§82.11. Compliance with program provisions.
7 C.F.R. § 82.11
If AMS or CCPA determines that any provision(s) of this part have not been complied with by the grower, the grower will not be entitled to diversion payments in connection with tree removal. If a grower does not comply with all the terms of this part, including the requirement specified in § 82.5(h), the grower must refund any payment made in connection with the Program, and will also be liable for any other damages incurred as a result of such failure. AMS may deny any grower the right to participate in the Program or the right to receive payments in connection with any diversion previously made under the Program, or both, if AMS determines that:
The grower has failed to properly remove the clingstone peach trees from the applicable acreage, regardless of whether such failure was caused directly by the grower or by any other person or persons;
The grower has not acted in good faith, or has engaged in a scheme, fraud, or device, in connection with any activity under this program; or
The grower has failed to discharge fully any obligation assumed by him or her under this program.
Notes, amendments, and revision history
Amendments
[70 FR 67312, Nov. 4, 2005, as amended at 91 FR 48247, July 31, 2026]
Authority
Authority: 7 U.S.C. 612c.
Source
Source: 70 FR 67312, Nov. 4, 2005, unless otherwise noted.
Amendments
[70 FR 67312, Nov. 4, 2005, as amended at 91 FR 48247, July 31, 2026]