[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: 7CFR1437.7]

[Page 593-594]
 
                          TITLE 7--AGRICULTURE
 
  CHAPTER XIV--COMMODITY CREDIT CORPORATION, DEPARTMENT OF AGRICULTURE
 
PART 1437_NONINSURED CROP DISASTER ASSISTANCE PROGRAM--Table of Contents
 
                      Subpart A_General Provisions
 
Sec.  1437.7  Records.

    (a) Producers must maintain records of crop acreage, acreage yields, 
and production for the crop for which an application for coverage is 
filed in accordance with Sec.  1437.5. For those crops or commodities 
for which it is impractical, as determined by CCC, to maintain crop 
acreage, yields or production, producers must maintain records, in 
addition to the available records required by this section, as may be 
required in subparts C, D and E, of this part. Producers must retain 
records of the production and acreage yield for a minimum of 3 years for 
each crop for which an application for coverage is filed in accordance 
with Sec.  1437.6. Producers may be selected on a random or targeted 
basis and be required to provide records acceptable to CCC to support 
the certification provided. For each harvested crop for which producers 
file an application for payment in accordance with Sec.  1437.10, 
producers must provide documentary evidence acceptable to CCC of 
production and the date harvest was completed, including production of 
crops planted after the planting period or late planting period. Such 
documentary evidence must be provided no later than the acreage 
reporting date for the crop in the subsequent crop year. Records of a 
previous crop year's production for inclusion in the actual production 
history database used to calculate an approved yield for the current 
crop year must be certified by the producer no later than the acreage 
reporting date for the crop in the current crop year. Production data 
provided after the acreage reporting date in the current crop year for 
the crop may be included in the actual production history data base for 
the calculation of subsequent approved yield calculations if accompanied 
by acceptable records of production as determined by CCC. Records of 
production acceptable to CCC may include:
    (1) Commercial receipts, settlement sheets, warehouse ledger sheets, 
or load summaries if the eligible crop was sold or otherwise disposed of 
through commercial channels provided the records are reliable or 
verifiable as determined by CCC; and
    (2) Such documentary evidence such as contemporaneous measurements, 
truck scale tickets, and contemporaneous diaries, as is necessary in 
order to verify the information provided if the eligible crop has been 
fed to livestock, or otherwise disposed of other than through commercial 
channels, provided the records are reliable or verifiable as determined 
by CCC.
    (b) During any crop year that a notice of loss is filed according to 
this part:
    (1) Producers of hand-harvested crops shall, in addition to 
providing acceptable production records according to this part, notify 
the administrative county office that harvest is complete. This 
notification must be made before deterioration or destruction of the 
crop residue and within 15 days after harvest is completed. If an 
appraisal of the crop acreage is determined necessary by CCC, the 
producer shall not destroy the crop residue until the crop acreage is 
released by an FCIC- or CCC-qualified loss adjustor. Producers may, at 
their expense, request that an appraisal by certified FCIC or CCC loss 
adjusters of hand-harvested crop acreage be completed during non-loss 
crop years in order to maintain accurate actual production history.
    (2) Producers shall not allow the gathering (gleaning) of any 
produce left in the field following normal harvest of the crop acreage 
until the crop acreage is released by a qualified CCC or FCIC loss 
adjustor, as determined by CCC. Except, crop acreage may be released by 
an authorized CCC representative for acceptable gleaning operations, as 
determined by CCC, when producers and gleaners agree to provide 
acceptable records, as determined by CCC, of the quantity of the crop 
gleaned.
    (c) Producers must provide verifiable evidence, as determined by 
CCC, of:
    (1) An interest in the commodity produced or control of the crop 
acreage on

[[Page 594]]

which the commodity was grown at the time of disaster; and
    (2) The authority of the applicable individual to execute program 
documents.
    (d) Reports of acreage planted or intended but prevented from being 
planted must be provided to CCC at the administrative FSA office for the 
acreage no later than the date specified by CCC for each crop and 
location. Reports of acreage filed beyond the date specified by CCC for 
the crop and location may, however, be considered timely filed if all 
the provisions of 7 CFR 718.103 are met. In the case of a crop-share 
arrangement, all producers will be bound by the acreage report filed by 
the landowner or operator unless the producer files a separate acreage 
report prior to the date specified by CCC for the crop and location. 
Reports of acreage planted or intended and prevented from being planted 
must include all of the following information:
    (1) Number of acres of the eligible crop in the administrative 
county (for each planting in the event of multiple planting) in which 
the producer has a share;
    (2) Zero acres planted when the producer's crop for which an 
application for coverage was filed, is not planted;
    (3) The producer's share of the eligible crop at the time an 
application for coverage was filed;
    (4) The FSA farm serial number;
    (5) The identity of the crop, practices, intended uses, and for 
forage crops, the predominant species or type and variety of the 
vegetation;
    (6) The identity of all producers sharing in the crop;
    (7) The date the crop was planted or planting was completed, 
including the age of the perennial crops; and
    (8) The acreage intended but prevented from being planted.
    (e) Producers receiving a guaranteed payment for planted acreage, as 
opposed to receiving a payment only upon delivery of the production must 
provide documentation of any written or verbal contract or arrangement 
with the buyer to CCC. Net production, as determined by CCC, may be 
adjusted upward by the amount of production corresponding to the amount 
of the contract payment received.
    (f) Producers must provide documentation of any salvage value 
received by or made available for the quantity of the crop or commodity 
that cannot be marketed or sold in any market, as determined by CCC and 
any value received by or made available for a secondary use of the crop 
or commodity.
    (g) Producers requesting payment under this part must maintain 
records which substantiate gross revenue for the tax year preceding the 
crop year for which coverage is requested.
    (h) Producers requesting a waiver of service fees as a limited 
resource producer must maintain records which substantiate annual gross 
income for the two tax years preceding the crop year for which coverage 
is requested.

[67 FR 12448, Mar. 19, 2002, as amended at 71 FR 13742, Mar. 17, 2006]