I 

113TH CONGRESS 

1ST SESSION H. R. 1610 

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. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 17, 2013 

Mr. RIBBLE (for himself, Mr. WALZ, Mr. GIBBS, Mr. ROKITA, Mr. PETRI, and 

Mr. DUFFY) introduced the following bill; which was referred to the Committee on Agriculture 

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 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Farming Flexibility 

5 Act of 2013’’. 


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1 SEC. 2. PRODUCTION OF FRUITS AND VEGETABLES FOR 

2 PROCESSING ON COVERED COMMODITY BASE 

3 ACRES. 

4 (a) MUNG BEANS AND PULSE CROPS.—Section 

5 1107(b)(3)(B) of the Food, Conservation, and Energy Act 

6 of 2008 (7 U.S.C. 8717(b)(3)(B)) is amended by striking 

7 ‘‘(other than mung beans and pulse crops)’’. 

8 (b) AUTHORITY FOR PRODUCTION OF FRUITS AND

9 VEGETABLES FOR PROCESSING.—Section 1107(d) of the 

10 Food, Conservation, and Energy Act of 2008 (7 U.S.C. 

11 8717(d)) is amended to read as follows: 

12 ‘‘(d) AUTHORITY FOR PRODUCTION OF FRUITS AND

13 VEGETABLES FOR PROCESSING.— 

14 ‘‘(1) PLANTING AUTHORIZED.—Beginning with 

15 the 2014 crop year, notwithstanding paragraphs (1) 

16 and (2) of subsection (b) and in addition to the ex17 ceptions provided in subsection (c), producers on a 

18 farm may reduce the base acres for any covered 

19 commodity for the farm for a crop year by one acre 

20 for each acre used for the planting and production 

21 of fruits or vegetables (other than potatoes) for 

22 processing. 

23 ‘‘(2) CONTRACT AND MANAGEMENT REQUIRE24 MENTS.—Producers on a farm shall— 

25 ‘‘(A) demonstrate to the Secretary that the 

26 producers on the farm have entered into a conVerDate Mar 15 2010 05:06 Apr 19, 2013 Jkt 029200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1610.IH H1610

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1 tract to produce fruits and vegetables (other 

2 than potatoes) for processing; 

3 ‘‘(B) agree to produce fruits and vegeta4 bles (other than potatoes) as part of a program 

5 of crop rotation on the farm to achieve agro6 nomic and pest and disease management bene7 fits; and 

8 ‘‘(C) provide evidence of the disposition of 

9 the fruits or vegetables (other than potatoes). 

10 ‘‘(3) REVERSION TO COVERED COMMODITY

11 BASE ACRES.—Each acre of a farm devoted to the 

12 planting and production of fruits or vegetables under 

13 paragraph (1) shall be included in the base acres for 

14 the covered commodity for the subsequent crop year, 

15 unless the producers on the farm make the election 

16 described in paragraph (1) for the subsequent crop 

17 year. 

18 ‘‘(4) RECALCULATION OF BASE ACRES.— 

19 ‘‘(A) IN GENERAL.—Subject to subpara20 graph (B), if the Secretary recalculates the base 

21 acres for a farm, the planting of fruits and 

22 vegetables under paragraph (1) shall be consid23 ered to be the same as the planting, prevented 

24 planting, or production of a covered commodity. 


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1 ‘‘(B) PROHIBITION.—Nothing in this para2 graph provides authority for the Secretary to 

3 recalculate base acres for a farm.’’. 

Æ 


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