Opportunities in Organic Act of 2023

I 118TH CONGRESS 1ST SESSION H. R. 3650 To amend the Farm Security and Rural Investment Act of 2002 to expand the national organic certification cost-share program into a comprehen- sive opportunities in organic program, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MAY 24, 2023 Mr. PANETTA (for himself, Ms. ADAMS, Ms. LOFGREN, Ms. BONAMICI, Ms. PINGREE, Mr. PAYNE, Mr. MCGOVERN, and Ms. SALINAS) introduced the following bill; which was referred to the Committee on Agriculture 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 opportunities in or- ganic 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 SEC. 2. OPPORTUNITIES IN ORGANIC PROGRAM. 6 Section 10606 of the Farm Security and Rural In- 7 vestment Act of 2002 (7 U.S.C. 6523) is amended— 8 VerDate Sep 11 2014 02:41 Oct 03, 2023 Jkt 049200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3650.IH H3650 rfrederick on DSKB3L4F33PROD with BILLS 2 •HR 3650 IH (1) in the section heading, by striking ‘‘NA- 1 TIONAL ORGANIC CERTIFICATION COST- 2 SHARE’’ and inserting ‘‘OPPORTUNITIES IN OR- 3 GANIC’’; 4 (2) in subsection (a)— 5 (A) by striking ‘‘national organic certifi- 6 cation cost-share program to assist’’ and insert- 7 ing ‘‘opportunities in organic program to— 8 ‘‘(1) assist’’; 9 (B) by striking the period at the end and 10 inserting ‘‘; and’’; and 11 (C) by adding at the end the following: 12 ‘‘(2) provide support and technical assistance 13 for transition to organic and organic management.’’; 14 (3) by striking subsection (b); 15 (4) by redesignating subsections (c) and (d) as 16 subsections (e) and (f), respectively; 17 (5) by inserting after subsection (a) the fol- 18 lowing: 19 ‘‘(b) FEDERAL ORGANIC CERTIFICATION COST 20 SHARE.— 21 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 22 the Secretary shall make payments to producers and 23 handlers to reimburse such producers or handlers 24 VerDate Sep 11 2014 02:41 Oct 03, 2023 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3650.IH H3650 rfrederick on DSKB3L4F33PROD with BILLS 3 •HR 3650 IH for costs incurred in obtaining certification under 1 the national organic production program. 2 ‘‘(2) MAXIMUM AMOUNT.— 3 ‘‘(A) IN GENERAL.—Except as provided in 4 subparagraph (B), the maximum amount of a 5 payment made to a producer or handler under 6 this section shall not exceed $1,500. 7 ‘‘(B) ENSURING AFFORDABILITY.—Not- 8 withstanding subparagraph (A), the Secretary 9 may make payments under this section that ex- 10 ceed the maximum amount specified in such 11 subparagraph— 12 ‘‘(i) in the case of such a payment 13 made to a producer or handler who is— 14 ‘‘(I) located in a region with dis- 15 proportionately high certification 16 costs; or 17 ‘‘(II) a member of a socially dis- 18 advantaged group; or 19 ‘‘(ii) in the case of any other such 20 payment made to a producer or handler 21 not described in clause (i), if the Secretary 22 determines that exceeding such amount 23 would ensure that organic certification 24 VerDate Sep 11 2014 02:41 Oct 03, 2023 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3650.IH H3650 rfrederick on DSKB3L4F33PROD with BILLS 4 •HR 3650 IH costs are not a barrier to organic produc- 1 tion. 2 ‘‘(c) TRANSITION AND RESILIENCE FUNDING.— 3 ‘‘(1) IN GENERAL.—The Secretary shall award 4 funding to eligible nonprofit organizations for any of 5 the purposes specified in paragraphs (2), (3), and 6 (4). 7 ‘‘(2) CAPACITY BUILDING.—The purposes speci- 8 fied in this paragraph are staffing, materials, activi- 9 ties, and partnerships (such as with smaller non- 10 profit organizations) that support transition to or- 11 ganic and resilience of certified organic farms, in- 12 cluding the following: 13 ‘‘(A) Recruitment of producers to begin 14 transition to organic. 15 ‘‘(B) Translation and communication sup- 16 port, including the development of simple and 17 culturally appropriate materials to increase un- 18 derstanding of the practices and processes re- 19 quired to become certified under the Organic 20 Foods Production Act of 1990 (7 U.S.C. 6501 21 et seq.). 22 ‘‘(C) Assistance with applications, compli- 23 ance, recordkeeping, and other aspects of the 24 organic certification process under such Act. 25 VerDate Sep 11 2014 02:41 Oct 03, 2023 Jkt 049200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3650.IH H3650 rfrederick on DSKB3L4F33PROD with BILLS 5 •HR 3650 IH ‘‘(D) Financial, business, and farm plan- 1 ning. 2 ‘‘(E) Support for fair contracting. 3 ‘‘(F) Technical assistance with soil build- 4 ing, pest management, and other practices. 5 ‘‘(G) Providing training on organic certifi- 6 cation requirements and organic management 7 to agricultural advisors and consultants, includ- 8 ing agronomists, crop advisors, pest control ad- 9 visors, extension agents, farm consultants, and 10 other technical service providers. 