7 C.F.R. § 718.6

Controlled substance

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(a) The following terms apply to this section:

(1) USDA benefit means the issuance of any grant, contract, loan, or payment by appropriated funds of the United States.

(2) Person means an individual.

(b) Notwithstanding any other provision of law, any person convicted under Federal or State law of:

(1) Planting, cultivating, growing, producing, harvesting, or storing a controlled substance in any crop year is ineligible during the crop year of conviction and the four succeeding crop years, for any of the following USDA benefits:

(i) Any payments or benefits under part 1412 of this title;

(ii) Any payments or benefits for losses to crops or livestock covered under disaster programs administered by FSA;

(iii) Any price support loan available in accordance with part 1421 of this title;

(iv) Any price support made under the Commodity Credit Corporation Charter Act;

(v) A farm storage facility loan made under section 4(h) of the Commodity Credit Corporation Charter Act or any other Act;

(vi) Crop Insurance under the Federal Crop Insurance Act;

(vii) A loan made or guaranteed under the Consolidated Farm and Rural Development Act or any other law administered by FSA's Farm Loan Programs.

(2) Possession or trafficking of a controlled substance, is ineligible for any or all USDA benefits:

(i) At the discretion of the court,

(ii) To the extent and for a period of time the court determines.

(c) If a person denied benefits under this section is a shareholder, beneficiary, or member of an entity or joint operation, benefits for which the entity or joint operation is eligible will be reduced, for the appropriate period, by a percentage equal to the total interest of the shareholder, beneficiary, or member.

[72 FR 63284, Nov. 8, 2007, as amended at 84 FR 45886, Sept. 3, 2019]

Notes of Decisions

Cited in 5 cases (1 in the last 5 years), 1986–2021 · leading case: Don Olenhouse v. Commodity Credit Corp., 42 F.3d 1560 (10th Cir. 1994).

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Don Olenhouse v. Commodity Credit Corp., 42 F.3d 1560 (10th Cir. 1994). “, 7 C.F.R. § 718.6 (b) (compliance audits).”

United States, Small Bus. Admin. v. Gore (In Re Gore), 124 B.R. 75 (Bankr. E.D. Ark. 1990). “” 7 C.F.R. § 718.6 (a). The federal regulations also require the participant to “implement a conservation plan” by, among other things, withholding the set-aside acreage from production and providing a vegetative cover to control soil erosion.”

Pettersen v. United States, 10 Cl. Ct. 194 (Ct. Cl. 1986). “7 C.F.R. § 718.6 (c)(2). . 7 U.S.C. § 1385 provides: The facts constituting the basis for any Soil Conservation Act payment, any payment under the wheat, feed grain, upland cotton, extra long staple cotton, and rice programs authorized by the Agricultural Act of 1949 and this…”

In Re Gerth, 136 B.R. 241 (Bankr. D.S.D. 1991). “” 7 C.F.R. § 718.6 (a). The federal regulations also require the participant to “implement a conservation plan” by, among other things, withholding the set-aside acreage from production and providing a vegetative cover to control soil erosion.”

State v. Jacob D. Zwiefelhofer (Wis. Ct. App. 2021). · cites it 3× “The State argued that Zwiefelhofer’s assertion that a felony conviction would make him ineligible for federal farming benefits was incorrect because only controlled substance convictions served as a basis to deny federal farming benefits under 7 C.F.R. § 718.6 (2018). In…”

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