§ 760.1610 Eligible and ineligible losses.

(a) Except as provided in paragraphs (b) of this section, to be eligible for payments under this subpart the commodity stored in an eligible structure must have suffered a loss due to a qualifying disaster event. (b) A loss will not be eligible for the On-Farm Stored Commodity Loss Program this subpart if any of the following apply: (1) The cause of loss is determined by FSA to be the result of poor management decisions, poor farming practices, or previously damaged structures; (2) The cause of loss was due to failure of the participant to store the commodity in an eligible structure before the qualifying disaster event; or (3) The cause of loss was due to water contained or released by any governmental, public, or private dam or reservoir project if an easement exists on the acreage affected by the containment or release of the water. (c) The following types of loss, regardless of whether they were the result of a qualifying disaster event, are not eligible losses: (1) Losses to crops that have not been harvested; (2) Losses to crops not intended for harvest; (3) Losses caused by improper storage; (4) Losses caused by the application of chemicals; (5) Losses caused by theft; (6) Losses due to quality loss; and (7) Losses caused by excessive moisture.