[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1427 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                S. 1427

 To amend the Food, Conservation, and Energy Act of 2008 to authorize 
producers on a farm to produce fruits and vegetables for processing on 
                      the base acres of the farm.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 27, 2011

   Mr. Lugar introduced the following bill; which was read twice and 
   referred to the Committee on Agriculture, Nutrition, and Forestry

_______________________________________________________________________

                                 A BILL


 
 To amend the Food, Conservation, and Energy Act of 2008 to authorize 
producers on a farm to produce fruits and vegetables for processing on 
                      the base acres of the farm.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Farming Flexibility Act of 2011''.

SEC. 2. PRODUCTION OF FRUITS AND VEGETABLES FOR PROCESSING ON COVERED 
              COMMODITY BASE ACRES.

    (a) Mung Beans and Pulse Crops.--Section 1107(b)(3)(B) of the Food, 
Conservation, and Energy Act of 2008 (7 U.S.C. 8717(b)(3)(B)) is 
amended by striking ``(other than mung beans and pulse crops)''.
    (b) Authority for Production of Fruits and Vegetables for 
Processing.--Section 1107 of the Food, Conservation, and Energy Act of 
2008 (7 U.S.C. 8717) is amended by striking subsection (d) and 
inserting the following:
    ``(d) Authority for Production of Fruits and Vegetables for 
Processing.--
            ``(1) Planting authorized.--Beginning with the 2012 crop 
        year, notwithstanding paragraphs (1) and (2) of subsection (b) 
        and in addition to the exceptions provided in subsection (c), 
        producers on a farm may reduce the base acres for any covered 
        commodity for the farm for a crop year by 1 acre for each acre 
        used for the planting and production of fruits or vegetables 
        (other than potatoes) for processing.
            ``(2) Contract and management requirements.--Producers on a 
        farm shall--
                    ``(A) demonstrate to the Secretary that the 
                producers on the farm have entered into a contract to 
                produce a crop of a commodity specified in paragraph 
                (1) for processing;
                    ``(B) agree to produce the crop as part of a 
                program of crop rotation on the farm to achieve 
                agronomic and pest and disease management benefits; and
                    ``(C) provide evidence of the disposition of the 
                crop.
            ``(3) Reversion to covered commodity base acres.--Each acre 
        of a farm devoted to the planting and production of fruits or 
        vegetables under paragraph (1) shall be included in the base 
        acres for the covered commodity for the subsequent crop year, 
        unless the producers on the farm make the election described in 
        paragraph (1) for the subsequent crop year.
            ``(4) Recalculation of base acres.--
                    ``(A) In general.--Subject to subparagraph (B), if 
                the Secretary recalculates the base acres for a farm, 
                the planting of fruits and vegetables under paragraph 
                (1) shall be considered to be the same as the planting, 
                prevented planting, or production of a covered 
                commodity.
                    ``(B) Prohibition.--Nothing in this paragraph 
                provides authority for the Secretary to recalculate 
                base acres for a farm.''.
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