108th CONGRESS
2d Session
S. 2902
To ensure an abundant and affordable supply of highly nutritious
fruits, vegetables, and other specialty crops for American consumers and international
markets by enhancing the competitiveness of United States-grown specialty
crops.
IN THE SENATE OF THE UNITED STATES
October 6, 2004
Mr. CRAIG (for himself, Ms. STABENOW, and Mr. WYDEN) introduced the following
bill; which was read twice and referred to the Committee on Agriculture, Nutrition,
and Forestry
A BILL
To ensure an abundant and affordable supply of highly nutritious
fruits, vegetables, and other specialty crops for American consumers and international
markets by enhancing the competitiveness of United States-grown specialty
crops.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE- This Act may be cited as the `Specialty Crops Competitiveness
Act of 2004'.
(b) TABLE OF CONTENTS- The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings and purpose.
TITLE I--MARKETING
Sec. 101. Implementation of food safety programs under marketing orders.
Sec. 102. Increase in maximum amount of assistance authorized under tree
assistance program.
Sec. 103. Maintenance of Fredericksburg Inspection Training Center.
TITLE II--SPECIALTY CROP GRANTS AND LOANS
Sec. 201. Grants to States to enhance competitiveness of specialty crops.
Sec. 202. Operating loans.
Sec. 203. Increased purchases of fruits, vegetables, and specialty crops.
TITLE III--INTERNATIONAL TRADE
Sec. 301. Foreign market access study and strategy plan.
Sec. 302. Technical assistance for specialty crops.
Sec. 303. Animal and plant health inspection service.
Sec. 304. Foreign development assistance.
Sec. 305. Protection of intellectual property rights in plants and plant-derived
material.
TITLE IV--SPECIALTY CROP RESEARCH AND GRANTS
Sec. 401. Transfer of administration and funding of Office of Pest Management
Policy.
Sec. 402. Additional research initiatives.
Sec. 403. National specialty crops development initiative grant program.
TITLE V--INVASIVE PEST RESEARCH AND DISEASE RESPONSE
Sec. 501. Foreign invasive pests and diseases.
Sec. 502. Emergency response fund.
Sec. 503. Independent scientific advice for Animal and Plant Health Inspection
Service.
Sec. 504. Food safety initiatives.
TITLE VI--CONSERVATION
Sec. 601. Elimination of limitation on adjusted gross income from eligibility
requirements for environmental quality incentives program.
Sec. 602. Sustainability practices.
SEC. 2. FINDINGS AND PURPOSE.
(a) FINDINGS- Congress finds that--
(1) a secure domestic food supply is a national security imperative for
the United States;
(2) a competitive specialty crop industry in the United States is necessary
for the production of an abundant, affordable supply of highly nutritious
fruits, vegetables, and other specialty crops, which are vital to the health
and well-being of all Americans;
(3) increased consumption of specialty crops will provide tremendous health
and economic benefits to both consumers and specialty crop growers;
(4) specialty crop growers believe that there are numerous areas of Federal
agriculture policy that could be improved to promote increased consumption
of specialty crops and increase the competitiveness of producers in the
efficient production of affordable specialty crops in the United States;
(5) as the globalization of markets continues, it is becoming increasingly
difficult for United States producers to compete against heavily subsidized
foreign producers in both the domestic and foreign markets; and
(6) United States specialty crop producers continue to face serious tariff
and non-tariff trade barriers in many export markets.
(b) PURPOSE- It is the purpose of this Act to make necessary changes in and
additions to Federal agricultural policy to accomplish the goals of increasing
specialty crop consumption and improving the competitiveness of United States
specialty crop producers.
SEC. 3. DEFINITIONS.
(1) SECRETARY- The term `Secretary' means the Secretary of Agriculture.
(A) IN GENERAL- The term `specialty crop' means each agricultural crop
produced in the United States.
(B) EXCLUSIONS- The term `specialty crop' does not include wheat, feed
grains, oilseeds, cotton, rice, peanuts, sugar, and tobacco.
(3) STATE- The term `State' means--
(A) each of the several States of the United States;
(B) the Commonwealth of Puerto Rico;
(E) the United States Virgin Islands.
(4) STATE DEPARTMENT OF AGRICULTURE- The term `State department of agriculture'
means the agency, commission, or department of a State government responsible
for protecting and promoting agriculture in the State.
