Opportunities in Organic Act of 2023

Subjects: Agriculture and Food


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1582 Introduced in Senate (IS)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                S. 1582

 To amend the Farm Security and Rural Investment Act of 2002 to expand 
     the national organic certification cost-share program into a 
         comprehensive organic program, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 11, 2023

    Mr. Welch (for himself, Ms. Baldwin, Mr. Booker, Mr. Casey, Mr. 
  Fetterman, Mrs. Gillibrand, Mr. King, Mr. Padilla, Mr. Markey, Mr. 
Sanders, Ms. Smith, Mr. Murphy, and Mr. Lujan) introduced the following 
      bill; which was read twice and referred to the Committee on 
                  Agriculture, Nutrition, and Forestry

_______________________________________________________________________

                                 A BILL


 
 To amend the Farm Security and Rural Investment Act of 2002 to expand 
     the national organic certification cost-share program into a 
         comprehensive organic program, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Opportunities in Organic Act of 
2023''.

SEC. 2. OPPORTUNITIES IN ORGANIC PROGRAM.

    Section 10606 of the Farm Security and Rural Investment Act of 2002 
(7 U.S.C. 6523) is amended--
            (1) in the section heading, by striking ``national organic 
        certification cost-share'' and inserting ``opportunities in 
        organic'';
            (2) by striking subsection (b);
            (3) by redesignating subsections (c) and (d) as subsections 
        (e) and (f), respectively;
            (4) in subsection (a), by striking the subsection 
        designation and heading and all that follows through 
        ``Secretary of Agriculture'' and inserting the following:
    ``(b) Establishment.--The Secretary'';
            (5) by inserting before subsection (b) (as so redesignated) 
        the following:
    ``(a) Definitions.--In this section:
            ``(1) Certified organic farm; certified organic handling 
        operation.--The terms `certified organic farm' and `certified 
        organic handling operation' have the meanings given those terms 
        in section 2103 of the Organic Foods Production Act of 1990 (7 
        U.S.C. 6502).
            ``(2) Eligible nonprofit organization.--The term `eligible 
        nonprofit organization' means a nonprofit organization (as 
        defined in section 1619(b) of the Food, Agriculture, 
        Conservation, and Trade Act of 1990 (7 U.S.C. 5801(b))) that 
        primarily serves at least 1 of the following:
                    ``(A) Socially disadvantaged farmers and ranchers.
                    ``(B) Organic producers and handlers.
                    ``(C) 1 or more vulnerable agricultural regions, 
                such as farms near schools, childcare providers, 
                residential areas, or sensitive ecosystems.
                    ``(D) 1 or more under-resourced agricultural 
                regions.
                    ``(E) Smaller nonprofit organizations (as so 
                defined) that primarily serve the entities or regions 
                described in subparagraph (A), (B), (C), or (D).
            ``(3) National organic production program.--The term 
        `national organic production program' means the national 
        organic production program established under the Organic Foods 
        Production Act of 1990 (7 U.S.C. 6501 et seq.).
            ``(4) Organic.--The term `organic' has the meaning given 
        the term in section 205.2 of title 7, Code of Federal 
        Regulations (or a successor regulation).
            ``(5) Program.--The term `program' means the Opportunities 
        in Organic program established under subsection (b).
            ``(6) Secretary.--The term `Secretary' means the Secretary 
        of Agriculture.
            ``(7) Socially disadvantaged farmer or rancher; socially 
        disadvantaged group.--The terms `socially disadvantaged farmer 
        or rancher' and `socially disadvantaged group' have the 
        meanings given those terms in section 2501(a) of the Food, 
        Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 
        2279(a)).
            ``(8) Transition to organic.--The term `transition to 
        organic' means the steps required to become a certified organic 
        farm.'';
            (6) in subsection (b) (as so redesignated)--
                    (A) by striking ``a national organic certification 
                cost-share program to assist'' and inserting the 
                following: ``a program, to be known as the 
                `Opportunities in Organic program'--
            ``(1) to assist'';
                    (B) in paragraph (1) (as so designated), by 
                striking ``program established'' and all that follows 
                through the period at the end and inserting ``program; 
                and''; and
                    (C) by adding at the end the following:
            ``(2) to provide support and technical assistance for 
        transition to organic and organic management.'';
            (7) by inserting after subsection (b) (as so redesignated) 
        the following:
    ``(c) Federal Organic Certification Cost-share.--
            ``(1) In general.--Subject to paragraphs (2) and (3), the 
        Secretary shall pay under this subsection the costs incurred by 
        a producer or handler in obtaining certification under the 
        national organic production program, as certified to and 
        approved by the Secretary.
            ``(2) Maximum amount.--Except as provided in paragraph (3), 
        the maximum amount of a payment made to a producer or handler 
        under this subsection shall be $1,500.
            ``(3) Ensuring affordability.--Notwithstanding paragraph 
        (2), the Secretary may make payments that exceed the maximum 
        amount under that paragraph to ensure that organic 
        certification costs are not a barrier to organic production, 
        including payment to a producer or handler who is--
                    ``(A) located in a region with disproportionately 
                high certification costs, as determined by the 
                Secretary; or
