7 CFR part 9 (Coronavirus Food Assistance Program; annual edition 2022)
Summary
Part 9 of 7 CFR, the Coronavirus Food Assistance Program (CFAP), under the Office of the Secretary, USDA, as printed in the annual edition, with its source given as 85 FR 30830, May 21, 2020. Under § 9.1 CFAP pays with respect to commodities significantly impacted by the effects of the COVID–19 outbreak, in two rounds: CFAP 1 under subpart B and CFAP 2 under subpart C. A corporation, limited liability company, limited partnership, trust or estate may receive $250,000 under each of subparts B and C, rising to $500,000 or $750,000 when two or three members each provided at least 400 hours of active personal labor or management. The $900,000 average AGI limitation applies unless at least 75 percent of AGI comes from farming, ranching or forestry. Participants must keep documentation for 3 years and refund any excess payment from erroneous information, with interest.
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“7 CFR part 9 (Coronavirus Food Assistance Program; annual edition 2022).”
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Office of the Secretary, USDA § 9.1
of appropriate Cooperative Extension Subpart B—CFAP 1
office, as follows:
9.101 Definitions.
(1) Approval of the County Coopera-
9.102 Calculation of payments.
tive Extension Service, or the appro-
priate land-grant institution, if the Subpart C—CFAP 2
fund-raising program is confined to the
area served by the County Cooperative 9.201 Definitions.
Extension Service. 9.202 Eligibility.
(2) Approval of the State Cooperative 9.203 Calculation of payments.
Extension Service, or the appropriate AUTHORITY: 15 U.S.C. 714b and 714c; Divi-
land-grant institution, if the fund-rais- sion B, Title I, Pub. L. 116–136, 134 Stat. 505;
ing program is multi-county or State- and Division N, Title VII, Subtitle B, Chap-
wide. ter 1, Pub. L. 116–260.
(3) Approval of the Director of the SOURCE: 85 FR 30830, May 21, 2020, unless
National Institute of Food and Agri- otherwise noted.
culture, United States Department of
Agriculture, or a designee, if the fund- Subpart A—General Provisions
raising program is multi-State or Na-
tionwide. SOURCE: Redesignated at 85 FR 59384, Sept.
(b) When used to promote 4-H edu- 22, 2020, unless otherwise noted.
cational programs, the 4-H Club name
and emblem, subject to obtaining au- § 9.1 Applicability and administration.
thorization as provided in these regula- (a) This part specifies the eligibility
tions, may be used on or associated requirements and payment calcula-
with products and services sold in con- tions for the Coronavirus Food Assist-
nection with 4-H fund-raising programs ance Program (CFAP). CFAP will pro-
so long as no endorsement or the ap- vide payments with respect to com-
pearance of an endorsement of a com- modities that have been significantly
mercial firm, product or service is ei- impacted by the effects of the COVID–
ther intended or effected. Tributes to 4- 19 outbreak. CFAP is being imple-
H contained on or associated with com- mented through two rounds of pay-
mercial products or services, when ments, with the first round (CFAP 1)
such products or services are used for determined as specified in subpart B of
the fund-raising activities, are subject this part, and the second round (CFAP
to the requirements of this paragraph. 2) determined as specified in subpart C
All moneys received from 4-H fund- of this part. To be eligible for CFAP
raising programs, except those nec- payments, participants must comply
essary to pay reasonable expenses, with all provisions under this subpart
must be expended to further the 4-H and the relevant particular subpart for
educational programs. CFAP 1 or CFAP 2. Payments will be
[52 FR 8432, Mar. 17, 1987, as amended at 60 made with respect to only commodities
FR 52293, Oct. 6, 1995; 76 FR 4803, Jan. 27, produced in the United States; com-
2011] modities other than livestock that are
imported into the United States may
not be used to determine any payment
PART 9—CORONAVIRUS FOOD made under this part. For livestock,
ASSISTANCE PROGRAM ‘‘produced in the United States’’ means
physically located in the United
Subpart A—General Provisions States:
Sec. (1) For assistance under subpart B of
9.1 Applicability and administration. this part:
9.2 Definitions. (i) On January 15, 2020, and remaining
9.3 Producer eligibility requirements. in the United States until sold, for
9.4 Time and method of application. livestock sold between January 15,
9.5 [Reserved] 2020, and April 15, 2020; or
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9.6 Eligibility subject to verification. (ii) On the applicable date selected
9.7 Miscellaneous provisions. for livestock in inventory between
9.8 Perjury. April 16, 2020, and May 14, 2020; and
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§ 9.2 7 CFR Subtitle A (1–1–22 Edition)
(2) For assistance under subpart C of Controlled environment means an envi-
this part, on the applicable date se- ronment in which everything that can
lected for livestock in inventory be- practicably be controlled by the pro-
tween April 16, 2020, and August 31, ducer with structures, facilities, and
2020. growing media (including but not lim-
(b) The program is administered ited to water, soil, or nutrients), is in
under the general supervision and di- fact controlled by the producer, as de-
rection of the Administrator, Farm termined by industry standards.
Service Agency (FSA) with the assist- Foreign entity means a corporation,
ance of the Agricultural Marketing trust, estate, or other similar organiza-
Service (AMS). tion that has more than 10 percent of
(c) The FSA State committee will its beneficial interest held by individ-
take any action required by this part uals who are not:
that an FSA county committee has not (1) Citizens of the United States; or
taken. The FSA State committee will (2) Lawful aliens possessing a valid
also: Alien Registration Receipt Card.
(1) Correct, or require an FSA county Foreign person means any person who
committee to correct, any action taken is not a citizen or national of the
by such county FSA committee that is United States or who is admitted into
not in accordance with the regulations the United States for permanent resi-
of this part; or dence under the Immigration and Na-
(2) Require an FSA county com- tionality Act and possesses a valid
mittee to withhold taking any action Alien Registration Receipt Card issued
that is not in accordance with this by the United States Citizenship and
part. Immigration Services, Department of
(d) No provision or delegation to an Homeland Security.
FSA State or county committee will Hogs means any swine 120 pounds or
preclude the FSA Administrator, the more.
Deputy Administrator, or a designee or NOFA means a Notice of Funding
other such person, from determining Availability under this part published
any question arising under the pro- in the FEDERAL REGISTER.
grams of this part, or from reversing or Pigs means any swine weighing less
modifying any determination made by than 120 pounds.
an FSA State or county committee. Wool means the fiber sheared from a
[85 FR 30830, May 21, 2020, as amended at 85 live sheep and includes, unless noted
FR 59174, Sept. 21, 2020; 85 FR 59384, Sept. 22, otherwise, graded and nongraded wool.
2020; 86 FR 4881, Jan. 19, 2021] Graded wool is paid on a clean basis,
and ungraded wool is paid on a greasy
§ 9.2 Definitions. basis.
The following definitions apply to [85 FR 30830, May 21, 2020, as amended at 85
this part. The definitions in parts 718 FR 35799, June 12, 2020; 85 FR 59175, Sept. 21,
and 1400 of this title apply, except 2020; 85 FR 59384, Sept. 22, 2020]
where they conflict with the defini-
tions in this section. § 9.3 Producer eligibility require-
AMS means USDA’s Agricultural ments.
