cfr_sections
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 29:29:4.1.3.1.11.0.1.1 | 29 | Labor | XII | 1430 | PART 1430—FEDERAL MEDIATION AND CONCILIATION SERVICE ADVISORY COMMITTEES | § 1430.1 Scope and purpose. | FMCS | (a) This part contains the Federal Mediation and Conciliation Service's regulations implementing section 8(a) of the Federal Advisory Committee Act (Pub. L. 92-463, 86 Stat. 770, (5 U.S.C. App.)), which requires each agency head to establish uniform guidelines and management controls for the advisory committees. These regulations supplement the Government-wide guidelines issued jointly by the Office of Management and Budget and the Department of Justice, and should be read in conjunction with them. (b) The regulations provided under this part do not apply to statutorily created or established advisory committees of the Service, to the extent that such statutes have specific provisions different from those promulgated herein. | |||||||
| 29:29:4.1.3.1.11.0.1.2 | 29 | Labor | XII | 1430 | PART 1430—FEDERAL MEDIATION AND CONCILIATION SERVICE ADVISORY COMMITTEES | § 1430.2 Definitions. | FMCS | For the purposes of this part: (a) The term Act means the Federal Advisory Committee Act; (b) The term advisory committee means any committee, board, commission, counsel, conference, panel, task force, or other similar group, or any subgroup or subcommittee thereof which is: (1) Established by statute or reorganization, plan, or (2) Established or utilized by the President, or (3) Established or utilized by one or more agencies or officers of the Federal Government in the interest of obtaining advice or recommendations for the President or one or more agencies of the Federal Government, except that such term excludes: (i) The Advisory Commission on Intergovernmental Relations; (ii) The Commission on Government Procurement; and (iii) Any committee which is composed wholly of full-time officers or employees of the Federal Government. (c) The term agency has the same meaning as in 5 U.S.C. 552(1); (d) The term committee management officer means the Federal Mediation and Conciliation Service employee or his delegee, officially designated to perform the advisory committee management functions delineated in this part; (e) The term Service means the Federal Mediation and Conciliation Service; (f) The term OMB means the Office of Management and Budget; (g) The term Director means the Director of the Federal Mediation and Conciliation Service; (h) The term secretariat means the OMB Committee Management Secretariat. | |||||||
| 29:29:4.1.3.1.11.0.1.3 | 29 | Labor | XII | 1430 | PART 1430—FEDERAL MEDIATION AND CONCILIATION SERVICE ADVISORY COMMITTEES | § 1430.3 Establishment of advisory committees. | FMCS | (a) Guidelines for establishing advisory committees. The guidelines in establishing advisory committees are as follows: (1) No advisory committee shall be established if its functions are being or could be performed by an agency or an existing committee; (2) The purpose of the advisory committee shall be clearly defined; (3) The membership of the advisory committee shall be fairly balanced in terms of the points of view represented and the committee's functions; (4) There shall be appropriate safeguards to assure that an advisory committee's advice and recommendations will not be inappropriately influenced by any special interests; and (5) At least once a year, a report shall be prepared for each advisory committee, describing the committee's membership, functions, and actions. (b) Advisory committees established by the Service not pursuant to specific statutory authority. (1) Advisory committees established by the Service not pursuant to specific statutory authority may be created by the Director after consultation with the secretariat. (2) When the Director determines that such an advisory committee needs to be established, he shall notify the secretariat of his determination and shall inform the secretariat of the nature and purpose of the committee, the reasons why the committee is needed, and the inability of any existing agency or committee to perform the committee's functions. (3) After the secretariat has determined that establishment of such a committee is in conformance with the Act and has so informed the Director, the Director shall prepare a certification of the committee, stating the committee's nature and purpose, and that it is established in the public interest. That certification shall be published in the Federal Register. (c) Advisory committees created pursuant to Presidential directive. Advisory committees established by Presidential directive are those created pursuant to Executive Order, executive memorandum, or reorganization plan. The Director shall create such committees … | |||||||
| 29:29:4.1.3.1.11.0.1.4 | 29 | Labor | XII | 1430 | PART 1430—FEDERAL MEDIATION AND CONCILIATION SERVICE ADVISORY COMMITTEES | § 1430.4 Filing of advisory committee charter. | FMCS | (a) Filing charter with Director. Before an advisory committee takes any action or conducts any business, a charter shall be filed with the Director, the standing committees of Congress with legislative jurisdiction over the Service, and the Library of Congress. Except for a committee in existence on the effective date of the Act, or when authorized by statute, Presidential directive, or by the secretariat, such charter shall be filed no earlier than 30 days after publication of the committee's certification in the Federal Register. (b) Charter information. A charter shall contain the following information: (1) The committee's official designation; (2) The committee's objectives and scope of activity; (3) The period of time necessary for the committee to carry out its purposes; (4) The agency or official to whom the advisory committee reports; (5) The agency responsible for providing necessary support; (6) A description of the committee's duties; (7) The estimated number and frequency of committee meetings; (8) The estimated annual operating costs in dollars and man-years; (9) The committee's termination date, if less than two years; and (10) The date the charter is filed. (c) Preparation and filing of initial charter. Responsibility for preparation of the initial committee charter shall be with the head of the appropriate program within the Service, in cooperation with the committee management officer. The Director of Administration shall have responsibility for assuring the appropriate filings of such charters. | |||||||
| 29:29:4.1.3.1.11.0.1.5 | 29 | Labor | XII | 1430 | PART 1430—FEDERAL MEDIATION AND CONCILIATION SERVICE ADVISORY COMMITTEES | § 1430.5 Termination of advisory committees. | FMCS | (a) All nonstatutory advisory committees including those authorized, but not specifically created by statute, shall terminate no later than 2 years after their charters have been filed, unless renewed as provided in § 1430.6. (b) The charter of any committee in existence on the date the Act became effective (January 5, 1973) shall terminate no later than January 5, 1975, unless renewed, as provided in § 1430.6. (c) Advisory committees specifically created by statute shall terminate as provided in the establishing statute. | |||||||
| 29:29:4.1.3.1.11.0.1.6 | 29 | Labor | XII | 1430 | PART 1430—FEDERAL MEDIATION AND CONCILIATION SERVICE ADVISORY COMMITTEES | § 1430.6 Renewal of advisory committees. | FMCS | (a) Renewal of advisory committees not created pursuant to specific statutory authority. (1) The Director may renew an advisory committee not created pursuant to specific statutory authority after consultation with the secretariat. (2) When the Director determines that such an advisory committee should be renewed, he shall so advise the secretariat within 60 days prior to the committee's termination date and shall state the reasons for his determination. (3) Upon concurrence of the secretariat, the Director shall publish notice of the renewal in the Federal Register and cause a new charter to be prepared and filed in accordance with the provisions of § 1430.3. (b) Renewal of advisory committees established pursuant to specific statutory authority. The Director may renew advisory committees established pursuant to specific statutory authority through the filing of a new charter at appropriate 2-year intervals. (c) No advisory committee shall take any action or conduct any business during the period of time between its termination date and the filing of its renewal charter. | |||||||
| 29:29:4.1.3.1.11.0.1.7 | 29 | Labor | XII | 1430 | PART 1430—FEDERAL MEDIATION AND CONCILIATION SERVICE ADVISORY COMMITTEES | § 1430.7 Application of the Freedom of Information Act to advisory committee functions. | FMCS | (a) Subject to 5 U.S.C. 552, the records, reports, transcripts, minutes, appendices, working papers, drafts, studies, agenda, and other documents which are made available to or are prepared for or by an advisory committee shall be available to the public. (b) Advisory committee meeting conducted in accordance with § 1430.7 may be closed to the public when discussing a matter that is of a 5 U.S.C. 552(b) nature, whether or not the discussion centers on a written document. (c) No record, report, or other document prepared for or by an advisory committee may be withheld from the public unless the Office of the General Counsel determines that the document is properly within the exemptions of 5 U.S.C. 552(b). No committee meeting, or portion thereof, may be closed to the public unless the Office of the General Counsel determines in writing, prior to publication of the meeting in the Federal Register that such a closing is within the exemptions of 5 U.S.C. 552(b). | |||||||
