US Code

Public Law 119-83 (04/13/2026)

7 U.S.C. § 8756

Planting flexibility

(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)
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.

Pub. L. 110–234, title I, § 1306122 Stat. 973 Pub. L. 110–246, § 4(a)122 Stat. 1664 (, , ; , title I, § 1306, , , 1702.)

Editorial Notes

Codification

Pub. L. 110–234Pub. L. 110–246Pub. L. 110–234section 4(a) of Pub. L. 110–246 and enacted identical sections. was repealed by .

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 110–234Pub. L. 110–246Pub. L. 110–234section 4 of Pub. L. 110–246section 8701 of this titleEnactment of this section and repeal of by effective , the date of enactment of , see , set out as a note under .