[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: 7CFR1430.205] [Page 527-528] TITLE 7--AGRICULTURE CHAPTER XIV--COMMODITY CREDIT CORPORATION, DEPARTMENT OF AGRICULTURE PART 1430_DAIRY PRODUCTS--Table of Contents Subpart B_Milk Income Loss Contract Program Sec. 1430.205 Selection of starting month. (a) A dairy operation that enters into a MILC with CCC must designate the starting production month that it desires CCC to begin making payments to them. The starting production month must be selected on or before the 15th of the month before the month for which payment is sought during fiscal year 2002 through fiscal year 2005. The starting production month must be selected on or before the 14th of the month before the month for which payment is sought during fiscal year 2006 and fiscal year 2007. If such date falls on a weekend, the dairy operation production start month selection must be made on the last business day preceding the weekend. A dairy operation cannot select a month for payment which: (1) Has already begun, except as provided in paragraph (c)(1) of this section; (2) Has already passed; or (3) During which no milk production was produced by the dairy operation. (b) During fiscal year 2006 only, during April 13, 2006 to May 17, 2006, a dairy operation can select from: (1) Any month beginning October 2005 through May 2006, in which there was a payment rate in effect; or (2) Any month beginning June 2006 through September 2006, for which the payment rate is not known and in accordance with paragraph (a) of this section. (c) Dairy operations that submit a MILC after the CCC-designated signup period for fiscal year 2006 set forth in paragraph (b) of this section, but before September 30, 2007, can select the MILC production start month from: (1) The month the MILC is submitted to CCC by the dairy operation or the next consecutive month with a payment rate in effect following the month the MILC is submitted to CCC by the dairy operation, if no payment rate is in effect in the month the MILC is submitted; (2) The months remaining in the fiscal year in which the MILC is submitted for which the payment rate is not known in accordance with paragraph (a) of this section. (d) Dairy operations may change the production starting month on or before: (1) The 15th day of the month previously selected during fiscal years 2002 through 2005; (2) The 14th day of the month previously selected during fiscal years 2006 and 2007. (e) If a change of the production starting month is not made by the dates required by paragraph (d) of this section, the MILC production starting month cannot be changed until the next fiscal year. If the selected MILC production starting month is never modified, it will remain the same throughout the duration of the contract. (f) MILC payments will be made consecutively to the dairy operation on a monthly basis after the production starting month has been designated until the earlier of the following: (1) Payment quantity is reached in accordance with Sec. 1430.207; or (2) The end of the applicable fiscal year. (g)(1) During fiscal years 2002 through 2005, dairy operations that did not designate the month to begin receiving [[Page 528]] payments from CCC were issued consecutive payments on a monthly basis on marketed milk production beginning in the first month of the fiscal year with a payment rate in effect, unless FSA was notified that a month would be designated at a later date. During fiscal years 2006 and 2007, dairy operations must designate a MILC production start month to begin receiving payments from CCC. MILC production start month selections made during the signup period designated by CCC may be made as provided in paragraph (b)(1) of this section, otherwise MILC production start month selections must be made in accordance with paragraph (c) of this section. (2) Dairy operations with MILC production start months that begin with the month a MILC is submitted to FSA or that begin with the first month of the fiscal year with an effective payment rate will receive payments made by CCC consecutively on a monthly basis until the earlier of the following: (i) The maximum payment quantity is reached as determined in accordance with Sec. 1430.207; or (ii) The end of the applicable fiscal year. (h) All producers involved in the dairy operation must agree to the month designated. The dairy operation assumes the risk of not reaching the maximum payment quantity based on the month selected by the dairy operation. Payments will not be issued for past months for the sole purpose of reaching the maximum payment quantity. [71 FR 19622, Apr. 17, 2006]