Specialty Crop Provisions in the 2014 Farm Bill (P.L. 113-79)

July 10, 2014 (R43632)

Contents

Figures

Tables

Summary

U.S. farmers grow more than 350 types of fruit, vegetable, tree nut, flower, nursery, and other horticultural crops in addition to the major bulk commodity crops. Specialty crops, defined in statute as "fruits and vegetables, tree nuts, dried fruits, and horticulture and nursery crops (including floriculture)" (P.L. 108-465; 7 U.S.C. §1621 note) comprise a major part of U.S. agriculture. In 2012, the value of farm-level specialty crop production totaled nearly $60 billion, representing about one-fourth of the value of U.S. crop production. The U.S. Department of Agriculture (USDA) reports that retail sales of fresh and processed fruits and vegetables for at-home consumption total nearly $100 billion annually. Exports of U.S. specialty crops totaled about $14 billion in 2013, or about 10% of total U.S. agricultural exports.

Farm bill support specifically targeting specialty crops (and also certified organic agriculture) is relatively recent. Many programs supporting specialty crops were established in the Specialty Crops Competitiveness Act of 2004 (P.L. 108-465), which was enacted outside a farm bill year. Many of the programs in the 2004 act were further expanded and reauthorized in the 2008 farm bill (Food, Conservation, and Energy Act of 2008, P.L. 110-246). Some other programs were established in the 2002 farm bill (Farm Security and Rural Investment Act of 2002, P.L. 107-171), often as pilot initiatives that have since become established programs. In addition, some programs supporting specialty crops and organic agriculture are long-standing farm support programs that benefit all agricultural producers and are regularly contained within omnibus farm legislation. These include marketing and promotion programs, crop insurance and disaster assistance, plant pest and disease protections, trade assistance, nutrition programs, and research and extension services, among other types of program support.

The 2014 farm bill (Agricultural Act of 2014, P.L. 113-79) reauthorized and expanded many of the existing farm bill provisions designed to support the specialty crop and certified organic sectors. The 2014 farm bill also provided additional program funding in some cases. Many provisions in Title X ("Horticulture") of the farm bill fall into the categories of marketing and promotion; data and information collection; pest and disease control; food safety and quality standards; and support for local foods. Title X also includes provisions benefitting certified organic agriculture producers, including USDA's National Organic Program. However, provisions supporting the specialty crop and certified organic sectors are not limited to Title X, but are also contained within several other titles of the farm bill, including the research, nutrition, and trade titles. An important source of support for the specialty crop industry includes fruit and vegetable purchases under USDA's domestic nutrition assistance programs.

Despite this wide range of program support, overall program spending for specialty crops and organic agriculture still accounts for a small share of estimated total farm bill spending and remains lower than spending levels for program commodity crops (such as corn, soybeans, grains, dairy, and other farm commodities). Total mandatory spending for specialty crops and organic agriculture under the 2014 farm bill is expected to average about $773 million annually (FY2014-FY2018). In addition, individual specialty crop and organic producers generally do not directly benefit from the same types of federal commodity price and income support programs that benefit producers of commodity crops.

Other federal agencies also play important roles in the specialty crop industry—either indirectly supporting or overseeing the industry—but are not addressed in this report. For information, see CRS Report R42771, Fruits, Vegetables, and Other Specialty Crops: Selected Farm Bill and Federal Programs.


Specialty Crop Provisions in the 2014 Farm Bill (P.L. 113-79)

Introduction

Specialty crops, defined as "fruits and vegetables, tree nuts, dried fruits, and horticulture and nursery crops (including floriculture),"1 comprise a major part of U.S. agriculture. In 2012, the value of farm-level specialty crop production totaled nearly $60 billion, representing about one-fourth of the value of U.S. crop production (Table 1). Despite their relatively large share of crop receipts, specialty crops occupy only about 3% of U.S. harvested cropland acres.2 The U.S. Department of Agriculture (USDA) reports that retail sales of fresh and processed fruits and vegetables for at-home consumption total nearly $100 billion annually.3 Exports of U.S. specialty crops totaled about $14 billion in 2013, or about 10% of total U.S. agricultural exports.4

Table 1. U.S. Crop Production Statistics, Commodity and Horticultural Crops

 

2012

 

Farms (1,000)

Sales ($ billion)

Sales (%)

Total U.S. Agriculture

 

 

 

Crops, including nursery and greenhouse

1,032

212.4

54%

Livestock, poultry, and their products

1,005

182.2

46%

Total

2,109

394.6

100%

Commodity crops

 

 

 

Grains, oilseeds, dry beans, dry peas

503

131.1

62%

Cotton & Tobacco

28

7.6

4%

Other crops and hay

479

16.1

8%

Subtotal

1,010

154.8

73%

Specialty Crops

 

 

 

Vegetables, melons, potatoes

72

16.9

8%

Fruits, tree nuts, and berries

106

25.9

12%

Nursery, greenhouse, floriculture

53

14.5

7%

Cut trees, and short rotation woody crops

13

0.3

0%

Subtotal

244

57.6

27%

Total, Crops, incl. nursery, greenhouse

1,032

212.4

100%

Source: CRS from USDA, 2012 Census of Agriculture (Table 2, Market Value of Agricultural Products Sold), http://www.agcensus.usda.gov/Publications/2012/Full_Report/Volume_1,_Chapter_1_US/st99_1_002_002.pdf. The total number of farms does not add since the totals include mixed farming operations.

In 2012, about 244,000 farming operations grew more than 350 types of fruit, vegetable, tree nut, flower, nursery, and other horticultural crops in addition to the major bulk commodity crops.5 Specialty crop production is focused in California, Florida, Washington, Oregon, North Dakota and Michigan; however, every state has some commercial specialty crop production within its borders. USDA data illustrate the nationwide distribution of areas producing vegetables (Figure 1), fruits and tree nuts (Figure 2), and floriculture crops6 (Figure 3).

A majority of specialty crop producers are considered specialized, which means that they receive at least half of their gross value of production from the sale of vegetables, fruits, tree nuts or other horticultural crops. These specialized farms rely mostly on specialty crop production for their farm income, even though they may be also engaged in other forms of agricultural production. USDA reports that about 50% of all vegetable growers and 80% of fruit and tree nut growers are considered specialized; however, specialized farms account for 90-95% of the total value of U.S. specialty crop production.7 Conditions may vary considerably by major production region. Specialized fruit and vegetable farms are more concentrated in the Western United States, including California, Washington, and Oregon. Some farms also participate in the major commodity support programs, but these tend to be more concentrated in the Midwestern states.

Figure 1. Vegetables, Acres Harvested for Sale, 2012

(vegetables and melons harvested)

Source: USDA, NASS, 2012 Census of Agriculture, Specialty Crops.

Figure 2. Acres of Land in Orchards as Percent of Cropland Acreage, 2012

(fruits, tree nuts, berries, nursery and greenhouse crops)

Source: USDA, NASS, 2012 Census of Agriculture, Specialty Crops. Data are per county.

Figure 3. Number of Farms with Floriculture Crops Grown for Sale, 2012

(farms with floriculture crops grown for sale)

Source: USDA, NASS, 2012 Census of Agriculture, Specialty Crops.

For some specialty crop producers, obtaining organic certification to sell their products as "organic" represents a viable business strategy. Organic agriculture accounts for a small but growing share of the U.S. farming sector. USDA reports that farm sales from organic fruit and vegetable operations total more than $1 billion annually, or about 4% of all farm-level fruit and vegetable sales in the United States.8 (Organic production includes certified organic fruits, vegetables, and tree nuts, as well as meat and dairy foods, and organic commodity crops.)

Legislative Support for U.S. Specialty Crops

Comparison with More Traditional Types of Farm Bill Support

Support for U.S. specialty crops differs in important ways from the types of traditional farm bill support for U.S. commodity crops, such as corn, soybeans, grains and other farm commodities.9

Farm Bill Support for Specialty Crops is Relatively Recent

Farm bill programs supporting commodity crop production have been in place since the 1930s, and were intended to address Depression-era market conditions, address soil erosion and related production concerns associated with the Dust Bowl, and implement farmland conservation reforms. In contrast, farm bill support for specialty crops is relatively recent.

During the past few farm bill debates, specialty crop producers argued that their sectors should occupy a larger role in farm bill policy discussions and that some of the benefits supporting major commodity producers should be extended to specialty crop and organic producers, in order to create "a broader, more equitable farm bill."10 Several programs addressing specialty crops specifically were initially established in the Specialty Crops Competitiveness Act of 2004 (P.L. 108-465), which was enacted outside a farm bill year. Many of the programs in the 2004 act were further expanded and reauthorized in the 2008 farm bill (Food, Conservation, and Energy Act of 2008, P.L. 110-246). The 2008 farm bill was also the first to include a separate farm bill title dedicated to specialty crops and organic agriculture (Title X). Some programs had also been established in the 2002 farm bill (Farm Security and Rural Investment Act of 2002, P.L. 107-171), often as pilot initiatives that have since become established programs. The 2014 farm bill (Agricultural Act of 2014, P.L. 113-79) reauthorized and expanded many of the existing farm bill provisions supporting farming operations in the specialty crop and certified organic sectors.

