USDA Reporting Compliance: Is the Farmer or Landowner Responsible?

USDA compliance is an important part of farmland management, as it enables participation in many key programs. But who’s responsible for maintaining compliance and submitting the necessary reports: the farmer or the landowner?

Let’s walk through some key aspects of USDA reporting and compliance, and why it’s important to maintain clear, open communication at each stage. 

What is USDA reporting compliance & why does it matter? 

Part of the USDA’s critical role in the agricultural industry is collecting and analyzing data on crop and livestock production. This data then informs key policy decisions and helps the federal government support the overall health of the sector.

To collect that data, the USDA requires a number of reports from U.S. farm operations throughout the year. Submitting these reports with accurate data is key to qualifying for a number of programs and services. 

Additionally, as we’ll see later, there are consequences for late or no reporting, including legal liability and financial penalties. 

If you fail to comply with USDA reporting, that could mean loss of access to a number of programs and benefits, including the following. 

Financial benefits

USDA can provide financial assistance to qualifying farmers, as well as access to loan programs to help improve their operations and increase their profits.  Additionally, farmers may be eligible for low-interest loans to help them purchase equipment, land, or other operational assets.

Market access

USDA can help farmers participate in various programs that can open up new markets and opportunities for them to sell their products. This can include export promotion programs, which can help farmers sell their products in foreign markets, as well as certifications—like organic—that provide access to new markets.

Compliance

USDA can help farmers ensure compliance with government regulations and reduce the risk of penalties and fines. This can include compliance with regulations related to food safety, pesticide use, and more.

Disaster assistance

USDA can make farmers eligible for disaster assistance if their crops are damaged or destroyed by natural disasters. This can include financial assistance to help them recover from the damage and replant their crops.

Conservation programs

Can provide farmers with access to programs that can help them improve the health and productivity of their land, including soil and water conservation, wildlife habitat improvement, and more. These programs can help farmers reduce their environmental impact, increase the sustainability of their operations, and improve the overall health of their land.

Public policy impact

The information collected from USDA reports is used to inform a number of key policy decisions across the federal, state, and local levels. By providing accurate information on a regular basis, farmers and landowners can provide the information necessary to create positive policy outcomes for their communities and the industry as a whole. 

Key USDA reporting requirements

U.S. agricultural operations are responsible for a number of reports throughout the year. Here are some of the most common and necessary. 

Crop acreage report

The data collection from crop acreage reports is used to:

• Determine compliance with USDA farm programs

• Determine the amount of insurance provided and the premium charged

• Verify compliance with Highly Erodible Land Conservation and Wetland Conservation provisions

• Inform USDA agency program decisions

• Determine producer eligibility for commodity loans and loan deficiency payments

• Determine crop and producer eligibility for participation in certain USDA programs

To file a crop acreage report, you will need to provide:

• Crop and crop type or variety

• Intended use of the crop

• Number of acres of the crop

• Map with approximate boundaries for the crop

• Planting date(s)

• Planting pattern, when applicable

• Producer shares

• Irrigation practice(s)

• Acreage prevented from planting, when applicable

• Other information as required

Plant and Fail

These reports capture total planted acres, including those that failed. This information is used to determine the overall yield of a certain crop, and inform the agency's decisions on disaster assistance, crop insurance, and more.

Prevent Plant

Prevent Plant reports count the acres that farmers could not plant due to various reasons such as weather conditions, lack of equipment, or other factors. This information determines the overall plantable acres and informs the agency's decision-making on disaster assistance and other programs.

How to submit reports to the USDA

Reporting to the USDA typically involves completing a series of forms, including the Acreage Report form. This can be submitted online, at a local USDA office, or through your crop insurance agent. 

Key deadlines

The timeline for reporting will vary depending on the type of information being reported and the specific requirements set forth by the USDA. Farmers and landowners are required to report their acreage information to the USDA by a specific date each year, typically in June.

It's also important to note that if farmers realize they have made errors in their initial reporting, they can submit an amendment to the Acreage Report.

Consequences for not reporting

Failure or missing the deadline to report or the USDA can result in legal liability, financial penalties, and ineligibility for programs and services. Failure to report failed acres or acres that were unable to be planted can also result in a loss of eligibility for disaster assistance and crop insurance programs. This can be a major blow to both parties’ ability to operate and manage the land.

Who’s responsible for USDA reports: the tenant or the landowner?

The landowner and tenant both have responsibilities for USDA reporting. However, the landowner carries most of the weight to ensure compliance and report any changes in operation.

Specifically, landowners have a responsibility to report any changes in the operation to the USDA and ensure compliance with regulations to avoid legal liability and financial penalties.

However, farmers are responsible for reporting crop yields, livestock numbers, and other information required by the USDA. Including:

• Accurate and detailed information on the total planted acres

• Planted acres that failed

• Acres unable to be planted

Also, farmers should also be aware of and comply with any regulations specific to the type of crops or livestock they are growing.

Why landowners & farmers should have open communication regarding USDA reporting

It’s crucial for landowners and farmers to have open and transparent communication when it comes to reporting to the USDA. 

This ensures that both parties are aware of their responsibilities and can work together to ensure compliance and avoid any potential penalties or consequences.

Although the information listed above is a good rule of thumb, it’s important to specifically lay out reporting expectations in your land lease agreement. That way, there’s no confusion, and you don’t risk a penalty because the landowner thought the farmer was reporting (or vice versa).

For landowners who are considering leasing or re-leasing their land, use our CashRentstimate tool to calculate your current value. 

For farmers who are looking to expand their operation, sign up for notifications of new listings as they come in.