| 29:29:4.1.3.1.11.0.1.8 | 29 | Labor | XII | 1430 | PART 1430—FEDERAL MEDIATION AND CONCILIATION SERVICE ADVISORY COMMITTEES | § 1430.8 Advisory committee meetings. | FMCS | (a) Initiation of meetings. (1) Committee meetings may be called by: (i) The Director or the head of the office most directly concerned with the committee's activities; (ii) The agency officer referred to in paragraph (a)(1)(i) of this section, and the committee chairman, jointly; or (iii) The committee chairman, with the advance approval of the officer referred to in paragraph (a)(1)(i) of this section. (2) The Service's committee management officer shall be promptly informed that a meeting has been called. (b) Agenda. Committee meetings shall be based on agenda approved by the officer referred to in paragraph (a)(1) of this section. Such agenda shall note those items which may involve matters which have been determined by the Office of the General Counsel as coming within the exemptions to the Freedom of Information Act, 5 U.S.C. 552(b). (c) Notice of meetings. (1) Notice of advisory committee meetings shall be published in the Federal Register at least 7 days before the date of the meeting, irrespective of whether a particular meeting will be open to the public. Notice to interested persons shall also be provided in such other reasonable ways as are appropriate under the circumstances, such as press release or letter. Responsibility for preparation of Federal Register and other appropriate notice shall be with the officer referred to in paragraph (a)(1) of this section. (2) Notice in the Federal Register shall state all pertinent information related to a meeting and shall be published at least 7 days prior to a meeting. (d) Presence of agency officer or employee at meetings. No committee shall meet without the presence of the officer referred to in paragraph (a)(1) of this section, or his delegate. At his option the officer or employee may elect to chair the meeting. (e) Minutes. Detailed minutes shall be kept of all committee meetings and shall be certified by the chairman of the advisory committee as being accurate. (f) Adjournment. The officer or employee referred to in paragraph… | |||||||
| 29:29:4.1.3.1.11.0.1.9 | 29 | Labor | XII | 1430 | PART 1430—FEDERAL MEDIATION AND CONCILIATION SERVICE ADVISORY COMMITTEES | § 1430.9 Agency management of advisory committees. | FMCS | Consistent with the other provisions of this part, the Service's advisory committee management officer shall: (a) Exercise control and supervision over the establishment, procedures, and accomplishments of advisory committees established by the Service; (b) Assemble and maintain the reports, records, and other papers of advisory committees, during their existence; (c) Carry out, with the concurrence of the Office of the General Counsel, the provisions of the Freedom of Information Act, as those provisions apply to advisory committees; (d) Have available for public inspection and copying all pertinent documents of advisory committees which are within the purview of the Freedom of Information Act; and (e) When transcripts have been made of advisory committee meetings, provide for such transcripts to be made available to the public at actual cost of duplication, except where prohibited by contractual agreements entered into prior to January 5, 1973, the effective date of the Federal Advisory Committee Act. | |||||||
| 7:7:10.1.2.2.20.2.330.1 | 7 | Agriculture | XIV | B | 1430 | PART 1430—DAIRY PRODUCTS | B | Subpart B—Milk Income Loss Contract Program | § 1430.200 Applicability. | CCC | (a) This subpart governs the Milk Income Loss Contract Program. This program provides financial assistance to dairy operations in connection with milk production that is sold in the commercial market. | ||||
| 7:7:10.1.2.2.20.2.330.10 | 7 | Agriculture | XIV | B | 1430 | PART 1430—DAIRY PRODUCTS | B | Subpart B—Milk Income Loss Contract Program | § 1430.209 Proof of market loss production. | CCC | [67 FR 64476, Oct. 18, 2002, as amended at 71 FR 19623, Apr. 17, 2006; 73 FR 73767, Dec. 4, 2008] | (a) A dairy operation entering into a MILC must, based on instructions issued by the Deputy Administrator, provide adequate proof of the dairy operation's eligible production during the months of each fiscal year designated in the MILC. The dairy operation must also provide proof that the eligible production was commercially marketed during the months beginning October 1, 2007, and ending September 30, 2012. Evidence of milk production claimed for payment shall be provided to CCC with supporting documentation under paragraph (b) of this section. All information provided is subject to verification, spot check and audit by FSA. Further verification information may be obtained from the dairy operation's milk handler or marketing cooperative if deemed necessary by CCC to verify provided information. Refusal to allow a representative of CCC or any other agency of the Department of Agriculture to verify any information provided will result in a determination of ineligibility for benefits under this subpart. (b) Eligible dairy operations marketing milk during the period specified in the MILC shall provide any available supporting documents from all producers in the dairy operation to assist CCC in verifying that the dairy operation produced and marketed milk commercially from the designated starting month and thereafter. Examples of supporting documentation include, but are not limited to: milk marketing payment stubs, tank records, milk handler records, daily milk marketings, copies of any payments received as compensation from other sources, or any other documents available to confirm the production and production history of the dairy operation. Producers may also be required to allow CCC to examine the herd of cattle as production evidence. If supporting documentation requested is not presented to CCC or FSA, the request for MILC benefits will be disapproved. | |||
| 7:7:10.1.2.2.20.2.330.11 | 7 | Agriculture | XIV | B | 1430 | PART 1430—DAIRY PRODUCTS | B | Subpart B—Milk Income Loss Contract Program | § 1430.210 MILC agents. | CCC | (a) MILC benefits may be disbursed by a dairy marketing cooperative that serves special groups or communities, such as an Amish or Mennonite community. Producers in such groups in a dairy operation may authorize an agent of a dairy cooperative or milk handler affiliated with such cooperative to obtain and disburse MILC benefits to the dairy operation. (b) The authorized MILC agent must on behalf of the dairy operation do the following: (1) Obtain an acceptable power of attorney or acceptable equivalent for the producers of the dairy operation that authorizes the agent to enter into an MILC contract; (2) Enter into a written agreement with CCC for approval to act as a MILC agent on a form prescribed by CCC; (3) Provide the dairy operation's monthly production evidence to the appropriate FSA office; (4) Disburse payment to the dairy operation in the producer's monthly milk check or in an otherwise approved manner. | ||||
| 7:7:10.1.2.2.20.2.330.12 | 7 | Agriculture | XIV | B | 1430 | PART 1430—DAIRY PRODUCTS | B | Subpart B—Milk Income Loss Contract Program | § 1430.211 Duration of contracts. | CCC | [67 FR 64476, Oct. 18, 2002, as amended at 71 FR 19623, Apr. 17, 2006; 73 FR 73768, Dec. 4, 2008] | (a) Except as provided in § 1430.205, or elsewhere in this subpart, a MILC entered into by producers in a dairy operation shall cover eligible production marketed by the producers in the dairy operation during the period beginning with the first day of the month the producers in the dairy operation enter into an MILC and ending on September 30, 2012. (b) If a dairy goes out of business during the contract period, the MILC will be terminated immediately, except as applicable to earned payments. | |||
| 7:7:10.1.2.2.20.2.330.13 | 7 | Agriculture | XIV | B | 1430 | PART 1430—DAIRY PRODUCTS | B | Subpart B—Milk Income Loss Contract Program | § 1430.212 Contract modifications and statutory changes in program. | CCC | [67 FR 64476, Oct. 18, 2002, as amended at 73 FR 73768, Dec. 4, 2008] | (a) Producers in a dairy operation must notify FSA immediately of any changes that may affect their MILC. Changes include, but are not limited to changes to the starting month to receive payment for the next fiscal year, death of producer on the contract, new member joining the operation, member exiting the operation, transfer of shares by sale or other transfer action, or farm reconstitutions undertaken in accordance with § 1430.213. (b) CCC may modify an MILC if such modifications are desirable to carry out purposes of the program or to facilitate the program's administration. (c) Payments otherwise due under this subpart or the program will be adjusted or denied to the extent provided for by a statutory change in program eligibilities or requirements of any kind irrespective of whether the program contract preceded the statutory change. Operations will be given the option of accepting the changes or terminating the contract. | |||
| 7:7:10.1.2.2.20.2.330.14 | 7 | Agriculture | XIV | B | 1430 | PART 1430—DAIRY PRODUCTS | B | Subpart B—Milk Income Loss Contract Program | § 1430.213 Reconstitutions. | CCC | [67 FR 64476, Oct. 18, 2002, as amended at 73 FR 73768, Dec. 4, 2008] | (a) A dairy operation receiving MILC benefits may reorganize or restructure such that the constitution or makeup of its operation is reconstituted in another organizational framework. However, any operation that reorganizes or restructures after October 1, 2007, is subject to a review by FSA to determine if the operation was reorganized or restructured for the sole purpose of receiving multiple or additional MILC payments. (b) A dairy operation that FSA determines has reorganized solely to receive additional MILC payments will be in violation of its contract and dealt in accordance with § 1430.214. (c) If during the contract period a change in the dairy operation occurs, the modification to the MILC will not take effect until the first day of the fiscal year following the month FSA received notification of the changes. Changes include but are not limited to any producer affiliated with a dairy operation that has an approved MILC with CCC forming a new dairy operation that is not formed solely to receive additional MILC payments. (d) Changes resulting in the following will take effect immediately upon notification to CCC, in accordance with § 1430.212: (1) Increases or reductions of shareholders or producers and their corresponding share amounts in the dairy operation; or (2) Purchases of a new dairy operation by a producer or producers not affiliated with an existing dairy operation that has an approved MILC with CCC. | |||
