[Code of Federal Regulations]
[Title 7, Volume 10]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR1400.201]

[Page 331-332]
 
                          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. 1400.201  General provisions for determining whether an individual or 


entity is actively engaged in farming.

    (a) To be considered a person who is eligible to receive payments 
with respect to a particular farming operation, a person must be an 
individual or entity actively engaged in farming with respect to such 
operation.
    (b) Actively engaged in farming means, except as otherwise provided 
in this part, that the individual or entity,

[[Page 332]]

independently makes a significant contribution to a farming operation, 
of:
    (1) Capital, equipment, or land, or a combination of capital, 
equipment, or land; and
    (2) Active personal labor or active personal management, or a 
combination of active personal labor and active personal management.
    (c) In determining if the individual or entity is actively 
contributing a significant amount of active personal labor or active 
personal management the following factors shall be taken into 
consideration:
    (1) The types of crops and livestock produced by the farming 
operation;
    (2) The normal and customary farming practices of the area; and
    (3) The total amount of labor and management necessary for such a 
farming operation in the area.
    (d) In order to be considered to be actively engaged in farming an 
individual or entity specified in Sec. Sec. 1400.202 through 1400.210 
must have:
    (1) A share of the profits or losses from the farming operation 
commensurate with the individual's or entity's contribution to the 
operation; and
    (2) Contributions to the farming operation that are at risk.