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Title 7 — Agriculture

Part A · Chapter 115 — Agricultural Commodity Policy and Programs

§ 9051. Definitions

Statutory text

In this part:

(1)

Actual dairy production margin

The term “actual dairy production margin” means the difference between the all-milk price and the average feed cost, as calculated under section 9052 of this title.

(2)

All-milk price

The term “all-milk price” means the average price received, per hundredweight of milk, by dairy operations for all milk sold to plants and dealers in the United States, as determined by the Secretary.

(3)

Average feed cost

The term “average feed cost” means the average cost of feed used by a dairy operation to produce a hundredweight of milk, determined under section 9052 of this title using the sum of the following:

(A)

The product determined by multiplying 1.0728 by the price of corn per bushel.

(B)

The product determined by multiplying 0.00735 by the price of soybean meal per ton.

(C)

The product determined by multiplying 0.0137 by the price of alfalfa hay per ton.

(4)

Dairy operation

(A)

In general

The term “dairy operation” means, as determined by the Secretary, 1 or more dairy producers that produce and market milk as a single dairy operation in which each dairy producer—

(i)

shares in the risk of producing milk; and

(ii)

makes contributions (including land, labor, management, equipment, or capital) to the dairy operation of the individual or entity, which are at least commensurate with the individual or entity’s share of the proceeds of the operation.

(B)

Additional ownership structures

The Secretary shall determine additional ownership structures to be covered by the definition of dairy operation.

(5)

Dairy margin coverage

The term “dairy margin coverage” means the dairy margin coverage program required by section 9053 of this title.

(6)

Dairy margin coverage payment

The term “dairy margin coverage payment” means a payment made to a participating dairy operation under dairy margin coverage pursuant to section 9056 of this title.

(7)

Participating dairy operation

The term “participating dairy operation” means a dairy operation that registers under section 9054 of this title to participate in dairy margin coverage.

(8)

Production history

The term “production history” means the production history determined for a participating dairy operation under subsection (a) or (b) of section 9055 of this title.

(9)

Secretary

The term “Secretary” means the Secretary of Agriculture.

(10)

United States

The term “United States”, in a geographical sense, means the 50 States, the District of Columbia, American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, the Virgin Islands of the United States, and any other territory or possession of the United States.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Agricultural Act of 2014

    Pub. L. 113–79 title I § 1401 · 128 Stat. 649

    Enacted · 7 U.S.C. § 9051

    Pub. L. 113–79, title I, § 1401, Feb. 7, 2014, 128 Stat. 688

    Source evidence

    Code source credit
    Pub. L. 113–79, title I, § 1401, Feb. 7, 2014, 128 Stat. 688

    Enacted provision · exact public law section
    SEC. 1401. DEFINITIONS.   In this part and part III: (1) Actual dairy production margin.— The term “actual dairy production margin” means the difference between the all-milk price and the average feed cost, as calculated under section 1402. (2) All-milk price.— The term “all-milk price” means the average price received, per hundredweight of milk, by dairy operations for all milk sold to plants and dealers in the United States, as determined by the Secretary. (3) Average feed cost.— The term “average feed cost” means the average cost of feed used by a dairy operation to produce a hundredweight of milk, determined under section 1402 using the sum of the following: (A) The product determined by multiplying 1.0728 by the price of corn per bushel. (B) The product determined by multiplying 0.00735 by the price of soybean meal per ton. (C) The product determined by multiplying 0.0137 by the price of alfalfa hay per ton. (4) Consecutive 2-month period.— The term “consecutive 2-month period” refers to the 2-month period consisting of the months of January and February, March and April, May and June, July and August, September and October, or November and December, respectively. (5) Dairy operation.— (A) In general.— The term “dairy operation” means, as determined by the Secretary, 1 or more dairy producers that produce and market milk as a single dairy operation in which each dairy producer— (i) shares in the risk of producing milk; and (ii) makes contributions (including land, labor, management, equipment, or capital) to the dairy operation of the individual or entity, which are at least commensurate with the individual or entity’s share of the proceeds of the operation. (B) Additional ownership structures.— The Secretary shall determine additional ownership structures to be covered by the definition of dairy operation. (6) Margin protection program.— The term “margin protection program” means the margin protection program required by section 1403. (7) Margin protection program payment.— The term “margin protection program payment” means a payment made to a participating dairy operation under the margin protection program pursuant to section 1406. (8) Participating dairy operation.— The term “participating dairy operation” means a dairy operation that registers under section 1404 to participate in the margin protection program. (9) Production history.— The term “production history” means the production history determined for a participating dairy operation under subsection (a) or (b) of section 1405 when the participating dairy operation first registers to participate in the margin protection program. (10) Secretary.— The term “Secretary” means the Secretary of Agriculture. (11) United states.— The term “United States”, in a geographical sense, means the 50 States, the District of Columbia, American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, the Virgin Islands of the United States, and any other territory or possession of the United States.

