Eligibility
All dairy operations in the United States shall be eligible to participate in dairy margin coverage to receive dairy margin coverage payments.
Registration process
In general
The Secretary shall specify the manner and form by which a participating dairy operation may register to participate in dairy margin coverage, including the establishment of a date each calendar year by which a dairy operation shall register for the calendar year.
Extension of election period for 2018 calendar year
In general
The Secretary shall extend the election period for the 2018 calendar year by not less than 90 days after , or such additional period as the Secretary determines is necessary for dairy operations to make new elections to participate for that calendar year, including dairy operations that elected to so participate before .
Retroactive program option
7 U.S.C. 1501In the case of a dairy operation that, by operation of subsection (d) (as in effect on the day before ), was ineligible to participate in the margin protection program for any part of calendar year 2018, the Secretary shall establish a new election period for that calendar year that ends on a date that is not less than 90 days after , and the Secretary determines is necessary for dairy operations to make new elections to participate in the margin protection program (as in effect on the day before ) for that calendar year, including dairy operations that elected to participate in the livestock gross margin for dairy program under the Federal Crop Insurance Act ( et seq.) before .
Election period for 2019 calendar year
Treatment of multiproducer dairy operation
In general
If a participating dairy operation is operated by more than 1 dairy producer, the dairy producers of the dairy operation who elect to participate shall be treated as a single dairy operation for purposes of participating in dairy margin coverage.
Rule of construction
Subparagraph (A) shall not be construed to allow a producer to adjust the proportion of their share covered under tier I or tier II premiums from the proportion covered for the operation.
Treatment of producers with multiple dairy operations
If a dairy producer operates 2 or more dairy operations, each dairy operation of the producer shall separately register to participate in dairy margin coverage.
Annual administrative fee
Administrative fee required
Amount of fee
The administrative fee for a participating dairy operation shall be $100.
Use of fees
The Secretary shall use administrative fees collected under this subsection to cover administrative costs incurred to carry out dairy margin coverage.
Exemption
A limited resource, beginning, veteran, or socially disadvantaged farmer, as defined by the Secretary, shall be exempt from the administrative fee under this subsection.
Pub. L. 113–79, title I, § 1404128 Stat. 690Pub. L. 115–123, div. F, § 60101(b)(2)132 Stat. 311Pub. L. 115–334, title I, § 1401(d)132 Stat. 4512(, , ; , , ; , (e), (k)(5), , , 4517.)
Editorial Notes
References in Text
act Feb. 16, 1938, ch. 3052 Stat. 72section 1501 of this titleThe Federal Crop Insurance Act, referred to in subsec. (b)(2)(B), is subtitle A of title V of , , which is classified generally to subchapter I (§ 1501 et seq.) of chapter 36 of this title. For complete classification of this Act to the Code, see and Tables.
section 1401(m) of Pub. L. 115–334section 9051 of this titleSection 1401(m) of the Agriculture Improvement Act of 2018, referred to in subsec. (b)(3)(A), is , which is set out as a note under .
Amendments
Pub. L. 115–334, § 1401(k)(5)(A)2018—, substituted “dairy margin coverage” for “margin protection program” in section catchline.
Pub. L. 115–334, § 1401(k)(5)(B)Subsec. (a). , substituted “eligible to participate in dairy margin coverage to receive dairy margin coverage payments” for “eligible to participate in the margin protection program to receive margin protection payments”.
Pub. L. 115–334, § 1401(k)(5)(C)Subsec. (b)(1). , substituted “dairy margin coverage” for “the margin protection program”.
Pub. L. 115–123, § 60101(b)(2)(A)(i), inserted “, including the establishment of a date each calendar year by which a dairy operation shall register for the calendar year” before period at end.
Pub. L. 115–334, § 1401(e)(2)Subsec. (b)(2). , designated existing provisions as subpar. (A), inserted heading, and added subpar. (B).
Pub. L. 115–123, § 60101(b)(2)(A)(iii), added par. (2). Former par. (2) redesignated (3).
Pub. L. 115–334, § 1401(d)(2)Subsec. (b)(3). , added par. (3) and struck out former par. (3). Prior to amendment, text read as follows: “If a participating dairy operation is operated by more than 1 dairy producer, all of the dairy producers of the participating dairy operation shall be treated as a single dairy operation for purposes of participating in the margin protection program.”
Pub. L. 115–123, § 60101(b)(2)(A)(ii), redesignated par. (2) as (3). Former par. (3) redesignated (4).
Pub. L. 115–334, § 1401(d)(2)Subsec. (b)(4). , added par. (4). Former par. (4) redesignated (5).
Pub. L. 115–123, § 60101(b)(2)(A)(ii), redesignated par. (3) as (4).
Pub. L. 115–334, § 1401(k)(5)(C)Subsec. (b)(5). , substituted “dairy margin coverage” for “the margin protection program”.
Pub. L. 115–334, § 1401(d)(1), redesignated par. (4) as (5).
Pub. L. 115–334, § 1401(k)(5)(C)Subsec. (c)(1), (3). , substituted “dairy margin coverage” for “the margin protection program” wherever appearing.
Pub. L. 115–123, § 60101(b)(2)(B)Subsec. (c)(4). , added par. (4).
Pub. L. 115–334, § 1401(e)(1)7 U.S.C. 1501Subsec. (d). , struck out subsec. (d). Text read as follows: “A dairy operation may participate in the margin protection program or the livestock gross margin for dairy program under the Federal Crop Insurance Act ( et seq.), but not both.”
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Pub. L. 115–334section 1401(m) of Pub. L. 115–334section 9051 of this titleAmendment by effective on , see , set out as a note under .
Pub. L. 115–123section 60101(b)(5) of Pub. L. 115–123section 9051 of this titleAmendment by applicable beginning with the 2018 calendar year, see , set out as a note under .