Marketing Service. To be eligible for a CFAP payment, a
Application means the CFAP applica- producer must:
tion form. (a) Meet all of the requirements in
Cattle means commercially raised or this part;
maintained bovine animals, excluding (b) Be a:
beefalo, bison, and animals used for (1) Citizen of the United States;
dairy production or intended for dairy (2) Resident alien, which for purposes
production. of this part means ‘‘lawful alien’’ as de-
Commodity means an agricultural fined in part 1400 of this title;
commodity produced in the United (3) Partnership of citizens of the
States and intended to be marketed for United States;
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commercial production that has been (4) Corporation, limited liability
designated as eligible for payments company, or other organizational
under CFAP. structure organized under State law;
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Office of the Secretary, USDA § 9.7
(5) Indian Tribe or Tribal organiza- (c) If requested by USDA, the appli-
tion, as defined in section 4(b) of the cant must provide documentation that:
Indian Self-Determination and Edu- (1) Establishes the applicant’s ability
cation Assistance Act (25 U.S.C. 5304); and intent to harvest, transport, and
or market the commodity for the in-
(6) Foreign person or foreign entity tended market or crop’s expected pro-
who meets all requirements as de- duction in a quantity determined based
scribed in part 1400 of this title; and on the producer’s approved yield, ex-
(c) For payments under § 9.102 of this pected level of production, or inventory
part, have had a share in the eligible of the livestock, crop, or commodity;
commodity on January 15, 2020, or (2) Establishes the applicant’s owner-
April 16, 2020, through May 14, 2020. ship share in the commodity; and
(3) Establishes the applicant’s value
[85 FR 30830, May 21, 2020, as amended at 85
at risk in the commodity.
FR 59384, Sept. 22, 2020]
(d) A producer applying for assist-
§ 9.4 Time and method of application. ance for a crop subject to § 9.203(a) or
(b) must file a report of all acreage of
(a) A completed application under the crop on FSA–578, Report of Acre-
this subpart must be submitted in per- age.
son, by mail, email, or facsimile to any
FSA county office by the close of busi- [85 FR 30830, May 21, 2020, as amended at 85
ness on: FR 49594, Aug. 14, 2020; 85 FR 59384, Sept. 22,
2020; 86 FR 4882, Jan. 15, 2021; 86 FR 48017,
(1) September 11, 2020, for payments Aug. 27, 2021]
issued under § 9.102; and
(2) October 12, 2021, for payments § 9.5 [Reserved]
issued under § 9.203.
(b) Failure of an individual, entity, § 9.6 Eligibility subject to verification.
or a member of an entity to submit the (a) Producers who are approved for
following payment limitation and pay- participation in CFAP are required to
ment eligibility forms within 60-days retain documentation in support of
from the date of signing the CFAP ap- their application for 3 years after the
plication, may result in no payment or date of approval.
a reduced payment: (b) Participants receiving CFAP pay-
(1) A farm operating plan for an indi- ments or any other person who fur-
vidual or legal entity as provided in nishes such information to USDA must
part 1400 of this title; permit authorized representatives of
(2) Form CCC–901 Member Informa- USDA or the Government Account-
tion for Legal Entities (if applicable); ability Office, during regular business
(3) An average adjusted gross income hours, to enter the agricultural oper-
statement for the 2020 program year for ation and to inspect, examine, and to
the person or legal entity, including allow representatives to make copies of
the legal entity’s members, partners, books, records, or other items for the
or shareholders, as provided in part purpose of confirming the accuracy of
1400 of this title; form CCC–941 Average the information provided by the partic-
Adjusted Gross Income (AGI) Certifi- ipant.
cation and Consent to Disclosure of
Tax Information; § 9.7 Miscellaneous provisions.
(4) CCC–942 Certification of Income (a) If a CFAP payment resulted from
From Farming, Ranching and Forestry erroneous information provided by a
Operations (optional); and participant, or any person acting on
(5) A highly erodible land conserva- their behalf, the payment will be recal-
tion (sometimes referred to elsewhere culated and the participant must re-
as HELC) and wetland conservation fund any excess payment with interest
certification as provided in part 12 of calculated from the date of the dis-
this title (form AD–1026 Highly Erod- bursement of the payment.
ible Land Conservation (HELC) and (1) If FSA determines that the appli-
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Wetland Conservation (WC) Certifi- cant intentionally misrepresented ei-
cation for CFAP applicant and applica- ther the total amount or applicant’s
ble affiliates). share of the commodities, acres, sales,
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§ 9.7 7 CFR Subtitle A (1–1–22 Edition)
or revenue on their application, the ap- general partnership may otherwise re-
plication will be disapproved and the ceive.
applicant must refund the full payment (2)(i) The total amount of CFAP pay-
to FSA with interest from the date of ments a corporation, limited liability
disbursement. company, limited partnership, trust, or
(2) Any required refunds must be re- estate may receive is $250,000 under
solved in accordance with part 3 of this each of subparts B and C unless the
title. members, partners, stockholders, bene-
(b) The regulations in part 718, sub- ficiaries, or heirs of the legal entity
part D, and parts 11 and 780 of this title meet the provisions of paragraphs
apply to determinations made under (e)(2)(ii) or (iii) of this section.
this part. (ii) The total amount of CFAP pay-
(c) Any payment under this part will ments a corporation, limited liability
be made without regard to questions of company, limited partnership, trust, or
title under State law and without re- estate may receive is $500,000 under
gard to any claim or lien against the each of subparts B and C if two dif-
commodity or proceeds from the sale of ferent individual persons who are mem-
the commodity. The regulations gov- bers, partners, stockholders, bene-
erning offsets in part 3 of this title do ficiaries, or heirs of the legal entity
not apply to payments made under this each provided at least 400 hours of ac-
tive personal labor or active personal
part.
management or combination thereof
(d) The $900,000 average AGI limita-
with respect to the production of com-
tion provisions in part 1400 of this title
modities for which an application or
relating to limits on payments for per- applications are made in accordance
sons or legal entities, excluding joint with this part.
ventures and general partnerships, (iii) The total amount of CFAP pay-
apply to each applicant for CFAP un- ments a corporation, limited liability
less at least 75 percent of the person or company, limited partnership, trust, or
legal entity’s average AGI is derived estate may receive is $750,000 under
from farming, ranching, or forestry-re- each of subparts B and C if three dif-
lated activities. The average AGI will ferent individual persons who are mem-
be calculated for a person or such legal bers, partners, stockholders, bene-
entity based on the 2016, 2017, and 2018 ficiaries, or heirs of the legal entity
tax years. If the person or such legal each provided at least 400 hours of ac-
entity’s average AGI is below $900,000 tive personal labor or active personal
or at least 75 percent of the person or management or combination thereof
legal entity’s average AGI is derived with respect to the production of com-
from farming, ranching, or forestry-re- modities for which an application or
lated activities, the person or legal en- applications are made in accordance
tity, is eligible to receive payments with this part.