TITLE I--MARKETING
SEC. 101. IMPLEMENTATION OF FOOD SAFETY PROGRAMS UNDER MARKETING ORDERS.
Section 8c(7) of the Agricultural Adjustment Act (7 U.S.C. 608c(7)), reenacted
with amendments by the Agricultural Marketing Agreement Act of 1937, is amended--
(1) by redesignating subparagraphs (C) and (D) as subparagraph (D) and (E),
respectively; and
(2) by inserting after subparagraph (B) the following new subparagraph (C):
`(C) In the case of an order relating to a specialty crop (as defined in section
3 of the Specialty Crops Competitiveness Act of 2004), authorizing the implementation
of food safety programs, such as good agricultural and manufacturing practices,
ISO 9000 standards, and Hazard Analysis of Critical Control Points programs,
designed to enhance the safety of the specialty crop and products derived
from specialty crops.'.
SEC. 102. INCREASE IN MAXIMUM AMOUNT OF ASSISTANCE AUTHORIZED UNDER TREE
ASSISTANCE PROGRAM.
Section 10204(a) of the Farm Security and Rural Investment Act of 2002 (7
U.S.C. 8204(a)) is amended by striking `$75,000' and inserting `$150,000'.
SEC. 103. MAINTENANCE OF FREDERICKSBURG INSPECTION TRAINING CENTER.
There is authorized to be appropriated to the Secretary to maintain the Agricultural
Marketing Service inspection training center in Fredericksburg, Virginia,
$1,500,000 for each fiscal year.
TITLE II--SPECIALTY CROP GRANTS AND LOANS
SEC. 201. GRANTS TO STATES TO ENHANCE COMPETITIVENESS OF SPECIALTY CROPS.
(a) AVAILABILITY AND PURPOSE OF GRANTS-
(1) IN GENERAL- For each of fiscal years 2005 through 2008, the Secretary
shall make a grant under this section to each State that submits an application
for a grant for that fiscal year in accordance with the terms and conditions
established under paragraph (4).
(2) USE OF GRANT FUNDS- The grant funds shall be used by the State department
of agriculture solely to enhance the competitiveness of United States specialty
crops.
(3) MAINTENANCE OF EFFORT- The State shall provide assurances to the Secretary
that funds provided to the State under this section will be used only to
supplement, not to supplant, the amount of Federal, State, and local funds
otherwise expended in support of specialty crops and specialty crop producers
in the State.
(4) TERMS AND CONDITIONS- Not later than 180 days after the date of enactment
of this Act for fiscal year 2005 and before commencement of each of fiscal
years 2006 through 2008, the Secretary shall establish terms and conditions
for the submission of grant applications for that fiscal year.
(1) IN GENERAL- Subject to paragraph (2), the amount of the grant for a
fiscal year to a State under this section shall bear the same ratio to the
total amount made available under subsection (e) for that fiscal year as--
(A) the value of specialty crop production in the State during the preceding
calendar year; bears to
(B) the value of specialty crop production during that calendar year in
all those States submitting applications for a grant for that fiscal year.
(2) MINIMUM GRANT AMOUNT- At a minimum, each eligible State shall receive
$2,000,000 per fiscal year as a grant under this section.
(c) GRANT EXPENDITURE PRIORITIES-
(1) IN GENERAL- It is the intent of Congress that specialty crop producers,
organizations, and commissions should primarily benefit from the disposition
of grant funds under this section.
(2) ELIGIBILITY- To be eligible to receive a grant under this section, a
State department of agriculture shall conduct at least 1 public hearing,
or provide some other method for public comment, to obtain the advice and
opinion of specialty crop producers, organizations, and commissions in the
State regarding the use of grant funds.
(3) CONSIDERATION- The Secretary shall ensure that a State department of
agriculture considers the advice and opinions received under paragraph (2)
when making decisions about the use of grant funds.
(d) USE OF COMMODITY CREDIT CORPORATION- The Secretary shall use $470,000,000
of funds of the Commodity Credit Corporation during each of fiscal years 2005
through 2008 to carry out this section.
SEC. 202. OPERATING LOANS.
Section 313(a)(1) of the Consolidated Farm and Rural Development Act (7 U.S.C.