Farm Bill Support for Specialty Crops is Mostly Indirect

Although programs specifically supporting specialty crops are now part of the omnibus farm bill, the scope of that support differs from that traditionally employed to support commodity crops. Specifically, individual specialty crop producers do not directly benefit from the same types of federal commodity price and income support programs that benefit producers of commodity crops. Specialty crops are ineligible for these types of direct benefits.11

Unlike programs supporting the production of specific commodity crops, farm bill programs tailored to support specialty crops provide benefits that accrue to all specialty crop producers and generally do not accrue to individual produce growers directly. These types of programs include marketing and promotion programs, crop insurance and disaster assistance, plant pest and disease protections, trade assistance, and research and extension services, among other types of indirect support. The industry also benefits from fruit and vegetable purchases under various food and nutrition programs. In addition, specialty crop producers are also eligible for other types of USDA support that is generally available to all U.S. crop and livestock producers.

Specialty Crops Account for Small Share of Total Farm Bill Spending

Despite the wide range of program support for specialty crops, federal program spending for specialty crops remains a small share of total farm bill spending and remains lower than spending for commodity crops, even when considering both mandatory and discretionary funding levels.12 Precise estimates of total mandatory and discretionary sources of funding are difficult to measure, given that support for specialty crops is spread across a wide range of USDA programs and not within a price and income support program such as that available for most of the major commodity crops. Following the 2008 farm bill, an average of approximately $676 million annually (FY2008-FY2012) in mandatory program funding was authorized to be spent on specialty crops and organic agriculture, mostly through government purchases of fruits and vegetables for domestic nutrition and feeding programs (Table 2). The 2014 farm bill reauthorized many of the existing farm bill provisions and also increased spending for some programs supporting specialty crops. Total mandatory spending for specialty crops and organic agriculture is expected to be higher and average $773 million annually (FY2014-FY2018). The 2014 farm bill also authorized another roughly $302 million in average annual appropriations across certain programs. See also Table 2.

Although the 2014 farm bill provided for an increase above current funding levels, total mandatory spending for specialty crops and organic agriculture will still account for a small share of estimated total farm bill spending and will remain well below spending levels for commodity crops. Mandatory spending for the major commodity crops is expected to average about $4.7 billion per year under the 2014 farm bill (FY2014-FY2018), mostly through direct price and income support.13 This does not reflect additional higher spending for crop insurance.

Table 2. Authorized USDA Funding Levels for Specialty Crops & Organic Agriculture

Annual Average for FY2014-FY2018 (2014 Farm Bill), with FY2008-FY2012 (2008 Farm Bill) Comparisons

Program Name2014 Farm Bill (P.L. 113-79), Section number

Funding Type

Annual Average ($million)

FY2008-FY2012

2014 Farm Bill funding levels (FY2014-FY2018)

Mandatory

Mandatory

Discretionary

Specialty Crops

Technical Assistance for Specialty Crops (TASC) (§3205)

Mandatory

$7

$9

NA

Section 32 Purchases (with new pilot) (§4201, §4202)

Mandatory

$398

$406

NA

Senior Farmers' Market Nutrition Program (§4203)

Mandatory

$21

$21

NA

Healthy Food Financing Initiative (§4206)

Discretionarya

NA

NA

$25

Food Insecurity Nutrition Incentive Program (§4208)

Mandatory/Discretionaryb

$4

$27

$5

Fruit and Vegetable Program (with new pilot) (§4214)

Mandatory/Discretionary

$101

$150

NA

Value-Added Agric. Mkt. Develop. & Prog. Grants (§6203)

Mandatory/Discretionarya

$3

$13

$40

Specialty Crop Research Initiative (SCRI) (§7306)

Mandatory/Discretionary

$46

$80

$25

Specialty Crop Block Grant Program (§10010)

Mandatory

$45

$75

NA

Farmer's Market & Local Food Promotion Prog. (§10003)

Mandatory

$7

$30

$10

Specialty Crops Market News Allocations (§10001)

Discretionary

$9

$9

NA

Food Safety Education Initiatives (§10006)

Discretionarya

NA

NA

$1

Plant Pest and Disease Prevention Program (§10007)

Mandatory

$35

$65

$1

Subtotal

 

$676

$739

$257

Certified Organic (all crops and livestock)

Organic Agric. Research & Extension Initiative (§7211)

Mandatory/Discretionary

$16

$20

$25

National Organic Certific. Cost-Share Prog. (§10004(c))

Mandatory

$4

$12

NA

Organic Prodt. & Market Data Initiatives, ODI (§10004(a))

Mandatory/Discretionarya

$1

$1

$5

National Organic Program, NOP (§10004(b))

Mandatory/Discretionarya

na

$1

$15

Subtotal

 

$21

$34

$45

TOTAL

 

$697

$773

$302

Source: CRS, from the 2014 farm bill (P.L. 113-79) and the 2008 farm bill (P.L. 110-246). Section numbers shown in parentheses are for 2014 law. Annual average is the simple average over the five year period. Total funding for the five-year period includes program funding that may have been allocated on a one-time basis (often made available until expended). Excludes programs that are available to all agricultural producers (such as conservation programs, trade promotion programs, etc.) where the specialty crop portion is not readily identifiable. NA = "Not Applicable."

Notes: Mandatory funding is made available by multiyear authorizing legislation and does not require annual appropriations or subsequent action by Congress. Discretionary spending requires appropriations action.

a. Authorized appropriations are at levels "to remain available until expended."

b. 2008 farm bill funding levels refer to a different but related program (SNAP Pilot Projects (§4141). SNAP refers to the Supplemental Nutrition Assistance Program (formerly known as the "food stamp" program).

2014 Farm Bill (P.L. 113-79)

The 2014 farm bill (Agricultural Act of 2014, P.L. 113-79) reauthorized and expanded many of the existing farm bill provisions supporting the specialty crop and certified organic sectors, and also provided for additional program funding in some cases.

Many provisions in Title X ("Horticulture") fall into the categories of marketing and promotion; organic certification; data and information collection; pest and disease control; food safety and quality standards; and local foods. Title X also includes provisions benefitting certified organic agriculture producers such as USDA's National Organic Program, certification cost sharing, development of crop insurance mechanisms for organic producers, and various data initiatives. However, farm bill provisions supporting specialty crops and organic agriculture are not limited to the Horticulture title, but are contained within several other titles of the farm bill including the trade, nutrition, research, rural development, crop insurance titles, conservation, and the miscellaneous titles (see text box on next page).

Table 3 at the end of this report provides a summary and side-by-side of selected provisions supporting specialty crop and certified organic producers in the 2014 farm bill (P.L. 113-79), comparing the final enacted provisions with the House-passed (H.R. 3102) and Senate-passed (S. 954) bills and prior law and/or policy.

Among the key programs supporting specialty crop producers in Title X are USDA's Specialty Crop Block Grant Program and its Plant Pest and Disease Prevention Programs; data collection and Market News compilations; and also expanded support for USDA's Farmer's Market and Local Food Promotion Program and related data collection efforts; among other programs. Some key programs in Title X supporting certified organic producers are: continued support for USDA's National Organic Program (NOP); Organic Production and Market Data Initiatives (ODI); and the National Organic Certification Cost Share Program (NOCCSP). The 2014 farm bill also gives USDA authority to consider an application for a research and promotion order (or "checkoff" program) for the organic sector. Title X also included other provisions that provide for specific exemptions from certain regulatory requirements under some laws, such as the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the Endangered Species Act (ESA).

The Congressional Budget Office (CBO) estimates that mandatory spending for specialty crops and organic agriculture under Title X would increase $338 million over the next five years (FY2014-FY2018).14 Increased funding for several key programs benefitting specialty crop producers in Title X include the Specialty Crop Block Grant Program, plant pest and disease programs, and programs supporting farmers' markets and local foods, among other programs.

Provisions supporting the specialty crop and certified organic sectors are also contained within other titles of the farm bill. Several farm bill titles also include provisions that expand opportunities for local food systems and also beginning farmers and ranchers, which oftentimes include both specialty crop and certified organic producers.