under this part. (3)(i) Except for payments subject to
(e)(1) The total amount of CFAP pay- the increased payment limitation in
ments that a program applicant who is (e)(2)(ii) and (e)(2)(iii) of this section, a
an individual may receive directly or CFAP payment made to any legal enti-
through the attribution of payments as ty will be attributed to individuals or
provided in paragraph (e)(3) of this sec- legal entities with an ownership inter-
tion is $250,000 under each of subparts B est in the legal entity in accordance
and C. The total amount of payments with § 1400.105 of this title. Payments
that a program applicant who is a legal attributed to a legal entity with an
entity created under State law may re- ownership interest in the legal entity
ceive is $250,000 under each of subparts will be further attributed as provided
B and C, except as provided in para- in § 1400.105 of this title. If the legal en-
graph (e)(2) of this section. Payments tity does not qualify for an increased
made to a program applicant who is a payment limitation under (e)(2)(ii) or
joint venture or a general partnership (iii) of this section and the total
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are limited to the aggregated amount amount of CFAP payments made di-
of payments that individual or legal rectly or indirectly to an individual or
entity members of the joint venture or legal entity has met the applicable
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Office of the Secretary, USDA § 9.101
amount specified in paragraph (e)(1) of laws apply: 15 U.S.C. 714; 18 U.S.C. 286,
this section, the payment to the legal 287, 371, 1001; and 31 U.S.C. 1001.
entity will be reduced commensurate (h) This part applies to applications
with the amount of the ownership in- submitted under CFAP through the ap-
terest of the individual or legal entity plicable date in § 9.4(a), or until funds
in the legal entity. CFAP payments made available for CFAP are ex-
subject to attribution under this para- hausted.
graph will be attributed to individuals
and legal entities until the attribution [85 FR 30830, May 21, 2020, as amended at 85
FR 49594, Aug. 14, 2020; 85 FR 59385, Sept. 22,
is made only to an individual except
2020; 86 FR 48017, Aug. 27, 2021]
the attribution will stop at the fourth
level of ownership. § 9.8 Perjury.
(ii) A payment subject to the in-
creased payment limitation in (e)(2)(ii) In either applying for or partici-
or (iii) of this section will be limited to pating in CFAP, or both, the producer
the lesser of the amount specified in ei- is subject to laws against perjury and
ther (e)(2)(ii) or (iii) of this section, or any penalties and prosecution resulting
the sum of the amount specified in therefrom, with such laws including
(e)(1) of this section that each eligible but not limited to 18 U.S.C. 1621. If the
member, stockholder, partner, heir, or producer willfully makes and rep-
beneficiary of the legal entity may re- resents as true any verbal or written
ceive, regardless of ownership share. declaration, certification, statement,
Payments attributed to a legal entity or verification that the producer knows
with an ownership interest in the legal or believes not to be true, in the course
entity will be further attributed to in- of either applying for or participating
dividuals and legal entities until the in CFAP, or both, then the producer is
attribution is made only to an indi- guilty of perjury and, except as other-
vidual, except the attribution will stop wise provided by law, may be fined, im-
at the fourth level of ownership. prisoned for not more than 5 years, or
(4) If an individual or legal entity is both, regardless of whether the pro-
not eligible to receive CFAP payments ducer makes such verbal or written
due to the individual or legal entity declaration, certification, statement,
failing to satisfy some other payment or verification within or without the
eligibility provision such as AGI in or United States.
conservation compliance provisions or
some other payment eligibility impedi- Subpart B—CFAP 1
ment, the payment made either di-
rectly or indirectly to the individual or
SOURCE: 85 FR 59385, Sept. 22, 2020, unless
legal entity will be reduced to zero.
otherwise noted.
The amount of the reduction for the di-
rect payment to the applicant will be § 9.101 Definitions.
commensurate with the direct or indi-
rect ownership interest of the ineli- The following definitions apply to
gible individual or ineligible legal enti- this subpart. The definitions in parts
ty. The application of this ineligibility 718 and 1400 of this title also apply, ex-
to receive a CFAP payment due to the cept where they conflict with the defi-
excessive AGI of an individual or legal nitions in this section.
entity will stop at the fourth level of All other cattle means commercially
ownership. raised or maintained bovine animals
(f) For the purposes of the effect of a not meeting the definition of another
lien on eligibility for Federal programs category of cattle in this part, exclud-
(28 U.S.C. 3201(e)), USDA waives the re- ing beefalo, bison, and animals used for
striction on receipt of funds under dairy production or intended for dairy
CFAP but only as to beneficiaries who, production.
as a condition of the waiver, agree to Aquaculture means only those species
apply the CFAP payments to reduce as announced in a NOFA.
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the amount of the judgment lien. Cattle raised or maintained for breeding
(g) In addition to any other Federal purposes means animals commercially
laws that apply to CFAP, the following raised or maintained for use as either a
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§ 9.102 7 CFR Subtitle A (1–1–22 Edition)
sire or dam for the production of live- funds are made available. The term ex-
stock offspring or lactation. cludes crops intended for grazing.
Crop means non-specialty crops and Unpriced means not subject to an
specialty crops. agreed-upon price in the future
Feeder cattle 600 pounds or more means through a forward contract, agree-
cattle weighing more than 600 pounds ment, or similar binding document as
but less than the weight of slaughter of January 15, 2020.
cattle-fed cattle as defined in this sec-
tion. § 9.102 Calculation of payments.
Feeder cattle less than 600 pounds (a) Payments for eligible non-spe-
means cattle weighing less than 600 cialty crops will be the sum of:
pounds. (1) Unpriced inventory that is har-
First quarter means January, Feb- vested but held in inventory as of Jan-
ruary, and March of 2020. uary 15, 2020, not to exceed 50 percent
Lambs and yearlings means all sheep of 2019 total production, multiplied by
less than 2 years old. 50 percent, multiplied by the
Non-specialty crop means any of the Coronavirus Aid, Relief, and Economic
following crops: Barley, canola, corn, Stability Act (CARES Act) payment
durum wheat, hard red spring wheat, rate in paragraph (h) of this section;
millet, oats, sorghum, soybeans, sun- and
flowers, and upland cotton. The term (2) Unpriced inventory as of January
excludes crops intended for grazing. 15, 2020, not to exceed 50 percent of 2019
Producer means a person or legal en- total production, multiplied by 50 per-
tity who shares in the risk of pro- cent, multiplied by the Commodity
ducing a crop or livestock and who is Credit Corporation (CCC) payment rate
entitled to a share in the crop or live- in paragraph (h) of this section.
stock available for marketing or would (b) CFAP covers losses for specialty
have shared had the crop or livestock crops that experienced immediate
been produced and marketed. A con- losses, a price decline, spoiled, were un-
tract grower who does not own the paid, or were unharvested due to mar-
livestock, will be considered a producer ket conditions between January 15,
if the contract allows the grower to 2020, and April 15, 2020. Specialty crops
have risk in the livestock. in inventory or in storage facilities
Second quarter means April, May, and that may be sold after April 15, 2020,
June of 2020. are not eligible. Specialty crops that
Slaughter Cattle—fed cattle means cat- were under an agreed upon set price be-
tle with a weight of 1,200 pounds or fore January 15, 2020, and were or will
more that are intended for slaughter. be paid at that price or higher, do not
Slaughter cattle—mature cattle means qualify for assistance under paragraph
culled cattle raised or maintained for (b)(1) of this section, but may qualify
breeding purposes, but which were re- under paragraphs (b)(2) or (b)(3) of this
moved from inventory and are intended section. Payments for eligible spe-
for slaughter. cialty crops will be the sum of:
Specialty crops means any of the fol- (1) For specialty crops listed in para-
lowing crops: Almonds; apples; arti- graph (h) of this section that were sold
chokes; asparagus; avocados; beans; between January 15, 2020, and April 15,
blueberries; broccoli; cabbage; canta- 2020, the quantity sold multiplied by
loupe; carrots; cauliflower; celery; the payment rate in column 2 of Table
corn, sweet; cucumbers, eggplant; gar- 1 in paragraph (h) of this section;
lic; grapefruit; kiwifruit; lemons; let- (2) For specialty crops harvested and
tuce, iceberg; lettuce, romaine; mush- shipped but that were subsequently
rooms; onions, dry; onions, green; or- spoiled or unpaid due to loss of mar-
anges; papayas; peaches; pears; pecans; keting channels between January 15,
peppers, bell type; peppers, other; pota- 2020, and April 15, 2020, the harvested
toes; raspberries; rhubarb; spinach; and shipped quantity that spoiled or is
Nwilliams on DSKB3C5F33PROD with CFR
squash; strawberries; sweet potatoes; unpaid multiplied by the payment rate
tangerines; taro; tomatoes; walnuts; in column 3 of Table 1 in paragraph (h)
watermelons; and any crops for which of this section; and
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Office of the Secretary, USDA § 9.102
(3) For specialty crops that did not (2) First quarter production, multi-
leave the farm, were donated, or were plied by 1.014, multiplied by the CCC
mature crops that remained payment rate in paragraph (h) of this
unharvested between January 15, 2020, section.
