Protecting Our Produce Act

Bill Number

H.R. 7762

Origin Chamber

House

Congress

119th Congress, Session 2

Policy Area

Agriculture and Food

Status

Introduced

Latest Action

2026-03-03: Referred to the House Committee on Agriculture.

Last Updated

2026-03-20T15:09:36Z

AI-Generated Summary

Purpose

The Protecting Our Produce Act (H.R. 7762) aims to support U.S. producers of certain seasonal and perishable crops by establishing a temporary pilot program. This program provides financial recovery payments when low market prices for these crops are caused by increased imports, helping to protect domestic agriculture from foreign competition.

Key Provisions

• Definitions:
• Effective price: The national average market price for a crop during its seasonal marketing window (the typical time frame for harvesting and selling in a specific U.S. region, ending no later than 4 weeks after harvest).
• Reference price: An average of national market prices over the past 5 marketing years, excluding the highest and lowest years.
• Seasonal and perishable crop: Limited to asparagus, bell peppers, blueberries, cucumbers, or squash that are sold raw (unprocessed) and typically marketed within 4 weeks of harvest.
• Pilot Program Establishment: Starting in the 2025 marketing year, the Secretary of Agriculture must create the program to offer annual payments to eligible producers in designated U.S. regions where these crops are grown and harvested seasonally. Payments are triggered if:
• The effective price falls below the reference price.
• The price drop is due to imports of the same crop.
• Eligibility Requirements:
• Producers must submit an application with required details.
• They must have an average adjusted gross income (AGI) under $5,000,000 over the prior 3 tax years.
• At least 75% of their AGI must come from farming, ranching, or forestry activities.
• Payment Calculation:
• Payment rate: The difference between the reference price and the effective price.
• Total payment: The payment rate multiplied by the producer's average production of the crop over the past 5 marketing years (excluding the highest and lowest production years).
• Duration and Funding:
• The program ends 5 years after enactment (sunset clause).
• Authorizes $200,000,000 annually for each fiscal year during the program's active period.

Significant Changes to Existing Law

This bill amends the Specialty Crops Competitiveness Act of 2004 (which promotes specialty crop research and marketing) by:

• Adding a new Title V dedicated to the pilot program.
• Rephrasing and reorganizing definitions (e.g., clarifying "Secretary" as the Secretary of Agriculture and renumbering terms like "specialty crop" and "state").

These changes introduce a new mechanism for direct financial aid tied to import impacts, which was not present in the original 2004 law.

Potential Impacts

• On Government Agencies: The U.S. Department of Agriculture (USDA) will need to administer the program, including determining regions, verifying import causation, processing applications, and calculating payments. This requires additional administrative resources and data collection on prices and production.
• On Citizens: Domestic producers of the specified crops may receive financial relief to offset losses from imports, potentially stabilizing their income and encouraging continued production. However, it could indirectly raise costs for consumers if it affects market dynamics or requires taxpayer funding.
• On International Relations: By subsidizing U.S. producers against import-driven price drops, the program could strain trade relations with exporting countries (e.g., those supplying these crops), potentially leading to disputes under international trade agreements like those enforced by the World Trade Organization (WTO), where such subsidies might be viewed as unfair trade barriers.

Main Stakeholders Affected

• Primary Beneficiaries: Producers (farmers) of asparagus, bell peppers, blueberries, cucumbers, or squash in eligible U.S. regions, particularly smaller operations meeting income thresholds.
• Government Entities: USDA, which implements and funds the program; Congress, which authorizes the budget.
• Other Affected Parties: Taxpayers funding the $200 million annual authorization; importers and foreign exporters of these crops, who may face reduced market access; and consumers reliant on affordable fresh produce.

Notable Legal, Constitutional, or Political Implications

• Legal: The program operates within Congress's constitutional authority under the Commerce Clause to regulate agriculture and interstate trade. However, linking payments to "import causation" may require USDA to develop clear evidentiary standards to avoid legal challenges over arbitrary determinations.
• Constitutional: No direct conflicts, but the income-based eligibility (AGI limits) aligns with existing farm bill provisions and could be scrutinized if seen as favoring certain producers unequally.
• Political: This legislation reflects ongoing debates over protecting U.S. agriculture from global competition, potentially appealing to rural constituencies and farm-state lawmakers. It may spark criticism for increasing federal spending or distorting free trade, influencing future farm policy and trade negotiations.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Bishop, Sanford D. [D-GA-2]

Recent Actions

• 2026-03-03: Referred to the House Committee on Agriculture.
• 2026-03-03: Introduced in House
• 2026-03-03: Introduced in House

Bill Versions

• Protecting Our Produce Act — issued 2026-03-03 — PDF (7 pages)