H. R. 800
IN THE HOUSE OF REPRESENTATIVES
February 3, 2009
Ms. Baldwin (for herself, Mr. Pence, Mr. Walz, Mr. Boehner, Mr. Kind, Mr. Petri, Mr. Donnelly of Indiana, Mr. Ellsworth, and Mr. Burton of Indiana) introduced the following bill; which was referred to the Committee on Agriculture
To amend the Food, Conservation, and Energy Act of 2008 to authorize producers on a farm to produce fruits and vegetables for processing on the base acres of the farm.
This Act may be cited as the
Farming Flexibility Act of 2009.
Production of fruits and vegetables for processing on covered commodity base acres
Section 1107 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8717) is amended—
in subsection (d)—
in paragraph (1), by striking
each of the 2009 through 2012 crop years and inserting
the 2009 crop year; and
by striking paragraph (7); and
by adding at the end the following new subsection:
Nation-wide authority for production of fruits or vegetables for processing
Beginning with the 2010 crop year, notwithstanding paragraphs (1) and (2) of subsection (b) and in addition to the exceptions provided in subsection (c), producers on a farm, with the consent of the owner and other producers on the farm, may reduce the base acres for any covered commodity for the farm if the reduced acres are used for the planting and production of fruits or vegetables for processing.
Reversion to covered commodity base acres
Any reduced acres of a farm devoted to the planting and production of fruits or vegetables during a crop year under paragraph (1) shall be included in base acres for the covered commodity for the subsequent crop year, unless the producers on the farm make the election described in paragraph (1) for the subsequent crop year.
Recalculation of base acres
Subject to subparagraph (B), if the Secretary recalculates base acres for a farm, the planting and production of fruits or vegetables for processing under paragraph (1) shall be considered to be the same as the planting, prevented planting, or production of the covered commodity.
Nothing in this subsection provides authority for the Secretary to recalculate base acres for a farm.