§ 50.21 9 CFR Ch. I (1–1–21 Edition)

the relevant documentation for reloca- the Administrator, that the claimant tion of equipment to the veterinarian has been responsible for any attempt to in charge. obtain payment funds for such (Approved by the Office of Management and or other property unlawfully or Budget under control number 0579–0193) improperly. § 50.21 Schedule of payments. PART 51—ANIMALS DESTROYED (a) The Department will make pay- BECAUSE OF BRUCELLOSIS ment, other than for reimbursement of relocation expenses of the equipment Subpart A—Indemnity for Cattle, Bison, of the reverse osmosis plant, at 90-day and Swine intervals. The first payment will be made no earlier than 30 days after all Sec. 51.1 Definitions. owners eligible for payment have 51.2 Cooperation with States. signed their agreements required under 51.3 Payment to owners for animals de- § 50.17(b). The Department will deter- stroyed. mine the amount to be paid to each 51.4 Record of tests. owner in each payment by multiplying 51.5 Identification of animals to be de- the total agreement amount for that stroyed because of brucellosis. owner by a fraction that is arrived at 51.6 Destruction of animals; time limit for by dividing the initial census number destruction of animals. 51.7 Claims for indemnity. of for the respective owner 51.8 Disinfection of premises, conveyances, into the number of dairy cattle that and materials. have been removed from the owner’s 51.9 Claims not allowed. herd during that payment period. From 51.10 Part 53 of this chapter not applicable. this amount, 10 percent will be with- held until all animals in the herd have Subpart B—Indemnity for , , been disposed of and the requirements and Horses of this subpart have been met. The pay- 51.20 Definitions. ments to other property owners will be 51.21 Cooperation with States. determined by multiplying the total 51.22 Payment to owners for goats, sheep, agreement amount for that other prop- and horses destroyed. erty times the same ratio as for the 51.23 Eligibility for indemnity. herd related to that other property, 51.24 Maximum per-head indemnity minus 10 percent. The Department will amounts. make payment for reimbursement of 51.25 Proof of destruction. 51.26 Record of tests. relocation expenses of the reverse os- 51.27 Identification of goats, sheep, and mosis plant within 30 days after the re- horses to be destroyed. location of the plant is completed and 51.28 Moving goats, sheep, and horses to be the owner of the plant has submitted destroyed. to APHIS all documentation of the 51.29 Destruction of animals; time limit. costs of the relocation. 51.30 Claims for indemnity. (b) The Department will not make 51.31 Disinfecting premises, conveyances, final payments until the premises used and materials. for dairy operations have been without 51.32 Claims not allowed. 51.33 Multiple indemnity payments. sexually intact cattle for at least 30 days and until APHIS has inspected AUTHORITY: 7 U.S.C. 8301–8317; 7 CFR 2.22, the premises and has found them to be 2.80, and 371.4. free of manure, except for non-solid areas such as lagoons, and free of all Subpart A—Indemnity for Cattle, feedstuffs that are not in barns, con- Bison, and Swine tainers or feeders. § 51.1 Definitions. § 50.22 Claims not allowed. For the purposes of this part, the fol- The Department will not allow lowing terms shall be construed, re- claims for payment if the claimant has spectively, to mean: failed to comply with any of the re- Accredited veterinarian. A veteri- quirements of this subpart, or there is narian approved by the Administrator substantial evidence, as determined by in accordance with the provisions of

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part 161 of this title to perform func- of permanent incisors (20 months of age tions specified in parts 1, 2, 3, and 11 of or more). subchapter A, and subchapters B, C, Condemn. The determination made by and D of this chapter, and to perform an APHIS representative, State rep- functions required by cooperative resentative, or accredited veterinarian state-federal disease control and eradi- that animals for which indemnity is cation programs. sought under this Part shall be de- Administrator. The Administrator, stroyed. Animal and Plant Health Inspection Dairy cattle. A female bovine of a rec- Service, or any person authorized to ognized dairy breed over 20 months of act for the Administrator. age, which has calved or is within 90 Animal and Plant Health Inspection days of parturition and which is a Service. The Animal and Plant Health member of a dairy herd used to produce Inspection Service of the United States for commercial use. Department of Agriculture (APHIS or Destroyed. Condemned under State Service). authority and slaughtered or otherwise Animals. Cattle, bison, and breeding dies. swine. Herd. Any group of animals of the APHIS representative. An individual same species maintained on common employed by APHIS who is authorized ground for any purpose, or two or more to perform the function involved. groups of animals (of the same species) Appraisal. An estimate of the fair under common ownership or super- market value of an animal to be de- vision, geographically separated but stroyed because of brucellosis. The es- which have an interchange or move- timate shall be based upon the meat, ment of animals without regard to dairy, or breeding value of the animal. health status. Brucellosis exposed animal. Except for Herd Depopulation. Removal by a brucellosis reactor animal, any ani- slaughter or other means of destruc- mal that: (1) Is part of or has been in tion of all cattle, bison, or swine in a contact with a herd known to be af- herd or from a specific premises or fected; or (2) has been in contact with under common ownership prior to re- a brucellosis reactor animal for a pe- stocking such premises with new ani- riod of 24 hours or longer; or (3) has mals, except that steers and spayed been in contact with a brucellosis reac- heifers or barrows and gilts maintained tor animal which has aborted, calved for feeding purposes may be retained or farrowed within the past 30 days, or on the premises if the Veterinarian in has a vaginal or uterine discharge. Charge finds such retention to be com- Brucellosis reactor animal. Any animal patible with eradication efforts. The classified as a brucellosis reactor as Veterinarian in Charge may also per- provided in the definition of official mit removal of nonpregnant heifers, test in § 78.1 of this chapter. without payment of indemnity, to Claimant. A person who files a claim Quarantined Feedlots in lieu of imme- for indemnity under § 51.7 for animals diate slaughter. destroyed under this part. Herd known to be affected. Any herd in Complete herd test. An official test for which any animal has been classified as brucellosis (as defined in 9 CFR 78.1) a brucellosis reactor and which has not performed under APHIS supervision in been released from quarantine. a cattle or bison herd on all cattle or Inbred or hybrid swine. Any breeding bison that are (1) 6 months of age or swine which are the progeny of two or more and not official vaccinates, ex- more breeds of registered swine and cept steers and spayed heifers; or (2) which are maintained to produce in- Official calfhood vaccinates of any age bred or hybrid swine, and for which that are parturient or postparturient; records of ancestry exist through or (3) Official calfhood vaccinates of which such swine can be individually breeds or bison with the first pair identified as progeny of said registered of permanent incisors fully erupted (2 swine. years of age or more); or (4) Official Mortgage. Any mortgage, lien, or calfhood vaccinates of dairy breeds other security or interest that is re- with partial eruption of the first pair corded under State law or identified in

