7 U.S.C. § 9058 — Effect of failure to pay administrative fees

Page 2289 TITLE 7—AGRICULTURE § 9058 through 2017 for which the amount described in subparagraph (A) of that paragraph is great- er than the amount described in subparagraph (B) of that paragraph. (g) Premium discount The premium per hundredweight specified in the tables contained in subsections (b) and (c) for each coverage level shall be reduced by 25 percent in accordance with the following: (1) In general For each of calendar years 2019 through 2023, for a participating dairy operation that makes a 1-time election of coverage level in a tier and of a percentage of coverage under section 9056(a) of this title for the 5-year period begin- ning in January 2019. (2) New dairy operations For each applicable calendar year through 2023, for a participating dairy operation that— (A) establishes a production history pursu- ant to section 9055(b) of this title; and (B) makes a 1-time election of coverage level in a tier and of a percentage of cov- erage under section 9056(a) of this title for the period beginning with the first available calendar year and ending in December 2023. (3) Full participation required Notwithstanding the annual elections under section 9056(a) of this title— (A) a 1-time enrollment under this sub- section shall remain in effect for the full du- ration applicable to a participating dairy op- eration in accordance with paragraph (1) or (2)(B), as applicable; and (B) a participating dairy operation that makes a 1-time enrollment under this sub- section and is noncompliant under section 9058 of this title shall be subject to that sec- tion. (Pub. L. 113–79, title I, § 1407, Feb. 7, 2014, 128 Stat. 691; Pub. L. 115–123, div. F, § 60101(b)(4), Feb. 9, 2018, 132 Stat. 312; Pub. L. 115–334, title I, § 1401(h)–(j), (k)(8), Dec. 20, 2018, 132 Stat. 4514, 4515, 4517.) Editorial Notes AMENDMENTS 2018—Pub. L. 115–334, § 1401(k)(8)(A), substituted ‘‘dairy margin coverage’’ for ‘‘margin protection pro- gram’’ in section catchline. Subsec. (a). Pub. L. 115–334, § 1401(k)(8)(B), substituted ‘‘dairy margin coverage’’ for ‘‘the margin protection program’’ in introductory provisions. Subsec. (b). Pub. L. 115–123, § 60101(b)(4)(A)(i), sub- stituted ‘‘Tier I: premium per hundredweight for first 5,000,000 pounds of production’’ for ‘‘Premium per hun- dredweight for first 4 million pounds of production’’ in heading. Subsec. (b)(1). Pub. L. 115–123, § 60101(b)(4)(A)(ii), sub- stituted ‘‘5,000,000’’ for ‘‘4,000,000’’. Subsec. (b)(2). Pub. L. 115–334, § 1401(h)(1), added par. (2) and struck out former par. (2) which set forth table of annual premiums, applicable except as provided in par. (3). Pub. L. 115–123, § 60101(b)(4)(A)(iii), in Premium per Cwt. column of table, substituted ‘‘None’’ for ‘‘$0.010’’, ‘‘None’’ for ‘‘$0.025’’, ‘‘$0.009’’ for ‘‘$0.040’’, ‘‘$0.016’’ for ‘‘$0.055’’, ‘‘$0.040’’ for ‘‘$0.090’’, ‘‘$0.063’’ for ‘‘$0.217’’, ‘‘$0.087’’ for ‘‘$0.300’’, and ‘‘$0.142’’ for ‘‘$0.475’’. Subsec. (b)(3). Pub. L. 115–334, § 1401(h)(1), struck out par. (3). Text read as follows: ‘‘The premium per hun- dredweight specified in the table contained in para- graph (2) for each coverage level (except the $8.00 cov- erage level) shall be reduced by 25 percent for each of calendar years 2014 and 2015.’’ Subsec. (c). Pub. L. 115–123, § 60101(b)(4)(B)(i), sub- stituted ‘‘Tier II: premium per hundredweight for pro- duction in excess of 5,000,000 pounds’’ for ‘‘Premium per hundredweight for production in excess of 4 million pounds’’ in heading. Subsec. (c)(1). Pub. L. 115–123, § 60101(b)(4)(B)(ii), sub- stituted ‘‘5,000,000’’ for ‘‘4,000,000’’. Subsec. (c)(2). Pub. L. 115–334, § 1401(h)(2), added par. (2) and struck out former par. (2) which set forth table of annual producer premiums. Subsec. (d). Pub. L. 115–334, § 1401(k)(8)(C), substituted ‘‘dairy margin coverage integrity’’ for ‘‘program integ- rity’’. Subsec. (e). Pub. L. 115–334, § 1401(k)(8)(D)(i), sub- stituted ‘‘in dairy margin coverage’’ for ‘‘in the margin protection program’’ in two places. Subsec. (e)(2). Pub. L. 115–334, § 1401(k)(8)(D)(ii), sub- stituted ‘‘integrity of dairy margin coverage’’ for ‘‘in- tegrity of the program’’. Subsec. (f). Pub. L. 115–334, § 1401(i), added subsec. (f). Subsec. (g). Pub. L. 115–334, § 1401(j), added subsec. (g). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment 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. AVAILABILITY OF PREMIUM DISCOUNT Pub. L. 118–158, div. D, § 4101(c)(4)(A)(ii), Dec. 21, 2024, 138 Stat. 1768, provided that: ‘‘With respect to coverage for calendar year 2025, section 1407(g) of the Agricul- tural Act of 2014 (7 U.S.C. 9057(g)) shall only apply to a participating dairy operation with respect to which the premium was reduced in accordance with that section (as applied to such participating dairy operation pursu- ant to section 102(c)(2)(B)(ii) of division B of the Fur- ther Continuing Appropriations and Other Extensions Act, 2024 (Public Law 118–22) [137 Stat. 115]) for calendar year 2024.’’ Pub. L. 118–22, div. B, title I, § 102(c)(2)(B)(ii), Nov. 17, 2023, 137 Stat. 115, provided that: ‘‘With respect to cov- erage for calendar year 2024, section 1407(g) of the Agri- cultural Act of 2014 (7 U.S.C. 9057(g)) shall only apply to a participating dairy operation with respect to which the premium was reduced in accordance with that sec- tion for calendar year 2023.’’ § 9058. Effect of failure to pay administrative fees or premiums (a) Loss of benefits A participating dairy operation that fails to pay the required annual administrative fee under section 9054 of this title or is in arrears on premium payments under section 9057 of this title— (1) remains legally obligated to pay the ad- ministrative 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 nec- essary to collect administrative fees and pre- Page 2290 TITLE 7—AGRICULTURE § 9059 mium payments for participation in dairy mar- gin coverage. (Pub. L. 113–79, title I, § 1408, Feb. 7, 2014, 128 Stat. 693; Pub. L. 115–334, title I, § 1401(k)(9), Dec. 20, 2018, 132 Stat. 4517.) Editorial Notes AMENDMENTS 2018—Subsec. (a)(2). Pub. L. 115–334, § 1401(k)(9)(A), substituted ‘‘dairy margin coverage’’ for ‘‘margin pro- tection’’. Subsec. (b). Pub. L. 115–334, § 1401(k)(9)(B), substituted ‘‘dairy margin coverage’’ for ‘‘the margin protection program’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment 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. § 9059. Duration Dairy margin coverage shall end on December 31, 2025. (Pub. L. 113–79, title I, § 1409, Feb. 7, 2014, 128 Stat. 693; Pub. L. 115–334, title I, § 1401(l), Dec. 20, 2018, 132 Stat. 4518; Pub. L. 118–22, div. B, title I, § 102(c)(2)(B)(i), Nov. 17, 2023, 137 Stat. 115; Pub. L. 118–158, div. D, § 4101(c)(4)(A)(i), Dec. 21, 2024, 138 Stat. 1768.) Editorial Notes AMENDMENTS 2024—Pub. L. 118–158 substituted ‘‘December 31, 2025’’ for ‘‘December 31, 2024’’. 2023—Pub. L. 118–22 substituted ‘‘2024’’ for ‘‘2023’’. 