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
TITLE X Horticulture
SEC. 10002. Repeal of Grant Program to Improve Movement of Specialty Crops.
Effective October 1, 2013, section 10403 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 1622c) is repealed.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 inserting “ and local food” after “ farmers’ market”;
in subsection (a)—
by inserting “ and Local Food” after “ Farmers’ Market”;
by striking “ farmers’ markets and to promote”; and
by striking the period and inserting “ and assist in the development of local food business enterprises.”;
by striking subsection (b) and inserting the following:
“(b) Program Purposes.—The purposes of the Program are to increase domestic consumption of and access to locally and regionally produced agricultural products, and to develop new market opportunities for farm and ranch operations serving local markets, by developing, improving, expanding, and providing outreach, training, and technical assistance to, or assisting in the development, improvement and expansion of—
“(1) domestic farmers’ markets, roadside stands, community-supported agriculture programs, agritourism activities, and other direct producer-to-consumer market opportunities; and
“(2) local and regional food business enterprises (including those that are not direct producer-to-consumer markets) that process, distribute, aggregate, or store locally or regionally produced food products.”
in subsection (c)(1)—
by inserting “ or other agricultural business entity” after “ cooperative”; and
by inserting “ , including a community supported agriculture network or association” after “ association”;
by redesignating subsection (e) as subsection (g);
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 benefit underserved communities, including communities that—
“(1) are located in areas of concentrated poverty with limited access to fresh locally or regionally grown foods; and
“(2) have not received benefits from the Program in the recent past.
“(f) Funds Requirements for Eligible Entities.—
“(1) Matching funds.—An entity receiving a grant under this section for a project to carry out a purpose described in subsection (b)(2) shall provide matching funds in the form of cash or an in-kind contribution in an amount equal to 25 percent of the total cost of the project.
“(2) Limitation on use of funds.—An eligible entity may not use a grant or other assistance provided under this section for the purchase, construction, or rehabilitation of a building or structure.”
; and
in subsection (g) (as redesignated by paragraph (5))—
in paragraph (1)—
in the paragraph heading, by striking “ Fiscal years 2008 through 2012” and inserting “ Mandatory funding”;
in subparagraph (B), by striking “ and” 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) $30,000,000 for each of fiscal years 2014 through 2018.”
by striking paragraphs (3) and (5);
by redesignating paragraph (4) as paragraph (6); and
by inserting after paragraph (2) the following:
“(3) Authorization of appropriations.—There is authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2014 through 2018.
“(4) Use of funds.—Of the funds made available to carry out this section for a fiscal year—
“(A) 50 percent of the funds shall be used for the purposes described in subsection (b)(1); and
“(B) 50 percent of the funds shall be used for the purposes described in subsection (b)(2).
“(5) Limitation on administrative expenses.—Not more than 4 percent of the total amount made available to carry out this section for a fiscal year may be used for administrative expenses.”
SEC. 10004. 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”
; 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 made 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.”
; and
in paragraph (3) (as redesignated by subparagraph (B))—
in the paragraph 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”
; 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.”
National Organic Certification Cost-share Program.— Section 10606(d) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 6523(d)) is amended by striking paragraph (1) and inserting the following:
“(1) Mandatory funding for fiscal years 2014 through 2018.—Of the funds of the Commodity Credit Corporation, the Secretary shall make available to carry out this section $11,500,000 for each of fiscal years 2014 through 2018, to remain available until expended.”
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 a successor regulation)).
“(2) Split operations.—The exemption described in paragraph (1) shall apply to the certified ‘organic’ or ‘100 percent organic’ (as defined in part 205 of title 7 of the Code of Federal Regulations (or a successor regulation)) products of a producer, handler, or marketer 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) 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 pursuant to paragraph (2); and
“(II) any other agricultural commodity promotion order issued under section 514.
“(2) Authorization.—The Secretary may issue an organic commodity promotion order under section 514 that includes any agricultural commodity that—
“(A) is produced or handled (as defined in section 2103 of the Organic Foods Production Act of 1990 (7 U.S.C. 6502)) and that is 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 a successor regulation)); 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—
“(i) 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
“(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 a successor regulation));”
SEC. 10005. Investigations and Enforcement of the Organic Foods Production Act of 1990.