1943(a)(1)) is amended--
(1) by inserting `(or, if the borrower is a producer of a specialty crop
(as defined in section 3 of the Specialty Crops Competitiveness Act of 2004),
$500,000)' after `$200,000'; and
(2) by inserting `(or, if the borrower is a producer of a specialty crop
(as so defined), $1,500,000)' after `$700,000'.
SEC. 203. INCREASED PURCHASES OF FRUITS, VEGETABLES, AND SPECIALTY CROPS.
Section 10603(a) of the Farm Security and Rural Investment Act of 2002 (7
U.S.C. 612c-4(a)) is amended--
(1) by striking `Of the funds' and inserting the following:
`(1) IN GENERAL- Of the funds';
(2) in paragraph (1) (as designated by paragraph (1)), by striking `shall
use not' and inserting `shall use, in addition to an amount equal to the
amount used for fiscal year 2001, not'; and
(3) by adding at the end the following:
`(2) NO EFFECT ON OTHER PURCHASES- The purchase of additional fruits, vegetables,
and other specialty food crops under paragraph (1) shall not decrease, displace,
or otherwise affect any purchase by the Secretary or any agency or entity
of fruits, vegetables, or other commodities.'.
TITLE III--INTERNATIONAL TRADE
SEC. 301. FOREIGN MARKET ACCESS STUDY AND STRATEGY PLAN.
(a) DEFINITION OF URUGUAY ROUND AGREEMENTS- In this section, the term `Uruguay
Round Agreements' includes any agreement described in section 101(d) of the
Uruguay Round Agreements Act (19 U.S.C. 3511(d)).
(b) STUDY- The Comptroller General of the United States shall study--
(1) the extent to which United States specialty crops have or have not benefited
from any reductions of foreign trade barriers, as provided for in the Uruguay
Round Agreements; and
(2) the reasons why United States specialty crops have or have not benefited
from such trade-barrier reductions.
(c) STRATEGY PLAN- The Secretary shall prepare a foreign market access strategy
plan based on the study in subsection (b), to increase exports of specialty
crops, including an assessment of the foreign trade barriers that are incompatible
with the Uruguay Round Agreements and a strategy for removing those barriers.
(d) REPORT- Not later than 1 year after the date of enactment of this Act--
(1) the Comptroller General shall submit to Congress a report that contains
the results of the study; and
(2) the Secretary shall submit to Congress the strategy plan.
SEC. 302. TECHNICAL ASSISTANCE FOR SPECIALTY CROPS.
Section 3205(d) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C.
5680(d)) is amended--
(1) by striking `2002' and inserting `2005'; and
(2) by striking `$2,000,000' and inserting `$10,000,000'.
SEC. 303. ANIMAL AND PLANT HEALTH INSPECTION SERVICE.
(a) IN GENERAL- The Secretary shall establish in the Animal and Plant Health
Inspection Service of the Department of Agriculture, the Sanitary and Phytosanitary
Export Petition Division for the sole purpose of processing petitions that
are submitted to that Service for reducing sanitary and phytosanitary trade
barriers in export markets.
(b) STAFF AND SUPPORT- The Division shall be adequately staffed and supported
by resources necessary to manage the work associated with petitions described
in subsection (a).
(c) ELIMINATION OF BACKLOG- Not later than 5 years after the date of enactment
of this Act, the Secretary shall eliminate the backlog of the petitions in
existence on the date of enactment of this Act.
SEC. 304. FOREIGN DEVELOPMENT ASSISTANCE.
(a) STUDY- The Secretary shall direct the Foreign Agricultural Service of
the Department of Agriculture, in consultation with the Economic Research
Service of the Department and the Agency for International Development, to
evaluate how the United States Government can best assist the economic development
of developing countries without causing harm to the United States specialty
crop industry.
(b) REPORT- Not later than 1 year after the date of enactment of this Act,
the Secretary shall submit to Congress a report that contains the results
of the evaluation.
SEC. 305. PROTECTION OF INTELLECTUAL PROPERTY RIGHTS IN PLANTS AND PLANT-DERIVED
MATERIAL.
(a) ESTABLISHMENT- The Secretary shall establish an office in the Department
of Agriculture for the sole purpose of encouraging the development and protection
of intellectual property rights in plants and material derived from plants.
(b) DUTIES- The office shall be an advocate for the interests of United States
producers of specialty crops--
(1) before the Office of Patents, Trademarks, and Copyrights of the Department
of Commerce and other Federal agencies; and
(2) in international governmental and nongovernmental organizations dealing
with intellectual property rights.