  2. Improvements to Agriculture Programs Act of 2018

    Pub. L. 115–123 div. F § 60101(b)(1)(A) · 132 Stat. 64

    1. Redesignated · 7 U.S.C. § 9051(4)

      Pub. L. 115–123 redesignated par. (5) as (4)

    2. Struck · 7 U.S.C. § 9051(4)

      Pub. L. 115–123 struck out former par. (4). Prior to amendment, text read as follows: “The term ‘consecutive 2-month period’ refers to the 2-month period consisting of the months of January and February, March and April, May and June, July and August, September and October, or November and December, respectively.”

    Source evidence

    Code amendment note
    Par. (4). Pub. L. 115–123 redesignated par. (5) as (4) and struck out former par. (4). Prior to amendment, text read as follows: “The term ‘consecutive 2-month period’ refers to the 2-month period consisting of the months of January and February, March and April, May and June, July and August, September and October, or November and December, respectively.”

    Enacted provision · exact public law section
    (A) Definitions.— Section 1401 of the Agricultural Act of 2014 (7 U.S.C. 9051) is amended— (i) by striking paragraph (4); and (ii) by redesignating paragraphs (5) through (11) as paragraphs (4) through (10), respectively.

    Effective date note
    Pub. L. 115–334, title I, § 1401(m), Dec. 20, 2018, 132 Stat. 4518, provided that: “The amendments made by this section [amending this section and sections 9052 to 9060 of this title] shall take effect on January 1, 2019.” Pub. L. 115–123, div. F, § 60101(b)(5), Feb. 9, 2018, 132 Stat. 312, provided that: “The amendments made by this subsection [amending this section and sections 9052 and 9054 to 9057 of this title] shall apply beginning with the 2018 calendar year.”

  3. Improvements to Agriculture Programs Act of 2018

    Pub. L. 115–123 § 60101(b)(1)(A)(ii) · 132 Stat. 64

    Redesignated · 7 U.S.C. § 9051(5); 7 U.S.C. § 9051(6)

    Pub. L. 115–123, § 60101(b)(1)(A)(ii), redesignated pars. (6) and (7) as (5) and (6), respectively. Former par. (5) redesignated (4)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 115–123, § 60101(b)(1)(A)(ii), redesignated pars. (6) and (7) as (5) and (6), respectively. Former par. (5) redesignated (4).

    Enacted provision · exact public law section
    (ii) by redesignating paragraphs (5) through (11) as paragraphs (4) through (10), respectively.

    Effective date note
    Pub. L. 115–334, title I, § 1401(m), Dec. 20, 2018, 132 Stat. 4518, provided that: “The amendments made by this section [amending this section and sections 9052 to 9060 of this title] shall take effect on January 1, 2019.” Pub. L. 115–123, div. F, § 60101(b)(5), Feb. 9, 2018, 132 Stat. 312, provided that: “The amendments made by this subsection [amending this section and sections 9052 and 9054 to 9057 of this title] shall apply beginning with the 2018 calendar year.”

  4. Improvements to Agriculture Programs Act of 2018

    Pub. L. 115–123 § 60101(b)(1)(A)(ii) · 132 Stat. 64

    Redesignated · 7 U.S.C. § 9051(7); 7 U.S.C. § 9051(8)

    Pub. L. 115–123, § 60101(b)(1)(A)(ii), redesignated pars. (8) and (9) as (7) and (8), respectively. Former par. (7) redesignated (6)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 115–123, § 60101(b)(1)(A)(ii), redesignated pars. (8) and (9) as (7) and (8), respectively. Former par. (7) redesignated (6).

    Enacted provision · exact public law section
    (ii) by redesignating paragraphs (5) through (11) as paragraphs (4) through (10), respectively.

    Effective date note
    Pub. L. 115–334, title I, § 1401(m), Dec. 20, 2018, 132 Stat. 4518, provided that: “The amendments made by this section [amending this section and sections 9052 to 9060 of this title] shall take effect on January 1, 2019.” Pub. L. 115–123, div. F, § 60101(b)(5), Feb. 9, 2018, 132 Stat. 312, provided that: “The amendments made by this subsection [amending this section and sections 9052 and 9054 to 9057 of this title] shall apply beginning with the 2018 calendar year.”

