§ 9054. Participation of dairy operations in dairy margin coverage

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. 2014

   Agricultural Act of 2014

   Pub. L. 113–79 title I § 1404 · 128 Stat. 649

   Enacted · 7 U.S.C. § 9054

   Pub. L. 113–79, title I, § 1404, Feb. 7, 2014, 128 Stat. 690

   Source evidence

   Code source credit
   Pub. L. 113–79, title I, § 1404, Feb. 7, 2014, 128 Stat. 690

   Enacted provision · exact public law section
   SEC. 1404. PARTICIPATION OF DAIRY OPERATIONS IN MARGIN PROTECTION PROGRAM. (a) Eligibility.— All dairy operations in the United States shall be eligible to participate in the margin protection program to receive margin protection payments. (b) Registration Process.— (1) In general.— The Secretary shall specify the manner and form by which a participating dairy operation may register to participate in the margin protection program. (2) Treatment of multiproducer dairy operations.— If a participating dairy operation is operated by more than 1 dairy producer, all of the dairy producers of the participating dairy operation shall be treated as a single dairy operation for purposes of participating in the margin protection program. (3) Treatment of producers with multiple dairy operations.— If a dairy producer operates 2 or more dairy operations, each dairy operation of the producer shall separately register to participate in the margin protection program. (c) Annual Administrative Fee.— (1) Administrative fee required.— Each participating dairy operation shall— (A) pay an administrative fee to register to participate in the margin protection program; and (B) pay the administrative fee annually through the duration of the margin protection program specified in section 1409. (2) Amount of fee.— The administrative fee for a participating dairy operation shall be $100. (3) Use of fees.— The Secretary shall use administrative fees collected under this subsection to cover administrative costs incurred to carry out the margin protection program. (d) Relation to Livestock Gross Margin for Dairy Program.— A dairy operation may participate in the margin protection program or the livestock gross margin for dairy program under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.), but not both.

2. 2018

   Improvements to Agriculture Programs Act of 2018

   Pub. L. 115–123 § 60101(b)(2)(A)(i) · 132 Stat. 64

   Inserted · 7 U.S.C. § 9054(b)(1)

   Pub. L. 115–123, § 60101(b)(2)(A)(i), inserted “, including the establishment of a date each calendar year by which a dairy operation shall register for the calendar year” before period at end

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 115–123, § 60101(b)(2)(A)(i), inserted “, including the establishment of a date each calendar year by which a dairy operation shall register for the calendar year” before period at end.

   Enacted provision · exact public law section
   (i) in paragraph (1), by inserting “, including the establishment of a date each calendar year by which a dairy operation shall register for the calendar year” before the period at the end;

   Effective date note
   Amendment by Pub. L. 115–334 effective on Jan. 1, 2019, see section 1401(m) of Pub. L. 115–334, set out as a note under section 9051 of this title. Amendment by Pub. L. 115–123 applicable beginning with the 2018 calendar year, see section 60101(b)(5) of Pub. L. 115–123, set out as a note under section 9051 of this title.

3. 2018

   Improvements to Agriculture Programs Act of 2018

   Pub. L. 115–123 § 60101(b)(2)(A)(iii) · 132 Stat. 64

   Redesignated · 7 U.S.C. § 9054(b)(2)

   Pub. L. 115–123, § 60101(b)(2)(A)(iii), added par. (2). Former par. (2) redesignated (3)

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 115–123, § 60101(b)(2)(A)(iii), added par. (2). Former par. (2) redesignated (3).

   Enacted provision · exact public law section
   (iii) by inserting after paragraph (1) the following: “(2) Extension of election period for 2018 calendar year.— Deadline. Determination. The Secretary shall extend the election period for the 2018 calendar year by not less than 90 days after the date of enactment of the Bipartisan Budget Act of 2018 or such additional period as the Secretary determines is necessary for dairy operations to make new elections to participate for that calendar year, including dairy operations that elected to so participate before that date of enactment.” ; and

   Effective date note
   Amendment by Pub. L. 115–334 effective on Jan. 1, 2019, see section 1401(m) of Pub. L. 115–334, set out as a note under section 9051 of this title. Amendment by Pub. L. 115–123 applicable beginning with the 2018 calendar year, see section 60101(b)(5) of Pub. L. 115–123, set out as a note under section 9051 of this title.

