Sec. 504. PLANTING FLEXIBILITY

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## SEC. 504 PLANTING FLEXIBILITY **[**[7 U.S.C. 1464](/us/usc/t7/s1464)**]** ###

(a)In General 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. ###

(b)Specified Commodities ####

(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. ###

(c)Limitation on Acreage ####

(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 205 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. ###

(d)Plantings in Excess of Permitted Acreage 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. ###

(e)Loan Eligibility ####

(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.

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7 USC 1464

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Sec. 504

PLANTING FLEXIBILITY

Cite7 USC 1464

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