7 U.S.C. § 1464
Section 1464 · Planting flexibility
Amended 9 times on record
The producers on a farm may, in accordance with this section, plant for harvest on the crop acreage base established for a program crop a commodity, other than the specific program crop, without suffering a reduction in the crop acreage base as a result of the production.
(1) Permitted crops
Except as provided in paragraph (2), for purposes of this section, the commodities that may be planted for harvest on a crop acreage base are—
(A) any program crop;
(B) any oilseed;
(C) any industrial or experimental crop designated by the Secretary;
(D) any other crop, except any fruit or vegetable crop (including potatoes and dry edible beans) not designated by the Secretary as—
(i) an industrial or experimental crop; or
(ii) a crop for which no substantial domestic production or market exists; and
(E) mung beans.
(2) Limitation
For purposes of this section, the Secretary may, at the discretion of the Secretary, prohibit the planting on a crop acreage base of any crop specified in paragraph (1).
(3) Notification
With regard to commodities that may be planted pursuant to this subsection, the Secretary shall make a determination in each crop year of the commodities that may not be planted pursuant to this subsection and shall make available a list of the commodities.
(1) In general
Except as provided in paragraph (2), the quantity of the crop acreage base that may be planted to a commodity, other than the specific program crop, under this section may not exceed 25 percent of the crop acreage base.
(2) Exception for soybeans
If on January 1 of any calendar year the Secretary estimates that the national average price of soybeans during the following marketing year for soybeans would be less than 105 percent of the nonrecourse loan level for soybeans established in section 1446f of this title if soybeans were allowed to be planted on up to 25 percent of the crop acreage base under this section, the quantity of the crop acreage base that may be planted to soybeans under this section may not exceed 15 percent of the crop acreage base.
Notwithstanding any other provision of this Act, producers of a program crop who are participating in the production adjustment program for that program crop under this Act shall be allowed to plant that program crop in a quantity that exceeds the permitted acreage for that crop without losing their eligibility for loans, purchases, or payments with respect to that crop under this Act if—
(1) the acreage planted to the program crop on the farm in excess of the permitted acreage does not exceed 25 percent of the crop acreage bases on the farm for other program crops; and
(2) the producer agrees to a reduction in permitted acreage for the other program crops produced on the farm by a quantity equal to the overplanting.
(1) In general
Producers of a specific program crop (referred to in this subsection as the “original program crop”) who plant for harvest on the crop acreage base established for such original program crop another program crop in accordance with this section and who are not participants in the program established for such other program crop shall be eligible to receive loans, purchases, or loan deficiency payments for such other program crop on the same terms and conditions as are provided to participants in a production adjustment program established for such other program crop.
(2) Requirements
Producers shall be eligible to receive loans, purchases, or loan deficiency payments under this subsection if the producers—
(A) plant such other program crop in an amount that does not exceed 25 percent of the crop acreage base established for the original program crop; and
(B) agree to a reduction in the permitted acreage for the original program crop for the particular crop year.
Editorial notes U.S. Code · Office of the Law Revision Counsel
References in Text
This Act, referred to in subsec. (d), is act Oct. 31, 1949, ch. 792, 63 Stat. 1051, as amended, known as the Agricultural Act of 1949, which is classified principally to this chapter (§1421 et seq.). For complete classification of this Act to the Code, see Short Title note set out under section 1421 of this title and Tables.
Prior Provisions
A prior section 1464, act Oct. 31, 1949, ch. 792, title V, §505, formerly §504, as added July 12, 1951, ch. 223, 65 Stat. 120, and renumbered Oct. 3, 1961, Pub. L. 87–345, §3, 75 Stat. 761, related to workers subject to immigration laws, dispensed with need of penalty bond, and provided for effect of use of “wetback” labor as part of a program for recruiting agricultural workers from Mexico for employment up to December 31, 1964.
Amendments
1991—Subsec. (b)(1)(E). Pub. L. 102–237 added subpar. (E).
1990—Pub. L. 101–624 amended section generally, substituting provisions authorizing producers to plant crops, other than specific program crops, without a reduction in crop acreage base for provisions relating to the establishment and maintenance of crop acreage bases for each program crop, defining “double cropping” and determining crop acreage bases.
1989—Subsec. (b)(2)(E). Pub. L. 101–81, §1(1), temporarily added subpar. (E). Former subpar. (E) redesignated (F). See Effective and Termination Dates of 1989 Amendments note below.
Subsec. (b)(2)(E)(i). Pub. L. 101–82 inserted “mung bean, mustard,” after “milkweed,”.
