§8756 — Title 7 Agriculture | U.S. Code

Summary

Farmers may plant any crop on land that is counted as peanut base acres. But fruits, most vegetables (except mung beans and pulse crops), and wild rice may not be grown there unless they are destroyed before harvest. Crops that grow on trees or other perennial plants are also banned on peanut base acres. The Secretary of Agriculture can allow double-cropping where it has been done in the past. A farm with a history of planting those crops can keep planting them, but direct payments and counter‑cyclical payments will be reduced by one acre for each acre planted. Individual producers with an established planting history may plant up to their average annual plantings in 1991–1995 or 1998–2001 (excluding years with no plantings), but their payments are reduced by one acre for each acre planted.

Title 7, §8756

Agriculture — Source: USLM XML via OLRC

(a)Subject to subsection (b), any commodity or crop may be planted on the base acres for peanuts on a farm.

(b)(1)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)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)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 peanuts 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 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.

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.

§8756 Planting Flexibility