11 ‘‘(H) Facilitating paid mentor-mentee rela- 12 tionships between organic producers and pro- 13 ducers in transition to organic, including sti- 14 pends for all participants and training to sup- 15 port effective mentorship. 16 ‘‘(I) Assisting producers with accessing re- 17 sources and funding, including conservation 18 programs, risk management tools, and organic 19 support and research programs. 20 ‘‘(J) Establishing or expanding coopera- 21 tives, organic grower groups, certified organic 22 processing, storage, distribution facilities and 23 equipment, food hubs, food security and sov- 24 ereignty programs, organic-compliant 25 VerDate Sep 11 2014 02:41 Oct 03, 2023 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3650.IH H3650 rfrederick on DSKB3L4F33PROD with BILLS 6 •HR 3650 IH composting services, and other regional 1 foodshed and supply chain infrastructure. 2 ‘‘(K) On-farm research, including moni- 3 toring biodiversity, air, and water quality, 4 measuring changes in soil organic carbon and 5 indicators of soil health, developing regionally 6 adapted seeds and breeds, and trialing and doc- 7 umenting effectiveness of holistic approaches to 8 pest, weed, and disease control. 9 ‘‘(L) Recruiting and training organic cer- 10 tification staff and inspectors, with an emphasis 11 on expanding opportunities for socially dis- 12 advantaged farmers and ranchers and increas- 13 ing diversity in the certification process. 14 ‘‘(M) Increasing access to land for socially 15 disadvantaged farmers and ranchers and small- 16 and mid-sized farms and ranches and pro- 17 moting long-term organic management (such as 18 purchases of land for incubator projects, pro- 19 moting and supporting lease-to-own contracts, 20 resolving heirs property issues, and establishing 21 easements that facilitate long-term organic 22 stewardship). 23 ‘‘(N) Hosting or supporting regional 24 convenings, conferences, farmer-led trainings, 25 VerDate Sep 11 2014 02:41 Oct 03, 2023 Jkt 049200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3650.IH H3650 rfrederick on DSKB3L4F33PROD with BILLS 7 •HR 3650 IH field days, teach-ins, and other educational op- 1 portunities focused on organic production. 2 ‘‘(O) Establishing infrastructure for inter- 3 farmer skills share and exchanges, including 4 virtual forums. 5 ‘‘(3) PRODUCER TRANSITION AND RESIL- 6 IENCE.—The purpose specified in this paragraph is 7 to provide one-time, 4-year, transition and resilience 8 funding to socially disadvantaged farmers or ranch- 9 ers or small or mid-sized farms or ranches to offset 10 costs of, and reduce barriers to, becoming or ex- 11 panding a certified organic farm, including through 12 the following: 13 ‘‘(A) Creating or expanding an organic 14 system plan (as defined in section 205.2 of title 15 7, Code of Federal Regulations, as in effect on 16 the date of the enactment of the Opportunities 17 in Organic Act of 2023), including the fol- 18 lowing: 19 ‘‘(i) Completing organic certification 20 documents, planning, and recordkeeping. 21 ‘‘(ii) Developing a plan to build soil 22 health. 23 ‘‘(B) Adopting, improving, or expanding 24 organic management, including: 25 VerDate Sep 11 2014 02:41 Oct 03, 2023 Jkt 049200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3650.IH H3650 rfrederick on DSKB3L4F33PROD with BILLS 8 •HR 3650 IH ‘‘(i) Eliminating use of synthetic pes- 1 ticides, synthetic fertilizers, or antibiotics. 2 ‘‘(ii) Cover cropping, crop rotation, or 3 rotational grazing. 4 ‘‘(iii) Production and use of compost 5 and manure (including purchasing tools, 6 supplies, or storage). 7 ‘‘(iv) Sourcing or producing organic 8 seed and feed. 9 ‘‘(v) Hedgerow and ecosystem en- 10 hancement planting and design. 11 ‘‘(vi) Purchasing supplies for inter- 12 cropping and polycropping or other special- 13 ized equipment. 14 ‘‘(vii) Supporting beneficial predators, 15 pollinator habitats, erosion prevention, or 16 watershed restoration. 17 ‘‘(C) Costs associated with processing, 18 storage, and distribution equipment and facili- 19 ties. 20 ‘‘(D) Carrying out on-farm research to 21 monitor and document the impacts of transition 22 to organic, including in partnership with an- 23 other entity. 24 ‘‘(E) Soil testing. 25 VerDate Sep 11 2014 02:41 Oct 03, 2023 Jkt 049200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3650.IH H3650 rfrederick on DSKB3L4F33PROD with BILLS 9 •HR 3650 IH ‘‘(F) Debt relief to improve access to cap- 1 ital and financial stability. 2 ‘‘(G) Forming a cooperative or farmer-to- 3 farmer network. 4 ‘‘(H) Training to become an organic in- 5 spector to expand revenue and regional inspec- 6 tion capacity. 