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7 U.S.C. § 7916Planting flexibility

submitted 24 years ago by Pub. L. 107-171 to r/title-7-AGRICULTURE · 443 words · no verdicts yet

in plain englishAI-generated · not legal advice

Farmers can generally plant any crop on their base acres. But fruits, vegetables (except lentils, mung beans, and dry peas), and wild rice are barred from base acres unless destroyed before harvest, with narrow exceptions for farms and regions with a planting history. A special rule lets 2002 excess base acres grow these crops too, with a payment penalty.

(a) Permitted crops. Except as subsection (b) limits, a farmer may plant any commodity or crop on a farm's base acres. (b) Limitations regarding certain commodities. Fruits, vegetables (other than lentils, mung beans, and dry peas), and wild rice cannot be planted on base acres unless they're destroyed before harvest. These crops also can't be grown on base acres if they come from a tree or other perennial plant. (c) Exceptions. Those bans don't apply in three situations. First, in a region with a history of double-cropping covered commodities together with these restricted crops, as the Secretary determines — double-cropping is allowed there. Second, on a farm the Secretary finds has a history of planting these restricted crops on base acres — but then direct and counter-cyclical payments are cut by one acre for every acre planted to the restricted crop. Third, for producers on a farm the Secretary finds has an established planting history of one specific restricted crop — but the amount planted can't exceed the farm's average annual planting of that crop in 1991–1995 or 1998–2001 (skipping years nothing was planted), and again, payments are cut by one acre for every acre planted. (d) Special rule for 2002 crop year. For 2002 only, if a farm's base acres (as calculated under section 7911(a)) come out higher than the contract acreage used to figure its fiscal year 2002 payment, the restricted-crop ban doesn't apply to harvesting these crops on that extra "excess" acreage — but direct and counter-cyclical payments for 2002 are still cut by one acre for every acre of excess base acres planted to a restricted crop.
the actual law source: uscode.house.gov ↗public domain
(a) Permitted crops

Subject to subsection (b), any commodity or crop may be planted on base acres on a farm.

(b) Limitations regarding certain commodities
(1) General limitation

The planting of an agricultural commodity specified in paragraph (3) shall be prohibited on base acres unless the commodity, if planted, is destroyed before harvest.

(2) Treatment of trees and other perennials

The planting of an agricultural commodity specified in paragraph (3) that is produced on a tree or other perennial plant shall be prohibited on base acres.

(3) Covered agricultural commodities

Paragraphs (1) and (2) apply to the following agricultural commodities:

(A)

Fruits.

(B)

Vegetables (other than lentils, mung beans, and dry peas).

(C)

Wild rice.

(c) Exceptions

Paragraphs (1) and (2) of subsection (b) shall not limit the planting of an agricultural commodity specified in paragraph (3) of that subsection—

(1)

in any region in which there is a history of double-cropping of covered commodities with agricultural commodities specified in subsection (b)(3), as determined by the Secretary, in which case the double-cropping shall be permitted;

(2)

on a farm that the Secretary determines has a history of planting agricultural commodities specified in subsection (b)(3) on base acres, except that direct payments and counter-cyclical payments shall be reduced by an acre for each acre planted to such an agricultural commodity; or

(3)

by the producers on a farm that the Secretary determines has an established planting history of a specific agricultural commodity specified in subsection (b)(3), except that—

(A)

the quantity planted may not exceed the average annual planting history of such agricultural commodity by the producers on the farm in the 1991 through 1995 or 1998 through 2001 crop years (excluding any crop year in which no plantings were made), as determined by the Secretary; and

(B)

direct payments and counter-cyclical payments shall be reduced by an acre for each acre planted to such agricultural commodity.

(d) Special rule for 2002 crop year

For the 2002 crop year only, if the calculation of base acres under section 7911(a) of this title results in total base acres for a farm in excess of the contract acreage (as defined in section 7202 of this title) for the farm used to calculate the fiscal year 2002 payment authorized under section 7214 of this title, paragraphs (1) and (2) of subsection (b) shall not limit the harvesting of an agricultural commodity specified in paragraph (3) of that subsection on the excess base acres, except that direct payments and counter-cyclical payments for the 2002 crop year shall be reduced by an acre for each acre of the excess base acres planted to such an agricultural commodity.

Source credit: (Pub. L. 107–171, title I, § 1106, May 13, 2002, 116 Stat. 153.)

history & why it existsrecord from the source credit
  • 2002Enacted · Pub. L. 107-171 · 116 Stat. 153

A history note hasn’t been published yet. The record shows enactment by Pub. L. 107-171 on 2002-05-13.

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