Title 7AgricultureRelease 119-73

§8717 Planting flexibility

Title 7 › Chapter CHAPTER 113— - AGRICULTURAL COMMODITY SUPPORT PROGRAMS › Subchapter SUBCHAPTER I— - DIRECT PAYMENTS AND COUNTER-CYCLICAL PAYMENTS › § 8717

Last updated Apr 6, 2026|Official source

Summary

You may plant any crop on your farm’s base acres, but fruits, most vegetables (except mung beans and pulse crops), and wild rice cannot be grown on base acres unless they are destroyed before harvest. Growing those commodities on trees or other perennial plants on base acres is also not allowed. There are exceptions: areas with a history of double-cropping may continue to double-crop, and farms or producers with a past history of planting those commodities on base acres may plant them subject to limits and a payment penalty. Producers with an established planting history may plant up to their average annual acres from either 1991–1995 or 1998–2001 (excluding years with no plantings), but direct and counter-cyclical payments are reduced by one acre for each acre planted. Separately, for 2009 through 2012 a pilot allowed certain processing vegetables (cucumbers, green peas, lima beans, pumpkins, snap beans, sweet corn, tomatoes) on specified state acreages (Illinois 9,000; Indiana 9,000; Iowa 1,000; Michigan 9,000; Minnesota 34,000; Ohio 4,000; Wisconsin 9,000). To join the pilot, producers must have a processing contract, use the crop in a rotation for agronomic and pest benefits, and show how the crop was sold. Base acres are temporarily reduced one acre for each acre planted under the pilot; the reduction ends after the crop year. The Secretary of Agriculture must evaluate the pilot’s effects on supply, price, and existing producers and report the findings to the House and Senate Agriculture Committees.

Full Legal Text

Title 7, §8717

Agriculture — Source: USLM XML via OLRC

(a)Subject to subsection (b), any commodity or crop may be planted on base acres on a farm.
(b)(1)The planting of an agricultural commodity specified in paragraph (3) shall be prohibited on base acres unless the commodity, if planted, is destroyed before harvest.
(2)The planting of an agricultural commodity specified in paragraph (3) that is produced on a tree or other perennial plant shall be prohibited on base acres.
(3)Paragraphs (1) and (2) apply to the following agricultural commodities:
(A)Fruits.
(B)Vegetables (other than mung beans and pulse crops).
(C)Wild rice.
(c)Paragraphs (1) and (2) of subsection (b) shall not limit the planting of an agricultural commodity specified in paragraph (3) of that subsection—
(1)in any region in which there is a history of double-cropping of covered commodities with agricultural commodities specified in subsection (b)(3), as determined by the Secretary, in which case the double-cropping shall be permitted;
(2)on a farm that the Secretary determines has a history of planting agricultural commodities specified in subsection (b)(3) on base acres, except that direct payments and counter-cyclical payments shall be reduced by an acre for each acre planted to such an agricultural commodity; or
(3)by the producers on a farm that the Secretary determines has an established planting history of a specific agricultural commodity specified in subsection (b)(3), except that—
(A)the quantity planted may not exceed the average annual planting history of such agricultural commodity by the producers on the farm in the 1991 through 1995 or 1998 through 2001 crop years (excluding any crop year in which no plantings were made), as determined by the Secretary; and
(B)direct payments and counter-cyclical payments shall be reduced by an acre for each acre planted to such agricultural commodity.
(d)(1)Notwithstanding paragraphs (1) and (2) of subsection (b) and in addition to the exceptions provided in subsection (c), the Secretary shall carry out a pilot project to permit the planting of cucumbers, green peas, lima beans, pumpkins, snap beans, sweet corn, and tomatoes grown for processing on base acres during each of the 2009 through 2012 crop years.
(2)The number of base acres eligible during each crop year for the pilot project under paragraph (1) shall be—
(A)9,000 acres in the State of Illinois;
(B)9,000 acres in the State of Indiana;
(C)1,000 acres in the State of Iowa;
(D)9,000 acres in the State of Michigan;
(E)34,000 acres in the State of Minnesota;
(F)4,000 acres in the State of Ohio; and
(G)9,000 acres in the State of Wisconsin.
(3)To be eligible for selection to participate in the pilot project, the producers on a farm shall—
(A)demonstrate to the Secretary that the producers on the farm have entered into a contract to produce a crop of a commodity specified in paragraph (1) for processing;
(B)agree to produce the crop as part of a program of crop rotation on the farm to achieve agronomic and pest and disease management benefits; and
(C)provide evidence of the disposition of the crop.
(4)The base acres on a farm for a crop year shall be reduced by an acre for each acre planted under the pilot program.
(5)The reduction in the base acres of a farm for a crop year under paragraph (4) shall expire at the end of the crop year.
(6)(A)If the Secretary recalculates base acres for a farm while the farm is included in the pilot project, the planting and production of a crop of a commodity specified in paragraph (1) on base acres for which a temporary reduction was made under this section shall be considered to be the same as the planting and production of a covered commodity.
(B)Nothing in this paragraph provides authority for the Secretary to recalculate base acres for a farm.
(7)(A)The Secretary shall periodically evaluate the pilot project conducted under this subsection to determine the effects of the pilot project on the supply and price of—
(i)fresh fruits and vegetables; and
(ii)fruits and vegetables for processing.
(B)An evaluation under subparagraph (A) shall include a determination as to whether—
(i)producers of fresh fruits and vegetables are being negatively impacted; and
(ii)existing production capacities are being supplanted.
(C)As soon as practicable after conducting an evaluation under subparagraph (A), the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that describes the results of the evaluation.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Codification Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246.

Statutory Notes and Related Subsidiaries

Effective Date

Enactment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as a note under section 8701 of this title.

Reference

Citations & Metadata

Citation

7 U.S.C. § 8717

Title 7Agriculture

Last Updated

Apr 6, 2026

Release point: 119-73