Opportunities in Organic Act of 2023

II 118TH CONGRESS 1ST SESSION S. 1582 To amend the Farm Security and Rural Investment Act of 2002 to expand the national organic certification cost-share program into a comprehen- sive organic program, and for other purposes. 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. LUJA´N) introduced the following bill; which was read twice and referred to the Committee on Ag- riculture, 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. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Opportunities in Or- 4 ganic Act of 2023’’. 5 VerDate Sep 11 2014 23:09 May 23, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1582.IS S1582 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •S 1582 IS SEC. 2. OPPORTUNITIES IN ORGANIC PROGRAM. 1 Section 10606 of the Farm Security and Rural In- 2 vestment Act of 2002 (7 U.S.C. 6523) is amended— 3 (1) in the section heading, by striking ‘‘NA- 4 TIONAL ORGANIC CERTIFICATION COST- 5 SHARE’’ and inserting ‘‘OPPORTUNITIES IN OR- 6 GANIC’’; 7 (2) by striking subsection (b); 8 (3) by redesignating subsections (c) and (d) as 9 subsections (e) and (f), respectively; 10 (4) in subsection (a), by striking the subsection 11 designation and heading and all that follows through 12 ‘‘Secretary of Agriculture’’ and inserting the fol- 13 lowing: 14 ‘‘(b) ESTABLISHMENT.—The Secretary’’; 15 (5) by inserting before subsection (b) (as so re- 16 designated) the following: 17 ‘‘(a) DEFINITIONS.—In this section: 18 ‘‘(1) CERTIFIED ORGANIC FARM; CERTIFIED 19 ORGANIC HANDLING OPERATION.—The terms ‘cer- 20 tified organic farm’ and ‘certified organic handling 21 operation’ have the meanings given those terms in 22 section 2103 of the Organic Foods Production Act 23 of 1990 (7 U.S.C. 6502). 24 ‘‘(2) ELIGIBLE NONPROFIT ORGANIZATION.— 25 The term ‘eligible nonprofit organization’ means a 26 VerDate Sep 11 2014 23:09 May 23, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1582.IS S1582 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •S 1582 IS nonprofit organization (as defined in section 1619(b) 1 of the Food, Agriculture, Conservation, and Trade 2 Act of 1990 (7 U.S.C. 5801(b))) that primarily 3 serves at least 1 of the following: 4 ‘‘(A) Socially disadvantaged farmers and 5 ranchers. 6 ‘‘(B) Organic producers and handlers. 7 ‘‘(C) 1 or more vulnerable agricultural re- 8 gions, such as farms near schools, childcare 9 providers, residential areas, or sensitive eco- 10 systems. 11 ‘‘(D) 1 or more under-resourced agricul- 12 tural regions. 13 ‘‘(E) Smaller nonprofit organizations (as 14 so defined) that primarily serve the entities or 15 regions described in subparagraph (A), (B), 16 (C), or (D). 17 ‘‘(3) NATIONAL ORGANIC PRODUCTION PRO- 18 GRAM.—The term ‘national organic production pro- 19 gram’ means the national organic production pro- 20 gram established under the Organic Foods Produc- 21 tion Act of 1990 (7 U.S.C. 6501 et seq.). 22 ‘‘(4) ORGANIC.—The term ‘organic’ has the 23 meaning given the term in section 205.2 of title 7, 24 VerDate Sep 11 2014 23:09 May 23, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1582.IS S1582 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •S 1582 IS Code of Federal Regulations (or a successor regula- 1 tion). 2 ‘‘(5) PROGRAM.—The term ‘program’ means 3 the Opportunities in Organic program established 4 under subsection (b). 5 ‘‘(6) SECRETARY.—The term ‘Secretary’ means 6 the Secretary of Agriculture. 7 ‘‘(7) SOCIALLY DISADVANTAGED FARMER OR 8 RANCHER; SOCIALLY DISADVANTAGED GROUP.—The 9 terms ‘socially disadvantaged farmer or rancher’ and 10 ‘socially disadvantaged group’ have the meanings 11 given those terms in section 2501(a) of the Food, 12 Agriculture, Conservation, and Trade Act of 1990 (7 13 U.S.C. 2279(a)). 14 ‘‘(8) TRANSITION TO ORGANIC.—The term 15 ‘transition to organic’ means the steps required to 16 become a certified organic farm.’’; 17 (6) in subsection (b) (as so redesignated)— 18 (A) by striking ‘‘a national organic certifi- 19 cation cost-share program to assist’’ and insert- 20 ing the following: ‘‘a program, to be known as 21 the ‘Opportunities in Organic program’— 22 ‘‘(1) to assist’’; 23 (B) in paragraph (1) (as so designated), by 24 striking ‘‘program established’’ and all that fol- 25 VerDate Sep 11 2014 23:09 May 23, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1582.IS S1582 pbinns on DSKJLVW7X2PROD with $$_JOB 5 •S 1582 IS lows through the period at the end and insert- 1 ing ‘‘program; and’’; and 2 (C) by adding at the end the following: 3 ‘‘(2) to provide support and technical assistance 4 for transition to organic and organic management.’’; 5 (7) by inserting after subsection (b) (as so re- 6 designated) the following: 7 ‘‘(c) FEDERAL ORGANIC CERTIFICATION COST- 8 SHARE.