Selected Specialty Crop Provisions in the 2014 Farm Bill (P.L. 113-79)

Commodities (Title I)

  • Planting Flexibility (§1114(e))
  • Selected Supplemental Agricultural Disaster Assistance programs (§1501)
  • Adjusted Gross Income (AGI) limit (Conservation) (§1605)

Conservation (Title II)

  • Conservation programs incentives and compliance (§§2207, 2602, 2611)

Trade (Title III)

  • Market Access Program (MAP) (§3102)
  • Technical Assistance for Specialty Crops (TASC) (§3205)
  • Undersecretary of Agriculture for Trade and Foreign Affairs (§3209)

Nutrition (Title IV)

  • Fresh Fruit and Vegetable ("Snack") Program (§4201)
  • Pilot project for procurement of unprocessed fruits and vegetables (§4202)
  • Senior Farmers' Market Nutrition Program (§4203)
  • Healthy Food Financing Initiative (§4206)
  • Food Insecurity Nutrition Incentive program (§4208)
  • Fruit and Vegetable Program with pilot program (§4214)

Rural Development (Title VII)

  • Value-Added Agricultural Market Development and Program Grants (§6203)

Research (Title VII)

  • Specialty Crop Committee Report (§7103)
  • Citrus Disease Research and Development Trust Fund (§7103, §7306)
  • Specialty Crop Research Initiative (SCRI) (§7306)
  • Office of Pest Management Policy (§7309)
  • Emergency Citrus Disease Research and Extension Program, Specialty Crops Subcommittee (§7103, §7306)
  • High-Priority Research and Extension regarding Pollinator Protection (§7209)
  • Horticulture and Organic Agriculture (Title X)
  • Specialty Crops Market News Allocations (§10001)
  • Food Safety Education Initiatives (§10006)
  • Plant Pest and Disease Prevention Program (§10007)
  • Export Apple Act (§10009)
  • Specialty Crop Block Grant program (§10010)
  • Farmer's Market and Local Food Promotion Program (§10003)
  • Data collection on production and marketing of local/regional agricultural foods (§10016)
  • Labor Standards (§10011)
  • Biological Opinions (§10013)

Crop Insurance (Title XI)

  • Crop Insurance Safeguards (§11011)
  • Study of Food Safety Insurance (§11022)

Miscellaneous (Title XII)

  • Scientific and Economic Analysis of the FDA Food Safety Modernization Act (FSMA) (§12311)

Source: CRS, with information from USDA's Economic Research Service and the United Fresh Produce Association.

Similar to that for specialty crops, provisions supporting certified organic production are not limited to the Horticulture title, but are contained within several other titles of the farm bill.

Selected Organic Agriculture Provisions in the 2014 Farm Bill (P.L. 113-79)

Conservation (Title II)

•EQIP Organic Initiative (§2202)

Trade (Title III)

•Market Access Program (MAP) (§3102)

Research (Title VII)

•Organic Agriculture Research and Extension Initiative (§7211)

•Integrated Research, Education, and Extension Competitive Grants—Organic Transitions (ORG) (§7302)

Horticulture and Organic Agriculture (Title X)

•National Organic Certification Cost-Share Program (§10004(d)-(f))

•Organic Production and Marketing Data Collection (§10004(c))

•National Organic Program (§10004(b), §10005)

Source: Compiled by CRS, including information from USDA's Economic Research Service (ERS) and the National Sustainable Agriculture Coalition (NSAC)

A number of programs benefitting specialty crop and organic production are contained in the farm bill's Research title (Title VII). These include research programs such as the Specialty Crop Research Initiative (SCRI), the Organic Agriculture Research and Extension Initiative (OREI), and the Organic Transitions Program (ORG) under the Integrated Research, Education, and Extension Competitive Grants Program. The title also provides for an Office of Pest Management Policy as well as a Specialty Crops Subcommittee to implement an Emergency Citrus Disease Research and Extension Program, Specialty Crops Committee. The bill also provides for continued support of USDA's pollinator protection efforts, as an area of "High-Priority Research and Extension."15

Perhaps most importantly in terms of overall annual spending, the nutrition title (Title IV) provides support for the specialty crop industry through a series of programs that provide for fruit and vegetable purchases under USDA's domestic nutrition assistance programs. Provisions supporting specialty crop producers within the farm bill's Nutrition title (Title IV) include the Fresh Fruit and Vegetable (Snack) Program and related pilot programs regarding procurement of unprocessed and also canned, frozen or dried fruits and nuts; Section 32 purchases for fruits and vegetables under the Nutrition title; Senior Farmers' Market Nutrition Program; and other expanded or new programs associated with the Supplemental Nutrition Assistance Program (SNAP)16 or other domestic feeding programs. The 2014 farm bill also created the Food Insecurity Nutrition Incentive program to establish projects that incentivize SNAP participants to buy fruits and vegetables.

In the bill's Trade title (Title III), two programs—Technical Assistance for Specialty Crops (TASC) and the Market Access Program (MAP)—support specialty crop and certified organic producers, as well as other U.S. crop and livestock producers. The Value-Added Producer Grant Program, in the bill's Rural Development title (Title VI), also supports specialty crop and organic producers, among other U.S. crop and livestock producers.

In the miscellaneous title of the 2014 farm bill, the Noninsured Crop Assistance Program (NAP) was reauthorized, and included a provision to cover producers with fruit crop losses in 2012 in counties declared a disaster due to freeze or frost. Also, as part of the farm bill's Supplemental Disaster Assistance Programs (Title I), two programs were reauthorized—the Tree Assistance Program (TAP) and the Emergency Assistance for Livestock, Honey Bees, and Farm-Raised Fish Program (ELAP), which might provide benefit to some specialty crop producers. The farm bill also provides for USDA to continue to look into crop insurance products that might better benefit U.S. specialty crop and certified organic producers, as part of the 2014 farm bill's Crop Insurance and Disaster Assistance Programs (Title XI).

A range of programs in the farm bill's Conservation title (Title II) also support specialty crop and certified organic producers, along with all U.S. crop and livestock producers, such as the Environmental Quality Incentives Program (EQIP), the Conservation Stewardship Program (CSP), and the Conservation Reserve Program (CRP). In particular, EQIP provides support for organic producers seeking to transition to organic, as part of the EQIP Organic Initiative.

For more detailed information on some of the programs listed here, see CRS Report R42771, Fruits, Vegetables, and Other Specialty Crops: Selected Farm Bill and Federal Programs, and also CRS Report R43332, SNAP and Related Nutrition Provisions of the 2014 Farm Bill (P.L. 113-79) . See also the section titled "Provisions for Specialty Crop Producers" in CRS Report R43494, Crop Insurance Provisions in the 2014 Farm Bill (P.L. 113-79).

Programs described in this report supporting specialty crops and organic agriculture are administered by various USDA agencies, including the Agricultural Marketing Service (AMS), Animal and Plant Health Inspection Service (APHIS), Food and Nutrition Service (FNS), Risk Management Agency (RMA), Farm Service Agency (FSA), National Institute of Food and Agriculture (NIFA), Agricultural Research Service (ARS), Natural Resources Conservation Service (NRCS), Foreign Agricultural Service (FAS), and Rural Development (RD).

Aside from USDA, other federal agencies play a role in the specialty crop industry. These include agencies that oversee food safety requirements for fruits, vegetables, and other specialty crops, such as the Food and Drug Administration (FDA) and the Environmental Protection Agency (EPA), and agencies that oversee global trade, such as the Department of Commerce and the U.S. International Trade Commission, among others. These programs are generally not under the jurisdiction of the House and Senate Agriculture Committees and so are not part of the periodic omnibus farm bill, and therefore not covered in this report. For more information on these programs, see CRS Report R42771, Fruits, Vegetables, and Other Specialty Crops: Selected Farm Bill and Federal Programs.

Table 3. Selected Provisions Supporting Specialty Crop Producers and Organic Agriculture in the 2014 Farm Bill (P.L. 113-79)

Comparisons with the Senate-Passed (S. 954) and House-Passed (H.R. 2642) Bills and Prior Law/Policy

Prior Law/Policy

Senate-passed bill (S. 954)

House-passed bill (H.R. 2642, incl. H.R. 3102 text)

Enacted 2014 Farm Bill (P.L. 113-79)

Title I. Commodities (Selected Provisions)

Planting flexibility: Any crop could be planted on base acres to receive program benefits, except fruits, vegetables (other than mung beans and pulse crops), and wild rice. Exceptions provided for farms and producers with a history of double-cropping or history of growing fruits and vegetables; in this case, direct and counter-cyclical payments are reduced acre-for-acre for the year. [7 U.S.C. 8717, 8756] A pilot program beginning in 2009 in seven Midwestern states allowed planting of fruits and vegetables for processing on base acres. Base acres were temporarily reduced for the year, but restored for the next crop year and "considered planted" for future base calculations. [7 U.S.C. 8717(d)]

No crop planting limitations on base acres for new farm programs.

