---
kind: "section"
citation: "7 C.F.R. § 760.1604"
title: "7"
number: "760.1604"
heading: "Eligible commodities."
url: "https://uscodex.org/cfr/7/760.1604"
---

# §760.1604. Eligible commodities.

- (a) Commodities eligible to be compensated for loss under this subpart are eligible on-farm stored commodities as defined in this subpart.
- (b) A commodity produced on land owned or otherwise in the possession of the United States that is occupied without the consent of the United States is not an eligible commodity.
- (c) To be eligible for payment under this subpart, the eligible on-farm stored commodity must have been:
  - (1) Stored in an on-farm structure that under normal circumstances would have maintained the quality of the commodity throughout harvest until marketing or feed if not for the qualifying disaster event;
  - (2) At the time of loss, physically located in or under a structure and not left in a field baled or held together with netting, twine, or plastic as the only cover;
  - (3) Not stored in a commercial structure; and
  - (4) **Properly dried prior to harvest—** losses resulting from excessive moisture due to the commodity not being dried properly prior to storage are not eligible.

## Notes

### Amendments

[84 FR 48532, Sept. 13, 2019, as amended at 90 FR 51973, Nov. 18, 2025]

### Source

Source: 84 FR 48532, Sept. 13, 2019, unless otherwise noted.

### Authority

Authority: 7 U.S.C. 4501 and 1531; 16 U.S.C. 3801, note; 19 U.S.C. 2497; Title III, Pub. L. 109-234, 120 Stat. 474; Title IX, Pub. L. 110-28, 121 Stat. 211; Sec. 748, Pub. L. 111-80, 123 Stat. 2131; Title I, Pub. L. 115-123, 132 Stat. 65; Title I, Pub. L. 116-20, 133 Stat. 871; Division B, Title VII, Pub. L. 116-94, 133 Stat. 2658; Title I, Pub. L. 117-43, 135 Stat. 356; and Division N, Title I, Pub. L. 117-328, 136 Stat. 4459; Division B, Title I, Pub. L. 118-158, 138 Stat. 1722.

### Amendments

[84 FR 48532, Sept. 13, 2019, as amended at 90 FR 51973, Nov. 18, 2025]