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7 U.S.C. § 9052 — Definitions
Federal law — U.S. Code and appendices · legal_authorities
In this part:
(1) **Actual dairy production margin** — 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section9052&num=0&edition=prelim).
(2) **All-milk price** — 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) **Average feed cost** — 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section9052&num=0&edition=prelim) 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) **Dairy operation**
(A) *In general* — 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) *Additional ownership structures* — The Secretary shall determine additional ownership structures to be covered by the defi
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Stable record: federal_law:legal_authorities:record_usc_409f6c72a5eb13b0a8a574e3
Source file: Laws/federal/codes/united-states-code/title-7/section-9052-definitions--541dd33935.md
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Source location: Title 7, Chapter 115, § 9052; chapter-115-agricultural-commodity-policy-and-programs.md
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In this part:
(1) **Actual dairy production margin** — 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section9052&num=0&edition=prelim).
(2) **All-milk price** — 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) **Average feed cost** — 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section9052&num=0&edition=prelim) 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) **Dairy operation**
(A) *In general* — 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) *Additional ownership structures* — The Secretary shall determine additional ownership structures to be covered by the definition of dairy operation.
(5) **Dairy margin coverage** — The term “dairy margin coverage” means the dairy margin coverage program required by [section 9053 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section9053&num=0&edition=prelim).
(6) **Dairy margin coverage payment** — 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section9056&num=0&edition=prelim).
(7) **Participating dairy operation** — The term “participating dairy operation” means a dairy operation that registers under [section 9054 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section9054&num=0&edition=prelim) to participate in dairy margin coverage.
(8) **Production history** — 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section9055&num=0&edition=prelim).
(9) **Secretary** — The term “Secretary” means the Secretary of Agriculture.
(10) **United States** — 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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Eligibility** All dairy operations in the United States shall be eligible to participate in dairy margin coverage to receive dairy margin coverage payments.
**(b) Registration process**
(1) **In general** — The Secretary shall specify the manner and form by which a participating dairy operation may register to participate in dairy margin coverage, including the establishment of a date each calendar year by which a dairy operation shall register for the calendar year.
(2) **Extension of election period for 2018 calendar year**
(A) *In general* — The Secretary shall extend the election period for the 2018 calendar year by not less than 90 days after February 9, 2018, or such additional period as the Secretary determines is necessary for dairy operations to make new elections to participate for that calendar year, including dairy operations that elected to so participate before February 9, 2018.
(B) *Retroactive program option* — In the case of a dairy operation that, by operation of subsection (d) (as in effect on the day before December 20, 2018), was ineligible to participate in the margin protection program for any part of calendar year 2018, the Secretary shall establish a new election period for that calendar year that ends on a date that is not less than 90 days after December 20, 2018, and the Secretary determines is necessary for dairy operations to make new elections to participate in the margin protection program (as in effect on the day before December 20, 2018) for that calendar year, including dairy operations that elected to participate in the livestock gross margin for dairy program under the Federal Crop Insurance Act ([7 U.S.C. 1501](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1501&num=0&edition=prelim) et seq
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Calculation of average feed cost** The Secretary shall calculate the national average feed cost for each month using the following data:
(1) The price of corn for a month shall be the price received during that month by farmers in the United States for corn, as reported in the monthly Agricultural Prices report by the Secretary.
(2) The price of soybean meal for a month shall be the central Illinois price for soybean meal, as reported in the Market News–Monthly Soybean Meal Price Report by the Secretary.
(3) The price of alfalfa hay for a month shall be the price received during that month by farmers in the United States for alfalfa hay, as reported in the monthly Agricultural Prices report by the Secretary.
**(b) Calculation of actual dairy production margin**
(1) **In general** — For use in dairy margin coverage, the Secretary shall calculate the actual dairy production margin for each month by subtracting—
(A) the average feed cost for that month, determined in accordance with subsection (a); from
(B) the all-milk price for that month.
(2) **Time for calculation** — The calculation required by this subsection shall be made as soon as practicable using the full-month price of the applicable reference month.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The Secretary shall continue to administer a dairy margin coverage program for dairy producers under which participating dairy operations are paid a dairy margin coverage payment when actual dairy production margins are less than the threshold levels for a dairy margin coverage payment.
**(b) Regulations** Subpart A of part 1430 of title 7, Code of Federal Regulations (as in effect on December 20, 2018), shall remain in effect for dairy margin coverage beginning with the 2019 calendar year, except to the extent that the regulations are inconsistent with any provision of this Act.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Production history** 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) Election by new dairy operations** 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) Required information** 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) Limitation on changes to business structure** 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).
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Federal law — U.S. Code and appendices · legal_authorities
Page 2283
TITLE 7—AGRICULTURE
§ 9053
Islands of the United States, and any other
territory or possession of the United States.
(Pub. L. 113–79, title I, § 1401, Feb. 7, 2014, 128
Stat. 688; Pub. L. 115–123, div. F, § 60101(b)(1)(A),
Feb. 9, 2018, 132 Stat. 311; Pub. L. 115–334, title I,
§§ 1401(k)(2), 1404(b)(2), Dec. 20, 2018, 132 Stat.
4516, 4521.)
Editorial Notes
AMENDMENTS
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 No-
vember 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’’, respec-
tively.
Pub. L. 115–123, § 60101(b)(1)(A)(ii), redesignated pars.
(6) and (7) as (5) and (6), respectively. Former par. (5) re-
designated (4).
Pars. (7), (8). Pub. L. 115–334, § 1401(k)(2)(B), sub-
stituted ‘‘dairy margin coverage’’ for ‘‘the margin pro-
tection program’’.
Pub. L. 115–123, § 60101(b)(1)(A)(ii), redesignated pars.
(8) and (9) as (7) and (8), respectively. Former par. (7) re-
designated (6).
Pars. (9) to (11). Pub. L. 115–123, § 60101(b)(1)(A)(ii), re-
designated pars. (10) and (11) as (9) and (10), respec-
tively. 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
Source: Supplied 2024 U.S. Code historical extraction · 7 U.S.C. § 9052
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