I 
118TH CONGRESS 
1ST SESSION H. R. 5589 
To provide fresh produce to individuals facing food and nutrition insecurity, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 20, 2023 
Ms. DELAURO (for herself, Mr. VALADAO, Ms. ADAMS, and Mr. NEGUSE) in-
troduced the following bill; which was referred to the Committee on Agri-
culture 
A BILL 
To provide fresh produce to individuals facing food and 
nutrition insecurity, 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. 
This Act may be cited as the ‘‘Fresh Produce Pro-
curement Reform Act of 2023’’. 
SEC. 2. CONTRACTS FOR FRESH PRODUCE. 
(a) DEFINITIONS.—In this section: 
(1) BEGINNING
FARMER.—The term ‘‘begin-
ning farmer’’ has the meaning given the term ‘‘be-
ginning farmer or rancher’’ in section 343(a) of the 
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Consolidated Farm and Rural Development Act (7 
U.S.C. 1991(a)). 
(2) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
ty’’ means an entity that— 
(A) is— 
(i) a grower, packer, distributor, or 
food-hub; 
(ii) a nonprofit organization; or 
(iii) a cooperative; and 
(B)(i) is located in the State or locality in 
which the produce shall be distributed; or 
(ii) has demonstrated experience distrib-
uting to that State or locality. 
(3) FAMILY FARM.—The term ‘‘family farm’’ 
has the meaning given the term in section 761.2 of 
title 7, Code of Federal Regulations (as in effect on 
December 30, 2007). 
(4) PROGRAM.—The term ‘‘program’’ means 
the program established under subsection (b). 
(5) QUALIFYING
ENTITY.—The term ‘‘quali-
fying entity’’ means a nonprofit food bank, a non-
profit food pantry, a nonprofit school, a nonprofit 
child or senior care center, a nonprofit youth-serving 
community based organization, a Tribal organiza-
tion, or a public agency that— 
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(A) participates in a nutrition program ad-
ministered by the Secretary, including— 
(i) the school lunch program estab-
lished under the Richard B. Russell Na-
tional School Lunch Act (42 U.S.C. 1751 
et seq.); 
(ii) the summer food service program 
established under section 13 of that Act 
(42 U.S.C. 1761); 
(iii) the child and adult care food pro-
gram established under section 17 of that 
Act (42 U.S.C. 1766); 
(iv) the food distribution program on 
Indian reservations established under sec-
tion 4(b) of the Food and Nutrition Act of 
2008 (7 U.S.C. 2013(b)); 
(v) the commodity supplemental food 
program established under section 4 of the 
Agriculture and Consumer Protection Act 
of 1973 (7 U.S.C. 612c note; Public Law 
93–86); and 
(vi) the emergency food assistance 
program established pursuant to the Emer-
gency Food Assistance Act of 1983 (7 
U.S.C. 7501 et seq.); or 
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(B) does not participate in a nutrition pro-
gram described in subparagraph (A) but has 
demonstrated experience in serving the needs of 
vulnerable populations facing food and nutrition 
insecurity. 
(6) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Agriculture, acting through the Ad-
ministrator of the Agricultural Marketing Service. 
(7) SOCIALLY DISADVANTAGED FARMER.—The 
term ‘‘socially disadvantaged farmer’’ has the mean-
ing given the term ‘‘socially disadvantaged farmer or 
rancher’’ in section 2501(a) of the Food, Agri-
culture, Conservation, and Trade Act of 1990 (7 
U.S.C. 2279(a)). 
(8) STATE.—The term ‘‘State’’ means— 
(A) a State; 
(B) the District of Columbia; 
(C) an Indian Tribe (as defined in section 
4 of the Indian Self-Determination and Edu-
cation Assistance Act (25 U.S.C. 5304)); and 
(D) a territory or possession of the United 
States. 
(9) VETERAN
FARMER.—The term ‘‘veteran 
farmer’’ has the meaning given the term ‘‘veteran 
farmer or rancher’’ in section 2501(a) of the Food, 
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Agriculture, Conservation, and Trade Act of 1990 (7 
U.S.C. 2279(a)). 
(b) ESTABLISHMENT.—Not later than 90 days after 
the date of enactment of this Act, the Secretary, in con-
sultation with the Administrator of the Food and Nutri-
tion Service, shall establish a program under which the 
Secretary shall enter into contracts with eligible entities 
to procure fresh produce (excluding legumes) for distribu-
tion to qualifying entities that serve individuals at risk of 
food and nutrition insecurity. 
(c) PURPOSES.—The purposes of the program are— 
(1) to increase access of low-income households 
to a wide variety of fresh produce; 
(2) to directly connect produce producers and 
distributors to nonprofit emergency feeding entities; 
(3) to increase the procurement of fresh 
produce by the Federal Government; 
(4) to strengthen the local and regional food 
supply chain; 
(5) to reduce on-farm food loss caused by a 
market disruption; and 
(6) to model nimbleness and responsiveness in 
and out of emergency situations relating to food in-
security, nutrition security, and disruptions to the 
food supply chain. 
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(d) SELECTION.— 
(1) CRITERIA.—In selecting eligible entities 
with which to enter into contracts under the pro-
gram, the Secretary shall consider whether the eligi-
ble entity— 
(A) has demonstrated experience in fresh 
produce supply chain distribution; 
(B) is a small business concern (as defined 
in section 3 of the Small Business Act (15 
U.S.C. 632)); 
(C) holds a PACA license, relevant food 
safety certifications, and any other relevant li-
censes or certifications, as determined by the 
Secretary; 
(D) sources from small- and medium-sized 
growers, and local and regional produce, as geo-
graphically and seasonally feasible; 
(E) has demonstrated relationships with at 
least 2 qualifying entities, including a qualifying 
entity that does not receive resources through 
the emergency food assistance program estab-
lished pursuant to the Emergency Food Assist-
ance Act of 1983 (7 U.S.C. 7501 et seq.); and 
(F) offers the Secretary a price determined 
by the Secretary to be the overall best value 
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without limiting evaluation factors to lowest 
price or highest technical rating. 