Same as Senate bill.

Any crop may be planted without effect on base acres. However, payment acres on a farm are reduced in any crop year in which fruits, vegetables (except mung beans and pulse crops), or wild rice have been planted on base acres. Reduction to payment acres is equal to the base acres planted to these crops in excess of 15% of base acres for either the Price Loss Coverage or county coverage under the Agriculture Risk Coverage (ARC) program, and in excess of 35% of base acres for ARC individual coverage. [Sec. 1114(e)]

Beginning in 2008, five new disaster programs were authorized and funded for disasters occurring on or before 9/30/11. [7 U.S.C. 1531] Program funding derived from a transfer of 3.08% of annual customs receipts to the newly created Agricultural Disaster Relief Trust Fund. [19 U.S.C. 2497(a)] Under P.L. 112-240, most were reauthorized (but not funded) for FY2012 and FY2013.Two of these programs included:

Emergency Assistance for Livestock, Honey Bees, and Farm-Raised Fish Program (ELAP) provided up to $50 million annually to compensate producers for disaster losses not covered under other disaster programs; and

Tree Assistance Program (TAP) provided payments to eligible orchardists and nursery growers to cover 70% of the cost of replanting trees or nursery stock and 50% of the cost of pruning/removal following a natural disaster.

To be eligible for these programs, a producer must purchase crop insurance or coverage under NAP. Maximum payments set at $100,000 per person per year for ELAP. TAP has a separate limit of $100,000 and payment acreage not to exceed 500 acres.

Maximum funding for ELAP is $15 million annually. TAP payment rate for replanting is reduced from 70% to 65%. Retains the combined $100,000 per person payment limit for LIP, LFP, and ELAP. Retains the separate limit of $100,000 for TAP and the 500-acre limit.

Maximum funding for ELAP is $20 million annually. TAP payment rate for replanting is reduced from 70% to 65%. Combined payment limit of $125,000 per person for LIP, LFP, and ELAP. Retains separate limit of $125,000 for TAP and the 500-acre limit.

Adopts House provision. [Sec. 1501]

Title II. Conservation (Selected Provisions)

EQIP Organic Initiative. Sec.1240A of the Food Security Act of 1985 (FSA) (P.L. 99-198, or the 1985 farm bill), as amended by Section 2503 of the 2008 farm bill provide for transitional support to organic producers under the Environmental Quality Incentives Program (EQIP). [16 U.S.C. 3839] Assists producers with planning and implementing conservation practices and, for producers who are not certified or exempt from certification, to develop and work towards implementing an Organic System Plan (OSP) to meet the National Organic Program (NOP) organic certification through USDA. Provides financial and technical assistance to implement conservation practices and planning to address resource concerns associated with organic operations (limited to totals of a maximum of $20,000 per fiscal year and no more than $80,000 over the six year farm bill), if producers meet all the other eligibility requirements under EQIP.

Incorporates the definition of the National Organic Program into the definition of an organic system plan. [Sec. 2202]

No comparable provision.

Adopts Senate provision. [Sec. 2202]

Title III. Trade (Selected Provisions)

Market Access Program (MAP). Provides Commodity Credit Corporation (CCC) funding of export market development for U.S. agricultural commodities (generic and branded) by eligible trade organizations. Authorizes CCC funding of $200 million annually. Provides also for market development for products that are organically-produced. [7 U.S.C. 5623]

Reauthorizes MAP at current mandatory funding levels of $200 million annually through FY2018. [Sec. 3102]

Identical to the Senate bill. [Sec. 3102]

Reauthorizes MAP at $200 million annually through FY2018. [Sec. 3102]

Technical Assistance for Specialty Crops (TASC). Authorizes USDA to address barriers prohibiting or threatening exports of U.S. specialty crops. Authorizes mandatory CCC funds reaching $9 million annually (FY2011-FY2013). [7 U.S.C. 5680]

Reauthorizes TASC at current mandatory funding levels of $9 million annually through FY2018. [Sec. 3205]

Reauthorizes TASC at current funding levels and requires USDA to conduct a study of the U.S. market for Atlantic Spiny Dogfish. [Sec. 3205]

Reauthorizes TASC at current funding levels, and requires report similar to that as required by the House bill. [Sec. 3205]


Title IV. Nutrition (Selected Provisions, Food Distribution for Child Nutrition Programs)

USDA Fruit, Vegetable, Nut Purchases. The 2002 farm bill required USDA to purchase a minimum of $200 million per year of additional fruits, vegetables, and tree nuts for use in domestic nutrition assistance programs. The 2008 farm bill required additional purchases reaching $206 million per year (in FY2012 and each year thereafter). Of these added purchases, at least $50 million annually is required for USDA fresh fruit and vegetable acquisitions for schools. (The Department of Defense Fresh Fruit and Vegetable Program ("DoD Fresh") is one of the ways this is accomplished). [7 U.S.C. 612c-4]

Establishes that the $50 million fresh fruit and vegetable acquisition requirement remains in effect through FY2018. [Sec. 4201]

Establishes that the $50 million fresh fruit and vegetable acquisition requirement remains in effect through FY2016. Includes a pilot grant program that would allow 5 states to use this fresh fruit and vegetable funding for their own local sourcing of produce. [Sec. 4049] [See also Sec. 4050 below]

Reauthorizes program as required by the Senate bill. [Sec. 4201]

Requires USDA to carry out a pilot project for up to eight states participating in the National School Lunch Program to have additional flexibility in purchasing fresh fruits and vegetables from multiple suppliers and allow for geographic preference. [Sec. 4202]

Farm-to-School Programs. Section 9(d) of the Russell National School Lunch Act encourages schools to use available school lunch funds for local food purchases and to incorporate a local preference [42 U.S.C. 1758(d)]. Schools redeem National School Lunch Program commodity entitlement food assistance based on USDA's purchases and offerings [42 U.S.C. 1754]. P.L. 111-296 authorized and provided $4 million for farm-to-school projects. [42 U.S.C. 1769(g)]

Requires USDA to conduct demonstration projects "to facilitate the purchase of unprocessed and minimally processed locally grown and locally raised" products for schools that participate in the National School Lunch and School Breakfast Programs. [Sec. 4208]

Allows USDA to permit school food authorities with low annual commodity entitlement values to substitute local foods entirely or partially for USDA provided foods. Gives USDA discretion to establish cost-neutral farm-to-school demonstration projects. [Sec. 4050]

[See Sec. 4202 above]

Senior Farmers' Market Nutrition Program. Authorizes and provides $20.6 million annually for the Senior Farmers' Market Nutrition Program through FY2012. [7 U.S.C. 612c-4(b)]

Reauthorizes and continues to provide Commodity Credit Corporation (CCC) mandatory funding of $20.6 million annually through FY2018. [Sec. 4202]

Provides CCC mandatory funding of $20.6 million annually through FY2016. Expands eligibility from "low-income seniors" to "low-income seniors and low-income families who are determined to be at nutritional risk." Requires at least 50% of the funds to be reserved for seniors. Adds an authorization to appropriate "such sums as are necessary." [Sec. 4046]

Similar to the Senate bill except that funds are retroactively available to the start of FY2014. [Sec. 4203]

Fresh Fruit and Vegetable Program. Provides fruit and vegetable snacks to school children throughout the day, Purchases are limited to fresh fruits and vegetables. Program is permanently authorized and permanently funded. Available funds reach $150 million on July 1, 2011, and on July 1, 2012, and each July 1 thereafter, the amount made available for the preceding fiscal year, adjusted for inflation. [42 U.S.C. 1769]

No comparable provision.

Changes the name of the program to "Fruit and Vegetable Program." Would allow purchase and provision of frozen, canned, dried fruits and vegetables. [Sec. 4048]

Requires USDA to administer a pilot project, in which at least five states that participate in the Fresh Fruit and Vegetable Program offer frozen, canned, and dried fruits and vegetables. Provides $5 million in mandatory funding to implement and evaluate the pilot. [Sec. 4214]

Hunger-free Community Grants. The 2008 farm bill authorized appropriations of such sums as are necessary through FY2012 for matching grants (1) to food program service providers and nonprofits for collaborative efforts to assess community hunger problems and to achieve "hunger-free communities" and (2) to emergency feeding organizations for infrastructure development. Available funding is divided equally between these 2 grant initiatives, and the federal matching percentage is limited to 80%. Authorized pilot projects are designed to improve the health status of participants. [7 U.S.C. 2026(k)]

Extends and amends the hunger-free community grants to "incentive grants" for projects that incentivize Supplemental Nutrition Assistance Program (SNAP) participants to buy fruits and vegetables. Limits federal cost share to 50%. Provides $100 million in mandatory funding over 5 years. Discretionary authority of $5 million per year. [Sec. 4204]

No comparable provision.

