7 U.S. Code § 9015 - Producer election

§ 9015.
Producer election
(a) Election requiredExcept as provided in subsection (g), for the 2014 through 2018 crop years, all of the producers on a farm shall make a 1-time, irrevocable election to obtain—
(1)
price loss coverage under section 9016 of this title on a covered commodity-by-covered-commodity basis; or
(b) Coverage optionsIn the election under subsection (a), the producers on a farm that elect under paragraph (2) of such subsection to obtain agriculture risk coverage under section 9017 of this title shall unanimously select whether to receive agriculture risk coverage payments based on—
(1)
county coverage applicable on a covered commodity-by-covered-commodity basis; or
(2)
individual coverage applicable to all of the covered commodities on the farm.
(c) Effect of failure to make unanimous electionIf all the producers on a farm fail to make a unanimous election under subsection (a) for the 2014 crop year—
(1)
the Secretary shall not make any payments with respect to the farm for the 2014 crop year under section 9016 or 9017 of this title; and
(2)
the producers on the farm shall be deemed to have elected price loss coverage under section 9016 of this title for all covered commodities on the farm for the 2015 through 2018 crop years.
(d) Effect of selection of county coverage

If all the producers on a farm select county coverage for a covered commodity under subsection (b)(1), the Secretary may not make price loss coverage payments under section 9016 of this title to the producers on the farm with respect to that covered commodity.

(e) Effect of selection of individual coverageIf all the producers on a farm select individual coverage under subsection (b)(2), in addition to the selection and election under this section applying to each producer on the farm, the Secretary shall consider, for purposes of making the calculations required by subsections (b)(2) and (c)(3) of section 9017 of this title, the producer’s share of all farms in the same State—
(1)
in which the producer has an interest; and
(2)
for which individual coverage has been selected.
(f) Prohibition on reconstitution

The Secretary shall ensure that producers on a farm do not reconstitute the farm to void or change an election or selection made under this section.

(g) Special election
(1) In general

In the case of acres allocated to seed cotton on a farm, all of the producers on the farm shall be given the opportunity to make a new 1-time election under subsection (a) to reflect the designation of seed cotton as a covered commodity for that crop year under section 9011(6)(B) of this title.

(2) Effect of failure to make unanimous election

If all the producers on a farm fail to make a unanimous election under paragraph (1), the producers on the farm shall be deemed to have elected price loss coverage under section 9016 of this title for acres allocated on the farm to seed cotton.

(Pub. L. 113–79, title I, § 1115, Feb. 7, 2014, 128 Stat. 667; Pub. L. 115–123, div. F, § 60101(a)(7), Feb. 9, 2018, 132 Stat. 309.)
Amendments

2018—Subsec. (a). Pub. L. 115–123, § 60101(a)(7)(A), in introductory provisions, substituted “Except as provided in subsection (g), for” for “For”.

Subsec. (g). Pub. L. 115–123, § 60101(a)(7)(B), added subsec. (g).

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–123 applicable beginning with the 2018 crop year, see section 60101(a)(13) of Pub. L. 115–123, set out as a note under section 9011 of this title.

 

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