and April 15, 2020, due to loss of mar- (3) Dairy operations that dissolved on
keting channel, the sum of the quan- or before March 31, 2020, are eligible for
tity of crops that did not leave the payment under paragraph (e)(1) of this
farm or were donated, or the quantity section. Dairy operations that dissolve
of mature crops that remained
or have dissolved after March 31, 2020,
unharvested, multiplied by the pay-
ment rate in column 4 of Table 1 in are eligible for a prorated payment
paragraph (h) of this section. under paragraph (e)(2) of this section
(c) Payments for cattle will be the for the number of days the dairy oper-
sum of the results of the following two ation commercially markets milk in
calculations: the second quarter.
(1) Unpriced cattle sold between Jan- (f) Payments for lambs and yearlings
uary 15, 2020, to April 15, 2020, multi- will be equal to the sum of the results
plied by the CARES Act payment rate of the following two calculations:
in paragraph (h) of this section; and (1) Unpriced lambs and yearlings sold
(2) Cattle inventory owned between between January 15, 2020, to April 15,
April 16, 2020, to May 14, 2020, multi- 2020, multiplied by the CARES Act pay-
plied by the CCC payment rate in para- ment rate in paragraph (h) of this sec-
graph (h) of this section. tion; and
(d) Payments for hogs and pigs will
(2) Lambs and yearlings in inventory
be equal to the sum of the results of
owned between April 16, 2020, to May
the following three calculations:
(1) Unpriced hogs and pigs sold be- 14, 2020, multiplied by the CCC pay-
tween January 15, 2020, to April 15, ment rate in paragraph (h) of this sec-
2020, multiplied by the CARES Act pay- tion.
ment rate in paragraph (h) of this sec- (g) Payments for wool are the sum of:
tion; (1) Unpriced inventory on January 15,
(2) Hog and pig inventory owned be- 2020, not to exceed 50 percent of 2019
tween April 16, 2020, to May 14, 2020, total production, multiplied by 50 per-
multiplied by the CCC payment rate in cent, multiplied by the CARES Act
paragraph (h) of this section; and payment rate paragraph (h) of this sec-
(3) Hog and pig inventory owned be- tion; and
tween April 16, 2020, to May 14, 2020, (2) Unpriced inventory on January 15,
multiplied by a payment rate of $17 per 2020, not to exceed 50 percent of 2019
head. total production, multiplied by 50 per-
(e) Payments for dairy will be equal cent, multiplied by the CCC payment
to the sum of the results of the fol-
rate in paragraph (h) of this section.
lowing two calculations:
(1) First quarter production, multi- (h) The payment rates in Tables 1
plied by the CARES Act payment rate and 2 of this paragraph (h) will be used
in paragraph (h) of this section; and to calculate CFAP payments:
TABLE 1 TO PARAGRAPH (h)—PAYMENT RATES FOR SPECIALTY CROPS
[Including, but not limited to, the listed commodities]
CARES Act payment
rate for product that left
CARES Act payment the farm but spoiled due CCC Payment rate
Commodity rate for sales losses to loss of marketing ($/lb)
($/lb) channel
($/lb)
Almonds ............................................................. $0.26 $0.57 $0.11
Apples ................................................................ $0.05 $0.22 $0.04
Artichokes .......................................................... 0.88 0.69 0.13
Asparagus ......................................................... ........................................ 0.25 0.05
Nwilliams on DSKB3C5F33PROD with CFR
Avocados ........................................................... ........................................ 0.14 0.03
Beans ................................................................ 0.17 0.16 0.03
Blueberries ........................................................ 0.20 0.93 0.18
Broccoli .............................................................. 0.62 0.49 0.10
395
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§ 9.102 7 CFR Subtitle A (1–1–22 Edition)
TABLE 1 TO PARAGRAPH (h)—PAYMENT RATES FOR SPECIALTY CROPS—Continued
[Including, but not limited to, the listed commodities]
CARES Act payment
rate for product that left
CARES Act payment the farm but spoiled due CCC Payment rate
Commodity rate for sales losses to loss of marketing ($/lb)
($/lb) channel
($/lb)
Cabbage ............................................................ 0.04 0.07 0.01
Cantaloupes ...................................................... ........................................ 0.14 0.03
Carrots ............................................................... 0.02 0.11 0.02
Cauliflower ......................................................... 0.11 0.31 0.06
Celery ................................................................ ........................................ 0.07 0.01
Corn, sweet ....................................................... 0.09 0.13 0.03
Cucumbers ........................................................ 0.18 0.17 0.03
Eggplant ............................................................ 0.07 0.15 0.03
Garlic ................................................................. 0.17 1.10 0.22
Grapefruit ........................................................... ........................................ 0.11 0.02
Kiwifruit .............................................................. ........................................ 0.44 0.09
Lemons .............................................................. 0.08 0.21 0.04
Lettuce, iceberg ................................................. 0.20 0.15 0.03
Lettuce, romaine ................................................ 0.07 0.12 0.02
Mushrooms ........................................................ ........................................ 0.58 0.11
Onions, dry ........................................................ 0.01 0.05 0.01
Onions, green .................................................... $0.51 $0.70 $0.14
Oranges ............................................................. ........................................ 0.14 0.03
Papaya .............................................................. ........................................ 0.31 0.06
Peaches ............................................................. ........................................ 0.30 0.06
Pears ................................................................. 0.08 0.18 0.03
Pecans ............................................................... 0.28 0.93 0.18
Peppers, bell type ............................................. 0.14 0.22 0.04
Peppers, other ................................................... 0.15 0.22 0.04
Potatoes fresh—other ....................................... 0.01 0.04 0.01
Potatoes fresh—Russets ................................... 0.07 0.09 0.02
Potatoes—processing ....................................... 0.02 0.03 0.01
Potatoes—seed ................................................. 0.02 0.04 0.01
Raspberries ....................................................... 0.44 1.69 0.33
Rhubarb ............................................................. ........................................ 0.76 0.15
Spinach .............................................................. 0.37 0.37 0.07
Squash .............................................................. 0.72 0.39 0.08
Strawberries ...................................................... 0.84 0.72 0.14
Sweet potatoes .................................................. ........................................ 0.18 0.04
Tangerines ......................................................... 0.05 0.25 0.05
Taro ................................................................... 0.12 0.29 0.06
Tomatoes ........................................................... 0.64 0.38 0.07
Walnuts .............................................................. 0.26 0.34 0.07
Watermelons ..................................................... 0.04 0.06 0.01
TABLE 2 TO PARAGRAPH (h)—PAYMENT RATES FOR NON-SPECIALTY CROPS, DAIRY, LIVESTOCK, AND
WOOL
CARES Act CCC payment rate
Commodity Unit payment rate ($/unit)
($/unit)
Barley .................................................................................... Bu ................................... 0.34 0.37
Canola .................................................................................. lb ..................................... 0.01 0.01
Corn ...................................................................................... bu ................................... 0.32 0.35
Durum wheat ........................................................................ bu ................................... 0.19 0.20
