Subtitle G—Specialty Crops

SEC. 10601. MARKETING ORDERS FOR CRANBERRIES.

(a) IN GENERAL.—Section 8c of the Agricultural Adjustment Act (7 U.S.C. 608c), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, is amended—

(1) in subsection (2)(A), by inserting ‘‘caneberries (including raspberries, blackberries, and loganberries),’’ after ‘‘other than pears, olives, grapefruit, cherries,’’; and

(2) in subsection (6)(I), by striking ‘‘tomatoes,,’’ and inserting ‘‘tomatoes, caneberries (including raspberries, blackberries, and loganberries),’’.

(b) CONFORMING AMENDMENT.—Section 8e(a) of the Agricultural Adjustment Act (7 U.S.C. 608e–l(a)), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, is amended in the first sentence by striking ‘‘or apples’’ and inserting ‘‘apples, or caneberries (including raspberries, blackberries, and loganberries)’’.

SEC. 10602. AVAILABILITY OF SECTION 32 FUNDS.

The second undesignated paragraph of section 32 of the Act of August 24, 1935 (7 U.S.C. 612c), is amended by striking ‘‘$300,000,000’’ and inserting ‘‘$500,000,000’’.

SEC. 10603. PURCHASE OF SPECIALTY CROPS.

(a) GENERAL PURCHASE AUTHORITY.—Of the funds made available under section 32 of the Act of August 24, 1935 (7 U.S.C. 612c), for fiscal year 2002 and each subsequent fiscal year, the Secretary of Agriculture shall use not less than $200,000,000 each fiscal year to purchase fruits, vegetables, and other specialty food crops.

(b) PURCHASE AUTHORITY.—

(1) PURCHASE.—Of the amount specified in subsection (a), the Secretary of Agriculture shall use not less than $50,000,000 each fiscal year for the purchase of fresh fruits and vegetables for distribution to schools and service institutions in accordance with section 6(a) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1755(a)).

(2) SERVICING AGENCY.—The Secretary of Agriculture shall provide for the Secretary of Defense to serve as the servicing agency for the procurement of the fresh fruits and vegetables under this subsection on the same terms and conditions as provided in the memorandum of agreement entered into between the Agricultural Marketing Service, the Food and Consumer Service, and the Defense Personnel Support Center during August 1995 (or any successor memorandum of agreement).

(c) DEFINITIONS.—In this section, the terms ‘‘fruits’’, ‘‘vegetables’’, and ‘‘other specialty food crops’’ shall have the meaning given the terms by the Secretary of Agriculture.

SEC. 10604. PROTECTION FOR PURCHASERS OF FARM PRODUCTS.

(a) DEFINITION OF EFFECTIVE FINANCING STATEMENT.—Section 1324(c)(4) of the Food Security Act of 1985 (7 U.S.C. 1631(c)(4)) is amended—

(1) in subparagraph (B), by striking ‘‘signed’’ and inserting ‘‘signed, authorized, or otherwise authenticated by the debtor,’’;

(2) by striking subparagraph (C);

(3) in subparagraph (D)—

(A) in clause (iii), by adding ‘‘and’’ after the semicolon at the end; and

(B) in clause (iv), by striking ‘‘applicable;’’ and all that follows and inserting ‘‘applicable, and the name of each county or parish in which the farm products are produced or located;’’;

(4) in subparagraph (E), by striking ‘‘signed’’ and inserting ‘‘signed, authorized, or otherwise authenticated by the debtor’’;

(5) in subparagraph (G), by striking ‘‘notice signed’’ and inserting ‘‘notice signed, authorized, or otherwise authenticated’’; and

(6) by redesignating subparagraphs (D) through (I) as subparagraphs (C) through (H), respectively.

