Title 7AgricultureRelease 119-73not60

§7916 Planting Flexibility

Title 7 › Chapter 106— COMMODITY PROGRAMS › Subchapter I— DIRECT PAYMENTS AND COUNTER-CYCLICAL PAYMENTS › § 7916

Last updated Apr 3, 2026|Official source

Summary

You may plant any crop on base acres, but fruits, most vegetables (except lentils, mung beans, and dry peas), and wild rice have limits. If those crops are planted on base acres they must be destroyed before harvest. If the crop is produced on a tree or other perennial plant, you may not plant it on base acres at all. The Secretary can allow exceptions. Double-cropping is allowed in regions with a history of it. A farm with a history of planting those crops may plant them, but direct payments and counter-cyclical payments are reduced by one acre for each acre planted. Producers with an established planting history may plant up to their average annual plantings from 1991–1995 or 1998–2001 (excluding years with no plantings), with the same payment reduction. For the 2002 crop year only, if base acres exceed the farm’s contract acreage used for the 2002 fiscal payment, harvesting on those excess base acres is allowed, but payments are reduced by one acre per excess acre planted.

Full Legal Text

Title 7, §7916

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 lentils, mung beans, and dry peas).
(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)For the 2002 crop year only, if the calculation of base acres under section 7911(a) of this title results in total base acres for a farm in excess of the contract acreage (as defined in section 7202 of this title) for the farm used to calculate the fiscal year 2002 payment authorized under section 7214 of this title, paragraphs (1) and (2) of subsection (b) shall not limit the harvesting of an agricultural commodity specified in paragraph (3) of that subsection on the excess base acres, except that direct payments and counter-cyclical payments for the 2002 crop year shall be reduced by an acre for each acre of the excess base acres planted to such an agricultural commodity.

Reference

Citations & Metadata

Citation

7 U.S.C. § 7916

Title 7Agriculture

Last Updated

Apr 3, 2026

Release point: 119-73not60