Hard red spring wheat .......................................................... bu ................................... 0.18 0.20
Millet ..................................................................................... bu ................................... 0.31 0.34
Oats ...................................................................................... bu ................................... 0.15 0.17
Sorghum ............................................................................... bu ................................... 0.30 0.32
Soybeans .............................................................................. bu ................................... 0.45 0.50
Sunflowers ............................................................................ lb ..................................... 0.02 0.02
Upland cotton ....................................................................... lb ..................................... 0.09 0.10
Dairy ..................................................................................... cwt .................................. 4.71 1.47
Slaughter cattle—mature cattle ............................................ head ............................... 92 33
Slaughter cattle—fed cattle .................................................. head ............................... 214 33
Feeder cattle less than 600 pounds ..................................... head ............................... 102 33
Nwilliams on DSKB3C5F33PROD with CFR
Feeder cattle 600 pounds or more ....................................... head ............................... 139 33
All other cattle ....................................................................... head ............................... 102 33
Pigs ....................................................................................... head ............................... 28 17
Hogs ..................................................................................... head ............................... 18 17
396
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Office of the Secretary, USDA § 9.201
TABLE 2 TO PARAGRAPH (h)—PAYMENT RATES FOR NON-SPECIALTY CROPS, DAIRY, LIVESTOCK, AND
WOOL—Continued
CARES Act CCC payment rate
Commodity Unit payment rate ($/unit)
($/unit)
Lambs and yearlings ............................................................ head ............................... 33 7
Wool (graded, clean basis) .................................................. lb ..................................... 0.71 0.78
Wool (non-graded, greasy basis) ......................................... lb ..................................... 0.36 0.39
(i) Payments for cattle and hogs will of $9.5 billion for CARES Act funds and
be calculated separately for the fol- $6.5 billion for CCC funds.
lowing categories:
[85 FR 30830, May 21, 2020, as amended at 85
(1) Slaughter cattle—mature cattle; FR 35799, June 12, 2020’ 85 FR 41329, July 10,
(2) Slaughter cattle—fed cattle; 2020; 85 FR 49594, Aug. 14, 2020; 85 FR 59175,
(3) Feeder cattle less than 600 pounds; Sept. 21, 2020. Redesignated at 85 FR 59385,
(4) Feeder cattle 600 pounds or more; Sept. 22, 2020; 86 FR 4882, Jan. 19, 2021]
(5) All other cattle;
(6) Pigs; and Subpart C—CFAP 2
(7) Hogs.
(j)(1) USDA may make payments SOURCE: 85 FR 59386, Sept. 22, 2020, unless
with respect to other commodities. In otherwise noted.
order to determine whether other com-
modities will be included in CFAP, a § 9.201 Definitions.
notice will be issued that will specify The following definitions apply to
the types of market information the this subpart. The definitions in parts
public may submit for consideration by
718 and 1400 of this title also apply, ex-
USDA. After receipt of the information
cept where they conflict with the defi-
and the use of other related informa-
nitions in this section.
tion available to USDA, a NOFA will
specify the other eligible commodities Aquaculture means any species of
and the manner in which payments will aquatic organisms grown as food for
be determined. human consumption, fish raised as feed
for fish that are consumed by humans,
(2) Producers that are privately
ornamental fish propagated and reared
owned aquaculture businesses growing
in an aquatic medium. Eligible
freshwater and saltwater products in
aquacultural species must be raised by
controlled environments, including
a commercial operator and in water in
raceways, ponds, tanks, and recircu-
a controlled environment.
lating systems, extending to all farmed
shrimp and salmonids (trout and salm- Average revenue loss level means the
on) are included in CFAP to the extent average percentage of revenue loss for
USDA determines individual types of contract producers determined by
the products have incurred qualifying USDA for a geographic area based on
losses between January 15, 2020, and the best available data including, but
April 15, 2020. The determination of not limited to, losses reported by con-
which species are included will be spec- tract producers for the same area and
ified in the NOFA referenced in para- type of livestock or poultry.
graph (j)(1) of this section. CFAP does Breeding stock means:
not provide assistance for molluscan (1) For cattle, bulls and cows;
shellfish and marine algae. (2) For hogs and pigs, boars and sows;
(k) An initial payment will be issued and
for 80 percent of each CFAP payment (3) For lambs and sheep, rams and
calculated. A final payment will be ewes.
issued on a date determined by the Sec- Broilers includes any chicken that
retary, to the extent such funds are has been commercially produced for
Nwilliams on DSKB3C5F33PROD with CFR
available. The total of all CFAP pay- meat purposes that has left the farm
ments made, including all initial and for slaughter, and not used for laying
final payments, cannot exceed a total or breeding purposes.
397
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§ 9.201 7 CFR Subtitle A (1–1–22 Edition)
Contract producer means a producer nial flowering plants grown in a con-
who grows or produces an eligible com- tainer or controlled environment for
modity under contract for or on behalf commercial sale. Floriculture is in-
of another person or entity. The con- cluded in sales commodities.
tract producer does not have ownership Fruits means any of the following
in the commodity and is not entitled to fruits: Abiu, acerola (Barbados cherry),
a share from sales proceeds of the com- achachairu, antidesma, apples, apri-
modity. cots, aronia (chokeberry), atemoya
Crop insurance means an insurance (custard apple), avocados, bananas,
policy reinsured by Federal Crop Insur- blueberries, breadfruit, cacao, caimito,
ance Corporation under the provisions calabaza melon, canary melon, canary
of the Federal Crop Insurance Act, as seed, caneberries, canistel, canta-
amended. It does not include private loupes, carambola (star fruit), casaba
plans of insurance. melon, cherimoya (sugar apple), cher-
Eggs means dried, frozen, liquid, and ries, Chinese bitter melon, citron, cit-
shell eggs. ron melon, coconuts, cranberries, cren-
Eligible contract livestock or poultry shaw melon, dates, donaqua (winter
means broilers, pullets, layers, poultry melon), durian, elderberries, figs,
eggs, turkeys, ducks, geese, pheasants, genip, gooseberries, grapefruit, grapes,
quail, hogs, pigs, and other livestock or ground cherry, guamabana (soursop),
poultry types determined eligible and guava, guavaberry, honeyberries, hon-
announced by USDA, including breed- eydew, huckleberries, Israel melons,
ing stock of those eligible livestock jack fruit, jujube, juneberries,
and poultry types. kiwiberry, kiwifruit, Korean golden
Eligible revenue means the revenue re- melon, kumquats, langsat, lemons,
ceived by a contract producer for con- limequats, limes, longan, loquats,
tract production of eligible contract lychee, mangos, mangosteen, mayhaw
livestock or poultry, as reported on In- berries, mesple, mulberries, nectarines,
ternal Revenue Service Form 1099. noni, olives, oranges, papaya, passion
Experimental means a crop for which fruits, pawpaw, peaches, pears, per-
all of the following apply: simmons, pineapple, pitaya (dragon
(1) The crop is planted for experi- fruit), plantain, plumcots, plums,
mental purposes conducted under the pomegranates, prunes, pummelo,
direct supervision of a State experi- quinces, raisins, rambutan, sapodilla,
ment station or commercial company; sapote, schizandra berries, sprite
(2) Production of the crop is de- melon, star gooseberry, strawberries,
stroyed before harvest or used for test- tangelos, tangerines, tangors, wampee,
ing or other experimental purposes; watermelon, wax jamboo fruit, and
and wolfberry (goji).