(b) PURCHASES SUBJECT TO SECURITY INTERESTS.—Section 1324(e) of the Food Security Act of 1985 (7 U.S.C. 1631(e)) is amended—

(1) in paragraph (1)(A)(ii)—

(A) in subclause (III), by adding ‘‘and’’ after the semicolon at the end; and

(B) in subclause (IV), by striking ‘‘crop year,’’ and all that follows and inserting ‘‘crop year, and the name of each county or parish in which the farm products are produced or located;’’;

(2) in paragraph (1)(A)(iii), by striking ‘‘similarly signed’’ and inserting ‘‘similarly signed, authorized, or otherwise authenticated’’;

(3) in paragraph (1)(A)(iv), by striking ‘‘notice signed’’ and inserting ‘‘notice signed, authorized, or otherwise authenticated’’;

(4) in paragraph (1)(A)(v), by inserting ‘‘contains’’ before ‘‘any payment’’; and

 (5) in paragraph (3)—

(A) in subparagraph (A), by striking ‘‘subparagraph’’ and inserting ‘‘subsection’’; and

(B) in subparagraph (B), by striking ‘‘; and’’ and inserting a period.

(c) CERTAIN SALES SUBJECT TO SECURITY INTEREST.—Section 1324(g)(2)(A) of the Food Security Act of 1985 (7 U.S.C. 1631(g)(2)(A)) is amended—

(1) in clause (ii)—

(A) in subclause (III), by adding ‘‘and’’ after the semicolon at the end; and

(B) in subclause (IV), by striking ‘‘crop year,’’ and all that follows and inserting ‘‘crop year, and the name of each county or parish in which the farm products are produced or located;’’;

(2) in clause (iii), by striking ‘‘similarly signed’’ and inserting ‘‘similarly signed, authorized, or otherwise authenticated’’;

(3) in clause (iv), by striking ‘‘notice signed’’ and inserting ‘‘notice signed, authorized, or otherwise authenticated’’; and

(4) in clause (v), by inserting ‘‘contains’’ before ‘‘any payment’’.

SEC. 10605. FARMERS’ MARKET PROMOTION PROGRAM.

(a) IN GENERAL.—The Farmer-to-Consumer Direct Marketing Act of 1976 is amended by inserting after section 5 (7 U.S.C. 3004) the following:

‘‘SEC. 6. FARMERS’ MARKET PROMOTION PROGRAM.

‘‘(a) ESTABLISHMENT.—The Secretary shall carry out a program, to be known as the ‘Farmers’ Market Promotion Program’ (referred to in this section as the ‘Program’), to make grants to eligible entities for projects to establish, expand, and promote farmers’ markets.

‘‘(b) PROGRAM PURPOSES.—

‘‘(1) IN GENERAL.—The purposes of the Program are—

‘‘(A) to increase domestic consumption of agricultural commodities by improving and expanding, or assisting in the improvement and expansion of, domestic farmers’ markets, roadside stands, community-supported agriculture programs, and other direct producer-to-consumer market opportunities; and

‘‘(B) to develop, or aid in the development of, new farmers’ markets, roadside stands, community-supported agriculture programs, and other direct producer-to-consumer infrastructure.

‘‘(2) LIMITATIONS.—An eligible entity may not use a grant or other assistance provided under the Program for the purchase, construction, or rehabilitation of a building or structure.

‘‘(c) ELIGIBLE ENTITIES.—An entity shall be eligible to receive a grant under the Program if the entity is—

‘‘(1) an agricultural cooperative;

‘‘(2) a local government;

‘‘(3) a nonprofit corporation;

‘‘(4) a public benefit corporation;

‘‘(5) an economic development corporation;

‘‘(6) a regional farmers’ market authority; or

‘‘(7) such other entity as the Secretary may designate.

‘‘(d) CRITERIA AND GUIDELINES.—The Secretary shall establish criteria and guidelines for the submission, evaluation, and funding of proposed projects under the Program.

‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated such sums as are necessary to carry out this section for each of fiscal years 2002 through 2007.’’.

(b) TECHNICAL AND CONFORMING AMENDMENTS.—

(1) SURVEY.—Section 4 of the Farmer-to-Consumer Direct Marketing Act of 1976 (7 U.S.C. 3003) is amended—

(A) in the first sentence, by striking ‘‘a continuing’’ and inserting ‘‘an annual’’; and

(B) by striking the second sentence.

