II 

118TH CONGRESS 

1ST SESSION S. 2874 

To provide fresh produce to individuals facing food and nutrition insecurity, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 20, 2023 

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

to the Committee on Agriculture, Nutrition, and Forestry 

A BILL 

To provide fresh produce to individuals facing food and 

nutrition insecurity, and for other purposes. 

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 ‘‘Fresh Produce Pro5 curement Reform Act of 2023’’. 

6 SEC. 2. CONTRACTS FOR FRESH PRODUCE. 

7 (a) DEFINITIONS.—In this section: 

8 (1) BEGINNING FARMER.—The term ‘‘begin9 ning farmer’’ has the meaning given the term ‘‘be10 ginning farmer or rancher’’ in section 343(a) of the 


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1 Consolidated Farm and Rural Development Act (7 

2 U.S.C. 1991(a)). 

3 (2) ELIGIBLE ENTITY.—The term ‘‘eligible enti4 ty’’ means an entity that— 

5 (A) is— 

6 (i) a grower, packer, distributor, or 

7 food-hub; 

8 (ii) a nonprofit organization; or 

9 (iii) a cooperative; and 

10 (B)(i) is located in the State or locality in 

11 which the produce shall be distributed; or 

12 (ii) has demonstrated experience distrib13 uting to that State or locality. 

14 (3) FAMILY FARM.—The term ‘‘family farm’’ 

15 has the meaning given the term in section 761.2 of 

16 title 7, Code of Federal Regulations (as in effect on 

17 December 30, 2007). 

18 (4) PROGRAM.—The term ‘‘program’’ means 

19 the program established under subsection (b). 

20 (5) QUALIFYING ENTITY.—The term ‘‘quali21 fying entity’’ means a nonprofit food bank, a non22 profit food pantry, a nonprofit school, a nonprofit 

23 child or senior care center, a nonprofit youth-serving 

24 community based organization, a Tribal organiza25 tion, or a public agency that— 


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1 (A) participates in a nutrition program ad2 ministered by the Secretary, including— 

3 (i) the school lunch program estab4 lished under the Richard B. Russell Na5 tional School Lunch Act (42 U.S.C. 1751 

6 et seq.); 

7 (ii) the summer food service program 

8 established under section 13 of that Act 

9 (42 U.S.C. 1761); 

10 (iii) the child and adult care food pro11 gram established under section 17 of that 

12 Act (42 U.S.C. 1766); 

13 (iv) the food distribution program on 

14 Indian reservations established under sec15 tion 4(b) of the Food and Nutrition Act of 

16 2008 (7 U.S.C. 2013(b)); 

17 (v) the commodity supplemental food 

18 program established under section 4 of the 

19 Agriculture and Consumer Protection Act 

20 of 1973 (7 U.S.C. 612c note; Public Law 

21 93–86); and 

22 (vi) the emergency food assistance 

23 program established pursuant to the Emer24 gency Food Assistance Act of 1983 (7 

25 U.S.C. 7501 et seq.); or 


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1 (B) does not participate in a nutrition pro2 gram described in subparagraph (A) but has 

3 demonstrated experience in serving the needs of 

4 vulnerable populations facing food and nutrition 

5 insecurity. 

6 (6) SECRETARY.—The term ‘‘Secretary’’ means 

7 the Secretary of Agriculture, acting through the Ad8 ministrator of the Agricultural Marketing Service. 

9 (7) SOCIALLY DISADVANTAGED FARMER.—The 

10 term ‘‘socially disadvantaged farmer’’ has the mean11 ing given the term ‘‘socially disadvantaged farmer or 

12 rancher’’ in section 2501(a) of the Food, Agri13 culture, Conservation, and Trade Act of 1990 (7 

14 U.S.C. 2279(a)). 

15 (8) STATE.—The term ‘‘State’’ means— 

16 (A) a State; 

17 (B) the District of Columbia; 

18 (C) an Indian Tribe (as defined in section 

19 4 of the Indian Self-Determination and Edu20 cation Assistance Act (25 U.S.C. 5304)); and 