Similar to the Senate bill except that the incentive grant program is named "Food Insecurity Nutrition Incentive." [Sec. 4208]

Currently, the Administration administers a Healthy Food Financing Initiative (HFFI) by requesting appropriations for several existing statutory authorities in order to provide grants and tax credits to support development of food retailers in underserved communities. Since 2010, the Administration has operated related programs at USDA, Health and Human Services (HHS), and/or Treasury.

Authorizes appropriations of $125 million to remain available until expended. USDA is authorized to approve a "national fund manager" to administer funds by supporting food retail projects that would "expand or preserve access to staple foods" and accept food stamp benefits. [Sec. 4205]

Identical to the Senate bill. [Sec. 4052]

Identical to the House and Senate bills. [Sec. 4206]

Title VI. Rural Development (Selected Provisions)

Value-Added Agricultural Product Market Development Grants. Provided grants to agricultural producers for projects that add value to commodities (and thereby increase farm income) and support planning and business development for value-added projects. Authorized $40 million annually FY2009-2013 subject to appropriations, and $15 million in mandatory spending to remain available until expended. [7 U.S.C. 1621]

Reauthorizes the program, and provides $12.5 million annually in mandatory spending (FY2014-FY2018). Authorizes appropriations $40 million annually (FY2014-FY2018), subject to annual appropriations. [Sec. 6001]

Reauthorizes the program, and increases authorization of mandatory spending from $15 million to $50 million. Reauthorized appropriations through FY2018. [Sec. 6202]

Reauthorizes the program. Provides $63 million in mandatory spending and reauthorizes $40 million in annual appropriations though 2018. [Sec. 6203]

Title VII. Research, Extension, and Related Matters (Selected Provisions)

Specialty Crop Research Initiative (SCRI). Established in the 2008 farm bill amending the Agriculture Research, Extension, and Education Reform Act of 1998 (AREERA). Provided mandatory CCC funds of $30 million (FY2008) and $50 million annually (FY2009-FY2012), and authorized appropriations of $100 million annually (FY2008-FY2013). [7 U.S.C. 7632]

Reauthorizes SCRI and mandatory funds of $25 million (FY2014); $30 million annually (FY2015-FY2016); $65 million (FY2017); and $50 million (FY2018 and each fiscal year thereafter). [Sec. 7305]

Reauthorizes SCRI and mandatory funds of $25 million (FY2013); $50 million annually (FY2014-FY2015); $55 million (FY2016-FY2017); and $65 million (FY2018 and each fiscal year thereafter). Reauthorized appropriations through FY2018. [Sec. 7307]

Reauthorizes SCRI and mandatory funds of $80 million (FY2014 and each fiscal year thereafter). Extends authority to appropriate funds of $25 million per fiscal year (FY2014-FY2018). [Sec. 7306]

Specialty Crops Committee. Amended the Specialty Crops Competitiveness Act of 2004 (P.L. 108-465) to establish and allow USDA to appoint members to a permanent committee responsible for studying the scope and effectiveness of research, extension, and economics programs affecting specialty crops. [7 U.S.C. 3123a]

Amends requirements to provide for diversity of the specialty crops represented, and to ensure ongoing consultation with diverse sectors of the specialty crop industry. [Sec. 7102]

Establishes a "Citrus Disease Research and Development Trust Fund" to fund scientific research on to solve citrus production disease or pest problems, among other activities. [Sec. 12212]

Amends requirements to include research on (1) improving quality and taste of processed specialty crops and (2) use of remote sensing in production practices. [Sec. 7103]

Amends the National Agricultural Research, Extension, and Teaching Policy Act of 1977 [7 U.S.C. 3123a] to establish a citrus disease subcommittee within the Specialty Crops Committee to advise USDA. [Sec. 7103] Of available SCRI funding, provides $25 million (FY2014-FY2018) for an Emergency Citrus Disease Research and Extension Program. [Sec. 7306]

Organic Agriculture Research and Extension Initiative (OREI). The 2008 farm bill provided for grants to facilitate the development of organic agriculture production and processing. Provided mandatory CCC funds of $18 million (FY2009) and $20 million annually (FY2010-FY2012), and authorized annual appropriations of $25 million (FY2009-FY2013). [7 U.S.C. 5925b]

Reauthorizes OREI with some program changes. Reauthorizes CCC funds of $16 million (FY2014-FY2018) and extends authority for appropriated funding of $25 million through FY2018. [Sec. 7209]

Reauthorizes OREI and establishes a priority for grant proposals found to be "scientifically meritorious" during grant proposal review. Reauthorizes CCC funds of $20 million (FY2014-FY2018) and extends authority for appropriated funding of $25 million through FY2018. [Sec. 7211]

Similar to the House bill, except criteria for "scientifically meritorious" is excluded. [Sec. 7211]

Organic Transitions Program (ORG). ORG is part of the "Integrated Research, Education, and Extension Competitive Grants Program," and funds research, extension, and education programs to improve the competitiveness of organic producers and transitioning producers. Authorized appropriations of such sums as necessary through FY2013. [7 U.S.C. 7626]

Reauthorizes the Integrated Research, Education, and Extension Competitive Grants Program, and extends authority to appropriate funds through FY2018. [Sec. 7302]

Nearly identical to Senate bill. [Sec. 7302]

Nearly identical to the House and Senate bills, with minor technical change. [Sec. 7302]

Office of Pest Management Policy coordinates USDA's policies and activities related to pesticides and pest management tools. Authorized appropriations of such sums as necessary through FY2013. [7 U.S.C. 7653]

Reauthorizes appropriations of $3 million annually (FY2014- FY2018). [Section 7307]

Identical to the Senate bill. [Sec. 7310]

Identical to the House and Senate bills. [Sec. 7309]

High-Priority Research and Extension: Pollinator Protection. Provides for "high-priority research and extension" areas and initiatives, and other programs. Among other program areas identified in previous farm bills are pollinator protection with specific amounts of authorized appropriations. Authorizes appropriations of such sums as necessary are through FY2013. [7 U.S.C. 5925(g)] (Honey is defined as a specialty crop, according to USDA.)

Retains research covering pollinator protection as a "high-priority." Reauthorizes funding levels, subject to annual appropriations, through FY2018 [Sec. 7208]

Reauthorizes pollinator protection research grants, USDA coordination efforts, and a nationwide honey bee pest and pathogen surveillance program. Reauthorizes appropriations through FY2018. [Sec. 7209] Establishes a Task Force on Bee Health and Commercial Beekeeping, and encourages USDA to conduct a Pollinator Research Lab Feasibility Study. [Sec. 11315]

Retains research covering pollinator protection as a "high-priority." Reauthorizes appropriations of $20 million annually through FY2018: research and extension activities ($10 million annually); USDA capacity and infrastructure ($7.25 million annually); and honeybee surveillance ($2.75 million annually). [Sec. 7209]

Title X. Horticulture (Selected Provisions)

Marketing and Promotion, and Trade

Block Grants to States. The Specialty Crops Competitiveness Act of 2004 (P.L. 108-465), as amended by the 2008 farm bill, authorized block grants to states to support projects in marketing, research, pest management, and food safety, among other purposes. Current mandatory CCC funding is $55 million annually (FY2010-FY2013). [7 U.S.C. 1621 note]

Reauthorizes program through FY2018. Increases mandatory funding to $70 million annually (FY2014 through FY2018), which would also raise the minimum grant amount received by each state/territory. Changes additional allocation to be based on both production value and acreage (instead of production value only). Allows for multistate project grants involving food safety, plant pests and disease, crop-specific projects addressing common issues, and any other area as determined by USDA, with increased funding starting at $1 million (FY2013) to $5 million (FY2017). Limits administrative costs to 3% (federal level) and 8% (state level). [Sec. 10008]

Similar to the Senate bill, but provides higher funding levels: $72.5 million annually (FY2014-2017) and $85 million (FY2018). Requires 50% cost-sharing by states for equipment or capital-related research costs. [Sec. 10007]

Reauthorizes program at the following funding levels: $72.5 million annually (FY2014-2017) and $85 million for FY2018 and each fiscal year thereafter. Funding for multistate project grants shall remain available until expended: $1 million (FY2014); $2 million (FY2015); $3 million (FY2016); $4 million (FY2017); and $5 million (FY2018). [Sec. 10010]

Farmers' Market Promotion Program (FMPP). The Farmer-to-Consumer Direct Marketing Act (P.L. 94-463), as amended, originally authorized the FMPP to promote farmers' markets, roadside stands, community-supported agriculture programs, agri-tourism activities, and other direct producer-to-consumer market opportunities. Authorized annual appropriations for grants to local governments and nonprofit organizations. Current mandatory CCC funding is $10 million annually (FY2011-FY2012). [7 U.S.C. 3005]

Note: Among the programs not included in the one-year extension of the 2008 farm bill in the American Taxpayer Relief Act of 2012 (P.L. 112-240).

