§7721. Plant pest and disease management and disaster prevention
(a) Definitions
In this section:
(1) Early plant pest detection and surveillance
The term “early plant pest detection and surveillance” means the full range of activities undertaken to find newly introduced plant pests, whether the plant pests are new to the United States or new to certain areas of the United States, before-
(A) the plant pests become established; or
(B) the plant pest infestations become too large and costly to eradicate or control.
(2) Specialty crop
The term “specialty crop” has the meaning given the term in section 3 of the Specialty Crops Competitiveness Act of 2004 (7 U.S.C. 1621 note; Public Law 108–465).
(3) State department of agriculture
The term “State department of agriculture” means an agency of a State that has a legal responsibility to perform early plant pest detection and surveillance activities.
(b) Early plant pest detection and surveillance improvement program
(1) Cooperative agreements
The Secretary shall enter into a cooperative agreement with each State department of agriculture that agrees to conduct early plant pest detection and surveillance activities.
(2) Consultation
In carrying out this subsection, the Secretary shall consult with-
(A) the National Plant Board; and
(B) other interested parties.
(3) Chapter 10 of title 5
Chapter 10 of title 5 shall not apply to consultations under this subsection.
(4) Application
(A) In general
A State department of agriculture seeking to enter into a cooperative agreement under this subsection shall submit to the Secretary an application containing such information as the Secretary may require.
(B) Notification
The Secretary shall notify applicants of-
(i) the requirements to be imposed on a State department of agriculture for auditing of, and reporting on, the use of any funds provided by the Secretary under the cooperative agreement;
(ii) the criteria to be used to ensure that early pest detection and surveillance activities supported under the cooperative agreement are based on sound scientific data or thorough risk assessments; and
(iii) the means of identifying pathways of pest introductions.
(5) Use of funds
(A) Plant pest detection and surveillance activities
A State department of agriculture that receives funds under this subsection shall use the funds to carry out early plant pest detection and surveillance activities approved by the Secretary to prevent the introduction or spread of a plant pest.
(B) Subagreements
Nothing in this subsection prevents a State department of agriculture from using funds received under paragraph (4) to enter into subagreements with political subdivisions of the State that have legal responsibilities relating to agricultural plant pest and disease surveillance.
(C) Non-Federal share
The non-Federal share of the cost of carrying out a cooperative agreement under this section may be provided in-kind, including through provision of such indirect costs of the cooperative agreement as the Secretary considers to be appropriate.
(D) Ability to provide funds
The Secretary shall not take the ability to provide non-Federal costs to carry out a cooperative agreement entered into under subparagraph (A) into consideration when deciding whether to enter into a cooperative agreement with a State department of agriculture.
(6) Special funding considerations
The Secretary shall provide funds to a State department of agriculture if the Secretary determines that-
(A) the State department of agriculture is in a State that has a high risk of being affected by 1 or more plant pests or diseases, taking into consideration-
(i) the number of international ports of entry in the State;
(ii) the volume of international passenger and cargo entry into the State;
(iii) the geographic location of the State and if the location or types of agricultural commodities produced in the State are conducive to agricultural pest and disease establishment due to the climate, crop diversity, or natural resources (including unique plant species) of the State; and
(iv) whether the Secretary has determined that an agricultural pest or disease in the State is a Federal concern; and
(B) the early plant pest detection and surveillance activities supported with the funds will likely-
(i) prevent the introduction and establishment of plant pests; and
(ii) provide a comprehensive approach to compliment Federal detection efforts.
(7) Reporting requirement
Not later than 90 days after the date of completion of an early plant pest detection and surveillance activity conducted by a State department of agriculture using funds provided under this section, the State department of agriculture shall submit to the Secretary a report that describes the purposes and results of the activities.
(c) Threat identification and mitigation program
(1) Establishment
The Secretary shall establish a threat identification and mitigation program to determine and address threats to the domestic production of crops.
(2) Requirements
In conducting the program established under paragraph (1), the Secretary shall-
(A) develop risk assessments of the potential threat to the agricultural industry of the United States from foreign sources;
(B) collaborate with the National Plant Board; and
(C) implement action plans for high consequence plant pest and diseases to assist in preventing the introduction and widespread dissemination of new plant pest and disease threats in the United States.
(3) Reports
Not later than 1 year after the date of enactment of this paragraph, and annually thereafter, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report on the action plans described in paragraph (2), including an accounting of funds expended on the action plans.