21 (D) a territory or possession of the United 

22 States. 

23 (9) VETERAN FARMER.—The term ‘‘veteran 

24 farmer’’ has the meaning given the term ‘‘veteran 

25 farmer or rancher’’ in section 2501(a) of the Food, 


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1 Agriculture, Conservation, and Trade Act of 1990 (7 

2 U.S.C. 2279(a)). 

3 (b) ESTABLISHMENT.—Not later than 90 days after 

4 the date of enactment of this Act, the Secretary, in con5 sultation with the Administrator of the Food and Nutri6 tion Service, shall establish a program under which the 

7 Secretary shall enter into contracts with eligible entities 

8 to procure fresh produce (excluding legumes) for distribu9 tion to qualifying entities that serve individuals at risk of 

10 food and nutrition insecurity. 

11 (c) PURPOSES.—The purposes of the program are— 

12 (1) to increase access of low-income households 

13 to a wide variety of fresh produce; 

14 (2) to directly connect produce producers and 

15 distributors to nonprofit emergency feeding entities; 

16 (3) to increase the procurement of fresh 

17 produce by the Federal Government; 

18 (4) to strengthen the local and regional food 

19 supply chain; 

20 (5) to reduce on-farm food loss caused by a 

21 market disruption; and 

22 (6) to model nimbleness and responsiveness in 

23 and out of emergency situations relating to food in24 security, nutrition security, and disruptions to the 

25 food supply chain. 


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1 (d) SELECTION.— 

2 (1) CRITERIA.—In selecting eligible entities 

3 with which to enter into contracts under the pro4 gram, the Secretary shall consider whether the eligi5 ble entity— 

6 (A) has demonstrated experience in fresh 

7 produce supply chain distribution; 

8 (B) is a small business concern (as defined 

9 in section 3 of the Small Business Act (15 

10 U.S.C. 632)); 

11 (C) holds a PACA license, relevant food 

12 safety certifications, and any other relevant li13 censes or certifications, as determined by the 

14 Secretary; 

15 (D) sources from small- and medium-sized 

16 growers, and local and regional produce, as geo17 graphically and seasonally feasible; 

18 (E) has demonstrated relationships with at 

19 least 2 qualifying entities, including a qualifying 

20 entity that does not receive resources through 

21 the emergency food assistance program estab22 lished pursuant to the Emergency Food Assist23 ance Act of 1983 (7 U.S.C. 7501 et seq.); and 

24 (F) offers the Secretary a price determined 

25 by the Secretary to be the overall best value 


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1 without limiting evaluation factors to lowest 

2 price or highest technical rating. 

3 (2) PRIORITY.—In selecting eligible entities 

4 with which to enter into contracts under the pro5 gram, the Secretary shall give priority to eligible en6 tities that— 

7 (A) grow the produce that will be provided 

8 and distributed to qualifying entities; 

9 (B) are, or source from— 

10 (i) beginning farmers; 

11 (ii) small or mid-sized farms that are 

12 structured as family farms; or 

13 (iii) socially disadvantaged farmers, 

14 including women-owned and veteran-owned 

15 eligible entities; and 

16 (C) are able to deliver to areas most in 

17 need of fresh produce, as determined by the 

18 Secretary. 

19 (e) CONTRACT TERMS.— 

20 (1) PERIOD OF PERFORMANCE.—The period of 

21 performance for a contract entered into under the 

22 program shall be— 

23 (A) not less than 90 days; and 

24 (B) not more than 120 days. 


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1 (2) PRICE.—The price paid by the Secretary 

2 under a contract entered into under the program 

3 shall be inclusive of all transportation and distribu4 tion costs associated with delivering fresh produce to 

5 the final destination of the applicable qualifying en6 tity. 

7 (3) PRODUCE MAKEUP.—A contract entered 

8 into under the program shall require that the fresh 

9 produce procured for distribution to a qualifying en10 tity meets the following requirements: 

11 (A) The fresh produce is grown in the 

12 United States. 

13 (B) The fresh produce includes locally 

14 grown produce as geographically and seasonally 

15 feasible, as determined by the Secretary. 

16 (C) Not fewer than 7 varieties of fresh 

17 produce are distributed. 