Reauthorizes the current grant program, but changes the scope and name of the program to the "Farmer's Market and Local Food Promotion Program." Expands the program to include local and regional food enterprises that process, distribute, aggregate, store, and market locally or regionally produced food products, designating 50% of available funds for this purpose. Increases mandatory funding to $20 million annually (FY2014 through FY2018). Authorizes appropriations of $20 million each year (FY2014-FY2018). Caps administrative costs to 10%. Requires USDA, when awarding grants, to give priority to proposals for projects that benefit underserved communities, mid-sized farm and ranch operations, and build capacity for local/regional food systems. [Sec. 10003]

Similar to the Senate bill, except that the House bill provides $30 million annually (FY2014-FY2018) in mandatory funding but limits the appropriations authority to $10 million annually, and caps administrative expenses at 3% of funding. [Sec. 10003]

Reauthorizes program at the following funding levels: $30 million in mandatory funding annually (FY2014 through FY2018) and authorizes appropriations of $10 million each year (FY2014-FY2018). Designates 50% each of available funds for respectively: (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, Caps administrative expenses at 4% of funding a [Sec. 10003]

Note: Another related provision is in Title IV (Nutrition, the Seniors Farmers' Market Nutrition Program). [Sec. 4202]

Transporting Specialty Crops. The 2008 farm bill authorized grants to various public and private entities to improve transporting specialty crops to markets. Authorized appropriations of such sums as necessary. [7 U.S.C. 1622c]

Repeals authorization under Section 10403 of the 2008 farm bill. [Sec. 10002]

Identical to the Senate bill. [Sec. 10002]

Identical to the House and Senate bills. [Sec. 10002]

The Export Apple Act provides for the inspection and certification of U.S. apples before entering foreign commerce. [7 U.S.C. 584]

Exempts apples shipped to Canada in bulk bins (i.e., bins with apples weighing more than 100 lbs.) from inspection. [Sec. 10011]

Exempts apples shipped to Canada in bulk bins (i.e., bins with apples weighing more than 100 lbs.) from provisions of the Export Apple Act. Requires USDA to issue regulations to carry out this provision within 60 days of enactment. [Sec. 10010]

Similar to the House bill. [Sec. 10009]

Research and Promotion Program ("check-off" program) for Christmas Trees. The Commodity Promotion, Research and Information Act of 1996 gave USDA's Agricultural Marketing Service (AMS) general authority to allow for the creation of generic promotion programs at the request of a group of producers. [7 U.S.C. 7411 et seq.]

No comparable provision.

Requires that USDA lift a stay of regulations related to establishing an industry-funded promotion, research, and information program for fresh-cut Christmas trees. [Sec. 10015]

Similar to the House bill. [Sec. 10014]

No comparable provision.

Authorizes grants to state and tribal governments to promote the domestic maple (Acer) syrup industry to promote research and education, resource sustainability, and marketing, among other activities. Authorizes appropriations of $20 million annually (FY2014-FY2015). [Sec. 12208]

Nearly identical to the Senate bill, except that the House authorizes appropriations of $20 million each year for the program through FY2018. [Sec. 12309]

Establishes an "Acer Access and Development Program," funded by authorized appropriations of $20 million annually through FY2018. [Sec. 12306]

No comparable provision.

No comparable provision.

Requires the USDA to provide technical assistance to the U.S. Customs and Border Protection to identify produce claimed to be grown in the United States, when it is not. Requires USDA to submit a report to Congress. [Sec. 12316]

Adopts House provision. [Sec. 12309]

Trade Promotion. See also reauthorization of Technical Assistance for Specialty Crops (TASC) [7 U.S.C. 5680] and the Market Access Program (MAP) [7 U.S.C. 5623]

See Title III, Trade. [Sec. 3205] and [Sec. 3102]

See Title III, Trade. [Sec. 3205] and [Sec. 3102]

See Title III, Trade. [Sec. 3205] and [Sec. 3102]

Organic Certification

 

 

 

National Organic Program (NOP). The Organic Foods Production Act (OFPA) of 1990 (P.L. 101-624, Title XXI; in 1990 farm bill), as amended by the 2008 farm bill, authorized the NOP to develop and enforce national standards for organically-produced agricultural products. Authorized appropriations were $11 million in FY2013, plus additional sums as necessary. [7 U.S.C. 6522] Provides for enforcement and penalties for violations of NOP's labeling requirements for certified organic products. [7 U.S.C. 6519]

Reauthorizes NOP and appropriations of $15 million annually (FY2014- FY2018). Provides mandatory funding of $5 million in FY2013 (available until expended) to modernize the NOP database and technology systems. [Sec. 10005(b-c)] Amends OFPA's recordkeeping, investigations, and enforcement provisions. [Sec. 10009]

Reauthorizes NOP and appropriations of $11 million annually (FY2014-FY2018). Requires the NOP to modernize its database and technology systems [Sec. 10004(b-c)] Amends OFPA's investigations and enforcement provisions. [Sec. 10005]

Similar to Senate bill. Reauthorizes NOP and appropriations of $15 million annually (FY2014-FY2018). Provides mandatory funding of $5 million in FY2014 (available until expended) to modernize the NOP database and technology systems. [Sec. 10004(b)] Amends OFPA's investigations and enforcement provisions. [Sec. 10005]

Organic Research and Promotion Program ("check-off" program) for Organic Products. The Commodity Promotion, Research and Information Act of 1996 gave USDA's Agricultural Marketing Service (AMS) general authority to allow for the creation of generic promotion programs at the request of a group of producers. [7 U.S.C. 7411 et seq.] No research and promotion program for organic products currently exists.

Allows for USDA to develop a process to establish an organic research and promotion program for organic products. [Sec. 10012]

Similar to Senate bill. [Sec. 10004(f)]

Similar to House and Senate bills. Amends the exemption of certified organic products from promotion order assessment under a commodity promotion law to include any agricultural commodity that is certified as "organic" or "100 percent organic" (7 C.F.R. 215) as well as "split operations." [Sec. 10004(d)-(f)]

Financial Assistance. Section 524(b) of the Federal Crop Insurance Act, as amended, authorizes the Agricultural Management Assistance (AMA) program. AMA provides financial and technical support to producers in 16 specified states for conservation practices, risk mitigation, and market diversification. Provides $15 million in annual mandatory funding in FY2008 through FY2014, and $10 million each fiscal year thereafter. Requires 50% to NRCS, 40% to RMA, and 10% to AMS. [7 U.S.C. 1524(b)]

Section 10606 of the 2002 farm bill established the National Organic Certification Cost Share Program (NOCCSP) to help producers and handlers of organic products obtain certification. Provided $22 million in mandatory funding in FY2008 (available until expended). [7 U.S.C. 6523]

Authorizes $23 million in mandatory CCC funding annually (FY2014-FY2018) and combines the two programs to include (1) organic certification cost share assistance (50% of funds); (2) activities to support risk management education and outreach under the Federal Crop Insurance Act (26% of funds); and (3) agricultural management assistance grants to producers in states with low federal crop insurance participation, for various conservation purposes (24% of funds). See Title XI, Crop Insurance. [Sec. 11034] Per-person payments are limited to $50,000 in any one year.

Repeals the National Organic Certification Cost-Share program. [Sec. 10004(d)]

Reauthorizes the National Organic Certification Cost-Share program. [Sec. 10004(c)] Provides mandatory CCC funds (FY2014-2018) of $11.5 million annually, to remain available until expended.

Congress did not authorize other changes that would have affected the AMA Organic Certification Cost-Share Program, which is authorized to receive about $1.5 million annually through FY2018 under other authorizing legislation (Federal Crop Insurance Act, as amended (7 U.S.C §§1501-1524).

Data and Information Collection

 

 

 

Market News. Section 10107 of the 2008 farm bill authorized support for the collection and dissemination of market news for specialty crops. Authorized appropriations of $9 million annually (FY2008-FY2013) to remain available until expended. [7 U.S.C. 1622b(b)]

Reauthorizes program at $9 million subject to annual appropriations through FY2018. [Sec. 10001]

Identical to the Senate bill. [Sec. 10001]

Identical to House and Senate bills. [Sec. 10001]

Organic Production and Market Data Initiatives (ODI). Section 7407 of the 2002 farm bill, as amended by the 2008 farm bill, required USDA to keep segregated data on organic production and marketing. Provided $5 million in mandatory CCC funding, plus authorized appropriations of $5 million annually (FY2008-FY2012), both available until expended. Specified that $3.5 million of available mandatory funds be allocated to AMS. [7 U.S.C. 5925c]

Reauthorizes appropriations of $5 million through FY2018 (available until expended) and provides for funds to be available "annually thereafter." Provides an additional $5 million in mandatory CCC funds (to remain available until expended). Requires coordination of USDA's data user agencies. [Sec. 10005(a)]

Reauthorizes appropriations of $5 million through FY2018 (available until expended). [Sec. 10004(a)]

Similar to Senate bill. [Sec. 10004(a)]

No comparable provision.