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the indemnity claim form filed under ican Breed Association, Inc., American § 51.7 and held by any person other than Chianina Association, American Dexter the one claiming indemnity. Cattle Association, American Galloway Official seal. A serially numbered Breeders Association, American metal strip consisting of a self-locking Gelbvieh Association, American Guern- device on one end and a slot on the sey Cattle Club, American Hereford As- other end, which forms a loop when the sociation, American International ends are engaged, which cannot be re- Charolais Association, American used if opened, and is applied by a rep- (International Marchigiana Society, resentative of the Veterinarian in American Club, Amer- Charge or the State animal health offi- cial. ican Maine-Anjou Association, Amer- Owner. Any person who has a legal or ican Milking Society, Amer- rightful title to animals whether or not ican Murray Grey Association, Amer- they are subject to a mortgage. ican Normande Association, American Permit. An official document for Pinzgauer Association, American movement of animals under this sub- Polled Hereford Association, American part issued by an APHIS representa- Red Association, American tive, state representative, or accred- Association, American Salers ited veterinarian listing the disease Association, American Scotch High- status and identification of the animal, land Breeders Association, American where consigned, cleaning and dis- Shorthorn Association, American infecting requirements, and proof of Simmental Association, Inc., American slaughter certification. Tarentaise Association, Ankina Breed- Person. Any individual, corporation, ers, Inc., Ayrshire Breeders Associa- company, association, firm, partner- tion, Breed Association of ship, society, or joint stock company, America, Breeders Uni- or other legal entity. versal, Society, Recognized slaughtering establishment. Brahmanstein Breeders Association, Any slaughtering establishment oper- Brown Swiss Beef International, Inc., ating under the Federal Meat Inspec- Breeders Associa- tion Act (21 U.S.C. 601 et seq.)or a State tion of U.S.A., Char-Swiss Breeders As- meat inspection act. 1 Registered breed association. An asso- sociation, Devon Cattle Association, ciation formed and perpetuated for the Inc., Dutch Belted Cattle Association maintenance of records of purebreeding of America, Inc., Foundation of animal species for a specific breed Beefmaster Association, Galloway Cat- whose characteristics are set forth in tle Society of America, Inc., Galloway Constitutions, By-Laws, and other Performance International, Holstein- rules of the association. The records Friesian Association of America, Inter- maintained by such an association national Association, Inter- shall include an Official Herd Book or national Brangus Breeders Association, other recordkeeping format and Cer- Inc., International Maine-Anjou Asso- tificates of Registration or Recorda- ciation, Marky Cattle Association, Mid tion which identify an animal as a reg- America RX 3 Cattle Company, Na- istered animal of that registered breed tional Beefmaster Association, North association. Known registered breed as- American Limousin Foundation, Pan sociations are: American Angus Asso- American Zebu Association, Red and ciation, American Association, White Dairy Cattle Association, Red Inc., The American Black Maine-Anjou Angus Association of America, Red Association, American Blonde Poll Beef Breeders International, Red d’Aquitaine Association, American Poll Cattle Club of America, Santa Brahman Breeders Association, Amer- Gertrudis Breeders International, ican Brahmental Association, Amer- Simbrah Association, South Devon Breed Society, Cattle Associa- 1 A list of recognized slaughtering estab- tion of America, lishments is available upon request from the Animal and Plant Health Inspection Service, Breeders Association of America, and 4700 River Road Unit 37, Riverdale, MD 20737– Association of 1231. America.

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Registered cattle. Cattle for which in- Health Inspection Service, in the State dividual records of ancestry are re- concerned. corded and maintained by a breed asso- [42 FR 64336, Dec. 23, 1977] ciation whose purpose is the improve- ment of the bovine species, and for EDITORIAL NOTE: For FEDERAL REGISTER ci- which individual registration certifi- tations affecting § 51.1, see the List of CFR cates are issued and recorded by such Sections Affected, which appears in the Finding Aids section of the printed volume breed association. and at www.govinfo.gov. Registered swine. Any breeding swine for which a certificate of pure breeding § 51.2 Cooperation with States. has been issued by a purebred swine as- The Administrator has been dele- sociation. gated the authority to cooperate with Sexually intact exposed female calf. A the proper State authorities in the female bovine less than 6 months of age eradication of brucellosis and to pay that is nursed by a brucellosis reactor indemnities for the destruction of bru- at the time such reactor is condemned, cellosis-reactor animals or brucellosis- and that has not been altered to make exposed animals. it incapable of reproduction. Specifically approved stockyard. Prem- [42 FR 64336, Dec. 23, 1977, as amended at 54 ises approved by the Administrator, in FR 32435, Aug. 8, 1989] accordance with § 71.20 of this chapter, for assembling cattle or bison for sale. 2 § 51.3 Payment to owners for animals destroyed. State. Any State, the District of Co- lumbia, Puerto Rico, the Virgin Islands (a) Cattle and bison. The Adminis- of the United States, Guam, the North- trator may authorize the payment of ern Mariana Islands, or any other terri- Federal indemnity by the U.S. Depart- tory or possession of the United States. ment of Agriculture to any owner State animal health official. The indi- whose cattle or bison are destroyed vidual employed by a State who is re- after having been approved for destruc- sponsible for and poultry dis- tion by APHIS under the brucellosis ease control and eradication programs eradication program. 3 In all cases, the in that State. amount of Federal indemnity will be State representative. An individual em- determined in accordance with the reg- ployed in animal health activities by a ulations in this part that were in effect State or a political subdivision thereof, on the date that reactors were found or and who is authorized by such State or the date that whole-herd depopulation political subdivision to perform the or destruction of individual animals function involved under a cooperative was approved. Prior to payment of in- agreement with the United States De- demnity, proof of destruction 4 must be partment of Agriculture. Unofficial vaccinate. Any cattle or 3 The Administrator shall authorize pay- bison which have been vaccinated for ment of Federal indemnity by the U.S. De- brucellosis other than in accordance partment of Agriculture at the maximum with the provisions for official vac- per-head rates in § 51.3: (a) As long as suffi- cinates set forth in § 78.1 of this chap- cient funds appropriated by Congress appear to be available for this purpose for the re- ter. mainder of the fiscal year; (b) in States or Veterinarian in Charge. The veteri- areas not under Federal quarantine; (c) in nary official of the Animal and Plant States requesting payment of Federal indem- Health Inspection Service, United nity; and (d) in States not requesting a lower States Department of Agriculture, who rate. is assigned by the Administrator to su- 4 The Veterinarian in Charge shall accept pervise and perform offical animal any of the following documents as proof of destruction: (a) A postmortem report; (b) a health work of the Animal and Plant meat inspection certification of slaughter; (c) a written statement by a State represent- 2 Notices containing lists of specifically ap- ative, APHIS representative, or accredited proved stockyards are published in the FED- veterinarian attesting to the destruction of ERAL REGISTER. Lists of specifically ap- the animal; (d) a written, sworn statement proved stockyards also may be obtained from by the owner or caretaker of the animal at- the State animal health official, State rep- testing to the destruction of the animal; (e) resentatives, or APHIS representatives. Continued