Subsec. (b)(2)(F). Pub. L. 101–81, §1(2), temporarily redesignated subpar. (E) as (F). See Effective and Termination Dates of 1989 Amendments note below.
Subsec. (e). Pub. L. 101–239, in temporarily amending subsec. (e) generally, made provisions applicable to 1990 crops only instead of to 1989 and 1990 crops, authorized planting of safflower permitted acreage, removed 10 percent as minimum acreage required to be planted with program crops, and substituted 110 percent for 115 percent as percentage of loan rate for 1990 crops used to determine permitted acreage. See Effective and Termination Dates of 1989 Amendments note below.
1988—Subsec. (e). Pub. L. 100–387 temporarily added subsec. (e). See Effective and Termination Dates of 1988 Amendment note below.
1986—Subsec. (b)(1)(B)(ii). Pub. L. 99–253 substituted “clause (i)” for “paragraph (1)(A) and paragraph (1)(B)(i)”.
Subsec. (b)(2)(C). Pub. L. 99–260, §8(2), added subpar. (C) and struck out former subpar. (C) which read as follows: “acreage in an amount equal to the difference between the permitted acreage for a program crop and the acreage planted to the crop, if the acreage considered to be planted is planted to a nonprogram crop, other than soybeans and extra long staple cotton; and”.
Subsec. (b)(2)(D), (E). Pub. L. 99–260, §8, added subpar. (D) and redesignated former subpar. (D) as (E).
Effective Date of 1990 Amendment
Amendment by Pub. L. 101–624 effective beginning with 1991 crop of an agricultural commodity, with provision for prior crops, see section 1171 of Pub. L. 101–624, set out as a note under section 1421 of this title.
Effective and Termination Dates of 1989 Amendments
Section 1002(a) of Pub. L. 101–239 provided that the amendment made by that section is effective only for 1990 crops.
Section 603(b) of Pub. L. 101–82 provided that: “The amendment made by subsection (a) [amending this section] shall become effective 1 day after the date of enactment of the Act so entitled [Pub. L. 101–81, approved Aug. 14, 1989].”
Section 1 of Pub. L. 101–81 provided that the amendment made by that section is effective only for 1990 crops.
Effective and Termination Dates of 1988 Amendment
Section 301(a)(1) of Pub. L. 100–387 provided that the amendment made by that section is effective for 1989 and 1990 crops.
Cottonseed and Sunflowerseed Oil
Section 301(b) of Pub. L. 100–387, as amended by Pub. L. 101–624, title XV, §1541, Nov. 28, 1990, 104 Stat. 3691; Pub. L. 102–237, title VI, §602(b), Dec. 13, 1991, 105 Stat. 1878, provided that:
“(1) The Secretary of Agriculture shall determine if the price of cottonseed or cottonseed products is adversely affected by the amendment made by subsection (a)(1) [amending this section]. If the Secretary determines that any such price has been adversely affected, the Secretary shall support the price of cottonseed and cottonseed products through loans, purchases, export assistance, or any other form of assistance, as necessary to offset such adverse effect.
“(2)(A)(i) Effective for each of the fiscal years 1991 through 1995, $50,000,000 of the funds made available under section 32 of the Act entitled ‘An Act to amend the Agricultural Adjustment Act, and for other purposes’, approved August 24, 1935 (7 U.S.C. 612c), shall, to the extent provided in appropriations Acts, be utilized during each such fiscal year as provided for in clause (1) of the second sentence of such section to encourage the sale of additional quantities of sunflowerseed oil and cottonseed oil in world markets at competitive world prices through the payment of benefits in connection with the exportation of such commodities.
“(ii) Clause (i) shall be implemented in such a manner as to maximize the export of such oils by assuring that the sums made available under such clause are fully obligated in the year or years in which—
“(I) such sums are made available; and
“(II) the domestic prices of such oils exceed competitive world prices.
“(iii) In determining sales on which benefits are to be provided under this subparagraph, the Secretary shall take into consideration solely the amount of benefits needed to encourage the sale.
“(iv) In carrying out this subparagraph, the Secretary shall ensure that, to the maximum extent practicable, equivalent amounts of funds are used during each fiscal year to encourage the sale of sunflowerseed oil and cottonseed oil in world markets.
“(B) To the extent practicable, facilitation of cottonseed oil exports shall be accomplished through the use of authorities available to the Secretary other than the authority granted in subparagraph (A).
“(3) Except as otherwise provided in paragraph (2)(A), the Secretary shall use the funds, facilities, and authorities of the Commodity Credit Corporation to carry out this subsection.”