Title 7, AgricultureRelease 119-110

§8756 Planting Flexibility

Title 7 › CHAPTER 113 — AGRICULTURAL COMMODITY SUPPORT PROGRAMS › SUBCHAPTER III — PEANUTS › § 8756

Last updated Sep 22, 2026|Official source

Summary

Farmers may plant any crop on peanut base acres, but some crops have limits. Fruits, most vegetables (except mung beans and pulse crops), and wild rice cannot be grown on peanut base acres unless the plants are destroyed before harvest. If those crops come from trees or other perennial plants, they are not allowed at all on peanut base acres. There are three exceptions. If a region has a history of double-cropping peanuts with those crops, double-cropping is allowed. A farm that has previously planted those crops on its peanut base acres may continue, but its government support (direct payments and counter-cyclical payments) will be reduced by one acre for each acre planted. Producers with an established planting history of a specific covered crop may plant up to their average annual acreage from 1991 through 1995 or 1998 through 2001 (ignoring years with no planting), but their payments will also be reduced by one acre for each acre planted.

Full Legal Text

Title 7, §8756

Agriculture, Source: USLM XML via OLRC

(a)Permitted crops
Subject to subsection (b), any commodity or crop may be planted on the base acres for peanuts on a farm.
(b)Limitations regarding certain commodities
(1)General limitation
The planting of an agricultural commodity specified in paragraph (3) shall be prohibited on base acres for peanuts unless the commodity, if planted, is destroyed before harvest.
(2)Treatment of trees and other perennials
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 for peanuts.
(3)Covered agricultural commodities
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)Exceptions
Paragraphs (1) and (2) of subsection (b) shall not limit the planting of an agricultural commodity specified in paragraph (3) of that subsection— (1)
(2)on a farm that the Secretary determines has a history of planting agricultural commodities specified in subsection (b)(3) on the base acres for peanuts, 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.

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. § 8756

Title 7, Agriculture

Last Updated

Sep 22, 2026

Release point: 119-110