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furnished to the Veterinarian in described in paragraphs (a)(2)(ii)(A) and Charge. (a)(2)(ii)(B) of this section, involving (1) Eligibility for indemnity. Owners of fair market value of the animal to be the following types of animals de- destroyed or a fixed rate, for deter- stroyed because of brucellosis are eligi- mining the maximum amounts of in- ble to receive Federal indemnity for demnity they may receive. 3 The meth- their animals: od chosen must be used for all animals (i) Cattle and bison identified as re- to be destroyed. Owners have the op- actors as a result of a complete herd tion of having an appraisal done prior test and any sexually intact exposed fe- to choosing the method used. Apprais- male calves; als will be conducted by an inde- (ii) Cattle and bison in a herd that pendent appraiser selected by the Ad- has been approved for depopulation; ministrator. The cost of the appraisals and will be borne by APHIS. (iii) Brucellosis-exposed cattle and (A) Appraisal method. Each eligible brucellosis-exposed bison that were animal will be appraised to determine previously sold or traded from any herd its fair market value. The indemnity that was, subsequent to the sale or shall be the appraised value, minus the trade, found to be affected with brucel- salvage value. losis. Epidemiological information (B) Fixed-rate method. The indemnity such as test results, herd history, and shall not exceed $250 per animal for related evidence will be used to estab- bison and nonregistered cattle other lish a probable date when the herd was than dairy cattle and $750 per animal first affected with brucellosis. Animals for registered cattle and nonregistered sold after that date will be considered dairy cattle. to be exposed; those sold before that (b) Swine—(1) Brucellosis reactor swine. date will not. The Administrator may authorize 3 the (2) Maximum per-head indemnity payment of Federal indemnity by the amounts. Owners of the types of ani- United States Department of Agri- mals described in § 51.3(a)(1) are eligible culture to an owner whose breeding to receive Federal indemnity for their swine are destroyed as brucellosis reac- animals in the following amounts: tors. The indemnity shall not exceed (i) Brucellosis reactors and sexually in- $25 per head for registered, inbred, or tact exposed female calves. Except for hybrid swine, or $10 per head for all brucellosis reactors and sexually intact other breeding swine. Prior to payment exposed female calves destroyed as of indemnity, proof of destruction 4 part of a whole-herd depopulation, the shall be furnished to the Veterinarian indemnity for cattle and bison that are in Charge. brucellosis reactors shall not exceed (2) Herd depopulation. The Adminis- $250 for any registered cattle and non- trator may authorize 3 the payment of registered dairy cattle or $50 for any Federal indemnity by the United bison or nonregistered cattle other States Department of Agriculture to than dairy cattle, and the indemnity an owner whose herd of breeding swine for sexually intact exposed female or whose whole herd is destroyed be- calves shall not exceed $50. cause of brucellosis. The indemnity (ii) Herd depopulations and individual shall not exceed $150 per head for reg- exposed animals. Owners of herds that istered, inbred, or hybrid breeding have been approved for depopulation swine, and $65 per head for all other and owners of brucellosis-exposed cat- breeding swine, except that in the case tle and brucellosis-exposed bison that of whole herd depopulation, indemnity meet the conditions of § 51.3 (a)(1)(iii) payments shall be paid on all swine in may choose either of the two methods the herd at fair market value, as deter- mined by the Administrator, based on a permit (VS Form 1–27) consigning the ani- an appraisal conducted by an inde- mal from a farm or livestock market di- pendent appraiser assigned by the Ad- rectly to a recognized slaughtering establish- ment; or (f) in unique situations where the ministrator. In cases where indemnity documents listed above are not available, is paid for whole herd depopulation, in- other similarly reliable forms of proof of de- demnity payments, plus any salvage, struction. must not exceed the appraised value of

