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7 U.S.C. § 9011 — Definitions

submitted 12 years ago by Pub. L. 113-79 to r/title-7-AGRICULTURE · 1,337 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section defines terms used in this subchapter and subchapter II, including the covered commodities, acreage and yield measures, insurance-like programs, producers, prices, and geographic terms. It also sets reference prices and describes how some prices change beginning in later crop years.

In this subchapter and subchapter II: (1) "Actual crop revenue" means the amount the Secretary determines under section 9017(b) for a covered commodity and crop year. (2) "Agriculture risk coverage" means coverage under section 9017. (3) "Agriculture risk coverage guarantee" means the section 9017(c) amount for a covered commodity and crop year. (4) "Base acres" means, for a covered commodity on a farm, the acres in effect under sections 8702 and 8751, as adjusted under sections 8711, 8718, and 8752 as of September 30, 2013, subject to section 9012 reallocations, adjustments, or reductions. It includes generic base acres planted to a covered commodity as determined under section 9014(b). (5) "County coverage" means agriculture risk coverage selected under section 9015(b)(1) at the county level. (6) "Covered commodity" means wheat, oats, barley (including for haying and grazing), corn, grain sorghum, long- and medium-grain rice, pulse crops, soybeans, other oilseeds, and peanuts. Starting with the 2018 crop year, it also includes seed cotton. (7) "Effective price" means the price the Secretary calculates under section 9016(b) to decide whether price-loss-coverage payments are required. (8) "Effective reference price" is the lower of 115 percent of the reference price and the greater of the reference price or, starting in crop year 2025, 88 percent of the average marketing-year average price for the latest five crop years after excluding the highest- and lowest-price years. (9) "Extra long staple cotton" is cotton from pure Barbadense varieties, their hybrids, or similar Secretary-designated types, with characteristics needed for uses unsuitable for U.S. upland cotton, grown in Secretary-designated irrigated U.S. regions or other suitable areas, and ginned on a roller gin or, if authorized for an experiment, another gin. (10) "Generic base acres" are cotton base acres under section 8702, adjusted under section 8711 as of September 30, 2013, subject to section 9012 adjustment or reduction. (11) "Individual coverage" means agriculture risk coverage selected under section 9015(b)(2) at the farm level. (12) "Medium grain rice" includes short-grain rice and temperate japonica rice. (13) "Other oilseed" means sunflower, rapeseed, canola, safflower, flaxseed, mustard, crambe, sesame, or another Secretary-designated oilseed. (14) "Payment acres" means the acres determined for a farm under section 9014 for price-loss-coverage and agriculture-risk-coverage payments. (15) "Payment yield" means either the yield used under section 8714 or 8754 as of September 30, 2013, or the yield established under section 9013. (16) "Price loss coverage" means coverage under section 9016. (17) "Producer" means an owner, operator, landlord, tenant, or sharecropper who shares the crop-production risk and is entitled to share in the crop available for marketing, or would have shared if it had been produced. For hybrid seed, the Secretary must ignore the existence of a hybrid-seed contract and ensure program rules do not harm the grower's ability to receive a payment. (18) "Pulse crop" means dry peas, lentils, small chickpeas, and large chickpeas. (19) Starting with crop year 2025, subject to (B) and (C), "reference price" means: wheat $6.35/bushel; corn $4.10/bushel; grain sorghum $4.40/bushel; barley $5.45/bushel; oats $2.65/bushel; long- and medium-grain rice $16.90/hundredweight; soybeans $10.00/bushel; other oilseeds $23.75/hundredweight; peanuts $630/ton; dry peas $13.10/hundredweight; lentils $23.75/hundredweight; small chickpeas $22.65/hundredweight; large chickpeas $25.65/hundredweight; and seed cotton $0.42/pound. Starting with crop year 2031, each such price equals the prior crop year's price multiplied by 1.005, but never exceeds 113 percent of the price listed above. (20) "Secretary" means the Secretary of Agriculture. (21) "Seed cotton" means unginned upland cotton containing lint and seed. (22) "State" means a State, the District of Columbia, Puerto Rico, or another U.S. territory or possession. (23) "Temperate japonica rice" means rice grown in high altitudes or cool temperate high-latitude regions of the Western United States, as the Secretary determines, for reallocating base acres under section 9012, establishing reference and effective prices under section 9016, and determining actual crop revenue and the agriculture risk coverage guarantee under section 9017. (24) "Transitional yield" has the meaning in section 1502(b). (25) Geographically, "United States" means all the States. (26) "United States Premium Factor" means the percentage by which the difference between U.S. loan-schedule premiums for Strict Middling 1⅛-inch upland cotton and Middling 1 3/32-inch upland cotton exceeds the difference between premiums for comparable international qualities.

