II 112th CONGRESS 1st Session S. 1427 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.

1.

Short title

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

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. .