1430.213 Reconstitutions.§ 1430.213 Reconstitutions.
(a) A dairy operation receiving MILC benefits may reorganize or restructure such that the constitution or makeup of its operation is reconstituted in another organizational framework. However, any operation that reorganizes or restructures after October 1, 2007, is subject to a review by FSA to determine if the operation was reorganized or restructured for the sole purpose of receiving multiple or additional MILC payments.
(b) A dairy operation that FSA determines has reorganized solely to receive additional MILC payments will be in violation of its contract and dealt in accordance with § 1430.214.
(c) If during the contract period a change in the dairy operation occurs, the modification to the MILC will not take effect until the first day of the fiscal year following the month FSA received notification of the changes. Changes include but are not limited to any producer affiliated with a dairy operation that has an approved MILC with CCC forming a new dairy operation that is not formed solely to receive additional MILC payments.
(d) Changes resulting in the following will take effect immediately upon notification to CCC, in accordance with § 1430.212:
(1) Increases or reductions of shareholders or producers and their corresponding share amounts in the dairy operation; or
(2) Purchases of a new dairy operation by a producer or producers not affiliated with an existing dairy operation that has an approved MILC with CCC.[67 FR 64476, Oct. 18, 2002, as amended at 73 FR 73768, Dec. 4, 2008]