the actual law source: uscode.house.gov ↗public domain

In this subchapter and subchapter II:

(1) Actual crop revenue

The term “actual crop revenue”, with respect to a covered commodity for a crop year, means the amount determined by the Secretary under section 9017(b) of this title.

(2) Agriculture risk coverage

The term “agriculture risk coverage” means coverage provided under section 9017 of this title.

(3) Agriculture risk coverage guarantee

The term “agriculture risk coverage guarantee”, with respect to a covered commodity for a crop year, means the amount determined by the Secretary under section 9017(c) of this title.

(4) Base acres
(A) In general

The term “base acres”, with respect to a covered commodity on a farm, means the number of acres in effect under sections 8702 and 8751 of this title, as adjusted pursuant to sections 8711, 8718, and 8752 of this title, as in effect on September 30, 2013, subject to any reallocation, adjustment, or reduction under section 9012 of this title.

(B) Inclusion of generic base acres

The term “base acres” includes any generic base acres planted to a covered commodity as determined in section 9014(b) of this title.

(5) County coverage

The term “county coverage” means agriculture risk coverage selected under section 9015(b)(1) of this title to be obtained at the county level.

(6) Covered commodity
(A) In general

The term “covered commodity” means wheat, oats, and barley (including wheat, oats, and barley used for haying and grazing), corn, grain sorghum, long grain rice, medium grain rice, pulse crops, soybeans, other oilseeds, and peanuts.

(B) Inclusion

Effective beginning with the 2018 crop year, the term “covered commodity” includes seed cotton.

(7) Effective price

The term “effective price”, with respect to a covered commodity for a crop year, means the price calculated by the Secretary under section 9016(b) of this title to determine whether price loss coverage payments are required to be provided for that crop year.

(8) Effective reference price

The term “effective reference price”, with respect to a covered commodity for a crop year, means the lesser of the following:

(A)

An amount equal to 115 percent of the reference price for such covered commodity.

(B)

An amount equal to the greater of—

(i)

the reference price for such covered commodity; or

(ii)

beginning with the crop year 2025, 88 percent of the average of the marketing year average price of the covered commodity for the most recent 5 crop years, excluding each of the crop years with the highest and lowest marketing year average price.

(9) Extra long staple cotton

The term “extra long staple cotton” means cotton that—

(A)

is produced from pure strain varieties of the Barbadense species or any hybrid of the species, or other similar types of extra long staple cotton, designated by the Secretary, having characteristics needed for various end uses for which United States upland cotton is not suitable and grown in irrigated cotton-growing regions of the United States designated by the Secretary or other areas designated by the Secretary as suitable for the production of the varieties or types; and

(B)

is ginned on a roller-type gin or, if authorized by the Secretary, ginned on another type gin for experimental purposes.

(10) Generic base acres

The term “generic base acres” means the number of base acres for cotton in effect under section 8702 of this title, as adjusted pursuant to section 8711 of this title, as in effect on September 30, 2013, subject to any adjustment or reduction under section 9012 of this title.

(11) Individual coverage

The term “individual coverage” means agriculture risk coverage selected under section 9015(b)(2) of this title to be obtained at the farm level.

(12) Medium grain rice

The term “medium grain rice” includes short grain rice and temperate japonica rice.

(13) Other oilseed

The term “other oilseed” means a crop of sunflower seed, rapeseed, canola, safflower, flaxseed, mustard seed, crambe, sesame seed, or any oilseed designated by the Secretary.

(14) Payment acres

The term “payment acres”, with respect to the provision of price loss coverage payments and agriculture risk coverage payments, means the number of acres determined for a farm under section 9014 of this title.

(15) Payment yield

The term “payment yield”, for a farm for a covered commodity—

(A)

means the yield used to make payments pursuant to section 8714 or 8754 of this title, as in effect on September 30, 2013; or

(B)

means the yield established under section 9013 of this title.