| 7:7:10.1.2.2.20.2.330.15 | 7 | Agriculture | XIV | B | 1430 | PART 1430—DAIRY PRODUCTS | B | Subpart B—Milk Income Loss Contract Program | § 1430.214 Violations. | CCC | (a) If producers in a dairy operation violates the MILC or the requirements of this subpart, CCC may: (1) Terminate the MILC for the remainder of the fiscal year in which the violation occurs, and allow the producer to retain any payments received under the contract; or (2) Allow the MILC to remain in effect and require the producer to repay a portion of the payments received commensurate with the violation's severity, as CCC determines. (3) If the MILC is terminated under this section, the participant shall forfeit all rights to further MILC benefits and shall refund all or part of the payments received as CCC determines appropriate. (4) A producer or operation with a violation, as determined by CCC, shall refund all MILC funds disbursed under of this part. The remedies provided in this subpart shall be in addition to other civil, criminal, or administrative remedies which may apply. (b) A MILC is violated by the following actions: (1) Failure to comply with the terms and conditions of the MILC and addendum; (2) Reconstitutions of the dairy operation for the sole purpose of receiving multiple program benefits; (3) Failure to comply with highly erodible land conservation and wetland provisions of this 7 CFR part 12 or their successor regulations; (4) Failure to meet the definition of a dairy operation according to § 1430.202; (5) Any action that tends to defeat the purpose of the program, as CCC determines. (c) The Deputy Administrator for Farm Programs (DAFP) of the Farm Service Agency may terminate any MILC by mutual agreement upon request of the participant if DAFP determines that termination is in the best interest of the public. (d) The DAFP may determine that failure of the dairy operation to perform the MILC does not warrant termination and may require the participant to refund part of the payments received or accept adjustments in the payment as the DAFP determines to be appropriate. | ||||
| 7:7:10.1.2.2.20.2.330.16 | 7 | Agriculture | XIV | B | 1430 | PART 1430—DAIRY PRODUCTS | B | Subpart B—Milk Income Loss Contract Program | § 1430.215 [Reserved] | CCC | |||||
| 7:7:10.1.2.2.20.2.330.17 | 7 | Agriculture | XIV | B | 1430 | PART 1430—DAIRY PRODUCTS | B | Subpart B—Milk Income Loss Contract Program | § 1430.216 Contracts not in conformity with regulations. | CCC | If it is discovered that an MILC contract does not comply with this subpart as the result of a misunderstanding by someone who has signed the contract, the contract may be modified by mutual agreement. If the parties to the MILC cannot reach agreement for such modification, it shall be terminated and all payments paid or payable under the contract shall be forfeited or refunded to CCC, except as may otherwise be allowed under § 1430.214. | ||||
| 7:7:10.1.2.2.20.2.330.18 | 7 | Agriculture | XIV | B | 1430 | PART 1430—DAIRY PRODUCTS | B | Subpart B—Milk Income Loss Contract Program | § 1430.217 Offsets and withholdings. | CCC | CCC may offset or withhold any amount due CCC under this subpart under the provisions of part 1403 of this chapter or any successor regulations. | ||||
| 7:7:10.1.2.2.20.2.330.19 | 7 | Agriculture | XIV | B | 1430 | PART 1430—DAIRY PRODUCTS | B | Subpart B—Milk Income Loss Contract Program | § 1430.218 Assignments. | CCC | Any producer may assign a payment to be made under this part in accordance with part 1404 of this chapter or successor regulations as designated by the Department. | ||||
| 7:7:10.1.2.2.20.2.330.2 | 7 | Agriculture | XIV | B | 1430 | PART 1430—DAIRY PRODUCTS | B | Subpart B—Milk Income Loss Contract Program | § 1430.201 Administration. | CCC | (a) This program is administered under the general supervision of the Executive Vice President, CCC, or a designee, and shall be carried out by Farm Service Agency (FSA) State and county committees and employees. (b) State and county committees, and their employees may not waive or modify any requirement of this subpart, except as provided in paragraph (e) of this section. (c) The State committee shall take any action required when not taken by the county committee, require correction of actions not in compliance, or require the withholding of any action that is not in compliance with this subpart. (d) The Executive Vice President, CCC, or a designee, may determine any question arising under the program or reverse or modify any decision of the State or county committee. (e) The Deputy Administrator, Farm Programs, FSA, may waive or modify program requirements where failure to meet such requirements does not adversely affect the operation of the Milk Income Loss Contract Program. (f) A representative of CCC may execute Milk Income Loss Contracts and related documents under the terms and conditions determined and announced by CCC. Any document not under such terms and conditions, including any purported execution before the date authorized by CCC, shall be null and void. | ||||
| 7:7:10.1.2.2.20.2.330.20 | 7 | Agriculture | XIV | B | 1430 | PART 1430—DAIRY PRODUCTS | B | Subpart B—Milk Income Loss Contract Program | § 1430.219 Appeals. | CCC | Any producer who is dissatisfied with a determination made pursuant to this subpart may request reconsideration or appeal of such determination under part 11 or 780 of this title. | ||||
| 7:7:10.1.2.2.20.2.330.21 | 7 | Agriculture | XIV | B | 1430 | PART 1430—DAIRY PRODUCTS | B | Subpart B—Milk Income Loss Contract Program | § 1430.220 Misrepresentation and scheme or device. | CCC | (a) A dairy operation shall be ineligible for the MILC program if FSA determines that it knowingly: (1) Adopted a scheme or device that tends to defeat the purpose of this program; (2) Made any fraudulent representation; or (3) Misrepresented any fact affecting a determination under this program. CCC will take steps deemed necessary to protect the interests of the government. (b) Any funds disbursed to a producer or operation engaged in a misrepresentation, scheme, or device, shall be refunded to CCC. The remedies provided in this subpart shall be in addition to other civil, criminal, or administrative remedies which may apply. | ||||
| 7:7:10.1.2.2.20.2.330.22 | 7 | Agriculture | XIV | B | 1430 | PART 1430—DAIRY PRODUCTS | B | Subpart B—Milk Income Loss Contract Program | § 1430.221 Estates, trusts, and minors. | CCC | (a) Program documents executed by producers legally authorized to represent estates or trusts will be accepted only if such producers furnish evidence of the authority to execute such documents. (b) A minor who is otherwise eligible for assistance under this part must also: (1) Establish that the right of majority has been conferred on the minor by court proceedings or by statute; (2) Show that a guardian has been appointed to manage the minor's property and the applicable program documents are executed by the guardian; or (3) Furnish a bond under which the surety guarantees any loss incurred for which the minor would be liable had the minor been an adult. | ||||
| 7:7:10.1.2.2.20.2.330.23 | 7 | Agriculture | XIV | B | 1430 | PART 1430—DAIRY PRODUCTS | B | Subpart B—Milk Income Loss Contract Program | § 1430.222 Death, incompetency, or disappearance. | CCC | In the case of death, incompetency, disappearance or dissolution of a producer that is eligible to receive benefits under this part, such persons as are specified in part 707 of this title may receive such benefits, as determined appropriate by FSA. | ||||
| 7:7:10.1.2.2.20.2.330.24 | 7 | Agriculture | XIV | B | 1430 | PART 1430—DAIRY PRODUCTS | B | Subpart B—Milk Income Loss Contract Program | § 1430.223 Maintenance and inspection of records. | CCC | (a) Producers approved for benefits under this program must maintain accurate records and accounts that will document that they meet all eligibility requirements specified herein, as may be requested by CCC or FSA. Such records and accounts must be retained for 3 years after the date of payment to the dairy operation under this program. Destruction of the records 3 years after the date of payment shall be the risk of the party undertaking the destruction. (b) At all times during regular business hours, authorized representatives of CCC, the Department, or the Comptroller General of the United States shall have access to the premises of the dairy operation in order to inspect the herd of cattle, examine, and make copies of the books, records, and accounts, and other written data as specified in paragraph (a) of this section. (c) Any funds disbursed pursuant to this part to any producers or operation who does not comply with the provisions of paragraphs (a) or (b) of this section, or who otherwise receives a payment for which they are not eligible, shall be refunded with interest. | ||||
| 7:7:10.1.2.2.20.2.330.25 | 7 | Agriculture | XIV | B | 1430 | PART 1430—DAIRY PRODUCTS | B | Subpart B—Milk Income Loss Contract Program | § 1430.224 Refunds; joint and several liability. | CCC | (a) In the event of an error on a MILC application, a failure to comply with any term, requirement, or condition for payment arising under the MILC application, or this subpart, all improper payments shall be refunded to CCC together with interest from the date payment was received through the date the refund is received by CCC. (b) All producers signing a dairy operation's application for payment as having an interest in the operation shall be jointly and severally liable for any refund, including related charges, that is determined to be due for any reason under the terms and conditions of the contract application and addendum or this part for such operation. | ||||
| 7:7:10.1.2.2.20.2.330.26 | 7 | Agriculture | XIV | B | 1430 | PART 1430—DAIRY PRODUCTS | B | Subpart B—Milk Income Loss Contract Program | § 1430.225 Violations of highly erodible land and wetland conservation provisions. | CCC | The provisions of part 12 of this title apply to this part. | ||||
| 7:7:10.1.2.2.20.2.330.27 | 7 | Agriculture | XIV | B | 1430 | PART 1430—DAIRY PRODUCTS | B | Subpart B—Milk Income Loss Contract Program | § 1430.226 Violations regarding controlled substances. | CCC | The provisions of § 718.11 of this title apply to this part. | ||||
