CFR > Title 7 - Agriculture > SUBTITLE B—Regulations of the Department of Agriculture > CHAPTER XIV—COMMODITY CREDIT CORPORATION, DEPARTMENT OF AGRICULTURE (parts 1400 to 1499) > SUBCHAPTER B—LOANS, PURCHASES, AND OTHER OPERATIONS (parts 1410 to 1499) > PART 1421—GRAINS AND SIMILARLY HANDLED COMMODITIES—MARKETING ASSISTANCE LOANS AND LOAN DEFICIENCY PAYMENTS FOR 2008 THROUGH 2012 > SUBPART E—Designated Marketing Associations for Peanuts (§1421.400 to §1421.421) > 1421.401—DMA responsibilities.

1421.401—DMA responsibilities.

(a) DMAs are eligible to process the marketing loans and loan deficiency payments provided for in this part only for peanut producers and only if the DMA and the producers and peanuts meet all eligibility criteria set out in this part, including, but not limited to, the DMA eligibility provisions of this subpart. In carrying out those functions, DMAs must:
(1) Prepare and execute the appropriate CCC peanut MAL and LDP application documents;
(2) Determine whether producers and the commodity are eligible for MALs and LDPs, including whether the otherwise eligible peanuts are free and clear of all liens which DMAs shall determine by performing lien searches at DMAs expense;
(3) Instruct the holder of EWRs, if applicable, to notify the EWR provider to amend the EWR to show CCC is the holder;
(4) Receive MAL and LDP documents from a DMA Service County Office;
(5) Disburse peanut MALs and LDP proceeds to eligible producers;
(6) Prepare and execute documents for MAL repayments;
(7) Collect loan repayments from producers or buyers and transmitting these funds to CCC;
(8) Transmit documents to render forfeited collateral to CCC; and
(9) Collect data for reporting to CCC as required by CCC;
(b) As part of performing the responsibilities in paragraph (a) of this section, DMAs shall:
(1) Become knowledgeable of and follow the procedures in CCC and FSA peanut program regulations, applicable notices published in the Federal Register, applicable FSA peanut program handbooks and amendments thereto, and any applicable notices or instructions issued by FSA and the Agricultural Marketing Service.
(2) Make and service CCC peanut MALs and LDPs, only upon the presenting by producers or their agents of the warehouse receipts, unless otherwise directed by CCC.
(3) Attend, at the DMAs expense, DMA peanut MAL, and LDP program training offered by CCC.
(4) Provide sufficient personnel, computer hardware, computer communications systems, and software, as determined necessary by CCC, to administer the peanut MAL and LDP program.

Code of Federal Regulations

[70 FR 33799, June 10, 2005. Redesignated and amended at 74 FR 15656, Apr. 7, 2009]