Recordkeeping by Certified Operations.— Section 2112 of the Organic Foods Production Act of 1990 (7 U.S.C. 6511) is amended by striking subsection (d).
Recordkeeping by Certifying Agents.—
by striking subsection (c);
by redesignating subsections (d) through (j) as subsections (c) through (i), respectively; and
in subsection (d) (as so redesignated), in the matter preceding paragraph (1), by striking “ subsection (d)” and inserting “ subsection (c)”.
Conforming amendment.— Section 2107(a)(8) of the Organic Foods Production Act of 1990 (7 U.S.C. 6506(a)(8)) is amended by striking “ section 2116(h)” and inserting “ section 2116(g)”.
Recordkeeping, Investigations, and Enforcement.— Section 2120 of the Organic Foods Production Act of 1990 (7 U.S.C. 6519) is amended to read as follows:
“SEC. 2120. RECORDKEEPING, INVESTIGATIONS, AND ENFORCEMENT.
“(a) Recordkeeping.—
“(1) In general.—Except as otherwise provided in this title, each person who sells, labels, or represents any agricultural product as having been produced or handled using organic methods shall make available to the Secretary or the applicable governing State official, on request by the Secretary or official, all records associated with the agricultural product.
“(2) Certified operations.—Each producer that operates a certified organic farm or certified organic handling operation under this title shall maintain, for a period of not less than 5 years, all records concerning the production or handling of any agricultural product sold or labeled as organically produced under this title, including—
“(A) a detailed history of substances applied to fields or agricultural products;
“(B) the name and address of each person who applied such a substance; and
“(C) the date, rate, and method of application of each such substance.
“(3) Certifying agents.—
“(A) Maintenance of records.—A certifying agent shall maintain all records concerning the activities of the certifying agent under this title for a period of not less than 10 years.
“(B) Access for secretary.—A certifying agent shall provide to the Secretary and the applicable governing State official (or a representative) access to all records concerning the activities of the certifying agent under this title.
“(C) Transference of records.—If a private person that was certified under this title is dissolved or loses accreditation, all records and copies of records concerning the activities of the person under this title shall be—
“(i) transferred to the Secretary; and
“(ii) made available to the applicable governing State official.
“(4) Unlawful act.—It shall be unlawful and a violation of this title for any person covered by this title to fail or refuse to provide accurate information (including a delay in the timely delivery of such information) required by the Secretary under this title.
“(5) Confidentiality.—Except as provided in section 2107(a)(9), or 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 any information, statistic, or document obtained from, or made available by, any person under this title, other than in a manner that ensures that confidentiality is preserved regarding—
“(A) the identity of all relevant persons (including parties to a contract); and
“(B) proprietary business information.
“(b) Investigations.—
“(1) In general.—The Secretary may take such investigative actions as the Secretary considers to be necessary—
“(A) to verify the accuracy of any information reported or made available under this title; and
“(B) to determine whether a person covered by this title has committed a violation of any provision of this title, including an order or regulation promulgated by the Secretary pursuant to this title.
“(2) Specific investigative powers.—In carrying out this title, the Secretary may—
“(A) administer oaths and affirmations;
“(B) subpoena witnesses;
“(C) compel attendance of witnesses;
“(D) take evidence; and
“(E) require the production of any records required to be maintained under this title that are relevant to an investigation.
“(c) Violations of Title.—
“(1) Misuse of label.—Any person who knowingly sells or labels a product as organic, except in accordance with this title, shall be subject to a civil penalty of not more than $10,000.
“(2) False statement.—Any person who makes a false statement under this title to the Secretary, a governing State official, or a certifying agent shall be punished in accordance with section 1001 of title 18, United States Code.
“(3) Ineligibility.—
“(A) In general.—Except as provided in subparagraph (C), any person that carries out an activity described in subparagraph (B), after notice and an opportunity to be heard, shall not be eligible, for the 5-year period beginning on the date of the occurrence, to receive a certification under this title with respect to any farm or handling operation in which the person has an interest.