Requires USDA to collect data on the production and marketing of locally or regionally produced agricultural food products; facilitate interagency data sharing and collaboration; and monitor the effectiveness of programs designed to expand or facilitate local food systems. Requires USDA to submit a report to Congress, within a year after enactment. [Sec. 10004]

Similar to Senate provision. [Sec. 10017]

Similar to House and Senate bills, requiring USDA to conduct a local food production and program evaluation. [Sec. 10016]

Food Safety/Quality Standards

 

 

 

Produce Safety Education. Section 10105 of the 2008 farm bill amended the Agricultural Research, Extension, and Education Reform Act of 1998 (P.L. 105-185) to implement a program to educate fresh produce industry personnel and consumers on ways to reduce pathogens in fresh produce. Authorized appropriations of $1 million annually to remain available until expended [7 U.S.C. 7655a(c)]

Authorizes appropriations of $1 million annually to remain available until expended (FY2013- FY2018). [Sec. 10006]

Authorizes appropriations if $1 million annually through FY2018, subject to annual appropriations. Adds "farmworkers" as part of the target audience for the education initiatives and lists "practices that prevent bacterial contamination of food, how to identify source of food contamination, and other means of decreasing food contamination" as part of the safe food handling practices addressed by USDA within the program. [Sec. 10006]

Identical to Senate bill. [Sec. 10006]

No comparable provision.

Requires USDA to submit to the Food and Drug Administration a report that describes an appropriate federal standard for the identity of honey, and shall consider the March 2006 Standard of Identity citizens petition filed with FDA (within 180 days after enactment). [Sec. 10010]

Identical to the Senate bill. [Sec. 10009]

Identical to House and Senate bills, requiring USDA conduct a study on honey. [Sec. 10012]

FDA Food Safety Modernization Act (FSMA). FSMA expanded or modified FDA authorities for food safety under the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 301 et seq.] FSMA expanded FDA's authority to conduct a mandatory recall of contaminated food products; enhanced surveillance systems to investigate foodborne illness outbreaks; established new preventive controls and food safety plans at some food processing facilities and farms; enhanced FDA's traceability capacity within the nation's food distribution channels; increased inspection frequencies of high-risk food facilities (both domestic and foreign facilities); and expanded FDA's authority and oversight of foreign companies that supply food imports to the United States. [21 U.S.C. 2201 et seq.]

No comparable provision.

Requires FDA publish scientific and economic analysis before enforcing any regulations (FSMA, P.L. 111-353). The analysis will examine regulatory effects for a range of business sizes and differences in regional production, processing, and marketing, among other effects, and economic impacts of the regulation focusing on a variety of business sizes, and small and mid-sized value added food processors. FDA must issue a plan to "systematically evaluate the regulations by surveying farmers and processors," and submit a report to Congress after FDA promulgates the final rule. [Sec. 12321]

Similar to the House bill, but with changes. Requires that FDA, when publishing its final rule ''Standards for the Growing, Harvesting, Packing, and Holding of Produce for Human Consumption'' (78 Federal Register 3504), include an analysis of the scientific information used to promulgate the final rule, as well as an economic impact analysis of the rule. Removes the requirement to survey farmers and processors. Requires that the U.S. Comptroller General submit a report to certain House and Senate congressional committees, as well as an updated report to the committees within one year of the final rule being promulgated. [Sec. 12311]

Plant Pest/Disease Management

Pest and Disease Control. Sections 10201 and 10202 of the 2008 farm bill amended the Plant Protection Act (PPA) to authorize an early plant pest detection and surveillance system and threat identification/mitigation, among other activities, and a National Clean Plant Network where the specialty crop industry can obtain pest- and disease-free planting stock. Provided mandatory CCC funds reaching $50 million in FY2012 and annually thereafter, plus another $5 million in mandatory funds for FY2008 (available until expended) for the National Clean Plant Network. [7 U.S.C. 7721]

Repeals program under Section 10202 of the 2008 farm bill and authorizes a consolidated plant pest and disease management and disaster prevention program, named the "National Clean Plant Network." Consolidates and increases available mandatory funding levels: $60 million annually (FY2014-FY2017) and $65 million for FY2018 and each fiscal year thereafter. [Sec. 10007]

Similar to the Senate bill, except that the House bill provides mandatory funding of $62.5 million annually (FY2014-FY2017), and $75 million for FY2018, including $5 million in appropriated funds for FY2013. Of the available mandatory funds, requires at least $5 million annually for the Clean Plant Network. [Sec. 10011]

Consolidates plant pest and disease management and disaster prevention programs. Adopts funding levels in House bill. [Sec. 10007]

Prohibits CCC funds used for technical assistance to be considered an allotment or fund transfer from the CCC for the purpose of the limit on expenditures for technical assistance. [Sec. 10017]

See also Title VII (Research) for reauthorization of the other pest management policies.

See Title VII, Research. [Sec. 7307] and [Sec. 7308]

See Title VII, Research. [Sec. 7310]

See Title VII, Research. [Sec. 7306]

Exemptions from Certain Regulatory Requirements and Other Requirements

Biological Opinions. Under the Endangered Species Act (ESA), federal agencies (such as EPA) are required to avoid jeopardy to listed species and adverse modification of designated critical habitat in their actions. They consult with the Fish and Wildlife Service (FWS) or the National Marine Fisheries Service (NMFS), which issue Biological Opinions (BiOps) on jeopardy. If a BiOp finds a pesticide, or a specific use of it, would jeopardize a listed species, EPA would violate ESA if it allowed that pesticide or specific use. EPA restricts specific uses through labeling requirements. [16 U.S.C. 1536]

No comparable provision.

Creates an exception for amending pesticide registrations from ESA requirements for consultation, when a BiOp was issued before a certain date. The exception would require BiOps to comply with recommendations by a study to be conducted by the National Academy of Sciences. [Sec. 10012]

Similar to the House bill with changes. Authorizes two reports to Congress that describe approaches and actions taken by EPA, U.S. Fish and Wildlife Service, and National Marine Fisheries Service to implement recommendations of the report, "Assessing Risks to Endangered and Threatened Species from Pesticides." The final report to Congress shall include an evaluation to establish that approaches use the best available science. [Sec. 10013]

Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) [7 U.S.C.136-136y] and Federal Food, Drug, and Cosmetic Act (FFDCA) [21 U.S.C. §346a)] are among the major statutory authorities governing pesticide regulation.

Regarding imported seed, EPA must be notified of the arrival of imported pesticides and devices through the Notice of Arrival form (EPA Form 3540-1) prior to importation.

Sulfuryl fluoride is currently registered for the control of insect pests in stored grains, dried fruits, tree nuts, coffee and cocoa beans, and for use in food handling and processing facilities. EPA is re-evaluating the current science on fluoride and is taking steps to begin a phased-down withdrawal of the pesticide sulfuryl fluoride.

No comparable provision.

Amends FIFRA to eliminate the requirement to notify EPA for seeds, including treated seeds, of the arrival of pesticides and devices (66 FR 37772, published July 19, 2001). [Sec. 10014]

Requires EPA, in conjunction with USDA, to submit a report on the potential economic and public health effects of finalizing a proposed order (76 FR 3422, published on January 19, 2011) pertaining to the pesticide sulfuryl fluoride. [Sec. 10016]

Similar to the House bill with changes. Prohibits the requirement of notifying EPA of the arrival of a plant-incorporated protectant (PIP) contained in a seed. If requested, USDA shall provide EPA with a list of seeds containing PIPs. The amendment does not limit USDA's other authorities regarding the movement of seeds. [Sec. 10008] Directs EPA to exclude nonpesticidal sources of fluoride from aggregate exposure assessments required under Section 408 of the FFDCA when assessing tolerances associated with residues from the pesticide. [Sec. 10015]

The Fair Labor Standards Act (FLSA) of 1938 prohibits the shipment in interstate commerce of goods that are produced in violation of the act's minimum wage, overtime, or child labor standards.

No comparable provision.