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each animal. Indemnity payment shall State veterinarian’s office by such per- be made only for brucellosis exposed son who completes the test record. swine or for swine from a herd known (Approved by the Office of Management and to be affected and only when the Ad- Budget under control number 0579–0047) ministrator determines that the de- struction of all swine in the herd will [42 FR 64336, Dec. 23, 1977, as amended at 48 FR 57472, Dec. 30, 1983; 54 FR 32435, Aug. 8, contribute to the Brucellosis Eradi- 1989; 56 FR 18506, Apr. 23, 1991] cation Program. Prior to payment of indemnity, proof of destruction 4 shall § 51.5 Identification of animals to be be furnished to the Veterinarian in destroyed because of brucellosis. Charge. (a) The claimant shall be responsible (3) Exposed swine. The Administrator for insuring that any animal for which may authorize 3 the payment of Federal indemnity is claimed shall be identi- indemnity by the United States De- fied in accordance with the provisions partment of Agriculture to an owner of this section within 15 days after hav- whose breeding swine are destroyed be- ing been classified as a reactor or for cause of brucellosis. The indemnity any other animal subject to this part shall not exceed $150 per head for reg- within 15 days after having been con- istered, inbred, or hybrid swine, or $65 demned. The veterinarian in charge per head for all other breeding swine. may extend the time limit to 30 days Indemnity payment shall be made only when a request for such extension is re- for such brucellosis exposed swine and ceived by him prior to the expiration only when the Administrator deter- date of the original 15 day period al- mines that the destruction of such lowed, and when he determines that swine will contribute to the Brucellosis the extension will not adversely affect Eradication Program. Prior to pay- the brucellosis eradication program; and except further, that the Adminis- ment of indemnity, proof of destruc- trator shall upon request in specific tion 4 shall be furnished to the Veteri- cases, extend the time limit beyond the narian in Charge. 30-day period when unusual or unfore- (Approved by the Office of Management and seen circumstances occur which pre- Budget under control number 0579–0047) vent or hinder the identification of the animals within the 30-day period, such [42 FR 64336, Dec. 23, 1977] as, but not limited to, floods, storms, EDITORIAL NOTE: For FEDERAL REGISTER ci- or other Acts of God which are beyond tations affecting § 51.3, see the List of CFR the control of the owner, or when iden- Sections Affected, which appears in the tification is delayed due to require- Finding Aids section of the printed volume ments of another Federal Agency. and at www.govinfo.gov. (b) Except as provided in paragraph (b)(4) of this section, cattle and bison § 51.4 Record of tests. to be destroyed because of brucellosis The claimant shall be responsible for shall be individually identified prior to providing information to an APHIS moving interstate by attaching to the representative, State representative, or left ear a metal tag bearing a serial accredited veterinarian so that a com- number and the inscription ‘‘U.S. Reac- plete test record may be made by such tor,’’ or a similar State reactor tag, person on an APHIS approved form for and must be: each herd known to be affected, includ- (1) ‘‘B’’ branded (as defined in § 78.1); ing the reactor tag number of each bru- or cellosis reactor animal and the reg- (2) Accompanied directly to slaugh- istration name and number of each ter by an APHIS or State representa- brucellosis reactor registered animal. tive; or A copy of the applicable test record (3) Moved in vehicles closed with offi- shall be given to the owner of any such cial seals applied and removed by an herd, and one copy of each such record APHIS representative, State represent- shall be furnished to the appropriate ative, accredited veterinarian, or an in- dividual authorized for this purpose by an APHIS representative. The official

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seal numbers must be recorded on the permit to a slaughtering establishment accompanying permit. where State or Federal Meat inspection (4) Reactor and exposed cattle and is available, or to a market approved bison in herds scheduled for herd de- by the State Animal Health Official, or population may be moved interstate to a market approved by the Adminis- without eartagging or branding if they trator, for sale to such slaughtering es- are identified by USDA approved tablishment; 5 except that in the case backtags and either accompanied di- of indemnity for whole herd depopula- rectly to slaughter by an APHIS or tion, as provided for in § 51.3, swine State representative or moved directly shall be destroyed, if possible, on the to slaughter in vehicles closed with of- premises where the animals are held or ficial seals. Such official seals must be penned at the time the indemnity is applied and removed by an APHIS rep- approved, or may be moved for destruc- resentative, State representative, ac- tion to another location when move- credited veterinarian, or an individual ment to the location is approved in ad- authorized for this purpose by an vance by an APHIS representative. In APHIS representative. cases where the swine are destroyed (c) Swine shall be individually identi- other than at a slaughtering establish- fied by tagging with a metal tag bear- ment, the carcasses of the swine shall ing a serial number and inscription be disposed of by burial, incineration, ‘‘U.S. Reactor’’ or a similar State reac- or other disposal means authorized by tor tag or other identification approved applicable State law. The destruction by the Administrator, upon request in and disposition of animals destroyed in specific cases, attached to the left ear of each animal. accordance with this section other than at a slaughtering establishment (Approved by the Office of Management and shall be performed in the presence of Budget under control number 0579–0047) an APHIS representative. [42 FR 64336, Dec. 23, 1977, as amended at 47 (d) Time limit for destruction of ani- FR 53324, Nov. 26, 1982; 48 FR 57472, Dec. 30, mals. Payment of indemnity shall be 1983; 50 FR 11993, Mar. 27, 1985; 54 FR 32435, made under this part only if the ani- Aug. 8, 1989; 56 FR 18506, Apr. 23, 1991; 60 FR mals are destroyed within 15 days after 48367, Sept. 19, 1995] the date of identification, pursuant to § 51.6 Destruction of animals; time § 51.5 of the regulations in this part, ex- limit for destruction of animals. cept that the appropriate Veterinarian (a) Cattle. The claimant shall be re- in Charge may extend the time limit to sponsible for ensuring that cattle sub- 30 days when request for such exten- ject to this part shall be sold under sion is received from the owner prior to permit to a recognized slaughtering es- the expiration date of the original 15– tablishment or to a specifically ap- day period allowed, or when the ani- proved stockyard for sale to a recog- mals were sold for slaughter prior to nized slaughtering establishment. the expiration date of the original 15– (b) Bison. The claimant shall be re- day period, and when the Veterinarian sponsible for insuring that bison sub- in Charge determines that such exten- ject to this part shall be sold under sion will not adversely affect the Bru- permit to a State or Federal slaugh- cellosis Eradication Program; and ex- tering establishment approved by the cept further, that the Administrator Administrator for this purpose or to a shall, upon request in specific cases, stockyard approved by the Adminis- extend the time limit beyond the 30- trator for sale to such a slaughtering day period when unusual and unfore- establishment, Provided, However, That seen circumstances occur which pre- the Administrator may approve such vent or hinder the destruction of the other bison slaughtering establish- animals within the 30-day period, such ments as may be deemed necessary to as, but not limited to, floods, storms, accomplish destruction of bison subject or other Acts of God which are beyond to this part. (c) Swine. The claimant shall be re- 5 Markets are approved by the Adminis- sponsible for insuring that swine sub- trator in accordance with § 76.18 of this chap- ject to this part shall be sold under ter.

