The Risk Management Agency issued several press releases directed at producers who may be prevented from planting because of flooding or excess moisture. To qualify for prevented planting, acreage must be prevented from planting due to an insurable cause of loss that is general to the surrounding area that prevented other producers from planting acreage with similar characteristics, and the acreage must be at least 20 acres or 20 percent of the crop acreage in the unit.
RMA suggests producers contact their agent to determine their options, which include: (1) planting the insured crop during the late planting period with a reduced guarantee; (2) not planting a crop and receive the prevented planting payment; (3) plant the acreage to another crop after the late planting period ends and receive a reduced prevented planting payment; or (4) plant a cover crop and receive a full prevented planting payment as long as the cover crop is not hayed or grazed before November 1 or harvested at any time. If the producer is prevented from planting, they must provide notice within 72 hours after the final planting date if they do not intend or are unable to plant the crop within the applicable law planting period.
ANALYSIS – There is no question that the flooding is reaching historic levels and producers will be prevented from planting. These press releases give producers their options.
All statements made are opinions of the author and are not intended to provide legal opinions or legal advice.