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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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| 7:7:1.1.1.1.12.1.29.1 | 7 | Agriculture | 9 | PART 9—PANDEMIC ASSISTANCE PROGRAMS | A | Subpart A—CFAP General Provisions | § 9.1 Applicability and administration. | USDA | [85 FR 30830, May 21, 2020, as amended at 85 FR 59174, Sept. 21, 2020; 85 FR 59384, Sept. 22, 2020; 86 FR 4881, Jan. 19, 2021; 88 FR 1876, Jan. 11, 2023] | (a) Subparts A through C of this part specify the eligibility requirements and payment calculations for the Coronavirus Food Assistance Program (CFAP). CFAP will provide payments with respect to commodities that have been significantly impacted by the effects of the COVID-19 outbreak. CFAP is being implemented through two rounds of payments, with the first round (CFAP 1) determined as specified in subpart B of this part, and the second round (CFAP 2) determined as specified in subpart C of this part. To be eligible for CFAP payments, participants must comply with all provisions under this subpart and the relevant particular subpart for CFAP 1 or CFAP 2. Payments will be made with respect to only commodities produced in the United States; commodities other than livestock that are imported into the United States may not be used to determine any CFAP payment. For livestock, “produced in the United States” means physically located in the United States: (1) For assistance under subpart B of this part: (i) On January 15, 2020, and remaining in the United States until sold, for livestock sold between January 15, 2020, and April 15, 2020; or (ii) On the applicable date selected for livestock in inventory between April 16, 2020, and May 14, 2020; and (2) For assistance under subpart C of this part, on the applicable date selected for livestock in inventory between April 16, 2020, and August 31, 2020. (b) The program is administered under the general supervision and direction of the Administrator, Farm Service Agency (FSA) with the assistance of the Agricultural Marketing Service (AMS). (c) The FSA State committee will take any action required by subparts A through C of this part that an FSA county committee has not taken. The FSA State committee will also: (1) Correct, or require an FSA county committee to correct, any action taken by such county FSA committee that is not in accordance with the regulations of subparts A through C of this part; or (2) Require an FSA county committee to withhold taking any action … | |||||
| 7:7:1.1.1.1.12.1.29.2 | 7 | Agriculture | 9 | PART 9—PANDEMIC ASSISTANCE PROGRAMS | A | Subpart A—CFAP General Provisions | § 9.2 Definitions. | USDA | [85 FR 30830, May 21, 2020, as amended at 85 FR 35799, June 12, 2020; 85 FR 59175, Sept. 21, 2020; 85 FR 59384, Sept. 22, 2020; 88 FR 1876, Jan. 11, 2023] | The following definitions apply to subparts A through C of this part. The definitions in parts 718 and 1400 of this title apply, except where they conflict with the definitions in this section. AMS means USDA's Agricultural Marketing Service. Application means the CFAP application form. Cattle means commercially raised or maintained bovine animals, excluding beefalo, bison, and animals used for dairy production or intended for dairy production. Commodity means an agricultural commodity produced in the United States and intended to be marketed for commercial production that has been designated as eligible for payments under CFAP. Controlled environment means an environment in which everything that can practicably be controlled by the producer with structures, facilities, and growing media (including but not limited to water, soil, or nutrients), is in fact controlled by the producer, as determined by industry standards. Foreign entity means a corporation, trust, estate, or other similar organization that has more than 10 percent of its beneficial interest held by individuals who are not: (1) Citizens of the United States; or (2) Lawful aliens possessing a valid Alien Registration Receipt Card. Foreign person means any person who is not a citizen or national of the United States or who is admitted into the United States for permanent residence under the Immigration and Nationality Act and possesses a valid Alien Registration Receipt Card issued by the United States Citizenship and Immigration Services, Department of Homeland Security. Hogs means any swine 120 pounds or more. NOFA means a Notice of Funding Availability published in the Federal Register . Ownership interest means to have either legal ownership interest or beneficial ownership interest in a legal entity. For the purposes of administering CFAP, a person or legal entity that owns a share or stock in a legal entity that is a corporation, limited liability company, limited partnership, or similar type entity, and shares in the profi… | |||||