| 7:7:10.1.2.2.20.2.330.3 | 7 | Agriculture | XIV | B | 1430 | PART 1430—DAIRY PRODUCTS | B | Subpart B—Milk Income Loss Contract Program | § 1430.202 Definitions. | CCC | [67 FR 64476, Oct. 18, 2002, as amended at 71 FR 19622, Apr. 17, 2006; 73 FR 73776, Dec. 4, 2008] | The definitions in this section shall be applicable for all purposes of administering the Milk Income Loss Contract (MILC) program established by this subpart. CCC means the Commodity Credit Corporation of the Department. Class I Milk means milk, including milk components, classified as Class I milk under a Federal milk marketing order. Contract application means a Milk Income Loss Contract as executed on a form prescribed by CCC. Contract application period means the date established by the Deputy Administrator for producers to apply for program benefits. County committee means the FSA county committee. County office means the FSA office responsible for administering FSA programs to farms located in a specific area in a state. Dairy operation means any person or group of persons who as a single unit as determined by CCC, produce and market milk commercially produced from cows, and whose production facilities are located in the United States. In administering this program, for purposes of determining what is a “dairy operation” and its eligibility under this program, those determinations will be made in the same manner as was done for the Dairy Market Loss Assistance (DMLA) contracts in the State in which the dairy is located. New MILC operations, which is to say those operations that did not participate in the MILC program for marketings prior to FY 2008, must be unaffiliated with any other DMLA or MILC operations. Department or USDA means the United States Department of Agriculture. Deputy Administrator means the Deputy Administrator for Farm Programs (DAFP), FSA or a designee. Eligible production means milk that was produced at a time relevant to this program by cows in the United States and marketed commercially by a producer in a participating State. Farm Service Agency or FSA means the Farm Service Agency of the Department. Federal Milk Marketing Order means an order issued under section 8c of the Agricultural Adjustment Act (7 U.S.C. 608c), reenacted with amendments by the Agricultu… | |||
| 7:7:10.1.2.2.20.2.330.4 | 7 | Agriculture | XIV | B | 1430 | PART 1430—DAIRY PRODUCTS | B | Subpart B—Milk Income Loss Contract Program | § 1430.203 Eligibility. | CCC | [67 FR 64476, Oct. 18, 2002, as amended at 71 FR 19622, Apr. 17, 2006; 73 FR 73766, Dec. 4, 2008] | To be eligible to receive payments under this subpart, a dairy operation must: (a) Have produced milk in the United States and commercially marketed the milk produced anytime during the period of October 1, 2007, through September 30, 2012; (b) Enter into a MILC during the contract application period; (c) Agree to all terms and conditions in the MILC and those that are otherwise contained in this subpart and comply with instructions issued by CCC; (d) Provide proof of monthly milk production commercially marketed by all persons in the dairy operation during the contract period, to determine the total pounds of milk that will be converted to hundredweight (cwt.) used for payment; (e) Submit timely production evidence according to § 1430.209; (f) Be actively engaged in the business of producing and marketing agricultural products anytime during the period of October 1, 2007, through September 30, 2012; (g) Meet all adjusted gross income eligibility requirements of part 1400 of this chapter as regards any person or entity seeking to receive payment under this part. No person or entity may, generally, receive any payment for FY 2009 marketings and subsequent marketings if their nonfarm yearly income for the relevant base period for the relevant marketings as determined under the adjusted gross income rules (as in effect when the payment is sought) is over $500,000 as determined under this subpart. Further, for entities an otherwise due payment will be reduced commensurately to the extent that any person with an interest in the entity, as determined under the adjusted gross income rules had such income over that limit for the relevant period; (h) Have submitted a contract during the applicable contract period for FYs 2008 through 2012: (1) Except for 2009, and subject to the start month provision of § 1430.205, must have for any fiscal year or month for which payment is sought to be paid submitted the FY 2008 through 2012 contract before the end of that fiscal year or month or (2) For FY 2008 payments, if pa… | |||
| 7:7:10.1.2.2.20.2.330.5 | 7 | Agriculture | XIV | B | 1430 | PART 1430—DAIRY PRODUCTS | B | Subpart B—Milk Income Loss Contract Program | § 1430.204 Requesting benefits. | CCC | (a) A request for benefits or contract application, under this subpart must be submitted on a form as prescribed by the Agency. Contract applications shall be submitted to the FSA office serving the county where the dairy operation is located. Contract applications must be received by FSA by the close of business on the date established by the Deputy Administrator. Contract applications received after such date shall be disapproved. (b) The dairy operation requesting MILC benefits must certify the accuracy and truthfulness of the information in their contract application. All information provided is subject to verification by CCC. Refusal to allow CCC or any other agency of the Department to verify any information provided will result in disapproval. (c) Contract applications will be approved by execution by FSA and producer of a MILC. All persons who share in the risk of a dairy operation's total production must sign and certify the contract application. | ||||
| 7:7:10.1.2.2.20.2.330.6 | 7 | Agriculture | XIV | B | 1430 | PART 1430—DAIRY PRODUCTS | B | Subpart B—Milk Income Loss Contract Program | § 1430.205 Selection of starting month. | CCC | [71 FR 19622, Apr. 17, 2006, as amended at 73 FR 73766, Dec. 4, 2008] | (a) A dairy operation that enters into a MILC contract with CCC must designate the starting month for each fiscal year for the calculation of payments and pound limits for the operation. Once a start month is chosen for a fiscal year the corresponding month will be the start month for each subsequent fiscal year unless changed by an affirmative request in writing on a form approved by CCC. The production start month must be selected on or before the 14th of the month before the month for which payment is sought. If such date falls on a weekend, the start month selection must be made on the last business day preceding the weekend. A dairy operation cannot select as the start month for payment a month which: (1) Has already begun, except as provided in paragraph (c)(1) of this section; (2) Has already passed; or (3) During which no milk production was produced by the dairy operation. (b) For FY 2009, if the operation signs its FY 2008 through 2012 MILC contract within 30 days of the beginning of the application period it can pick any preceding FY 2009 month as its start month for that period or can use the normal rule of paragraph (c) of this section to pick the start month. (c) Except as provided in paragraph (b) of this section, the start month for a fiscal year may only be (1) For the fiscal year in which the contract is submitted, the month the contract is submitted or (2) For a fiscal year that has not yet begun, any month, provided that a month may not be selected after the 14th of the preceding month. (d) Dairy operations may change the production start month on or before the 14th day of the month previously selected. (e) If a change of the production starting month is not made by the dates required by paragraph (d) of this section, the MILC production starting month cannot be changed until the next fiscal year. If the selected MILC production starting month is never modified, it will remain the same throughout the duration of the contract. (f) MILC payments will be made consecutively to the dairy … | |||
| 7:7:10.1.2.2.20.2.330.7 | 7 | Agriculture | XIV | B | 1430 | PART 1430—DAIRY PRODUCTS | B | Subpart B—Milk Income Loss Contract Program | § 1430.206 [Reserved] | CCC | |||||
| 7:7:10.1.2.2.20.2.330.8 | 7 | Agriculture | XIV | B | 1430 | PART 1430—DAIRY PRODUCTS | B | Subpart B—Milk Income Loss Contract Program | § 1430.207 Dairy operation payment quantity. | CCC | [67 FR 64476, Oct. 18, 2002, as amended at 73 FR 73767, Dec. 4, 2008] | (a) The applicant's payment quantity of milk will be determined by CCC, based on the quantity of milk that was produced and commercially marketed by each dairy operation per fiscal year. (b) The maximum quantity of eligible production for which dairy operations, per separate and distinct operation, are eligible for payment per fiscal year under this subpart will be: (1) 2,400,000 pounds (24,000 cwt.) for FY 2008 (October 1, 2007, through September 30, 2008); (2) 2,985,000 pounds (29,850 cwt.) for FY 2009 (October 1, 2008 through September 30, 2009), FY 2010 (October 1, 2009, through September 30, 2010), FY 2011 (October 1, 2010, through September 30, 2011) and FY 2012 (October 1, 2011, through September 30, 2012), provided further an operation may receive payment for September, 2012, marketings only if its pre-September FY 2012 marketings did not exceed 2,400,000 pounds in which case new marketings that would not put the operation's FY 2012 marketings over 2,400,000 pounds will be eligible for payments otherwise permitted in this rule. (c) In accordance with these regulations, the Deputy Administrator will determine what is a separate and distinct operation. That decision will be final | |||
| 7:7:10.1.2.2.20.2.330.9 | 7 | Agriculture | XIV | B | 1430 | PART 1430—DAIRY PRODUCTS | B | Subpart B—Milk Income Loss Contract Program | § 1430.208 Payment rate and dairy operation payment. | CCC | [67 FR 64476, Oct. 18, 2002, as amended at 71 FR 19623, Apr. 17, 2006; 72 FR 48231, Aug. 23, 2007; 73 FR 73767, Dec. 4, 2008] | (a) Payments under this subpart may be made to dairy operations when the Boston Class I milk price under the applicable Federal milk marketing order is below $16.94 per cwt. No payments will be made to dairy operations for marketings during the months that the Boston Class I milk price under the applicable milk marketing order is equal to or exceeds $16.94. (b) A per-hundredweight payment rate will be determined for the applicable month by: (1) Subtracting from $16.94 the Class I milk price per cwt. in Boston; (2) Multiplying the difference by 34 percent for marketings during the period beginning on October 1, 2007, and ending on September 30, 2008; (3) Multiplying the difference by 45 percent for marketings during the period beginning on October 1, 2008, and ending on August 31, 2012; and (4) Multiplying the difference by 34 percent for marketings in September 2012. (c) The payment rate as calculated as specified in paragraph (b) of this section, will be adjusted to compensate for feed prices when the National Average Dairy Feed Ration Cost for a month is greater than the levels set in paragraphs (c)(1) and (c)(2) of this section. The National Average Dairy Feed Ration Cost per cwt. for each month will be calculated using the same procedures used to calculate the feed components of the estimated price of 16 percent Mixed Dairy Feed per pound noted on page 33 of the USDA monthly Agricultural Prices publication (including the data and factors noted in footnote 4). The payment rate adjustment for Entire Month feed prices will be determined by increasing $16.94 by the percentage that is 45 percent of the percentage by which the National Average Dairy Feed Ration Cost exceeds $7.35 per cwt. (except that $7.35 will be $9.50 for September 2012 marketings.) (d) Each eligible dairy operation payment will be calculated, as determined by the Secretary, by: (1) Converting whole pounds of milk to hundredweight and (2) Multiplying the payment rate determined in paragraphs (b) and (c) of this section by the quantity o… | |||
