§ 7218 — Planting Flexibility

(a) Subject to subsection (b), any commodity or crop may be planted on contract acreage on a farm. (1) The planting of fruits and vegetables (other than lentils, mung beans, and dry peas) shall be prohibited on contract acreage. (2) Paragraph (1) shall not limit the planting of a fruit or vegetable— (A) in any region in which there is a history of double-cropping of contract commodities with fruits or vegetables, as determined by the Secretary, in which case the double-cropping shall be permitted; (B) on a farm that the Secretary determines has a history of planting fruits or vegetables on contract acreage, except that a contract payment shall be reduced by an acre for each acre planted to the fruit or vegetable; or (C) by a producer who the Secretary determines has an established planting history of a specific fruit or vegetable, except that— (i) the quantity planted may not exceed the producer’s average annual planting history of the fruit or vegetable in the 1991 through 1995 crop years (excluding any crop year in which no plantings were made), as determined by the Secretary; and (ii) a contract payment shall be reduced by an acre for each acre planted to the fruit or vegetable.