§8702 — Title 7 Agriculture | U.S. Code

Summary

Defines key words used for farm payment programs and related rules. Average crop revenue election payment — a payment to farm producers under the program. Base acres — the number of acres for a covered commodity as set under section 7911 as in effect on September 30, 2007, with any changes under section 8711; base acres for peanuts — defined in section 8751. Counter‑cyclical payment — a payment to producers when prices are low. Covered commodity — covers 11 types, including wheat, corn, cotton, rice (long and medium), soybeans, pulse crops, and other oilseeds. Direct payment — a regular payment to producers. Effective price — the price the Secretary calculates to tell if counter‑cyclical payments are needed. Extra long staple cotton — a special cotton type from Barbadense varieties or similar, grown in Secretary‑designated areas and ginned on roller gins or other approved gins for experiments. Loan commodity — a list of crops eligible for marketing assistance loans, including major grains, cotton (both upland and extra long staple), rice, oilseeds, wool, mohair, honey, dry peas, lentils, and chickpeas. Medium grain rice — includes short grain rice. Other oilseed — sunflower, rapeseed, canola, safflower, flaxseed, mustard, crambe, sesame, or other oilseeds named by the Secretary. Payment acres — generally 85 percent of base acres for payments, except direct payments were 83.3 percent of base acres for each of the 2009 through 2011 crop years. Payment yield — the yield used for direct and counter‑cyclical payments as set under section 7912 as in effect on September 30, 2007, or under section 8712. Producer — an owner, operator, landlord, tenant, or sharecropper who shares production risk and the crop; hybrid seed growers are treated so contracts don’t stop their payments. Pulse crop — dry peas, lentils, small chickpeas, and large chickpeas. State — includes any State, the District of Columbia, Puerto Rico, and other U.S. territories or possessions. Target price — the price per unit used to figure counter‑cyclical payment rates. United States (geographic) — means all of the States. United States Premium Factor — the percentage by which the difference between U.S. loan premiums for Strict Middling (SM) 1 1/8‑inch and Middling (M) 13/32‑inch upland cotton exceeds the difference in comparable international premiums.

Title 7, §8702

Agriculture — Source: USLM XML via OLRC

In this chapter (other than subchapter III):

(1)The term “average crop revenue election payment” means a payment made to producers on a farm under section 8715 11 See References in Text note below. of this title.

(2)(A)The term “base acres”, with respect to a covered commodity on a farm, means the number of acres established under section 7911 of this title as in effect on September 30, 2007, subject to any adjustment under section 8711 of this title.

(B)The term “base acres for peanuts” has the meaning given the term in section 8751 of this title.

(3)The term “counter-cyclical payment” means a payment made to producers on a farm under section 8714 1 of this title.

(4)The term “covered commodity” means wheat, corn, grain sorghum, barley, oats, upland cotton, long grain rice, medium grain rice, pulse crops, soybeans, and other oilseeds.

(5)The term “direct payment” means a payment made to producers on a farm under section 8713 1 of this title.

(6)The term “effective price”, with respect to a covered commodity for a crop year, means the price calculated by the Secretary under section 8714 1 of this title to determine whether counter-cyclical payments are required to be made for that crop year.

(7)The term “extra long staple cotton” means cotton that—

(A)is produced from pure strain varieties of the Barbadense species or any hybrid of the species, or other similar types of extra long staple cotton, designated by the Secretary, having characteristics needed for various end uses for which United States upland cotton is not suitable and grown in irrigated cotton-growing regions of the United States designated by the Secretary or other areas designated by the Secretary as suitable for the production of the varieties or types; and

(B)is ginned on a roller-type gin or, if authorized by the Secretary, ginned on another type gin for experimental purposes.

(8)The term “loan commodity” means wheat, corn, grain sorghum, barley, oats, upland cotton, extra long staple cotton, long grain rice, medium grain rice, soybeans, other oilseeds, graded wool, nongraded wool, mohair, honey, dry peas, lentils, small chickpeas, and large chickpeas.

(9)The term “medium grain rice” includes short grain rice.

(10)The term “other oilseed” means a crop of sunflower seed, rapeseed, canola, safflower, flaxseed, mustard seed, crambe, sesame seed, or any oilseed designated by the Secretary.

(11)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 a covered commodity 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 the covered commodity on a farm on which direct payments are made.

(12)The term “payment yield” means the yield established for direct payments and the yield established for counter-cyclical payments under section 7912 of this title as in effect on September 30, 2007, or under section 8712 of this title, for a farm for a covered commodity.

(13)(A)The term “producer” means an owner, operator, landlord, tenant, or sharecropper that shares in the risk of producing a crop 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 chapter.

(14)The term “pulse crop” means dry peas, lentils, small chickpeas, and large chickpeas.

(15)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.

(16)The term “target price” means the price per bushel, pound, or hundredweight (or other appropriate unit) of a covered commodity used to determine the payment rate for counter-cyclical payments.

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

(18)The term “United States Premium Factor” means the percentage by which the difference in the United States loan schedule premiums for Strict Middling (SM) 1⅛-inch upland cotton and for Middling (M) 13⁄32-inch upland cotton exceeds the difference in the applicable premiums for comparable international qualities.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in text, was in the original “this title”, meaning title I of Pub. L. 110–246, June 18, 2008, 122 Stat. 1664, which is classified principally to this chapter. For complete classification of title I to the Code, see Tables. section 8715 of this title, referred to in par. (1), was repealed by Pub. L. 113–79, title I, § 1103(a), Feb. 7, 2014, 128 Stat. 658. section 8714 of this title, referred to in pars. (3) and (6), was repealed by Pub. L. 113–79, title I, § 1102(a), Feb. 7, 2014, 128 Stat. 658. section 8713 of this title, referred to in par. (5), 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.

§8702 Definitions