U.S. Code > Title 7 > Chapter 36 > Subchapter I > § 1502 - Purpose; definitions; protection of information; relation to other laws
Current as of: February 2010
It is the purpose of this subchapter to promote the national
welfare by improving the economic stability of agriculture through
a sound system of crop insurance and providing the means for the
research and experience helpful in devising and establishing such
As used in this subchapter:
(1) Additional coverage
The term "additional coverage" means a plan of crop insurance
coverage providing a level of coverage greater than the level
available under catastrophic risk protection.
(2) Approved insurance provider
The term "approved insurance provider" means a private
insurance provider that has been approved by the Corporation to
provide insurance coverage to producers participating in the
Federal crop insurance program established under this subchapter.
The term "Board" means the Board of Directors of the
Corporation established under section 1505(a) of this title.
The term "Corporation" means the Federal Crop Insurance
Corporation established under section 1503 of this title.
The term "Department" means the United States Department of
(6) Loss ratio
The term "loss ratio" means the ratio of all sums paid by the
Corporation as indemnities under any eligible crop insurance
policy to that portion of the premium designated for anticipated
losses and a reasonable reserve, other than that portion of the
premium designated for operating and administrative expenses.
(7) Organic crop
The term "organic crop" means an agricultural commodity that is
organically produced consistent with section 6502 of this title.
The term "Secretary" means the Secretary of Agriculture.
(9) Transitional yield
The term "transitional yield" means the maximum average
production per acre or equivalent measure that is assigned to
acreage for a crop year by the Corporation in accordance with the
regulations of the Corporation whenever the producer fails -
(A) to certify that acceptable documentation of production
and acreage for the crop year is in the possession of the
(B) to present the acceptable documentation on the demand of
the Corporation or an insurance company reinsured by the
(c) Protection of confidential information
(1) General prohibition against disclosure
Except as provided in paragraph (2), the Secretary, any other
officer or employee of the Department or an agency thereof, an
approved insurance provider and its employees and contractors,
and any other person may not disclose to the public information
furnished by a producer under this subchapter.
(2) Authorized disclosure
(A) Disclosure in statistical or aggregate form
Information described in paragraph (1) may be disclosed to
the public if the information has been transformed into a
statistical or aggregate form that does not allow the
identification of the person who supplied particular
(B) Consent of producer
A producer may consent to the disclosure of information
described in paragraph (1). The participation of the producer
in, and the receipt of any benefit by the producer under, this
subchapter or any other program administered by the Secretary
may not be conditioned on the producer providing consent under
(3) Violations; penalties
Section 2276(c) of this title shall apply with respect to the
release of information collected in any manner or for any purpose
prohibited by this subsection.
(d) Relation to other laws
(1) Terms and conditions of policies and plans
The terms and conditions of any policy or plan of insurance
offered under this subchapter that is reinsured by the
Corporation shall not -
(A) be subject to the jurisdiction of the Commodity Futures
Trading Commission or the Securities and Exchange Commission;
(B) be considered to be accounts, agreements (including any
transaction that is of the character of, or is commonly known
to the trade as, an "option", "privilege", "indemnity", "bid",
"offer", "put", "call", "advance guaranty", or "decline
guaranty"), or transactions involving contracts of sale of a
commodity for future delivery, traded or executed on a contract
market for the purposes of the Commodity Exchange Act (7 U.S.C.
1 et seq.).
(2) Effect on CFTC and Commodity Exchange Act
Nothing in this subchapter affects the jurisdiction of the
Commodity Futures Trading Commission or the applicability of the
Commodity Exchange Act (7 U.S.C. 1 et seq.) to any transaction
conducted on a contract market under that Act by an approved
insurance provider to offset the approved insurance provider's
risk under a plan or policy of insurance under this subchapter.
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