(16) Price loss coverage

The term “price loss coverage” means coverage provided under section 9016 of this title.

(17) Producer
(A) In general

The term “producer” means an owner, operator, landlord, tenant, or sharecropper that shares in the risk of producing a crop and is entitled to share in the crop available for marketing from the farm, or would have shared had the crop been produced.

(B) Hybrid seed

In determining whether a grower of hybrid seed is a producer, the Secretary shall—

(i)

not take into consideration the existence of a hybrid seed contract; and

(ii)

ensure that program requirements do not adversely affect the ability of the grower to receive a payment under this chapter.

(18) Pulse crop

The term “pulse crop” means dry peas, lentils, small chickpeas, and large chickpeas.

(19) Reference price
(A) In general

Effective beginning with the 2025 crop year, subject to subparagraphs (B) and (C), the term “reference price”, with respect to a covered commodity for a crop year, means the following:

(i)

For wheat, $6.35 per bushel.

(ii)

For corn, $4.10 per bushel.

(iii)

For grain sorghum, $4.40 per bushel.

(iv)

For barley, $5.45 per bushel.

(v)

For oats, $2.65 per bushel.

(vi)

For long grain rice, $16.90 per hundredweight.

(vii)

For medium grain rice, $16.90 per hundredweight.

(viii)

For soybeans, $10.00 per bushel.

(ix)

For other oilseeds, $23.75 per hundredweight.

(x)

For peanuts, $630.00 per ton.

(xi)

For dry peas, $13.10 per hundredweight.

(xii)

For lentils, $23.75 per hundredweight.

(xiii)

For small chickpeas, $22.65 per hundredweight.

(xiv)

For large chickpeas, $25.65 per hundredweight.

(xv)

For seed cotton, $0.42 per pound.

(B) Effectiveness

Effective beginning with the 2031 crop year, the reference prices defined in subparagraph (A) with respect to a covered commodity shall equal the reference price in the previous crop year multiplied by 1.005.

(C) Limitation

In no case shall a reference price for a covered commodity exceed 113 percent of the reference price for such covered commodity listed in subparagraph (A).

(20) Secretary

The term “Secretary” means the Secretary of Agriculture.

(21) Seed cotton

The term “seed cotton” means unginned upland cotton that includes both lint and seed.

(22) State

The term “State” means—

(A)

a State;

(B)

the District of Columbia;

(C)

the Commonwealth of Puerto Rico; and

(D)

any other territory or possession of the United States.

(23) Temperate japonica rice

The term “temperate japonica rice” means rice that is grown in high altitudes or temperate regions of high latitudes with cooler climate conditions, in the Western United States, as determined by the Secretary, for the purpose of—

(A)

the reallocation of base acres under section 9012 of this title;

(B)

the establishment of a reference price (as required under section 9016(g) of this title) and an effective price pursuant to section 9016 of this title; and

(C)

the determination of the actual crop revenue and agriculture risk coverage guarantee pursuant to section 9017 of this title.

(24) Transitional yield

The term “transitional yield” has the meaning given the term in section 1502(b) of this title.

(25) United States

The term “United States”, when used in a geographical sense, means all of the States.

(26) United States Premium Factor

The term “United States Premium Factor” means the percentage by which the difference in the United States loan schedule premiums for Strict Middling (SM) 1⅛-inch upland cotton and for Middling (M) 13⁄32-inch upland cotton exceeds the difference in the applicable premiums for comparable international qualities.

Source credit: (Pub. L. 113–79, title I, § 1111, Feb. 7, 2014, 128 Stat. 659; Pub. L. 115–123, div. F, § 60101(a)(1)–(3), Feb. 9, 2018, 132 Stat. 308; Pub. L. 115–334, title I, § 1101, Dec. 20, 2018, 132 Stat. 4500; Pub. L. 119–21, title I, § 10301, July 4, 2025, 139 Stat. 86.)

history & why it existsrecord from the source credit
  • 2014Enacted · Pub. L. 113-79 · 128 Stat. 659
  • 2018Amended · Pub. L. 115-123 · 132 Stat. 308
  • 2018Amended · Pub. L. 115-334 · 132 Stat. 4500
  • 2025Amended · Pub. L. 119-21 · 139 Stat. 86

A history note hasn’t been published yet. The record shows enactment by Pub. L. 113-79 on 2014-02-07.

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