- (a) Tolerance is the amount by which the determined acreage for a crop may differ from the reported acreage or allotment for the crop and still be considered in compliance with program requirements under §§ 718.102(b)(1), (b)(3) and (b)(5).
- (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.
(c) Tolerance rules do not apply to:
- (1) Program requirements of §§ 718.102(b)(2), (b)(4) and (b)(6);
- (2) Official fields upon which the entire field is devoted to one crop;
- (3) Those fields for which staking and referencing was performed and such acreage was planted according to those measurements; or
- (4) The adjusted acreage for farms using measurement after planting which have a determined acreage greater than the marketing quota crop allotment.
(d) If the acreage report for a crop is outside the tolerance for that crop:
- (1) FSA may consider the requirements of §§ 718.102 (b)(1), (b)(3) and (b)(5) not to have been met;
- (2) Participants may be ineligible for all or a portion of payments or benefits subject to the requirements of §§ 718.102 (b)(1), (b)(3) and (b)(5); and
- (3) Participants may be ineligible for all or a portion of payments or benefits under a program that requires accurate crop acreage reports under rules governing the program.
[68 FR 16176, Apr. 3, 2003, as amended at 80 FR 41996, July 16, 2015; 84 FR 45887, Sept. 3, 2019]