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the control of the owner, or when de- istration papers are unavailable or if struction is delayed due to require- the cattle are less than 1 year old and ments of another Federal Agency. are not registered at the time the claim for indemnity is submitted, the (Approved by the Office of Management and Budget under control number 0579–0047) Veterinarian in Charge may grant a 60- day extension or the Administrator [42 FR 64336, Dec. 23, 1977, as amended at 45 may grant an extension longer than 60 FR 43680, June 27, 1980; 45 FR 86410, Dec. 31, days for the presentation of registra- 1980; 46 FR 5861, Jan. 21, 1981; 47 FR 53324, Nov. 26, 1982; 48 FR 57472, Dec. 30, 1983; 50 FR tion papers. 11993, Mar. 27, 1985; 51 FR 11300, Apr. 2, 1986; (Approved by the Office of Management and 51 FR 32599, Sept. 12, 1986; 54 FR 32435, Aug. Budget under control number 0579–0047) 8, 1989; 56 FR 18506, Apr. 23, 1991; 59 FR 12533, Mar. 17, 1994] [42 FR 64336, Dec. 23, 1977. Redesignated at 46 FR 13674, Feb. 23, 1981, and 47 FR 53324, Nov. § 51.7 Claims for indemnity. 26, 1982, and amended at 47 FR 53324, Nov. 26, 1982; 48 FR 57472, Dec. 30, 1983; 50 FR 11993, (a) Claims for indemnity for animals Mar. 27, 1985; 54 FR 32435, Aug. 8, 1989; 56 FR destroyed because of brucellosis shall 18506, Apr. 23, 1991] be presented on indemnity claim forms furnished by APHIS on which the § 51.8 Disinfection of premises, convey- owner of the animals covered thereby ances, and materials. shall certify that the animals are or All premises, including all struc- are not subject to any mortgage as de- tures, holding facilities, conveyances, fined in this part. If the owner states and materials, contaminated because there is a mortgage, the APHIS indem- of occupation or use by brucellosis re- nity claim form shall be signed by the actor or exposed animals shall be prop- owner and by each person holding a erly cleaned and disinfected with a dis- mortgage on the animals, consenting infectant permitted by APHIS in ac- to the payment of any indemnity al- cordance with recommendations of the lowed to the person specified thereon. APHIS or State representative within Payment will be made only if the 15 days from the date reactors were re- claimant has submitted a complete in- moved from the premises, except that demnity claim form to, and such claim the appropriate Veterinarian in Charge has been approved by the Veterinarian may extend the time limit for disinfec- in Charge or by an APHIS representa- tion to 30 days when request for such tive designated by him. On claims for extension is received by him prior to indemnity made under the provisions the expiration date of the original 15- of § 51.3, the Veterinarian in Charge or day period allowed, and when he deter- an APHIS representative designated by mines that such extension will not ad- him shall record on the APHIS indem- versely affect the Brucellosis Eradi- nity claim form the amount of Federal cation Program; and except further, and State indemnity payments that ap- that the Administrator may, upon re- pear to be due to the owner of the ani- quest in specific cases, extend the time mals. The owner of the animals shall limit beyond the 30-day period when be furnished a copy of the completed unusual and unforeseen circumstances APHIS indemnity claim form. The Vet- occur, such as but not limited to erinarian in Charge or an APHIS rep- floods, storms, or other Acts of God, resentative designated by him shall which are beyond the control of the then forward the completed APHIS in- owner, preventing or hindering the dis- demnity claim form to the Adminis- infection of premises, conveyances, and trator for further action on the claim. materials. Certain premises may be ex- No charges for holding the animals on empted from such cleaning and dis- the farm pending slaughter or for infecting requirements by approval of trucking by the owner shall be so de- the appropriate Veterinarian in Charge ducted or otherwise paid by the United on written recommendations by the States Department of Agriculture. APHIS or State representative or when (b) Claims for indemnity for reg- a written report by the APHIS or State istered cattle shall be accompanied by representative determines that there the cattle’s registration papers issued are no buildings, holding facilities, in the name of the owner. If the reg- conveyances, or other materials on the

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premises that would require such ter; shipped for slaugher, or delivered cleaning and disinfection. for slaughter. (h) If any known brucellosis reactor (Approved by the Office of Management and animal remains in the herd, unless, in Budget under control number 0579–0047) the opinion of the Veterinarian in [42 FR 64336, Dec. 23, 1977. Redesignated at 46 Charge, a reasonable search has been FR 13674, Feb. 23, 1981, and 47 FR 53324, Nov. made for the brucellosis reactor animal 26, 1982; 48 FR 57472, Dec. 30, 1983; 50 FR 11993, and the brucellosis reactor animal Mar. 27, 1985; 54 FR 32435, Aug. 8, 1989; 56 FR could not be found and removed. 18506, Apr. 23, 1991] (i) If the animals are brucellosis reac- § 51.9 Claims not allowed. tor animals which are slaughtered other than as part of a herd depopula- Claims for compensation for animals tion, and which are from a herd: (1) destroyed because of brucellosis shall That was already classified as a ‘‘herd not be allowed if any of the following known to be affected’’ at the time the circumstances exist: animals were identified as brucellosis (a) If the claimant has failed to com- reactor animals and (2) for which an ply with any of the requirements of approved action plan or approved indi- this part. vidual herd plan (as defined in § 78.1 of (b) If the existence of brucellosis in this chapter) was not in effect at the the animal was determined based on time the claim was filed. the results of an official test, as de- (Approved by the Office of Management and fined in § 78.1 of this chapter, and spe- Budget under control number 0579–0047) cific instructions for the administra- tion of the official test had not pre- [42 FR 64336, Dec. 23, 1977. Redesignated at 46 viously been issued to the individual FR 13674, Feb. 23, 1981, and 47 FR 53324, Nov. 26, 1982, and amended at 47 FR 53324, Nov. 26, performing the test by APHIS and the 1982; 48 FR 57472, Dec. 30, 1983; 50 FR 11993, State animal health official. Mar. 27, 1985; 50 FR 47036, Nov. 14, 1985; 51 FR (c) If all cattle, bison, and swine eli- 11300, Apr. 2, 1986; 54 FR 32435, Aug. 8, 1989; 56 gible for testing in the claimant’s herd FR 18506, Apr. 23, 1991; 63 FR 47423, Sept. 8, have not been tested for brucellosis 1998] under APHIS or State supervision. § 51.10 Part 53 of this chapter not ap- (d) If the animals are: plicable. (1) Barrows or gilts maintained for feeding purposes; or No claim for indemnity for animals (2) Spayed heifers or steers, unless destroyed because of brucellosis shall the steers are work oxen, or unless the hereafter be paid under the regulations contained in part 53 of this chapter, spayed heifers or steers are unweaned but all such claims shall be presented animals in a herd approved for depopu- and paid pursuant to and in compliance lation in accordance with § 51.3 of this with regulations contained in this part. part. (e) If the animals are classified as re- [42 FR 64336, Dec. 23, 1977. Redesignated at 46 actors and are unofficial vaccinates, FR 13674, Feb. 23, 1981, and 47 FR 53324, Nov. unless there is either a record of a neg- 26, 1982; 50 FR 11993, Mar. 27, 1985] ative official test made not less than 30 days following the date of unofficial Subpart B—Indemnity for Sheep, vaccination or unless other APHIS ap- Goats, and Horses proved tests show the unofficial vac- cinates are affected with virulent SOURCE: 69 FR 41912, July 13, 2004, unless Brucella. otherwise noted. (f) If there is substantial evidence that the owner or his agent has in any § 51.20 Definitions. way been responsible for any unlawful Accredited veterinarian. A veteri- or improper attempt to obtain indem- narian approved by the Administrator nity funds for such animal. in accordance with the provisions of (g) If, at the time of test or con- part 161 of this title to perform func- demnation, the animals belonged to or tions specified in parts 1, 2, 3, and 11 of were upon the premises of any person subchapter A, and subchapters B, C, to whom they had been sold for slaugh- and D of this chapter, and to perform

