition— Notwithstanding any other provision of law, the Secretary of Agriculture, acting through the Agricultural Marketing Service, shall have no authority to inspect apples in bulk bins prior to export to Canada.
Sec. 10012 Organic product promotion orders
Exemption of certified organic products from promotion order assessments— Section 501 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7401) is amended by striking subsection (e) and inserting the following:
“(e) Exemption of certified organic products from promotion order assessments
“(1) In general—Notwithstanding any provision of a commodity promotion law, a person that produces, handles, markets, or imports organic products may be exempt from the payment of an assessment under a commodity promotion law with respect to any agricultural commodity that is certified as “organic” or “100 percent organic” (as defined in part 205 of title 7, Code of Federal Regulations (or successor regulations)).
“(2) Split operations—The exemption described in paragraph (1) shall apply to an agricultural commodity described in that paragraph regardless of whether the agricultural commodity subject to the exemption is produced, handled, or marketed by a person that also produces, handles, or markets conventional or nonorganic agricultural products, including conventional or nonorganic agricultural products of the same agricultural commodity as that for which the exemption is claimed.
“(3) Approval—The Secretary shall approve the exemption of a person under this subsection if the person maintains a valid organic certificate issued under the Organic Foods Production Act of 1990 (7 U.S.C. 6501 et seq.).
“(4) Termination of effectiveness—This subsection shall be effective until the date on which the Secretary issues an organic commodity promotion order in accordance with subsection (f).
“(5) Regulations—The Secretary shall promulgate regulations concerning eligibility and compliance for an exemption under paragraph (1).”
Organic commodity promotion order— Section 501 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7401) (as amended by subsection (a)) is amended by adding at the end the following:
“(f) Organic commodity promotion order
“(1) Definitions—In this subsection:
“(A) Certified organic farm—The term certified organic farm has the meaning given the term in section 2103 of the Organic Foods Production Act of 1990 (7 U.S.C. 6502).
“(B) Covered person—The term covered person means a producer, handler, marketer, or importer of an organic agricultural commodity.
“(C) Dual-covered agricultural commodity—The term dual-covered agricultural commodity means an agricultural commodity that—
“(i) is produced on a certified organic farm; and
“(ii) is covered under both—
“(I) an organic commodity promotion order issued under paragraph (2); and
“(II) any other agricultural commodity promotion order issued under this section.
“(2) Authorization—The Secretary may issue an organic commodity promotion order under section 514 that includes any agricultural commodity that—
“(A) is—
“(i) produced or handled (as defined in section 2103 of the Organic Foods Production Act of 1990 (7 U.S.C. 6502)); and
“(ii) certified to be sold or labeled as “organic” or “100 percent organic” (as defined in part 205 of title 7, Code of Federal Regulations (or successor regulations)); or
“(B) is imported with a valid organic certificate (as defined in that part).
“(3) Election—If the Secretary issues an organic commodity promotion order described in paragraph (2), a covered person may elect, for applicable dual-covered agricultural commodities and in the sole discretion of the covered person, whether to be assessed under the organic commodity promotion order or another applicable agricultural commodity promotion order.
“(4) Regulations—The Secretary shall promulgate regulations concerning eligibility and compliance for an exemption under paragraph (1).”
Definition of agricultural commodity— Section 513(1) of the Commodity Promotion, Research, and Information Act of 1996 (7 U.S.C. 7412(1)) is amended—
by redesignating subparagraphs (E) and (F) as subparagraphs (F) and (G), respectively; and
by inserting after subparagraph (D) the following:
“(E) products, as a class, that are produced on a certified organic farm (as defined in section 2103 of the Organic Foods Production Act of 1990 (7 U.S.C. 6502)) and that are certified to be sold or labeled as “organic” or “100 percent organic” (as defined in part 205 of title 7, Code of Federal Regulations (or successor regulations));”
Sec. 10013 Effective date
This title and the amendments made by this title take effect on October 1, 2013.