I 
110TH CONGRESS 
1ST SESSION H. R. 1600 
To continue and expand upon previous congressional efforts to ensure an 
abundant and affordable supply of fruits, vegetables, tree nuts, and 
other specialty crops for American consumers and international markets, 
to enhance the competitiveness of United States-grown specialty crops, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 20, 2007 
Mr. CARDOZA (for himself, Mr. PUTNAM, Mr. SALAZAR, Mr. LARSEN of Wash-
ington, Mr. MCCARTHY of California, Mr. KUHL of New York, Mr. HALL 
of New York, Mr. WALSH of New York, Mr. HIGGINS, Mr. FARR, Mr. 
MAHONEY of Florida, Mr. HOEKSTRA, Mr. ALLEN, Ms. KILPATRICK, Ms. 
SLAUGHTER, Mr. FILNER, Mr. CUMMINGS, Mr. WELCH of Vermont, Mr. 
CARNAHAN, Mr. BLUMENAUER, Mr. MCDERMOTT, Mr. HASTINGS of 
Washington, Mr. MCNERNEY, Mr. NUNES, Mr. RUSH, Mrs. TAUSCHER, 
Mr. RADANOVICH, Mrs. MCMORRIS RODGERS, Ms. WOOLSEY, Ms. 
HOOLEY, Mr. MCHUGH, Mr. COSTA, Mr. BROWN of South Carolina, Mr. 
DANIEL E. LUNGREN of California, Mr. PERLMUTTER, Mr. SHULER, Ms. 
LORETTA SANCHEZ of California, Ms. MATSUI, Mr. CUELLAR, Mrs. 
CAPPS, Ms. KAPTUR, Mr. WU, Mrs. BONO, Mr. MCINTYRE, Mr. BART-
LETT of Maryland, Mr. BOYD of Florida, Mrs. DRAKE, Ms. ZOE 
LOFGREN of California, Mr. ISSA, Mr. MARIO DIAZ-BALART of Florida, 
Mr. WALDEN of Oregon, Mr. GILCHREST, Mr. DELAHUNT, Mr. ARCURI, 
Mr. REYNOLDS, Mr. THOMPSON of California, Mr. HINCHEY, Mr. 
COURTNEY, Mr. SIMPSON, Mr. PLATTS, Ms. ROS-LEHTINEN, Mr. SHAYS, 
Ms. HIRONO, Mr. BARROW, and Mr. CALVERT) introduced the following 
bill; which was referred to the Committee on Agriculture, and in addition 
to the Committees on Ways and Means, Education and Labor, Energy 
and Commerce, and Financial Services, for a period to be subsequently 
determined by the Speaker, in each case for consideration of such provi-
sions as fall within the jurisdiction of the committee concerned 
VerDate Aug 31 2005 
23:38 Apr 02, 2007
Jkt 059200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6652
E:\BILLS\H1600.IH
H1600
pwalker on PROD1PC71 with BILLS
A BILL 
To continue and expand upon previous congressional efforts 
to ensure an abundant and affordable supply of fruits, 
vegetables, tree nuts, and other specialty crops for Amer-
ican consumers and international markets, to enhance 
the competitiveness of United States-grown specialty 
crops, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Equitable Agriculture Today for a Healthy America Act’’ 
or the ‘‘EAT Healthy America Act’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title and table of contents. 
Sec. 2. Findings and purposes. 
Sec. 3. Definitions. 
TITLE I—COMMODITY-RELATED PROVISIONS 
Sec. 101. Flexible payment limitations for disaster payments to reflect vari-
ations in cost of production and crop value. 
Sec. 102. Adjusted gross income limitations on receipt of disaster assistance by 
first handlers of specialty crops. 
Sec. 103. Equitable treatment of specialty crop producers in distribution of dis-
aster assistance. 
Sec. 104. Tree assistance program. 
TITLE II—CONSERVATION 
Sec. 201. Findings regarding Conservation Security Program. 