(3) A representative of the State ex- Hemp means the plant species Can-
periment station or the commercial nabis sativa L. and any part of that
company certifies that any production plant, including the seeds thereof and
harvested from the experiment will not all derivatives, extracts, cannabinoids,
be marketed in any form. isomers, acids, salts, and salts of iso-
Flat-rate crop means alfalfa, ama- mers, whether growing or not, with a
ranth grain, buckwheat, canola, cot- delta-9 tetrahydrocannabinol con-
ton, Extra Long Staple (ELS) cotton, centration of not more than 0.3 percent
crambe (colewort), einkorn, emmer, on a dry weight basis, that is grown
flax, guar, hemp, indigo, industrial under a license or other required au-
rice, kenaf, khorasan, millet, mustard, thorization issued by the applicable
oats, peanuts, quinoa, rapeseed, rice, governing authority that permits the
rice, sweet, rice, wild, rye, safflower, production of the hemp.
sesame, speltz, sugar beets, sugarcane, Horticulture means any of the fol-
teff, and triticale. The term excludes lowing horticulture: Anise, basil, cas-
hay, except alfalfa, and crops with in- sava, chervil (Fresh parsley), chia,
tended uses of grazing, green manure, chicory (radicchio), cilantro, cin-
Nwilliams on DSKB3C5F33PROD with CFR
or left standing. namon, curry leaves, galanga, ginger,
Floriculture means cut flowers and ginseng, guayule, herbs, hops, lotus
cut greenery from annual and peren- root, marjoram, meadowfoam, mint,
398
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Office of the Secretary, USDA § 9.201
moringa, niger seed, oregano, parsley, Price trigger livestock and products
pennycress, peppermint, pohole, psyl- means any of the following livestock
lium, rosemary, sage, savory, shrubs and products: Beef cattle, broilers,
(forbs), sorrel, spearmint, tangos, tea, dairy (cow milk), eggs, lambs, sheep,
thyme, turmeric, vanilla, wasabi, hogs, and pigs; excluding breeding
water cress, and yu cha. stock.
Ineligible commodities for CFAP 2 Producer means a person or legal en-
means any of the following commod- tity who shares in the risk of pro-
ities: Birdsfoot and trefoil, clover, ducing a commodity. Except for con-
cover crop, fallow, forage soybeans, for- tract producers, producers who are not
age sorghum, gardens (commercial and in the business of farming at the time
home), grass, kochia (prostrata), lespe- of application are not considered eligi-
deza, milkweed, mixed forage, pelts ble producers.
(excluding mink), perennial peanuts, Pullet means a young female chicken
pollinators, sunn hemp, vetch, and seed that has not laid an egg.
of ineligible crops other than grass Sales-based commodities means, as de-
seed. fined in this section, aquaculture,
Layer means a chicken producing sales-based crops, nursery crops and
table or commercial type shell eggs. floriculture, other livestock, and the
NAP means the Noninsured Crop Dis- following commodities: Goat milk,
aster Assistance Program under sec- grass seed, mink (including pelts), mo-
tion 196 of the Federal Agriculture Im- hair wool, and turfgrass sod.
provement and Reform Act of 1996 (7 Sales-based crops means ambrosia,
U.S.C. 7333) and part 1437 of this title. arundo, camelina, cactus, cardoon,
Nursery crops means decorative or fruits, honey, horticulture, maple sap,
nondecorative plants grown in a con- tobacco, tree nuts, and vegetables.
tainer or controlled environment for Fruits, horticulture, tree nuts, and
commercial sale. Nursery crops are in- vegetables are defined in this section.
cluded in sales commodities. The term excludes crops with an in-
Other livestock means any of the fol- tended use of grazing, green manure, or
lowing livestock: Animals commer- left standing.
cially raised for food, fur, fiber, or Tree nuts means any of the following
feathers, including alpacas, bison, buf- tree nuts: Almonds, carob, cashew,
falo, beefalo, deer, ducks, elk, emus, chestnuts, coffee, hazel nuts, jojoba,
geese, goats, guinea pigs, llamas, mink, macadamia nuts, pecans, pine nuts,
ostrich, pheasants, pullets, quail, rab- pistachios, and walnuts.
bits, reindeer, turkey, water buffalo, Turn means a group of eligible con-
and yak. It includes by-products of tract livestock or poultry that is deliv-
those live animals (such as fleece). It ered to a contract producer who pro-
excludes all equine, reptiles, bees, vides labor and equipment to produce
breeding stock (including eggs to be the livestock or poultry for the inte-
hatched for breeding stock), companion grator or owner.
or comfort animals, pets, and animals Vegetables means any of the following
raised for hunting or game purposes. vegetables: Alfalfa sprouts, aloe vera,
Prevented planting means the inabil- artichokes, arugula (greens), aspar-
ity to plant the intended crop acreage agus, bamboo shoots, batatas, bean
with proper equipment by the final sprouts, beans (including dry edible),
planting date for the crop type because beets, bok choy, broccoflower, broccoli,
of a natural disaster. broccolini, broccolo-cavalo, Brussel
Price trigger commodities means price sprouts, cabbage, calaloo, carrots, cau-
trigger crops and price trigger live- liflower, celeriac, celery, chickpea (see
stock and products as defined in this beans, garbanzo), chives, collard
section. greens, coriander, corn, sweet, cucum-
Price trigger crops means any of the bers, daikon, dandelion greens, dasheen
following crops: Barley, corn, sorghum, (taro root, malanga), dill, eggplant, en-
soybeans, sunflowers, upland cotton, dive, escarole, frisee, gailon (gai lein,
Nwilliams on DSKB3C5F33PROD with CFR
wheat (all classes), excluding crops Chinese broccoli), garlic, gourds,
with an intended use of grazing, green greens, horseradish, Jerusalem arti-
manure, or left standing. chokes (sunchoke), kale, kohlrabi,
399
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§ 9.202 7 CFR Subtitle A (1–1–22 Edition)
leeks, lentils, lettuce, melongene, 2018 or 2019, but received eligible rev-
mesculin mix, microgreens, mush- enue for the period from January 1,
rooms, okra, onions, parsnip, peas (in- 2020, through December 27, 2020; and
cluding dry edible), pejibaye (heart of (2) Meet all other requirements for
palm), peppers, potatoes, potatoes eligibility under this part.
sweet, pumpkins, radicchio, radishes,
[86 FR 4882 Jan. 19, 2021, as amended at 86 FR
rhubarb, rutabaga, salsify (oyster
48017, Aug. 27, 2021]
plant), scallions, seed—vegetable,
shallots, spinach, squash, swiss chard, § 9.203 Calculation of payments.
tannier, taro, tomatillos, tomatoes,
truffles, turnip top (greens), turnips, (a) Payments for price trigger crops
yam, and yautia (malanga); will be equal to the greater of:
WHIP+ means the Wildfires and Hur- (1) Eligible acres of the crop multi-
ricanes Indemnity Program Plus plied by a rate of $15 per acre; or
(WHIP+) under part 760, subpart O, of (2) Eligible acres of the crop multi-
this title. plied by the applicable yield, multi-
plied by the crop marketing percentage
[85 FR 59386, Sept. 22, 2020, as amended at 86
in Table 1 of paragraph (j) of this sec-
FR 4882, Jan. 19, 2021; 86 FR 48017, Aug. 27,
2021] tion, multiplied by the crop payment
rate in Table 1 of paragraph (j) of this
§ 9.202 Eligibility. section.
