I 

118TH CONGRESS 

1ST SESSION H. R. 6712 

To amend the Specialty Crops Competitiveness Act of 2004 to provide recovery payments to seasonal and perishable crop growers who experienced 

low prices caused by imports, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 11, 2023 

Mr. RUIZ (for himself and Mr. AUSTIN SCOTT of Georgia) introduced the 

following bill; which was referred to the Committee on Agriculture 

A BILL 

To amend the Specialty Crops Competitiveness Act of 2004 

to provide recovery payments to seasonal and perishable 

crop growers who experienced low prices caused by imports, 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 ‘‘American Seasonal and 

5 Perishable Crop Support Act’’. 

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1 SEC. 2. SEASONAL AND PERISHABLE INSURANCE PRO2 GRAMS. 

3 The Specialty Crops Competitiveness Act of 2004 

4 (Public Law 108–465) is amended by adding at the end 

5 the following: 

6 ‘‘TITLE V—SEASONAL AND PER7 ISHABLE INSURANCE PRO8 GRAMS 

9 ‘‘SEC. 501. SEASONAL AND PERISHABLE CROP LOSS PRO10 GRAM. 

11 ‘‘(a) SEASONAL AND PERISHABLE CROP LOSS.— 

12 ‘‘(1) IN GENERAL.—Beginning with marketing 

13 year 2024, with respect to a producer of a seasonal 

14 and perishable crop in a geographic region described 

15 in paragraph (2), the Secretary shall make crop loss 

16 payments in accordance with this section for a mar17 keting year if the Secretary determines that— 

18 ‘‘(A) the effective price for the seasonal 

19 and perishable crop for such marketing year is 

20 less than the reference price for such crop; and 

21 ‘‘(B) the crop loss described in subpara22 graph (A) is caused by imports of the seasonal 

23 and perishable crop. 

24 ‘‘(2) GEOGRAPHIC COVERAGE.—A geographic 

25 region described in this paragraph is a geographic 

26 region for which at least 50 percent of the producers 

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1 that produce at least one seasonal and perishable 

2 crop make a one-time election to participate in the 

3 seasonal perishable crop loss payment program 

4 under this section with respect to a marketing year. 

5 ‘‘(3) ELECTION.—For each marketing year, the 

6 Secretary shall allow producers of seasonal and per7 ishable crops to make a one-time election to partici8 pate in the seasonal and perishable crop loss pro9 gram under this section with respect to such mar10 keting year. 

11 ‘‘(b) EFFECTIVE PRICE.—The effective price for a 

12 seasonal and perishable crop for a marketing year shall 

13 be the national average market price for the seasonal and 

14 perishable crop. 

15 ‘‘(c) PAYMENTS.— 

16 ‘‘(1) IN GENERAL.—The amount of a payment 

17 to a producer for a marketing year under this sec18 tion shall be equal to the payment rate determined 

19 under paragraph (2) with respect to the seasonal 

20 and perishable crops of such producer multiplied by 

21 85 percent of the 5-year Olympic average with re22 spect to such seasonal and perishable crops. 

23 ‘‘(2) PAYMENT RATE.—The payment rate shall 

24 be equal to the difference between— 

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1 ‘‘(A) the reference price for the covered 

2 seasonal and perishable crop; and 

3 ‘‘(B) the effective price determined under 

4 subsection (b) for the seasonal and perishable 

5 crop. 

6 ‘‘(d) PAYMENT AMOUNT.—If seasonal perishable 

7 crop loss program payments are required to be provided 

8 under this section for the last seasonal marketing year for 

9 a covered seasonal and perishable crop, the amount of the 

10 seasonal perishable crop loss program payment to be paid 

11 to the producers on a farm for the seasonal marketing 

12 year shall be equal to the product obtained by multi13 plying— 

14 ‘‘(1) the payment rate for the covered seasonal 

15 and perishable crop under subsection (c); and 

16 ‘‘(2) the previous three-year average production 

17 for the seasonal and perishable crop. 

18 ‘‘(e) ELIGIBILITY.—No producer may be eligible for 

19 a payment under this section unless such producer— 

20 ‘‘(1) has an average adjusted gross income of 

21 less than $900,000 for the 3 tax years preceding the 

22 most recent tax year; and 

23 ‘‘(2) derives at least 75 percent of the adjusted 

24 gross income of such producer from farming, ranch25 ing, or forestry. 

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1 ‘‘(f) DEFINITIONS.—In this section: 

2 ‘‘(1) MARKETING SEASON.—The term ‘mar3 keting season’ means, with respect to a seasonal and 

4 perishable crop, the season— 

5 ‘‘(A) in which such crop is normally mar6 keted; and 

7 ‘‘(B) that concludes on the date that is not 

8 later than 8 weeks after the last day on which 

9 such crops are harvested during a marketing 

10 year. 

11 ‘‘(2) MARKETING YEAR.—The term ‘marketing 

12 year’ means, with respect to a seasonal and perish13 able crop, the period beginning on the date the sea14 sonal and perishable crop is first harvested and end15 ing on the last day on which such crop is marketed. 

16 ‘‘(3) REFERENCE PRICE.—The term ‘reference 

17 price’ means regional average market price received 

18 by producers during the marketing season for a sea19 sonal and perishable crop for the period of the most 

20 recent three marketing years. 

21 ‘‘(4) SEASONAL AND PERISHABLE CROP.—The 

22 term ‘seasonal and perishable crop’ means a crop 

23 that is— 

24 ‘‘(A) a fresh or chilled specialty crop; 

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1 ‘‘(B) marketed in raw form for consump2 tion without further processing; and 

3 ‘‘(C) normally marketed not later than 8 

4 weeks after harvesting. 

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

6 the Secretary of Agriculture.’’. 

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