[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: 7CFR1400.210]

[Page 335-336]
 
                          TITLE 7--AGRICULTURE
 
  CHAPTER XIV--COMMODITY CREDIT CORPORATION, DEPARTMENT OF AGRICULTURE
 
PART 1400_PAYMENT LIMITATION AND PAYMENT ELIGIBILITY--Table of Contents
 
          Subpart C_Actively Engaged in Farming Determinations
 
Sec.  1400.210  Deceased and incapacitated individuals.

    The determining authority shall take into consideration the 
circumstances involving individuals who have died or become 
incapacitated during the program year or fiscal year, as applicable. If 
the individual dies or is incapacitated before a determination is made 
that the individual is ``actively engaged in farming,'' the 
representative of the deceased individual's estate or the incapacitated 
individual, or other person if necessary, must provide the determining 
authority information to verify that such individual did make a 
conscious effort to and would have been determined to be actively 
engaged in farming if not for the individual's death or incapacitation. 
If the individual dies or is incapacitated after being determined to be 
``actively engaged in farming,'' the determining authority shall allow 
such determination to be in effect for that program year or fiscal year, 
as applicable. However, the following year such individual or the

[[Page 336]]

individual's estate must meet all necessary requirements in order to be 
determined to be ``actively engaged in farming'' for that year.