| 7:7:1.1.1.1.12.1.29.3 | 7 | Agriculture | 9 | PART 9—PANDEMIC ASSISTANCE PROGRAMS | A | Subpart A—CFAP General Provisions | § 9.3 Producer eligibility requirements. | USDA | [85 FR 30830, May 21, 2020, as amended at 85 FR 59384, Sept. 22, 2020; 88 FR 1876, Jan. 11, 2023] | To be eligible for a CFAP payment, a producer must: (a) Meet all of the requirements in subparts A through C of this part; (b) Be a: (1) Citizen of the United States; (2) Resident alien, which for purposes of subparts A through C of this part means “lawful alien” as defined in part 1400 of this title; (3) Partnership of citizens of the United States; (4) Corporation, limited liability company, or other organizational structure organized under State law; (5) Indian Tribe or Tribal organization, as defined in section 4(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304); or (6) Foreign person or foreign entity who meets all requirements as described in part 1400 of this title; and (c) For payments under § 9.102 of this part, have had a share in the eligible commodity on January 15, 2020, or April 16, 2020, through May 14, 2020. | |||||
| 7:7:1.1.1.1.12.1.29.4 | 7 | Agriculture | 9 | PART 9—PANDEMIC ASSISTANCE PROGRAMS | A | Subpart A—CFAP General Provisions | § 9.4 Time and method of application. | USDA | [85 FR 30830, May 21, 2020, as amended at 85 FR 49594, Aug. 14, 2020; 85 FR 59384, Sept. 22, 2020; 86 FR 4882, Jan. 15, 2021; 86 FR 48017, Aug. 27, 2021; 88 FR 1876, Jan. 11, 2023] | (a) A completed application under this subpart must be submitted in person, by mail, email, or facsimile to any FSA county office by the close of business on: (1) September 11, 2020, for payments issued under § 9.102; and (2) October 12, 2021, for payments issued under § 9.203. (b) Failure of an individual, entity, or a member of an entity to submit the following payment limitation and payment eligibility forms within 60-days from the date of signing the CFAP application, may result in no payment or a reduced payment: (1) A farm operating plan for an individual or legal entity as provided in part 1400 of this title; (2) Form CCC-901 Member Information for Legal Entities (if applicable); (3) An average adjusted gross income statement for the 2020 program year for the person or legal entity, including the legal entity's members, partners, or shareholders, as provided in part 1400 of this title; form CCC-941 Average Adjusted Gross Income (AGI) Certification and Consent to Disclosure of Tax Information; (4) CCC-942 Certification of Income From Farming, Ranching and Forestry Operations (optional); and (5) A highly erodible land conservation (sometimes referred to elsewhere as HELC) and wetland conservation certification as provided in part 12 of this title (form AD-1026 Highly Erodible Land Conservation (HELC) and Wetland Conservation (WC) Certification for CFAP applicant and applicable affiliates). (c) If requested by USDA, the applicant must provide documentation that: (1) Establishes the applicant's ability and intent to harvest, transport, and market the commodity for the intended market or crop's expected production in a quantity determined based on the producer's approved yield, expected level of production, or inventory of the livestock, crop, or commodity; (2) Establishes the applicant's ownership share in the commodity; and (3) Establishes the applicant's value at risk in the commodity. (d) A producer applying for assistance for a crop subject to § 9.203(a) or (b) must file a report of all acreag… | |||||
| 7:7:1.1.1.1.12.1.29.5 | 7 | Agriculture | 9 | PART 9—PANDEMIC ASSISTANCE PROGRAMS | A | Subpart A—CFAP General Provisions | § 9.5 [Reserved] | USDA | |||||||
| 7:7:1.1.1.1.12.1.29.6 | 7 | Agriculture | 9 | PART 9—PANDEMIC ASSISTANCE PROGRAMS | A | Subpart A—CFAP General Provisions | § 9.6 Eligibility subject to verification. | USDA | (a) Producers who are approved for participation in CFAP are required to retain documentation in support of their application for 3 years after the date of approval. (b) Participants receiving CFAP payments or any other person who furnishes such information to USDA must permit authorized representatives of USDA or the Government Accountability Office, during regular business hours, to enter the agricultural operation and to inspect, examine, and to allow representatives to make copies of books, records, or other items for the purpose of confirming the accuracy of the information provided by the participant. | ||||||
| 7:7:1.1.1.1.12.1.29.7 | 7 | Agriculture | 9 | PART 9—PANDEMIC ASSISTANCE PROGRAMS | A | Subpart A—CFAP General Provisions | § 9.7 Miscellaneous provisions. | USDA | [85 FR 30830, May 21, 2020, as amended at 85 FR 49594, Aug. 14, 2020; 85 FR 59385, Sept. 22, 2020; 86 FR 48017, Aug. 27, 2021; 88 FR 1876, Jan. 11, 2023] | (a) If a CFAP payment resulted from erroneous information provided by a participant, or any person acting on their behalf, the payment will be recalculated and the participant must refund any excess payment with interest calculated from the date of the disbursement of the payment. (1) If FSA determines that the applicant intentionally misrepresented either the total amount or applicant's share of the commodities, acres, sales, or revenue on their application, the application will be disapproved and the applicant must refund the full payment to FSA with interest from the date of disbursement. (2) Any required refunds must be resolved in accordance with part 3 of this title. (b) The regulations in part 718, subpart D, and parts 11 and 780 of this title apply to determinations made under subparts A through C of this part. (c) Any payment under subparts A through C of this part will be made without