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functions required by cooperative results for brucellosis in accordance State-Federal disease control and with one of the following tests: eradication programs. Administrator. The Administrator, Test Positive results Animal and Plant Health Inspection Standard plate test (SPT) ...... If antibody titer positive at Service, or any person authorized to 1:100 dilution or higher. act for the Administrator. Standard tube test (STT) ...... If antibody titer positive at Affected herd/flock. Any herd or flock 1:100 dilution or higher. Rivanol test ...... If antibody titer positive at in which any cattle, bison, breeding 1:50 dilution or higher. swine, sheep, or has been classi- Particle concentration fluores- If reading is 0.3 or lower. fied as a brucellosis reactor and which cence immunoassay has not been released from quarantine. (PCFIA). Complement fixation test (CF) If reading is 2 + :20 dilution. Animal. Sheep, goats, and horses. Animal and Plant Health Inspection (3) Any cattle, bison, or swine classi- Service (APHIS). The Animal and Plant fied as a brucellosis reactor as provided Health Inspection Service of the United in the definition of official test in § 78.1 States Department of Agriculture. of this chapter. APHIS representative. An individual Condemn. The determination made by employed by APHIS who is authorized an APHIS representative, State rep- to perform the function involved. resentative, or accredited veterinarian Appraisal. An estimate of the fair that animals for which indemnity is market value of an animal to be de- sought under this subpart will be de- stroyed because of brucellosis. stroyed. Brucellosis exposed. Except for brucel- Designated brucellosis epidemiologist. losis reactors, animals that are part of An epidemiologist selected by the a herd known to be affected, or are in State animal health official and the a quarantined feedlot or a quarantined Veterinarian in Charge to perform the pasture, or are brucellosis suspects, or functions required. The regional epi- that have been in contact with a bru- demiologist and the APHIS brucellosis cellosis reactor for a period of 24 hours staff must concur in the selection and or more, or for a period of less than 24 appointment of the designated epi- hours if the brucellosis reactor has demiologist. aborted, calved, or farrowed within the past 30 days or has a vaginal or uterine Destroyed. Condemned under State discharge. authority and slaughtered or otherwise dies. Brucellosis reactor animal. (1) Any sheep or goat that has been determined Flock. Any group of sheep maintained by a designated brucellosis epidemiolo- on common ground for any purpose, or gist 1 to be affected with brucellosis, two or more groups of sheep under based on test results, herd/flock his- common ownership or supervision, geo- tory, and/or culture results. Any test graphically separated but which have used for cattle and bison under the an interchange or movement of ani- APHIS official brucellosis eradication mals without regard to health status. program (see part 78 of this chapter) Herd. Any group of goats, or mixed may be used, but test results must be sheep and goats, maintained on com- interpreted by a designated brucellosis mon ground for any purpose, or two or epidemiologist. more groups of goats, or two or more (2) Any horse that has been deter- groups of mixed sheep and goats, under mined by a designated brucellosis epi- common ownership or supervision, geo- demiologist to be affected with brucel- graphically separated but which have losis, based on epidemiological infor- an interchange or movement of ani- mation or culture results, or positive mals without regard to health status. Herd/flock depopulation. Removal by slaughter or other means of destruc- 1 Requirements for designated brucellosis tion of all sheep or goats in a flock or epidemiologists are contained in Veterinary Services Memorandum No. 551.10. A copy of herd, or from a specific premises or this memorandum may be obtained from an under common ownership prior to re- APHIS representative, the State animal stocking such premises with new ani- health official, or a State representative. mals.

