7 U.S.C. § 9015 — Producer election

submitted 12 years ago by Pub. L. 113-79 to r/title-7-AGRICULTURE · 742 words · no verdicts yet

in plain englishAI-generated · not legal advice

Farmers must pick, once and for good, whether their farm gets price loss coverage or agriculture risk coverage payments. If everyone on the farm can't agree, the farm gets no payment that year and defaults to whatever it had before. Farmers can later switch this choice, and can also choose between county-wide or individual coverage.

(a) Making the choice. For the 2014 through 2018 crop years (with an exception in subsection (g)), and for 2019 through 2031 (subject to subsection (h)), every producer on a farm together must make one binding, unchangeable choice between: (1) price loss coverage, chosen separately for each covered commodity, or (2) agriculture risk coverage. (b) Coverage type. Producers who pick agriculture risk coverage must also unanimously choose whether payments are based on: (1) "county coverage" — figured separately for each covered commodity — or (2) "individual coverage" — applied to every covered commodity on the farm together. (c) If producers can't agree. If all producers on a farm fail to unanimously choose for the 2014, 2019, or 2026 crop year (whichever applies): (1) the Secretary pays nothing for that farm that year; and (2) the farm is treated as if it chose, for later years, whatever coverage applied to it before — price loss coverage for 2015–2018, the same coverage as 2015–2018 carried forward to 2020–2023, and the same coverage as 2025 carried forward to 2027–2031. (d) Effect of county coverage. If producers choose county coverage for a commodity, the Secretary cannot also pay price loss coverage for that same commodity on that farm. (e) Effect of individual coverage. If producers choose individual coverage, the Secretary must count, for certain calculations in section 9017, the producer's share across every farm in the same state where that producer has an interest and where individual coverage was also chosen. (f) No gaming the system. The Secretary must prevent producers from re-splitting or recombining ("reconstituting") a farm just to dodge or change their election. (g) Special seed cotton election. For the 2018 crop year, producers on a farm with acres allocated to seed cotton got one more chance to make a new choice under subsection (a), reflecting that seed cotton newly became a covered commodity that year. If they couldn't agree unanimously, the farm is treated as having chosen price loss coverage for its seed cotton acres. (h) Changing the choice later. Starting with the 2021 crop year and every year after, producers on a farm may change their earlier choice — between price loss coverage and agriculture risk coverage — for any future crop year. Once changed, that new choice applies to the year it's made and every year after, until changed again. (i) Special rule for 2025. For the 2025 crop year only, the Secretary must pay farms whichever is higher: price loss coverage payments, or agriculture risk coverage county-coverage payments — figured separately for each covered commodity.

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

(a) Election required

For the 2014 through 2018 crop years (except as provided in subsection (g)) and for the 2019 through 2031 crop years (subject to subsection (h)), all of the producers on a farm shall make a 1-time, irrevocable election to obtain—

(1)

price loss coverage under section 9016 of this title on a covered commodity-by-covered-commodity basis; or

(2)

agriculture risk coverage under section 9017 of this title.

(b) Coverage options

In the election under subsection (a) or (h), as applicable, the producers on a farm that elect to obtain agriculture risk coverage shall unanimously select whether to receive agriculture risk coverage payments based on—

(1)

county coverage applicable on a covered commodity-by-covered-commodity basis; or

(2)

individual coverage applicable to all of the covered commodities on the farm.

If all the producers on a farm fail to make a unanimous election under subsection (a) for the 2014 crop year, the 2019 crop year, or the 2026 crop year, as applicable—

(1)

the Secretary shall not make any payments with respect to the farm for the 2014 crop year, the 2019 crop year, or the 2026 crop year, as applicable, under section 9016 or 9017 of this title; and

(2)

subject to subsection (h), the producers on the farm shall be deemed to have elected, as applicable—

(A)

price loss coverage for all covered commodities on the farm for the 2015 through 2018 crop years;

(B)

the same coverage for each covered commodity on the farm for the 2020 through 2023 crop years as was applicable for the 2015 through 2018 crop years; and

(C)

the same coverage for each covered commodity on the farm for the 2027 through 2031 crop years as was applicable for the 2025 crop year.

(d) Effect of selection of county coverage

If all the producers on a farm select county coverage for a covered commodity under subsection (b)(1), the Secretary may not make price loss coverage payments under section 9016 of this title to the producers on the farm with respect to that covered commodity.

(e) Effect of selection of individual coverage

If all the producers on a farm select individual coverage under subsection (b)(2), in addition to the selection and election under this section applying to each producer on the farm, the Secretary shall consider, for purposes of making the calculations required by subsections (b)(2) and (c)(3) of section 9017 of this title, the producer’s share of all farms in the same State—

(1)

in which the producer has an interest; and

(2)

for which individual coverage has been selected.

(f) Prohibition on reconstitution

The Secretary shall ensure that producers on a farm do not reconstitute the farm to void or change an election or selection made under this section.

(g) Special election

(1) In general

In the case of acres allocated to seed cotton on a farm, for the 2018 crop year, all of the producers on the farm shall be given the opportunity to make a new 1-time election under subsection (a) to reflect the designation of seed cotton as a covered commodity for that crop year under section 9011(6)(B) of this title.

(2) Effect of failure to make unanimous election

If all the producers on a farm fail to make a unanimous election under paragraph (1), the producers on the farm shall be deemed to have elected price loss coverage under section 9016 of this title for acres allocated on the farm to seed cotton.

(h) Option to change election

(1) In general

For the 2021 crop year and each crop year thereafter, all of the producers on a farm may change the election under subsection (a), subsection (c), or this subsection, as applicable, to price loss coverage or agriculture risk coverage, as applicable.

(2) Applicability

An election change under paragraph (1) shall apply to—

(A)

the crop year for which the election change is made; and

(B)

each crop year thereafter until another election change is made under that paragraph.

(i) Higher of price loss coverage payments and agriculture risk coverage payments

For the 2025 crop year, the Secretary shall, on a covered commodity-by-covered commodity basis, make the higher of price loss coverage payments under section 9016 of this title and agriculture risk coverage county coverage payments under section 9017 of this title to the producers on a farm for the payment acres for each covered commodity on the farm.

Source credit: (Pub. L. 113–79, title I, § 1115, Feb. 7, 2014, 128 Stat. 667; Pub. L. 115–123, div. F, § 60101(a)(7), Feb. 9, 2018, 132 Stat. 309; Pub. L. 115–334, title I, § 1105, Dec. 20, 2018, 132 Stat. 4503; Pub. L. 119–21, title I, § 10303(a), July 4, 2025, 139 Stat. 89.)

history & why it existsrecord from the source credit

2014Enacted · Pub. L. 113-79 · 128 Stat. 667
2018Amended · Pub. L. 115-123 · 132 Stat. 309
2018Amended · Pub. L. 115-334 · 132 Stat. 4503
2025Amended · Pub. L. 119-21 · 139 Stat. 89

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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