Section 955.20  Definition of Beginning Farmer

a)                  Source

The Department incorporates the Secretary's definition of a beginning farmer as stated in subsection (b).

b)         Definition

1)         A beginning farmer is a farmer that has:

A)        not operated a farm, or who has not operated a farm for not more than 10 consecutive years. This requirement applies to all members of an entity that operates as a farmer; and

B)        will materially and substantially participate in the operation of the farm.

2)         In the case of a contract with an individual, individually or with the immediate family, "material and substantial participation" requires that the individual provide substantial day-to-day labor and management of the farm or ranch, consistent with the practices in the county where the farm is located.

3)         In the case of a contract with an entity, all members must materially and substantially participate in the operation of the farm or ranch. Material and substantial participation requires that each of the members provide some amount of the management, or labor and management, necessary for day-to-day activities, such that, if each of the members did not provide these inputs, operation of the farm or ranch would be seriously impaired.