Code of Federal Regulations (Last Updated: October 10, 2024) |
Title 7 - Agriculture |
Subtitle B - Regulations of the Department of Agriculture |
Chapter VII - Farm Service Agency, Department of Agriculture |
SubChapter D - Special Programs |
Part 760 - Indemnity Payment Programs |
Subpart A - Dairy Indemnity Payment Program |
Payments to Dairy Farmers for Milk |
§ 760.7 - Conditions required for milk or cow indemnity.
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§ 760.7 Other requirements for affected farmers.Conditions required for milk or cow indemnity.
only(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
followingunder the
:conditions
(ain this section.
contaminating(b) If the pesticide, chemical, or toxic substance,
he establishedin the contaminated milk was used by the affected farmer,
followingthe affected farmer must establish that each of the
contamination of hisconditions 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
hiscontaminated milk was not the result of
contamination of histhe 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
hiscontaminated milk was not otherwise
the affected farmer's fault.
b(
pesticide, chemical, or toxic substance contaminating thec) If the
he establishesviolating substance in the contaminated milk was not used by the affected farmer,
followingthe affected farmer must establish that each of the
Heconditions in this section are met:
(1)
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.The affected farmer did not know or have reason to believe that any
which hepurchased feed contained a violating substance;
(2) None of the milk was produced by dairy cattle
hethat the affected farmer knew, or had reason to know at the time
them, were contaminated with residues of pesticides, chemicals or toxic substances, or by nuclear radiation or fallout.they were acquired
contamination of his, had elevated levels of a violating substance; and
(3) The
hiscontaminated milk was not otherwise
the affected farmer's fault.
c(
for eliminating residues of pesticides, chemicals, or toxic substances or contamination from nuclear radiation or fallout from hisd) The affected farmer has adopted recommended practices
initial contaminationand taken action to eliminate or reduce chemical residues of violating substances from the milk as soon as practicable following the initial discovery of the
contaminated milk.
[43 86 FR 1053570703, MarDec. 14, 1978, as amended at 47 FR 24689, June 8, 198213, 2021]