§ 8751. Definitions

615 words·~3 min read·/usc/title-7/section-8751

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

In this subchapter:

(1)Base acres for peanuts

(A)In general The term “base acres for peanuts” means the number of acres assigned to a farm pursuant to section 7952 of this title, as in effect on September 30, 2007, subject to any adjustment under section 8752 of this title.

(B)Covered commodities The term “base acres”, with respect to a covered commodity, has the meaning given the term in section 8711 of this title.

(2)Counter-cyclical payment The term “counter-cyclical payment” means a payment made to producers on a farm under section 8754 1 of this title.

(3)Direct payment The term “direct payment” means a direct payment made to producers on a farm under section 8753 1 of this title.

(4)Effective price The term “effective price” means the price calculated by the Secretary under section 8754 1 of this title for peanuts to determine whether counter-cyclical payments are required to be made under that section for a crop year.

(5)Payment acres The term “payment acres” means, in the case of direct payments and counter-cyclical payments—

(A)except as provided in subparagraph (B), 85 percent of the base acres of peanuts on a farm on which direct payments or counter-cyclical payments are made; and

(B)in the case of direct payments for each of the 2009 through 2011 crop years, 83.3 percent of the base acres for peanuts on a farm on which direct payments are made.

(6)Payment yield The term “payment yield” means the yield established for direct payments and the yield established for counter-cyclical payments under section 7952 of this title, as in effect on September 30, 2007, for a farm for peanuts.

(7)Producer

(A)In general The term “producer” means an owner, operator, landlord, tenant, or sharecropper that shares in the risk of producing a crop on a farm and is entitled to share in the crop available for marketing from the farm, or would have shared had the crop been produced.

(B)Hybrid seed In determining whether a grower of hybrid seed is a producer, the Secretary shall—

(i)not take into consideration the existence of a hybrid seed contract; and

(ii)ensure that program requirements do not adversely affect the ability of the grower to receive a payment under this subchapter.

(8)State The term “State” means—

(A)a State;

(B)the District of Columbia;

(C)the Commonwealth of Puerto Rico; and

(D)any other territory or possession of the United States.

(9)Target price The term “target price” means the price per ton of peanuts used to determine the payment rate for counter-cyclical payments.

(10)United States The term “United States”, when used in a geographical sense, means all of the States.

(Pub. L. 110–234, title I, § 1301, May 22, 2008, 122 Stat. 966; Pub. L. 110–246, § 4(a), title I, § 1301, June 18, 2008, 122 Stat. 1664, 1695.)

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