| 7:7:10.1.2.2.20.3.330.1 | 7 | Agriculture | XIV | B | 1430 | PART 1430—DAIRY PRODUCTS | C | Subpart C—Dairy Product Donation Program | § 1430.300 Administration, purpose, and funding. | CCC | (a) The regulations in this subpart apply for the Dairy Product Donation Program (DPDP). DPDP is authorized by section 1431 of the Agricultural Act of 2014 (Pub. L. 113-79, 7 U.S.C. 9071). (b) DPDP is designed to address low dairy producer margins, through periodic purchases of dairy products, as specified in this subpart. Dairy products purchased for DPDP will be used to provide nutritional assistance to members of low-income groups. (c) The purchase aspect of DPDP will be operated for the Secretary of Agriculture and for the Commodity Credit Corporation by the Farm Service Agency (FSA) under the direction of the FSA's Deputy Administrator for Commodity Operations. Purchases are subject to the terms and conditions in FSA's purchase announcements. The distribution of products purchased through DPDP will be operated for the Secretary under the direction of the Food and Nutrition Service. | ||||
| 7:7:10.1.2.2.20.3.330.2 | 7 | Agriculture | XIV | B | 1430 | PART 1430—DAIRY PRODUCTS | C | Subpart C—Dairy Product Donation Program | § 1430.301 Definitions. | CCC | For purposes of this subpart, the following terms and acronyms apply: 2014 Farm Bill means the Agricultural Act of 2014 (Pub. L. No. 113-79). Actual dairy production margin is as defined in subpart A of this part. AMS means the Agricultural Marketing Service of the USDA. CCC means the Commodity Credit Corporation. Deputy Administrator means the Farm Service Agency Deputy Administrator for Commodity Operations. Distribution means the provision of products purchased through DPDP to low-income groups through FNS food distribution programs in accordance with those program regulations and 7 CFR part 250. DPDP means the Dairy Product Donation Program. FNS means the Food and Nutrition Service of the USDA. FSA means the Farm Service Agency of the USDA. FSA Administrator means Administrator of the Farm Service Agency, USDA. Hundredweight or cwt means 100 pounds. MPP-Dairy means the Margin Protection Program for Dairy provided for in subpart A of this part. NDM means non-fat dry milk. Recipient agencies means agencies or organizations that are eligible to receive donated product for distribution under this subpart. USDA means the United States Department of Agriculture. | ||||
| 7:7:10.1.2.2.20.3.330.3 | 7 | Agriculture | XIV | B | 1430 | PART 1430—DAIRY PRODUCTS | C | Subpart C—Dairy Product Donation Program | § 1430.302 Commencement and termination of DPDP purchases. | CCC | (a) DPDP purchases commence only if approved by the FSA Administrator under the provisions of this subpart. The FSA Administrator will approve DPDP purchases only if the actual dairy production margin has been $4 or less per cwt for each of the preceding 2 months. The actual dairy production margin will be calculated as specified in § 1430.110. The following chart shows an example of the timing for the determination of DPDP purchases. DPDP Purchase Determination Example Based on Dairy Production Margins and 3-Month Maximum for Purchases 1 1 This example assumes that purchases begin in January. In reality, DPDP can—depending on prices and margin triggers—begin on September 1, 2014, which is the start of MPP-Dairy. 2 The full month data for a given month is available at the end of the following month. For example, January data are not available until the end of February. 2 Purchases cannot begin unless domestic cheddar cheese or nonfat dry milk prices are at certain differentials relative to world prices. 3 In the example, June is the 3rd month of consevutive purchases. June would not be calculated as a potential trigger month, but it is shown on the chart to clearly show the concept of 3 months on and 3 months off for purchases. If purchases are taking place during a month, that month cannot be used as a trigger month for a future purchase period. (b) DPDP purchases terminate and are not reinstated until the condition specified in paragraph (a) of this section is again met, whenever any one of the following occurs: (1) If purchases were made for the preceding 3 months, even if the actual dairy production margin remains $4 or less per cwt of milk. (2) If the actual dairy production margin has been greater than $4 per cwt of milk for the immediately preceding month. (3) If the actual dairy production margin has been $4 or less, but more than $3, per cwt for the immediately preceding month and during the same month — (i) The price in the United States for cheddar cheese was more than 5 percent above t… | ||||
| 7:7:10.1.2.2.20.3.330.4 | 7 | Agriculture | XIV | B | 1430 | PART 1430—DAIRY PRODUCTS | C | Subpart C—Dairy Product Donation Program | § 1430.303 DPDP purchases. | CCC | (a) DPDP purchases will be made only for those months that the FSA Administrator has determined meet all the requirements specified in § 1430.302. The purchases are subject to DPDP requirements including price and quantity restrictions specified in this subpart. (b) The Secretary has the authority to determine purchase and distribution methods for dairy product purchases and distribution. Unless otherwise determined by the Secretary, this authority is delegated to the Deputy Administrator in consultation with FNS. (c) FSA and FNS will determine the types and quantities of products that will be purchased, in consultation with public or private nonprofit organizations and State and local agencies eligible to receive such products. (d) The FSA Administrator will determine the quantity of purchases to be made for a qualifying month and will consider the results of any consultations in determining the quantity to be purchased. In making the determination, the FSA Administrator will also take into account a number of factors, including, but not limited to, dairy product market conditions, logistical considerations involved in the efficient and immediate distribution of the dairy products, the potential effect on markets and margins, time constraints of DPDP, and the cost effectiveness of the purchases. Approved quantities for a month will not exceed the amount of product that may be effectively distributed without waste. (e) Purchases may be approved for a qualifying month to the extent that the purchase by FSA can reasonably be expected to be completed in that calendar month and the products delivered to recipient agencies within 90 days. (f) DPDP purchases cannot be stored by or for CCC, and CCC cannot incur storage costs on behalf of recipient agencies for the dairy products. (g) The purchase price of products will be the prevailing market price for like dairy products for private buyers as determined by the Deputy Administrator. That price may be, if approved by the Deputy Administrator, the price determined … | ||||
| 7:7:10.1.2.2.20.3.330.5 | 7 | Agriculture | XIV | B | 1430 | PART 1430—DAIRY PRODUCTS | C | Subpart C—Dairy Product Donation Program | § 1430.304 Distribution of DPDP purchased products. | CCC | (a) Purchased products will be distributed to private and public nonprofit organizations eligible to receive donated foods for distribution to low-income groups through FNS' food distribution programs as specified in FNS program regulations and the requirements in 7 CFR part 250. (b) Public and private nonprofit organizations receiving donated dairy products under this section will be responsible for the proper handling and distribution of such products in accordance with FNS program regulations, 7 CFR part 250, and FNS guidance and instructions. (c) A private or nonprofit organization agency receiving donated products under this section which improperly distributes or uses such product or causes loss of or damage to such product, will be subject to recovery of losses or other corrective action in accordance with FNS program regulations, 7 CFR part 250. | ||||
| 7:7:10.1.2.2.20.4.330.1 | 7 | Agriculture | XIV | B | 1430 | PART 1430—DAIRY PRODUCTS | D | Subpart D—Dairy Margin Coverage Program | § 1430.400 Purpose. | CCC | The regulations in this subpart apply to the Dairy Margin Coverage (DMC) Program that replaces the Margin Protection Program for Dairy (MPP-Dairy) in subpart A. The purpose of DMC is to provide eligible dairy producers risk protection against low margins resulting from a combination of low milk prices and high feed costs. | ||||
| 7:7:10.1.2.2.20.4.330.10 | 7 | Agriculture | XIV | B | 1430 | PART 1430—DAIRY PRODUCTS | D | Subpart D—Dairy Margin Coverage Program | § 1430.409 Dairy margin coverage payments. | CCC | [84 FR 28176, June 18, 2019, as amended at 86 FR 70708, Dec. 13, 2021; 89 FR 14376, Feb. 27, 2024] | (a) A DMC payment will be made to a participating dairy operation for any month when the average actual dairy production margin for that month falls below the coverage level threshold in effect for the participating dairy operation. (b) Payments trigger at the catastrophic level or at the buy-up level; the payments will be calculated according to this paragraph. If the dairy operation only has catastrophic coverage or buy-up coverage at 95 percent, there will be a single calculation. If the dairy operation purchased buy-up coverage at less than 95 percent and the catastrophic level also triggers a payment, then there will be two calculations to determine the payment—first the calculation for the buy-up coverage percentage and then the calculation for the catastrophic level percentage, which is the balance of the established production history up to 95 percent; the result of these two calculations will be added together to determine the payment amount. Each calculation multiplies the payment rate times the coverage percentage times the production history or established adjusted base production history divided by 12 as follows: (1) Payment rate. The amount by which the coverage level exceeds the average actual dairy production margin for a month; (2) Coverage percentage. The coverage percentage; and (3) Production history. The production history or established adjusted base production history or adjusted base production history of the dairy operation, divided by 12. (c) If the dairy operation purchased buy-up level coverage at less than 95 percent of production history or adjusted base production history, then the dairy operation will receive a payment calculated at the buy-up level, plus the payment at the catastrophic level, if triggered, for the balance of 95 percent of its established production history or adjusted base production history. For example, if a producer purchased buy-up coverage at the 50 percent level, then that producer will also receive catastrophic level coverage for the next 45 perc… | |||