18 (D) The variety of fresh produce distrib19 uted is consistent with the most recent Dietary 

20 Guidelines for Americans published under sec21 tion 301 of the National Nutrition Monitoring 

22 and Related Research Act of 1990 (7 U.S.C. 

23 5341). 

24 (E) The fresh produce includes specialty 

25 crops of cultural importance to the recipients of 


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1 the fresh produce, as determined by the Sec2 retary, in consultation with the distributing 

3 qualifying entity. 

4 (4) PAYMENT UNDER CONTRACT.—Under a 

5 contract entered into under the program, the Sec6 retary shall— 

7 (A) make a payment to the eligible entity 

8 of not less than 30 percent of the contract price 

9 in advance of the first distribution of produce 

10 under the contract; and 

11 (B) after the eligible entity provides docu12 mentation that the payment under subpara13 graph (A) has been spent, pay the remaining 

14 amount under the contract in 2 disbursements 

15 of equal value. 

16 (f) PROGRAM ADMINISTRATION.— 

17 (1) QUALIFYING ENTITIES.—The Secretary 

18 shall— 

19 (A) maintain a list of qualifying entities 

20 that participate in the program; and 

21 (B) conduct outreach to ensure that quali22 fying entities are made aware of the program. 

23 (2) EQUITY AND GEOGRAPHIC REACH.— 

24 (A) IN GENERAL.—In carrying out the 

25 program each fiscal year, the Secretary shall 


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1 enter into contracts with eligible entities in a 

2 manner that ensures that the total value of con3 tracts entered into in each State is propor4 tionate to the number of households and indi5 viduals living in poverty within the State, as de6 termined by the Secretary. 

7 (B) DIVERSITY.—The Secretary shall 

8 award multiple contracts under the program to 

9 eligible entities located in or serving each region 

10 of the Food and Nutrition Service to provide 

11 opportunities to a broad range of producers and 

12 eligible entities. 

13 (3) VULNERABLE AREAS.—In carrying out the 

14 program, the Secretary shall establish a process— 

15 (A) to determine the areas most in need of 

16 produce provision under the program, including 

17 rural areas, the territories and possessions of 

18 the United States, and areas under the jurisdic19 tion of a Tribal government; and 

20 (B) to ensure that those areas are served 

21 by the program. 

22 (4) FINANCIAL INFORMATION AND ASSIST23 ANCE.—The Secretary shall provide— 

24 (A) information to assist small farmers, 

25 beginning farmers, veteran farmers, and socially 


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1 disadvantaged farmers in obtaining food safety 

2 certifications; and 

3 (B) financial assistance to cover the associ4 ated costs of necessary changes and upgrades 

5 to practices and equipment to improve food 

6 safety. 

7 (5) TECHNICAL ASSISTANCE.—The Secretary 

8 shall provide technical assistance to eligible entities 

9 participating in the program with respect to— 

10 (A) the contract terms and expectations 

11 applicable to those eligible entities; 

12 (B) best practices for the distribution of 

13 produce and expectations of the Secretary relat14 ing to distribution; and 

15 (C) food safety certification. 

16 (g) REPORTING.— 

17 (1) IN GENERAL.—Not later than 1 year after 

18 the date of enactment of this Act, the Secretary 

19 shall submit to the Committee on Agriculture, Nutri20 tion, and Forestry of the Senate and the Committee 

21 on Agriculture of the House of Representatives a re22 port that describes the activities carried out under 

23 the program, including, within a State— 

24 (A) the counties and percentage of coun25 ties served; 


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1 (B) the number of produce packages pro2 vided; 

3 (C) the quantity and variety of fresh 

4 produce distributed; 

5 (D) the number of farms from which 

6 produce is sourced, including the size of those 

7 farms; 

8 (E) the percentage of fresh produce pro9 cured locally and regionally; and 

10 (F) any other data determined relevant by 

11 the Secretary. 

12 (2) GAO REPORT.—Not later than 1 year after 

13 the date of enactment of this Act, the Comptroller 

14 General of the United States shall submit to the 

15 Committee on Agriculture, Nutrition, and Forestry 

16 of the Senate and the Committee on Agriculture of 

17 the House of Representatives a report that evaluates 

18 the effectiveness of the program with respect to the 

19 purposes of the program described in subsection (c). 

Æ 


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