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Mortgage. Any mortgage, lien, or in- concerned, or any person authorized to terest that is recorded under State law act for the Veterinarian in Charge. or identified in the indemnity claim form filed in accordance with this sub- § 51.21 Cooperation with States. part, and held by any person other than The Administrator has been dele- the one claiming indemnity. gated the authority to cooperate with Official seal. A serially numbered the proper State authorities in the metal strip consisting of a self-locking eradication of brucellosis and to pay device on one end and a slot on the indemnities for the destruction of bru- other end, which forms a loop when the cellosis-reactor animals or brucellosis- ends are engaged and which cannot be exposed animals. reused if opened, and is applied by a representative of the Veterinarian in § 51.22 Payment to owners for goats, sheep, and horses destroyed. Charge or the State animal health offi- cial. (a) The Administrator may authorize Owner. Any person who has legal or the payment of Federal indemnity by rightful title to sheep, goats, and the U.S. Department of Agriculture to horses, whether or not the animals are any owner whose goats, sheep, or horses are destroyed after having been subject to a mortgage. approved for destruction by APHIS. 1 Permit. An official document for Goats or sheep must be destroyed as movement of animals under this sub- part of a whole herd/flock depopulation part issued by an APHIS representa- to be eligible for Federal indemnity. tive, State representative, or accred- (b) The amount of Federal indemnity ited veterinarian listing the disease will be determined in accordance with status and identification of the animal, the regulations in this part that were where consigned, cleaning and dis- in effect on the date infected animals infecting requirements, and proof of were found, or the date that the whole- slaughter certification. herd/flock depopulation or destruction Person. Any individual, corporation, of individual animals was approved. company, association, firm, partner- (c) Prior to payment of indemnity, ship, society, or joint stock company, proof of destruction must be furnished or other legal entity. to the Veterinarian in Charge. Registered sheep and goats. Sheep and goats for which individual records of § 51.23 Eligibility for indemnity. ancestry are recorded and maintained Owners of animals destroyed because by a breed association whose purpose is of brucellosis are eligible to receive the improvement of the species, and for Federal indemnity for their animals if which individual registration certifi- the animals are: cates are issued and recorded by such (a) Sheep and goats in an affected breed association. herd or flock; State. Any State, the District of Co- (b) Sheep and goats that were ob- lumbia, Puerto Rico, the Virgin Islands tained from a herd or flock that was of the United States, Guam, the North- subsequently found to be an affected ern Mariana Islands, or any other terri- herd or flock. Epidemiological informa- tory or possession of the United States. tion such as test results, herd/flock his- State representative. An individual em- tory, and related evidence will be used ployed in animal health activities by a to establish a probable date when the State or a political subdivision thereof, herd or flock was first affected with and who is authorized by such State or political subdivision to perform the 1 The Administrator will authorize pay- function involved under a cooperative ment of Federal indemnity by the U.S. De- agreement with the United States De- partment of Agriculture as provided in partment of Agriculture. § 51.24: (a) As long as sufficient funds appro- Veterinarian in Charge. The APHIS priated by Congress appear to be available for this purpose for the remainder of the fis- veterinary official who is assigned by cal year; (b) in States or areas not under the Administrator to supervise and Federal quarantine; (c) in States requesting perform the official animal health payment of Federal indemnity; and (d) in work of APHIS in the State or area States not requesting a lower rate.

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brucellosis. Animals removed from the each animal. It must also include the herd or flock after that date will be individual identification of each tested considered exposed to the disease and animal. Any unique, individually num- eligible for indemnity; those removed bered identification is acceptable. The before that date will not; animal’s owner and the appropriate (c) Individual horses that have been State veterinarian’s office will each re- found to be brucellosis reactor animals. ceive a copy of the test record. § 51.24 Maximum per-head indemnity (Approved by the Office of Management and amounts. Budget under control number 0579–0185) Owners of the types of animals listed in § 51.22 of this subpart are eligible to § 51.27 Identification of goats, sheep, receive Federal indemnity for their and horses to be destroyed. animals. All animals must be individ- The claimant must ensure that any ually appraised to determine their fair goats, sheep, and horses for which in- market value. The indemnity amount demnity is claimed are marked with will be the appraised value minus the unique, individually numbered identi- salvage value of the animal, up to a fication showing they are to be de- maximum of $20,000 per animal in the stroyed. This must be done within 15 case of horses. An independent ap- days after the animals are condemned. praiser selected by the Administrator The Veterinarian in Charge may ex- will conduct appraisals. APHIS will pay the cost of appraisals. tend the time limit to 30 days when the Veterinarian in Charge receives a re- § 51.25 Proof of destruction. quest for extension prior to the expira- The Veterinarian in Charge will ac- tion date of the original 15-day period, cept any of the following documents as and when the Veterinarian in Charge proof of destruction: determines that the extension will not (a) A postmortem report; adversely affect the brucellosis eradi- (b) A meat inspection certification of cation program. However, the Adminis- slaughter; trator may extend the time limit be- (c) A written statement by a State yond 30 days when unusual or unfore- representative, APHIS representative, seen circumstances occur that prevent or accredited veterinarian attesting to or hinder the identification of the ani- the destruction of the animals; mal within 30 days, such as, but not (d) A written, sworn statement by limited to, floods, storms, or other the owner or caretaker of the animal Acts of God, which are beyond the con- attesting to the destruction of the ani- trol of the owner, or when identifica- mals; tion is delayed due to requirements of (e) A permit (VS Form 1–27) con- another Federal agency. signing the animal from a farm or live- stock market directly to a slaughter (Approved by the Office of Management and establishment; or Budget under control number 0579–0185) (f) In unique situations where none of the documents listed above are avail- § 51.28 Moving goats, sheep, and able, other similarly reliable forms of horses to be destroyed. proof of destruction. Goats, sheep, and horses to be de- (Approved by the Office of Management and stroyed because of brucellosis must be Budget under control number 0579–0185) accompanied by a permit and either: (a) Accompanied directly to slaugh- § 51.26 Record of tests. ter by an APHIS or State representa- An APHIS representative, State rep- tive; or resentative, or accredited veterinarian (b) Moved in vehicles closed with offi- will compile, on an APHIS-approved cial seals applied and removed by an form, a complete test record for each APHIS representative, State represent- animal. The claimant must provide any ative, accredited veterinarian, or an in- information necessary to complete the dividual authorized for this purpose by form. The test record must include the an APHIS representative. The official type of test and the test results for