Sec. 202. Conservation reserve program. 
Sec. 203. Wetlands reserve program. 
Sec. 204. Funding for Farmland Protection Program. 
Sec. 205. Grassland reserve program. 
Sec. 206. Wildlife habitat incentive program. 
Sec. 207. Environmental quality incentives program. 
Sec. 208. Cooperative conservation partnership initiative. 
VerDate Aug 31 2005 
23:38 Apr 02, 2007
Jkt 059200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6211
E:\BILLS\H1600.IH
H1600
pwalker on PROD1PC71 with BILLS
Sec. 209. Regional equity in funding of certain Department of Agriculture con-
servation programs. 
Sec. 210. Integrated pest management initiative. 
Sec. 211. Technical assistance under Department of Agriculture conservation 
programs. 
Sec. 212. Conservation loan guarantee program. 
Sec. 213. Emergency Conservation Program. 
Sec. 214. Exclusion of payments under Department of Agriculture conservation 
programs from adjusted gross income limitation. 
Sec. 215. Encouragement of voluntary sustainability practices guidelines. 
Sec. 216. Assistance to address long-term climate change. 
TITLE III—TRADE 
Sec. 301. Technical assistance for specialty crops. 
Sec. 302. Coordination of trade objectives between key agencies. 
Sec. 303. Market access program. 
Sec. 304. Grant program for market analysis related to anti-dumping and coun-
tervailing duty cases involving specialty crops. 
Sec. 305. Sense of Congress regarding certain antitrust laws applicable to agri-
culture. 
TITLE IV—INVASIVE PESTS AND DISEASES 
Sec. 401. Threat identification and mitigation program. 
Sec. 402. Emergency control, prevention, and eradication programs. 
Sec. 403. Agricultural quarantine inspection activities at ports of entry. 
Sec. 404. Animal and Plant Health Inspection Service Export Division. 
Sec. 405. Consultations on sanitary and phytosanitary restrictions for fruits 
and vegetables. 
Sec. 406. Multi-species fruit fly research and sterile fly production. 
Sec. 407. Audit-based approach to specialty crop phytosanitary regulation. 
Sec. 408. Early pest detection and surveillance improvement program. 
TITLE V—NUTRITION 
Sec. 501. Findings. 
Sec. 502. Expansion of Fresh Fruit and Vegetable Program. 
Sec. 503. Fruit and vegetable nutrition promotion program. 
Sec. 504. Use of ‘‘Dietary Guidelines for Americans’’ in special nutrition pro-
grams and school lunch programs. 
Sec. 505. Section 32 specialty crop purchases. 
Sec. 506. School preference study. 
Sec. 507. Independent evaluation of Department of Agriculture commodity pur-
chase process. 
Sec. 508. Amendments to the Food Stamp Program. 
Sec. 509. Sense of the Congress regarding nutritional supplements. 
Sec. 510. Food stamp fruit and vegetable EBT pilot project. 
Sec. 511. Decennial evaluations of WIC food packages. 
Sec. 512. Extension of WIC farmers’ market nutrition program. 
Sec. 513. Senior farmers’ market nutrition program. 
TITLE VI—AGRICULTURAL RESEARCH 
Sec. 601. Specialty Crops Economic and Policy Research Institute. 
Sec. 602. Development of specialty crop priority for the National Research Ini-
tiative. 
VerDate Aug 31 2005 
23:38 Apr 02, 2007
Jkt 059200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6211
E:\BILLS\H1600.IH
H1600
pwalker on PROD1PC71 with BILLS
Sec. 603. Establishment of specialty crop research grants program for pro-
ducers to improve efficiency and competitiveness. 
Sec. 604. National Clean Plant Network. 
Sec. 605. Prioritizing current Federal research activities for specialty crops. 
TITLE VII—RENEWABLE ENERGY 
Sec. 701. Inventory of specialty crop biomass waste as part of annual assess-
ment of renewable energy resources. 