  5. Improvements to Agriculture Programs Act of 2018

    Pub. L. 115–123 § 60101(b)(1)(A)(ii) · 132 Stat. 64

    Redesignated · 7 U.S.C. § 9051(9)(11)

    Pub. L. 115–123, § 60101(b)(1)(A)(ii), redesignated pars. (10) and (11) as (9) and (10), respectively. Former par. (9) redesignated (8)

    Source evidence

    Code amendment note
    Pars. (9) to (11). Pub. L. 115–123, § 60101(b)(1)(A)(ii), redesignated pars. (10) and (11) as (9) and (10), respectively. Former par. (9) redesignated (8).

    Enacted provision · exact public law section
    (ii) by redesignating paragraphs (5) through (11) as paragraphs (4) through (10), respectively.

    Effective date note
    Pub. L. 115–334, title I, § 1401(m), Dec. 20, 2018, 132 Stat. 4518, provided that: “The amendments made by this section [amending this section and sections 9052 to 9060 of this title] shall take effect on January 1, 2019.” Pub. L. 115–123, div. F, § 60101(b)(5), Feb. 9, 2018, 132 Stat. 312, provided that: “The amendments made by this subsection [amending this section and sections 9052 and 9054 to 9057 of this title] shall apply beginning with the 2018 calendar year.”

  6. Agriculture Improvement Act of 2018

    Pub. L. 115–334 § 1404(b)(2) · 132 Stat. 4490

    Struck · 7 U.S.C. § 9051

    Pub. L. 115–334, § 1404(b)(2), struck out “and part B” after “this part” in introductory provisions

    Source evidence

    Code amendment note
    Pub. L. 115–334, § 1404(b)(2), struck out “and part B” after “this part” in introductory provisions.

    Enacted provision · exact public law section
    (2) Conforming amendment.— Section 1401 of the Agricultural Act of 2014 (7 U.S.C. 9051) is amended, in the matter preceding paragraph (1), by striking “and part III”.

    Effective date note
    Pub. L. 115–334, title I, § 1401(m), Dec. 20, 2018, 132 Stat. 4518, provided that: “The amendments made by this section [amending this section and sections 9052 to 9060 of this title] shall take effect on January 1, 2019.” Pub. L. 115–123, div. F, § 60101(b)(5), Feb. 9, 2018, 132 Stat. 312, provided that: “The amendments made by this subsection [amending this section and sections 9052 and 9054 to 9057 of this title] shall apply beginning with the 2018 calendar year.”

  7. Agriculture Improvement Act of 2018

    Pub. L. 115–334 § 1401(k)(2)(A) · 132 Stat. 4490

    1. Added · 7 U.S.C. § 9051(5); 7 U.S.C. § 9051(6)

      Pub. L. 115–334, § 1401(k)(2)(A), added pars. (5) and (6)

    2. Struck · 7 U.S.C. § 9051(5); 7 U.S.C. § 9051(6)

      Pub. L. 115–334, § 1401(k)(2)(A), struck out former pars. (5) and (6) which defined the terms “margin protection program” and “margin protection program payment”, respectively

    Source evidence

    Code amendment note
    Pars. (5), (6). Pub. L. 115–334, § 1401(k)(2)(A), added pars. (5) and (6) and struck out former pars. (5) and (6) which defined the terms “margin protection program” and “margin protection program payment”, respectively.

    Enacted provision · exact public law section
    (A) by striking paragraphs (5) and (6) and inserting the following new paragraphs: “(5) Dairy margin coverage.— The term ‘dairy margin coverage’ means the dairy margin coverage program required by section 1403. “(6) Dairy margin coverage payment.— The term ‘dairy margin coverage payment’ means a payment made to a participating dairy operation under dairy margin coverage pursuant to section 1406.” ; and

    Effective date note
    Pub. L. 115–334, title I, § 1401(m), Dec. 20, 2018, 132 Stat. 4518, provided that: “The amendments made by this section [amending this section and sections 9052 to 9060 of this title] shall take effect on January 1, 2019.” Pub. L. 115–123, div. F, § 60101(b)(5), Feb. 9, 2018, 132 Stat. 312, provided that: “The amendments made by this subsection [amending this section and sections 9052 and 9054 to 9057 of this title] shall apply beginning with the 2018 calendar year.”

