[Code of Federal Regulations]
[Title 7, Volume 10]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR1400.109]

[Page 333]
 
                          TITLE 7--AGRICULTURE
 
  CHAPTER XIV--COMMODITY CREDIT CORPORATION, DEPARTMENT OF AGRICULTURE
 
PART 1400_PAYMENT LIMITATION AND PAYMENT ELIGIBILITY--Table of Contents
 
                     Subpart B_Person Determinations
 
Sec.  1400.109  Changes in farming operations.

    Any change in a farming operation that would increase the number of 
persons to which the provisions of this part apply must be bona fide and 
substantive. If bona fide, the following shall be considered to be 
substantive changes in the farming operation:
    (a) The addition of a family member to a farming operation in 
accordance with Sec.  1400.208, except that such an addition will not 
affect the status of any other individual or entity that is added to the 
farming operation;
    (b) With respect to a landowner only, a change from a cash rent to a 
share rent;
    (c) An increase through the acquisition of cropland not previously 
involved in the farming operation of approximately 20 percent or more in 
the total cropland involved in the farming operation, if such cropland 
has planting history of an amount at least normal for the area;
    (d) A change in ownership by sale or gift of a significant amount of 
equipment from an individual or entity who previously has been engaged 
in a farming operation to an individual or entity who has not been 
involved in such operation. The sale or gift of equipment will be 
considered to be bona fide and substantive only if the transferred 
amount of such equipment is commensurate with the new individual's or 
entity's share of the farming operation;
    (e) A change in ownership by sale or gift of a significant amount of 
land from an individual or entity who previously has been engaged in a 
farming operation to an individual or entity who has not been involved 
in such operation. The sale or gift of land will be considered to be 
substantive only if the transferred amount of such land is commensurate 
with the new individual's or entity's share of the farming operation.