4. 2018

   Improvements to Agriculture Programs Act of 2018

   Pub. L. 115–123 § 60101(b)(2)(A)(ii) · 132 Stat. 64

   Redesignated · 7 U.S.C. § 9054(b)(3)

   Pub. L. 115–123, § 60101(b)(2)(A)(ii), redesignated par. (2) as (3). Former par. (3) redesignated (4)

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 115–123, § 60101(b)(2)(A)(ii), redesignated par. (2) as (3). Former par. (3) redesignated (4).

   Enacted provision · exact public law section
   (ii) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and

   Effective date note
   Amendment by Pub. L. 115–334 effective on Jan. 1, 2019, see section 1401(m) of Pub. L. 115–334, set out as a note under section 9051 of this title. Amendment by Pub. L. 115–123 applicable beginning with the 2018 calendar year, see section 60101(b)(5) of Pub. L. 115–123, set out as a note under section 9051 of this title.

5. 2018

   Improvements to Agriculture Programs Act of 2018

   Pub. L. 115–123 § 60101(b)(2)(A)(ii) · 132 Stat. 64

   Redesignated · 7 U.S.C. § 9054(b)(4)

   Pub. L. 115–123, § 60101(b)(2)(A)(ii), redesignated par. (3) as (4)

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 115–123, § 60101(b)(2)(A)(ii), redesignated par. (3) as (4).

   Enacted provision · exact public law section
   (ii) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and

   Effective date note
   Amendment by Pub. L. 115–334 effective on Jan. 1, 2019, see section 1401(m) of Pub. L. 115–334, set out as a note under section 9051 of this title. Amendment by Pub. L. 115–123 applicable beginning with the 2018 calendar year, see section 60101(b)(5) of Pub. L. 115–123, set out as a note under section 9051 of this title.

6. 2018

   Improvements to Agriculture Programs Act of 2018

   Pub. L. 115–123 § 60101(b)(2)(B) · 132 Stat. 64

   Added · 7 U.S.C. § 9054(c)(4)

   Pub. L. 115–123, § 60101(b)(2)(B), added par. (4)

   Source evidence

   Code amendment note
   Subsec. (c)(4). Pub. L. 115–123, § 60101(b)(2)(B), added par. (4).

   Enacted provision · exact public law section
   (B) in subsection (c), by adding at the end the following: “(4) Exemption.— A limited resource, beginning, veteran, or socially disadvantaged farmer, as defined by the Secretary, shall be exempt from the administrative fee under this subsection.” .

   Effective date note
   Amendment by Pub. L. 115–334 effective on Jan. 1, 2019, see section 1401(m) of Pub. L. 115–334, set out as a note under section 9051 of this title. Amendment by Pub. L. 115–123 applicable beginning with the 2018 calendar year, see section 60101(b)(5) of Pub. L. 115–123, set out as a note under section 9051 of this title.

7. 2018

   Agriculture Improvement Act of 2018

   Pub. L. 115–334 § 1401(k)(5)(A) · 132 Stat. 4490

   Substituted · 7 U.S.C. § 9054

   Pub. L. 115–334, § 1401(k)(5)(A), substituted “dairy margin coverage” for “margin protection program” in section catchline

   Source evidence

   Code amendment note
   Pub. L. 115–334, § 1401(k)(5)(A), substituted “dairy margin coverage” for “margin protection program” in section catchline.

   Enacted provision · exact public law section
   (A) in the section heading, by striking “margin protection program” and inserting “dairy margin coverage”;

   Effective date note
   Amendment by Pub. L. 115–334 effective on Jan. 1, 2019, see section 1401(m) of Pub. L. 115–334, set out as a note under section 9051 of this title. Amendment by Pub. L. 115–123 applicable beginning with the 2018 calendar year, see section 60101(b)(5) of Pub. L. 115–123, set out as a note under section 9051 of this title.