SEC. 306. PLANT PATENTS.
(a) ESSENTIALLY DERIVED PLANT- Section 100 of title 35, United States Code,
is amended by adding at the end the following:
`(f) The term `essentially derived plant' means a plant that--
`(1) is predominantly derived from another plant (referred to in this paragraph
as the `initial plant') or from a plant that is predominantly derived from
the initial plant, while retaining the expression of the essential characteristics
that result from the genotype of the initial plant;
`(2) is clearly distinguishable from the initial plant; and
`(3) except for differences that result from the act of derivation, conforms
to the initial plant in the expression of the essential characteristics
that result from the genotype of the initial plant.'.
(b) NOVELTY- Section 162 of title 35, United States Code, is amended--
(1) by striking the section heading and inserting the following:
`Sec. 162. Description, claim, novelty';
(2) in the first undesignated paragraph, by striking `No plant' and inserting
the following:
`(a) DESCRIPTION- No plant';
(3) in the second undesignated paragraph, by striking `The claim' and inserting
the following:
`(b) CLAIM- The claim'; and
(4) by adding at the end the following:
`(1) IN GENERAL- Except as provided in paragraph (2), no plant patent application
shall be denied, nor shall any issued plant patent be invalidated, on the
grounds that the invention was sold or otherwise disposed of.
`(2) EXCEPTIONS- Paragraph (1) shall not apply if--
`(A) more than 1 year prior to the date of the application for patent
in the United States, the invention was sold or otherwise disposed of
to other persons in the United States, by or with the consent of the inventor
or discoverer, or the successor in interest of the inventor or discoverer,
for purposes of exploitation of the invention;
`(B) more than 4 years prior to the date of the application for patent
in the United States, the invention was sold or otherwise disposed of
to other persons in a foreign country, by or with the consent of the inventor
or discoverer, or the successor in interest of the inventor or discoverer,
for purposes of exploitation of the invention; or
`(C) more than 6 years prior to the date of the application for patent
in the United States, in the case of a tree or vine, the invention was
sold or otherwise disposed of to other persons in a foreign country, by
or with the consent of the inventor or discoverer, or the successor in
interest of the inventor or discoverer, for purposes of exploitation of
the invention.'.
(c) PLANT PATENT GRANT- Section 163 of title 35, United States Code, is amended--
(1) by striking `In the case' and inserting the following:
`(a) IN GENERAL- In the case'; and
(2) by adding at the end the following:
`(b) APPLICATION- Subsection (a) applies equally to--
`(1) any plant that is essentially derived from a protected plant, unless
the protected plant is an essentially derived plant; and
`(2) any plant that is not clearly distinguishable from a protected plant.'.
(d) CONFORMING AMENDMENT- The chapter analysis for chapter 15 of title 35,
United States Code is amended by striking the item relating to section 162
and inserting the following:
`162. Description, claim, novelty.'.
(e) APPLICATION- The amendments made by this section apply to--
(1) all applications for plant patents filed on or after the date of enactment
of this Act, or pending on that date; and
(2) in the case of the amendments made by subsection (b), all plant patents
in force on the date of enactment of this Act.
TITLE IV--SPECIALTY CROP RESEARCH AND GRANTS
SEC. 401. TRANSFER OF ADMINISTRATION AND FUNDING OF OFFICE OF PEST MANAGEMENT
POLICY.
(a) TRANSFER- The Secretary shall transfer the Office of Pest Management Policy
of the Department of Agriculture from the Agricultural Research Service to
the Office of the Secretary for administrative and funding purposes.
(b) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated
to the Secretary for the activities of the Office of Pest Management Policy
$5,000,000 for each fiscal year.
SEC. 402. ADDITIONAL RESEARCH INITIATIVES.
(a) METHYL BROMIDE ALTERNATIVES-
(A) IN GENERAL- The Secretary shall--
(i) elevate the priority of methyl bromide alternative research and
extension activities in effect on the date of enactment of this Act;
and
(ii) reexamine the risks and benefits of extending the phase-out deadline
in effect on the date of the enactment of this Act.
(B) REQUIREMENTS- Any alternative pesticide to methyl bromide shall include--
(i) the estimated cost to the grower or processor associated with the
alternative pesticide; and
(ii) how that cost is likely to relate to international trade, especially
in competition with countries not prohibited from using methyl bromide.
