Farm for America Act
The Farm for America Act strengthens the integrity of America’s agricultural workforce while ensuring farmers and ranchers maintain access to critical resources like red diesel fuel through compliance with workforce verification standards.
Key Provisions
Workforce Compliance: All farms and ranches employing workers must register annually with their county, providing a workforce list and documentation verifying employees’ legal authorization to work in the U.S. County agricultural offices verify documentation and issue a Farm Workforce Compliance Certificate upon successful validation.
Conditional Red Diesel Eligibility: Eligibility to purchase and use red diesel, an agricultural fuel tax benefit, is tied to holding a valid Farm Workforce Compliance Certificate. Certificates must be renewed annually, and farms found non-compliant lose eligibility until violations are resolved.
Penalties for Non-Compliance: Farms employing unauthorized workers or failing to register face fines up to $10,000 per unregistered worker and suspension of red diesel eligibility (1 year for the first offense, 5 years for repeat offenses). Submitting fraudulent documentation incurs criminal penalties, including fines and imprisonment.
Worker Protections: Workers identified as ineligible are granted a 30-day grace period to contest documentation errors or obtain proper authorization. Farms complying with the Act are shielded from additional penalties or investigations related to workforce status.
Model Language
Section 1. Short Title: This Act shall be known as the “Farm for America Act.”
Section 2. Purpose: The purpose of this Act is to protect Americans’ right to farm and ranch by ensuring that all farmworkers are legally authorized to work in the United States. The Act establishes a registration and verification process to promote compliance and ties eligibility for agricultural fuel tax benefits, such as the use of red diesel, to compliance with workforce requirements.
Section 3. Registration and Verification Requirements
(a) Farm Workforce Registration:
All farms and ranches employing workers must register annually with the county where they operate.
Registration must include:
A list of all employees working on the farm or ranch.
Documentary proof of each worker’s U.S. citizenship or legal authorization to work in the United States, such as a passport, Social Security card, permanent resident card, or work visa.
(b) County Certification: County agricultural offices shall verify the documentation provided by farm employers. Upon successful verification, the county shall issue a Farm Workforce Compliance Certificate to the farm or ranch.
Section 4. Red Diesel Eligibility
(a) Conditional Fuel Tax Benefit: Farmers and ranchers shall only be eligible to purchase and use red diesel (diesel fuel exempt from certain taxes for agricultural use) upon presenting a valid Farm Workforce Compliance Certificate.
(b) Certificate Renewal: Compliance certificates must be renewed annually to maintain eligibility for red diesel. Farms found in violation of workforce requirements shall have their certificates revoked until full compliance is achieved.
Section 5. Penalties for Non-Compliance
(a) Farmers and Ranchers: Farms employing unauthorized workers without registering and verifying their workforce shall face penalties, including:
Fines of up to [$10,000] per unregistered worker.
Suspension of red diesel eligibility for [1 year] upon the first violation, and [5 years] for repeat violations.
(b) False Documentation: Employers or workers submitting fraudulent documentation shall be subject to criminal penalties, including fines and imprisonment as determined by state law.
Section 6. County Oversight and Reporting
(a) County Agricultural Office Responsibilities:
Maintain records of all farm workforce registrations and compliance certificates.
Conduct random audits to ensure continued compliance with workforce requirements.
(b) Annual Reporting:
County offices shall submit an annual report to the state Department of Agriculture summarizing:
The number of registered farms and workers verified.
Violations and enforcement actions taken.
Section 7. Protections for Farmers and Workers
(a) Farms complying with this Act shall not face additional penalties or investigations related to their workforce status.
(b) Workers determined to be ineligible shall be allowed a [30-day grace period] to contest documentation errors or seek proper authorization.
Section 8. Severability: If any provision of this Act is found unconstitutional or invalid, the remaining provisions shall not be affected.
Section 9. Effective Date: This Act shall take effect on [date].