| 7:7:10.1.2.2.20.4.330.11 | 7 | Agriculture | XIV | B | 1430 | PART 1430—DAIRY PRODUCTS | D | Subpart D—Dairy Margin Coverage Program | § 1430.410 Effect of failure to pay administrative fees or premiums. | CCC | [[84 FR 28176, June 18, 2019, as amended at 91 FR 1059, Jan. 12, 2026] | (a) A participating dairy operation that fails to pay a required administrative fee or premium payment due upon application to DMC or for a calendar year of coverage: (1) Remains legally obligated to pay such administrative fee or premium, as applicable; and (2) Upon such failure to pay the administrative fee when due, loses coverage under DMC for the coverage year; and (3) Upon such failure to pay the premium fee or receivable when due, a subsequent DMC contract cannot be approved. (b) CCC may take such actions as necessary to collect unpaid administrative fees and premium payments. | |||
| 7:7:10.1.2.2.20.4.330.12 | 7 | Agriculture | XIV | B | 1430 | PART 1430—DAIRY PRODUCTS | D | Subpart D—Dairy Margin Coverage Program | § 1430.411 Calculation of average feed cost and actual dairy production margins. | CCC | [84 FR 28176, June 18, 2019, as amended at 86 FR 70708, Dec. 13, 2021] | (a) Payments are made to a participating dairy operation as specified in this subpart only when the calculated average actual dairy production margin for a month is below the coverage level in effect for the participating dairy operation. That margin will be calculated on a national basis and is the amount by which for the relevant month, the all milk price exceeds the average feed cost for dairy producers. The average actual dairy production margin calculation applies to all participating dairy operations. The calculations are not made on an operation by operation basis or on their marketings. (b) For calculating the national average feed cost that dairy operations use to produce a cwt of milk, the following three items will be added together: (1) The product determined by multiplying 1.0728 by the price of corn per bushel; (2) The product determined by multiplying 0.00735 by the price of soybean meal per ton; and (3) The product determined by multiplying 0.0137 by the price of alfalfa hay per ton. (c) To make those feed calculations, the Deputy Administrator on behalf of CCC will use the following full month data: (1) For corn, the full month price received by farmers during the month in the United States as reported in the monthly Agricultural Prices report by USDA NASS; (2) For soybean meal, the Central Illinois soybean meal price delivered by rail as reported in the USDA AMS Market News-Monthly; and (3) For alfalfa hay, the full month price received during the month by farmers in the United States for high quality (premium and supreme) alfalfa hay as reported in the monthly Agricultural Prices report by USDA NASS will be used to calculate the hay price. (d) The national average feed cost data for corn, soybean meal, and alfalfa hay used in the calculation of the national average feed cost to determine the actual dairy production margin for the relevant period, will be the data reported in the publication the following month. (For example, full month May prices will be available in the June publicati… | |||
| 7:7:10.1.2.2.20.4.330.13 | 7 | Agriculture | XIV | B | 1430 | PART 1430—DAIRY PRODUCTS | D | Subpart D—Dairy Margin Coverage Program | § 1430.412 [Reserved] | CCC | |||||
| 7:7:10.1.2.2.20.4.330.14 | 7 | Agriculture | XIV | B | 1430 | PART 1430—DAIRY PRODUCTS | D | Subpart D—Dairy Margin Coverage Program | § 1430.413 Multi-year contract for lock-in option. | CCC | [[84 FR 28176, June 18, 2019, as amended at 89 FR 14376, Feb. 27, 2024; 91 FR 1059, Jan. 12, 2026] | (a) Participating dairy operations enrolled in DMC according to § 1430.407(j) are registered through December 31, 2031. As such, a participating dairy operation is obligated to pay applicable administrative fees and applicable premiums each succeeding calendar year following the date the contract is first entered into through December 31, 2031. Likewise, any successor to the dairy operation with lock-in coverage will be bound to the same coverage elections made by the predecessor and applicable premiums for the duration of the lock-in period. (b) A participating dairy operation under a lock-in option that fails to pay applicable administrative fees and premiums no later than September 1 of the applicable calendar year of coverage year of the lock-in will remain obligated to pay such applicable administrative fees and premiums as specified in § 1430.410. (c) If a participating dairy operation goes out of business as described in § 1430.407(l) before the end of the lock-in period, the contract will be terminated immediately, except with respect to payments accrued to the benefit of the participating dairy operation under this subpart before such termination. (d) For 2024 DMC coverage, participating dairy operations with lock-in coverage in 2023 are eligible to extend lock-in coverage for coverage year 2024. (e) During the 2024 election period, a participating dairy operation with lock-in coverage in 2023, may opt out of the lock-in contract for coverage year 2024 and enroll in 2024 DMC through an annual contract at the standard premium rate. | |||
| 7:7:10.1.2.2.20.4.330.15 | 7 | Agriculture | XIV | B | 1430 | PART 1430—DAIRY PRODUCTS | D | Subpart D—Dairy Margin Coverage Program | § 1430.414 Contract modifications. | CCC | (a) Producers in a participating dairy operation must notify FSA immediately of any changes that may affect their participation in DMC. Changes include, but are not limited to, death of a producer who is on the contract, producer joining the operation, producer exiting the operation, relocation of the dairy operation, transfer of shares by sale or other transfer action, or dairy operation reconstitutions as provided in § 1430.415. (b) Payment of any outstanding premium or administrative fee for a participating dairy operation must be paid in full before a transfer of shares by sale or any other change in producers on the contract originally submitted to FSA may take effect. Otherwise, producer changes will not be recognized until the following annual election period, and only if at that time all associated premiums and administrative fees from any previous calendar year of coverage have been paid in full. | ||||
| 7:7:10.1.2.2.20.4.330.16 | 7 | Agriculture | XIV | B | 1430 | PART 1430—DAIRY PRODUCTS | D | Subpart D—Dairy Margin Coverage Program | § 1430.415 Reconstitutions. | CCC | (a) Any participating dairy operation that reorganizes or restructures after enrollment is subject to a review by FSA to determine if the operation was reorganized or restructured for the sole purpose of establishing an alternative production history for a participating dairy operation or was reorganized or restructured to otherwise circumvent any DMC Program provision under this subpart (including the tier system for premiums) or otherwise to prevent the accomplishment of the purpose of the DMC Program. (b) A participating dairy operation that FSA determines has reorganized solely to establish a new production history or to circumvent the determination of applicable fees or premiums based on an established production history determined under this subpart will be considered to have failed to meet the DMC Program requirements and, in addition to other sanctions or penalties that may apply, will not be eligible for DMC payments. (c) Under no circumstance, except as approved by the Deputy Administrator or provided for in these regulations, will the reconstitution or restructure of a participating dairy operation change the determined production history for the operation. The Deputy Administrator may, however, adjust the production history of a participating dairy operation if there is a calculation error or if erroneous information has been supplied by or on behalf of the participating dairy operation. | ||||
| 7:7:10.1.2.2.20.4.330.17 | 7 | Agriculture | XIV | B | 1430 | PART 1430—DAIRY PRODUCTS | D | Subpart D—Dairy Margin Coverage Program | § 1430.416 Offsets and withholdings. | CCC | [84 FR 28176, June 18, 2019, as amended at 91 FR 1059, Jan. 12, 2026] | FSA may offset or withhold any amount due to FSA or CCC under this subpart under the provisions of part 3 of this title or any successor regulations, or any other authorities that may allow for collection action of that sort. | |||
| 7:7:10.1.2.2.20.4.330.18 | 7 | Agriculture | XIV | B | 1430 | PART 1430—DAIRY PRODUCTS | D | Subpart D—Dairy Margin Coverage Program | § 1430.417 Assignments. | CCC | Any producer may assign a payment to be made under this subpart in accordance with part 1404 of this chapter or successor regulations as designated by the Secretary or as allowed by the Deputy Administrator in writing. | ||||
| 7:7:10.1.2.2.20.4.330.19 | 7 | Agriculture | XIV | B | 1430 | PART 1430—DAIRY PRODUCTS | D | Subpart D—Dairy Margin Coverage Program | § 1430.418 Appeals. | CCC | Any producer who is dissatisfied with a determination made pursuant to this subpart may request reconsideration or appeal of such determination under part 11 or 780 of this title. | ||||
| 7:7:10.1.2.2.20.4.330.2 | 7 | Agriculture | XIV | B | 1430 | PART 1430—DAIRY PRODUCTS | D | Subpart D—Dairy Margin Coverage Program | § 1430.401 Administration. | CCC | [84 FR 28176, June 18, 2019, as amended at 91 FR 1057, Jan. 12, 2026] | (a) The Dairy Margin Coverage Program (DMC) will be administered under the general supervision and direction of the Executive Vice President, CCC, and will be carried out in the field by FSA State and county committees, respectively. (b) State and county committees, and representatives and their employees, do not have authority to modify or waive any of the provisions of the regulations set forth in this part. (c) The State committee will take any action required when not taken by the county committee, require correction of actions not in compliance, or require the withholding of any action that is not in compliance with this subpart. (d) No provision or delegation to an FSA State or county committee will preclude the Executive Vice President, CCC, or a designee, from determining any question arising under this subpart, or from reversing or modifying any determination made by an FSA State or county committee. (e) [Reserved] (f) A representative of CCC may execute a contract for participation in the DMC Program and related documents under the terms and conditions determined and announced by the Deputy Administrator on behalf of CCC. Any document not under such terms and conditions, including any purported execution before the date authorized by CCC, will be null and void. | |||
