§ 9055. Production history of participating dairy operations

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 § 1405 · 128 Stat. 649

   Enacted · 7 U.S.C. § 9055

   Pub. L. 113–79, title I, § 1405, Feb. 7, 2014, 128 Stat. 690

   Source evidence

   Code source credit
   Pub. L. 113–79, title I, § 1405, Feb. 7, 2014, 128 Stat. 690

   Enacted provision · exact public law section
   SEC. 1405. PRODUCTION HISTORY OF PARTICIPATING DAIRY OPERATIONS. (a) Production History.— (1) In general.— Except as provided in subsection (b), when a dairy operation first registers to participate in the margin protection program, the production history of the dairy operation for the margin protection program is equal to the highest annual milk marketings of the participating dairy operation during any one of the 2011, 2012, or 2013 calendar years. (2) Adjustment.— In subsequent years, the Secretary shall adjust the production history of a participating dairy operation determined under paragraph (1) to reflect any increase in the national average milk production. (b) Election by New Dairy Operations.— In the case of a participating dairy operation that has been in operation for less than a year, the participating dairy operation shall elect 1 of the following methods for the Secretary to determine the production history of the participating dairy operation: (1) The volume of the actual milk marketings for the months the participating dairy operation has been in operation extrapolated to a yearly amount. (2) An estimate of the actual milk marketings of the participating dairy operation based on the herd size of the participating dairy operation relative to the national rolling herd average data published by the Secretary. (c) Required Information.— A participating dairy operation shall provide all information that the Secretary may require in order to establish the production history of the participating dairy operation for purposes of participating in the margin protection program.

2. 2018

   Improvements to Agriculture Programs Act of 2018

   Pub. L. 115–123 div. F § 60101(b)(3) · 132 Stat. 64

   Added · 7 U.S.C. § 9055(a)(3)

   Pub. L. 115–123 added par. (3)

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 115–123 added par. (3).

   Enacted provision · exact public law section
   (3) Production history of participating dairy operations.— Section 1405(a) of the Agricultural Act of 2014 (7 U.S.C. 9055(a)) is amended by adding at the end the following: “(3) Continued applicability of base production history.— A production history established for a dairy operation under paragraph (1) shall be the base production history for the dairy operation in subsequent years (as adjusted under paragraph (2)).” .

3. 2018

   Agriculture Improvement Act of 2018

   Pub. L. 115–334 § 1401(k)(6) · 132 Stat. 4490

   Substituted · 7 U.S.C. § 9055(a)(1)

   Pub. L. 115–334, § 1401(k)(6), substituted “dairy margin coverage” for “the margin protection program” in two places

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 115–334, § 1401(k)(6), substituted “dairy margin coverage” for “the margin protection program” in two places.

   Enacted provision · exact public law section
   (6) Production history.— Section 1405 of the Agricultural Act of 2014 (7 U.S.C. 9055) is amended in subsections (a)(1) and (c) by striking “the margin protection program” each place it appears and inserting “dairy margin coverage”.

4. 2018

   Agriculture Improvement Act of 2018

   Pub. L. 115–334 § 1401(f)(1)(A)(i) · 132 Stat. 4490

   Substituted · 7 U.S.C. § 9055(a)(2)

   Pub. L. 115–334, § 1401(f)(1)(A)(i), substituted “In the subsequent calendar years ending before January 1, 2019” for “In subsequent years”

   Source evidence

   Code amendment note
   Subsec. (a)(2). Pub. L. 115–334, § 1401(f)(1)(A)(i), substituted “In the subsequent calendar years ending before January 1, 2019” for “In subsequent years”.

   Enacted provision · exact public law section
   (i) in paragraph (2), by striking “In subsequent years” and inserting “In the subsequent calendar years ending before January 1, 2019”; and

5. 2018

   Agriculture Improvement Act of 2018

   Pub. L. 115–334 § 1401(f)(1)(A)(ii) · 132 Stat. 4490

   Inserted · 7 U.S.C. § 9055(a)(3)

   Pub. L. 115–334, § 1401(f)(1)(A)(ii), inserted “, as applicable” after “paragraph (2)”

   Source evidence

   Code amendment note
   Subsec. (a)(3). Pub. L. 115–334, § 1401(f)(1)(A)(ii), inserted “, as applicable” after “paragraph (2)”.

   Enacted provision · exact public law section
   (ii) in paragraph (3), by inserting “, as applicable” after “paragraph (2)”; and

6. 2018

   Agriculture Improvement Act of 2018

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

   1. Amended · 7 U.S.C. § 9055(b)

      Pub. L. 115–334, § 1401(f)(1)(B), designated existing provisions as par. (1)

   2. Inserted · 7 U.S.C. § 9055(b)

      Pub. L. 115–334, § 1401(f)(1)(B), inserted heading

   3. Redesignated · 7 U.S.C. § 9055(b)

      Pub. L. 115–334, § 1401(f)(1)(B), redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, of par. (1), realigned margins

   4. Added · 7 U.S.C. § 9055(b)

      Pub. L. 115–334, § 1401(f)(1)(B), added pars. (2) and (3)

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 115–334, § 1401(f)(1)(B), designated existing provisions as par. (1), inserted heading, redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, of par. (1), realigned margins, and added pars. (2) and (3).

