II 

112TH CONGRESS 

1ST SESSION S. 1427 

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 SENATE OF THE UNITED STATES 

JULY 27, 2011 

Mr. LUGAR introduced the following bill; which was read twice and referred 

to the Committee on Agriculture, Nutrition, and Forestry 

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 2011’’. 


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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 of the 

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

11 8717) is amended by striking subsection (d) and inserting 

12 the following: 

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

14 VEGETABLES FOR PROCESSING.— 

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

16 the 2012 crop year, notwithstanding paragraphs (1) 

17 and (2) of subsection (b) and in addition to the ex18 ceptions provided in subsection (c), producers on a 

19 farm may reduce the base acres for any covered 

20 commodity for the farm for a crop year by 1 acre 

21 for each acre used for the planting and production 

22 of fruits or vegetables (other than potatoes) for 

23 processing. 

24 ‘‘(2) CONTRACT AND MANAGEMENT REQUIRE25 MENTS.—Producers on a farm shall— 


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

2 producers on the farm have entered into a con3 tract to produce a crop of a commodity speci4 fied in paragraph (1) for processing; 

5 ‘‘(B) agree to produce the crop as part of 

6 a program of crop rotation on the farm to 

7 achieve agronomic and pest and disease man8 agement benefits; and 

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

10 the crop. 

11 ‘‘(3) REVERSION TO COVERED COMMODITY

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

13 planting and production of fruits or vegetables under 

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

15 the covered commodity for the subsequent crop year, 

16 unless the producers on the farm make the election 

17 described in paragraph (1) for the subsequent crop 

18 year. 

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

20 ‘‘(A) IN GENERAL.—Subject to subpara21 graph (B), if the Secretary recalculates the base 

22 acres for a farm, the planting of fruits and 

23 vegetables under paragraph (1) shall be consid24 ered to be the same as the planting, prevented 

25 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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