(2) DIRECT MARKETING ASSISTANCE.—Section 5 of the Farmer-to-Consumer Direct Marketing Act of 1976 (7 U.S.C. 3004) is amended—

(A) in subsection (a)—

(i) in the first sentence, by striking ‘‘Extension Service of the United States Department of Agriculture’’ and inserting ‘‘Secretary’’; and (ii) in the second sentence—

(I) by striking ‘‘Extension Service’’ and inserting ‘‘Secretary’’; and

(II) by striking ‘‘and on the basis of which of these two agencies, or combination thereof, can best perform these activities’’ and inserting ‘‘, as determined by the Secretary’’;

(B) by redesignating subsection (b) as subsection (c); and

(C) by inserting after subsection (a) the following:

‘‘(b) DEVELOPMENT OF FARMERS’ MARKETS.—The Secretary shall—

‘‘(1) work with the Governor of a State, and a State agency designated by the Governor, to develop programs to train managers of farmers’ markets;

‘‘(2) develop opportunities to share information among managers of farmers’ markets;

‘‘(3) establish a program to train cooperative extension service employees in the development of direct marketing techniques; and

‘‘(4) work with producers to develop farmers’ markets.’’.

SEC. 10606. NATIONAL ORGANIC CERTIFICATION COST-SHARE PROGRAM.

(a) IN GENERAL.—Of funds of the Commodity Credit Corporation, the Secretary of Agriculture (acting through the Agricultural Marketing Service) shall use $5,000,000 for fiscal year 2002, to remain available until expended, to establish a national organic certification cost-share program to assist producers and handlers of agricultural

products in obtaining certification under the national organic production program established under the Organic Foods Production Act of 1990 (7 U.S.C. 6501 et seq.).

(b) FEDERAL SHARE.—

(1) IN GENERAL.—Subject to paragraph (2), the Secretary shall pay under this section not more than 75 percent of 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.—The maximum amount of a payment made to a producer or handler under this section shall be $500.

SEC. 10607. EXEMPTION OF CERTIFIED ORGANIC PRODUCTS FROM  ASSESSMENTS.

(a) IN GENERAL.—Section 501 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7401) is amended by adding at the end the following:

‘‘(e) EXEMPTION OF CERTIFIED ORGANIC PRODUCTS FROM  ASSESSMENTS.—

‘‘(1) IN GENERAL.—Notwithstanding any provision of a commodity promotion law, a person that produces and markets solely 100 percent organic products, and that does not produce any conventional or nonorganic products, shall be exempt from the payment of an assessment under a commodity promotion law with respect to any agricultural commodity that is produced on a certified organic farm (as defined in section 2103 of the Organic Foods Production Act of 1990 (7 U.S.C. 6502)).

‘‘(2) REGULATIONS.—Not later than 1 year after the date of enactment of this subsection, the Secretary shall promulgate regulations concerning  eligibility and compliance for an exemption under paragraph (1).’’.

(b) TECHNICAL AMENDMENTS.—Section 501(a) of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7401(a)) is amended—

(1) in paragraph (17), by striking ‘‘or’’;

(2) in paragraph (18), by striking the period and inserting ‘‘; or’’; and

(3) by adding at the end the following:

‘‘(19) any other provision of law enacted after April 4, 1996, that provides for the establishment and operation of a promotion program described in the first sentence.’’.

SEC. 10608. CRANBERRY ACREAGE RESERVE PROGRAM.

(a) DEFINITIONS.—In this section:

(1) ELIGIBLE AREA.—The term ‘‘eligible area’’ means a wetland

or buffer strip adjacent to a wetland that, as determined by the Secretary—

(A)(i) is used, and has a history of being used, for the cultivation of cranberries; or

(ii) is an integral component of a cranberry-growing operation;

(B) is located in an environmentally sensitive area.

(2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Agriculture.

(b) PROGRAM.—The Secretary shall establish a program to purchase permanent easements in eligible areas from willing sellers.

(c) PURCHASE PRICE.—The Secretary shall ensure, to the maximum extent practicable, that each easement purchased under this section is for an amount that appropriately reflects the range of values for agricultural and nonagricultural land in the region in which the eligible area subject to the easement is located (including whether that land is located in 1 or more environmentally sensitive areas, as determined by the Secretary).

(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this section $10,000,000.