[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: 7CFR1416.402]

[Page 441-442]
 
                          TITLE 7--AGRICULTURE
 
  CHAPTER XIV--COMMODITY CREDIT CORPORATION, DEPARTMENT OF AGRICULTURE
 
PART 1416_2006 EMERGENCY AGRICULTURAL DISASTER ASSISTANCE PROGRAMS--Table of 
 
             Subpart E_Fruit and Vegetable Disaster Program
 
Sec. 1416.402  Eligible fruit and vegetable producers.

    (a) Producers of fruits and vegetables utilizing ``plasticulture'', 
and ``other than plasticulture'' production practices are eligible for 
assistance. Producer must be an owner, operator, landlord, tenant, or 
sharecropper who shares in the risk of producing the crop and is 
entitled to share in the crop available for marketing from the farm or 
would have shared had the crop been produced. Payments will be made on a 
per-acre basis, and are based on tiers and the severity of destruction 
as specified for citrus crops and the type of production practice.
    (b) Producers must have at least a 35 percent loss in production, or 
a 15 percent or more associated crop damage. Producers must also 
document that the necessary materials and procedures were followed to 
produce vegetables using plasticulture or other than plasticulture.
    (c)(1) Fruit and vegetable producers will be reimbursed on a per-
acre basis for eligible acreage. Payment will be based on the severity 
of destruction as determined by the paths of the storms and damage 
estimates developed by CCC. Estimates take into account levels of loss 
generally correlating to the severity of damage caused by maximum 
sustained winds of the applicable hurricanes. The levels of damage that 
will determine payment rates are as follows:

Tier I--75 percent or greater crop and/or yield loss
Tier II--50 to 74 percent crop and/or yield loss
Tier III--35 to 49 percent crop and/or yield loss

[[Page 442]]

Tier IV--15 percent or more crop and/or field damage

    (2) Fruit and vegetable producers who suffered crop production 
losses and associated crop damage, including related cleanup, must 
provide to CCC a certified statement on a CCC approved form of the level 
of destruction, the number of the disaster affected acres, and the 
geographic location of the losses.
    (d) If the actual level of loss is greater than the tier associated 
with the location of the acreage, the applicant may submit documentation 
to CCC to request the acreage be placed in the next lower-numbered tier 
which represents a greater level of loss and a higher payment rate.
    (e) If the actual level of loss is less than the tier associated 
with the location of the acreage, the producer shall certify to the 
lower loss level on the application and a lower payment rate will be 
used by CCC based upon the tier rate associated with the lower loss 
level.