§ 760.810 Qualifying 2005, 2006, or 2007 quantity crop losses. ( a ) To receive benefits under this part, the county committee must determine that because of eligible damaging weather or related condition specifically impacting the crop or crop acreage, the participant with respect to the 2005, 2006, or 2007 crop: ( 1 ) Was prevented from planting a crop;
( 2 ) Sustained a loss in excess of 35 percent of the expected production of a crop; or
( 3 ) Sustained a loss in excess of 35 percent of the value for value loss crops.
( b ) Qualifying losses under this part do not include losses: ( 1 ) For the 2007 crop, those acres planted, or in the case of prevented planting, would have been planted, on or after February 28, 2007;
( 2 ) That are determined by FSA to be the result of poor management decisions, poor farming practices, or drifting herbicides;
( 3 ) That are the result of the failure of the participant to re-seed or replant the same crop in the county where it is customary to re-seed or replant after a loss;
( 4 ) That are not as a result of a damaging weather or a weather related condition specifically impacting the crop or crop acreage;
( 5 ) To crops not intended for harvest in crop year 2005, 2006, or 2007;
( 6 ) Of by-products resulting from processing or harvesting a crop, such as cottonseed, peanut shells, wheat, or oat straw;
( 7 ) To home gardens;
( 8 ) That are a result of water contained or released by any governmental, public, or private dam or reservoir project if an easement exists on the acreage affected for the containment or release of the water; or
( 9 ) If losses could be attributed to conditions occurring outside of the applicable crop year growing season.
( c ) Qualifying losses under this part for nursery stock will not include losses: ( 1 ) For the 2007 crop, that nursery inventory acquired on or after February 28, 2007;
( 2 ) Caused by a failure of power supply or brownouts;
( 3 ) Caused by the inability to market nursery stock as a result of lack of compliance with State and local commercial ordinances and laws, quarantine, boycott, or refusal of a buyer to accept production;
( 4 ) Caused by fire unless directly related to an eligible natural disaster;
( 5 ) Affecting crops where weeds and other forms of undergrowth in the vicinity of the nursery stock have not been controlled; or
( 6 ) Caused by the collapse or failure of buildings or structures.
( d ) Qualifying losses under this part for honey, where the honey production by colonies or bees was diminished, will not include losses: ( 1 ) For the 2007 crop, for production from those bees acquired on or after February 28, 2007;
( 2 ) Where the inability to extract was due to the unavailability of equipment, the collapse or failure of equipment, or apparatus used in the honey operation;
( 3 ) Resulting from storage of honey after harvest;
( 4 ) To honey production because of bee feeding;
( 5 ) Caused by the application of chemicals;
( 6 ) Caused by theft, fire, or vandalism;
( 7 ) Caused by the movement of bees by the producer or any other person; or
( 8 ) Due to disease or pest infestation of the colonies.
( e ) Qualifying losses for other value loss crops, except nursery, will not include losses for the 2007 crop that were acquired on or after February 28, 2007.
( f ) Loss calculations will take into account other conditions and adjustments provided for in this part.