INFORMATIONAL MEMORANDUM: R&D-96-045 TO: All Reinsured Companies All Risk Management Field Offices FSA Headquarters, Program Delivery and Field Operations FROM: Tim B. Witt Director Research and Development Division SUBJECT: Texas Citrus Fruit Crop Insurance Provisions Attached is the Texas Citrus Fruit Crop Provisions. These provisions are effective for the 1998 and succeeding crop years. Following is a brief description of the significant changes to these provisions. Please refer to the provisions for more complete information. Section 2 allows basic units to be divided into optional units by section, section equivalent or FSA Farm Serial Number; or by non-contiguous land. The previous endorsement allowed unit division by section if each unit was non-contiguous. Section 3(e) specifies that the yield used to compute the producers' production guarantee will be determined in accordance with Actual Production History (APH) regulations and applicable policy provisions unless previous damage or changes to the grove or trees, require establishment of the yield by another method. In the event of such damage or changes the yield will be based on FCIC's appraisal of the potential of the insured acreage for the crop year. This change will provide the flexibility needed to allow yield determination by appraisals when past production history is not adequate. For the 1998 crop year the yield will be based on the appraisal of the yield potential due to the lingering effects of the 1989 freeze. Section 3(f) allows for a 1-year lag period for the producer to report citrus production for APH because all of the fruit will not be harvested until after the production reporting date. Section 5 changed the cancellation and termination dates from November 30 to November 20. Sections 7(f) and 11(a) add provisions to make citrus sold by direct marketing insurable if allowed by the Special Provisions or by written agreement. The producer must give notice at least 15 days before any production from any unit will be sold by direct marketing. Section 8 makes citrus interplanted with another perennial crop insurable unless the insurance provider inspects the acreage and determines it does not meet the requirements contained in the producer's policy. Section 9(a)(1) specifies that insurance coverage begins on November 21 of each crop year, except that for the year of application if the producer's application is received after November 11 but prior to November 21, insurance will attach on the 10th day after the properly completed application is received in the insurance provider's local office, unless the insurance provider inspects the acreage during the 10-day period and determines that it does not meet insurability requirements. Under the current policy if the application is submitted on or before November 30, but the application is not accepted until after November 30, insurance will attach on the 30th day after the producer signs and submits a properly completed application, unless acreage was inspected and determined to be unacceptable. Section 9(b)(1) specifies that if the producer acquires an insurable share in any insurable acreage after coverage begins, but on or before the acreage reporting date for the crop year, and after an inspection the insurance provider considers the acreage acceptable, insurance will be considered to have attached to such acreage on the calendar date for the beginning of the insurance period. Section 9(b)(2) specifies that if the producer relinquishes an insurable share on any insurable acreage of citrus on or before the acreage reporting date for the crop year, insurance will not be considered to have attached to, and no premium will be due for, such acreage for that crop year unless a transfer form is completed by all affected parties, the insurance provider is notified in writing on or before the acreage reporting date, and the transferee is eligible for crop insurance. Section 10(a)(8) specifies that failure of the irrigation water supply must be caused by an insured peril that occurs during the insurance period. Section 10(b)(1) specifies that damage or loss of production due to disease or insect infestation, will not be insurable unless an insured cause of loss prevents the proper application of control measures, causes properly applied control measures to be ineffective, or causes disease or insect infestation for which no effective control mechanism is available. Section 12(d) Adds a provision to clarify that if individual records of juice content are not available, the average juice content will be obtained from the nearest juice plant if available. If not available, a field appraisal will be made to determine the average juice content. Section 13 adds provisions for providing insurance coverage by written agreement. The provision which allowed the contract price to be an applicable price for undamaged citrus fruit if the contract was executed between the producer and buyer before damage occurred was deleted because it allowed a potential for abuse and was seldom used.