| 7:7:10.1.2.2.20.4.330.20 | 7 | Agriculture | XIV | B | 1430 | PART 1430—DAIRY PRODUCTS | D | Subpart D—Dairy Margin Coverage Program | § 1430.419 Misrepresentation and scheme or device. | CCC | (a) In addition to other penalties, sanctions or remedies as may apply, all or any part of a payment otherwise due a person or legal entity on all participating dairy operations in which the person or legal entity has an interest may be withheld or be required to be refunded if the person or legal entity fails to comply with the provisions of this subpart or adopts or participates in adopting a scheme or device designed to evade this subpart, or that has the effect of evading this part. Such acts may include, but are not limited to: (1) Concealing information that affects a registration or coverage election; (2) Submitting false or erroneous information; or (3) Creating a business arrangement using rental agreements or other arrangements to conceal the interest of a person or legal entity in a dairy operation for the purpose of obtaining DMC payments the individual or legal entity would otherwise not be eligible to receive. Indicators of such business arrangement include, but are not limited to the following: (i) No milk is produced and commercially marketed by a participating dairy operation; (ii) The participating dairy operation has no appreciable assets; (iii) The only source of capital for the dairy operation is the DMC payments; or (iv) The represented dairy operation exists mainly for the receipt of DMC payments. (b) If the Deputy Administrator determines that a person or legal entity has adopted a scheme or device to evade, or that has the purpose of evading, the provisions of this subpart, such person or legal entity will be ineligible to receive DMC payments in the year such scheme or device was adopted and the succeeding year. (c) A person or legal entity that perpetuates a fraud, commits fraud, or participates in equally serious actions for the benefit of the person or legal entity, or the benefit of any other person or legal entity, in violation of the requirements of this subpart will be subject to a 5-year denial of all DMC Program benefits. Such other equally serious actions may include, … | ||||
| 7:7:10.1.2.2.20.4.330.21 | 7 | Agriculture | XIV | B | 1430 | PART 1430—DAIRY PRODUCTS | D | Subpart D—Dairy Margin Coverage Program | § 1430.420 Estates, trusts, and minors. | CCC | (a) DMC Program documents executed by producers legally authorized to represent estates or trusts will be accepted only if such producers furnish evidence of the authority to execute such documents. (b) A minor who is otherwise eligible for benefits under this subpart is also required to: (1) Establish that the right of majority has been conferred on the minor by court proceedings or by law; (2) Show that a guardian has been appointed to manage the minor's property and the applicable DMC Program documents are executed by the guardian; or (3) Furnish a bond under which the surety guarantees any loss incurred for which the minor would be liable had the minor been an adult. | ||||
| 7:7:10.1.2.2.20.4.330.22 | 7 | Agriculture | XIV | B | 1430 | PART 1430—DAIRY PRODUCTS | D | Subpart D—Dairy Margin Coverage Program | § 1430.421 Death, incompetency, or disappearance. | CCC | In the case of death, incompetency, disappearance, or dissolution of a producer that is eligible to receive benefits under this subpart, such persons as are specified in part 707 of this title may receive such benefits, as determined appropriate by FSA. | ||||
| 7:7:10.1.2.2.20.4.330.23 | 7 | Agriculture | XIV | B | 1430 | PART 1430—DAIRY PRODUCTS | D | Subpart D—Dairy Margin Coverage Program | § 1430.422 Maintenance and inspection of records. | CCC | (a) Participating dairy operations are required to maintain accurate records and accounts that will document that they meet all eligibility requirements specified in this subpart, as may be requested by CCC or FSA. Such records and accounts are required to be retained for 3 years after the date of DMC payments to the participating dairy operation. Destruction of the records 3 years after the date of payment will be at the risk of the party undertaking the destruction. (b) A participating dairy operation is required to allow authorized representatives of CCC, the Secretary, or the Comptroller General of the United States to have access to the premises of the dairy operation in order to inspect the herd of cattle, examine, and make copies of the books, records, and accounts, and other written data as specified in paragraph (a) of this section. (c) Any producer or dairy operation that does not comply with the provisions of paragraph (a) or (b) of this section, or that otherwise receives a payment for which it is not eligible, is liable for that payment and is required to repay it to FSA, with interest to run from the date of disbursement. | ||||
| 7:7:10.1.2.2.20.4.330.24 | 7 | Agriculture | XIV | B | 1430 | PART 1430—DAIRY PRODUCTS | D | Subpart D—Dairy Margin Coverage Program | § 1430.423 Refunds; joint and several liability. | CCC | (a) Any legal entity, including joint operations, joint ventures and partnerships, and any member of a legal entity determined to have knowingly participated in a scheme or device, or other such equally serious actions to evade, or that has the purpose of evading the provisions of this part, will be jointly and severally liable for any amounts determined to be payable as the result of the scheme or device, or other such equally serious actions, including amounts necessary to recover the payments. (b) Any person or legal entity that cooperates in the enforcement of the provisions of this part may be partially or fully released from liability, as determined by the Executive Vice President, CCC. (c) The provisions of this section will be applicable in addition to any liability that arises under a criminal or civil law, regulation, or other provision of law. | ||||
| 7:7:10.1.2.2.20.4.330.25 | 7 | Agriculture | XIV | B | 1430 | PART 1430—DAIRY PRODUCTS | D | Subpart D—Dairy Margin Coverage Program | § 1430.424 Violations of highly erodible and wetland conservation provisions. | CCC | The provisions of 7 CFR part 12 apply to this part. | ||||
| 7:7:10.1.2.2.20.4.330.26 | 7 | Agriculture | XIV | B | 1430 | PART 1430—DAIRY PRODUCTS | D | Subpart D—Dairy Margin Coverage Program | § 1430.425 Violations regarding controlled substances. | CCC | The provisions of 7 CFR 718.6 apply to this part. | ||||
| 7:7:10.1.2.2.20.4.330.3 | 7 | Agriculture | XIV | B | 1430 | PART 1430—DAIRY PRODUCTS | D | Subpart D—Dairy Margin Coverage Program | § 1430.402 Definitions. | CCC | [84 FR 28176, June 18, 2019, as amended at 86 FR 70707, Dec. 13, 2021; 89 FR 14375, Feb. 27, 2024; 91 FR 1057, Jan. 12, 2026] | The definitions in this section apply for all purposes of administering the DMC Program. Actual dairy production margin means the difference between the all-milk price and the average feed cost, as calculated under § 1430.411. If the calculation would produce a negative number, the margin is considered to be zero. Administrative county office means the county FSA office designated to make determinations, handle official records, and issue payments for the producer in accordance with 7 CFR part 718. All-milk price means the national average price received, per hundredweight of milk, by dairy operations for all milk sold to dairy plants and milk dealers in the United States, as determined by the Secretary. AMS means the Agricultural Marketing Service of USDA. Annual election period for DMC means the period, each calendar year, established by the Deputy Administrator, for a dairy operation to register to participate in DMC for the following coverage year, pay associated administrative fees, and make coverage elections for an applicable calendar year. Average feed cost means the national average cost of feed used by a dairy operation to produce a hundredweight of milk, as determined under the provisions of this subpart. Beginning farmer or rancher means an individual or entity who has both not operated a farm or ranch, or who has operated a farm or ranch for not more than 10 consecutive years; and materially and substantially participates in the operation of the farm or ranch. For legal entities to be considered a beginning farmer or rancher, all members must be related by blood or marriage; and all the members must be beginning farmers or ranchers. Buy up coverage means dairy margin coverage for a margin protection level above $4 per hundredweight of milk. Calendar year means the year beginning with January 1 and ending the following December 31. Catastrophic level coverage means $4 per cwt margin protection coverage and a coverage percentage of 95 percent, with no premium assessed. CCC means t… | |||
| 7:7:10.1.2.2.20.4.330.4 | 7 | Agriculture | XIV | B | 1430 | PART 1430—DAIRY PRODUCTS | D | Subpart D—Dairy Margin Coverage Program | § 1430.403 Eligible dairy operations. | CCC | [84 FR 28176, June 18, 2019, as amended at 86 FR 70707, Dec. 13, 2021; 89 FR 14375, Feb. 27, 2024; 89 FR 39540, May 9, 2024; 91 FR 1057, Jan. 12, 2026; 91 FR 11131, Mar. 9, 2026] | (a) In order for a dairy operation to be eligible to register for DMC and receive payments, such dairy operation must: (1) Produce milk from cows in the United States that is marketed commercially at the time of each annual election for an applicable coverage year in DMC, except that dairy operations that have stopped producing and marketing milk before or during the annual coverage election period for 2026 and future years are eligible for only those days that the dairy operation commercially marketed milk during the applicable coverage year; (2) Submit accurate and complete information as required by this subpart; (3) Provide proof of milk production marketed commercially by all persons in the dairy operation to establish production history; (4) Pay required administrative fees for participation in DMC as specified in this subpart and any premiums, if applicable, as specified in this subpart. (b) A person or entity covered by § 1400.401 of this chapter (hereafter “foreign person”) must meet the eligibility requirements in that section to receive payments under this subpart. A dairy operation with ineligible foreign persons as members will have any payment reduced by the proportional share of such members. (c) Federal agencies and States, including all agencies and political subdivisions of a State, are not eligible for payments under this subpart. (d) A single dairy operation operated by more than one dairy producer will be treated as a single dairy operation for purposes of participating in DMC and can only submit one application. If a producer owns more than one eligible dairy operation in which each operation is separate and distinct from each other, such dairy producer may be eligible to participate separately for each dairy operation, however, each eligible dairy operation must be separately registered, as specified in § 1430.404. (e) CCC will determine additional dairy operations that operate in a manner that are separate and distinct from each other according to paragraph (d) of this section and … | |||