                    ``(B) a member of a socially disadvantaged group.
    ``(d) Support for Transition to Organic and Technical Assistance.--
            ``(1) Transition and resilience funding.--
                    ``(A) In general.--The Secretary shall award 
                funding to eligible nonprofit organizations--
                            ``(i) to build capacity to support 
                        transition to organic in accordance with 
                        subparagraph (B); and
                            ``(ii) to support transition to organic in 
                        accordance with subparagraphs (C) and (D).
                    ``(B) Activities to build capacity.--An eligible 
                nonprofit organization that is awarded funding under 
                this subparagraph may use the funding for staffing, 
                materials, activities, and partnerships (including 
                partnerships with eligible nonprofit organizations 
                described in subsection (a)(2)(E)) that support 
                transition to organic and resilience of certified 
                organic farms, including--
                            ``(i) the recruitment of producers to begin 
                        transition to organic;
                            ``(ii) translation and communication 
                        support, including development of materials to 
                        increase understanding of the practices and 
                        processes required to become certified as 
                        organic;
                            ``(iii) assistance with applications, 
                        compliance, recordkeeping, and other aspects of 
                        the organic certification process and the 
                        transition to organic;
                            ``(iv) financial, business, natural 
                        resource conservation, and farm planning;
                            ``(v) support for fair contracting;
                            ``(vi) technical assistance with organic 
                        management practices, such as soil health, 
                        nutrient management, pest management, and other 
                        practices, as determined appropriate by the 
                        Secretary;
                            ``(vii) by providing training on organic 
                        certification requirements and organic 
                        management to agricultural advisors and 
                        consultants, including agronomists, crop 
                        advisors, pest control advisors, extension 
                        agents, farm consultants, and other technical 
                        service providers, and agricultural industry 
                        entities, such as seed dealers, equipment 
                        suppliers, and input suppliers;
                            ``(viii) by facilitating paid mentor-mentee 
                        relationships between organic producers and 
                        producers in transition to organic, including 
                        stipends for all participants and training to 
                        support effective mentorship;
                            ``(ix) by assisting producers with 
                        accessing resources and funding for programs 
                        associated with organic management, including 
                        conservation programs, risk management tools, 
                        and organic support and research programs;
                            ``(x) by establishing or expanding 
                        cooperatives, organic grower groups, certified 
                        organic processing, storage, refrigeration, 
                        freezer, and distribution facilities and 
                        equipment, food hubs, food security programs, 
                        additional programs under the Indigenous Food 
                        Sovereignty Initiative of the Department of 
                        Agriculture, organic-compliant composting 
                        services, and other regional foodshed and 
                        supply chain infrastructure, such as 
                        infrastructure for granaries and meat 
                        processing;
                            ``(xi) on-farm research, including 
                        monitoring biodiversity, monitoring air and 
                        water quality, measuring changes in soil 
                        organic carbon and indicators of soil health, 
                        developing regionally adapted seeds and breeds, 
                        and carrying out trials and documenting the 
                        effectiveness of holistic approaches to pest, 
                        weed, and disease control;
                            ``(xii) recruiting and training organic 
                        certification staff and inspectors, with an 
                        emphasis on expanding opportunities for 
                        socially disadvantaged farmers and ranchers and 
                        increasing diversity in the certification 
                        process;
                            ``(xiii) increasing access to land for 
                        socially disadvantaged farmers and ranchers and 
                        small and mid-sized farms and ranches and 
                        promoting long-term organic management (such as 
                        purchasing land for incubator projects, 
                        promoting and supporting lease-to-own 
                        contracts, resolving heirs property issues, and 
                        establishing easements that facilitate long-
                        term organic stewardship);
                            ``(xiv) supporting tenant farmers, 
                        including through leasing options that serve 
                        tenants and landlords long term;
                            ``(xv) hosting or supporting regional 
                        conventions, conferences, farmer-led training 
                        sessions and programs, field days, teach-ins, 
