118 S1582 IS: Opportunities in Organic Act of 2023
U.S. Senate
2023-05-11
text/xml
EN
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II
118th CONGRESS
1st Session
S. 1582
IN THE SENATE OF THE UNITED STATES
May 11, 2023
Mr. Welch (for himself, Ms. Baldwin, Mr. Booker, Mr. Casey, Mr. Fetterman, Mrs. Gillibrand, Mr. King, Mr. Padilla, Mr. Markey, Mr. Sanders, Ms. Smith, Mr. Murphy, and Mr. Luján) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry
A BILL
To amend the Farm Security and Rural Investment Act of 2002 to expand the national organic certification cost-share program into a comprehensive organic program, and for other purposes.
1.

Short title
This Act may be cited as the “Opportunities in Organic Act of 2023”.
2.

Opportunities in Organic program
Section 10606 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 6523) is amended—
(1)
in the section heading, by striking “National organic certification cost-share” and inserting “Opportunities in organic”;
(2)
by striking subsection (b);
(3)
by redesignating subsections (c) and (d) as subsections (e) and (f), respectively;
(4)
in subsection (a), by striking the subsection designation and heading and all that follows through “Secretary of Agriculture” and inserting the following:
“(b)

Establishment
The Secretary”;
(5)
by inserting before subsection (b) (as so redesignated) the following:
“(a)

Definitions
In this section:
(1)

Certified organic farm; certified organic handling operation
The terms certified organic farm and certified organic handling operation have the meanings given those terms in section 2103 of the Organic Foods Production Act of 1990 (7 U.S.C. 6502).
(2)

Eligible nonprofit organization
The term eligible nonprofit organization means a nonprofit organization (as defined in section 1619(b) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5801(b))) that primarily serves at least 1 of the following:
(A)
Socially disadvantaged farmers and ranchers.
(B)
Organic producers and handlers.
(C)
1 or more vulnerable agricultural regions, such as farms near schools, childcare providers, residential areas, or sensitive ecosystems.
(D)
1 or more under-resourced agricultural regions.
(E)
Smaller nonprofit organizations (as so defined) that primarily serve the entities or regions described in subparagraph (A), (B), (C), or (D).
(3)

National organic production program
The term national organic production program means the national organic production program established under the Organic Foods Production Act of 1990 (7 U.S.C. 6501 et seq.).
(4)

Organic
The term organic has the meaning given the term in section 205.2 of title 7, Code of Federal Regulations (or a successor regulation).
(5)

Program
The term program means the Opportunities in Organic program established under subsection (b).
(6)

Secretary
The term Secretary means the Secretary of Agriculture.
(7)

Socially disadvantaged farmer or rancher; socially disadvantaged group
The terms socially disadvantaged farmer or rancher and socially disadvantaged group have the meanings given those terms in section 2501(a) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279(a)).
(8)

Transition to organic
The term transition to organic means the steps required to become a certified organic farm.”;
(6)
in subsection (b) (as so redesignated)—
(A)
by striking “a national organic certification cost-share program to assist” and inserting the following:
“a program, to be known as the “Opportunities in Organic program”—
(1)
to assist”;
(B)
in paragraph (1) (as so designated), by striking “program established” and all that follows through the period at the end and inserting “program; and”; and
(C)
by adding at the end the following:
“(2)
to provide support and technical assistance for transition to organic and organic management.”;
(7)
by inserting after subsection (b) (as so redesignated) the following:
“(c)

Federal organic certification cost-share
(1)

In general
Subject to paragraphs (2) and (3), the Secretary shall pay under this subsection the costs incurred by a producer or handler in obtaining certification under the national organic production program, as certified to and approved by the Secretary.
(2)

Maximum amount
Except as provided in paragraph (3), the maximum amount of a payment made to a producer or handler under this subsection shall be $1,500.
(3)

Ensuring affordability
Notwithstanding paragraph (2), the Secretary may make payments that exceed the maximum amount under that paragraph to ensure that organic certification costs are not a barrier to organic production, including payment to a producer or handler who is—
(A)
located in a region with disproportionately high certification costs, as determined by the Secretary; or
(B)
a member of a socially disadvantaged group.
(d)

Support for transition to organic and technical assistance
(1)

Transition and resilience funding
(A)

In general
The Secretary shall award funding to eligible nonprofit organizations—
(i)
to build capacity to support transition to organic in accordance with subparagraph (B); and
(ii)
to support transition to organic in accordance with subparagraphs (C) and (D).
(B)

