Title 7 — AgricultureRelease 119-73

§7216 Violations of contract

Title 7 › Chapter CHAPTER 100— - AGRICULTURAL MARKET TRANSITION › Subchapter SUBCHAPTER II— - PRODUCTION FLEXIBILITY CONTRACTS › § 7216

Last updated Apr 6, 2026|Official source

Summary

If a contract holder (an owner or producer) breaks a rule listed in section 7211(a), the Secretary must cancel that person’s contract for every farm they have an interest in. After cancellation, the person loses the right to future contract payments and must pay back any contract money they got during the time of the violation, plus interest set by the Secretary. If the Secretary thinks the breach is not serious enough to cancel the contract, the Secretary can make the person either return the payments with interest or accept smaller future payments based on how bad the breach was. If the contract land was foreclosed and the Secretary decides forgiveness is fair, the person may not have to repay; but if they take back control of the land later, the old contract rules apply. The Secretary’s decision can be challenged through administrative review.

Full Legal Text

Title 7, §7216

Agriculture — Source: USLM XML via OLRC

(a)Except as provided in subsection (b), if an owner or producer subject to a contract violates a requirement of the contract specified in section 7211(a) of this title, the Secretary shall terminate the contract with respect to the owner or producer on each farm in which the owner or producer has an interest. On the termination, the owner or producer shall forfeit all rights to receive future contract payments on each farm in which the owner or producer has an interest and shall refund to the Secretary all contract payments received by the owner or producer during the period of the violation, together with interest on the contract payments as determined by the Secretary.

(b)If the Secretary determines that a violation does not warrant termination of the contract under subsection (a), the Secretary may require the owner or producer subject to the contract—

(1)to refund to the Secretary that part of the contract payments received by the owner or producer during the period of the violation, together with interest on the contract payments as determined by the Secretary; or

(2)to accept a reduction in the amount of future contract payments that is proportionate to the severity of the violation, as determined by the Secretary.

(c)(1)An owner or producer subject to a contract may not be required to make repayments to the Secretary of amounts received under the contract if the contract acreage has been foreclosed on and the Secretary determines that forgiving the repayments is appropriate to provide fair and equitable treatment.

(2)This subsection shall not void the responsibilities of the owner or producer under the contract if the owner or producer continues or resumes operation, or control, of the contract acreage. On the resumption of operation or control over the contract acreage by the owner or producer, the provisions of the contract in effect on the date of the foreclosure shall apply.

(d)A determination of the Secretary under this section shall be considered to be an adverse decision for purposes of the availability of administrative review of the determination.

Reference

Citations & Metadata

Citation

7 U.S.C. § 7216

Title 7 — Agriculture

Last Updated

Apr 6, 2026

Release point: 119-73