§8751 — Title 7 Agriculture | U.S. Code

Summary

Defines key words used for peanut payment programs and related rules. Base acres for peanuts — the number of acres a farm was assigned under section 7952 as it stood on September 30, 2007, and that can be adjusted under section 8752. Base acres (covered commodity) — the meaning given in section 8711. Counter-cyclical payment — a payment to producers under section 8754. Direct payment — a payment to producers under section 8753. Effective price — the price the Secretary calculates under section 8754 to decide if counter-cyclical payments are needed for peanuts. Payment acres — normally 85% of a farm’s peanut base acres for these payments, but direct payments for 2009–2011 use 83.3%. Payment yield — the yield set for a farm under section 7952 as of September 30, 2007. Producer — an owner, operator, landlord, tenant, or sharecropper who shares the production risk and would share in the crop; for hybrid seed growers, the Secretary must ignore the hybrid seed contract and must make sure program rules do not hurt their ability to get a payment. State — includes the States, the District of Columbia, Puerto Rico, and other U.S. territories and possessions. Target price — the price per ton of peanuts used to set the counter-cyclical payment rate. United States (geographic) — means all of the States.

Title 7, §8751

Agriculture — Source: USLM XML via OLRC

In this subchapter:

(1)(A)The term “base acres for peanuts” means the number of acres assigned to a farm pursuant to section 7952 of this title, as in effect on September 30, 2007, subject to any adjustment under section 8752 of this title.

(B)The term “base acres”, with respect to a covered commodity, has the meaning given the term in section 8711 of this title.

(2)The term “counter-cyclical payment” means a payment made to producers on a farm under section 8754 11 See References in Text note below. of this title.

(3)The term “direct payment” means a direct payment made to producers on a farm under section 8753 1 of this title.

(4)The term “effective price” means the price calculated by the Secretary under section 8754 1 of this title for peanuts to determine whether counter-cyclical payments are required to be made under that section for a crop year.

(5)The term “payment acres” means, in the case of direct payments and counter-cyclical payments—

(A)except as provided in subparagraph (B), 85 percent of the base acres of peanuts on a farm on which direct payments or counter-cyclical payments are made; and

(B)in the case of direct payments for each of the 2009 through 2011 crop years, 83.3 percent of the base acres for peanuts on a farm on which direct payments are made.

(6)The term “payment yield” means the yield established for direct payments and the yield established for counter-cyclical payments under section 7952 of this title, as in effect on September 30, 2007, for a farm for peanuts.

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

(B)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 subchapter.

(8)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.

(9)The term “target price” means the price per ton of peanuts used to determine the payment rate for counter-cyclical payments.

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

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 8754 of this title, referred to in pars. (2) and (4), was repealed by Pub. L. 113–79, title I, § 1102(a), Feb. 7, 2014, 128 Stat. 658. section 8753 of this title, referred to in par. (3), was repealed by Pub. L. 113–79, title I, § 1101, Feb. 7, 2014, 128 Stat. 658. 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.

§8751 Definitions