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7 U.S.C. § 9056 — Production history of participating dairy operations
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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Stable record: federal_law:legal_authorities:record_usc_eaaf135b2ec796c35127c16b
Source file: Laws/federal/codes/united-states-code/title-7/section-9056-production-history-of-participating-dairy-operations--f486b241f5.md
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Source location: Title 7, Chapter 115, § 9056; chapter-115-agricultural-commodity-policy-and-programs.md
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**(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
**(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) Maintenance of base acres and payment yields** The Secretary shall maintain, for each covered commodity and upland cotton, base acres and payment yields on a farm established under sections 8702 and 8751 of this title, as adjusted pursuant to sections 8711, 8712, 8718, and 8752 of this title, as in effect on September 30, 2013, and as adjusted pursuant to sections 9012 and 9013 of this title.
**(b) Streamlining** In implementing this chapter and the amendments made by this title,11 See References in Text note below. the Secretary shall—
(1) continue to reduce administrative burdens and costs to producers by streamlining and reducing paperwork, forms, and other administrative requirements, to ensure that—
(A) a producer (or an agent of a producer) may report information, electronically (including geospatial data) or conventionally, to the Department of Agriculture, subject to the Secretary—
(i) establishing reasonable levels of tolerance that reflect the differences in accuracy between measures of common land units and geospatial data; and
(ii) ensuring that discrepancies that occur within the levels of tolerance established under clause (i) shall not be used to penalize a producer (or an agent of a producer) under any program administered by the Department of Agriculture;
(B) on the request of a producer (or an agent of a producer), the Department of Agriculture electronically shares with the producer (or agent) in real time and without cost to the producer (or agent) the common land unit data, related farm level data, conservation practices, and other information of the producer through a single Department of Agriculture-wide login;
(C) not later than September 30, 2020, the Administrator of the Risk Management Agency and the Administrator of
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 9001
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The Secretary shall make grants to State departments of agriculture (or such equivalent department) to expand or sustain stress assistance programs for individuals who are engaged in farming, ranching, and other agriculture-related occupations, including—
(1) programs that meet the criteria specified in [section 5936(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section5936/b/1&num=0&edition=prelim); and
(2) any State initiatives carried out as of December 27, 2020, that provide stress assistance for such individuals.
**(b) Grant timing and amount** In making grants under subsection (a), not later than 60 days after December 27, 2020, and subject to subsection (c), the Secretary shall—
(1) make awards to States submitting State plans that meet the criteria specified in paragraph (1) of such subsection within the time period specified by the Secretary; and
(2) of the amounts made available under subsection (f), allocate among such States, an amount to be determined by the Secretary, which in no case may exceed $500,000 for each State.
**(c) State plan**
(1) **In general** — A State department of agriculture seeking a grant under subsection (a) shall submit to the Secretary a State plan to expand or sustain stress assistance programs described in that subsection that includes—
(A) a description of each activity and the estimated amount of funding to support each program and activity carried out through such a program;
(B) an estimated timeline for the operation of each such program and activity;
(C) the total amount of funding sought; and
(D) an assurance that the State department of agriculture will comply with the reporting requirement under subsection (e).
(2) **Guidance** — Not later tha
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 5936a
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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
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 9052
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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
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 9057
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Calculation of premiums** For purposes of participating in dairy margin coverage, a participating dairy operation shall pay an annual premium equal to the product obtained by multiplying—
(1) the coverage percentage elected by the participating dairy operation under [section 9056(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section9056/a/2&num=0&edition=prelim);
(2) the production history of the participating dairy operation; and
(3) the premium per hundredweight of milk imposed by this section for the coverage level selected.
**(b) Tier I: premium per hundredweight for first 6,000,000 pounds of production**
(1) **In general** — For the first 6,000,000 pounds of milk marketings included in the production history of a participating dairy operation, the premium per hundredweight for each coverage level is specified in the table contained in paragraph (2).
(2) **Producer premiums** — Except as provided in subsection (g), the following annual premiums apply: Coverage LevelPremium per Cwt. $4.00None $4.50$0.0025 $5.00$0.005 $5.50$0.030 $6.00$0.050 $6.50$0.070 $7.00$0.080 $7.50$0.090 $8.00$0.100 $8.50$0.105 $9.00$0.110 $9.50$0.150
**(c) Tier II: premium per hundredweight for production in excess of 6,000,000 pounds**
(1) **In general** — For milk marketings in excess of 6,000,000 pounds included in the production history of a participating dairy operation, the premium per hundredweight for each coverage level is specified in the table contained in paragraph (2).
(2) **Producer premiums** — Except as provided in subsection (g), the following annual premiums apply: Coverage LevelPremium per Cwt. $4.00None $4.50$0.0025 $5.00$0.005 $5.50$0.100 $6.00$0.310 $6.50$0.650 $7.00$1.107 $7.50$1.413 $8.00$1.813
**(d) Time for pay
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 9058
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Federal law — U.S. Code and appendices · legal_authorities
Page 2286
TITLE 7—AGRICULTURE
§ 9056
pating dairy operation shall elect the annual
milk marketings during any 1 calendar year to
determine the production history of the par-
ticipating dairy operation.
(3) Adjustment
The Secretary shall adjust the production
history of a participating dairy operation de-
termined under paragraph (1) or (2) to reflect
any increase or decrease in the national aver-
age milk production relative to calendar year
2017.
(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 op-
eration 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).
(Pub. L. 113–79, title I, § 1405, Feb. 7, 2014, 128
Stat. 690; Pub. L. 115–123, div. F, § 60101(b)(3),
Feb. 9, 2018, 132 Stat. 311; Pub. L. 115–334, title I,
§ 1401(f), (k)(6), Dec. 20, 2018, 132 Stat. 4513, 4517;
Pub. L. 118–22, div. B, title I, § 102(c)(2)(A), Nov.
17, 2023, 137 Stat. 115.)
Editorial Notes
AMENDMENTS
2023—Subsec. (a)(1). Pub. L. 118–22, § 102(c)(2)(A)(i), in-
serted ‘‘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), sub-
stituted ‘‘dairy margin coverage’’ for ‘‘the margin pro-
tection program’’ in two places.
Subsec. (a)(2). Pub. L. 115–334, § 1401(f)(1)(A)(i), sub-
stituted ‘‘In
Source: Supplied 2024 U.S. Code historical extraction · 7 U.S.C. § 9056
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