regard to questions of title under State law and without regard to any claim or lien against the commodity or proceeds from the sale of the commodity. The regulations governing offsets in part 3 of this title do not apply to payments made under subparts A through C of this part. (d) The $900,000 average AGI limitation provisions in part 1400 of this title relating to limits on payments for persons or legal entities, excluding joint ventures and general partnerships, apply to each applicant for CFAP unless at least 75 percent of the person or legal entity's average AGI is derived from farming, ranching, or forestry-related activities. The average AGI will be calculated for a person or such legal entity based on the 2016, 2017, and 2018 tax years. If the person or such legal entity's average AGI is below $900,000 or at least 75 percent of the person or legal entity's average AGI is derived from farming, ranching, or forestry-related activities, the person or legal entity, is eligible to receive payments under subparts A through C of this part. (e)(1) The total amount of CFAP payments that a program applicant who is an … | |||||
| 7:7:1.1.1.1.12.1.29.8 | 7 | Agriculture | 9 | PART 9—PANDEMIC ASSISTANCE PROGRAMS | A | Subpart A—CFAP General Provisions | § 9.8 Perjury. | USDA | In either applying for or participating in CFAP, or both, the producer is subject to laws against perjury and any penalties and prosecution resulting therefrom, with such laws including but not limited to 18 U.S.C. 1621. If the producer willfully makes and represents as true any verbal or written declaration, certification, statement, or verification that the producer knows or believes not to be true, in the course of either applying for or participating in CFAP, or both, then the producer is guilty of perjury and, except as otherwise provided by law, may be fined, imprisoned for not more than 5 years, or both, regardless of whether the producer makes such verbal or written declaration, certification, statement, or verification within or without the United States. | ||||||
| 7:7:1.1.1.1.12.2.29.1 | 7 | Agriculture | 9 | PART 9—PANDEMIC ASSISTANCE PROGRAMS | B | Subpart B—CFAP 1 | § 9.101 Definitions. | USDA | [85 FR 59385, Sept. 22, 2020, as amended at 88 FR 1876, Jan. 11, 2023] | The following definitions apply to this subpart. The definitions in parts 718 and 1400 of this title also apply, except where they conflict with the definitions in this section. All other cattle means commercially raised or maintained bovine animals not meeting the definition of another category of cattle in this subpart, excluding beefalo, bison, and animals used for dairy production or intended for dairy production. Aquaculture means only those species as announced in a NOFA. Cattle raised or maintained for breeding purposes means animals commercially raised or maintained for use as either a sire or dam for the production of livestock offspring or lactation. Crop means non-specialty crops and specialty crops. Feeder cattle 600 pounds or more means cattle weighing more than 600 pounds but less than the weight of slaughter cattle-fed cattle as defined in this section. Feeder cattle less than 600 pounds means cattle weighing less than 600 pounds. First quarter means January, February, and March of 2020. Lambs and yearlings means all sheep less than 2 years old. Non-specialty crop means any of the following crops: Barley, canola, corn, durum wheat, hard red spring wheat, millet, oats, sorghum, soybeans, sunflowers, and upland cotton. The term excludes crops intended for grazing. Producer means a person or legal entity who shares in the risk of producing a crop or livestock and who is entitled to a share in the crop or livestock available for marketing or would have shared had the crop or livestock been produced and marketed. A contract grower who does not own the livestock, will be considered a producer if the contract allows the grower to have risk in the livestock. Second quarter means April, May, and June of 2020. Slaughter Cattle—fed cattle means cattle with a weight of 1,200 pounds or more that are intended for slaughter. Slaughter cattle—mature cattle means culled cattle raised or maintained for breeding purposes, but which were removed from inventory and are intended for slaughter. … | |||||
| 7:7:1.1.1.1.12.2.29.2 | 7 | Agriculture | 9 | PART 9—PANDEMIC ASSISTANCE PROGRAMS | B | Subpart B—CFAP 1 | § 9.102 Calculation of payments. | USDA | [85 FR 30830, May 21, 2020, as amended at 85 FR 35799, June 12, 2020' 85 FR 41329, July 10, 2020; 85 FR 49594, Aug. 14, 2020; 85 FR 59175, Sept. 21, 2020. Redesignated at 85 FR 59385, Sept. 22, 2020; 86 FR 4882, Jan. 19, 2021; 87 FR 1876, Jan. 11, 2023] | (a) Payments for eligible non-specialty crops will be the sum of: (1) Unpriced inventory that is harvested but held in inventory as of January 15, 2020, not to exceed 50 percent of 2019 total production, multiplied by 50 percent, multiplied by the Coronavirus Aid, Relief, and Economic Stability Act (CARES Act) payment rate in paragraph (h) of this section; and (2) Unpriced inventory as of January 15, 2020, not to exceed 50 percent of 2019 total production, multiplied by 50 percent, multiplied by the Commodity Credit Corporation (CCC) payment rate in paragraph (h) of