| 7:7:10.1.2.2.20.4.330.5 | 7 | Agriculture | XIV | B | 1430 | PART 1430—DAIRY PRODUCTS | D | Subpart D—Dairy Margin Coverage Program | § 1430.404 Time and method of registration and annual election. | CCC | [84 FR 28176, June 18, 2019, as amended at 86 FR 70707, Dec. 13, 2021; 89 FR 14375, Feb. 27, 2024; 91 FR 1057, Jan. 12, 2026] | (a) A dairy operation may register to participate in DMC by establishing a production history according to § 1430.405 on a form prescribed by CCC and also submitting a contract prescribed by CCC. Dairy operations may obtain a contract in person, by mail, or by facsimile from any FSA county office. In addition, dairy operations may download a copy of the forms at https://www.sc.egov.usda.gov. (b) A dairy operation must submit completed contracts and any other supporting documentation, during the annual election period established by CCC to the administrative county FSA office serving the dairy operation. However, the production history must be established only once and approved by CCC before the contract is submitted and considered complete. (1) A new dairy operation that has been established after the most recent election period is required to submit a contract within the first 60 calendar days from the date of which the dairy operation first commercially markets milk and may elect coverage that begins the month and day the dairy operation has commercial marketings. (2) A new dairy operation that does not meet the 60-day requirement of paragraph (b)(1) of this section cannot enroll until the next annual election period for coverage for the following calendar year. (c) Annual contracts with coverage elections are to be submitted in time to be received at FSA by the close of business on the last day of the annual election period, established by the Deputy Administrator. (1) The applicable year of coverage for contracts received during an annual election period will be the following calendar year. (2) Annual contracts with coverage elections submitted after the applicable allowed time for submission will not be considered. (d) If the dairy producer operates more than one separate and distinct operation, the producer must register each operation for each operation to be eligible for coverage. If the producer moves the same herd of cattle between two facilities, then the two facilities will not be regarded… | |||
| 7:7:10.1.2.2.20.4.330.6 | 7 | Agriculture | XIV | B | 1430 | PART 1430—DAIRY PRODUCTS | D | Subpart D—Dairy Margin Coverage Program | § 1430.405 Establishment and transfer of production history for a participating dairy operation. | CCC | [84 FR 28176, June 18, 2019, as amended at 86 FR 70707, Dec. 13, 2021; 89 FR 14375, Feb. 27, 2024; 91 FR 1058, Jan. 12, 2026] | (a) Except as provided in paragraphs (b) of this section, CCC will establish the production history for a dairy operation for DMC as the highest annual milk marketings of the participating dairy operation during any one of the 2021, 2022, or 2023 calendar years. (1) Producers in the participating dairy operation are required to provide adequate proof of the dairy operation's quantity of milk commercially marketed, to establish the production history and or adjusted base production history for the dairy operation. (2) All information provided is subject to verification, spot check, and audit by FSA. If the dairy operation does not provide, to the satisfaction of FSA, documentation requested to substantiate the production history of the highest annual milk marketings for the participating dairy operation, then the registration will not be approved. (b) A participating dairy operation that began marketing milk after January 1, 2023, will be considered a new dairy operation according to § 1430.401. To establish the production history for such a new dairy operation the new dairy operation is required to elect one of the following methods: (1) The volume of the actual milk marketings for the months the dairy operation has been in operation, extrapolated to a yearly amount based on a national seasonally adjusted index, as determined by the Deputy Administrator, to account for differences in milk production during the year; or (2) An estimate of the actual milk marketings of the dairy operation based on the herd size of the dairy operation relative to the national rolling herd average data published by the Secretary. (c) If FSA determines that the new enterprise was formed for the purpose of circumventing DMC provisions, including, but not limited to, reconstituting a dairy operation to receive additional benefits, or establishing new production history, that enterprise will not be considered a new dairy operation for the purpose of establishing production history. (d) The production history must be transferred fr… | |||
| 7:7:10.1.2.2.20.4.330.7 | 7 | Agriculture | XIV | B | 1430 | PART 1430—DAIRY PRODUCTS | D | Subpart D—Dairy Margin Coverage Program | § 1430.406 Administrative fees. | CCC | [84 FR 28176, June 18, 2019, as amended at 89 FR 14376, Feb. 27, 2024; 91 FR 1058, Jan. 12, 2026] | (a) Except as provided in paragraph (e) of this section, dairy operations must pay an administrative fee to CCC in the amount of $100 at the time of enrollment during the annual election period for each applicable coverage year the dairy operation decides to participate in DMC. Annual administrative fees are due and payable to CCC through the administrative county FSA office no later than the close of business on the last day of the annual election period established by CCC for each applicable calendar year of dairy margin coverage under DMC. The administrative fee paid is non-refundable; however, if paid during the Coverage Election Period, and made in error or other detrimental circumstances, the COC may refund the administrative fee to the dairy operation. (b) The required annual administrative fee is per dairy operation. Therefore, multiple dairy producers in a single participating dairy operation are required to pay only one annual administrative fee for the participating dairy operation. Conversely, in the case of a dairy producer that operates more than one dairy operation, each participating dairy operation is required to pay a separate administrative fee annually. (c) Dairy operations that lock-in coverage according to § 1430.407(j), are required to pay the administrative fee each year through 2031, except as provided in paragraph (e) in this section. (d) Failure to pay the administrative fee timely will result in loss of dairy margin coverage for the applicable calendar year. (e) A limited resource, beginning, veteran, or socially disadvantaged farmer or rancher, as defined in § 1430.402, will be exempt from paying the administrative fee in this section. The administrative fee waiver for the DMC Program for socially disadvantaged, beginning, and limited resource farmers and ranchers must be requested on a form specified by FSA and must accompany the contract application for coverage under this part in the administrative county FSA office. | |||
| 7:7:10.1.2.2.20.4.330.8 | 7 | Agriculture | XIV | B | 1430 | PART 1430—DAIRY PRODUCTS | D | Subpart D—Dairy Margin Coverage Program | § 1430.407 Buy-up coverage. | CCC | [84 FR 28176, June 18, 2019, as amended at 86 FR 70707, Dec. 13, 2021; 89 FR 14376, Feb. 26, 2024; 91 FR 1059, Jan. 12, 2026] | (a) For purposes of receiving buy-up dairy margin coverage, a participating dairy operation may annually elect, except as provided by paragraph (i) of this section, during an annual election period the following for the applicable calendar year: (1) A coverage level threshold for margins that, per cwt, is equal to one of the following: $4.50, $5, $5.50, $6, $6.50, $7, $7.50, $8, $8.50. $9, or $9.50; and (2) A percentage of coverage for the production history or adjusted base production history from 5 percent to 95 percent, in 5 percent increments. (b) In the absence of any such election, the applicable coverage level provided, with no premium due, is catastrophic level coverage. (c) A participating dairy operation that elects margin protection coverage above $4 is required to pay an annual premium based on coverage level and covered production history in addition to the administrative fee. Tier 1 applies to covered production history up to and including 6 million pounds; Tier 2 applies to covered production history above 6 million pounds. (d) A participating dairy operation may only select one coverage level threshold and only one percentage of coverage applicable to both Tier 1 and Tier 2. However, a participating dairy operation that elects a coverage level threshold of $8.50, $9, or $9.50, according to paragraph (a)(1) of this section, on the dairy operation's first 6 million pounds of production history under Tier 1, must choose a different coverage level threshold that is equal to $4, $4.50, $5, $5.50, $6, $6.50, $7, $7.50, $8 to apply to production history in excess of 6 million pounds included in the covered production under Tier 2 elected by the participating dairy operation. (e) The premium per cwt of milk, based on the elected percentage of coverage of production history is specified in the following table: Table 1 to § 1430.407( e ) (f) The annual premium due for a participating dairy operation is calculated for production history by multiplying: (1) The covered production history or adjusted … | |||
| 7:7:10.1.2.2.20.4.330.9 | 7 | Agriculture | XIV | B | 1430 | PART 1430—DAIRY PRODUCTS | D | Subpart D—Dairy Margin Coverage Program | § 1430.408 [Reserved] | CCC |
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