8. 2018

   Agriculture Improvement Act of 2018

   Pub. L. 115–334 § 1401(k)(5)(B) · 132 Stat. 4490

   Substituted · 7 U.S.C. § 9054(a)

   Pub. L. 115–334, § 1401(k)(5)(B), substituted “eligible to participate in dairy margin coverage to receive dairy margin coverage payments” for “eligible to participate in the margin protection program to receive margin protection payments”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 115–334, § 1401(k)(5)(B), substituted “eligible to participate in dairy margin coverage to receive dairy margin coverage payments” for “eligible to participate in the margin protection program to receive margin protection payments”.

   Enacted provision · exact public law section
   (B) in subsection (a), by striking “the margin protection program to receive margin protection payments” and inserting “dairy margin coverage to receive dairy margin coverage payments”; and

   Effective date note
   Amendment by Pub. L. 115–334 effective on Jan. 1, 2019, see section 1401(m) of Pub. L. 115–334, set out as a note under section 9051 of this title. Amendment by Pub. L. 115–123 applicable beginning with the 2018 calendar year, see section 60101(b)(5) of Pub. L. 115–123, set out as a note under section 9051 of this title.

9. 2018

   Agriculture Improvement Act of 2018

   Pub. L. 115–334 § 1401(k)(5)(C) · 132 Stat. 4490

   Substituted · 7 U.S.C. § 9054(b)(1)

   Pub. L. 115–334, § 1401(k)(5)(C), substituted “dairy margin coverage” for “the margin protection program”

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 115–334, § 1401(k)(5)(C), substituted “dairy margin coverage” for “the margin protection program”.

   Enacted provision · exact public law section
   (C) in subsections (b) and (c), by striking “the margin protection program” each place it appears and inserting “dairy margin coverage”.

   Effective date note
   Amendment by Pub. L. 115–334 effective on Jan. 1, 2019, see section 1401(m) of Pub. L. 115–334, set out as a note under section 9051 of this title. Amendment by Pub. L. 115–123 applicable beginning with the 2018 calendar year, see section 60101(b)(5) of Pub. L. 115–123, set out as a note under section 9051 of this title.

10. 2018

    Agriculture Improvement Act of 2018

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

    1. Amended · 7 U.S.C. § 9054(b)(2)

       Pub. L. 115–334, § 1401(e)(2), designated existing provisions as subpar. (A)

    2. Inserted · 7 U.S.C. § 9054(b)(2)

       Pub. L. 115–334, § 1401(e)(2), inserted heading

    3. Added · 7 U.S.C. § 9054(b)(2)

       Pub. L. 115–334, § 1401(e)(2), added subpar. (B)

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 115–334, § 1401(e)(2), designated existing provisions as subpar. (A), inserted heading, and added subpar. (B).

    Enacted provision · exact public law section
    (2) Retroactive program option.— Section 1404(b)(2) of the Agricultural Act of 2014 (7 U.S.C. 9054(b)(2)) is amended— (A) by striking “The Secretary” and inserting the following: “(A) In general.— The Secretary” ; and (B) by adding at the end the following: “(B) Retroactive program option.— In the case of a dairy operation that, by operation of subsection (d) (as in effect on the day before the date of enactment of the Agriculture Improvement Act of 2018), was ineligible to participate in the margin protection program for any part of calendar year 2018, the Secretary shall establish a new election period for that calendar year that ends on a date that is not less than 90 days after the date of enactment of the Agriculture Improvement Act of 2018 and the Secretary determines is necessary for dairy operations to make new elections to participate in the margin protection program (as in effect on the day before the date of enactment of the Agriculture Improvement Act of 2018) for that calendar year, including dairy operations that elected to participate in the livestock gross margin for dairy program under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) before the date of enactment of the Bipartisan Budget Act of 2018 (Public Law 115–123).” .

