[Code of Federal Regulations]
[Title 7, Volume 7]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR729.204]

[Page 189]
 
                          TITLE 7--AGRICULTURE
 
                            CHAPTER VII--FARM
                SERVICE AGENCY, DEPARTMENT OF AGRICULTURE
 
PART 729--PEANUTS--Table of Contents
 
 Subpart B--Poundage Quotas, Notices of Quotas, Transfers, and Release 
                           and Reapportionment
 
Sec. 729.204  Temporary seed quota allocation.

    (a) Applicability. The temporary allocation of quota pounds, as 
provided in this section shall be determined:
    (1) For the marketing year only in which the crop is planted;
    (2) For eligible producers for each of the 1996 through 2002 
marketing years; and
    (3) To exclude the production of green peanuts and peanuts produced 
under the one-acre exemption provided for in 7 CFR 729.306.
    (b) Quantity of allocation. The temporary quota allocated to a 
producer shall be the farmers stock equivalent pounds of qualifying seed 
peanuts considered planted on the farm as determined by FSA by 
multiplying the acres determined planted to qualifying peanuts times the 
per-acre planting rates of:
    (1) 95 pounds for Runner-type peanuts;
    (2) 110 pounds for Virginia peanuts;
    (3) 80 pounds for Spanish peanuts; and
    (4) 80 pounds for Valencia peanuts.
    (c) Conversion factor. For the purpose of determining the farmers 
stock basis for temporary seed quota allocations under this section, the 
amount of seed planted as determined in accord with paragraph (b) of 
this section shall be multiplied by a factor of 1.5.
    (d) Time of notification. The notice of determination for temporary 
seed quota allocations shall be made by the Deputy Administrator as soon 
as practicable following the deadline for filing certifications of 
planted acres.
    (e) Penalty for erroneous certification. If the certified acreage on 
which the temporary seed quota allocation is made is greater than the 
determined acreage, by more than the larger of 1 acre or 5 percent of 
the certified acreage not to exceed 10 acres, and the producer marketed 
the production for the acreage based upon an allocation of temporary 
seed quota on certified acres not determined, a penalty will be 
determined by multiplying the difference between the certified and 
determined acreage times the applicable per acre seeding rate times 140 
percent of the per pound quota support rate for the applicable crop 
year. The penalty amount shall be calculated by multiplying the 
difference between the certified and determined peanut acreage by the 
applicable per acre seeding rate used in the calculation of the 
temporary seed quota by 140 percent of the applicable per pound quota 
support rate for the crop year involved. In addition, a commensurate 
penalty at the same rate may be assessed in cases within the tolerance 
allowed by the previous sentence in any instance in which the variance 
is determined to be due to a scheme or device to defeat the purposes of 
the program, or is repeated. Further, all errors may in all cases result 
in a commensurate diminution of the quota allowed the farm for the 
following year.

[61 FR 36999, July 16, 1996, as amended at 62 FR 25438, May 9, 1997; 65 
FR 8247, Feb. 18, 2000]