(2) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated
to carry out this subsection $5,000,000.
(b) QUANTIFICATION OF CLEAN AIR BENEFITS-
(1) AUTHORIZATION- The Secretary, acting through the Economic Research Service,
shall quantify the clean air benefits of the specialty crop industry in
relation to urban sprawl.
(2) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated
to carry out this subsection $5,000,000.
(c) ENHANCING QUALITY OF FRESH PRODUCE-
(1) AUTHORIZATION- The Secretary, acting through the Agriculture Research
Service and Cooperative State Research, Education, and Extension Service,
shall conduct preharvest and postharvest research specifically targeted
to maintain and enhance the quality of fresh produce, including taste and
appearance.
(2) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated
to carry out this subsection $1,000,000.
(d) NEW CROP PROTECTION TOOLS-
(1) AUTHORIZATION- The Secretary shall conduct research to develop cost
effective and efficacious new crop protection tools and integrated pest
management systems to address the loss of key pesticides through the implementation
of the amendments made by the Food Quality Protection Act of 1996 (7 U.S.C.
136 et seq.) and related laws (including regulations).
(2) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated
to carry out this subsection $1,000,000.
SEC. 403. NATIONAL SPECIALTY CROPS DEVELOPMENT INITIATIVE GRANT PROGRAM.
(a) IN GENERAL- The Secretary, acting through integrated competitive grant
programs administered by the Cooperative Research, Education, and Extension
Service, shall use $30,000,000 of funds of the Commodity Credit Corporation
for each of fiscal years 2005 through 2009
to support the National Specialty Crop Development Initiative, a long-term
program to improve efficiency and competitiveness of specialty crop producers
in the world marketplace.
(b) USE OF FUNDS- The Secretary, acting through the Agricultural Research
Service and the Cooperative Research, Education, and Extension Service, working
jointly with industry, shall use an appropriate amount of funds described
in subsection (a) to organize workshops to develop a comprehensive strategic
plan to address short-term, intermediate-term, and long-term needs in production
technology, marketing, product development, and food safety issues essential
to maintain a competitive specialty crop industry.
TITLE V--INVASIVE PEST RESEARCH AND DISEASE RESPONSE
SEC. 501. FOREIGN INVASIVE PESTS AND DISEASES.
(a) IN GENERAL- The Secretary may conduct specific research--
(1) to identify and prioritize the harmful economic and health impact of
foreign invasive pests and diseases threatening the United States; and
(2) to develop corresponding eradication and control programs.
(b) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated
to carry out this section $1,000,000.
SEC. 502. EMERGENCY RESPONSE FUND.
(a) ESTABLISHMENT- There is established in the Treasury of the United States
a revolving fund, to be known as the `Invasive Pest and Disease Response Fund'
(referred to in this section as the `Fund'), consisting of--
(1) such amounts as may be appropriated to the Fund; and
(2) any proceeds received by the Secretary as reimbursement for services
provided by the Secretary using amounts in the Fund.
(b) AVAILABILITY- Amounts in the Fund shall remain available until expended.
(c) USE OF FUND- On request by the Secretary, the Secretary of the Treasury
shall transfer from the Fund to the Secretary of Agriculture such amounts
as the Secretary determines are necessary to support emergency eradication
and research activities of the Animal and Plant Health Inspection Service
in response to economic and health threats posed by invasive pests and disease
to agricultural commodities.
(d) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated
to the Fund such funds as may be necessary to achieve a balance in the Fund
of $75,000,000 on October 1 of each fiscal year.
SEC. 503. INDEPENDENT SCIENTIFIC ADVICE FOR ANIMAL AND PLANT HEALTH INSPECTION
SERVICE.
(a) FINDING- Congress finds that the decision process at the Animal and Plant
Health Inspection Service with respect to requests to import specialty crops
into the United States, or export specialty crops from the United States,
would have greater credibility if the scientific analysis underlying the requests
was subject to independent scientific peer review.
(1) IN GENERAL- The Secretary, acting through the Administrator of the Animal
and Plant Health Inspection Service, shall establish a process to obtain
independent advice and peer review on the scientific and technical aspects
of requests to import specialty crops into the United States or export specialty
crops from the United States, including the preparation of risk assessments
and the design of mitigation measures.
(2) INITIATION- The independent review process shall be initiated at the
request of the Administrator.
