INFORMATIONAL MEMORANDUM: R&D-97-013 TO: All Reinsured Companies All Risk Management Field Offices FSA Headquarters, Program Delivery and Field Operations FROM: Tim B. Witt /s/ R.E. Waggoner (for) 2/19/97 Acting Deputy Administrator SUBJECT: Cranberry Crop Insurance Provisions Attached is a copy of the Cranberry Crop Insurance Provisions effective for the 1998 and succeeding crop years. A brief description of the significant changes to these provisions follows. Please refer to the provisions for complete information. - Section 1 clarifies that the definition of "harvest" is removal of the cranberries from the bog rather than the picking of the cranberries from the vines for the purpose of removal from the land. Reference to overhead solid irrigation systems and frost prevention in the definition of "irrigated practice" as published in the proposed rule has been removed. - Section 2 has been expanded to include the insured's reporting responsibilities to qualify for optional units, allows for the breakdown of units by irrigated and non-irrigated acreage and only requires optional units "established for the crop year" to be identified on the acreage report. - Section 3(b) specifies that the producer must report any damage, removal of vines, and changes in practices that may reduce yields. - Section 7(a)(1) specifies that if an application is accepted after November 20, insurance will not attach until the 10th day after the application is received by the insurance provider and provides guidelines for attachment of insurance when insurable acreage is acquired or relinquished. - Section 7(b)(2)(iii) adds a requirement to clarify that any transferee must also be eligible for crop insurance. - Section 8(a)(7) clarifies that failure or breakdown of irrigation equipment or facilities due to direct damage to the irrigation system or facilities, is an insurable cause of loss if the crop is damaged by freezing temperatures within 72 hours of such failure or breakdown and repair or replacement was not possible before damage occurred. - Section 8(b) specifies that disease and insect infestations are excluded causes of loss unless adverse weather prevents the proper application of control measures, causes control measures to be ineffective when properly applied, or cause disease or insect infestation for which no effective control mechanism is available. This section clarifies that the inability to market the cranberries for any reason other than actual physical damage is not a covered cause of loss. - Section 9(a) adds provisions that require an insured to notify the insurer of probable loss at least 15 days before the beginning of harvest, or immediately if discovered after harvest has begun so an inspection can be made. - Section 9(b) clarifies that the insured is prohibited from selling or disposing of any damaged production until the earlier of 15 days from request or when the insurance provider provides written consent to do so. - Section 9(c) clarifies that the failure of the producer to meet the requirements of this section, and such failure results in the insurance provider's inability to inspect the damaged production, all such production will be considered undamaged and included as production to count. - Section 10(c)(1)(D) was added "destroyed or put to another use without our consent" to be consistent with other crop provisions. - Section 10(c)(3) clarifies that harvested production that, due to insurable cause, is determined not to meet U.S. Standards for Fresh Cranberries, if available, and such harvested production has a value less than 75 percent of the market price for cranberries meeting the minimum requirements will be adjusted by: (i) dividing the value per barrel by the market price per barrel; and (ii) multiplying the results by the number of barrels. - Section 11 adds provisions for providing insurance coverage by written agreement. If you have any questions, please contact Dave Clauser of the Product Development Division at (816) 926-7730. Attachment - ENTIRE BULLETIN AND ATTACHMENT WILL BE MAILED