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seal numbers must be recorded on the APHIS. On the form, the owner of the accompanying permit. animals must certify whether the ani- mals are subject to a mortgage. If the (Approved by the Office of Management and Budget under control number 0579–0185) owner states there is a mortgage, the claim form must be signed by the § 51.29 Destruction of animals; time owner and by each mortgage holder, limit. consenting to the payment of any in- (a) The claimant must ensure that demnity allowed to the owner. Pay- goats, sheep, and horses infected with ment will be made only if the claimant or exposed to B. abortus are either: has submitted a complete indemnity (1) Sold under permit to a recognized claim form to the Veterinarian in slaughtering establishment; Charge and the claim has been ap- (2) Moved to an approved stockyard proved by the Veterinarian in Charge for sale to a recognized slaughtering or by an APHIS representative des- establishment; or ignated by him or her. The Veteri- (3) Destroyed and buried, incinerated, narian in Charge or an APHIS rep- or rendered in accordance with applica- resentative designated by the Veteri- ble State law. narian in Charge will record on the (b) The claimant must ensure that APHIS indemnity claim form the goats and sheep destroyed because of B. amount of Federal and State indem- melitensis are destroyed and buried, in- nity payments that appear to be due to cinerated, or rendered in accordance the owner of the animals. The owner of with applicable State law. the animals will receive a copy of the (c) Indemnity will be paid under this completed APHIS indemnity claim part only if the animals are destroyed form. The owner is responsible for pay- within 15 days after the date they are ing all fees for holding the animals on marked with identification showing the farm pending disposal and for all they are to be destroyed. However, the trucking fees. Veterinarian in Charge may extend the (b) Claims for indemnity for reg- time limit to 30 days if: istered sheep and registered goats must (1) The animals’ owner asks the Vet- be accompanied by the animal’s reg- erinarian in Charge for an extension istration papers, issued in the name of before the initial 15-day period expires, the owner. If the registration papers or the animals were sold for slaughter are unavailable or if the animal is less before the original 15-day period ex- than 1 year old and not registered at pires; and the time the claim for indemnity is (2) The Veterinarian in Charge deter- submitted, the Veterinarian in Charge mines that extending the time limit may grant a 60-day extension or the will not adversely affect the Brucel- Administrator may grant an extension losis Eradication Program. longer than 60 days for the presen- (d) The Administrator may extend tation of registration papers. Any ani- the time limit beyond 30 days when un- mal that is not registered but is eligi- usual and unforeseen circumstances ble for registration at the time the occur that prevent or hinder the de- claim is submitted will be considered struction of the animals within 30 unregistered unless the animal has days, such as, but not limited to, been in the flock for less than 12 floods, storms, or other Acts of God, months. which are beyond the control of the (Approved by the Office of Management and owner, or when destruction is delayed Budget under control number 0579–0185) due to requirements of another Federal agency. § 51.31 Disinfecting premises, convey- (Approved by the Office of Management and ances, and materials. Budget under control number 0579–0185) All premises, including all struc- tures, holding facilities, conveyances, § 51.30 Claims for indemnity. and materials contaminated because (a) Claims for indemnity for goats, they have been used by animals de- sheep, and horses destroyed because of stroyed because of brucellosis, must be brucellosis must be made using an in- properly cleaned and disinfected in ac- demnity claim form furnished by cordance with recommendations of the

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APHIS or State representative. Clean- § 51.33 Multiple indemnity payments. ing and disinfecting must be completed APHIS has indemnity programs for within 15 days from the date the ani- several other livestock diseases. How- mals were removed from the premises, ever, if a claim is paid for indemnity except that the Veterinarian in Charge for animals destroyed because of bru- may extend the time limit for disinfec- cellosis, no other claims for indemnity tion to 30 days when he or she receives will be paid for the same animals. a request prior the expiration date of the original 15 days, and when the Vet- PART 52—SWINE DESTROYED erinarian in Charge determines that an BECAUSE OF PSEUDORABIES extension will not adversely affect the Brucellosis Eradication Program. The Sec. Administrator may extend the time 52.1 Definitions. limit beyond 30 days when unusual and 52.2 Payment of indemnity. unforeseen circumstances occur that 52.3 Appraisal of swine. 52.4 Presentation of claims. prevent or hinder disinfection of the 52.5 Report of net salvage proceeds. premises, conveyances, and materials 52.6 Claims not allowed. within 30 days, such as, but not limited 52.7 Disinfection of premises, conveyances, to floods, storms, or other Acts of God, and materials. which are beyond the control of the AUTHORITY: 7 U.S.C. 8301–8317; 7 CFR 2.22, owner. A premises may be exempted 2.80, and 371.4. from such cleaning and disinfecting re- SOURCE: 64 FR 2549, Jan. 15, 1999, unless quirements if the APHIS or State rep- otherwise noted. resentative recommends it in writing and the Veterinarian in Charge ap- § 52.1 Definitions. proves. Accredited veterinarian. A veteri- narian approved by the Administrator (Approved by the Office of Management and in accordance with the provisions of Budget under control number 0579–0185) part 161 of this chapter to perform § 51.32 Claims not allowed. functions specified in subchapters B, C, and D of this chapter. Claims for indemnity for goats, Administrator. The Administrator, sheep, and horses destroyed because of Animal and Plant Health Inspection brucellosis will not be allowed if any of Service, or any other employee of the the following circumstances exist: Animal and Plant Health Inspection (a) The claimant has failed to comply Service, United States Department of with any of the requirements of this Agriculture, delegated to act in the Ad- part; ministrator’s stead. (b) The claim is based on a brucel- Animal and Plant Health Inspection losis test, and the person who adminis- Service (APHIS). The Animal and Plant tered the test was not properly trained, Health Inspection Service of the United authorized, or certified at the time of States Department of Agriculture. the test; APHIS employee. Any individual em- (c) Testing of goats, sheep, and ployed by the Animal and Plant Health Inspection Service who is authorized horses in the herd or flock for brucel- by the Administrator to do any work losis was not done under APHIS or or perform any duty in connection with State supervision, or by an accredited the control and eradication of disease. veterinarian; Approved differential pseudorabies test. (d) There is substantial evidence that Any test for the diagnosis of the claim is an unlawful or improper pseudorabies that can distinguish vac- attempt to obtain indemnity; or cinated swine from infected swine; is (e) If, at the time of test or con- produced under license from the Sec- demnation, the animals belonged to or retary of Agriculture under the Virus- were upon the premises of any person Serum-Toxin Act of March 4, 1913, and to whom they had been sold for slaugh- subsequent amendments (21 U.S.C. 151 ter, shipped for slaughter, or delivered et seq.) with indications for use in the for slaughter. Cooperative State-Federal

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