(c) QUALIFICATIONS- Each person who participates in an independent scientific
review panel under this section shall be qualified by education, training,
and experience to evaluate scientific and technical information on matters
subject to review.
(d) REVIEW REQUIRED- The Administrator shall request an independent review
of the scientific and technical work product data that are used in connection
with policy guidance on, or in support of, a decision on--
(1) any situation in which there has been a request to export a specialty
crop grown in the United States to another country;
(2) establishment of the appropriate level of protection or level of negligible
risk that will be applicable to the consideration of a request for approval
to import a specialty crop from another country;
(3) consideration of the type (qualitative or quantitative) of risk assessment
to conduct with respect to a request for approval for the importation of
a specialty crop into the United States;
(4)(A) the sufficiency, type, and quality of data that should be submitted
to the Administrator in conjunction with a request to import a specialty
crop
into the United States and to merit preparation of a risk assessment; and
(B) following preparation of a risk assessment, a review of--
(i) the risk assessment, including the assumptions and interpretation
of the data used; and
(ii) the mitigation measures designed to address the plant pest and disease
issues relevant to the request; or
(5) situations in which the Animal and Plant Health Inspection Service is
considering permitting an import from a country where--
(A) multiple plant pests are present in the growing regions;
(B) both plant pests and plant diseases are present in the growing regions;
or
(C) new information or developments have become known which cast doubt
on the scientific basis of previous decisions.
(1) IN GENERAL- To facilitate review under this section, the Administrator
shall make available to the review panel all of the scientific and technical
information in the possession of the Animal and Plant Health Inspection
Service that is relevant to the matter to be reviewed.
(2) ADVICE AND COMMENTS- Not later than a date specified by the Administrator,
the panel shall make available to the Administrator--
(A) advice and comments on the adequacy of the scientific and technical
basis of the proposed action; and
(B) any pertinent information in the possession of the panel.
(f) USE OF TECHNICAL AND SCIENTIFIC CAPABILITIES OF FEDERAL AGENCIES- In preparing
advice and comments under subsection (e)(2)(A), a review panel may make use
of the technical and scientific capabilities of any Federal agency having
relevant expertise.
(g) COMMITTEES AND INVESTIGATIVE PANELS- The Administrator may establish such
committees and panels as are necessary to carry out this section.
(h) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated
such funds as are necessary to carry out this section.
SEC. 504. FOOD SAFETY INITIATIVES.
(a) INITIATIVE AUTHORIZED- The Secretary may carry out a food safety education
program to educate the public and persons in the fresh produce industry about--
(1) scientifically proven practices for reducing microbial pathogens on
fresh produce; and
(2) methods of reducing the threat of cross-contamination of fresh produce
through unsanitary handling practices.
(b) COOPERATION- The Secretary may carry out the education program in cooperation
with public and private partners.
(c) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated
to the Secretary to carry out this section $1,000,000.
TITLE VI--CONSERVATION
SEC. 601. ELIMINATION OF LIMITATION ON ADJUSTED GROSS INCOME FROM ELIGIBILITY
REQUIREMENTS FOR ENVIRONMENTAL QUALITY INCENTIVES PROGRAM.
Section 1001D(b)(2)(C) of the Food Security Act of 1985 (7 U.S.C. 1308-3a(b)(2)(C))
is amended by inserting `(other than the program under chapter 4 of subtitle
D of that title)' after `of this Act'.
SEC. 602. SUSTAINABILITY PRACTICES.
(a) ENCOURAGEMENT OF VOLUNTARY SUSTAINABILITY PRACTICES GUIDELINES- In administering
this Act and the amendments made by this Act, the Secretary shall encourage
the development of voluntary sustainable practices guidelines for producers
and processors of specialty crops, including provisions that--
(1) enhance producer-to-producer and processor-to-processor education about--
(A) the importance of sustainable practices; and
(B) how self-governance will enhance the economic viability and future
of the specialty crop community; and
(2) demonstrate that working closely with neighbors, communities, and other
stakeholders to maintain an open dialogue can address concerns, enhance
mutual respect, and accelerate results.
(b) PRIORITY IN ELIGIBILITY FOR CONSERVATION PROGRAMS- In establishing eligibility
for participation in conservation programs administered by the Secretary,
the Secretary may give priority to specialty crop producers that follow the
sustainability guidelines.
END