Sec. 702. Department of Agriculture bioenergy program. 
Sec. 703. Grants for development of specialty crop bioenergy projects. 
TITLE VIII—MISCELLANEOUS PROVISIONS 
Sec. 801. Specialty crop block grants. 
Sec. 802. Federal Insecticide, Fungicide, and Rodenticide Act; requests by 
State agencies for exemptions. 
Sec. 803. Protection of intellectual property rights in plants and plant-derived 
material. 
Sec. 804. Grant program to improve transportation infrastructure to reduce 
cost of transportation of specialty crops. 
Sec. 805. Additional funds for Agricultural Marketing Service specialty crop 
market news activities. 
Sec. 806. Value-added grants to promote creation, expansion, or operation of 
value-added processing of specialty crops. 
Sec. 807. Eligibility of laborers admitted for temporary residence for Rural 
Housing Service farm labor housing. 
Sec. 808. Food safety initiatives. 
Sec. 809. Implementation of food safety programs under marketing orders. 
Sec. 810. Census of specialty crops; dissemination of information. 
Sec. 811. Office of pesticide programs. 
SEC. 2. FINDINGS AND PURPOSES. 
(a) FINDINGS.—Congress finds the following: 
(1) Specialty crop production in the United 
States accounts for $50.8 billion in farmgate value, 
and, according to the Economic Research Service of 
the Department of Agriculture, specialty crops ac-
count for more than 45 percent of the farmgate 
value of all crops produced in the United States. 
(2) Specialty crop producers deserve a competi-
tive and sustainable environment for specialty crop 
production, and the Specialty Crops Competitiveness 
VerDate Aug 31 2005 
23:38 Apr 02, 2007
Jkt 059200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H1600.IH
H1600
pwalker on PROD1PC71 with BILLS
Act of 2004 (Public Law 108–465; 7 U.S.C. 1621 
note) represented an initial attempt to ensure the 
long-term competitiveness and sustainability of 
United States specialty crop production. 
(3) Additional Federal investment in the com-
petitiveness and sustainability of the United States 
specialty crop industry will produce a strong return 
on investment for all of America, not just producers. 
(4) By expanding the market for and avail-
ability of safe, wholesome, healthy, and affordable 
fruits, vegetables, tree nuts, and other specialty 
crops, Congress can assist Americans in achieving 
the goal of doubling their fruit and vegetable con-
sumption, as called for in the Department of Agri-
culture and Department of Health and Human Serv-
ices 2005 Dietary Guidelines. 
(5) Federal investment in the United States 
specialty crop industry is required to create a fair 
and level playing field with international competitors 
that do not have to comply with the regulatory re-
quirements imposed on United States producers in 
the areas of environmental regulation, labor, food 
safety, and other area. 
VerDate Aug 31 2005 
23:38 Apr 02, 2007
Jkt 059200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H1600.IH
H1600
pwalker on PROD1PC71 with BILLS
(6) Without appropriate and adequate assist-
ance United States specialty crop production may 
relocate to less restrictive foreign growing areas. 
(7) Consumers in United States export markets 
are increasingly demanding high-value specialty food 
products as their disposable income rises, and a 
thriving and competitive United States specialty 
crop industry will support strong growth in export 
markets and improve the United States balance of 
trade. 
(8) In order to realize the goal of increasing ag-
ricultural exports, it is critical that Federal policy 
and resources support efforts to remove the many 
existing international trade barriers that continue to 
hamper United States specialty crop exports. 
(9) The competitiveness of United States spe-
cialty crop producers also depends on maintaining 
the current restrictions in section 1106 of the Farm 
Security and Rural Investment Act of 2002 (7 
U.S.C. 7916) that prohibits the planting of fruits 
and vegetables and other specialty crops on acres for 
which a producer receives direct payments or 
counter-cyclical payments, including not allowing 
any temporary loss in program benefits as a remedy 
VerDate Aug 31 2005 
23:38 Apr 02, 2007
Jkt 059200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H1600.IH
H1600
pwalker on PROD1PC71 with BILLS
for one year or other short-term shifts to specialty 
crops. 
