January 13, 2022
Farm Bill Primer: Horticulture Title and Related Provisions
Beginning in 2008, enacted farm bill legislation has
Organic. The Horticulture title of the 2018 farm bill
included a Horticulture title covering specialty crops and
primarily focused on addressing perceived shortcomings in
certified organic products. Over the years, this title has
USDA’s organic certification by making changes intended
included provisions supporting locally sourced products
to enhance enforcement, limit program fraud, and fund
(not limited to crops) and hemp cultivation. Upon
technology upgrades. Other provisions changed the
enactment of the Agriculture Improvement Act of 2018
eligibility and consultation requirements of the National
(P.L. 115-334; 2018 farm bill), projected outlays for the
Organic Standards Board (NOSB) and reauthorized the
Horticulture title totaled $1.0 billion (FY2019-FY2023),
National Organic Certification Cost-Share Program and the
accounting for less than 0.5% of total projected farm bill
Organic Production and Market Data collection. Provisions
spending. Support for these sectors, however, is not limited
in other 2018 farm bill titles included the Organic
to the Horticulture title but is also contained within other
Agriculture Research and Extension Initiative (Research
farm bill titles, covering a range of programs administered
title); transition assistance and incentives for organic
by the U.S. Department of Agriculture (USDA). This In
production (Conservation title); and federal crop insurance
Focus provides an overview of selected 2018 farm bill
and other marketing and promotion support in other titles.
provisions and issues for the next farm bill related to
specialty crops, organically produced and locally sourced
Industry Terms and Definitions
products, and hemp (for descriptions, see text box).
Specialty crops—“fruits and vegetables, tree nuts, dried fruits,
Specialty Crops
and horticulture and nursery crops (including floriculture)” (7
The 2018 farm bill reauthorized and expanded funding for
U.S.C. §1621 note).
many of the existing USDA programs supporting fruits,
USDA Organic refers to agricultural products certified and
vegetables, and other specialty crops. In the Horticulture
labeled as grown and processed in accordance with USDA
title, provisions included the Specialty Crop Block Grants
regulations (7 C.F.R. §205) and verified by a USDA-accredited
to states, Specialty Crop Market News data collection, food
certifying agent according to USDA’s National Organic
safety education initiatives, and chemical regulation and
Program (NOP). NOP is a voluntary certification program for
information collection. Provisions in other 2018 farm bill
producers and handlers that use approved methods and
titles included the Specialty Crop Research Initiative and
standards, covering organically produced specialty crops, field
other USDA programs supporting emergency citrus disease
crops, and animal products (e.g., meat and dairy products), as
research (Research title); USDA purchases of fresh fruits
well as nonfood consumer products.
and vegetables for use in domestic nutrition assistance
Locally Sourced Foods—No consensus exists for what
programs (Nutrition title); federal crop insurance and
constitutes locally sourced foods. In most cases, USDA farm
supplemental disaster assistance; agricultural trade
programs that support local food systems base program
promotion; and other marketing programs (various titles).
eligibility on using a statutory definition of locally or regionally
produced agricultural food products as any food product that is
Issues and Options
raised, produced, and distributed in “the locality or region in
Produce industry groups represent a range of crops and
which the final product is marketed” where “the total distance
regional interests. In previous farm bills, these groups
that the product is transported is less than 400 miles from the
tended to support reauthorization and expansion of existing
origin of the product; or … the State” where produced (7
USDA programs. The next farm bill also could focus on
U.S.C. §1932).
other legislative priorities within the industry, such as ways
Hemp—“the plant Cannabis sativa L. and any part of that plant,
to address continued COVID-19-related supply-chain
including the seeds thereof and all derivatives, extracts,
disruptions including access to workers and distribution
cannabinoids, isomers, acids, salts, and salts of isomers,
challenges. While some of these priorities may involve
whether growing or not, with a delta-9 tetrahydrocannabinol
reforms outside the farm bill, others could be addressed by
[THC] concentration of not more than 0.3 percent on a dry
increasing grant funding, changing USDA procurement
weight basis” (7 U.S.C. §1639o).
rules (e.g., H.R. 5309), and expanding research into
mechanization technologies. In addition, legislation
pending before Congress addresses seasonal import
Issues and Options
competition in certain regions of the country (e.g., H.R.
The organic industry represents highly diverse interests
4580 and H.R. 3926/S. 2080).
with often diverging priorities. Some shared priorities have
focused on USDA not finalizing regulations addressing
USDA-Certified Organic Agriculture
transitioning dairy cows, livestock handling and poultry
The 2018 farm bill reauthorized and expanded support for
living conditions, and oversight and enforcement of NOP-
agricultural products certified and labeled as USDA
certified products. Some legislative priorities focus on
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Farm Bill Primer: Horticulture Title and Related Provisions
restoring organic certification cost-share program funding
introduced in comprehensive marker bills reflecting the
and ensuring organic agriculture is part of ongoing U.S.
interests of small-sized local and urban producers.
