C.F.R. » Title 7 » PART 9—PANDEMIC ASSISTANCE PROGRAMS › Subpart A—CFAP General Provisions

7 C.F.R. § 9.1

Applicability and administration

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(a) Subparts A through C of this part specify the eligibility requirements and payment calculations for the Coronavirus Food Assistance Program (CFAP). CFAP will provide payments with respect to commodities that have been significantly impacted by the effects of the COVID-19 outbreak. CFAP is being implemented through two rounds of payments, with the first round (CFAP 1) determined as specified in subpart B of this part, and the second round (CFAP 2) determined as specified in subpart C of this part. To be eligible for CFAP payments, participants must comply with all provisions under this subpart and the relevant particular subpart for CFAP 1 or CFAP 2. Payments will be made with respect to only commodities produced in the United States; commodities other than livestock that are imported into the United States may not be used to determine any CFAP payment. For livestock, “produced in the United States” means physically located in the United States:

(1) For assistance under subpart B of this part:

(i) On January 15, 2020, and remaining in the United States until sold, for livestock sold between January 15, 2020, and April 15, 2020; or

(ii) On the applicable date selected for livestock in inventory between April 16, 2020, and May 14, 2020; and

(2) For assistance under subpart C of this part, on the applicable date selected for livestock in inventory between April 16, 2020, and August 31, 2020.

(b) The program is administered under the general supervision and direction of the Administrator, Farm Service Agency (FSA) with the assistance of the Agricultural Marketing Service (AMS).

(c) The FSA State committee will take any action required by subparts A through C of this part that an FSA county committee has not taken. The FSA State committee will also:

(1) Correct, or require an FSA county committee to correct, any action taken by such county FSA committee that is not in accordance with the regulations of subparts A through C of this part; or

(2) Require an FSA county committee to withhold taking any action that is not in accordance with subparts A through C of this part.

(d) No provision or delegation to an FSA State or county committee will preclude the FSA Administrator, the Deputy Administrator, or a designee or other such person, from determining any question arising under the CFAP, or from reversing or modifying any determination made by an FSA State or county committee.

[85 FR 30830, May 21, 2020, as amended at 85 FR 59174, Sept. 21, 2020; 85 FR 59384, Sept. 22, 2020; 86 FR 4881, Jan. 19, 2021; 88 FR 1876, Jan. 11, 2023]
Notes of Decisions
Cited in 3 cases (3 in the last 5 years), 2023–2026 · leading case: Price Kane, LLC v. United States Dep't of Agric. (E.D. Wash. 2023).
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Price Kane, LLC v. United States Dep't of Agric. (E.D. Wash. 2023). · cites it 2× “7 C.F.R. § 9.1 (b). USDA determined that CARES funding could only 12 be used to compensate for income loss, while CCC funding was to be used for 13 removal or disposal of surplus commodities.”
Daniels Ranch, LLC v. Farm Serv. Agency of United States Dep't of Agric. (E.D. Wash. 2023). · cites it 2× “7 C.F.R. § 9.1 (b). USDA determined that CARES funding could only 6 be used to compensate for income loss, while CCC funding was to be used for 7 removal or disposal of surplus commodities.”
Chinn, Thrasher, & Thrasher Farm P'ship v. United States Dep't of Agric. (E.D. Mo. 2026). · cites it 2× “7 C.F.R. § 9.1 (a). 2 that CT&T would be ineligible for benefits if it was no longer engaged in farming for the commodity for which it was applying.”
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