§ 760.1702 Definitions. The following definitions apply to the Milk Loss Program. *Affected farmer* means an individual person or legal entity who produces milk which is removed from the commercial market any time or who produces but was unable to deliver milk to a commercial market as a result of a qualifying event, which is limited to either a: ( 1 ) Weather-related event preventing transportation of the milk; or
( 2 ) Weather-related event causing a power outage or structural damage causing milk to be unmerchantable.
*Application period* means any period during calendar year 2020, 2021, and 2022 which an affected farmer's milk is dumped or removed without compensation from the commercial market due to a qualifying disaster event for which application for payment is made.
*Average adjusted gross farm income* means the average of the person or legal entity's adjusted gross income derived from farming, ranching, and forestry operations for the 3 taxable years preceding the most immediately preceding complete taxable year. ( 1 ) If the resulting average adjusted gross farm income derived from items 1 through 12 of the definition of “income derived from farming, ranching, and forestry operations” is at least 66.66 percent of the average adjusted gross income of the person or legal entity, then the average adjusted gross farm income may also take into consideration income or benefits derived from the following: ( i ) The sale of equipment to conduct farm, ranch, or forestry operations; and
( ii ) The provision of production inputs and services to farmers, ranchers, foresters, and farm operations.
( 2 ) The relevant tax years are: ( i ) For the 2020 program year, 2016, 2017, and 2018; and
( ii ) For the 2021 program year, 2017, 2018, and 2019; and
( iii ) For the 2022 program year, 2018, 2019, and 2020.
*Average adjusted gross income* means the average of the adjusted gross income as defined under 26 U.S.C. 62 or comparable measure of the person or legal entity. The relevant tax years are: ( 1 ) For the 2020 program year, 2016, 2017, and 2018;
( 2 ) For the 2021 program year, 2017, 2018, and 2019; and
( 3 ) For the 2022 program year, 2018, 2019, and 2020.
*Base period* means the first full calendar month prior to the claim period in which no qualifying disaster event occurred. If the claim period is multiple consecutive months, the base period remains the same calendar month preceding the start of the claim period.
*Beginning farmer or rancher* means a farmer or rancher who has not operated a farm or ranch for more than 10 years and who materially and substantially participates in the operation. For a legal entity to be considered a beginning farmer or rancher, at least 50 percent of the interest must be beginning farmers or ranchers.
*Claim period* means the calendar month, or months, in which milk was dumped or removed and usually is the calendar month immediately following the base period.
*Commercial market* means the market to which the affected farmer normally delivers milk and from which it was removed.
*County committee* means the FSA county committee.
*Deputy Administrator* means the Deputy Administrator for Farm Programs, FSA.
*FSA* means the Farm Service Agency, U.S. Department of Agriculture.
*Income derived from farming, ranching, and forestry operations* means income of an individual or entity derived from: ( 1 ) Production of crops, specialty crops, and unfinished raw forestry products;
( 2 ) Production of livestock, aquaculture products used for food, honeybees, and products derived from livestock;
( 3 ) Production of farm-based renewable energy;
( 4 ) Selling (including the sale of easements and development rights) of farm, ranch, and forestry land, water or hunting rights, or environmental benefits;
( 5 ) Rental or lease of land or equipment used for farming, ranching, or forestry operations, including water or hunting rights;
( 6 ) Processing, packing, storing, and transportation of farm, ranch, forestry commodities including renewable energy;
( 7 ) Feeding, rearing, or finishing of livestock;
( 8 ) Payments of benefits, including benefits from risk management practices, crop insurance indemnities, and catastrophic risk protection plans;
( 9 ) Sale of land that has been used for agricultural purposes;
( 10 ) Payments and benefits authorized under any program made available and applicable to payment eligibility and payment limitation rules;
( 11 ) Income reported on Internal Revenue Service (IRS) Schedule F or other schedule used by the person or legal entity to report income from such operations to the IRS;
( 12 ) Wages or dividends received from a closely held corporation, and IC-DISC or legal entity comprised entirely of family members when more than 50 percent of the legal entity's gross receipts for each tax year are derived from farming, ranching, or forestry activities as defined in this subpart; and
( 13 ) Any other activity related to farming, ranching, and forestry, as determined by the Deputy Administrator for Farm Programs.
*Limited resource farmer or rancher* means a farmer or rancher: ( 1 ) Who is a person whose: ( i ) Direct or indirect gross farm sales did not exceed: ( A ) $180,300 in each calendar year for 2017 and 2018 (the relevant years for the 2020 program year); or
( B ) $179,000 in each of the 2018 and 2019 calendar years for the 2021 program year;
( C ) $189,200 in each of the 2019 and 2020 calendar years for the 2022 program year; and,
( ii ) Total household income was at or below the national poverty level for a family of four in each of the same two previous years referenced in paragraph (1)(i) of this definition;[1] or
( 2 ) That is an entity and all members who hold an ownership interest in the entity meet the criteria in paragraph (1) of this definition.