(d) Specialty crop certification and risk management systems
The Secretary shall provide funds and technical assistance to specialty crop growers, organizations representing specialty crop growers, and State and local agencies working with specialty crop growers and organizations for the development and implementation of-
(1) audit-based certification systems, such as best management practices-
(A) to address plant pests; and
(B) to mitigate the risk of plant pests in the movement of plants and plant products; and
(2) nursery plant pest risk management systems, in collaboration with the nursery industry, research institutions, and other appropriate entities-
(A) to enable growers to identify and prioritize nursery plant pests and diseases of regulatory significance;
(B) to prevent the introduction, establishment, and spread of those plant pests and diseases; and
(C) to reduce the risk of and mitigate those plant pests and diseases.
(e) National Clean Plant Network
(1) In general
The Secretary shall establish a program to be known as the “National Clean Plant Network” (referred to in this subsection as the “Program”).
(2) Requirements
Under the Program, the Secretary shall establish a network of clean plant centers for diagnostic and pathogen elimination services-
(A) to produce clean propagative plant material; and
(B) to maintain blocks of pathogen-tested plant material in sites located throughout the United States.
(3) Availability of clean plant source material
Clean plant source material may be made available to-
(A) a State for a certified plant program of the State; and
(B) private nurseries and producers.
(4) Consultation and collaboration
In carrying out the Program, the Secretary shall-
(A) consult with-
(i) State departments of agriculture; and
(ii) land-grant colleges and universities and NLGCA Institutions (as those terms are defined in section 3103 of this title); and
(B) to the extent practicable and with input from the appropriate State officials and industry representatives, use existing Federal or State facilities to serve as clean plant centers.
(5) Funding for fiscal year 2013
There is authorized to be appropriated to carry out the Program $5,000,000 for fiscal year 2013.
(f) Funding
Of the funds of the Commodity Credit Corporation, the Secretary shall make available to carry out this section-
(1) $12,000,000 for fiscal year 2009;
(2) $45,000,000 for fiscal year 2010;
(3) $50,000,000 for fiscal year 2011;
(4) $50,000,000 for fiscal year 2012;
(5) $62,500,000 for each of fiscal years 2014 through 2017;
(6) $75,000,000 for each of fiscal years 2018 through 2025; and
(7) $90,000,000 for fiscal year 2026 and each fiscal year thereafter.
(g) Use of funds for clean plant network
Of the funds made available under subsection (f) to carry out this section for a fiscal year, not less than $5,000,000 shall be available to carry out the National Clean Plant Network under subsection (e).
(h) Limitation on indirect costs for the consolidation of plant pest and disease management and disaster prevention programs
Indirect costs charged against a cooperative agreement under this section shall not exceed the lesser of-
(1) 15 percent of the total Federal funds provided under the cooperative agreement, as determined by the Secretary; and
(2) the indirect cost rate applicable to the recipient as otherwise established by law.
§1621. Congressional declaration of purpose; use of existing facilities; cooperation with States
The Congress declares that a sound, efficient, and privately operated system for distributing and marketing agricultural products is essential to a prosperous agriculture and is indispensable to the maintenance of full employment and to the welfare, prosperity, and health of the Nation. It is further declared to be the policy of Congress to promote through research, study, experimentation, and through cooperation among Federal and State agencies, farm organizations, and private industry a scientific approach to the problems of marketing, transportation, and distribution of agricultural products similar to the scientific methods which have been utilized so successfully during the past eighty-four years in connection with the production of agricultural products so that such products capable of being produced in abundance may be marketed in an orderly manner and efficiently distributed. In order to attain these objectives, it is the intent of Congress to provide for (1) continuous research to improve the marketing, handling, storage, processing, transportation, and distribution of agricultural products; (2) cooperation among Federal and State agencies, producers, industry organizations, and others in the development and effectuation of research and marketing programs to improve the distribution processes; (3) an integrated administration of all laws enacted by Congress to aid the distribution of agricultural products through research, market aids and services, and regulatory activities, to the end that marketing methods and facilities may be improved, that distribution costs may be reduced and the price spread between the producer and consumer may be narrowed, that dietary and nutritional standards may be improved, that new and wider markets for American agricultural products may be developed, both in the United States and in other countries, with a view to making it possible for the full production of American farms to be disposed of usefully, economically, profitably, and in an orderly manner. In effectuating the purposes of this chapter, maximum use shall be made of existing research facilities owned or controlled by the Federal Government or by State agricultural experiment stations and of the facilities of the Federal and State extension services. To the maximum extent practicable marketing research work done under this chapter in cooperation with the States shall be done in cooperation with the State agricultural experiment stations; marketing educational and demonstrational work done under this chapter in cooperation with the States shall be done in cooperation with the State agricultural extension service; market information, inspection, regulatory work and other marketing service done under this chapter in cooperation with the State agencies shall be done in cooperation with the State departments of agriculture, and State bureaus and departments of markets.