Activities to build capacity
An eligible nonprofit organization that is awarded funding under this subparagraph may use the funding for staffing, materials, activities, and partnerships (including partnerships with eligible nonprofit organizations described in subsection (a)(2)(E)) that support transition to organic and resilience of certified organic farms, including—
(i)
the recruitment of producers to begin transition to organic;
(ii)
translation and communication support, including development of materials to increase understanding of the practices and processes required to become certified as organic;
(iii)
assistance with applications, compliance, recordkeeping, and other aspects of the organic certification process and the transition to organic;
(iv)
financial, business, natural resource conservation, and farm planning;
(v)
support for fair contracting;
(vi)
technical assistance with organic management practices, such as soil health, nutrient management, pest management, and other practices, as determined appropriate by the Secretary;
(vii)
by providing training on organic certification requirements and organic management to agricultural advisors and consultants, including agronomists, crop advisors, pest control advisors, extension agents, farm consultants, and other technical service providers, and agricultural industry entities, such as seed dealers, equipment suppliers, and input suppliers;
(viii)
by facilitating paid mentor-mentee relationships between organic producers and producers in transition to organic, including stipends for all participants and training to support effective mentorship;
(ix)
by assisting producers with accessing resources and funding for programs associated with organic management, including conservation programs, risk management tools, and organic support and research programs;
(x)
by establishing or expanding cooperatives, organic grower groups, certified organic processing, storage, refrigeration, freezer, and distribution facilities and equipment, food hubs, food security programs, additional programs under the Indigenous Food Sovereignty Initiative of the Department of Agriculture, organic-compliant composting services, and other regional foodshed and supply chain infrastructure, such as infrastructure for granaries and meat processing;
(xi)
on-farm research, including monitoring biodiversity, monitoring air and water quality, measuring changes in soil organic carbon and indicators of soil health, developing regionally adapted seeds and breeds, and carrying out trials and documenting the effectiveness of holistic approaches to pest, weed, and disease control;
(xii)
recruiting and training organic certification staff and inspectors, with an emphasis on expanding opportunities for socially disadvantaged farmers and ranchers and increasing diversity in the certification process;
(xiii)
increasing access to land for socially disadvantaged farmers and ranchers and small and mid-sized farms and ranches and promoting long-term organic management (such as purchasing land for incubator projects, promoting and supporting lease-to-own contracts, resolving heirs property issues, and establishing easements that facilitate long-term organic stewardship);
(xiv)
supporting tenant farmers, including through leasing options that serve tenants and landlords long term;
(xv)
hosting or supporting regional conventions, conferences, farmer-led training sessions and programs, field days, teach-ins, and other educational opportunities focused on organic production; and
(xvi)
establishing infrastructure for interfarmer skill sharing and exchanges, including virtual forums.
(C)

Producer transition and resilience funding
(i)

In general
An eligible nonprofit organization that is awarded funding under this subparagraph may use the funding to provide transition and resilience funding to existing organic operations, socially disadvantaged farmers or ranchers, or small or mid-sized farms or ranches.
(ii)

Term
(I)

In general
Funding provided under this subparagraph shall be for a term of 4 years.
(II)

1-time funding
The Secretary may not renew funding provided to a recipient under this subparagraph.
(iii)

Use of funds
Funding awarded under clause (i) may be used to offset the costs of and reduce barriers to becoming or expanding a certified organic farm, including—
(I)
creating or expanding an organic system plan (as defined in section 205.2 of title 7, Code of Federal Regulations (as in effect on the date of enactment of the Opportunities in Organic Act of 2023)), including—
- (aa)
completing organic certification documents, planning, and recordkeeping; and
- (bb)
developing a conservation plan to address all natural resources, including soil health;
(II)
adopting, improving, or expanding organic management, including—
- (aa)
eliminating the use of synthetic pesticides, synthetic fertilizers, or antibiotics;
- (bb)
the implementation of cover cropping, crop rotation, or rotational grazing;
- (cc)
the production and use of compost and manure (including purchasing tools, supplies, or storage);
- (dd)
sourcing or producing organic seed and feed;
- (ee)
hedgerow and ecosystem enhancement planting and design;
- (ff)
purchasing supplies for intercropping and polycropping or other specialized equipment for use in organic management; and
- (gg)
supporting beneficial predators, pollinator habitats, erosion prevention, or watershed restoration;
(III)
paying for costs associated with processing, storage, and distribution equipment and facilities;
(IV)
carrying out on-farm research to monitor and document the impacts of transition to organic, including in partnership with an institution of higher education or another entity;
(V)
soil testing;
(VI)
debt relief to improve access to capital and financial stability;
(VII)
forming a cooperative or farmer-to-farmer network;
(VIII)
providing training to become an organic inspector to expand revenue and regional inspection capacity;
(IX)
overcoming barriers to land access, including payments to secure longer leases and costs associated with accessing land that has not been treated with materials prohibited for use on a certified organic farm or transitioning land to organic management;
(X)
paying for labor costs, including costs associated with improvements to workplace safety, compensation, professional development, and staff training on transition to organic implementation;
(XI)
improving food safety practices and obtaining related certifications;
(XII)
providing or participating in organic agriculture educational opportunities;
(XIII)
providing compensation for foregone income during transition to organic due to short-term changes in yield and limited market options;
(XIV)
construction or improvement of housing for apprentices, trainees, or volunteers or other on-farm infrastructure; and
(XV)
financial, business, and farm planning.
(iv)

Organic system plan
As a condition of receiving funding under this subparagraph to carry out any of the activities described in subclauses (II) through (XV) of clause (iii), an organic operation, socially disadvantaged farmer or rancher, or small or mid-sized farm or ranch shall be required to develop an organic system plan described in subclause (I) of that clause.
(D)