this section. (b) CFAP covers losses for specialty crops that experienced immediate losses, a price decline, spoiled, were unpaid, or were unharvested due to market conditions between January 15, 2020, and April 15, 2020. Specialty crops in inventory or in storage facilities that may be sold after April 15, 2020, are not eligible. Specialty crops that were under an agreed upon set price before January 15, 2020, and were or will be paid at that price or higher, do not qualify for assistance under paragraph (b)(1) of this section, but may qualify under paragraphs (b)(2) or (b)(3) of this section. Payments for eligible specialty crops will be the sum of: (1) For specialty crops listed in paragraph (h) of this section that were sold between January 15, 2020, and April 15, 2020, the quantity sold multiplied by the payment rate in column 2 of Table 1 in paragraph (h) of this section; (2) For specialty crops harvested and shipped but that were subsequently spoiled or unpaid due to loss of marketing channels between January 15, 2020, and April 15, 2020, the harvested and shipped quantity that spoiled or is unpaid multiplied by the payment rate in column 3 of Table 1 in paragraph (h) of this section; and (3) For specialty crops that did not leave the farm, were donated, or were mature crops that remained unharvested between January 15, 2020, and April 15, 2020, due to loss of marketing channel, the sum of the quantity of crops that did not leave the farm… | |||||
| 7:7:1.1.1.1.12.3.29.1 | 7 | Agriculture | 9 | PART 9—PANDEMIC ASSISTANCE PROGRAMS | C | Subpart C—CFAP 2 | § 9.201 Definitions. | USDA | [85 FR 59386, Sept. 22, 2020, as amended at 86 FR 4882, Jan. 19, 2021; 86 FR 48017, Aug. 27, 2021; 88 FR 1877, Jan. 11, 2023] | The following definitions apply to this subpart. The definitions in parts 718 and 1400 of this title also apply, except where they conflict with the definitions in this section. Aquaculture means any species of aquatic organisms grown as food for human consumption, fish raised as feed for fish that are consumed by humans, ornamental fish propagated and reared in an aquatic medium. Eligible aquacultural species must be raised by a commercial operator and in water in a controlled environment. Average revenue loss level means the average percentage of revenue loss for contract producers determined by USDA for a geographic area based on the best available data including, but not limited to, losses reported by contract producers for the same area and type of livestock or poultry. Beginning farmer or rancher means a farmer or rancher who has not operated a farm or ranch for more than 10 years and who materially and substantially participates in the operation. For a legal entity to be considered a beginning farmer or rancher, at least 50 percent of the interest must be beginning farmers or ranchers. Breeding stock means: (1) For cattle, bulls and cows; (2) For hogs and pigs, boars and sows; and (3) For lambs and sheep, rams and ewes. Broilers includes any chicken that has been commercially produced for meat purposes that has left the farm for slaughter, and not used for laying or breeding purposes. Contract producer means a producer who grows or produces an eligible commodity under contract for or on behalf of another person or entity. The contract producer does not have ownership in the commodity and is not entitled to a share from sales proceeds of the commodity. Crop insurance means an insurance policy reinsured by Federal Crop Insurance Corporation under the provisions of the Federal Crop Insurance Act, as amended. It does not include private plans of insurance. Eggs means dried, frozen, liquid, and shell eggs. Eligible contract livestock or poultry means broilers, pullets, layers, poultry eggs,… | |||||
| 7:7:1.1.1.1.12.3.29.2 | 7 | Agriculture | 9 | PART 9—PANDEMIC ASSISTANCE PROGRAMS | C | Subpart C—CFAP 2 | § 9.202 Eligibility. | USDA | [86 FR 4882 Jan. 19, 2021, as amended at 86 FR 48017, Aug. 27, 2021; 88 FR 1877, Jan. 11, 2023] | (a) Producers, excluding contract producers, are eligible for payment under § 9.203(a) through (i) if they meet all other requirements for eligibility under subpart A of this part and this subpart. (b) Contract producers are not eligible for payment under § 9.203(a) through (i). Contract producers are eligible for payment under § 9.203(l) if they: (1) Produced eligible contract livestock or poultry under a contract in either the 2018 or 2019 calendar year and in the 2020 calendar year; (2) Received revenue under such a contract during the period from January 1, 2020, through December 27, 2020; (3) Had a loss in eligible revenue for the period from January 1, 2020, through December 27, 2020, as compared to the period from: (i) January 1, 2018, through December 27, 2018; or (ii) January 1, 2019, through December 27, 2019; and (4) Meet all other requirements for eligibility under subpart A of this part and this subpart. (c) Contract producers must provide a copy of their contract pursuant to which they raised an eligible commodity as specified in paragraph (b)(1) of this section and provide documentation to support the information provided on their application if requested by FSA. (d) Contract producers are eligible for payment under § 9.203(m) if they: (1) Did not receive eligible revenue from January 1 through December 27 in 2018 or 2019, but received eligible revenue for the period from January 1, 2020, through December 27, 2020; and (2) Meet all other requirements for eligibility under subpart A of this part and this subpart. | |||||
