[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: 7CFR1430.302]

[Page 533-534]
 
                          TITLE 7--AGRICULTURE
 
  CHAPTER XIV--COMMODITY CREDIT CORPORATION, DEPARTMENT OF AGRICULTURE
 
PART 1430_DAIRY PRODUCTS--Table of Contents
 
        Subpart C_2004 Dairy Disaster Assistance Payment Program
 
Sec.  1430.302  Definitions.

    The definitions set forth in this section shall be applicable for 
all purposes of administering the 2004 Dairy Disaster Assistance Payment 
Program established by this subpart.
    Application means the 2004 Dairy Disaster Assistance Payment Program 
Application.
    Application period means the time period established by the Deputy 
Administrator for producers to apply for program benefits.
    CCC means the Commodity Credit Corporation of the Department.
    County committee means the FSA county committee.
    County office means the FSA office responsible for administering FSA 
programs for farms located in a specific area in a state.
    Dairy operation means any person or group of persons who, as a 
single unit, as determined by CCC, produces and markets milk 
commercially from cows and whose production facilities are located in 
the United States.
    Department or USDA means the United States Department of 
Agriculture.
    Deputy Administrator means the Deputy Administrator for Farm 
Programs (DAFP), FSA, or a designee.
    Disaster county means a county declared a disaster by the President 
of the United States due to a hurricane in 2004, and is only the county 
so declared, not a contiguous county.
    Farm Service Agency or FSA means the Farm Service Agency of the 
Department.
    Hundredweight or cwt. means 100 pounds.
    Milk handler or cooperative means the marketing agency to, or 
through which, the producer commercially markets whole milk.
    Milk marketings means a marketing of milk for which there is a 
verifiable sales or delivery record of milk marketed for commercial use. 
In counting milk toward production amounts, dumped milk will not be 
considered as marketed for commercial use. Such dumped milk shall be 
counted toward production but will be accounted for separately from milk 
that is marketed for normal commercial use as determined by the Deputy 
Administrator. All production in the months for which loss coverage is 
available will be counted in making determinations under this part, as 
determined by the Deputy Administrator, with care to avoid double 
counting, and with care to avoid a calculated loss that overstates the 
actual losses.
    Payment pounds means the pounds of milk production from a dairy 
operation for which the dairy producer is eligible to be paid under this 
subpart.
    Producer means any individual, group of individuals, partnership, 
corporation, estate, trust association, cooperative, or other business 
enterprise or other legal entity who is, or whose members are, a citizen 
of, or legal resident alien in the United States, and who directly or 
indirectly, as determined by the Secretary, shares in the risk of 
producing milk, and makes contributions (including land, labor, 
management, equipment, or capital) to the dairy farming operation of the 
individual or entity of the proceeds of this operation.
    Starting base production means actual commercial production marketed 
by the dairy operation during the month

[[Page 534]]

of July 2004, or alternative period established by the Deputy 
Administrator.
    Verifiable production records means evidence that is used to 
substantiate the amount of production marketed, including any dumped 
production, and that can be verified by CCC through an independent 
source.