“(B) Description of activities.—An activity referred to in subparagraph (A) is—
“(i) making a false statement;
“(ii) attempting to have a label indicating that an agricultural product is organically produced affixed to an agricultural product that a person knows, or should have reason to know, to have been produced or handled in a manner that is not in accordance with this title; or
“(iii) otherwise violating the purposes of the applicable organic certification program, as determined by the Secretary.
“(C) Waiver.—Notwithstanding subparagraph (A), the Secretary may modify or waive a period of ineligibility under this paragraph if the Secretary determines that the modification or waiver is in the best interests of the applicable organic certification program established under this title.
“(4) Reporting of violations.—A certifying agent shall immediately report any violation of this title to the Secretary or the applicable governing State official.
“(5) Violations by certifying agent.—A certifying agent that is a private person that violates the provisions of this title or falsely or negligently certifies any farming or handling operation that does not meet the terms and conditions of the applicable organic certification program as an organic operation, as determined by the Secretary or the applicable governing State official shall, after notice and an opportunity to be heard—
“(A) lose accreditation as a certifying agent under this title; and
“(B) be ineligible to be accredited as a certifying agent under this title for a period of not less than 3 years, beginning on the date of the determination.
“(6) Effect on other law.—Nothing in this title alters—
“(A) the authority of the Secretary concerning meat, poultry and egg products under—
“(i) the Federal Meat Inspection Act (21 U.S.C. 601 et seq.);
“(ii) the Poultry Products Inspection Act (21 U.S.C. 451 et seq.); or
“(iii) the Egg Products Inspection Act (21 U.S.C. 1031 et seq.);
“(B) the authority of the Secretary of Health and Human Services under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.); or
“(C) the authority of the Administrator of the Environmental Protection Agency under the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.).”
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. Consolidation of Plant Pest and Disease Management and Disaster Prevention Programs.
Relocation of Legislative Language Relating to National Clean Plant Network.— Section 420 of the Plant Protection Act (7 U.S.C. 7721) is amended—
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 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.
“(5) Funding for fiscal year 2013.—There is authorized to be appropriated to carry out the Program $5,000,000 for fiscal year 2013.”
Funding.— Subsection (f) of section 420 of the Plant Protection Act (7 U.S.C. 7721) (as so redesignated) 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) $62,500,000 for each of fiscal years 2014 through 2017; and
“(6) $75,000,000 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.
Use of Funds for Clean Plant Network.— 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) Use of Funds for Clean Plant Network.—Of the funds made available under subsection (f) to carry out this section for a fiscal year, not less than $5,000,000 shall be available to carry out the National Clean Plant Network under subsection (e).
“(h) Limitation on Indirect Costs for the Consolidation of Plant Pest and Disease Management and Disaster Prevention Programs.—Indirect costs charged against a cooperative agreement under this section shall not exceed the lesser of—
“(1) 15 percent of the total Federal funds provided under the cooperative agreement, as determined by the Secretary; and
“(2) the indirect cost rate applicable to the recipient as otherwise established by law.”
SEC. 10008. Importation of Seed.
Section 17(c) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136o(c)) is amended—
by striking “ The Secretary” and inserting the following:
“(1) In general.—The Secretary”
; and
by adding at the end the following:
“(2) Importation of seed.—Notwithstanding any other provision of law, no person is required to notify the Administrator of the arrival of a plant-incorporated protectant (as defined in section 174.3 of title 40, Code of Federal Regulations (or any successor regulation)) that is contained in a seed, if—
“(A) that plant-incorporated protectant is registered under section 3;
“(B) the Administrator has issued an experimental use permit for that plant-incorporated protectant under section 5; or
“(C) the seed is covered by a permit (as defined in part 340 of title 7, Code of Federal Regulations (or any successor regulation)) or a notification.
“(3) Cooperation.—
“(A) In general.—In response to a request from the Administrator, the Secretary of Agriculture shall provide to the Administrator a list of seed containing plant-incorporated protectants (as defined in section 174.3 of title 40, Code of Federal Regulations (or any successor regulation)) if the importation of that seed into the United States has been approved under a permit or notification referred to in paragraph (2).