Specialty Crops Competitiveness
Pub. L. 108–465, §§2, 3, title I, §101, Dec. 21, 2004, 118 Stat. 3882 , 3883, as amended by Pub. L. 110–234, title X, §10109, May 22, 2008, 122 Stat. 1338 ; Pub. L. 110–246, §4(a), title X, §10109, June 18, 2008, 122 Stat. 1664 , 2100; Pub. L. 113–79, title X, §10010, Feb. 7, 2014, 128 Stat. 949 ; Pub. L. 115–334, title X, §10107, Dec. 20, 2018, 132 Stat. 4905 ; Pub. L. 119–21, title I, §10606(b), July 4, 2025, 139 Stat. 110 , provided that:
"SEC. 2. FINDINGS AND PURPOSE.
"(a) Findings.-Congress finds the following:
"(1) A secure domestic food supply is a national security imperative for the United States.
"(2) A competitive specialty crop industry in the United States is necessary for the production of an abundant, affordable supply of highly nutritious fruits, vegetables, and other specialty crops, which are vital to the health and well-being of all Americans.
"(3) Increased consumption of specialty crops will provide tremendous health and economic benefits to both consumers and specialty crop growers.
"(4) Specialty crop growers believe that there are numerous areas of Federal agriculture policy that could be improved to promote increased consumption of specialty crops and increase the competitiveness of producers in the efficient production of affordable specialty crops in the United States.
"(5) As the globalization of markets continues, it is becoming increasingly difficult for United States producers to compete against heavily subsidized foreign producers in both the domestic and foreign markets.
"(6) United States specialty crop producers also continue to face serious tariff and non-tariff trade barriers in many export markets.
"(b) Purpose.-It is the purpose of this Act [see Short Title of 2004 Amendment note set out under section 3101 of this title] to make necessary changes in Federal agriculture policy to accomplish the goals of increasing fruit, vegetable, and nut consumption and improving the competitiveness of United States specialty crop producers.
"SEC. 3. DEFINITIONS.
"In this Act:
"(1) The term ‘specialty crop’ means fruits and vegetables, tree nuts, dried fruits, and horticulture and nursery crops (including floriculture).
"(2) The term ‘State’ means the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands.
"(3) The term ‘State department of agriculture’ means the agency, commission, or department of a State government responsible for agriculture within the State.
"TITLE I-STATE ASSISTANCE FOR SPECIALTY CROPS
"SEC. 101. SPECIALTY CROP BLOCK GRANTS.
"(a) Availability and Purpose of Grants.-Using the funds made available under subsection (l), the Secretary of Agriculture shall make grants to States for each of the fiscal years 2005 through 2023 to be used by State departments of agriculture to enhance the competitiveness of specialty crops, including-
"(1) by leveraging efforts to market and promote specialty crops;
"(2) by assisting producers with research and development relevant to specialty crops;
"(3) by expanding availability and access to specialty crops;
"(4) by addressing local, regional, and national challenges confronting specialty crop producers; and
"(5) for such other purposes determined to be appropriate by the Secretary of Agriculture, in consultation with specialty crop stakeholders and relevant State departments of agriculture.
"(b) Grants Based on Value and Acreage.-Subject to subsection (c), for each State whose application for a grant for a fiscal year that [sic] is accepted by the Secretary under subsection (f), the amount of the grant for that fiscal year to the State under this section shall bear the same ratio to the total amount made available under subsection (l)(1) for that fiscal year as-
"(1) the average of the most recent available value of specialty crop production in the State and the acreage of specialty crop production in the State, as demonstrated in the most recent Census of Agriculture data; bears to
"(2) the average of the most recent available value of specialty crop production in all States and the acreage of specialty crop production in all States, as demonstrated in the most recent Census of Agriculture data.
"(c) Minimum Grant Amount.-Notwithstanding subsection (b), each State shall receive a grant under this section for each fiscal year in an amount that is at least equal to the higher of-
"(1) $100,000; or
"(2) 1/3 of 1 percent of the total amount of funding made available to carry out this section for the fiscal year.