                        and other educational opportunities focused on 
                        organic production; and
                            ``(xvi) establishing infrastructure for 
                        interfarmer skill sharing and exchanges, 
                        including virtual forums.
                    ``(C) Producer transition and resilience funding.--
                            ``(i) In general.--An eligible nonprofit 
                        organization that is awarded funding under this 
                        subparagraph may use the funding to provide 
                        transition and resilience funding to existing 
                        organic operations, socially disadvantaged 
                        farmers or ranchers, or small or mid-sized 
                        farms or ranches.
                            ``(ii) Term.--
                                    ``(I) In general.--Funding provided 
                                under this subparagraph shall be for a 
                                term of 4 years.
                                    ``(II) 1-time funding.--The 
                                Secretary may not renew funding 
                                provided to a recipient under this 
                                subparagraph.
                            ``(iii) Use of funds.--Funding awarded 
                        under clause (i) may be used to offset the 
                        costs of and reduce barriers to becoming or 
                        expanding a certified organic farm, including--
                                    ``(I) creating or expanding an 
                                organic system plan (as defined in 
                                section 205.2 of title 7, Code of 
                                Federal Regulations (as in effect on 
                                the date of enactment of the 
                                Opportunities in Organic Act of 2023)), 
                                including--
                                            ``(aa) completing organic 
                                        certification documents, 
                                        planning, and recordkeeping; 
                                        and
                                            ``(bb) developing a 
                                        conservation plan to address 
                                        all natural resources, 
                                        including soil health;
                                    ``(II) adopting, improving, or 
                                expanding organic management, 
                                including--
                                            ``(aa) eliminating the use 
                                        of synthetic pesticides, 
                                        synthetic fertilizers, or 
                                        antibiotics;
                                            ``(bb) the implementation 
                                        of cover cropping, crop 
                                        rotation, or rotational 
                                        grazing;
                                            ``(cc) the production and 
                                        use of compost and manure 
                                        (including purchasing tools, 
                                        supplies, or storage);
                                            ``(dd) sourcing or 
                                        producing organic seed and 
                                        feed;
                                            ``(ee) hedgerow and 
                                        ecosystem enhancement planting 
                                        and design;
                                            ``(ff) purchasing supplies 
                                        for intercropping and 
                                        polycropping or other 
                                        specialized equipment for use 
                                        in organic management; and
                                            ``(gg) supporting 
                                        beneficial predators, 
                                        pollinator habitats, erosion 
                                        prevention, or watershed 
                                        restoration;
                                    ``(III) paying for costs associated 
                                with processing, storage, and 
                                distribution equipment and facilities;
                                    ``(IV) carrying out on-farm 
                                research to monitor and document the 
                                impacts of transition to organic, 
                                including in partnership with an 
                                institution of higher education or 
                                another entity;
                                    ``(V) soil testing;
                                    ``(VI) debt relief to improve 
                                access to capital and financial 
                                stability;
                                    ``(VII) forming a cooperative or 
                                farmer-to-farmer network;
                                    ``(VIII) providing training to 
                                become an organic inspector to expand 
                                revenue and regional inspection 
                                capacity;
                                    ``(IX) overcoming barriers to land 
                                access, including payments to secure 
                                longer leases and costs associated with 
                                accessing land that has not been 
                                treated with materials prohibited for 
                                use on a certified organic farm or 
                                transitioning land to organic 
                                management;
                                    ``(X) paying for labor costs, 
                                including costs associated with 