“(B) Contents.—The list under subparagraph (A) shall be provided in a form and at such intervals as may be agreed to by the Secretary and the Administrator.
“(4) Applicability.—Nothing in this subsection precludes or limits the authority of the Secretary of Agriculture with respect to the importation or movement of plants, plant products, or seeds under—
“(A) the Plant Protection Act (7 U.S.C. 7701 et seq.); and
“(B) the Federal Seed Act (7 U.S.C. 1551 et seq.).”
SEC. 10009. Bulk Shipments of Apples to Canada.
by striking “ Sec. 4. Apples in” and inserting the following:
“SEC. 4. EXEMPTIONS.
“(a) In General.—Apples in”
; and
by adding at the end the following:
“(b) Bulk Containers.—Apples may be shipped to Canada in bulk containers without complying with the provisions of this Act.”
Definition of Bulk Container.— Section 9 of the Export Apple Act (7 U.S.C. 589) is amended by adding at the end the following:
“(5) The term ‘bulk container’ means a container that contains a quantity of apples weighing more than 100 pounds.”
Regulations.— Not later than 60 days after the date of enactment of this Act, the Secretary shall issue regulations to carry out the amendments made by this section.
SEC. 10010. 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), for each State whose application for a grant for a fiscal year that is accepted by the Secretary under subsection (f), the amount of the grant for that fiscal year to the State under this section shall bear the same ratio to the total amount made available under subsection (l)(1) 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.—Not later than 180 days after the effective date of the Agricultural Act of 2014, the Secretary of Agriculture shall issue guidance for the purpose of making grants to multistate projects under this section for projects involving—
“(1) food safety;
“(2) plant pests and disease;
“(3) research;
“(4) crop-specific projects addressing common issues; and
“(5) any other area that furthers the purposes of this section, as determined by the Secretary.
“(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.”
; and
in subsection (l) (as redesignated by paragraph (3))—
by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), respectively, and indenting appropriately;
by striking “ Of the funds” and inserting the following:
“(1) In general.—Of the funds”
in paragraph (1) (as so designated)—
in subparagraph (B) (as redesignated by subparagraph (A)), by striking “ and” at the end;
in subparagraph (C) (as redesignated by subparagraph (A)), by striking the period at the end and inserting a semicolon; and
by adding at the end the following:
“(D) $72,500,000 for each of fiscal years 2014 through 2017; and
“(E) $85,000,000 for fiscal year 2018 and each fiscal year thereafter.”
; and
by adding at the end the following:
“(2) Multistate projects.—Of the funds made available under paragraph (1), the Secretary may use to carry out subsection (j), 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.”
SEC. 10011. Department of Agriculture Consultation Regarding Enforcement of Certain Labor Law Provisions.
In General.— Not later than 60 days after the date of enactment of this Act, the Secretary shall consult with the Secretary of Labor regarding the restraining of shipments of agricultural commodities, or the confiscation of agricultural commodities, by the Department of Labor for actual or suspected labor law violations in order to consider—
the perishable nature of the commodities;
the impact of the restraining or confiscation on the economic viability of farming operations; and
the competitiveness of specialty crops through grants awarded to States under section 101 of the Specialty Crops Competitiveness Act of 2004 (7 U.S.C. 1621 note; Public Law 108–465).
Report.— The Secretary of Labor shall submit to the Committees on Agriculture and Education and Workforce of the House of Representative and the Committees on Agriculture, Nutrition, and Forestry and Health, Education, Labor, and Pensions of the Senate a report that describes the number of instances during the period of fiscal years 2008 through 2013 that the Department of Labor has contacted a purchaser of perishable agricultural commodities to notify that purchaser of an investigation or pending enforcement action against a producer from whom the purchaser has purchased perishable agricultural commodities.
SEC. 10012. Report on Honey.