    Effective date note
    Amendment by Pub. L. 115–334 effective on Jan. 1, 2019, see section 1401(m) of Pub. L. 115–334, set out as a note under section 9051 of this title. Amendment by Pub. L. 115–123 applicable beginning with the 2018 calendar year, see section 60101(b)(5) of Pub. L. 115–123, set out as a note under section 9051 of this title.

11. 2018

    Agriculture Improvement Act of 2018

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

    1. Added · 7 U.S.C. § 9054(b)(3)

       Pub. L. 115–334, § 1401(d)(2), added par. (3)

    2. Struck · 7 U.S.C. § 9054(b)(3)

       Pub. L. 115–334, § 1401(d)(2), struck out former par. (3). Prior to amendment, text read as follows: “If a participating dairy operation is operated by more than 1 dairy producer, all of the dairy producers of the participating dairy operation shall be treated as a single dairy operation for purposes of participating in the margin protection program.”

    Source evidence

    Code amendment note
    Subsec. (b)(3). Pub. L. 115–334, § 1401(d)(2), added par. (3) and struck out former par. (3). Prior to amendment, text read as follows: “If a participating dairy operation is operated by more than 1 dairy producer, all of the dairy producers of the participating dairy operation shall be treated as a single dairy operation for purposes of participating in the margin protection program.”

    Enacted provision · exact public law section
    (2) by striking paragraph (3) and inserting the following: “(3) Election period for 2019 calendar year.— For the 2019 calendar year, the Secretary shall— “(A) open the election period not later than 60 days after the effective date described in section 1401(m) of the Agriculture Improvement Act of 2018; and “(B) hold that election period open for not less than 90 days. “(4) Treatment of multiproducer dairy operation.— “(A) In general.— If a participating dairy operation is operated by more than 1 dairy producer, the dairy producers of the dairy operation who elect to participate shall be treated as a single dairy operation for purposes of participating in dairy margin coverage. “(B) Rule of construction.— Subparagraph (A) shall not be construed to allow a producer to adjust the proportion of their share covered under tier I or tier II premiums from the proportion covered for the operation.” .

    Effective date note
    Amendment by Pub. L. 115–334 effective on Jan. 1, 2019, see section 1401(m) of Pub. L. 115–334, set out as a note under section 9051 of this title. Amendment by Pub. L. 115–123 applicable beginning with the 2018 calendar year, see section 60101(b)(5) of Pub. L. 115–123, set out as a note under section 9051 of this title.

12. 2018

    Agriculture Improvement Act of 2018

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

    Redesignated · 7 U.S.C. § 9054(b)(4)

    Pub. L. 115–334, § 1401(d)(2), added par. (4). Former par. (4) redesignated (5)

    Source evidence

    Code amendment note
    Subsec. (b)(4). Pub. L. 115–334, § 1401(d)(2), added par. (4). Former par. (4) redesignated (5).

    Enacted provision · exact public law section
    (2) by striking paragraph (3) and inserting the following: “(3) Election period for 2019 calendar year.— For the 2019 calendar year, the Secretary shall— “(A) open the election period not later than 60 days after the effective date described in section 1401(m) of the Agriculture Improvement Act of 2018; and “(B) hold that election period open for not less than 90 days. “(4) Treatment of multiproducer dairy operation.— “(A) In general.— If a participating dairy operation is operated by more than 1 dairy producer, the dairy producers of the dairy operation who elect to participate shall be treated as a single dairy operation for purposes of participating in dairy margin coverage. “(B) Rule of construction.— Subparagraph (A) shall not be construed to allow a producer to adjust the proportion of their share covered under tier I or tier II premiums from the proportion covered for the operation.” .

    Effective date note
    Amendment by Pub. L. 115–334 effective on Jan. 1, 2019, see section 1401(m) of Pub. L. 115–334, set out as a note under section 9051 of this title. Amendment by Pub. L. 115–123 applicable beginning with the 2018 calendar year, see section 60101(b)(5) of Pub. L. 115–123, set out as a note under section 9051 of this title.