— 9 ‘‘(1) IN GENERAL.—Subject to paragraphs (2) 10 and (3), the Secretary shall pay under this sub- 11 section the costs incurred by a producer or handler 12 in obtaining certification under the national organic 13 production program, as certified to and approved by 14 the Secretary. 15 ‘‘(2) MAXIMUM AMOUNT.—Except as provided 16 in paragraph (3), the maximum amount of a pay- 17 ment made to a producer or handler under this sub- 18 section shall be $1,500. 19 ‘‘(3) ENSURING AFFORDABILITY.—Notwith- 20 standing paragraph (2), the Secretary may make 21 payments that exceed the maximum amount under 22 that paragraph to ensure that organic certification 23 costs are not a barrier to organic production, includ- 24 ing payment to a producer or handler who is— 25 VerDate Sep 11 2014 23:09 May 23, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1582.IS S1582 pbinns on DSKJLVW7X2PROD with $$_JOB 6 •S 1582 IS ‘‘(A) located in a region with dispropor- 1 tionately high certification costs, as determined 2 by the Secretary; or 3 ‘‘(B) a member of a socially disadvantaged 4 group. 5 ‘‘(d) SUPPORT FOR TRANSITION TO ORGANIC AND 6 TECHNICAL ASSISTANCE.— 7 ‘‘(1) TRANSITION AND RESILIENCE FUNDING.— 8 ‘‘(A) IN GENERAL.—The Secretary shall 9 award funding to eligible nonprofit organiza- 10 tions— 11 ‘‘(i) to build capacity to support tran- 12 sition to organic in accordance with sub- 13 paragraph (B); and 14 ‘‘(ii) to support transition to organic 15 in accordance with subparagraphs (C) and 16 (D). 17 ‘‘(B) ACTIVITIES TO BUILD CAPACITY.— 18 An eligible nonprofit organization that is 19 awarded funding under this subparagraph may 20 use the funding for staffing, materials, activi- 21 ties, and partnerships (including partnerships 22 with eligible nonprofit organizations described 23 in subsection (a)(2)(E)) that support transition 24 VerDate Sep 11 2014 23:09 May 23, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1582.IS S1582 pbinns on DSKJLVW7X2PROD with $$_JOB 7 •S 1582 IS to organic and resilience of certified organic 1 farms, including— 2 ‘‘(i) the recruitment of producers to 3 begin transition to organic; 4 ‘‘(ii) translation and communication 5 support, including development of mate- 6 rials to increase understanding of the prac- 7 tices and processes required to become cer- 8 tified as organic; 9 ‘‘(iii) assistance with applications, 10 compliance, recordkeeping, and other as- 11 pects of the organic certification process 12 and the transition to organic; 13 ‘‘(iv) financial, business, natural re- 14 source conservation, and farm planning; 15 ‘‘(v) support for fair contracting; 16 ‘‘(vi) technical assistance with organic 17 management practices, such as soil health, 18 nutrient management, pest management, 19 and other practices, as determined appro- 20 priate by the Secretary; 21 ‘‘(vii) by providing training on organic 22 certification requirements and organic 23 management to agricultural advisors and 24 consultants, including agronomists, crop 25 VerDate Sep 11 2014 23:09 May 23, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1582.IS S1582 pbinns on DSKJLVW7X2PROD with $$_JOB 8 •S 1582 IS advisors, pest control advisors, extension 1 agents, farm consultants, and other tech- 2 nical service providers, and agricultural in- 3 dustry entities, such as seed dealers, equip- 4 ment suppliers, and input suppliers; 5 ‘‘(viii) by facilitating paid mentor- 6 mentee relationships between organic pro- 7 ducers and producers in transition to or- 8 ganic, including stipends for all partici- 9 pants and training to support effective 10 mentorship; 11 ‘‘(ix) by assisting producers with ac- 12 cessing resources and funding for pro- 13 grams associated with organic manage- 14 ment, including conservation programs, 15 risk management tools, and organic sup- 16 port and research programs; 17 ‘‘(x) by establishing or expanding co- 18 operatives, organic grower groups, certified 19 organic processing, storage, refrigeration, 20 freezer, and distribution facilities and 21 equipment, food hubs, food security pro- 22 grams, additional programs under the In- 23 digenous Food Sovereignty Initiative of the 24 Department of Agriculture, organic-compli- 25 VerDate Sep 11 2014 23:09 May 23, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1582.IS S1582 pbinns on DSKJLVW7X2PROD with $$_JOB 9 •S 1582 IS ant composting services, and other regional 1 foodshed and supply chain infrastructure, 2 such as infrastructure for granaries and 3 meat processing; 4 ‘‘(xi) on-farm research, including 5 monitoring biodiversity, monitoring air and 6 water quality, measuring changes in soil 7 organic carbon and indicators of soil 8 health, developing regionally adapted seeds 9 and breeds, and carrying