| 7:7:1.1.1.1.12.3.29.3 | 7 | Agriculture | 9 | PART 9—PANDEMIC ASSISTANCE PROGRAMS | C | Subpart C—CFAP 2 | § 9.203 Calculation of payments. | USDA | [85 FR 59386, Sept. 22, 2020. Redesignated and amended at 86 FR 4882, 4883, Jan. 19, 2021; 86 FR 48017, Aug. 27 2021; 88 FR 1877, Jan. 11, 2023; 90 FR 30558, July 10, 2025] | (a) Payments for price trigger crops will be equal to the greater of: (1) Eligible acres of the crop multiplied by a rate of $15 per acre; or (2) Eligible acres of the crop multiplied by the applicable yield, multiplied by the crop marketing percentage in Table 1 of paragraph (j) of this section, multiplied by the crop payment rate in Table 1 of paragraph (j) of this section. (3) Under paragraph (a) of this section, eligible acres include the producer's share of the determined acres, or reported acres if determined acres are not present, of the crop planted for the 2020 crop year, excluding prevented planted and experimental acres. For producers who insured acres of the crop under a policy or plan of insurance under the Federal Crop Insurance Act (7 U.S.C. 1501-1524), the yield will be the average of the producer's 2020 actual production history (APH) approved yield from all of the producer's insured acres nationwide. For producers for whom FSA is unable to obtain a 2020 APH approved yield, the yield will be: (i) The 2019 Agriculture Risk Coverage-County Option (ARC-CO) benchmark yield if the applicant: (A) Has coverage for the crop under an Area Risk Protection Insurance Plan, Margin Protection Plan, Stacked Income Protection Plan, Supplemental Coverage Option, or Whole-Farm Revenue Protection Plan under the Federal Crop Insurance Act; (B) Is a landlord of the applicable acreage and their share is insured by the tenant under a policy or plan of insurance under the Federal Crop Insurance Act; (C) Is a tenant of the applicable acreage and their share is insured by the landlord under a policy or plan of insurance under the Federal Crop Insurance Act; or (D) Is a joint venture and the crop is insured by one of the members under a policy or plan of insurance under the Federal Crop Insurance Act; or (ii) The 2019 Agriculture Risk Coverage-County Option (ARC-CO) benchmark yield multiplied by 85 percent for all other applicants. (4) ARC-CO yields in paragraph (a)(3) of this section for producers growing a crop… | |||||
| 7:7:1.1.1.1.12.4.29.1 | 7 | Agriculture | 9 | PART 9—PANDEMIC ASSISTANCE PROGRAMS | D | Subpart D—Pandemic Assistance Revenue Program | § 9.301 Applicability and administration. | USDA | (a) This subpart specifies the eligibility requirements and payment calculations for the Pandemic Assistance Revenue Program (PARP). FSA is administering PARP to respond to the COVID-19 pandemic by providing support for eligible producers of agricultural commodities who suffered an eligible revenue loss in calendar year 2020 due to the COVID-19 pandemic. To be eligible for PARP payments, participants must comply with all provisions under this subpart. (b) PARP is administered under the general supervision and direction of the Administrator, Farm Service Agency (FSA). (c) The FSA State committee will take any action required by this subpart that an FSA county committee has not taken. The FSA State committee will also: (1) Correct, or require an FSA county committee to correct, any action taken by such county FSA committee that is not in accordance with the regulations of this subpart; or (2) Require an FSA county committee to withhold taking any action that is not in accordance with this subpart. (d) No provision or delegation to an FSA State or county committee will preclude the FSA Administrator, the Deputy Administrator, or a designee or other such person, from determining any question arising under the programs of this subpart, or from reversing or modifying any determination made by an FSA State or county committee. (e) The Deputy Administrator has the authority to permit State and county committees to waive or modify deadlines (except deadlines specified in a law) and other requirements or program provisions not specified in law, in cases where lateness or failure to meet such other requirements or program provisions do not adversely affect operation of PARP. | ||||||
| 7:7:1.1.1.1.12.4.29.10 | 7 | Agriculture | 9 | PART 9—PANDEMIC ASSISTANCE PROGRAMS | D | Subpart D—Pandemic Assistance Revenue Program | § 9.310 Perjury. | USDA | In either applying for or participating in PARP, or both, the producer is subject to laws against perjury and any resulting penalties and prosecution, including, but not limited to, 18 U.S.C. 1621. If the producer willfully makes and represents as true any verbal or written declaration, certification, statement, or verification that the producer knows or believes not to be true, in the course of either applying for or participating in PARP, or both, then the producer may be guilty of perjury and, except as otherwise provided by law, may be fined, imprisoned for not more than 5 years, or both, regardless of whether the producer makes such verbal or written declaration, certification, statement, or verification within or without the United States. | ||||||
