7 U.S. Code § 7982 - National dairy market loss payments
In this section:
(1) Class I milk
The term “Class I milk” means milk (including milk components) classified as Class I milk under a Federal milk marketing order.
(2) Eligible production
The term “eligible production” means milk produced by a producer in a participating State.
(3) Federal milk marketing order
The term “Federal milk marketing order” means an order issued under section 608c of this title.
The term “producer” means an individual or entity that directly or indirectly (as determined by the Secretary)—
The Secretary shall offer to enter into contracts with producers on a dairy farm located in a participating State under which the producers receive payments on eligible production.
Payments to a producer under this section shall be calculated by multiplying (as determined by the Secretary)—
(1) the payment quantity for the producer during the applicable month established under subsection (d) of this section;
(2) the amount equal to—
(d) Payment quantity
(1) In general
Subject to paragraph (2), the payment quantity for a producer during the applicable month under this section shall be equal to the quantity of eligible production marketed by the producer during the month.
The payment quantity for all producers on a single dairy operation during the months of the applicable fiscal year for which the producers receive payments under subsection (b) of this section shall not exceed 2,400,000 pounds. For purposes of determining whether producers are producers on separate dairy operations or a single dairy operation, the Secretary shall apply the same standards as were applied in implementing the dairy program under section 805 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2001 (as enacted into law by Public Law 106–387; 114 Stat. 1549A–50).
A payment under a contract under this section shall be made on a monthly basis not later than 60 days after the last day of the month for which the payment is made.
The Secretary shall offer to enter into contracts under this section during the period beginning on the date that is 60 days after May 13, 2002, and ending on September 30, 2007.
(g) Duration of contract
(1) In general
Except as provided in paragraph (2), any contract entered into by producers on a dairy farm under this section shall cover eligible production marketed by the producers on the dairy farm during the period starting with the first day of month the producers on the dairy farm enter into the contract and ending on September 30, 2007.
If a producer violates the contract, the Secretary may—
(A) terminate the contract and allow the producer to retain any payments received under the contract; or
Source(Pub. L. 107–171, title I, § 1502,May 13, 2002, 116 Stat. 205; Pub. L. 109–171, title I, § 1101,Feb. 8, 2006, 120 Stat. 4; Pub. L. 110–28, title IX, § 9006(a),May 25, 2007, 121 Stat. 217.)
References in Text
Section 805 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2001, referred to in subsec. (d)(2), is section 805 ofPub. L. 106–387, § 1(a) [title VIII], Oct. 28, 2000, 114 Stat. 1549, 1549A–50, which is not classified to the Code.
2007—Subsec. (c)(3). Pub. L. 110–28inserted “and” at end of subpar. (A), substituted “September 30, 2007, 34 percent.” for “August 31, 2007, 34 percent; and” in subpar. (B), and struck out subpar. (C), which read as follows: “during the period beginning on September 1, 2007, 0 percent.”
2006—Subsec. (c)(3). Pub. L. 109–171, § 1101(a), added par. (3) and struck out former par. (3) which read as follows: “45 percent.”
Subsec. (f). Pub. L. 109–171, § 1101(b), substituted “2007” for “2005”.
Subsec. (g)(1). Pub. L. 109–171, § 1101(b), (c)(1), struck out “and subsection (h) of this section” after “paragraph (2)” and substituted “2007” for “2005”.
Subsec. (h). Pub. L. 109–171, § 1101(c)(2), struck out subsec. (h), which related to transition rule.