[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: 7CFR1412.304]

[Page 394-395]
 
                          TITLE 7--AGRICULTURE
 
  CHAPTER XIV--COMMODITY CREDIT CORPORATION, DEPARTMENT OF AGRICULTURE
 
PART 1412_DIRECT AND COUNTER-CYCLICAL PROGRAM AND PEANUT QUOTA BUYOUT 
 
   Subpart C_Establishment of Yields for Direct and Counter-Cyclical 
                                Payments
 
Sec.  1412.304  Submitting production evidence.

    (a)(1) Reports of production evidence must be submitted by producers 
when the owner elects to:
    (i) Partially update the yield for all covered commodities on the 
farm in accordance with Sec.  1412.303; or
    (ii) Establish a direct payment yield for soybeans or other oilseeds 
for the farm in accordance with Sec.  1412.302.
    (2) Producer or third-party certification shall not be accepted as 
proof of production evidence.
    (3) Reports of production evidence for all covered commodities shall 
be provided to the county committee of the county where the farm is 
administratively located, by farm and crop in such manner as required by 
CCC on a CCC-approved standard, uniform form designated by CCC.
    (b)(1) When disposition of production has been through commercial 
channels, CCC may require the producer to furnish documentary evidence 
in order to verify the information provided on the report of production. 
Acceptable evidence may include, but is not limited to, such items as:
    (i) Production approved by the county committee for Loan Deficiency 
Payments;
    (ii) Commercial receipts;
    (iii) Gin records;
    (iv) Settlement sheets;
    (v) Warehouse ledger sheets;
    (vi) Elevator receipts or load summaries, supported by other 
evidence showing disposition, such as sales documents;

[[Page 395]]

    (vii) Evidence from harvested or appraised acreage, approved for 
FCIC or multi-peril crop insurance loss adjustment settlement; or
    (viii) Other production evidence determined acceptable by the Deputy 
Administrator.
    (2) Such production evidence must show:
    (i) The producer's name,
    (ii) The commodity,
    (iii) The buyer or name of storage facility,
    (iv) The Date of transaction or delivery, and
    (v) The quantity.
    (c) When production of a covered commodity has been disposed of 
through non-commercial channels, such as used for feed, grazing, or 
silage, if Loan Deficiency Payments are not available, but crop 
insurance records or other FSA records indicate that the use of the crop 
was for silage, hay, or grazing, then county committee will assign 
production for that year based on the actual grain yield of three 
similar farms for the applicable year. If producers cannot meet any of 
these requirements or their crop suffered a low yield, then 75 percent 
of the county average yield as determined in accordance with Sec.  
1412.302(b)(4) will be used.
    (d) CCC may verify the production evidence submitted with records on 
file at the warehouse, gin, or other entity which received or may have 
received the reported production.