---
kind: "section"
citation: "7 C.F.R. § 760.2203"
title: "7"
number: "760.2203"
heading: "Eligible producers."
url: "https://uscodex.org/cfr/7/760.2203"
---

# §760.2203. Eligible producers.

- (a) To be eligible for payment under this subpart, a producer must be a:
  - (1) Citizen of the United States;
  - (2) Resident alien, which for purposes of SDRP means “lawful alien” as defined in [7 CFR part 1400](/cfr/7/part1400.md);
  - (3) Partnership organized under State law consisting solely of citizens of the United States or resident aliens;
  - (4) Corporation, limited liability company, or other organizational structure organized under State law consisting solely of citizens of the United States or resident aliens; or
  - (5) Indian Tribe or Tribal organization, as defined in [section 4(b)](/cfr/7/4.md?p=b) of the Indian Self-Determination and Education Assistance Act ([25 U.S.C. 5304](/usc/25/5304.md)).
- (b) Members of legal entities, including those who are listed as an SBI on FSA-526, who do not individually share in the risk of producing the crop and ownership of the crop are not considered producers and are not eligible to apply for SDRP; in those instances, the entity is considered the applicant.
- (c) To be eligible for SDRP, a producer must be in compliance with the provisions of [7 CFR part 12](/cfr/7/part12.md) and the provisions of [7 CFR 718.6](/cfr/7/718.6.md), which address ineligibility for benefits for offenses involving controlled substances.
- (d) FSA's creation and mailing or other transmission of a pre-filled application does not indicate that the person or legal entity listed on the application is eligible for an SDRP Stage 1 or Stage 2 payment.

## Notes

### Amendments

[90 FR 30569, July 10, 2025, as amended at 90 FR 51979, Nov. 18, 2025]

### Source

Source: 90 FR 30569, July 10, 2025, 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

[90 FR 30569, July 10, 2025, as amended at 90 FR 51979, Nov. 18, 2025]