---
kind: "section"
citation: "7 C.F.R. § 400.306"
title: "7"
number: "400.306"
heading: "Spouses and minor children."
url: "https://uscodex.org/cfr/7/400.306"
---

# §400.306. Spouses and minor children.

- (a) The spouse and minor children of an individual are considered to be the same as the individual for purposes of this subpart except that:
  - (1) The spouse who was actively engaged in farming in a separate farming operation prior to their marriage will be a separate person with respect to that separate farming operation so long as that operation remains separate and distinct from any farming operation conducted by the other spouse;
  - (2) A minor child who is actively engaged in farming in a separate farming operation will be a separate person with respect to that separate farming operation if:
    - (i) The parent or other entity in which the parent has a substantial beneficial interest does not have any interest in the minor's separate farming operation or in any production from such operation;
    - (ii) The minor has established and maintains a separate household from the parent;
    - (iii) The minor personally carries out the farming activities with respect to the minor's farming operation; and
    - (iv) **The minor establishes separate accounting and recordkeeping for the minor's farming operation.**
- (b) An individual shall be considered to be a minor until the age of 18 is reached. Court proceedings conferring majority on an individual under 18 years of age will not change such individual's status as a minor.

## Notes

### Authority

Authority: 7 U.S.C. 1506(l), 1506(p).

### Source

Source: 55 FR 32595, Aug. 10, 1990, unless otherwise noted.

### Authority

Authority: 7 U.S.C. 1506(1), 1506(o).