1400.209—Sharecroppers.
(a)
Notwithstanding the provisions of §§ 1400.201 through 1400.206 of this part, with respect to a person who is a sharecropper, such person will be considered to be actively engaged in farming if the sharecropper meets the provisions of paragraph (b) of this section.
(2)
Have a share of the profits or losses from the farming operation commensurate with such person's contribution to the operation; and
(3)
Make a contribution to the farming operation that is at risk for a loss, with the level of risk being commensurate with such person's claimed share of the farming operation.