Directs USDA to consult with the Department of Labor regarding restraints imposed on the shipment of agricultural commodities for actual or alleged violations of labor law in order to consider the perishable nature of such commodities, the economic impact on farming operations of imposing such restraints, and the competitiveness of specialty crops. [Sec. 10008]

Similar to House bill. Requires that USDA consult with the Department of Labor within 60 days of enactment and submit a report to Congress that describes the number of instances between FY2008-FY2013 that the Department of Labor has contacted a purchaser of perishable agricultural commodities to notify them of an investigation or pending enforcement action against a producer from whom they purchased perishable agricultural commodities. [Sec. 10011]

Title XI. Crop Insurance (Selected Provisions)

A private sector entity can propose an insurance plan to be added to the FCIC portfolio of products. A process must be established to review and approve products. [7 U.S.C. 1508(h)]

For private sector submissions, directs the Federal Crop Insurance Corporation (FCIC) to establish priorities for specific types of submissions, subject to certain requirements. [Sections 11009, 11010]

No comparable provision.

Similar to the Senate bill; as part of the submission process, the applicant must consult with a specified set of producer groups potentially affected: fruits, vegetables, tree nuts, horticulture, and nursery crops. [Sec. 11011]

No comparable provision.

FCIC is required to contract for studies on the feasibility of insuring (1) specialty crop producers for food safety and contamination-related losses [Sec. 11020], among other activities.

Similar to the Senate bill, with some exceptions. [Sec. 11021]

Among other provisions, FCIC shall conduct a "Study of Food Safety Insurance" to determine whether offering policies that provide coverage for specialty crops from food safety and contamination issues would benefit agricultural producers, and submit the report to Congress within a year of enactment. [Sec. 11022]

No comparable provision.

Authorizes grants to state and tribal governments to promote the domestic maple syrup industry to promote research and education, resource sustainability, and marketing, among other activities. Authorizes appropriations of $20 million annually (FY2014-FY2015). [Sec. 12208]

Nearly identical to the Senate bill, except that the House authorizes appropriations of $20 million each year for the program through FY2018. [Sec. 12309]

Identical to the House bill, establishing an Acer Access and Development Program. [Sec. 12306]

No comparable provision.

No comparable provision.

Requires the USDA to provide technical assistance to the U.S. Customs and Border Protection to identify produce claimed to be grown in the United States, when it is not. Requires USDA to submit to Congress a report on produce represented as grown in the United States. [Sec. 12316]

Identical to the House bill. [Sec. 12309]

New or Revised Insurance Products

Permanently authorized by the Federal Crop Insurance Act, the federal crop insurance program makes available subsidized crop insurance to producers who purchase a policy to protect against individual farm losses in yield, crop revenue, or whole farm revenue. In general, policies offer a guarantee at the individual farm level or area-wide (e.g., county) level. The producer selects coverage level and absorbs the initial loss through the deductible. The insurance guarantee is based on the expected market price (i.e., no statutory minimum prices as in some farm programs).

Retains current program and makes available to crop producers an additional policy called Supplemental Coverage Option (SCO) to cover part of the deductible under the producer's underlying policy. SCO is an area-wide (e.g., county) yield or revenue loss policy, whereby an indemnity is paid on area losses not more than the deductible level (e.g., 25%) selected by the producer for the underlying individual policy. On the SCO policy, the farmer incurs a deductible equal to 10% of the producer's expected crop value. If the farmer participates in ARC under Title I, the deductible is 22%. SCO policies are to be made available for all crops if sufficient data are available. Premium subsidized at 65%. Coverage to begin no later than the 2014 crop year. [Sec. 11001] A crop margin coverage option is available as a single policy or in combination with a yield or revenue loss policy. [Sec. 11002]

SCO provision is similar to the Senate bill. Coverage is triggered only if the area loss exceeds 10%, and policy coverage does not exceed the difference between 90% and the coverage level selected by the producer for the underlying policy. Also, acres covered by Revenue Loss Coverage (RLC) or STAX (see below) are not eligible for SCO. [Sec. 11003]

Similar to the House bill. Coverage is triggered by losses greater than 14% (not 10%), and policy coverage cannot exceed the difference between 86% and the coverage level selected by the producer for the underlying policy. Acres covered by Agriculture Risk Coverage (ARC) or STAX (see below) are not eligible for SCO. Coverage to begin no later than the 2015 crop year. [Sec. 11003] A crop margin coverage option is available as a single policy or in combination with a yield or revenue loss policy. [Sec. 11004]

Noninsured Crop Assistance Program. The Noninsured Crop Assistance Program (NAP) has permanent authority under Section 196 of the Federal Agriculture Improvement and Reform Act of 1996, and receives such sums as necessary in mandatory funding. Growers of crops not insurable under the crop insurance program are eligible for NAP. A payment is made to an eligible producer whose actual production is less than 50% of the established (historical) yield for the crop. The payment rate is 55% of the average market price. Producers pay a fee of $250 per crop per county, or $750 per producer per county, not to exceed $1,875 per producer. [7 U.S.C. 7333]

Reauthorizes through FY2018, and makes available additional coverage for NAP at 50% to 65% of established yield and 100% of average market price. Premium for additional coverage is 5.25% times the product of the selected coverage level and value of production (acreage times yield times average market price). The premium for additional coverage is reduced by 50% for limited resource, beginning, and socially disadvantaged farmers.

For producers with fruit crop losses in 2012, payments associated with additional coverage are made retroactively (minus premium fees) in counties declared a disaster due to freeze or frost. [Sec. 12204]

Similar to the Senate bill except as indicated below. [Sec. 12306]

No comparable provision.

Similar to the Senate bill except as indicated below. Additional coverage is available for crop years 2015-2018. [Sec. 12305]

Identical to Senate bill.

Source: CRS. For more detailed information on all provisions in the 2014 farm bill, see CRS Report R43076, The 2014 Farm Bill (P.L. 113-79): Summary and Side-by-Side.

Footnotes

1.

Defined in the Specialty Crops Competitiveness Act of 2004 (P.L. 108-465, 7 U.S.C. §1621 note), as amended by the Food, Conservation, and Energy Act of 2008 (P.L. 110-246). See USDA, "USDA Definition of Specialty Crop," http://www.ams.usda.gov/AMSv1.0/getfile?dDocName=STELPRDC5082113. Excludes peanuts and other crops.

2.

USDA, NASS, 2007 Census of Agriculture, Specialty Crops, vol. 2, November 2009.

3.

As reported by USDA, AMS in "PACA—Your Partner in Produce." Reflects estimates for 2008.

4.

Compiled by CRS from data in the U.S. International Trade Commission's Trade DataWeb database. Includes fresh and processed fruits, vegetables, and tree nuts (excluding peanuts), and live trees and plants. For more information, see CRS Report RL34468, The U.S. Trade Situation for Fruit and Vegetable Products.

5.

USDA, NASS, 2007 Census of Agriculture, Specialty Crops, vol. 2, November 2009. Most recent data available.

6.

Floriculture refers to flowering and ornamental plants.

7.

See, for example, USDA, Production Expenses of Specialized Vegetable and Melons Farms, VGS-328-01, September 2008, and Specialized U.S. Fruit and Nut Farm Production Expenses, FTS-337-01, June 2009. Data vary by region.

8.

Based on the most updated available information (USDA, 2008 Organic Production Survey, Volume 3, AC-07-SS-2, July 2010). USDA's 2012 tabulation for organic production is scheduled to be available in September 2014.

9.

"Commodity crops" refers to agricultural production supported by specific federal farm support programs (mostly corn, soybeans, wheat, cotton, rice, dairy, and sugar).

10.

See, for example, comments prior to the 2008 farm bill from the Specialty Crop Farm Bill Alliance (SCFBA). See also May 2, 2013, Dear Colleague letter from the House of Representatives Specialty Crop Caucus; and S. Gonzales, "Specialty Crop and Organic Producers Look for Stronger Presence in 2012 Farm Bill," Agri-Pulse, July 28, 2011.

11.

In some cases, however, their production may be linked with the major program crops, such as in cases where recipients of direct and counter-cyclical payments can plant crops on their base acres, including certain vegetables for processing.

12.

Mandatory funding is made available by multiyear authorizing legislation and does not require annual appropriations or subsequent action by Congress. Discretionary spending requires appropriations action.

13.

See CRS Report IF00014, The 2014 Farm Bill (Agricultural Act of 2014, P.L. 113-79) (In Focus).

14.

CBO cost estimate of the conference agreement on H.R. 2642 (http://www.cbo.gov/publication/45049, January 28, 2014. This estimate does not include costs for provisions in other farm bill titles. For example, CBO estimates spending for research programs benefitting specialty crop and organic producers (Title VII (Research) of the 2014 farm bill) will require a $418 million increase in mandatory spending (FY2014-FY2018).

15.

Under USDA's specialty crop definition, honey is an eligible "specialty crop." See http://www.ams.usda.gov/AMSv1.0/scbgpdefinitions.

16.

Formerly known as the food stamp program.