   Enacted provision · exact public law section
   (B) in subsection (b)— (i) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and indenting appropriately; (ii) in the matter preceding subparagraph (A) (as so redesignated), by striking “In the case” and inserting the following: “(1) Dairy operations with less than 1 year of production history.— In the case” ; and (iii) by adding at the end the following: “(2) Dairy operations with 1 year or more of production history.— In the case of a participating dairy operation that was not in operation prior to January 1, 2014, that has not established a production history, and that has been in operation for equal to or longer than 1 year, the participating dairy operation shall elect the annual milk marketings during any 1 calendar year to determine the production history of the participating dairy operation. “(3) Adjustment.— The Secretary shall adjust the production history of a participating dairy operation determined under paragraph (1) or (2) to reflect any increase or decrease in the national average milk production relative to calendar year 2017.” .

7. 2018

   Agriculture Improvement Act of 2018

   Pub. L. 115–334 § 1401(k)(6) · 132 Stat. 4490

   Substituted · 7 U.S.C. § 9055(c)

   Pub. L. 115–334, § 1401(k)(6), substituted “dairy margin coverage” for “the margin protection program”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 115–334, § 1401(k)(6), substituted “dairy margin coverage” for “the margin protection program”.

   Enacted provision · exact public law section
   (6) Production history.— Section 1405 of the Agricultural Act of 2014 (7 U.S.C. 9055) is amended in subsections (a)(1) and (c) by striking “the margin protection program” each place it appears and inserting “dairy margin coverage”.

8. 2018

   Agriculture Improvement Act of 2018

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

   Added · 7 U.S.C. § 9055(d)

   Pub. L. 115–334, § 1401(f)(2), added subsec. (d)

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 115–334, § 1401(f)(2), added subsec. (d).

   Enacted provision · exact public law section
   (2) Limitation on changes to business structure.— Section 1405 of the Agricultural Act of 2014 (7 U.S.C. 9055) is amended by adding at the end the following new subsection: “(d) Limitation on Changes to Business Structure.— The Secretary may not make dairy margin coverage payments to a participating dairy operation if the Secretary determines that the participating dairy operation has reorganized the structure of such operation solely for the purpose of qualifying as a new operation under subsection (b).” .

9. 2023

   Further Continuing Appropriations and Other Extensions Act, 2024

   Pub. L. 118–22 § 102(c)(2)(A)(i) · 137 Stat. 112

   Inserted · 7 U.S.C. § 9055(a)(1)

   Pub. L. 118–22, § 102(c)(2)(A)(i), inserted “paragraph (4) and” before “subsection (b)”

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 118–22, § 102(c)(2)(A)(i), inserted “paragraph (4) and” before “subsection (b)”.

   Enacted provision · exact public law section
   (i) in paragraph (1), by inserting “paragraph (4) and” before “subsection (b)”; and

   Effective date note
   Amendment by Pub. L. 118–22 to be applied and administered as if enacted on Sept. 30, 2023, see section 102(g) of Pub. L. 118–22, set out in an Extension of Agricultural Programs note under section 9001 of this title.

10. 2023

    Further Continuing Appropriations and Other Extensions Act, 2024

    Pub. L. 118–22 § 102(c)(2)(A)(ii) · 137 Stat. 112

    Added · 7 U.S.C. § 9055(a)(4)

    Pub. L. 118–22, § 102(c)(2)(A)(ii), added par. (4)

    Source evidence

    Code amendment note
    Subsec. (a)(4). Pub. L. 118–22, § 102(c)(2)(A)(ii), added par. (4).

    Enacted provision · exact public law section
    (ii) by adding at the end the following: “(4) Base production history adjustment for participating dairy operations with production of less than 5,000,000 pounds.— “(A) In general.— If the amount determined under paragraph (1) is less than 5,000,000 pounds, the production history of the dairy operation for dairy margin coverage shall be equal to— “(i) the amount determined under paragraph (1); plus “(ii) 75 percent of the amount described in subparagraph (B). “(B) Amount.— The amount referred to in subparagraph (A)(ii) is, with respect to a dairy operation, the amount equal to— “(i) the production volume of such dairy operation for the 2019 milk marketing year; minus “(ii) the amount determined under paragraph (1).” .

    Effective date note
    Amendment by Pub. L. 118–22 to be applied and administered as if enacted on Sept. 30, 2023, see section 102(g) of Pub. L. 118–22, set out in an Extension of Agricultural Programs note under section 9001 of this title.

11. 2025

    Pub. L. 119–21 title I § 10313(a)(2) · 139 Stat. 99

    1. Added · 7 U.S.C. § 9055(a); 7 U.S.C. § 9055(b)

       Pub. L. 119–21 added subsecs. (a) and (b)

    2. Struck · 7 U.S.C. § 9055(a); 7 U.S.C. § 9055(b)

       Pub. L. 119–21 struck out former subsecs. (a) and (b) which related to production history of dairy operations for dairy margin coverage and election of prescribed methods to determine the production history, respectively

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

    Source evidence

    Code amendment note
    Subsecs. (a), (b). Pub. L. 119–21 added subsecs. (a) and (b) and struck out former subsecs. (a) and (b) which related to production history of dairy operations for dairy margin coverage and election of prescribed methods to determine the production history, respectively.

13 of 15 references resolved to an enrolled provision · 2 unresolved