(b) PURPOSES.—It is the purpose of this Act to build 
upon the success of the Specialty Crops Competitiveness 
Act of 2004 (Public Law 108–465; 7 U.S.C. 1621 note) 
by making additional changes in Federal agriculture policy 
to accomplish the goals of increasing fruit, vegetable, and 
tree nut consumption and improving the competitiveness 
of United States specialty crop producers. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) The term ‘‘Secretary’’ means the Secretary 
of Agriculture. 
(2) The term ‘‘specialty crop’’ means fruits and 
vegetables, tree nuts, dried fruits, nursery crops, flo-
riculture, and horticulture. 
(3) The term ‘‘State’’ means the several States, 
the District of Columbia, and the Commonwealth of 
Puerto Rico. 
VerDate Aug 31 2005 
23:38 Apr 02, 2007
Jkt 059200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H1600.IH
H1600
pwalker on PROD1PC71 with BILLS
TITLE I—COMMODITY-RELATED 
PROVISIONS 
SEC. 101. FLEXIBLE PAYMENT LIMITATIONS FOR DISASTER 
PAYMENTS TO REFLECT VARIATIONS IN COST 
OF PRODUCTION AND CROP VALUE. 
(a) FLEXIBLE PAYMENT LIMITATIONS.—In lieu of 
using a single, specific dollar amount limitation on the 
total amount of disaster assistance that a producer of spe-
cialty crops may receive under any provision of law, the 
Secretary of Agriculture shall develop and use a series of 
payment limitations that reflect cost-of-production and 
crop value variations. 
(b) USE OF FARM SERVICE AGENCY DATA.—To de-
velop the payment variations range required by subsection 
(a), the Secretary of Agriculture may use the most rel-
evant data maintained by the Department of Agriculture 
and federally funded institutions, such as land grant col-
leges and universities, in the State or region where the 
disaster occurred regarding cost of production and crop 
value for various agricultural enterprises. 
(c) APPLICABILITY.—The flexible payment limita-
tions required by subsection (a) shall apply on a perma-
nent basis with respect to any natural disaster occurring 
after the date of the enactment of this Act for which dis-
aster assistance is provided by the Secretary of Agri-
VerDate Aug 31 2005 
23:38 Apr 02, 2007
Jkt 059200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H1600.IH
H1600
pwalker on PROD1PC71 with BILLS
culture under any provision of law to producers of spe-
cialty crops. 
SEC. 102. ADJUSTED GROSS INCOME LIMITATIONS ON RE-
CEIPT OF DISASTER ASSISTANCE BY FIRST 
HANDLERS OF SPECIALTY CROPS. 
(a) CHANGE TO APPLICATION OF LIMITATIONS.— 
For purposes of applying the adjusted gross income limita-
tions on the receipt of disaster assistance to a first handler 
of specialty crops, the Secretary of Agriculture shall treat 
income derived by the first handler from the initial prepa-
ration of the specialty crops for marketing and the mar-
keting of the specialty crops as income derived from a 
farming operation. 
(b) FIRST HANDLER DEFINED.—In this section, the 
term ‘‘first handler’’ means a person who— 
(1) receives or otherwise acquires specialty 
crops from a producer and prepares for marketing 
or markets the specialty crops; or 
(2) prepares for marketing and markets spe-
cialty crops produced by the person. 
VerDate Aug 31 2005 
23:38 Apr 02, 2007
Jkt 059200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H1600.IH
H1600
pwalker on PROD1PC71 with BILLS
SEC. 103. EQUITABLE TREATMENT OF SPECIALTY CROP 
PRODUCERS IN DISTRIBUTION OF DISASTER 
ASSISTANCE. 