out trials and 10 documenting the effectiveness of holistic 11 approaches to pest, weed, and disease con- 12 trol; 13 ‘‘(xii) recruiting and training organic 14 certification staff and inspectors, with an 15 emphasis on expanding opportunities for 16 socially disadvantaged farmers and ranch- 17 ers and increasing diversity in the certifi- 18 cation process; 19 ‘‘(xiii) increasing access to land for 20 socially disadvantaged farmers and ranch- 21 ers and small and mid-sized farms and 22 ranches and promoting long-term organic 23 management (such as purchasing land for 24 incubator projects, promoting and sup- 25 VerDate Sep 11 2014 23:09 May 23, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1582.IS S1582 pbinns on DSKJLVW7X2PROD with $$_JOB 10 •S 1582 IS porting lease-to-own contracts, resolving 1 heirs property issues, and establishing 2 easements that facilitate long-term organic 3 stewardship); 4 ‘‘(xiv) supporting tenant farmers, in- 5 cluding through leasing options that serve 6 tenants and landlords long term; 7 ‘‘(xv) hosting or supporting regional 8 conventions, conferences, farmer-led train- 9 ing sessions and programs, field days, 10 teach-ins, and other educational opportuni- 11 ties focused on organic production; and 12 ‘‘(xvi) establishing infrastructure for 13 interfarmer skill sharing and exchanges, 14 including virtual forums. 15 ‘‘(C) PRODUCER TRANSITION AND RESIL- 16 IENCE FUNDING.— 17 ‘‘(i) IN GENERAL.—An eligible non- 18 profit organization that is awarded funding 19 under this subparagraph may use the 20 funding to provide transition and resilience 21 funding to existing organic operations, so- 22 cially disadvantaged farmers or ranchers, 23 or small or mid-sized farms or ranches. 24 ‘‘(ii) TERM.— 25 VerDate Sep 11 2014 23:09 May 23, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1582.IS S1582 pbinns on DSKJLVW7X2PROD with $$_JOB 11 •S 1582 IS ‘‘(I) IN GENERAL.—Funding pro- 1 vided under this subparagraph shall 2 be for a term of 4 years. 3 ‘‘(II) 1-TIME FUNDING.—The 4 Secretary may not renew funding pro- 5 vided to a recipient under this sub- 6 paragraph. 7 ‘‘(iii) USE OF FUNDS.—Funding 8 awarded under clause (i) may be used to 9 offset the costs of and reduce barriers to 10 becoming or expanding a certified organic 11 farm, including— 12 ‘‘(I) creating or expanding an or- 13 ganic system plan (as defined in sec- 14 tion 205.2 of title 7, Code of Federal 15 Regulations (as in effect on the date 16 of enactment of the Opportunities in 17 Organic Act of 2023)), including— 18 ‘‘(aa) completing organic 19 certification documents, planning, 20 and recordkeeping; and 21 ‘‘(bb) developing a conserva- 22 tion plan to address all natural 23 resources, including soil health; 24 VerDate Sep 11 2014 23:09 May 23, 2023 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S1582.IS S1582 pbinns on DSKJLVW7X2PROD with $$_JOB 12 •S 1582 IS ‘‘(II) adopting, improving, or ex- 1 panding organic management, includ- 2 ing— 3 ‘‘(aa) eliminating the use of 4 synthetic pesticides, synthetic fer- 5 tilizers, or antibiotics; 6 ‘‘(bb) the implementation of 7 cover cropping, crop rotation, or 8 rotational grazing; 9 ‘‘(cc) the production and use 10 of compost and manure (includ- 11 ing purchasing tools, supplies, or 12 storage); 13 ‘‘(dd) sourcing or producing 14 organic seed and feed; 15 ‘‘(ee) hedgerow and eco- 16 system enhancement planting 17 and design; 18 ‘‘(ff) purchasing supplies for 19 intercropping and polycropping 20 or other specialized equipment 21 for use in organic management; 22 and 23 ‘‘(gg) supporting beneficial 24 predators, pollinator habitats, 25 VerDate Sep 11 2014 23:09 May 23, 2023 Jkt 039200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S1582.IS S1582 pbinns on DSKJLVW7X2PROD with $$_JOB 13 •S 1582 IS erosion prevention, or watershed 1 restoration; 2 ‘‘(III) paying for costs associated 3 with processing, storage, and distribu- 4 tion equipment and facilities; 5 ‘‘(IV) carrying out on-farm re- 6 search to monitor and document the 7 impacts of transition to organic, in- 8 cluding in partnership with an institu- 9 tion of higher education or another 10 entity; 11 ‘‘(V) soil testing; 12 ‘‘(VI) debt relief to improve ac- 13 cess to capital and financial stability; 14 ‘‘(VII) forming a cooperative or 15 farmer-to-farmer network; 16 ‘‘(VIII) providing training to be- 17 come an organic inspector to expand 18 revenue and regional inspection capac- 19 ity; 20 ‘‘(IX) overcoming barriers to 21 land access, including payments to se- 22 cure longer leases and costs associated 23 with accessing land that has not been 24 treated with materials prohibited for 25 VerDate Sep 11 2014 [Text truncated for display. 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