| 7:7:1.1.1.1.12.4.29.2 | 7 | Agriculture | 9 | PART 9—PANDEMIC ASSISTANCE PROGRAMS | D | Subpart D—Pandemic Assistance Revenue Program | § 9.302 Definitions. | USDA | The following definitions apply to this subpart. The definitions in part 1400 of this title apply, except where they conflict with the definitions in this section. 2017 WHIP means the 2017 Wildfires and Hurricanes Indemnity Program under 7 CFR part 760, subpart O. Agricultural commodity means a crop, aquaculture, livestock, livestock byproduct, or other animal or animal byproduct that is produced as part of a farming operation and is intended to be commercially marketed. It includes only commodities produced in the United States, or produced outside the United States by a producer located in the United States and marketed inside the United States. It excludes: (1) Wild free-roaming animals; (2) Horses and other animals used or intended to be used for racing or wagering; (3) Aquatic species that do not meet the definition of aquaculture; (4) Cannabis sativa L. and any part of that plant that does not meet the definition of hemp; and (5) Timber. Applicable pandemic assistance includes payments received directly by an applicant under the following programs: (1) The Coronavirus Food Assistance Program (CFAP); (2) The Pandemic Livestock Indemnity Program (PLIP); and (3) The Spot Market Hog Pandemic Program (SMHPP). Application means the PARP application form. Aquaculture means any species of aquatic organisms grown as food for human or livestock consumption or for industrial or biomass uses, fish raised as feed for fish that are consumed by humans, and ornamental fish propagated and reared in an aquatic medium. Eligible aquacultural species must be raised by a commercial operator and in water in a controlled environment. ARC and PLC means the Agriculture Risk Coverage (ARC) and Price Loss Coverage (PLC) programs under 7 CFR part 1412. BCAP means the Biomass Crop Assistance Program under 7 CFR part 1450. Beginning farmer or rancher means a farmer or rancher who has not operated a farm or ranch for more than 10 years and who materially and substantially participates in the operation. For a lega… | ||||||
| 7:7:1.1.1.1.12.4.29.3 | 7 | Agriculture | 9 | PART 9—PANDEMIC ASSISTANCE PROGRAMS | D | Subpart D—Pandemic Assistance Revenue Program | § 9.303 Producer eligibility requirements. | USDA | (a) To be eligible for PARP, a producer must: (1) Have been in the business of farming in the 2020 calendar year; (2) Have had at least a 15 percent decrease in allowable gross revenue for the 2020 calendar year, as compared to the: (i) Actual allowable gross revenue for the 2018 or 2019 calendar year, whichever is reflective of a typical year, as elected by the producer, if the producer had allowable gross revenue in the 2018 or 2019 calendar year; or (ii) Producer's expected allowable gross revenue for the 2020 calendar year, if the producer had no allowable gross revenue for the 2018 and 2019 calendar years; and (3) Meet all other requirements for eligibility under this subpart. (b) To be eligible for a PARP payment, a producer must be a: (1) Citizen of the United States; (2) Resident alien, which for purposes of this subpart means “lawful alien” as defined in part 1400 of this title; (3) Partnership organized under State Law; (4) Corporation, limited liability company, or other organizational structure organized under State law; (5) Indian Tribe or Tribal organization, as defined in section 4(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304); or (6) Foreign person or foreign entity who meets all requirements as described in 7 CFR part 1400. | ||||||
| 7:7:1.1.1.1.12.4.29.4 | 7 | Agriculture | 9 | PART 9—PANDEMIC ASSISTANCE PROGRAMS | D | Subpart D—Pandemic Assistance Revenue Program | § 9.304 Allowable gross revenue. | USDA | (a) For the purposes of this subpart, “allowable gross revenue” includes revenue from: (1) Sales of agricultural commodities produced by the producer, including sales resulting from value added through post-production activities; (2) Sales of agricultural commodities a producer purchased for resale that had a change in characteristic due to the time held (for example, a plant purchased at a size of 2 inches and sold as an 18-inch plant after 4 months), less the cost or other basis of such commodities; (3) The taxable amount of cooperative distributions directly related to the sale of the agricultural commodities produced by the producer; (4) Benefits under the following agricultural programs: ARC and PLC, BCAP, DMC, LDP, MFP, MLG, and MPP-Dairy; (5) CCC loans, if treated as income and reported to IRS; (6) Crop insurance proceeds; (7) Federal disaster program payments under the following programs: 2017 WHIP, ELAP, LFP, LIP, NAP, Milk Loss Program, On-Farm Storage Loss Program, STRP, TAP, and WHIP+; (8) Payments issued through grant agreements with FSA for losses of agricultural commodities; (9) Grants from the Department of Commerce, National Oceanic and Atmospheric Administration and State program funds providing direct payments for the loss of agricultural commodities or the loss of revenue from agricultural commodities; (10) Revenue from raised breeding livestock; (11) Revenue earned as a cattle feeder operation; (12) Other revenue directly related to the production of agricultural commodities that IRS requires the producer to report as income and (13) For 2020 allowable gross revenue, payments PMVAP regardless of the calendar year in which the payment was received. (b) Allowable gross revenue does not include revenue from sources other than those listed in paragraph (a) of this section, including but not limited to, revenue from: (1) Applicable pandemic assistance; (2) Sales of commodities that are excluded from “agricultural commodities,” (3) Resale items not held for characteristic change; … | ||||||