In providing disaster assistance to producers suf-
fering losses due to natural disasters, the Secretary of Ag-
riculture shall seek to ensure that— 
(1) producers of specialty crops receive assist-
ance through programs that are designed to meet 
the specific needs of such producers and reflect the 
production practices of such producers; and 
(2) eligibility for assistance and the provision of 
assistance is not be tied to traditional programs of 
the Department of Agriculture, such as direct pay-
ments under section 1103 or 1303 of the Farm Se-
curity and Rural Investment Act of 2002 (7 U.S.C. 
7913, 7953) or crop insurance. 
SEC. 104. TREE ASSISTANCE PROGRAM. 
(a) INCLUSION OF NURSERY TREE GROWERS.— 
(1) ELIGIBILITY.—Section 10201 of the Farm 
Security and Rural Investment Act of 2003 (7 
U.S.C. 8201) is amended— 
(A) by redesignating paragraphs (3) and 
(4) as paragraphs (4) and (5), respectively; and 
(B) by inserting after paragraph (2) the 
following new paragraph: 
VerDate Aug 31 2005 
23:38 Apr 02, 2007
Jkt 059200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H1600.IH
H1600
pwalker on PROD1PC71 with BILLS
‘‘(3) NURSERY
TREE
GROWER.—The term 
‘nursery tree grower’ means a person who produces 
nursery, ornamental, fruit, nut, or Christmas trees 
for commercial sale.’’. 
(2) CONFORMING AMENDMENTS.—Subtitle C of 
title X of such Act is amended— 
(A) in section 10202 (7 U.S.C. 8202)— 
(i) in subsection (a), by inserting 
‘‘and nursery tree growers’’ after ‘‘eligible 
orchardists’’; and 
(ii) in subsection (b), by inserting ‘‘or 
nursery tree grower’’ after ‘‘eligible or-
chardist’’; and 
(B) in section 10203 (7 U.S.C. 8203), by 
inserting ‘‘and nursery tree growers’’ after ‘‘eli-
gible orchardists’’. 
(b) INCREASE IN AUTHORIZED AMOUNT OF ASSIST-
ANCE.—Section 10204(a) of such Act is amended by strik-
ing ‘‘$75,000’’ and inserting ‘‘$150,000 per year’’. 
(c) FUNDING.—Section 10205 of such Act is amend-
ed by adding at the end the following new sentence: ‘‘In 
addition to amounts appropriated to carry out this section, 
the Secretary shall use $75,000,000 of funds of the Com-
modity Credit Corporation to carry out this subtitle during 
fiscal years 2008 through 2012.’’. 
VerDate Aug 31 2005 
23:38 Apr 02, 2007
Jkt 059200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H1600.IH
H1600
pwalker on PROD1PC71 with BILLS
(d) APPLICABILITY.—The amendments made by this 
section shall apply with respect to any natural disaster oc-
curring after the date of the enactment of this Act for 
which assistance is provided by the Secretary of Agri-
culture under the tree assistance program. 
TITLE II—CONSERVATION 
SEC. 201. FINDINGS REGARDING CONSERVATION SECURITY 
PROGRAM. 
Congress makes the following findings: 
(1) Specialty crop producers and other agricul-
tural producers in the United States require a sig-
nificant new investment in voluntary conservation in-
centives programs in order to ensure that producers 
are rewarded when they take steps to produce clean-
er air, cleaner water, important wildlife habitat, and 
other environmental benefits for the public. 
(2) The expansion and improvement of the con-
servation programs authorized and amended by title 
II of the Farm Security and Rural Investment Act 
of 2002 (Public Law 107–171) should include the 
expansion of the Conservation Security Program 
under subchapter A of chapter 2 of subtitle D of 
title XII of the Food Security Act of 1985 (16 
U.S.C. 3838 et seq.) so that producers have an op-
portunity to enroll in a program that is more equi-
VerDate Aug 31 2005 
23:38 Apr 02, 2007
Jkt 059200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H1600.IH
H1600
pwalker on PROD1PC71 with BILLS