7 ‘‘(I) Covering costs associated with over- 8 coming barriers to land access, including pay- 9 ments to secure longer leases and to cover costs 10 associated with— 11 ‘‘(i) accessing land that has not been 12 treated with materials prohibited for use 13 on a certified organic farm; or 14 ‘‘(ii) transitioning land to organic 15 management. 16 ‘‘(J) Covering labor costs, including im- 17 provements to workplace safety, compensation, 18 professional development, and staff training on 19 organic transition implementation. 20 ‘‘(K) Improving food safety practices and 21 obtaining related certifications. 22 ‘‘(L) Providing or participating in organic 23 agriculture educational opportunities. 24 VerDate Sep 11 2014 02:41 Oct 03, 2023 Jkt 049200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3650.IH H3650 rfrederick on DSKB3L4F33PROD with BILLS 10 •HR 3650 IH ‘‘(M) Replacing foregone income during 1 transition to organic due to short-term changes 2 in yield and limited market options. 3 ‘‘(N) Construction or improvement of 4 housing for apprentices, trainees, or volunteers 5 or other on-farm infrastructure. 6 ‘‘(O) Financial, business, and farm plan- 7 ning. 8 ‘‘(4) ORGANIC SUPPLY CHAIN.—The purposes 9 specified in this paragraph are to provide funding to 10 other entities— 11 ‘‘(A) to strengthen organic capacity or ex- 12 pand access to certified organic handling oper- 13 ations, including— 14 ‘‘(i) constructing, expanding, or im- 15 proving access to a certified organic han- 16 dling operation; 17 ‘‘(ii) purchasing farm equipment, 18 value added supplies, and other materials 19 that improve market access; and 20 ‘‘(iii) pursuing organic certification 21 for an existing handling operation; and 22 ‘‘(B) to strengthen opportunities in organic 23 production for socially disadvantaged farmers 24 or ranchers, small or mid-sized farms or 25 VerDate Sep 11 2014 02:41 Oct 03, 2023 Jkt 049200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H3650.IH H3650 rfrederick on DSKB3L4F33PROD with BILLS 11 •HR 3650 IH ranches, or vulnerable agricultural regions 1 (such as farms near schools, childcare pro- 2 viders, residential areas, sensitive ecosystems) 3 or under-resourced agricultural regions. 4 ‘‘(5) MEETINGS.—An eligible nonprofit organi- 5 zation that receives funds under this subsection 6 shall— 7 ‘‘(A) communicate not less than once per 8 calendar quarter with each entity awarded 9 funding for the purposes specified in para- 10 graphs (3) and (4) to— 11 ‘‘(i) monitor progress with respect to 12 transition to organic and organic supply 13 chain development; 14 ‘‘(ii) address the improvement to, and 15 impact of, the transition to organic produc- 16 tion, including observed changes in bio- 17 diversity, soil health, pests, weeds, and dis- 18 ease occurrence, crop yield, and resilience; 19 ‘‘(iii) address challenges in 20 transitioning to organic and program par- 21 ticipation; 22 ‘‘(iv) consider market opportunities 23 for organic products and the adoption of 24 additional practices that reduce the use of 25 VerDate Sep 11 2014 02:41 Oct 03, 2023 Jkt 049200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H3650.IH H3650 rfrederick on DSKB3L4F33PROD with BILLS 12 •HR 3650 IH synthetic chemicals and foster soil fertility; 1 and 2 ‘‘(v) explore opportunities for coordi- 3 nated farm team meetings with staff from 4 relevant agencies and other organizations, 5 to streamline agricultural assistance and 6 improve farm viability, while increasing 7 adoption of on-farm conservation practices; 8 and 9 ‘‘(B) meet not less than once per year with 10 staff of the Department of Agriculture (as de- 11 termined by the Secretary) for the duration of 12 the funding period to discuss program partici- 13 pation and impacts, demographics and scale of 14 participants, transition success rates, market 15 opportunities, research results, and challenges 16 identified. 17 ‘‘(d) TECHNICAL ASSISTANCE.— 18 ‘‘(1) IN GENERAL.—The Secretary shall in- 19 crease regional resources to support organic manage- 20 ment, including technical assistance, outreach, sup- 21 ply chain coordination, and activities specified in 22 paragraph (2), through expanded organic-related ca- 23 pacity and partnerships at— 24 VerDate Sep 11 2014 02:41 Oct 03, 2023 Jkt 049200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H3650.IH H3650 rfrederick on DSKB3L4F33PROD with BILLS 13 •HR 3650 IH ‘‘(A) the Department of Agriculture, in- 1 cluding within the Agricultural Marketing Serv- 2 ice, the Farm Service Agency, the Natural Re- 3 sources Conservation Service, the Risk Manage- 4 ment Agency, the offices under the Undersecre- 5 tary of Rural Development, the Food and Nu- 6 trition Service, and climate hubs, with an em- 7 phasis on local and regional offices; 8 ‘‘(B) universities and educational institu- 9 tions, with an emphasis on institutions serving 10 socially disadvantaged farmers and ranchers; 11 ‘‘(C) the cooper [Text truncated for display. 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