Sec. 5. Economic assistance for specialty crops
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The Secretary shall establish and implement a program under which the Secretary will provide a one-time payment to eligible producers to aid such producers in— expanding domestic markets for the covered specialty crops of such producers; or developing new markets for such crops. An eligible producer seeking payment under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. Except as specified in paragraph (2), the Secretary shall calculate the amount of the payment under this section to an eligible producer based on the producer’s sales of covered specialty crops in calendar year 2025.
In the case of a new producer, the Secretary shall calculate the amount of the payment under this section using the new producer’s estimate of their sales of covered specialty crops in calendar year 2026. A new producer shall provide to the Secretary as evidence to support the estimate referred to in paragraph (1)— a legally binding contract or agreement under which the producer has agreed to sell a covered specialty crop during calendar year 2026; or evidence that, at the time of application, a covered specialty crop has been planted and is expected to be harvested and sold in calendar year 2026.
The maximum amount of the payment an eligible producer may receive under this section shall not exceed $900,000. Such maximum amount may be reduced if the amount of funds made available to carry out this section for a fiscal year is insufficient (as determined by the Secretary) to make all payments for which applications are submitted under this section. The amount of the payment an eligible producer may receive under this section with respect to a covered specialty crop shall be reduced by the amount of any payment issued by the Secretary to such producer for such covered specialty crop (or acres on the farm planted to such crop) under the Farmer Bridge Assistance Program of the Department of Agriculture (as described in the press release of the Department of Agriculture on December 8, 2025 (Release No. 0239.25)).
An eligible producer may not receive financial assistance under this section and under section 6 with respect to the same losses. In this section: The term covered specialty crop means— a specialty crop; dry edible beans and peas, mushrooms, and vegetable seed; Christmas trees; any culinary and medicinal herb or spice; honey, hops, maple sap, tea, coffee, turfgrass, and grass seed; and such other crop as determined appropriate by the Secretary. The term eligible producer means a producer of covered specialty crops (including a new producer) that— is in the business of producing covered specialty crops as of the date on which the producer seeks payment under this section; and is entitled to an ownership share and shares in the risk of producing a covered specialty crop that will be sold in the calendar year for which payment is sought; is— a citizen of the United States or lawful alien (as defined in section 1400.3 of title 7, Code of Federal Regulations (or successor regulations)); a partnership, corporation, limited liability company, or other organizational structure organized under State law; an Indian Tribe or Tribal Organization (as those terms are defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 )); or a foreign person that meets the requirements specified in section 1400.401 of title 7, Code of Federal Regulations (or successor regulations); and has an average adjusted gross income that— is less than $900,000 for the preceding three tax years; or equals or exceeds $900,000 if the producers’s average adjusted gross farm income is at least 75 percent of the producer’s average adjusted gross income.
The term new producer means a producer of covered specialty crops who, at the time of application for payment under this section— began producing specialty crops in either of the preceding two crop years but did not have sales due to the immaturity of the crop; began producing specialty crops in the preceding crop year but did not have a complete year of sales; or is beginning to grow specialty crops in the crop year with respect to which the application is submitted. The term specialty crop has the meaning given such term in section 3 of the Specialty Crops Competitiveness Act of 2004 ( 7 U.S.C. 1621 note;
Public Law 108–465 ). There is appropriated to the Secretary $5,000,000,000 to carry out this section. In providing payments under this section, the Secretary shall use an amount equal to the amounts appropriated under paragraph
(1)reduced by any amount obligated by the Secretary for payments to eligible producers of specialty crops under the Farmer Bridge Assistance Program of the Department of Agriculture (as described in the press release of the Department of Agriculture on December 8, 2025 (Release No. 0239.25)). Effective on the date that is the end of the 2-year period beginning on the date of enactment of this Act, there is rescinded from the unobligated balance of the amount appropriated under paragraph
(1)an amount equal to the amount under paragraph
(1)reduced by the amount obligated by the Secretary for payments to eligible producers of specialty crops under the Farmer Bridge Assistance Program of the Department of Agriculture (as described in the press release of the Department of Agriculture on December 8, 2025 (Release No. 0239.25)) for such period.
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- Pub. L. 108-465
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