7 U.S.C. § 8756 — Planting flexibility

(a) Permitted crops. Subject to (b), producers may plant any commodity or crop on a farm's peanut base acres. (b) Limitations regarding certain commodities. (1) Growing a commodity listed in (3) on peanut base acres is banned unless it is destroyed before harvest. (2) Growing a listed commodity that comes from a tree or other perennial plant is banned outright — it cannot even be destroyed before harvest as an exception. (3) The covered commodities are: (A) fruits; (B) vegetables, except mung beans and pulse crops; and (C) wild rice. (c) Exceptions. The bans in (b)(1) and (2) do not apply: (1) in a region with a history of double-cropping peanuts with these commodities, as the Secretary determines — double-cropping is allowed there; (2) on a farm the Secretary determines has a history of planting these commodities on peanut base acres, except direct and counter-cyclical payments are cut by one acre for every acre planted with the commodity; or (3) for producers on a farm the Secretary determines has an established planting history of a specific listed commodity, except (A) the amount planted cannot exceed the farm's average annual planting during 1991–1995 or 1998–2001 (skipping years with no plantings), as the Secretary determines, and (B) direct and counter-cyclical payments are still cut by one acre for every acre planted.