7 U.S.C. § 8756 — Planting flexibility

Page 2240 TITLE 7—AGRICULTURE § 8756 (Pub. L. 110–234, title I, § 1305, May 22, 2008, 122 Stat. 972; Pub. L. 110–246, § 4(a), title I, § 1305, June 18, 2008, 122 Stat. 1664, 1701; Pub. L. 110–398, § 1(b)(2), Oct. 13, 2008, 122 Stat. 4213.) Editorial Notes REFERENCES IN TEXT Section 8715 of this title, referred to in subsecs. (a)(1) and (e), was repealed by Pub. L. 113–79, title I, § 1103(a), Feb. 7, 2014, 128 Stat. 658. The Food Security Act of 1985, referred to in subsec. (a)(1)(A), (B), is Pub. L. 99–198, Dec. 23, 1985, 99 Stat. 1354. Subtitles B and C of title XII of the Act are classi- fied generally to subchapters II (§ 3811 et seq.) and III (§ 3821 et seq.), respectively, of chapter 58 of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title of 1985 Amendment note set out under section 1281 of this title and Tables. 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 L. 110–234 was repealed by section 4(a) of Pub.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. AMENDMENTS 2008—Subsec. (f). Pub. L. 110–398 added subsec. (f). 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 (a) Permitted crops Subject to subsection (b), any commodity or crop may be planted on the base acres for pea- nuts 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 com- modity, 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 prohib- ited 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 com- modity specified in paragraph (3) of that sub- section— (1) in any region in which there is a history of double-cropping of peanuts with agricul- tural commodities specified in subsection (b)(3), as determined by the Secretary, in which case the double-cropping shall be per- mitted; (2) on a farm that the Secretary determines has a history of planting agricultural com- modities specified in subsection (b)(3) on the base acres for peanuts, except that direct pay- ments 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 Sec- retary 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 com- modity. (Pub. L. 110–234, title I, § 1306, May 22, 2008, 122 Stat. 973; Pub. L. 110–246, § 4(a), title I, § 1306, June 18, 2008, 122 Stat. 1664, 1702.) 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. § 8757. Marketing assistance loans and loan defi- ciency payments for peanuts (a) Nonrecourse loans available (1) Availability For each of the 2008 through 2012 crops of peanuts, the Secretary shall make available to producers on a farm nonrecourse marketing assistance loans for peanuts produced on the farm. (2) Terms and conditions The loans shall be made under terms and conditions that are prescribed by the Sec- retary and at the loan rate established under subsection (b). (3) Eligible production The producers on a farm shall be eligible for a marketing assistance loan under this sub- section for any quantity of peanuts produced on the farm. (4) Options for obtaining loan A marketing assistance loan under this sub- section, and loan deficiency payments under subsection (e), may be obtained at the option of the producers on a farm through— (A) a designated marketing association or marketing cooperative of producers that is approved by the Secretary; or