(a) Producers, excluding contract (3) Under paragraph (a) of this sec-
producers, are eligible for payment tion, eligible acres include the pro-
under § 9.203(a) through (i) if they meet ducer’s share of the determined acres,
all other requirements for eligibility or reported acres if determined acres
under this part. are not present, of the crop planted for
(b) Contract producers are not eligi- the 2020 crop year, excluding prevented
ble for payment under § 9.203(a) through planted and experimental acres. For
(i). Contract producers are eligible for producers who insured acres of the crop
payment under § 9.203(l) if they: under a policy or plan of insurance
(1) Produced eligible contract live- under the Federal Crop Insurance Act
stock or poultry under a contract in ei- (7 U.S.C. 1501–1524), the yield will be
ther the 2018 or 2019 calendar year and the average of the producer’s 2020 ac-
in the 2020 calendar year; tual production history (APH) ap-
(2) Received revenue under such a proved yield from all of the producer’s
contract during the period from Janu- insured acres nationwide. For pro-
ary 1, 2020, through December 27, 2020; ducers for whom FSA is unable to ob-
(3) Had a loss in eligible revenue for tain a 2020 APH approved yield, the
the period from January 1, 2020, yield will be:
through December 27, 2020, as compared (i) The 2019 Agriculture Risk Cov-
to the period from: erage-County Option (ARC–CO) bench-
(i) January 1, 2018, through December mark yield if the applicant:
27, 2018; or (A) Has coverage for the crop under
(ii) January 1, 2019, through Decem- an Area Risk Protection Insurance
ber 27, 2019; and Plan, Margin Protection Plan, Stacked
(4) Meet all other requirements for Income Protection Plan, Supplemental
eligibility under this part. Coverage Option, or Whole-Farm Rev-
(c) Contract producers must provide enue Protection Plan under the Fed-
a copy of their contract pursuant to eral Crop Insurance Act;
which they raised an eligible com- (B) Is a landlord of the applicable
modity as specified in paragraph (b)(1) acreage and their share is insured by
of this section and provide documenta- the tenant under a policy or plan of in-
tion to support the information pro- surance under the Federal Crop Insur-
vided on their application if requested ance Act;
by FSA. (C) Is a tenant of the applicable acre-
(d) Contract producers are eligible age and their share is insured by the
Nwilliams on DSKB3C5F33PROD with CFR
for payment under § 9.203(m) if they: landlord under a policy or plan of in-
(1) Did not receive eligible revenue surance under the Federal Crop Insur-
from January 1 through December 27 in ance Act; or
400
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Office of the Secretary, USDA § 9.203
(D) Is a joint venture and the crop is based on the producer’s actual 2020
insured by one of the members under a broiler production as of the date the
policy or plan of insurance under the producer submits an application for
Federal Crop Insurance Act; or payment under this part.
(ii) The 2019 Agriculture Risk Cov- (g)(1) Payments for dairy (cow milk)
erage-County Option (ARC–CO) bench- will be equal to the sum of the fol-
mark yield multiplied by 85 percent for lowing two calculations:
all other applicants. (i) The producer’s total actual milk
(4) ARC–CO yields in paragraph (a)(3) production from April 1, 2020, to Au-
of this section for producers growing a gust 31, 2020, multiplied by the pay-
crop in multiple counties will be ment $1.20 per hundredweight; and
weighted based on the producer’s crop (ii) The producer’s estimated milk
acreage physically located in each production from September 1, 2020, to
county. December 31, 2020, based on the daily
(b) Payments for flat-rate crops will average production from April 1, 2020,
be equal to eligible acres of the crop through August 31, 2020, multiplied by
multiplied by a rate of $15 per acre. Eli- 122, multiplied by a payment rate of
gible acres include the producer’s share $1.20 per hundredweight.
of the determined acres, or reported
(2) Dairy operations that stop com-
acres if determined acres are not
mercially marketing milk after the
present, excluding prevented planted
date they apply for CFAP 2 but before
and experimental acres.
December 31, 2020, must notify FSA of
(c) Payments for beef cattle will be
the date they stop commercially mar-
equal to the lower of the producer’s
keting milk. Those dairies are eligible
maximum owned inventory of eligible
only for a prorated payment under
beef cattle, excluding breeding stock,
paragraph (g)(1)(ii) of this section for
on a date selected by the producer from
the number of days the dairy operation
April 16, 2020, through August 31, 2020,
commercially markets milk from Sep-
or 4,546 head multiplied by the number
tember 1, 2020, through December 31,
of payment limitations for the pro-
2020.
ducer, multiplied by a payment rate of
(h)(1) Payments for eggs will be equal
$55 per head.
to 75 percent of the producer’s 2019 egg
(d) Payments for hogs and pigs will
production multiplied by the payment
be equal to the lower of the producer’s
rate in Table 1 of paragraph (j) of this
maximum owned inventory of eligible
section.
hogs and pigs, excluding breeding
stock, on a date selected by the pro- (2) Payments for egg producers who
ducer from April 16, 2020, through Au- began farming in 2020 and had no pro-
gust 31, 2020, or 10,870 head multiplied duction in 2019 will be calculated as
by the number of payment limitations provided in paragraph (h)(1) of this sec-
for the producer, multiplied by a pay- tion, except that the payments will be
ment rate of $23 per head. based on the producer’s actual 2020 egg
(e) Payments for lambs and sheep production as of the date the producer
will be equal to the producer’s highest submits an application for payment
owned inventory of eligible lambs and under this part.
sheep, excluding breeding stock, on a (i) Payments for sales-based com-
date selected by the producer from modities will be:
April 16, 2020, through August 31, 2020, (1) Based on one of the following as
multiplied by a payment rate of $27 per elected by the producer:
head. (i) The producer’s sales for calendar
(f)(1) Payments for broilers will be year 2018 and crop insurance indem-
equal to 75 percent of the producer’s nities and NAP and WHIP+ payments
2019 broiler production multiplied by a for the 2018 crop year for all sales-based
payment rate of $1.01 per bird (head). commodities; or
(2) Payments for broiler producers (ii) The producer’s sales for calendar
who began farming in 2020 and had no year 2019 and crop insurance indem-
Nwilliams on DSKB3C5F33PROD with CFR
production in 2019 will be calculated as nities and NAP and WHIP+ payments
provided in paragraph (f)(1) of this sec- for the 2019 crop year for all sales-based
tion, except that the payments will be commodities.
