US CODE COLLECTION
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TITLE 7 > CHAPTER 36 > Sec. 1502. | Prev | Next |
Sec. 1502. - Purpose; definitions; protection of information; relation to other laws
(a) Purpose
It is the purpose of this chapter 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 insurance. (b) Definitions As used in this chapter: (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 chapter. (3) Board
The term ''Board'' means the Board of Directors of the Corporation established under section 1505(a) of this title. (4) Corporation
The term ''Corporation'' means the Federal Crop Insurance Corporation established under section 1503 of this title. (5) Department
(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) Secretary The term ''Secretary'' means the Secretary of Agriculture. (8) 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 - to certify that acceptable documentation of production and acreage for the crop year is in the possession of the producer; or to present the acceptable documentation on the demand of the Corporation or an insurance company reinsured by the Corporation. (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 chapter. (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 information. (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 chapter or any other program administered by the Secretary may not be conditioned on the producer providing consent under this paragraph. (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 chapter that is reinsured by the Corporation shall not - be subject to the jurisdiction of the Commodity Futures Trading Commission or the Securities and Exchange Commission; or 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 chapter 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 chapter |
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Notes Updates Parallel authorities (CFR) Topical references |
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