  8. Agriculture Improvement Act of 2018

    Pub. L. 115–334 § 1401(k)(2)(B) · 132 Stat. 4490

    Substituted · 7 U.S.C. § 9051(7); 7 U.S.C. § 9051(8)

    Pub. L. 115–334, § 1401(k)(2)(B), substituted “dairy margin coverage” for “the margin protection program”

    Source evidence

    Code amendment note
    Pars. (7), (8). Pub. L. 115–334, § 1401(k)(2)(B), substituted “dairy margin coverage” for “the margin protection program”.

    Enacted provision · exact public law section
    (B) in paragraphs (7) and (8), by striking “the margin protection program” both places it appears and inserting “dairy margin coverage”.

    Effective date note
    Pub. L. 115–334, title I, § 1401(m), Dec. 20, 2018, 132 Stat. 4518, provided that: “The amendments made by this section [amending this section and sections 9052 to 9060 of this title] shall take effect on January 1, 2019.” Pub. L. 115–123, div. F, § 60101(b)(5), Feb. 9, 2018, 132 Stat. 312, provided that: “The amendments made by this subsection [amending this section and sections 9052 and 9054 to 9057 of this title] shall apply beginning with the 2018 calendar year.”

  9. Pub. L. 119–21 title I § 10313(a)(1) · 139 Stat. 99

    Struck · 7 U.S.C. § 9051(8)

    Pub. L. 119–21 struck out “when the participating dairy operation first registers to participate in dairy margin coverage” after “section 9055 of this title”

    Unresolved: Pub. L. 119–21 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Par. (8). Pub. L. 119–21 struck out “when the participating dairy operation first registers to participate in dairy margin coverage” after “section 9055 of this title”.

10 of 11 references resolved to an enrolled provision · 1 unresolved

Editorial Notes

Amendments2018–2025 · 2 rounds

2025

Par. (8). Pub. L. 119–21 struck out “when the participating dairy operation first registers to participate in dairy margin coverage” after “section 9055 of this title”.

2018

Pub. L. 115–334, § 1404(b)(2), struck out “and part B” after “this part” in introductory provisions.

Par. (4). Pub. L. 115–123 redesignated par. (5) as (4) and struck out former par. (4). Prior to amendment, text read as follows: “The term ‘consecutive 2-month period’ refers to the 2-month period consisting of the months of January and February, March and April, May and June, July and August, September and October, or November and December, respectively.”

Pars. (5), (6). Pub. L. 115–334, § 1401(k)(2)(A), added pars. (5) and (6) and struck out former pars. (5) and (6) which defined the terms “margin protection program” and “margin protection program payment”, respectively.

Pub. L. 115–123, § 60101(b)(1)(A)(ii), redesignated pars. (6) and (7) as (5) and (6), respectively. Former par. (5) redesignated (4).

Pars. (7), (8). Pub. L. 115–334, § 1401(k)(2)(B), substituted “dairy margin coverage” for “the margin protection program”.

Pub. L. 115–123, § 60101(b)(1)(A)(ii), redesignated pars. (8) and (9) as (7) and (8), respectively. Former par. (7) redesignated (6).

Pars. (9) to (11). Pub. L. 115–123, § 60101(b)(1)(A)(ii), redesignated pars. (10) and (11) as (9) and (10), respectively. Former par. (9) redesignated (8).

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

Pub. L. 115–334, title I, § 1401(m), , 132 Stat. 4518, provided that: “The amendments made by this section [amending this section and sections 9052 to 9060 of this title] shall take effect on .”

Pub. L. 115–123, div. F, § 60101(b)(5), , 132 Stat. 312, provided that: “The amendments made by this subsection [amending this section and sections 9052 and 9054 to 9057 of this title] shall apply beginning with the 2018 calendar year.”

Credits

2014–2025 · 4 acts
  1. 2014Pub. L. 113–79, title I, § 1401, , 128 Stat. 688
  2. 2018Pub. L. 115–123, div. F, § 60101(b)(1)(A), , 132 Stat. 311
  3. 2018Pub. L. 115–334, title I, §§ 1401(k)(2), 1404(b)(2), , 132 Stat. 4516, 4521
  4. 2025Pub. L. 119–21, title I, § 10313(a)(1), , 139 Stat. 99.
Show as published

(Pub. L. 113–79, title I, § 1401, , 128 Stat. 688; Pub. L. 115–123, div. F, § 60101(b)(1)(A), , 132 Stat. 311; Pub. L. 115–334, title I, §§ 1401(k)(2), 1404(b)(2), , 132 Stat. 4516, 4521; Pub. L. 119–21, title I, § 10313(a)(1), , 139 Stat. 99.)

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USLM identifier /us/usc/t7/s9051