                                improvements to workplace safety, 
                                compensation, professional development, 
                                and staff training on transition to 
                                organic implementation;
                                    ``(XI) improving food safety 
                                practices and obtaining related 
                                certifications;
                                    ``(XII) providing or participating 
                                in organic agriculture educational 
                                opportunities;
                                    ``(XIII) providing compensation for 
                                foregone income during transition to 
                                organic due to short-term changes in 
                                yield and limited market options;
                                    ``(XIV) construction or improvement 
                                of housing for apprentices, trainees, 
                                or volunteers or other on-farm 
                                infrastructure; and
                                    ``(XV) financial, business, and 
                                farm planning.
                            ``(iv) Organic system plan.--As a condition 
                        of receiving funding under this subparagraph to 
                        carry out any of the activities described in 
                        subclauses (II) through (XV) of clause (iii), 
                        an organic operation, socially disadvantaged 
                        farmer or rancher, or small or mid-sized farm 
                        or ranch shall be required to develop an 
                        organic system plan described in subclause (I) 
                        of that clause.
                    ``(D) Organic supply chain funding.--
                            ``(i) In general.--An eligible nonprofit 
                        organization that is awarded funding under this 
                        subparagraph may use the funding to support 
                        organic supply chain development, including by 
                        providing the funding to other entities to 
                        support organic supply chain development.
                            ``(ii) Use of funds.--Funding awarded under 
                        clause (i)--
                                    ``(I) may be used to strengthen 
                                organic capacity or expand access to 
                                certified organic handling operations, 
                                including--
                                            ``(aa) constructing, 
                                        expanding, or improving access 
                                        to a certified organic handling 
                                        operation;
                                            ``(bb) purchasing farm 
                                        equipment, value added 
                                        supplies, and other materials 
                                        that improve market access; and
                                            ``(cc) pursuing organic 
                                        certification for an existing 
                                        handling operation; and
                                    ``(II) shall be used to strengthen 
                                opportunities in organic capacity for 
                                socially disadvantaged farmers or 
                                ranchers, small or mid-sized farms or 
                                ranches, vulnerable agricultural 
                                regions (such as farms near schools, 
                                childcare providers, residential areas, 
                                and sensitive ecosystems), or under-
                                resourced agricultural regions.
                    ``(E) Communications; meetings.--An eligible 
                nonprofit organization that receives funding under 
                subparagraph (B), (C), or (D) shall--
                            ``(i) communicate not less frequently than 
                        once per quarter with each other entity awarded 
                        funding pursuant to those subparagraphs--
                                    ``(I) to monitor progress with 
                                respect to transition to organic and 
                                organic supply chain development;
                                    ``(II) to address improvements and 
                                impacts of the transition to organic, 
                                including observed changes in 
                                biodiversity, soil health, pests, 
                                weeds, and disease occurrence, crop 
                                yield, and resilience;
                                    ``(III) to address challenges 
                                associated with transition to organic;
                                    ``(IV) to consider market 
                                opportunities and the adoption of 
                                additional practices; and
                                    ``(V) to explore opportunities for 
                                coordinated farm team meetings with 
                                staff from relevant agencies and 
                                organizations to streamline 
                                agricultural assistance and improve 
                                farm viability while increasing 
                                adoption of on-farm conservation 
                                practices; and
                            ``(ii) meet not less frequently than 
                        annually for each year for which funding is 
                        provided with staff of the Department of 
                        Agriculture (as determined by the Secretary) to 
                        discuss program participation and impacts, 
                        demographics and scale of participants, 