agricultural climate solutions (e.g., H.R. 2803/S. 1251). The
next farm bill could consider further structural changes to
Hemp Production and Processing
NOP, including establishing a new framework for
The 2018 farm bill created new authorities to legalize
developing standards, elevating the role of the NOSB, and
hemp, a variety or cultivar of Cannabis sativa—the same
addressing the current backlog in developing NOP
plant as marijuana—grown for use in producing a range of
standards (e.g., H.R. 2918). Other actions could advance
nonpsychoactive food, beverage, consumer, and
organic agriculture within USDA research, nutrition, and
manufactured products. The 2018 farm bill’s Horticulture
procurement programs (e.g., H.R. 5309), as well as improve
title directed USDA to create a framework to regulate hemp
crop insurance and risk management tools. Some producer
cultivation under federal law and facilitate commercial
groups are actively pursuing an alternative certification
cultivation, processing, marketing, and sale of hemp and
regime under a Regenerative Organic label, in part to
hemp-derived products. USDA published final regulations
address perceived NOP shortcomings related to animal
under the Domestic Hemp Production Program in 2021. All
welfare protections and objections by some that soilless
U.S. states plan to allow growth of hemp in the 2022 crop
hydroponic growing systems qualify as USDA Organic.
year under a USDA-approved state plan or a USDA general
license. Other 2018 farm bill titles made hemp producers
Local, Urban, and Innovative Production eligible for federal crop insurance and agricultural research
The 2018 farm bill reauthorized and expanded funding for
programs, largely implemented by USDA.
many of the existing provisions supporting locally sourced
Issues and Options
foods—both crops and animal products. The Horticulture
Hemp industry interests reflect many national and regional
title of the 2018 farm bill created the Local Agriculture
groups with differing priorities, often depending on the
Market Program (LAMP), which combined and expanded
products they produce and whether hemp is used for its
existing USDA farmers’ market, local food marketing, and
fiber, grain, or flower. Some shared priorities call for
value-added processing grant programs. Provisions in other
relaxing USDA’s regulatory requirements—perceived by
farm bill titles enhanced crop insurance and disaster
the hemp industry and some state regulators to be overly
assistance for urban and small-scale production and made
restrictive and impractical—and reducing the role of the
changes to food programs and grants in the Nutrition title.
Drug Enforcement Administration in regulating hemp. The
next farm bill could further amend the statutory definition
The 2018 farm bill created new support for urban food
of hemp (7 U.S.C. §1639o) to raise the allowable legal THC
systems in the Research and other titles, establishing an
level from 0.3% to 1% (e.g., S. 1005) and increase research
Office of Urban Agriculture and Innovative Production at
funding for hemp, including targeted support for processing
USDA and providing new grant authority to facilitate urban
capacity of hemp fibers for use in insulation, construction
production, harvesting, transportation, and marketing. The
materials, and plastics. The National Association of State
2018 farm bill also included provisions supporting
Departments of Agriculture supports adding hemp to the
historically underserved producers (Title XII, Subtitle C).
statutory definition of a specialty crop (7 U.S.C. §1621
These provisions expanded USDA support for beginning,
note), which could qualify hemp for USDA programs that
socially disadvantaged, and veteran farmers and ranchers,
tie eligibility to the specialty crop definition. The next farm
which often also supports farming operations within USDA
bill also could consider ways to ensure hemp is part of
programs benefitting local and urban farmers.
ongoing climate proposals involving agriculture.
Issues and Options
Other leading efforts by some hemp groups seek to address
Legislative priorities among groups representing generally
longstanding concerns that the Food and Drug
small-sized local and urban producers—and beginning,
Administration (FDA) continues to restrict the marketing of
food and dietary supplements containing added hemp-
socially disadvantaged, and veteran farmers and ranchers—
derived cannabidiol (CBD) (e.g., H.R. 841 and S. 1698).
span diverse food systems and community needs. Shared
Related proposals would establish federal standards under
priorities include increased access to USDA programs and
FDA’s jurisdiction for hemp-derived CBD products (H.R.
the need to address equity and competition—often related
6134). Some interest groups contend that FDA is not
to small-sized and limited resource producers. Priorities
properly regulating CBD, which could pose a public safety
also often focus on agricultural sustainability and access to
threat. An open question is whether changes to FDA laws
USDA conservation funding, including for organic
and regulations are within the farm bill’s jurisdiction.
production systems. Climate-focused agricultural policies
More Information in Other CRS Reports
and ensuring that locally sourced food systems are part of
CRS In Focus IF11317, 2018 Farm Bill Primer: Specialty
U.S. agricultural climate solutions (as proposed in H.R.
Crops and Organic Agriculture
2803/S. 1251) remain a priority for these groups. The next
CRS In Focus IF11252, 2018 Farm Bill Primer: Support for
farm bill also could provide resources to improve
Local Food Systems
agricultural and rural infrastructure and supply-chain
CRS In Focus IF11210, 2018 Farm Bill Primer: Support for
resilience by expanding access to farm credit and crop
Urban Agriculture
insurance and to USDA nutrition and procurement
CRS In Focus IF11227, 2018 Farm Bill Primer: Beginning
programs (e.g., H.R. 2896, H.R. 5309), as well as address
Farmers and Ranchers
industry consolidation and anti-trust concerns (e.g., H.R.
CRS In Focus IF11088, 2018 Farm Bill Primer: Hemp
1258). In previous farm bill debates, a range of proposed
Cultivation and Processing
legislative changes across all farm bill titles were
https://crsreports.congress.gov
Farm Bill Primer: Horticulture Title and Related Provisions
IF12017
Renée Johnson, Specialist in Agricultural Policy
Disclaimer
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https://crsreports.congress.gov | IF12017 · VERSION 1 · NEW