DELAWARE STATE SENATE

153rd GENERAL ASSEMBLY

SENATE BILL NO. 53

AN ACT TO AMEND TITLE 3 OF THE DELAWARE CODE RELATING TO THE DELAWARE FARM TO COMMUNITY PROGRAM.

WHEREAS, the Farm to Community Program was launched in 2023 using funds from the Local Food Purchase Assistance (LFPA) program established by the United States Department of Agriculture (USDA); and

WHEREAS, the Delaware Farm and Food Council (Council), formerly known as the Delaware Council on Farm and Food Policy, created the Program to provide additional market outlets for Delaware and regional producers, as well as to provide fresh and nutritious local food products to underserved communities throughout Delaware; and

WHEREAS, through the Farm to Community Program, community outlets like food pantries, community-based organizations, faith-based institutions, and senior centers use funds to procure a variety of fresh, seasonal farm products from local producers and distribute these food products to Delaware communities through food closets, congregate meal sites, community centers, community refrigerators, shelters, and home deliveries, and as part of Food is Medicine initiative and

WHEREAS, after 2 1/2 growing seasons, the Farm to Community Program has grown from 2 community outlets and a few farmers to 9 community outlets, 31 farmers, and 105 food distribution sites in New Castle, Kent, and Sussex counties, with more than $1,000,000 worth of local food products distributed to Delaware communities; and

WHEREAS, the tangible outcomes of the Farm to Community Program show that this model is effective to stimulate local food production, procurement, aggregation, and transporting, and to expand the distribution capacity for providing healthy, seasonal food options to Delawareans in urban and rural communities, including the most vulnerable populations; and

WHEREAS, individuals, communities, and governments are facing increasing challenges and disruptions to local food systems; and

WHEREAS, strengthening local supply chains means being better prepared for emergencies and better equipped to ensure that Delawareans can always access food even when systems shift; and

WHEREAS, after the USDA abruptly canceled its “LFPA 2025” program, eliminating funding to all participating states and jeopardizing the security and sustainability of the Farm to Community Program; and

WHEREAS, codifying the Farm to Community Program ensures continuity and the opportunity for the State to build direct relationships between farms and communities, promote stability and strengthen the local food system infrastructure, facilitate public-private partnerships, and direct resources to address food gaps and optimize local food supply chains.

NOW, THEREFORE:

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Part I, Title 3 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

Chapter 3A. Delaware Farm to Community Program

§ 301A. Purpose.

The Delaware Farm to Community Program’s purpose is to do all of the following:

(1) Codify the Farm to Community Program.

(2) Continue to implement the Farm to Community Program’s effective model.

(3) Extend the purchasing power of community outlets to procure and distribute local food products.

(4) Stimulate increased food production by adding market demand and predictability for Delaware farmers.

(5) Expand the availability of healthy and seasonal foods by adding food transportation and site distribution capacity.

(6) Ultimately build resilience across Delaware’s food system.

§ 302A. Definitions.

As used in this chapter:

(1) “Community outlet” means a business entity, organization, or institution that operates a food distribution program in this State and is equipped to procure, source, store, and distribute the local food products, value-added products, or both, in this State.

(2) “Department” means the Delaware Department of Agriculture.

(3) “Farmer” means an individual or business entity that produces, sells, donates, or transports local food products.

(4) “Food distribution site” means a physical location in this State where local food products are available at no cost to consumers. “Food distribution site” includes, a food pantry, food closet within a faith-based institution, community-based organization, congregate meal site, community center, senior center, community refrigerator, shelter, school, childcare facility, or facility participating as part of a Food is Medicine initiative.

(5) “Local food products” means value-added products and fresh or lightly processed fruits, vegetables, meat, dairy, and eggs that are produced, by a farmer or processor, in 1 or more of the following states:

a. Delaware.

b. Maryland.

c. New Jersey.

d. Pennsylvania.

e. Virginia.

(6) “LFPA program” means the United States Department of Agriculture’s Local Food Purchase Assistance Cooperative Agreement program established in 2022.

(7) “Processor” means a business entity that operates machinery or equipment to perform manual tasks to wash, cut, measure, mix, cook, preserve through processes like canning or smoking, butcher, package, or transform raw ingredients into consumable food products that are derived from local food products.

(8) “Program” means the Delaware Farm to Community Program established in this chapter.

(9) “Value-added products” means raw agricultural commodities that have been processed, packaged, or marketed uniquely to increase the market value, extend shelf life, and improve consumer appeal. “Value-added products” include raw ingredients converted into jams, cheeses, sausages, or pre-cut vegetables.

§ 303A. Delaware Farm to Community Program; Establishment; Administration.

(a) Subject to funding as provided in § 306A of this title, the Department, in coordination with the Delaware Farm and Food Council, shall establish and administer the Delaware Farm to Community Program to carry out the purpose established under § 301A of this title.

(b) In administering the Program, the Department shall coordinate with the Delaware Farm and Food Council to do all of the following:

(1) Establish requirements for all of the following:

a. Participating in the Program.

b. Applying for, receiving, and using Program funds, including prioritizing procuring local food products from farmers and processors located in Delaware.

c. Reporting on the use of the funds, including a breakdown of expenses.

(2) Evaluate community outlets to determine if the community outlets are eligible to participate in the Program.

(3) Facilitate communication and contact between community outlets and farmers.

(4) Ensure Program participants comply with state and federal food safety standards, including by providing technical assistance or by facilitating access to resources for technical assistance.

