1. (a) Production history Except as provided in subsection (b), the production history of a dairy operation for dairy margin coverage is equal to the highest annual milk marketings of the participating dairy operation during any 1 of the 2021, 2022, or 2023 calendar years.

2. (b) Election by new dairy operations In the case of a participating dairy operation that has been in operation for less than a year, the participating dairy operation shall elect 1 of the following methods for the Secretary to determine the production history of the participating dairy operation:

   1. (1) The volume of the actual milk marketings for the months the participating dairy operation has been in operation extrapolated to a yearly amount.
   2. (2) An estimate of the actual milk marketings of the participating dairy operation based on the herd size of the participating dairy operation relative to the national rolling herd average data published by the Secretary.
3. (c) Required information A participating dairy operation shall provide all information that the Secretary may require in order to establish the production history of the participating dairy operation for purposes of participating in dairy margin coverage.
4. (d) Limitation on changes to business structure The Secretary may not make dairy margin coverage payments to a participating dairy operation if the Secretary determines that the participating dairy operation has reorganized the structure of such operation solely for the purpose of qualifying as a new operation under subsection (b).

(Pub. L. 113–79, title I, § 1405, Feb. 7, 2014, 128 Stat. 690; Pub. L. 115–123, div. F, § 60101(b)(3), Feb. 9, 2018, 132 Stat. 311; Pub. L. 115–334, title I, § 1401(f), (k)(6), Dec. 20, 2018, 132 Stat. 4513, 4517; Pub. L. 118–22, div. B, title I, § 102(c)(2)(A), Nov. 17, 2023, 137 Stat. 115; Pub. L. 119–21, title I, § 10313(a)(2), July 4, 2025, 139 Stat. 99.)

Editorial Notes

Amendments

2025—Subsecs. (a), (b). Pub. L. 119–21 added subsecs. (a) and (b) and struck out former subsecs. (a) and (b) which related to production history of dairy operations for dairy margin coverage and election of prescribed methods to determine the production history, respectively.

2023—Subsec. (a)(1). Pub. L. 118–22, § 102(c)(2)(A)(i), inserted “paragraph (4) and” before “subsection (b)”.

Subsec. (a)(4). Pub. L. 118–22, § 102(c)(2)(A)(ii), added par. (4).

2018—Subsec. (a)(1). Pub. L. 115–334, § 1401(k)(6), substituted “dairy margin coverage” for “the margin protection program” in two places.

Subsec. (a)(2). Pub. L. 115–334, § 1401(f)(1)(A)(i), substituted “In the subsequent calendar years ending before January 1, 2019” for “In subsequent years”.

Subsec. (a)(3). Pub. L. 115–334, § 1401(f)(1)(A)(ii), inserted “, as applicable” after “paragraph (2)”.

Pub. L. 115–123 added par. (3).

Subsec. (b). Pub. L. 115–334, § 1401(f)(1)(B), designated existing provisions as par. (1), inserted heading, redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, of par. (1), realigned margins, and added pars. (2) and (3).

Subsec. (c). Pub. L. 115–334, § 1401(k)(6), substituted “dairy margin coverage” for “the margin protection program”.

Subsec. (d). Pub. L. 115–334, § 1401(f)(2), added subsec. (d).

Statutory Notes and Related Subsidiaries

Effective Date of 2023 Amendment

Amendment by Pub. L. 118–22 to be applied and administered as if enacted on Sept. 30, 2023, see section 102(g) of Pub. L. 118–22, set out in an Extension of Agricultural Programs note under section 9001 of this title.

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–334 effective on Jan. 1, 2019, see section 1401(m) of Pub. L. 115–334, set out as a note under section 9051 of this title.

Amendment by Pub. L. 115–123 applicable beginning with the 2018 calendar year, see section 60101(b)(5) of Pub. L. 115–123, set out as a note under section 9051 of this title.