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7 U.S.C. § 9055 — Participation of dairy operations in dairy margin coverage
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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Source file: Laws/federal/codes/united-states-code/title-7/section-9055-participation-of-dairy-operations-in-dairy-margin-coverage--5202a14780.md
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Source location: Title 7, Chapter 115, § 9055; chapter-115-agricultural-commodity-policy-and-programs.md
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**(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.) before February 9, 2018.
(3) **Election period for 2019 calendar year** — For the 2019 calendar year, the Secretary shall—
(A) open the election period not later than 60 days after the effective date described in section 1401(m) of the Agriculture Improvement Act of 2018; and
(B) hold that election period open for not less than 90 days.
(4) **Treatment of multiproducer dairy operation**
(A) *In general* — If a participating dairy operation is operated by more than 1 dairy producer, the dairy producers of the dairy operation who elect to participate shall be treated as a single dairy operation for purposes of participating in dairy margin coverage.
(B) *Rule of construction* — Subparagraph (A) shall not be construed to allow a producer to adjust the proportion of their share covered under tier I or tier II premiums from the proportion covered for the operation.
(5) **Treatment of producers with multiple dairy operations** — If a dairy producer operates 2 or more dairy operations, each dairy operation of the producer shall separately register to participate in dairy margin coverage.
**(c) Annual administrative fee**
(1) **Administrative fee required** — Each participating dairy operation shall—
(A) pay an administrative fee to register to participate in dairy margin coverage; and
(B) pay the administrative fee annually through the duration of dairy margin coverage specified in [section 9059 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section9059&num=0&edition=prelim).
(2) **Amount of fee** — The administrative fee for a participating dairy operation shall be $100.
(3) **Use of fees** — The Secretary shall use administrative fees collected under this subsection to cover administrative costs incurred to carry out dairy margin coverage.
(4) **Exemption** — A limited resource, beginning, veteran, or socially disadvantaged farmer, as defined by the Secretary, shall be exempt from the administrative fee under this subsection.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Adjustment authority** Subject to subsection (e), the Secretary may make appropriate adjustments in the loan rates for any loan commodity (other than cotton) for differences in grade, type, quality, location, and other factors.
**(b) Manner of adjustment** The adjustments under subsection (a) shall, to the maximum extent practicable, be made in such a manner that the average loan level for the commodity will, on the basis of the anticipated incidence of the factors, be equal to the level of support determined in accordance with this subchapter and subtitle C.
**(c) Adjustment on county basis**
(1) **In general** — The Secretary may establish loan rates for a crop for producers in individual counties in a manner that results in the lowest loan rate being 95 percent of the national average loan rate, if those loan rates do not result in an increase in outlays.
(2) **Prohibition** — Adjustments under this subsection shall not result in an increase in the national average loan rate for any year.
**(d) Adjustment in loan rate for cotton**
(1) **In general** — The Secretary may make appropriate adjustments in the loan rate for cotton for differences in quality factors.
(2) **Types of adjustments** — Loan rate adjustments under paragraph (1) may include—
(A) the use of non-spot market price data, in addition to spot market price data, that would enhance the accuracy of the price information used in determining quality adjustments under this subsection;
(B) adjustments in the premiums or discounts associated with upland cotton with a staple length of 33 or above due to micronaire with the goal of eliminating any unnecessary artificial splits in the calculations of the premiums or discounts; and
(C) such other adjustments as the Secretary determines appropr
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 9051
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Loss of benefits** A participating dairy operation that fails to pay the required annual administrative fee under [section 9054 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section9054&num=0&edition=prelim) or is in arrears on premium payments under [section 9057 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section9057&num=0&edition=prelim)—
(1) remains legally obligated to pay the administrative fee or premiums, as the case may be; and
(2) may not receive dairy margin coverage payments until the fees or premiums are fully paid.
**(b) Enforcement** The Secretary may take such action as necessary to collect administrative fees and premium payments for participation in dairy margin coverage.
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 9059
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Federal law — U.S. Code and appendices · legal_authorities
This subchapter may be cited as the “Federal Crop Insurance Act”. Except as otherwise expressly provided the provisions in titles I to IV, inclusive, shall not apply with respect to this subchapter, and the term “Act” wherever it appears in such titles shall not be construed to include this subchapter.
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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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Federal law — U.S. Code and appendices · legal_authorities
**(a) Coverage level threshold and coverage percentage**
(1) **Coverage level threshold**
(A) *In general* — For purposes of receiving dairy margin coverage payments for a month, a participating dairy operation shall annually elect a coverage level threshold that is equal to $4.00, $4.50, $5.00, $5.50, $6.00, $6.50, $7.00, $7.50, $8.00, $8.50, $9.00, or $9.50.
(B) *Applicability* — Except as provided in subparagraph (C), the coverage level threshold elected under subparagraph (A) shall apply to the covered production elected by the participating dairy operation under paragraph (2).