13. 2018

    Agriculture Improvement Act of 2018

    Pub. L. 115–334 § 1401(k)(5)(C) · 132 Stat. 4490

    Substituted · 7 U.S.C. § 9054(b)(5)

    Pub. L. 115–334, § 1401(k)(5)(C), substituted “dairy margin coverage” for “the margin protection program”

    Source evidence

    Code amendment note
    Subsec. (b)(5). Pub. L. 115–334, § 1401(k)(5)(C), substituted “dairy margin coverage” for “the margin protection program”.

    Enacted provision · exact public law section
    (C) in subsections (b) and (c), by striking “the margin protection program” each place it appears and inserting “dairy margin coverage”.

    Effective date note
    Amendment by Pub. L. 115–334 effective on Jan. 1, 2019, see section 1401(m) of Pub. L. 115–334, set out as a note under section 9051 of this title. Amendment by Pub. L. 115–123 applicable beginning with the 2018 calendar year, see section 60101(b)(5) of Pub. L. 115–123, set out as a note under section 9051 of this title.

14. 2018

    Agriculture Improvement Act of 2018

    Pub. L. 115–334 § 1401(d)(1) · 132 Stat. 4490

    Redesignated · 7 U.S.C. § 9054(b)(5)

    Pub. L. 115–334, § 1401(d)(1), redesignated par. (4) as (5)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 115–334, § 1401(d)(1), redesignated par. (4) as (5).

    Enacted provision · exact public law section
    (1) by redesignating paragraph (4) as paragraph (5); and

    Effective date note
    Amendment by Pub. L. 115–334 effective on Jan. 1, 2019, see section 1401(m) of Pub. L. 115–334, set out as a note under section 9051 of this title. Amendment by Pub. L. 115–123 applicable beginning with the 2018 calendar year, see section 60101(b)(5) of Pub. L. 115–123, set out as a note under section 9051 of this title.

15. 2018

    Agriculture Improvement Act of 2018

    Pub. L. 115–334 § 1401(k)(5)(C) · 132 Stat. 4490

    Substituted · 7 U.S.C. § 9054(c)(1); 7 U.S.C. § 9054(c)(3)

    Pub. L. 115–334, § 1401(k)(5)(C), substituted “dairy margin coverage” for “the margin protection program” wherever appearing

    Source evidence

    Code amendment note
    Subsec. (c)(1), (3). Pub. L. 115–334, § 1401(k)(5)(C), substituted “dairy margin coverage” for “the margin protection program” wherever appearing.

    Enacted provision · exact public law section
    (C) in subsections (b) and (c), by striking “the margin protection program” each place it appears and inserting “dairy margin coverage”.

    Effective date note
    Amendment by Pub. L. 115–334 effective on Jan. 1, 2019, see section 1401(m) of Pub. L. 115–334, set out as a note under section 9051 of this title. Amendment by Pub. L. 115–123 applicable beginning with the 2018 calendar year, see section 60101(b)(5) of Pub. L. 115–123, set out as a note under section 9051 of this title.

16. 2018

    Agriculture Improvement Act of 2018

    Pub. L. 115–334 § 1401(e)(1) · 132 Stat. 4490

    Struck · 7 U.S.C. § 9054(d)

    Pub. L. 115–334, § 1401(e)(1), struck out subsec. (d). Text read as follows: “A dairy operation may participate in the margin protection program or the livestock gross margin for dairy program under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.), but not both.”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 115–334, § 1401(e)(1), struck out subsec. (d). Text read as follows: “A dairy operation may participate in the margin protection program or the livestock gross margin for dairy program under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.), but not both.”

    Enacted provision · exact public law section
    (1) In general.— Section 1404 of the Agricultural Act of 2014 (7 U.S.C. 9054) is amended by striking subsection (d).

    Effective date note
    Amendment by Pub. L. 115–334 effective on Jan. 1, 2019, see section 1401(m) of Pub. L. 115–334, set out as a note under section 9051 of this title. Amendment by Pub. L. 115–123 applicable beginning with the 2018 calendar year, see section 60101(b)(5) of Pub. L. 115–123, set out as a note under section 9051 of this title.

19 of 19 references resolved to an enrolled provision