Naima Drecker-Waxman is a law student in the HLS Food Law & Policy Clinic and a guest contributor to this blog.
At the beginning of the month, the Senate Committee on Agriculture, Nutrition, & Forestry held its first Farm Bill hearing of the 118th Congress. The hearing covered the trade and horticulture titles of the Farm Bill. Three experts testified: Alexis Taylor, Undersecretary for Trade and Foreign Agricultural Affairs, U.S. Department of Agriculture; Jenny Lester Moffitt, Under Secretary for Marketing and Regulatory Program, U.S. Department of Agriculture; and Sarah Charles, Assistant to the Administrator, U.S. Agency for International Development. The hearing highlighted opportunities to support specialty crops farmers through programs in both titles.
The Trade Title & Committee Priorities
The Trade Title includes programs for providing food assistance abroad and programs to support U.S. agricultural exports, including export credit guarantee programs and export development programs like the Market Access Program (MAP) and Technical Assistance for Specialty Crops (TASC).
For several senators, a key issue at the hearing was whether the Biden administration has underenforced trade agreements. Senators Charles Grassley (R-IA), Joni Ernst (R-IA), Roger Marshall (R-KS), John Thune (R-SD), Deb Fischer (R-NE), and Amy Klobuchar (D-MN) all raised concern with Mexico’s plan to ban the import of genetically modified corn. Undersecretary Taylor defended the administration’s approach of productive engagement with Mexico without taking dispute settlement under the U.S.-Mexico-Canada Agreement off the table.
Senators were also interested in market development programs in general and support for the export of specialty crops specifically. In response to these questions, Undersecretary Taylor highlighted the opportunity for specialty crop farmers to leverage technical assistance available through the TASC program to overcome trade barriers. The 2018 Farm Bill funded TASC at lower levels than the 2014 Farm Bill—increasing funding for technical assistance in 2023 would support specialty crop farmers in accessing foreign markets.
Other issues covered at the hearing include the inclusion of Tribal producers on trade missions and other trade programs, the potential for exports in the Indo-Pacific region, the impact of avian influenza on poultry exports, and cash and commodity aid to address food insecurity internationally.
The Horticulture Title & Committee Priorities
The Horticulture Title includes programs to support organic agriculture and specialty crops, defined as “[f]ruits and vegetables, tree nuts, dried fruits, horticulture, and nursery crops (including floriculture).” In addition, it includes the Local Agriculture Market Program (LAMP) to support local agriculture.
Committee Chair Debbie Stabenow (D-MI), who authored the specialty crop provisions first added to the 2008 Farm Bill, and Senator Ben Ray Lujan (D-NM) both expressed an interest in strengthening specialty crop programs, including the Specialty Crop Block Grant Program (SCBGP), and growing the domestic market for specialty crops. New committee members Peter Welch (D-VT) and John Fetterman (D-PA) both asked about strengthening organic rules. Senator Welch further inquired about programs to strengthen local food markets, an issue that Senator Sherrod Brown (D-OH) also emphasized in the hearing.
The hearing also covered questions and testimony about comprehensive immigration reform, hemp regulations, forest pests, and USDA’s response to avian influenza in poultry.
FBLE Priorities in Trade & Horticulture
The 2023 Farm Bill is an opportunity to invest in small and mid-sized farms. Programs in the trade and horticulture titles of the farm bill can facilitate these investments. As Undersecretary Moffitt testified, LAMP and SCBGP are instrumental in supporting local agriculture and bringing specialty crops to domestic markets. FBLE recommends that Congress increase mandatory funding for these programs to meet demand. Congress can make opportunities for specialty crop growers more equitable by amending SCBGP to require states to include strategies for supporting socially disadvantaged farmers and ranchers and beginning farmers and ranchers in their grant applications. As previously discussed, TASC awards can also support specialty crop farmers.
Small and mid-sized farms are currently struggling to access organic certification—an issue that Senator Welch raised at the hearing. The Organic Certification Cost Share Program helps small farmers overcome barriers to accessing certification, but available funding for the program has been insufficient to offer the cost-share arrangement authorized in the statute. FBLE recommends that the 2023 Farm Bill increase funding for the program to cover the full cost share authorized under the statute for all interested producers.
A labor crisis is also hindering farmers in the United States. Senator Bennet and Chairwoman Stabenow both raised the importance of immigration reform at the hearing. FBLE recommends that Congress undertake comprehensive immigration reform, including establishing an immediate legal status for undocumented farmworkers and a pathway to permanent residence and citizenship for farmworkers.
The views and opinions expressed on the FBLE Blog are those of the authors and do not necessarily reflect the official policy or position of FBLE. While we review posts for accuracy, we cannot guarantee the reliability and completeness of any legal analysis presented; posts on this Blog do not constitute legal advice. If you discover an error, please reach out to contact@farmbilllaw.org.