(C) *Second coverage election for tier II* — In the case of a participating dairy operation that elects a coverage level threshold of $8.50, $9.00, or $9.50 under subparagraph (A)—
(i) that coverage level threshold shall apply to the first 6,000,000 pounds of milk marketings included in the covered production elected by the participating dairy operation; and
(ii) the participating dairy operation shall elect a coverage level threshold that is equal to $4.00, $4.50, $5.00, $5.50, $6.00, $6.50, $7.00, $7.50, or $8.00 to apply to milk marketings in excess of 6,000,000 pounds included in the covered production elected by the participating dairy operation.
(2) **Coverage percentage** — For purposes of receiving dairy margin coverage payments for a month, a participating dairy operation shall annually elect a percentage of coverage, in 5-percent increments, not exceeding 95 percent of the production history of the participating dairy operation.
**(b) Payment threshold** A participating dairy operation shall receive a dairy margin coverage payment whenever the average actual dairy production margin for a month is less than the coverage level threshold selected by the participat
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Federal law — U.S. Code and appendices · legal_authorities
Page 796
TITLE 7—AGRICULTURE
§ 1501
SUBCHAPTER I—FEDERAL CROP
INSURANCE
§ 1501. Short title and application of other provi-
sions
This subchapter may be cited as the ‘‘Federal
Crop Insurance Act’’. Except as otherwise ex-
pressly provided the provisions in titles I to IV,
inclusive, shall not apply with respect to this
subchapter, and the term ‘‘Act’’ wherever it ap-
pears in such titles shall not be construed to in-
clude this subchapter.
(Feb. 16, 1938, ch. 30, title V, § 501, 52 Stat. 72;
Pub. L. 110–234, title XII, § 12033(c), May 22, 2008,
122 Stat. 1405; Pub. L. 110–246, § 4(a), title XII,
§ 12033(c), June 18, 2008, 122 Stat. 1664, 2167.)
Editorial Notes
REFERENCES IN TEXT
‘‘Titles I to IV, inclusive,’’ and ‘‘such titles’’, referred
to in text, are references to titles I to IV of act Feb. 16,
1938, ch. 30, 52 Stat. 31, known as the Agricultural Ad-
justment Act of 1938, which is classified principally to
chapter 35 (§ 1281 et seq.) of this title. For complete
classification of this Act to the Code, see section 1281
of this title and Tables.
CODIFICATION
Pub. L. 110–234 and Pub. L. 110–246 made identical
amendments to this section. The amendments by Pub.
L. 110–234 were repealed by section 4(a) of Pub. L.
110–246.
AMENDMENTS
2008—Pub. L. 110–246, § 12033(c), inserted section catch-
line and substituted ‘‘subchapter’’ for ‘‘chapter’’ wher-
ever appearing in text.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2008 AMENDMENT
Amendment of this section and repeal of Pub. L.
110–234 by Pub. L. 110–246 effective May 22, 2008, the
date of enactment of Pub. L. 110–234, see section 4 of
Pub. L. 110–246, set out as an Effective Date note under
section 8701 of this title.
EFFECTIVE DATE OF 2000 AMENDMENT
Pub. L. 106–224, title I, §
Source: Supplied 2024 U.S. Code historical extraction · 7 U.S.C. § 1501
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Federal law — U.S. Code and appendices · legal_authorities
Page 2285
TITLE 7—AGRICULTURE
§ 9055
ch. 30, 52 Stat. 72, which is classified generally to sub-
chapter I (§ 1501 et seq.) of chapter 36 of this title. For
complete classification of this Act to the Code, see sec-
tion 1501 of this title and Tables.
Section 1401(m) of the Agriculture Improvement Act
of 2018, referred to in subsec. (b)(3)(A), is section 1401(m)
of Pub. L. 115–334, which is set out as a note under sec-
tion 9051 of this title.
AMENDMENTS
2018—Pub.
L.
115–334,
§ 1401(k)(5)(A),
substituted
‘‘dairy margin coverage’’ for ‘‘margin protection pro-
gram’’ in section catchline.
Subsec. (a). Pub. L. 115–334, § 1401(k)(5)(B), substituted
‘‘eligible to participate in dairy margin coverage to re-
ceive dairy margin coverage payments’’ for ‘‘eligible to
participate in the margin protection program to re-
ceive margin protection payments’’.
Subsec. (b)(1). Pub. L. 115–334, § 1401(k)(5)(C), sub-
stituted ‘‘dairy margin coverage’’ for ‘‘the margin pro-
tection program’’.
Pub.
L.
115–123,
§ 60101(b)(2)(A)(i),
inserted
‘‘, including the establishment of a date each calendar
year by which a dairy operation shall register for the
calendar year’’ before period at end.
Subsec. (b)(2). Pub. L. 115–334, § 1401(e)(2), designated
existing provisions as subpar. (A), inserted heading, and
added subpar. (B).
Pub. L. 115–123, § 60101(b)(2)(A)(iii), added par. (2).
Former par. (2) redesignated (3).
Subsec. (b)(3). Pub. L. 115–334, § 1401(d)(2), added par.
(3) and struck out former par. (3). Prior to amendment,
text read as follows: ‘‘If a participating dairy operation
is operated by more than 1 dairy producer, all of the
dairy producers of the participating dairy operation
shall be treated as a single dairy operation for purposes
of participating in t
Source: Supplied 2024 U.S. Code historical extraction · 7 U.S.C. § 9055
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