"(d) Eligibility.-To be eligible to receive a grant under this section, a State department of agriculture shall prepare and submit, for approval by the Secretary of Agriculture, an application at such time, in such a manner, and containing such information as the Secretary shall require by regulation, including-
"(1) a State plan that meets the requirements of subsection (e);
"(2) an assurance that the State will comply with the requirements of the plan; and
"(3) an assurance that grant funds received under this section shall supplement the expenditure of State funds in support of specialty crops grown in that State, rather than replace State funds.
"(e) Plan Requirements.-The State plan shall identify the lead agency charged with the responsibility of carrying out the plan and indicate how the grant funds will be utilized to enhance the competitiveness of specialty crops.
"(f) Review of Application.-In reviewing the application of a State submitted under subsection (d), the Secretary of Agriculture shall ensure that the State plan would carry out the purpose of grant program, as specified in subsection (a). The Secretary may accept or reject applications for a grant under this section.
"(g) Effect of Noncompliance.-If the Secretary of Agriculture, after reasonable notice to a State, finds that there has been a failure by the State to comply substantially with any provision or requirement of the State plan, the Secretary may disqualify, for one or more years, the State from receipt of future grants under this section.
"(h) Audit Requirements.-For each year that a State receives a grant under this section, the State shall conduct an audit of the expenditures of grant funds by the State. Not later than 30 days after the completion of the audit, the State shall submit a copy of the audit to the Secretary of Agriculture.
"(i) Reallocation.-
"(1) In general.-The Secretary shall reallocate to other States in accordance with paragraph (2) any amounts made available for a fiscal year under this section that are not obligated or expended by a date during that fiscal year determined by the Secretary.
"(2) Pro rata allocation.-The Secretary shall allocate funds described in paragraph (1) pro rata to the remaining States that applied during the specified grant application period.
"(3) Use of reallocated funds.-Funds allocated to a State under this subsection shall be used by the State only to carry out projects that were previously approved in the State plan of the State.
"(j) Multistate Projects.-
"(1) In general.-Not later than 180 days after the effective date of the Agricultural Act of 2014 [Feb. 7, 2014], the Secretary of Agriculture shall issue guidance for the purpose of making grants to multistate projects under this section for projects involving-
"(A) food safety;
"(B) plant pests and disease;
"(C) research;
"(D) crop-specific projects addressing common issues; and
"(E) any other area that furthers the purposes of this section, as determined by the Secretary.
"(2) Administration of multistate projects from nonparticipating states.-The Secretary of Agriculture may directly administer all aspects of multistate projects under this subsection for applicants in a nonparticipating State.
"(k) Administration.-
"(1) Department.-The Secretary of Agriculture may not use more than 3 percent of the funds made available to carry out this section for a fiscal year for administrative expenses.
"(2) States.-A State receiving a grant under this section may not use more than 8 percent of the funds received under the grant for a fiscal year for administrative expenses.
"(3) Evaluation.-
"(A) Performance measures and review.-
"(i) Development.-The Secretary of Agriculture and the State departments of agriculture, in consultation with specialty crop stakeholders, shall develop performance measures to be used as the sole means of performing any evaluation of the grant program established under this section.
"(ii) Review.-The Secretary of Agriculture, in consultation with the State departments of agriculture, shall periodically evaluate the performance of the grant program established under this section.
"(B) Cooperative agreements.-The Secretary of Agriculture may enter into cooperative agreements-
"(i) to develop the performance measures under subparagraph (A)(i); or
"(ii) to evaluate the overall performance of the grant program established under this section.
"(l) Funding.-
"(1) In general.-Of the funds of the Commodity Credit Corporation, the Secretary of Agriculture shall make grants under this section, using-
"(A) $10,000,000 for fiscal year 2008;
"(B) $49,000,000 for fiscal year 2009;
"(C) $55,000,000 for each of fiscal years 2010 through 2012;
"(D) $72,500,000 for each of fiscal years 2014 through 2017;
"(E) $85,000,000 for each of fiscal years 2018 through 2025; and
"(F) $100,000,000 for fiscal year 2026 and each fiscal year thereafter.
"(2) Multistate projects.-Of the funds made available under paragraph (1), the Secretary may use to carry out subsection (j), to remain available until expended-
"(A) $1,000,000 for fiscal year 2014;
"(B) $2,000,000 for fiscal year 2015;
"(C) $3,000,000 for fiscal year 2016;
"(D) $4,000,000 for fiscal year 2017; and
“(E) $5,000,000 for fiscal year 2018 and each fiscal year thereafter.”