                        transition to organic success rates, market 
                        opportunities, research results, and challenges 
                        identified in the transition to organic.
            ``(2) Technical assistance.--
                    ``(A) In general.--The Secretary shall increase 
                regional resources to support organic management, 
                including technical assistance, outreach, supply chain 
                coordination, and activities described in subparagraph 
                (B), through expanded organic-related capacity and 
                partnerships at--
                            ``(i) the Department of Agriculture, 
                        including within the Agricultural Marketing 
                        Service, the Farm Service Agency, the Natural 
                        Resources Conservation Service, the Risk 
                        Management Agency, the offices under the 
                        Undersecretary of Rural Development, the Food 
                        and Nutrition Service, and climate hubs, with 
                        an emphasis on local and regional offices;
                            ``(ii) universities and educational 
                        institutions, with an emphasis on institutions 
                        serving socially disadvantaged farmers and 
                        ranchers;
                            ``(iii) the cooperative extension programs 
                        of the Secretary, including the Federally 
                        Recognized Tribes Extension Program;
                            ``(iv) State, regional, and Tribal 
                        departments of agriculture; and
                            ``(v) eligible nonprofit organizations.
                    ``(B) Authorized activities.--Activities carried 
                out through the entities described in subparagraph (A) 
                shall include--
                            ``(i) regional education sessions on 
                        organic management;
                            ``(ii) the development of regionally 
                        tailored resources, technical assistance 
                        programs, and teaching farms for organic 
                        producers and producers in transition to 
                        organic, including tools to promote and 
                        facilitate participation of socially 
                        disadvantaged farmers and ranchers and small 
                        and mid-sized farms and ranches in organic and 
                        complementary support programs;
                            ``(iii) ongoing outreach to and needs 
                        assessment of producers in transition to 
                        organic to identify barriers to organic 
                        production and mechanisms to address those 
                        barriers;
                            ``(iv) the identification of priority 
                        locations to promote transition to organic, 
                        including near schools and childcare providers, 
                        residential areas, and sensitive ecosystems;
                            ``(v) organic supply chain and 
                        infrastructure development;
                            ``(vi) the expansion of organic and local 
                        supply chains and market opportunities, 
                        including establishing channels for producers 
                        to offer products to institutional buyers and 
                        supporting purchases through nutrition 
                        programs; and
                            ``(vii) advancing food waste reduction 
                        strategies that support producer income and 
                        soil health, including--
                                    ``(I) closed-loop programs that 
                                connect community composting and food 
                                scrap collection operations with farms; 
                                and
                                    ``(II) coordination to maximize use 
                                of farm products, composting, and waste 
                                reduction.'';
            (8) in subsection (e) (as so redesignated)--
                    (A) by striking ``including the number'' and 
                inserting the following: ``including--
            ``(1) the number'';
                    (B) in paragraph (1) (as so designated), by 
                striking the period at the end and inserting a 
                semicolon; and
                    (C) by adding at the end the following:
            ``(2) the demographics, acreage, and sales of producer 
        participants that received support under the program, 
        aggregated by region;
            ``(3) the number of producers and handlers that--
                    ``(A) received support from the program in the 
                previous fiscal year;
                    ``(B) began transition to organic; and
                    ``(C) achieved new organic certification;
            ``(4) any barriers to achieving organic certification;
            ``(5) the transition to organic activities carried out by 
        eligible nonprofit organizations and the metrics used to 
        evaluate the success of those activities;
            ``(6) research findings and best practices to support 
        transition to organic;
            ``(7) changes in organic-relevant capacity at public 
        institutions of higher education and eligible nonprofit 
        organizations; and
            ``(8) changes in availability of organic-relevant technical 
        assistance.''; and
            (9) in subsection (f)(1) (as so redesignated), by striking 
        subparagraphs (A), (B), and (C) and inserting the following:
                    ``(A) $50,000,000 for each of fiscal years 2024 and 
                2025;
                    ``(B) $80,000,000 for fiscal year 2026; and
                    ``(C) $100,000,000 for each of fiscal years 2027 
                and 2028.''.
                                 &lt;all&gt;
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