1435.102 Eligibility requirements.§ 1435.102 Eligibility requirements.
(a) An eligible producer is the owner of a portion or all of the domestically-grown sugar beets or sugarcane, including share rent landowners, at both the time of harvest and the time of delivery to the processor, except those producers determined to be ineligible as a result of the regulations governing highly erodible land and wetland conservation found at 7 CFR part 12, regulations governing crop insurance at 7 CFR part 400, or regulations governing controlled substance violations at 7 CFR part 718.
(b) In addition to all other provisions of this part, a sugar beet or sugarcane processor is eligible for loans only if the processor has agreed to all the terms and conditions in the loan application, and has executed a note and security agreement, and storage agreement with CCC. No loan proceeds will be distributed by CCC before CCC's approval of the note and security agreement and the CCC storage agreement.
(c) Sugar pledged as collateral during the crop year:
(1) May not exceed the quantity derived from processing domestically-grown sugar beets or sugarcane from eligible producers during the applicable crop year;
(2) Must be processed and owned by the eligible processor and stored in a CCC-approved warehouse;
(3) May not have been processed from imported sugarcane, sugar beets in-process sugars, or molasses;
(4) Must have been processed in the United States; and
(5) Must have processor certification in the loan application that the sugar or in-process sugar syrups are eligible and available to be pledged as collateral.
(d) Sugar and in-process sugar must meet the following minimum quality requirements to be eligible to be pledged as loan collateral:
(1) Refined beet sugar to be pledged as loan collateral must be:
(i) Dry and free flowing;
(ii) Free of excessive sediment; and
(iii) Free of any objectionable color, flavor, odor, or other characteristic that would impair its merchantability or that would impair or prevent its use for normal commercial purposes.
(2) Raw cane sugar to be pledged as loan collateral must be:
(i) Of reasonable grain size; and
(ii) Free of objectionable color, flavor, odor, moisture or other characteristic that would impair its merchantability or that would impair or prevent its use for normal refining and commercial purposes.
(3) Edible sugarcane syrup or edible molasses must be free from any objectionable color, flavor, odor, or other characteristic that would impair the merchantability of such syrup or molasses or would impair or prevent the use of such syrup or molasses for normal commercial purposes.
(4) In-process sugar must be of at least the minimum quality expected to commercially yield raw cane sugar or refined beet sugar, as determined by CCC.
(e) The loan collateral must be stored in a CCC-approved warehouse as described in 7 CFR part 1423.[67 FR 54928, Aug. 26, 2002, as amended at 74 FR 15364, Apr. 6, 2009]