7 U.S.C. § 8717 — Planting flexibility

(a) Subject to subsection (b), any commodity or crop may be planted on a farm’s base acres. (b)(1) Fruits, covered vegetables, and wild rice may not be planted unless destroyed before harvest. (2) Such a commodity grown on a tree or other perennial plant may not be planted on base acres. (3) The covered commodities are (A) fruits, (B) vegetables other than mung beans and pulse crops, and (C) wild rice. (c) These limits do not restrict planting (1) in a region with a Secretary-determined history of double-cropping covered commodities with these commodities; (2) on a farm with a Secretary-determined history of planting them, but direct and counter-cyclical payments are reduced by one acre for each acre planted; or (3) by producers with an established history for a specific one, if planted acres do not exceed the average annual acreage planted in 1991–1995 or 1998–2001, excluding years with no planting, and payments are reduced one acre for each acre planted. (d)(1) Despite (b)(1)–(2), the Secretary must run a 2009–2012 pilot allowing cucumbers, green peas, lima beans, pumpkins, snap beans, sweet corn, and processing tomatoes on base acres. (2) Eligible annual acres are 9,000 in Illinois, 9,000 Indiana, 1,000 Iowa, 9,000 Michigan, 34,000 Minnesota, 4,000 Ohio, and 9,000 Wisconsin. (3) To be selected, producers must (A) show a processing contract, (B) agree to grow the crop in rotation for agronomic and pest or disease benefits, and (C) show what happened to the crop. (4) Base acres fall one acre per pilot acre planted. (5) That reduction ends after the crop year. (6)(A) If the Secretary recalculates base acres while the farm is in the pilot, pilot planting and production subject to temporary reduction count like covered-commodity planting and production. (B) This does not authorize recalculation. (7)(A) The Secretary must periodically evaluate effects on the supply and price of fresh and processing fruits and vegetables. (B) The evaluation must determine whether fresh-produce producers are harmed and whether existing production capacity is replaced. (C) As soon as practicable, the Secretary must report results to the House Agriculture Committee and Senate Agriculture, Nutrition, and Forestry Committee.