§5925c. Organic production and market data initiatives
(a) In general
The Secretary shall collect and report data on the production and marketing of organic agricultural products.
(b) Requirements
In carrying out subsection (a), the Secretary shall, at a minimum-
(1) collect and distribute comprehensive reporting of prices relating to organically produced agricultural products;
(2) conduct surveys and analysis and publish reports relating to organic production, handling, distribution, retail, and trend studies (including consumer purchasing patterns); and
(3) develop surveys and report statistical analysis on organically produced agricultural products.
(c) Report
Not later than 180 days after the date of enactment of this subsection and annually thereafter, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that-
(1) describes the progress that has been made in implementing this section;
(2) describes how data collection agencies (such as the Agricultural Marketing Service and the National Agricultural Statistics Service) are coordinating with data user agencies (such as the Risk Management Agency) to ensure that data collected under this section can be used by data user agencies, including by the Risk Management Agency to offer price elections for all organic crops; and
(3) identifies any additional production and marketing data needs.
(d) Funding
(1) Mandatory funding
Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section, to remain available until expended-
(A) $5,000,000 for each of the periods of fiscal years 2008 through 2012 and 2014 through 2018;
(B) $5,000,000 for the period of fiscal years 2019 through 2023;
(C) $1,000,000 for fiscal year 2024; and
(D) $10,000,000 for the period of fiscal years 2026 through 2031.
(2) Discretionary funding
In addition to funds made available under paragraph (1), there are authorized to be appropriated to carry out this section not more than $5,000,000 for each of fiscal years 2008 through 2023, to remain available until expended.
§6522. Funding
(a) In general
There are authorized to be appropriated for each fiscal year such sums as may be necessary to carry out this chapter.
(b) National organic program
Notwithstanding any other provision of law, in order to carry out activities under the national organic program established under this chapter, there are authorized to be appropriated-
(1) $15,000,000 for fiscal year 2018;
(2) $16,500,000 for fiscal year 2019;
(3) $18,000,000 for fiscal year 2020;
(4) $20,000,000 for fiscal year 2021;
(5) $22,000,000 for fiscal year 2022; and
(6) $24,000,000 for fiscal year 2023.
(c) Modernization and improvement of international trade technology systems and data collection
(1) In general
The Secretary shall establish a new system or modify an existing data collection and organization system to collect and organize in a single system quantitative data on imports of each organically produced agricultural product accepted into the United States.
(2) Activities
In carrying out paragraph (1), the Secretary shall modernize trade and transaction certificates to ensure full traceability to the port of entry without unduly hindering trade or commerce, such as through an electronic trade document exchange system.
(3) Access
The single system established under paragraph (1) shall be accessible by any agency with the direct authority to engage in-
(A) inspection of imports of agricultural products;
(B) trade data collection and organization; or
(C) enforcement of trade requirements for organically produced agricultural products.
(4) Funding
Of the funds of the Commodity Credit Corporation, the Secretary shall make available $5,000,000 for fiscal year 2019, $1,000,000 for fiscal years 2024 and 2025, and $5,000,000 for fiscal year 2026 for the purposes of-
(A) carrying out this subsection; and
(B) maintaining the database and technology upgrades previously carried out under this subsection, as in effect on the day before December 20, 2018.
(5) Availability
The amounts made available under paragraph (4) are in addition to any other funds made available for the purposes described in that paragraph and shall remain available until expended.
§6523. National organic certification cost-share program
(a) In general
The Secretary of Agriculture shall 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 $750.
(c) Reporting
Not later than March 1 of each year, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that describes the requests by, disbursements to, and expenditures for each State under the program during the current and previous fiscal year, including the number of producers and handlers served by the program in the previous fiscal year.
(d) Mandatory funding
(1) In general
Of the funds of the Commodity Credit Corporation, the Secretary shall make available to carry out this section-
(A) $2,000,000 for each of fiscal years 2019 and 2020;
(B) $4,000,000 for fiscal year 2021; and
(C) $8,000,000 for each of fiscal years 2022 through 2031.
(2) Availability
Amounts made available under paragraph (1) shall remain available until expended.
Section 10109(c) of the Agriculture Improvement Act of 2018
US Code needed
(f) Multiple crop and pesticide use survey.—Section 10109(c) of the Agriculture Improvement Act of 2018 (Public Law 115–334; 132 Stat. 4907) is amended by adding at the end the following:
“(3) FURTHER MANDATORY FUNDING.—Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section $5,000,000 for fiscal year 2026, to remain available until expended.”.
[6]Code source needed