401
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§ 9.203 7 CFR Subtitle A (1–1–22 Edition)
(2) Equal to the sum of the results for as processing and packaging, and from
the following calculation for each sales sales of products purchased for resale is
range in Table 2 of paragraph (j) of this not included in the payment calcula-
section: tion unless determined eligible by the
(i) The sum of the amount of the pro- Secretary.
ducer’s eligible sales for the sales- (3) Payments for producers of sales
based commodities in the applicable commodities who began farming in 2020
calendar year and the producer’s crop and had no sales in 2019, calculated as
insurance indemnities and NAP and provided in paragraph (i)(2) of this sec-
WHIP+ payments for the sales com- tion, except that the payments will be
modities for the applicable crop year based on the producer’s actual 2020
within the specified range, multiplied sales, without crop insurance indem-
by the payment rate for that range in nities, NAP or WHIP+ payments, as of
Table 2 of paragraph (j) of this section. the date the producer submits an appli-
(ii) Eligible sales only includes sales cation for payment under this section.
of raw commodities grown by the pro- (j) The payment rates in Tables 1 and
ducer; the portion of sales derived from 2 of this paragraph (j) will be used to
adding value to the commodity, such calculate CFAP payments:
TABLE 1 TO PARAGRAPH (J)—PAYMENT RATES FOR PRICE TRIGGER CROPS AND EGGS
Crop marketing Payment rate
Commodity Units percentage ($/unit)
(percent)
Barley .............................................................................................................. bu 63 $0.54
Corn ................................................................................................................. bu 40 0.58
Cotton, Upland ................................................................................................ lb 46 0.08
Sorghum .......................................................................................................... bu 55 0.56
Soybean .......................................................................................................... bu 54 0.58
Sunflowers ....................................................................................................... lb 44 0.02
Wheat (all classes) .......................................................................................... bu 73 0.54
Shell Eggs ....................................................................................................... dozen n/a 0.05
Liquid Eggs ...................................................................................................... lb n/a 0.04
Dried Eggs ....................................................................................................... lb n/a 0.14
Frozen Eggs .................................................................................................... lb n/a 0.05
TABLE 2 TO PARAGRAPH (J)—PAYMENT RATES (2) Eligible revenue received from
FOR SALES COMMODITIES January 1, 2020, through December 27,
2020; multiplied by
2018 or 2019 Sales range Percent pay- (3) 80 percent.
(including crop insurance indemnities and ment factor
NAP and WHIP+ payments) (4) USDA will adjust the eligible rev-
Up to $49,999 ................................................ 10.6 enue based on information certified by
$50,000-$99,999 ............................................ 9.9 the contract producer on form AD–
$100,000-$499,999 ........................................ 9.7 3117B for contract producers who did
$500,000-$999,999 ........................................ 9.0
All sales over $1 million ................................ 8.8 not have a full period of revenue from
January 1 to December 27 for either
(k) CFAP 2 payments will not be cal- 2018 or 2019, or who increased their op-
culated or issued for ineligible com- eration size in 2020. Information re-
modities. quired to calculate these adjustments
(l) For eligible contract producers, if may include a contract producer’s
eligible revenue for the period from square footage increase to the oper-
January 1, 2020, through December 27, ation in 2020, or a contract producer’s
2020, decreased compared to eligible production or number of turns for 2018,
revenue for the period from January 1, 2019, or 2020, as applicable.
2018, through December 27, 2018, or the (m) For eligible contract producers
period from January 1, 2019, through who did not receive eligible revenue
December 27, 2019, then payments will from January 1 through December 27 in
be equal to: 2018 or 2019, but received eligible rev-
(1) Eligible revenue received from enue for the period from January 1,
Nwilliams on DSKB3C5F33PROD with CFR
January 1, 2018, through December 27, 2020, through December 27, 2020:
2018, or from January 1, 2019, through (1) FSA will divide the eligible rev-
December 27, 2019; minus enue received from January 1, 2020,
402
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Office of the Secretary, USDA § 11.1
through December 27, 2020, by the re- 11.12 Effective date and implementation of
sult of 1 minus the average revenue final determinations of the Division.
loss level, determined by USDA for a 11.13 Judicial review.
geographic area based on the best 11.14 Filing of appeals and computation of
time.
available data including, but not lim-
11.15 Participation of third parties and in-
ited to, losses reported by other con- terested parties in Division proceedings.
tract producers for the same area and
type of livestock or poultry; and Subpart B—Organization And Functions
(2) The payment will be equal to:
(i) The result of the calculation in 11.20 General statement.
paragraph (m)(1) of this section minus 11.21 Organization.
the contract producer’s eligible rev- 11.22 Functions.
enue received from January 1, 2020,
through December 27, 2020; multiplied Subpart C—Availability of Information to
by the Public
(ii) 80 percent. 11.30 General statement.
(n) Payments under paragraphs (l) 11.31 Public inspection and copying.
and (m) of this section and the average 11.32 Initial request for records.
revenue loss levels under paragraph 11.33 Appeals.
(m)(1) of this section will be calculated APPENDIX A TO SUBPART C OF PART 11—LIST
separately for the following categories: OF ADDRESSES
(1) Chickens—broilers, pullets, and
AUTHORITY: 5 U.S.C. 301; Title II, Subtitle
layers; H, Pub. L. 103–354, 108 Stat. 3228 (7 U.S.C. 6991
(2) Chicken eggs; et seq.); Reorganization Plan No. 2 of 1953 (5
(3) Turkeys; U.S.C. App.).
(4) Hogs and pigs;
SOURCE: 64 FR 33373, June 23, 1999, unless
(5) Ducks, geese, pheasants, quail;
otherwise noted.
and
(6) All other eligible poultry eggs.
(o) The calculations in paragraphs (l) Subpart A—National Appeals
and (m) of this section are subject to Division Rules of Procedures
the availability of funds and will be
factored, if needed. § 11.1 Definitions.
[85 FR 59386, Sept. 22, 2020. Redesignated and For purposes of this part:
amended at 86 FR 4882, 4883, Jan. 19, 2021; 86 Adverse decision means an administra-
FR 48017, Aug. 27 2021] tive decision made by an officer, em-
ployee, or committee of an agency that
PART 10 [RESERVED] is adverse to a participant. The term
includes a denial of equitable relief by
an agency or the failure of an agency
PART 11—NATIONAL APPEALS to issue a decision or otherwise act on
DIVISION the request or right of the participant
within timeframes specified by agency
Subpart A—National Appeals Division program statutes or regulations or
Rules of Procedures within a reasonable time if timeframes
Sec. are not specified in such statutes or
11.1 Definitions. regulations. The term does not include
11.2 General statement. a decision over which the Board of Con-
11.3 Applicability. tract Appeals has jurisdiction.
11.4 Other laws and regulations.
11.5 Informal review of adverse decisions.
Agency means:
11.6 Director review of agency determina- (1) The Commodity Credit Corpora-
tion of appealability and right of partici- tion (CCC);
pants to Division hearing. (2) The Farm Service Agency (FSA);
11.7 Ex parte communications. (3) The Federal Crop Insurance Cor-
11.8 Division hearings. poration (FCIC);
11.9 Director review of determinations of
(4) The Natural Resources Conserva-
Nwilliams on DSKB3C5F33PROD with CFR
Hearings Officers.
11.10 Basis for determinations. tion Service (NRCS);
11.11 Reconsideration of Director deter- (5) The Risk Management Agency
minations. (RMA);
403
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