§ 760.7 - Conditions required for milk or cow indemnity.

§ 760.7 Other requirements for affected farmers.Conditions required for milk or cow indemnity.

(a) An indemnity payment for milk or cows (dairy cows including, but not limited to, bred and open heifers) may be made under this subpart to an affected farmer

only

under the

following

conditions

:

(ain this section.

(b) If the pesticide, chemical, or toxic substance,

contaminating

in the contaminated milk was used by the affected farmer,

he established

the affected farmer must establish that each of the

following

conditions in this section are met:

(1) That the pesticide, chemical, or toxic substance, when used, was registered (if applicable) and approved for use as provided in § 760.2(f);

(2) That the

contamination of his

contaminated milk was not the result of

his

the affected farmer's failure to use the pesticide, chemical, or toxic substance, according to the directions and limitations stated on the label; and

(3) That the

contamination of his

contaminated milk was not otherwise

his

the affected farmer's fault.

(

b

c) If the

pesticide, chemical, or toxic substance contaminating the

violating substance in the contaminated milk was not used by the affected farmer,

he establishes

the affected farmer must establish that each of the

following

conditions in this section are met:

(1)

He

The affected farmer did not know or have reason to believe that any

feed which he purchased and which contaminated his milk contained a harmful residue of a pesticide, a chemical, or a toxic substance or was contaminated by nuclear radiation or fallout.

purchased feed contained a violating substance;

(2) None of the milk was produced by dairy cattle

which he

that the affected farmer knew, or had reason to know at the time

he

they were acquired

them, were contaminated with residues of pesticides, chemicals or toxic substances, or by nuclear radiation or fallout.

, had elevated levels of a violating substance; and

(3) The

contamination of his

contaminated milk was not otherwise

his

the affected farmer's fault.

(

c

d) The affected farmer has adopted recommended practices

for eliminating residues of pesticides, chemicals, or toxic substances or contamination from nuclear radiation or fallout from his

and taken action to eliminate or reduce chemical residues of violating substances from the milk as soon as practicable following the initial discovery of the

initial contamination

contaminated milk.

[43 86 FR 1053570703, MarDec. 14, 1978, as amended at 47 FR 24689, June 8, 198213, 2021]