2018—Pub. L. 115–334 substituted ‘‘Dairy margin cov- erage’’ for ‘‘The margin protection program’’ and ‘‘2023’’ for ‘‘2018’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2024 AMENDMENT Amendment by Pub. L. 118–158 to be applied and ad- ministered as if enacted on Sept. 30, 2024, see section 4101(g) of Pub. L. 118–158, set out in an Extension of Ag- ricultural Programs note under section 9001 of this title. EFFECTIVE DATE OF 2023 AMENDMENT Amendment by Pub. L. 118–22 to be applied and ad- ministered as if enacted on Sept. 30, 2023, see section 102(g) of Pub. L. 118–22, set out in an Extension of Agri- cultural Programs note under section 9001 of this title. EFFECTIVE DATE OF 2018 AMENDMENT Amendment 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. § 9060. Administration and enforcement (a) In general The Secretary shall promulgate regulations to address administrative and enforcement issues involved in carrying out dairy margin coverage. (b) Reconstitution The Secretary shall promulgate regulations to prohibit a dairy producer from reconstituting a dairy operation for the purpose of the dairy pro- ducer receiving dairy margin coverage pay- ments. (c) Administrative appeals Using authorities under section 1308(h) of this title and subtitle H of the Department of Agri- culture Reorganization Act (7 U.S.C. 6991 et seq.), the Secretary shall promulgate regula- tions to provide for administrative appeals of decisions of the Secretary that are adverse to participants of dairy margin coverage. (Pub. L. 113–79, title I, § 1410, Feb. 7, 2014, 128 Stat. 693; Pub. L. 115–334, title I, § 1401(k)(10), Dec. 20, 2018, 132 Stat. 4518.) Editorial Notes REFERENCES IN TEXT The Department of Agriculture Reorganization Act, referred to in subsec. (c), probably means the Depart- ment of Agriculture Reorganization Act of 1994 which is title II of Pub. L. 103–354, Oct. 13, 1994, 108 Stat. 3209. Subtitle H of the Act is classified principally to sub- chapter VIII (§ 6991 et seq.) of chapter 98 of this title. For complete classification of this Act to the Code, see Tables. CODIFICATION Section is comprised of section 1410 of Pub. L. 113–79. Subsec. (d) of section 1410 of Pub. L. 113–79 amended section 7253 of this title. AMENDMENTS 2018—Subsec. (a). Pub. L. 115–334, § 1401(k)(10)(A), sub- stituted ‘‘dairy margin coverage’’ for ‘‘the margin pro- tection program’’. Subsec. (b). Pub. L. 115–334, § 1401(k)(10)(B), sub- stituted ‘‘dairy margin coverage payments’’ for ‘‘mar- gin protection payments’’. Subsec. (c). Pub. L. 115–334, § 1401(k)(10)(A), sub- stituted ‘‘dairy margin coverage’’ for ‘‘the margin pro- tection program’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment 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. PART B—MILK DONATION PROGRAM Editorial Notes CODIFICATION Pub. L. 115–334, title I, § 1404(b)(1), Dec. 20, 2018, 132 Stat. 4519, substituted ‘‘Milk Donation Program’’ for ‘‘Dairy Product Donation Program’’ in part heading. § 9071. Milk donation program (a) Definitions In this section: (1) Eligible dairy organization The term ‘‘eligible dairy organization’’ means a dairy farmer (either individually or as part of a cooperative), or a dairy processor, who— (A) accounts to a Federal milk marketing order marketwide pool; and (B) incurs qualified expenses under sub- section (e). (2) Eligible distributor The term ‘‘eligible distributor’’ means a public or private nonprofit organization that distributes donated eligible milk.