*Milk marketing organization* means the marketing agency to or through which the affected dairy farmer marketed milk at the time the milk was either dumped or unable to be delivered to the commercial market due to a qualifying weather related event.
*Ownership interest* means to have either a legal ownership interest or a beneficial ownership interest in a legal entity. For the purposes of administering this subpart, a person or legal entity that owns a share or stock in a legal entity that is a corporation, limited liability company, limited partnership, or similar type entity where members hold a legal ownership interest and shares in the profits or losses of such entity is considered to have an ownership interest in such legal entity. A person or legal entity that is a beneficiary of a trust or heir of an estate who benefits from the profits or losses of such entity is considered to have a beneficial ownership interest in such legal entity.
*Pay period* means: ( 1 ) In the case of an affected farmer who markets milk through a milk marketing organization, the period used by the milk marketing organization in settling with the affected farmer for milk, usually biweekly or monthly; or
( 2 ) In the case of an affected farmer whose commercial market consists of direct retail sales to consumers, a calendar month.
*Payment subject to refund* means a payment which is made by a milk marketing organization to an affected farmer, and which such farmer is obligated to refund to the milk marketing organization.
*Person* means an individual, partnership, association, corporation, trust, estate, or other legal entity.
*Qualifying disaster event* means droughts, wildfires, hurricanes, floods, derechos, excessive heat, winter storms, freeze (including a polar vortex), and smoke exposure, occurring in the 2020, 2021, and 2022 calendar years. Qualifying disaster event also includes tornadoes occurring in the 2022 calendar year. Losses due to drought are only eligible if any area within the county in which the loss occurs was rated by the U.S. Drought Monitor as having a D2 (Severe Drought) for eight consecutive weeks or a D3 (Extreme Drought) or higher level of drought intensity during the applicable calendar years.
*Removed from the commercial market* means: ( 1 ) Produced and destroyed or fed to livestock;
( 2 ) Produced and delivered to a milk marketing organization who destroyed it or disposed of it as salvage; or
( 3 ) Produced and otherwise diverted to other than the commercial market.
*Same loss* means the event or trigger that caused the milk to be removed from the commercial market.
*Secretary* means the Secretary of Agriculture of the United States or any officer or employee of the U.S. Department of Agriculture to whom the Secretary delegates authority to act as the Secretary.
*Socially disadvantaged farmer or rancher* means a farmer or rancher who is a member of a group whose members have been subjected to racial, ethnic, or gender prejudice because of their identity as members of a group without regard to their individual qualities. For entities, at least 50 percent of the ownership interest must be held by individuals who are members of such a group. Socially disadvantaged groups include the following and no others unless approved in writing by the FSA Deputy Administrator for Farm Programs (Deputy Administrator): ( 1 ) American Indians or Alaskan Natives;
( 2 ) Asians or Asian-Americans;
( 3 ) Blacks or African Americans;
( 4 ) Hispanics or Hispanic Americans;
( 5 ) Native Hawaiians or other Pacific Islanders; and
( 6 ) Women.
*State committee* means the FSA State committee.
*Underserved farmer or rancher* means a beginning farmer or rancher, limited resource farmer or rancher, socially disadvantaged farmer or rancher, or veteran farmer or rancher.
*Veteran farmer or rancher* means a farmer or rancher: ( 1 ) Who has served in the Armed Forces (as defined in 38 U.S.C. 101(10) [2] ) and: ( i ) Has not operated a farm or ranch for more than 10 years; or
( ii ) Has obtained status as a veteran (as defined in 38 U.S.C. 101(2) [3] ) during the most recent 10-year period; or
( 2 ) That is an entity, and at least 50 percent of the ownership interest is held by members who meet the criteria in paragraph (1) of this definition.
[84 FR 48534, Sept. 13, 2019, as amended at 88 FR 62288, Sept. 11, 2023] Footnotes -
760.1702
[1] Limited resource farmer or rancher status can be determined using a website available through the Limited Resource Farmer and Rancher Online Self Determination Tool through Natural Resources Conservation Service at *https://lrftool.sc.egov.usda.gov .*
[2] The term “Armed Forces” means the United States Army, Navy, Marine Corps, Air Force, Space Force, and Coast Guard, including the reserve components.
[3] The term “veteran” means a person who served in the active military, naval, air, or space service, and who was discharged or released under conditions other than dishonorable.