§7916 Planting flexibility

Summary

Most crops can be planted on a farm’s base acres, but fruits, wild rice, and most vegetables (except lentils, mung beans, and dry peas) have limits. Those crops may not be planted on base acres unless they are destroyed before harvest. If the crop grows on a tree or other perennial plant, it may not be planted on base acres at all. There are three exceptions. Planting is allowed where the Agriculture Secretary finds a history of double-cropping with those crops. It is also allowed on farms with a past history of planting those crops, but direct payments and counter-cyclical payments will be reduced by one acre for each acre planted. Individual producers with an established planting history may plant up to their average annual plantings in 1991–1995 or 1998–2001 (excluding years with no plantings), but payments are reduced one acre per acre planted. For the 2002 crop year only, if base acres exceed the contract acreage used to set 2002 payments, harvesting those crops is allowed on the excess acres, but 2002 payments are reduced one acre for each excess acre planted.