[Code of Federal Regulations]
[Title 7, Volume 7]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR759.5]

[Page 395]
 
                          TITLE 7--AGRICULTURE
 
                            CHAPTER VII--FARM
                SERVICE AGENCY, DEPARTMENT OF AGRICULTURE
 
PART 759--SMALL HOG OPERATION PAYMENT PROGRAM--Table of Contents
 
Sec. 759.5  Eligibility.

    (a) If a hog operation is owned by one or more individuals or 
entities who have an annual gross revenue of $2.5 million or more in 
farming and ranching operations in calendar year 1998, the payment to 
the operation will be reduced by a pro rata share based upon the 
ownership interest of such entity or individual.
    (b) To be eligible to receive cash payments under this part, a hog 
operation must:
    (1) Have sold fewer than 2,500 hogs (produced in the United States) 
during the period of July 1, 1998, through December 31, 1998;
    (2) Have sold hogs on a negotiated cash basis or under a contract 
other than a fixed-price or cost-plus contract during the marketing 
period;
    (3) Be engaged in the business of producing and marketing 
agricultural products at the time of filing the application; and
    (4) Apply for payments during the application period.
    (c) Hogs marketed during the marketing period under fixed-price 
contracts, cost-plus contracts, or under any circumstance not equivalent 
to be eligible for benefits under this part with respect to hogs subject 
to such sales.
    (d) A hog operation must submit a timely application and comply with 
all other terms and conditions of this part and those that are otherwise 
contained in the application to be eligible for benefits under this 
part.

[64 FR 6497, Feb. 10, 1999, as amended at 64 FR 47099, Aug. 30, 1999]