Organic supply chain funding
(i)

In general
An eligible nonprofit organization that is awarded funding under this subparagraph may use the funding to support organic supply chain development, including by providing the funding to other entities to support organic supply chain development.
(ii)

Use of funds
Funding awarded under clause (i)—
(I)
may be used to strengthen organic capacity or expand access to certified organic handling operations, including—
- (aa)
constructing, expanding, or improving access to a certified organic handling operation;
- (bb)
purchasing farm equipment, value added supplies, and other materials that improve market access; and
- (cc)
pursuing organic certification for an existing handling operation; and
(II)
shall be used to strengthen opportunities in organic capacity for socially disadvantaged farmers or ranchers, small or mid-sized farms or ranches, vulnerable agricultural regions (such as farms near schools, childcare providers, residential areas, and sensitive ecosystems), or under-resourced agricultural regions.
(E)

Communications; meetings
An eligible nonprofit organization that receives funding under subparagraph (B), (C), or (D) shall—
(i)
communicate not less frequently than once per quarter with each other entity awarded funding pursuant to those subparagraphs—
(I)
to monitor progress with respect to transition to organic and organic supply chain development;
(II)
to address improvements and impacts of the transition to organic, including observed changes in biodiversity, soil health, pests, weeds, and disease occurrence, crop yield, and resilience;
(III)
to address challenges associated with transition to organic;
(IV)
to consider market opportunities and the adoption of additional practices; and
(V)
to explore opportunities for coordinated farm team meetings with staff from relevant agencies and organizations to streamline agricultural assistance and improve farm viability while increasing adoption of on-farm conservation practices; and
(ii)
meet not less frequently than annually for each year for which funding is provided with staff of the Department of Agriculture (as determined by the Secretary) to discuss program participation and impacts, demographics and scale of participants, transition to organic success rates, market opportunities, research results, and challenges identified in the transition to organic.
(2)

Technical assistance
(A)

In general
The Secretary shall increase regional resources to support organic management, including technical assistance, outreach, supply chain coordination, and activities described in subparagraph (B), through expanded organic-related capacity and partnerships at—
(i)
the Department of Agriculture, including within the Agricultural Marketing Service, the Farm Service Agency, the Natural Resources Conservation Service, the Risk Management Agency, the offices under the Undersecretary of Rural Development, the Food and Nutrition Service, and climate hubs, with an emphasis on local and regional offices;
(ii)
universities and educational institutions, with an emphasis on institutions serving socially disadvantaged farmers and ranchers;
(iii)
the cooperative extension programs of the Secretary, including the Federally Recognized Tribes Extension Program;
(iv)
State, regional, and Tribal departments of agriculture; and
(v)
eligible nonprofit organizations.
(B)

Authorized activities
Activities carried out through the entities described in subparagraph (A) shall include—
(i)
regional education sessions on organic management;
(ii)
the development of regionally tailored resources, technical assistance programs, and teaching farms for organic producers and producers in transition to organic, including tools to promote and facilitate participation of socially disadvantaged farmers and ranchers and small and mid-sized farms and ranches in organic and complementary support programs;
(iii)
ongoing outreach to and needs assessment of producers in transition to organic to identify barriers to organic production and mechanisms to address those barriers;
(iv)
the identification of priority locations to promote transition to organic, including near schools and childcare providers, residential areas, and sensitive ecosystems;
(v)
organic supply chain and infrastructure development;
(vi)
the expansion of organic and local supply chains and market opportunities, including establishing channels for producers to offer products to institutional buyers and supporting purchases through nutrition programs; and
(vii)
advancing food waste reduction strategies that support producer income and soil health, including—
(I)
closed-loop programs that connect community composting and food scrap collection operations with farms; and
(II)
coordination to maximize use of farm products, composting, and waste reduction.”;
(8)
in subsection (e) (as so redesignated)—
(A)
by striking “including the number” and inserting the following:
“including—
(1)
the number”;
(B)
in paragraph (1) (as so designated), by striking the period at the end and inserting a semicolon; and
(C)
by adding at the end the following:
“(2)
the demographics, acreage, and sales of producer participants that received support under the program, aggregated by region;
(3)
the number of producers and handlers that—
(A)
received support from the program in the previous fiscal year;
(B)
began transition to organic; and
(C)
achieved new organic certification;
(4)
any barriers to achieving organic certification;
(5)
the transition to organic activities carried out by eligible nonprofit organizations and the metrics used to evaluate the success of those activities;
(6)
research findings and best practices to support transition to organic;
(7)
changes in organic-relevant capacity at public institutions of higher education and eligible nonprofit organizations; and
(8)
changes in availability of organic-relevant technical assistance.”; and
(9)
in subsection (f)(1) (as so redesignated), by striking subparagraphs (A), (B), and (C) and inserting the following:
“(A)
$50,000,000 for each of fiscal years 2024 and 2025;
(B)
$80,000,000 for fiscal year 2026; and
(C)
$100,000,000 for each of fiscal years 2027 and 2028.”.