§ 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 cattle (Approved by the Office of Management and or other dairy 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 dairy cattle 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 Sheep, Goats, 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 158 VerDate Sep<11>2014 17:09 Apr 05, 2021 Jkt 253028 PO 00000 Frm 00168 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB Animal and Plant Health Inspection Service, USDA § 51.1 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 milk 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 beef 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 159 VerDate Sep<11>2014 17:09 Apr 05, 2021 Jkt 253028 PO 00000 Frm 00169 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB § 51.1 9 CFR Ch. I (1–1–21 Edition) 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 Jersey Cattle 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 Shorthorn 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 Brangus Association, American tive, state representative, or accred- Red Poll 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.