§9051 — Title 7 Agriculture | U.S. Code

Summary

Defines key words used for the dairy margin coverage program. Actual dairy production margin is the all-milk price minus the average feed cost, calculated under section 9052. All-milk price is the average price dairy operations get per hundredweight of milk, as set by the Secretary. Average feed cost is calculated under section 9052 as 1.0728 times the corn price per bushel plus 0.00735 times the soybean meal price per ton plus 0.0137 times the alfalfa hay price per ton. Dairy operation is one or more producers who produce and sell milk as a single operation, share production risk, and contribute resources in line with their share of proceeds; the Secretary can recognize other ownership types. Dairy margin coverage is the program in section 9053. Dairy margin coverage payment is a payment under section 9056. Participating dairy operation is one that registers under section 9054. Production history is set under section 9055. Secretary means the Secretary of Agriculture. United States, geographically, includes the 50 States, the District of Columbia, American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, the Virgin Islands of the United States, and any other territory or possession of the United States.

Title 7, §9051

Agriculture — Source: USLM XML via OLRC

In this part:

(1)The term “actual dairy production margin” means the difference between the all-milk price and the average feed cost, as calculated under section 9052 of this title.

(2)The term “all-milk price” means the average price received, per hundredweight of milk, by dairy operations for all milk sold to plants and dealers in the United States, as determined by the Secretary.

(3)The term “average feed cost” means the average cost of feed used by a dairy operation to produce a hundredweight of milk, determined under section 9052 of this title using the sum of the following:

(A)The product determined by multiplying 1.0728 by the price of corn per bushel.

(B)The product determined by multiplying 0.00735 by the price of soybean meal per ton.

(C)The product determined by multiplying 0.0137 by the price of alfalfa hay per ton.

(4)(A)The term “dairy operation” means, as determined by the Secretary, 1 or more dairy producers that produce and market milk as a single dairy operation in which each dairy producer—

(i)shares in the risk of producing milk; and

(ii)makes contributions (including land, labor, management, equipment, or capital) to the dairy operation of the individual or entity, which are at least commensurate with the individual or entity’s share of the proceeds of the operation.

(B)The Secretary shall determine additional ownership structures to be covered by the definition of dairy operation.

(5)The term “dairy margin coverage” means the dairy margin coverage program required by section 9053 of this title.

(6)The term “dairy margin coverage payment” means a payment made to a participating dairy operation under dairy margin coverage pursuant to section 9056 of this title.

(7)The term “participating dairy operation” means a dairy operation that registers under section 9054 of this title to participate in dairy margin coverage.

(8)The term “production history” means the production history determined for a participating dairy operation under subsection (a) or (b) of section 9055 of this title.

(9)The term “Secretary” means the Secretary of Agriculture.

(10)The term “United States”, in a geographical sense, means the 50 States, the District of Columbia, American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, the Virgin Islands of the United States, and any other territory or possession of the United States.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2025—Par. (8). Pub. L. 119–21 struck out “when the participating dairy operation first registers to participate in dairy margin coverage” after “section 9055 of this title”. 2018—Pub. L. 115–334, § 1404(b)(2), struck out “and part B” after “this part” in introductory provisions. Par. (4). Pub. L. 115–123 redesignated par. (5) as (4) and struck out former par. (4). Prior to amendment, text read as follows: “The term ‘consecutive 2-month period’ refers to the 2-month period consisting of the months of January and February, March and April, May and June, July and August, September and October, or November and December, respectively.” Pars. (5), (6). Pub. L. 115–334, § 1401(k)(2)(A), added pars. (5) and (6) and struck out former pars. (5) and (6) which defined the terms “margin protection program” and “margin protection program payment”, respectively. Pub. L. 115–123, § 60101(b)(1)(A)(ii), redesignated pars. (6) and (7) as (5) and (6), respectively. Former par. (5) redesignated (4). Pars. (7), (8). Pub. L. 115–334, § 1401(k)(2)(B), substituted “dairy margin coverage” for “the margin protection program”. Pub. L. 115–123, § 60101(b)(1)(A)(ii), redesignated pars. (8) and (9) as (7) and (8), respectively. Former par. (7) redesignated (6). Pars. (9) to (11). Pub. L. 115–123, § 60101(b)(1)(A)(ii), redesignated pars. (10) and (11) as (9) and (10), respectively. Former par. (9) redesignated (8).

Statutory Notes and Related Subsidiaries

Effective Date

of 2018 Amendment Pub. L. 115–334, title I, § 1401(m), Dec. 20, 2018, 132 Stat. 4518, provided that: “The

Amendments

made by this section [amending this section and sections 9052 to 9060 of this title] shall take effect on January 1, 2019.” Pub. L. 115–123, div. F, § 60101(b)(5), Feb. 9, 2018, 132 Stat. 312, provided that: “The

Amendments

made by this subsection [amending this section and section 9052 and 9054 to 9057 of this title] shall apply beginning with the 2018 calendar year.”

§9051 Definitions

Summary

Title 7, §9051

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Amendments

Amendments

Citations & Metadata