February, 2003
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The 2002 Farm Bill authorized the Direct and Counter-cyclical Program (DCP), which is administered by USDA's Farm Service Agency (FSA). DCP provides payments to eligible producers for the 2002 through 2007 crop years.
Producers who participate in DCP are subject to certain restrictions on the planting of wild rice, fruits, and vegetables (WR/FAV).
WR/FAV planting provisions apply to the following commodities:
- fruits (including nuts); and
- vegetables, other than lentils, mung beans, and dry peas (Dry peas include Austrian, wrinkled seed, green, yellow, and umatilla. Peas grown for the fresh, canning, or frozen market are not dry peas).
Planting perennial WR/FAVs on DCP base acres is a violation of the regulations (and will result in reduced payment acres), even if the WR/FAVs are destroyed without benefit before harvest.
In general, planting non-perennial WR/FAVs on DCP base acres is not a violation (and will not result in reduced payment acres) if the WR/FAVs are destroyed without benefit before harvest. The WR/FAV destruction must be verified by FSA through a farm visit paid for by the producer.
However, any WR/FAVs may be planted on DCP base acres and a DCP contract violation WILL NOT occur if any of the following three exceptions to the planting restriction rule apply:
1. Double-Cropping Regions -
WR/FAVs are planted in a double-cropping practice with a DCP eligible commodity. The following provisions apply to this exception:
- DCP payment acres are not reduced for such plantings.
- The farm must be in a county approved for double-cropping DCP eligible commodities with WR/FAVs. WR/FAV double-cropping regions were established by FSA state committees and are published in the Federal Register.
2. Farm History-
WR/FAVs are planted on a farm with an established history of planting WR/FAVs. The following provisions that apply to this exception are farm-specific:
- Although no contract violation will result, the DCP payment acres will be reduced by an acre for each acre of base acreage planted to WR/FAVs.
- WR/FAV farm history is based on the farm's plantings for crop years 1991-1995 and 1998-2001.
3. Producer History -
A producer with an interest in planting a specific WR/FAV has an established history of planting that WR/FAV. The following provisions apply to this exception:
- Although no contract violation will result, the DCP payment acres will be reduced by an acre for each acre of base acreage planted to WR/FAVs.
- The planting must not exceed the producer's average annual planting history for the specific WR/FAV for either (but not both) the 1991-1995 or 1998-2001 crop years, as chosen by the producer.
- To calculate a producer's average annual planting history, all years in which the producer did not plant the specific WR/FAV, as applicable, are excluded.
In general, if WR/FAVs are planted on DCP base acres and one of the above three exceptions does not apply, the DCP contract has been violated and may be terminated.
If FSA determines the violation does not warrant contract termination, the farm's payment acres will be reduced by an acre for each acre of WR/FAV planted on base acres. FSA will also assess an additional payment reduction based on the market value of the WR/FAV. FSA state committees establish the per acre market value of the WR/FAV planted. The reductions cannot exceed the total amount of DCP payments for the farm for that crop year.
For the 2002-crop year only, planting any WR/FAVs on excess DCP base acreage will not result in contract termination. However, DCP payments will be reduced by an acre for each acre of excess DCP base acreage planted to WR/FAVs.
Planting WR/FAVs on acres that are not considered DCP base acres is not a DCP contract violation and will not result in payment reductions. This rule applies regardless of whether or not the farm or producer has a WR/FAV history.
- a farm is not enrolled in DCP, unlimited WR/FAVs can be planted and harvested and:
- the farm will not receive any DCP payments for the applicable year;
- the farm may be enrolled in DCP in succeeding years and be eligible for DCP benefits; and
- production of loan commodities from the farm is eligible for marketing assistance loans and loan deficiency payments.
For additional information on WR/FAV rules or other DCP program matters, please contact your local USDA Service Center, or visit FSA's Web site at: www.fsa.usda.gov
Is the farm enrolled in DCP? | Is the county approved for double-cropping WR/FAVs? | Does the farm or producer have a WR/FAV history? | Where are WR/FAVs planted? | Is there an acre-for-acre payment reduction? | Is there an additional payment reduction equal to the market value of the WR/FAV in lieu of contract termination? |
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No Yes Yes Yes Yes Yes | Not applicable No Yes Yes No No | Not applicable No Yes No No Yes | Anywhere Non-base acres Non-base acres Base acres Base acres Base acres | No No No No. 1/ Yes Yes | No No No No Yes No |
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1/ The WR/FAV must be double-cropped with a DCP eligible commodity.
The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, gender, religion, age, disability, political beliefs, sexual orientation, and marital or family status. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communication of program information (braille, large print, audiotape, etc.) should contact USDA's TARGET Center at 202-720-2600 (voice and TDD).
To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, Room 326-W, Whitten Building, 1400 Independence Avenue, SW, Washington, D.C., 20250-9410, or call (202) 720-5964 (voice or TDD).
USDA is an equal opportunity provider and employer.
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