[Code of Federal Regulations]
[Title 7, Volume 7, Parts 700 to 899]
[Revised as of January 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR718.105]

[Page 87-88]
 
                          TITLE 7--AGRICULTURE
 
                            CHAPTER VII--FARM
                SERVICE AGENCY, DEPARTMENT OF AGRICULTURE
 
PART 718--PROVISIONS APPLICABLE TO MULTIPLE PROGRAMS--Table of Contents
 
           Subpart B--Determination Of Acreage and Compliance
 
Sec. 718.105  Tolerances, variances, and adjustments for tobacco and peanuts.

    (a) Tolerance or variance for tobacco and peanuts is the amount by 
which the determined acreage may differ from the reported acreage or 
allotment and still be considered in compliance with program 
requirements. Tolerance or variance for tobacco is the amount by which 
the determined acreage may differ from the reported acreage or allotment 
and still be considered in compliance with program requirements.
    (b) Tolerance rules apply to those fields for which a staking and 
referencing was performed but such acreage was not planted according to 
those measurements or when a measurement service is not requested for 
acreage destroyed to meet program requirements. Tolerance rules do not 
apply to:
    (1) Official fields when the entire field is devoted to one crop;
    (2) Those fields for which staking and referencing was performed and 
such acreage was planted according to those measurements; or
    (3) The adjusted acreage for farms using measurement after planting 
which have a determined acreage greater than the marketing quota crop 
allotment.
    (c) An administrative variance is applicable to all marketing quota 
crop acreages. Marketing quota crop acreages as determined in accordance 
with this part shall be deemed in compliance with the effective farm 
allotment or program requirement when the determined acreage does not 
exceed the effective farm allotment by more than an administrative 
variance determined as follows:
    (1) For all kinds of tobacco subject to marketing quotas, except 
dark air-cured and fire-cured the larger of 0.1 acre or 2 percent of the 
allotment; and
    (2) For dark air-cured and fire-cured tobacco, an acreage based on 
the effective acreage allotment as provided in the table as follows:

------------------------------------------------------------------------
                                                          Administrative
    Effective acreage allotment is within this range         variance
------------------------------------------------------------------------
0.01 to 0.99............................................           0.01
1.00 to 1.49............................................           0.02
1.50 to 1.99............................................           0.03
2.00 to 2.49............................................           0.04
2.50 to 2.99............................................           0.05
3.00 to 3.49............................................           0.06
3.50 to 3.99............................................           0.07
4.00 to 4.49............................................           0.08
4.50 and up.............................................           0.09
------------------------------------------------------------------------

    (d) A tolerance applies to tobacco other than flue-cured or burley, 
if the

[[Page 88]]

determined acreage exceeds the allotment by more than the administrative 
variance but by not more than the tolerance. Such excess acreage of 
tobacco may be adjusted to the effective farm acreage allotment to avoid 
marketing quota penalties or receive price support.
    (e) Tolerance for peanuts is the larger of 1.0 acre or 5 percent of 
the reported acreage, not to exceed 10.0 acres.

[61 FR 37552, July 18, 1996, as amended at 65 FR 8246, Feb. 18, 2000]