(2) PRIORITY.—In selecting eligible entities 
with which to enter into contracts under the pro-
gram, the Secretary shall give priority to eligible en-
tities that— 
(A) grow the produce that will be provided 
and distributed to qualifying entities; 
(B) are, or source from— 
(i) beginning farmers; 
(ii) small or mid-sized farms that are 
structured as family farms; or 
(iii) socially disadvantaged farmers, 
including women-owned and veteran-owned 
eligible entities; and 
(C) are able to deliver to areas most in 
need of fresh produce, as determined by the 
Secretary. 
(e) CONTRACT TERMS.— 
(1) PERIOD OF PERFORMANCE.—The period of 
performance for a contract entered into under the 
program shall be— 
(A) not less than 90 days; and 
(B) not more than 120 days. 
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(2) PRICE.—The price paid by the Secretary 
under a contract entered into under the program 
shall be inclusive of all transportation and distribu-
tion costs associated with delivering fresh produce to 
the final destination of the applicable qualifying en-
tity. 
(3) PRODUCE
MAKEUP.—A contract entered 
into under the program shall require that the fresh 
produce procured for distribution to a qualifying en-
tity meets the following requirements: 
(A The fresh produce is grown in the 
United States. 
(B) The fresh produce includes locally 
grown produce as geographically and seasonally 
feasible, as determined by the Secretary. 
(C) Not fewer than 7 varieties of fresh 
produce are distributed. 
(D) The variety of fresh produce distrib-
uted is consistent with the most recent Dietary 
Guidelines for Americans published under sec-
tion 301 of the National Nutrition Monitoring 
and Related Research Act of 1990 (7 U.S.C. 
5341). 
(E) The fresh produce includes specialty 
crops of cultural importance to the recipients of 
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the fresh produce, as determined by the Sec-
retary, in consultation with the distributing 
qualifying entity. 
(4) PAYMENT
UNDER
CONTRACT.—Under a 
contract entered into under the program, the Sec-
retary shall— 
(A) make a payment to the eligible entity 
of not less than 30 percent of the contract price 
in advance of the first distribution of produce 
under the contract; and 
(B) after the eligible entity provides docu-
mentation that the payment under subpara-
graph (A) has been spent, pay the remaining 
amount under the contract in 2 disbursements 
of equal value. 
(f) PROGRAM ADMINISTRATION.— 
(1) QUALIFYING
ENTITIES.—The Secretary 
shall— 
(A) maintain a list of qualifying entities 
that participate in the program; and 
(B) conduct outreach to ensure that quali-
fying entities are made aware of the program. 
(2) EQUITY AND GEOGRAPHIC REACH.— 
(A) IN
GENERAL.—In carrying out the 
program each fiscal year, the Secretary shall 
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enter into contracts with eligible entities in a 
manner that ensures that the total value of con-
tracts entered into in each State is propor-
tionate to the number of households and indi-
viduals living in poverty within the State, as de-
termined by the Secretary. 
(B) 
DIVERSITY.—The 
Secretary 
shall 
award multiple contracts under the program to 
eligible entities located in or serving each region 
of the Food and Nutrition Service to provide 
opportunities to a broad range of producers and 
eligible entities. 
(3) VULNERABLE AREAS.—In carrying out the 
program, the Secretary shall establish a process— 
(A) to determine the areas most in need of 
produce provision under the program, including 
rural areas, the territories and possessions of 
the United States, and areas under the jurisdic-
tion of a Tribal government; and 
(B) to ensure that those areas are served 
by the program. 
(4) FINANCIAL
INFORMATION
AND
ASSIST-
ANCE.—The Secretary shall provide— 
(A) information to assist small farmers, 
beginning farmers, veteran farmers, and socially 
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disadvantaged farmers in obtaining food safety 
certifications; and 
(B) financial assistance to cover the associ-
ated costs of necessary changes and upgrades 
to practices and equipment to improve food 
safety. 
(5) TECHNICAL
ASSISTANCE.—The Secretary 
shall provide technical assistance to eligible entities 
participating in the program with respect to— 
(A) the contract terms and expectations 
applicable to those eligible entities; 
(B) best practices for the distribution of 
produce and expectations of the Secretary relat-
ing to distribution; and 
(C) food safety certification. 
(g) REPORTING.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this Act, the Secretary 
shall submit to the Committee on Agriculture, Nutri-
tion, and Forestry of the Senate and the Committee 
on Agriculture of the House of Representatives a re-
port that describes the activities carried out under 
the program, including, within a State— 
(A) the counties and percentage of coun-
ties served; 
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(B) the number of produce packages pro-
vided; 
(C) the quantity and variety of fresh 
produce distributed; 
(D) the number of farms from which 
produce is sourced, including the size of those 
farms; 
(E) the percentage of fresh produce pro-
cured locally and regionally; and 
(F) any other data determined relevant by 
the Secretary. 
(2) GAO REPORT.—Not later than 1 year after 
the date of enactment of this Act, the Comptroller 
General of the United States shall submit to the 
Committee on Agriculture, Nutrition, and Forestry 
of the Senate and the Committee on Agriculture of 
the House of Representatives a report that evaluates 
the effectiveness of the program with respect to the 
purposes of the program described in subsection (c). 
Æ 
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