| 7:7:1.1.1.1.12.4.29.5 | 7 | Agriculture | 9 | PART 9—PANDEMIC ASSISTANCE PROGRAMS | D | Subpart D—Pandemic Assistance Revenue Program | § 9.305 Time and method of application. | USDA | (a) A completed PARP application under this subpart must be submitted to any FSA county office by the close of business on the date announced by the Deputy Administrator. Applications may be submitted in person or by mail, email, facsimile, or other methods announced by FSA. (b) Failure of an individual, entity, or a member of an entity to submit the following payment limitation and payment eligibility forms within 60 days from the PARP application deadline, may result in no payment or a reduced payment: (1) Form AD-2047, Customer Data Worksheet, for new customers or existing customers who need to update their customer profile; (2) Form FSA-1122A, PARP Application, if applicable; (3) Form CCC-860, Socially Disadvantaged, Limited Resource, Beginning and Veteran Farmer or Rancher Certification, if applicable; (4) Form CCC-901, Member Information for Legal Entities, if applicable; (5) Form CCC-902 Farm Operating Plan for an individual or legal entity as provided in 7 CFR part 1400; (6) Form CCC-941, Average Adjusted Gross Income (AGI) Certification and Consent to Disclosure of Tax Information, for the 2020 program year for the person or legal entity, including the legal entity's members, partners, or shareholders, as provided in 7 CFR part 1400; (7) Form FSA-1123, Certification of 2020 Adjusted Gross Income (AGI), if applicable; and (8) Form AD-1026, Highly Erodible Land Conservation (HELC) and Wetland Conservation (WC) Certification, for the PARP applicant and applicable affiliates as provided in 7 CFR part 12. (c) If requested by USDA, the producer must provide additional documentation that establishes the producer's eligibility for PARP. If supporting documentation is requested, the documentation must be submitted to USDA within 30 calendar days from the request or the application will be disapproved by USDA. FSA may request supporting documentation to verify information provided by the producer and their eligibility including, but not limited to, the producer's: (1) Allowable gross revenue reported on… | ||||||
| 7:7:1.1.1.1.12.4.29.6 | 7 | Agriculture | 9 | PART 9—PANDEMIC ASSISTANCE PROGRAMS | D | Subpart D—Pandemic Assistance Revenue Program | § 9.306 Payment calculation. | USDA | [88 FR 1877, Jan. 11, 2023, as amended at 90 FR 30558, July 10, 2025] | (a) If the producer's allowable gross revenue for 2020 decreased by at least 15 percent compared to the producer's allowable gross revenue for 2018 or 2019, as elected by the producer: (1) FSA will calculate: (i) The producer's 2018 or 2019 allowable gross revenue, as elected by the producer and as adjusted according to § 9.304(c), if applicable; minus (ii) The producer's 2020 allowable gross revenue; multiplied by (iii) A payment factor of: (A) Ninety (90) percent for a beginning farmer or rancher, limited resource farmer or rancher, or veteran farmer or rancher, who has submitted form CCC-860 certifying they meet the definition for at least one of the applicable groups; or (B) Eighty (80) percent for all other producers; and (2) The producer's PARP payment will be equal to the result of the calculation in paragraph (a)(1) of this section minus the producer's applicable pandemic assistance, and 2020 program year ERP payments. (b) If a producer did not have allowable gross revenue in 2018 and 2019 and the producer's allowable gross revenue for 2020 decreased by at least 15 percent compared to the producer's expected 2020 allowable gross revenue: (1) FSA will calculate: (i) The producer's expected 2020 allowable gross revenue, as specified in § 9.304(d), minus (ii) The producer's actual 2020 allowable gross revenue; (iii) Multiplied by a payment factor of: (A) 90 percent for a beginning farmer or rancher, limited resource farmer or rancher, or veteran farmer or rancher, who has submitted form CCC-860 certifying they meet the definition for at least one of the applicable groups; or (B) 80 percent for all other producers; and (2) The producer's PARP payment will be equal to the result of the calculation in paragraph (b)(1) of this section minus the producer's applicable pandemic assistance, and 2020 program year ERP payments. (c) If a producer receives assistance through 2020 program year ERP or any program included under applicable pandemic assistance after their PARP payment is calculated, their PA… | |||||