Report.— Not later than 180 days after the date of enactment of this Act, the Secretary, in consultation with persons affected by the potential establishment of a Federal standard for the identity of honey, shall submit to the Commissioner of Food and Drugs a report describing how an appropriate Federal standard for the identity of honey would be in the interest of consumers, the honey industry, and United States agriculture.
Considerations.— In preparing the report required 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 petition.
SEC. 10013. Reports to Congress.
In General.— Not later than 180 days and 1 year after the date of enactment of this Act, the Administrator of the Environmental Protection Agency and Secretaries of Commerce, Agriculture and the Interior shall submit to the Committees on Agriculture and Natural Resources of the House of Representatives and the Committees on Agriculture, Nutrition, and Forestry and Environment and Public Works of the Senate, 2 reports that describe approaches and actions taken by the Environmental Protection Agency, the United States Fish and Wildlife Service, and the National Marine Fisheries Service—
to implement recommendations, including an analysis of how any identified delays to implementation will be overcome, of the 2013 Expert Report authored by the National Research Council of the National Academies entitled “Assessing Risks to Endangered and Threatened Species from Pesticides”;
to otherwise minimize delays in integrating—
the pesticide registration and registration review requirements of sections 3 and 33 of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a, 136w–8); and
the species and habitat protection processes described in sections 7 and 10 of the Endangered Species Act of 1973 (16 U.S.C. 1536, 1539); and
to ensure public participation and transparency during the development, implementation, and evaluation of the approaches to implement the recommendations contained in the report described in paragraph (1).
Requirement for Final Report.— In addition to the requirements of subsection (a), the final report submitted to Congress under that subsection shall—
inform Congress of specific actions that have been and will be taken to address the recommendations identified in subsection (a)(1), including an evaluation to establish that—
the approaches utilize the best available science;
reasonable and prudent alternatives within biological opinions are technologically and economically feasible;
reasonable and prudent measures are necessary and appropriate; and
the agencies ensure public participation and transparency in the development of reasonable and prudent alternatives and reasonable and prudent measures; and
update the study and report required by subsections (b) and (c) of section 1010 of Public Law 100–478 (7 U.S.C. 136a note).
SEC. 10014. Stay of Regulations.
Not later than 60 days after the date of enactment of this Act, the Secretary shall lift the administrative stay imposed under the rule of the Secretary entitled “Christmas Tree Promotion, Research, and Information Order; Stay of Regulations” and published by the Department of Agriculture on November 17, 2011 (76 Fed. Reg. 71241), on the regulations in subpart A of part 1214 of title 7, Code of Federal Regulations, establishing an industry-funded promotion, research, and information program for fresh-cut Christmas trees.
SEC. 10015. Regulation of Sulfuryl Fluoride.
Notwithstanding any other provision of law, the Administrator of the Environmental Protection Agency shall exclude nonpesticideal sources of fluoride from any aggregate exposure assessment required under section 408 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 346a) when assessing tolerances associated with residues from the pesticide.
SEC. 10016. 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; and
direct and indirect regulatory compliance costs affecting the production and marketing of locally or regionally produced agricultural food products;
facilitate interagency collaboration and data sharing on programs relating to local and regional food systems;
monitor—
the effectiveness of programs designed to expand or facilitate local food systems; and
barriers to local and regional market access due to Federal regulation of small-scale production; and
evaluate the manner in which local food systems—
contribute to improving community food security; and
assist populations with limited access to healthy food.
Requirements.— In carrying out this section, the Secretary shall, at a minimum—
collect and distribute comprehensive reporting of prices and volume 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 of 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;
evaluate the impact that Federal regulation of small commercial producers of agricultural food products intended for local and regional consumption may have on—
local job creation and economic development;
access to local and regional fruit and vegetable markets, including for new and beginning small commercial producers; and
participation in—
supplier networks;
high volume distribution systems; and
retail sales outlets;
expand the Agricultural Resource Management Survey of the Department 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 and barriers related to developing local and regional food systems.
SEC. 10017. Clarification of Use of Funds for Technical Assistance.
In the case of each program established or amended by this title that is authorized or required to be carried out using funds of the Commodity Credit Corporation, the use of those funds 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).