7 U.S.C. § 7956 — Planting flexibility
submitted 24 years ago by Pub. L. 107-171 to r/title-7-AGRICULTURE · 325 words · no verdicts yet
Farmers may generally plant any crop on peanut base acres. Fruits, most vegetables, wild rice, and covered commodities produced on trees or other perennial plants are restricted; tree and perennial crops are prohibited without a destruction exception. The section provides specified history-based exceptions, some with payment reductions.
(a) General rule. Subject to (b), a farmer can plant any commodity or crop on the farm's peanut base acres.
(b) Restricted crops. (1) The commodities listed in (3) cannot be planted on peanut base acres unless they're destroyed before harvest. (2) Commodities from (3) that grow on trees or other perennial plants cannot be planted on peanut base acres at all — even if later destroyed. (3) These restricted commodities are: (A) fruits; (B) vegetables, except lentils, mung beans, and dry peas; and (C) wild rice.
(c) Exceptions to the restriction. The restrictions in (b)(1) and (2) don't apply in three situations: (1) in a region with a history of double-cropping peanuts together with these restricted commodities, as the Secretary* determines — there, double-cropping is allowed; (2) on a farm the Secretary finds has a history of planting these commodities on its peanut base acres — but there, direct and counter-cyclical payments are cut by one acre for every acre planted with the restricted commodity; or (3) for producers on a farm the Secretary finds has an established history of planting a specific one of these commodities — but (A) they can't plant more than their average yearly planting amount from 1991-1995 or 1998-2001 (excluding years with no plantings), and (B) again, payments are cut by one acre for every acre planted.
Subject to subsection (b), any commodity or crop may be planted on the base acres for peanuts* on a farm.
The planting of an agricultural commodity specified in paragraph (2) shall be prohibited on base acres for peanuts unless the commodity, if planted, is destroyed before harvest.
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 for peanuts.
Paragraphs (1) and (2) apply to the following agricultural commodities:
Fruits.
Vegetables (other than lentils, mung beans, and dry peas).
Wild rice.
Paragraphs (1) and (2) of subsection (b) shall not limit the planting of an agricultural commodity specified in paragraph (3) of that subsection—
in any region in which there is a history of double-cropping of peanuts with agricultural commodities specified in subsection (b)(3), as determined by the Secretary*, in which case the double-cropping shall be permitted;
on a farm that the Secretary determines has a history of planting agricultural commodities specified in subsection (b)(3) on the base acres for peanuts, except that direct payments and counter-cyclical payments shall be reduced by an acre for each acre planted to such an agricultural commodity; or
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—
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
direct payments and counter-cyclical payments shall be reduced by an acre for each acre planted to such agricultural commodity.
Source credit: (Pub. L. 107–171, title I, § 1306, May 13, 2002, 116 Stat. 174.)
- 2002Enacted · Pub. L. 107-171 · 116 Stat. 174
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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