| 7:7:1.1.1.1.12.4.29.7 | 7 | Agriculture | 9 | PART 9—PANDEMIC ASSISTANCE PROGRAMS | D | Subpart D—Pandemic Assistance Revenue Program | § 9.307 Adjusted gross income limitation, payment limitation, and attribution. | USDA | (a) To be eligible to receive a PARP payment and facilitate administration of paragraphs (b) through (f) of this section, a person or legal entity must provide their name, address, valid taxpayer identification number, and ownership share to USDA. In addition, a legal entity must provide the name, address, valid taxpayer identification number, and ownership share of each person or legal entity, that holds or acquires a direct or indirect ownership interest in the legal entity. PARP payments to a legal entity will be reduced in proportion to a member's ownership share when a valid taxpayer identification number for a person or legal entity that holds less than a 10 percent direct or indirect ownership interest, at or above the fourth level of ownership in the business structure, is not provided to USDA. Additionally, a legal entity will not be eligible to receive PARP payments when a valid taxpayer identification number for a person or legal entity that holds a direct or indirect ownership interest of 10 percent or greater, at or above the fourth level of ownership in the business structure, is not provided to USDA. (b) The $900,000 average adjusted gross income limitation provisions in 7 CFR part 1400 relating to limits on income for persons or legal entities, including members of legal entities, joint ventures, and general partnerships applies to PARP. The average adjusted gross income will be calculated for a person or legal entity based on the 2016, 2017, and 2018 tax years. If the person's or legal entity's average adjusted gross income exceeds $900,000, the applicant is ineligible for PARP except as provided in paragraph (c) of this section. (c) A person or legal entity that does not meet the average adjusted gross income requirements described in paragraph (b) of this section, may otherwise meet the adjusted gross income requirements, provided the person's or legal entity's 2020 adjusted gross income, as defined under 26 U.S.C. 62 or comparable measure, is not more than $900,000. Except for general partne… | ||||||
| 7:7:1.1.1.1.12.4.29.8 | 7 | Agriculture | 9 | PART 9—PANDEMIC ASSISTANCE PROGRAMS | D | Subpart D—Pandemic Assistance Revenue Program | § 9.308 Eligibility subject to verification. | USDA | (a) Producers who are approved for participation in PARP are required to retain documentation in support of their application for 3 years after the date of approval. (b) Participants receiving PARP payments must permit authorized representatives of USDA or the Government Accountability Office, during regular business hours, to enter the agricultural operation and to inspect, examine, and to allow representatives to make copies of books, records, or other items for the purpose of confirming the accuracy of the information provided by the participant. | ||||||
| 7:7:1.1.1.1.12.4.29.9 | 7 | Agriculture | 9 | PART 9—PANDEMIC ASSISTANCE PROGRAMS | D | Subpart D—Pandemic Assistance Revenue Program | § 9.309 Miscellaneous provisions. | USDA | (a) If a PARP payment resulted from erroneous information provided by a producer, or any person acting on their behalf, the payment will be recalculated and the producer must refund any excess payment with interest calculated from the date of the disbursement of the payment. (b) If FSA determines that the producer intentionally misrepresented information provided on their application, the application will be disapproved and the producer must refund the full payment to FSA with interest from the date of disbursement. (c) Any required refunds must be resolved in accordance with part 3 of this title. (d) The regulations in 7 CFR part 718, subpart D, and 7 CFR parts 11 and 780 apply to determinations made under this subpart. (e) A producer, whether a person or legal entity that either fails to timely provide all required documentation or fails to satisfy any eligibility requirement for PARP, is not eligible to receive PARP payments, directly or indirectly. A PARP payment to an eligible legal entity applicant whose member(s) either fails to timely provide all required documentation or fails to satisfy any eligibility requirement for PARP will be reduced proportionate to that member's ownership interest in the legal entity. (f) Any payment under this subpart will be made without regard to questions of title under State law and without regard to any claim or lien against the commodity or proceeds from the sale of the commodity. The regulations governing offsets in part 3 of this title do not apply to payments made under this subpart. (g) For the purposes of the effect of a lien on eligibility for Federal programs (28 U.S.C. 3201(e)), USDA waives the restriction on receipt of funds under PARP but only as to beneficiaries who, as a condition of the waiver, agree to apply the PARP payments to reduce the amount of the judgment lien. (h) The provisions in 7 CFR 718.3, 718.4, 718.5, 718.6, 718.8, 718.9, 718.10, and 718.11 are applicable to multiple programs and apply to PARP. (i) In addition to any other Federal laws … |
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