###### Editorial Note on [Subchapter B of Chapter XIV](/current/title-7/chapter-XIV/subchapter-B)

#### Editorial Note:

For Federal Register citations to regulations affecting previous program years not included in this volume, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at *[www.govinfo.gov](http://www.govinfo.gov).*

#### § 1430.407 Buy-up coverage.

(a) For purposes of receiving buy-up dairy margin coverage, a participating dairy operation may annually elect, except as provided by [paragraph (i)](/on/2024-09-16/title-7/section-1430.407#p-1430.407(i)) of this section, during an annual election period the following for the applicable calendar year:

(1) A coverage level threshold for margins that, per cwt, is equal to one of the following: $4.50, $5, $5.50, $6, $6.50, $7, $7.50, $8, $8.50. $9, or $9.50; and

(2) A percentage of coverage for the production history or adjusted base production history from 5 percent to 95 percent, in 5 percent increments.

(b) In the absence of any such election, the applicable coverage level provided, with no premium due, is catastrophic level coverage.

(c) A participating dairy operation that elects margin protection coverage above $4 is required to pay an annual premium based on coverage level and covered production history in addition to the administrative fee. Tier 1 applies to covered production history up to and including 5 million pounds; Tier 2 applies to covered production history above 5 million pounds.

(d) A participating dairy operation may only select one coverage level threshold and only one percentage of coverage applicable to both Tier 1 and Tier 2. However, a participating dairy operation that elects a coverage level threshold of $8.50, $9, or $9.50, according to [paragraph (a)(1)](/on/2024-09-16/title-7/section-1430.407#p-1430.407(a)(1)) of this section, on the dairy operation's first 5 million pounds of production history under Tier 1, must choose a different coverage level threshold that is equal to $4, $4.50, $5, $5.50, $6, $6.50, $7, $7.50, $8 to apply to production history in excess of 5 million pounds included in the covered production under Tier 2 elected by the participating dairy operation.

(e) The premium per cwt of milk, based on the elected percentage of coverage of production history is specified in the following table:

Table 1 to [§ 1430.407](/on/2024-09-16/title-7/section-1430.407)(e)

| Coverage level (margin) | Tier 1 premium per cwt (for the covered production history that is 5 million pounds or less) | Tier 2 premium per cwt (for the part of covered production history over 5 million pounds) |
| --- | --- | --- |
| $4.00 | None | None |
| 4.50 | $0.0025 | $0.0025 |
| $5.00 | 0.005 | 0.005 |
| $5.50 | 0.030 | 0.100 |
| 6.00 | 0.050 | 0.310 |
| 6.50 | 0.070 | 0.650 |
| 7.00 | 0.080 | 1.107 |
| 7.50 | 0.090 | 1.413 |
| 8.00 | 0.100 | 1.813 |
| 8.50 | 0.105 | N/A |
| 9.00 | 0.110 | N/A |
| 9.50 | 0.150 | N/A |

(f) The annual premium due for a participating dairy operation is calculated for production history or adjusted base production history, as applicable, by multiplying:

(1) The covered production history or adjusted base production history; and

(2) The premium per cwt of milk specified in [paragraph (e)](/on/2024-09-16/title-7/section-1430.407#p-1430.407(e)) of this section for the coverage level elected in [paragraph (d)](/on/2024-09-16/title-7/section-1430.407#p-1430.407(d)) of this section by the dairy operation.

(g) In the case of a new dairy operation that first registers to participate in DMC for a calendar year after the start of the calendar year, the participating dairy operation is required to pay a pro-rated premium for that calendar year based on the portion of the calendar year for which the participating dairy operation is eligible, and for which it purchases the coverage.

(h) A participating dairy operation is required to pay the annual premium in total as specified in [paragraphs (d)](/on/2024-09-16/title-7/section-1430.407#p-1430.407(d)) and [(e)](/on/2024-09-16/title-7/section-1430.407#p-1430.407(e)) of this section for the applicable calendar year, at time of submission of coverage election to FSA; but no later than September 1 of the applicable calendar year of coverage, unless otherwise specified by the Deputy Administrator.

(i) If the total premium is not paid for an applicable calendar year of coverage as specified in [paragraph (g)](/on/2024-09-16/title-7/section-1430.407#p-1430.407(g)) of this section, the participating dairy operation will lose coverage until such time as the premium has been fully paid.

(j) For each calendar year 2019 through 2023, a participating dairy operation that makes a one-time election of a coverage level threshold and a percentage of coverage according to this section, for a 5-year period, will have their elected coverage level, as applicable to each tier, reduced by 25 percent. The option to lock in for the premium rate discount must be elected during the 2019 annual coverage election period announced by FSA. Except that, new dairy operations, not in existence during the 2019 annual election period, that elect to participate in DMC according to [§ 1430.404(b)](/on/2024-09-16/title-7/section-1430.404#p-1430.404(b)), are eligible to receive the premium rate discount for locking coverage for the period beginning with the first available calendar year and ending in 2023, except that new dairy operations registering for DMC for the first time for coverage year 2023 and dairy operations that stop producing and marketing milk in 2019 that are registering for eligible months in 2019 are not eligible for the multi-year premium rate discount. All dairy operations that elect the lock-in option are subject to full participation in the DMC Program at the same elected premium coverage levels and calculated premium for the duration of DMC according to [§ 1430.413](/on/2024-09-16/title-7/section-1430.413). Participating dairy operations that received the premium rate discount during the 2023 calendar year of coverage are eligible to receive the premium rate discount for calendar year 2024, unless the dairy operation opts-out of lock-in coverage for 2024 according to [§ 1430.404(e)(2)](/on/2024-09-16/title-7/section-1430.404#p-1430.404(e)(2)).

(k) Annual premium balances due to CCC from a participating dairy operation for a calendar year of coverage must be paid in full no later than September 1 of the applicable calendar year or within a grace period determined by the Deputy Administrator, if applicable.

(l) The Deputy Administrator may waive the obligation to pay the premium, or refund the premium paid, of a participating dairy operation for a calendar year, for death, retirement, permanent dissolution of a participating dairy operation, or other circumstances determined by the Deputy Administrator. In these instances, the contract will be terminated immediately, except with respect to payments accrued to the benefit of the participating dairy operation under this subpart before such termination.

(m) DMC administrative fees and premiums are required to be paid by a negotiable instrument satisfactory to FSA and made payable to CCC and either mailed to or provided in person to the administrative county office or other location designated by FSA.

(n) The premium rate for adjusted base production history eligible under a lock-in contract maintains the 25 percent discounted rate according to [paragraph (j)](/on/2024-09-16/title-7/section-1430.407#p-1430.407(j)) of this section.

[[84 FR 28176](https://www.federalregister.gov/citation/84-FR-28176), June 18, 2019, as amended at [86 FR 70707](https://www.federalregister.gov/citation/86-FR-70707), Dec. 13, 2021; [89 FR 14376](https://www.federalregister.gov/citation/89-FR-14376), Feb. 26, 2024]