§9055 — Title 7 Agriculture | U.S. Code

Summary

For dairy margin coverage, a farm’s production history is its largest yearly milk sales in 2021, 2022, or 2023. If a farm has been operating less than one year, it must pick one way for the Secretary to set its history: either use the milk actually sold so far and scale it up to a year, or estimate sales from the herd size compared with the national rolling herd average. The farm must give any information the Secretary asks to establish the history. The Secretary cannot pay a farm that changed its business only to qualify as a new operation under the less-than-one-year rule.

Title 7, §9055

Agriculture — Source: USLM XML via OLRC

(a)Except as provided in subsection (b), the production history of a dairy operation for dairy margin coverage is equal to the highest annual milk marketings of the participating dairy operation during any 1 of the 2021, 2022, or 2023 calendar years.

(b)In the case of a participating dairy operation that has been in operation for less than a year, the participating dairy operation shall elect 1 of the following methods for the Secretary to determine the production history of the participating dairy operation:

(1)The volume of the actual milk marketings for the months the participating dairy operation has been in operation extrapolated to a yearly amount.

(2)An estimate of the actual milk marketings of the participating dairy operation based on the herd size of the participating dairy operation relative to the national rolling herd average data published by the Secretary.

(c)A participating dairy operation shall provide all information that the Secretary may require in order to establish the production history of the participating dairy operation for purposes of participating in dairy margin coverage.

(d)The Secretary may not make dairy margin coverage payments to a participating dairy operation if the Secretary determines that the participating dairy operation has reorganized the structure of such operation solely for the purpose of qualifying as a new operation under subsection (b).

Notes & Related Subsidiaries

Editorial Notes

Amendments

2025—Subsecs. (a), (b). Pub. L. 119–21 added subsecs. (a) and (b) and struck out former subsecs. (a) and (b) which related to production history of dairy operations for dairy margin coverage and election of prescribed methods to determine the production history, respectively. 2023—Subsec. (a)(1). Pub. L. 118–22, § 102(c)(2)(A)(i), inserted “paragraph (4) and” before “subsection (b)”. Subsec. (a)(4). Pub. L. 118–22, § 102(c)(2)(A)(ii), added par. (4). 2018—Subsec. (a)(1). Pub. L. 115–334, § 1401(k)(6), substituted “dairy margin coverage” for “the margin protection program” in two places. Subsec. (a)(2). Pub. L. 115–334, § 1401(f)(1)(A)(i), substituted “In the subsequent calendar years ending before January 1, 2019” for “In subsequent years”. Subsec. (a)(3). Pub. L. 115–334, § 1401(f)(1)(A)(ii), inserted “, as applicable” after “paragraph (2)”. Pub. L. 115–123 added par. (3). Subsec. (b). Pub. L. 115–334, § 1401(f)(1)(B), designated existing provisions as par. (1), inserted heading, redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, of par. (1), realigned margins, and added pars. (2) and (3). Subsec. (c). Pub. L. 115–334, § 1401(k)(6), substituted “dairy margin coverage” for “the margin protection program”. Subsec. (d). Pub. L. 115–334, § 1401(f)(2), added subsec. (d).

Statutory Notes and Related Subsidiaries

Effective Date

of 2023 AmendmentAmendment by Pub. L. 118–22 to be applied and administered as if enacted on Sept. 30, 2023, see section 102(g) of Pub. L. 118–22, set out in an Extension of Agricultural Programs note under section 9001 of this title.

Effective Date

of 2018 AmendmentAmendment by Pub. L. 115–334 effective on Jan. 1, 2019, see section 1401(m) of Pub. L. 115–334, set out as a note under section 9051 of this title. Amendment by Pub. L. 115–123 applicable beginning with the 2018 calendar year, see section 60101(b)(5) of Pub. L. 115–123, set out as a note under section 9051 of this title.

§9055 Production history of participating dairy operations

Summary

Title 7, §9055

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata