---
kind: "section"
citation: "7 U.S.C. § 7916"
title: "7"
title_heading: "Agriculture"
number: "7916"
heading: "Planting flexibility"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/7/7916"
units:
  - "Chapter 106 — Commodity Programs"
  - "Subchapter I — Direct Payments and Counter-Cyclical Payments"
---

# §7916. Planting flexibility

- (a) **Permitted crops—** Subject to [subsection (b)](#b), any commodity or crop may be planted on [base acres](/usc/7/7901.md?p=2) on a farm.
- (b) **Limitations regarding certain commodities—**
  - (1) **General limitation—** The planting of an agricultural commodity specified in [paragraph (3)](#b-3) shall be prohibited on [base acres](/usc/7/7901.md?p=2) 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)](#b-3) that is produced on a tree or other perennial plant shall be prohibited on [base acres](/usc/7/7901.md?p=2).
  - (3) **Covered agricultural commodities—** Paragraphs [(1)](#b-1) and [(2)](#b-2) apply to the following agricultural commodities:
    - (A) Fruits.
    - (B) Vegetables (other than lentils, mung beans, and dry peas).
    - (C) Wild rice.
- (c) **Exceptions—** Paragraphs [(1)](#b-1) and [(2)](#b-2) of subsection (b) shall not limit the planting of an agricultural commodity specified in [paragraph (3)](#c-3) of that subsection—
  - (1) in any region in which there is a history of double-cropping of [covered commodities](/usc/7/7901.md?p=4) with agricultural commodities specified in [subsection (b)(3)](#b-3), as determined by the [Secretary](/usc/7/7901.md?p=13), in which case the double-cropping shall be permitted;
  - (2) on a farm that the [Secretary](/usc/7/7901.md?p=13) determines has a history of planting agricultural commodities specified in [subsection (b)(3)](#b-3) on [base acres](/usc/7/7901.md?p=2), except that [direct payments](/usc/7/7901.md?p=5) and [counter-cyclical payments](/usc/7/7901.md?p=3) shall be reduced by an acre for each acre planted to such an agricultural commodity; or
  - (3) by the [producers](/usc/7/7901.md?p=12) on a farm that the [Secretary](/usc/7/7901.md?p=13) determines has an established planting history of a specific agricultural commodity specified in [subsection (b)(3)](#b-3), except that—
    - (A) the quantity planted may not exceed the average annual planting history of such agricultural commodity by the [producers](/usc/7/7901.md?p=12) 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](/usc/7/7901.md?p=13); and
    - (B) [direct payments](/usc/7/7901.md?p=5) and [counter-cyclical payments](/usc/7/7901.md?p=3) shall be reduced by an acre for each acre planted to such agricultural commodity.
- (d) **Special rule for 2002 crop year—** For the 2002 crop year only, if the calculation of [base acres](/usc/7/7901.md?p=2) under [section 7911(a) of this title](/usc/7/7911.md?p=a) results in total [base acres](/usc/7/7901.md?p=2) for a farm in excess of the contract acreage (as defined in [section 7202 of this title](/usc/7/7202.md)) for the farm used to calculate the fiscal year 2002 payment authorized under [section 7214 of this title](/usc/7/7214.md), paragraphs [(1)](#b-1) and [(2)](#b-2) of subsection (b) shall not limit the harvesting of an agricultural commodity specified in [paragraph (3)](#b-3) of that subsection on the excess [base acres](/usc/7/7901.md?p=2), except that [direct payments](/usc/7/7901.md?p=5) and [counter-cyclical payments](/usc/7/7901.md?p=3) for the 2002 crop year shall be reduced by an acre for each acre of the excess [base acres](/usc/7/7901.md?p=2) planted to such an agricultural commodity.

## Source credit

(Pub. L. 107–171, title I, § 1106, May 13, 2002, 116 Stat. 153.)