(5) Establish reporting requirements for community outlets participating in the Program.

(c) To implement the Program, the Department may do any of the following:

(1) Enter into cooperative agreements, contracts, or subawards with community outlets to carry out the procurement, aggregation, storage, and distribution of local food products.

(2) Grant funds to community outlets with an active program agreement under § 304A(b)(1) of this title to do 1 or more of the following:

a. Procure local food products from farmers, processors, or both, and distribute the local food products in this State through 1 or more food distribution sites, delivery to residences, or both. The local food products may be gleaned as part of a second or third harvest and made for sale, discounted sale, or donation to a community outlet.

b. Offer an increased payment, at a fixed rate, to a farmer that will pick up and transport local food products from 1 or more farms not operated by the farmer and deliver the local food products to 1 or more food distribution sites or community outlets participating in the Program.

(3) Collaborate with agricultural organizations, other state agencies, and nonstate entities to promote and advance the Program.

(4) Coordinate with other state agencies to do any of the following:

a. Disburse funds to eligible community outlets.

b. Ensure that community outlets participating in the Program comply with the requirements of the Program.

c. Annually review funding allocations made and reports submitted under this chapter.

(5) Adopt rules and regulations to implement this chapter.

§ 304A. Eligibility; Program agreement.

(a) If a community outlet is interested in participating in the Program, the Department shall coordinate with the Delaware Farm and Food Council to determine the community outlet’s eligibility to participate in the Program by doing all of the following:

(1) Conducting a pre-approval site visit with the community outlet to assess and gather information about all of the following:

a. Physical location and capacity to safely handle fresh or frozen products that may require adherence to specific storage and handling standards.

b. Administrative capability to procure, store, and distribute local food products.

c. Procedures related to the food distribution program administered by the community outlet.

d. Volume of food or meals handled or distributed as part of the food distribution program administered by the community outlet.

(2) Verifying the population served by the community outlet and the extent to which the community outlet provides services to underserved populations.

(b)(1) If a community outlet is determined to be eligible to participate in the Program, the Department shall coordinate with the Delaware Farm and Food Council to e nter into a program agreement with the community outlet that defines the terms and conditions for participating in the Program. To participate in the Program, a community outlet must have an active program agreement under this paragraph (b)(1).

(2) The Department may share a program agreement entered into under paragraph (b)(1) of this section with other state agencies, as provided by § 303A(c)(4) of this title.

§ 305A. Allocation and use of funds; Subcontracts and subawards.

(a)(1) A community outlet must use funds granted under this chapter only for 1 or more of the following purposes:

a. To procure local food products. A community outlet may procure local food products from a farmer or processor located in Maryland, New Jersey, Pennsylvania, or Virginia, only if at least 1 of the following conditions apply:

1. The funds are first used to procure local food products from farmers, processors, or both, located in this State.

2. The type or quantity of local food products is not available or accessible from a farmer or processor located in this State.

b. To distribute the local food products in this State.

(2) A community outlet may use no more than 10% of the funds for incremental overhead costs, including administrative costs, transportation or delivery fees, supplies, and payment of staff or subcontractors to carry out work under a program agreement entered into under § 304A(b)(1) of this title.

(b) Subject to the Department’s regulations, a community outlet may enter into subcontracts and provide subawards to partner or collaborate with an individual or entity to implement a program agreement entered into under § 304A(b)(1) of this title.

§ 306A. Funding.

(a) The General Assembly may make appropriations to the Department to implement and administer the Program. In addition to state appropriations, the Department may do 1 or more of the following to implement and administer the Program:

(1) Accept federal moneys, foundation grants, private donations, and corporate partnerships.

(2) Use funds designated for the Farm to Community Program.

(b) If the United States Department of Agriculture resumes the LFPA program, or establishes a new local food purchase assistance program, the Department shall coordinate with the Delaware Farm and Food Council to secure funding from the LFPA program, or the new local food purchase assistance program, to help implement the Program.

§ 307A. Program reporting.

For each growing season that the Program is implemented, the Department, in coordination with the Delaware Farm and Food Council, shall make information about the Program’s output publicly available, including all of the following:

(1) The total community outlets participating in the Program .

(2) The total farmers participating in the Program.

(3) The total food distribution sites receiving local food products procured as part of the Program.

(4) The total dollar value of local food products procured as part of the Program.

(5) Geographic location of food distribution sites receiving local food products as part of the Program.

SYNOPSIS

This Act codifies the Delaware Farm and Food Council’s Farm to Community Program as a state-led initiative called the Delaware Farm to Community Program. The Farm to Community Program launched in 2023 under the United States Department of Agriculture’s (USDA) Local Food Purchase Assistance Cooperative Agreement (LFPA). In 2 ½ growing seasons, the Farm to Community Program has effectively expanded the purchasing power of community outlets to procure local food products from local farmers and distribute the food products to individuals in need or facing food insecurity in Delaware’s urban and rural communities. Through this model, currently, 31 local farmers supply more than 100 varieties of fruits, vegetables, meats, and dairy products to 9 community outlets that serve 105 food distribution sites. The USDA canceled LFPA funding in 2025. Codifying the Farm to Community Program ensures continuity, strengthens Delaware’s food system infrastructure, increases availability of fresh and healthy seasonal foods, and increases the economic viability of local farmers, particularly small and medium-scale farmers.

Author: Senator Hocker