Pt. 51 9 CFR Ch. I (1–1–00 Edition)
this section, no additional indemnity timate shall be based upon the meat, shall be paid for such exposed cattle. dairy, or breeding value of the animal. [51 FR 33735, Sept. 23, 1986, as amended at 52 Brucellosis exposed animal. Except for FR 1317, Jan. 13, 1987; 56 FR 36998, Aug. 2, a brucellosis reactor animal, any ani- 1991; 59 FR 67612, Dec. 30, 1994] mal that: (1) Is part of or has been in contact with a herd known to be af- PART 51—ANIMALS DESTROYED fected; or (2) has been in contact with BECAUSE OF BRUCELLOSIS a brucellosis reactor animal for a pe- riod of 24 hours or longer; or (3) has been in contact with a brucellosis reac- Sec. tor animal which has aborted, calved 51.1 Definitions. 51.2 Cooperation with States. or farrowed within the past 30 days, or 51.3 Payment to owners for animals de- has a vaginal or uterine discharge. stroyed. Brucellosis reactor animal. Any animal 51.4 Record of tests. classified as a brucellosis reactor as 51.5 Identification of animals to be de- provided in the definition of official stroyed because of brucellosis. test in § 78.1 of this chapter. 51.6 Destruction of animals; time limit for Claimant. A person who files a claim destruction of animals. 51.7 Claims for indemnity. for indemnity under § 51.7 for animals 51.8 Disinfection of premises, conveyances, destroyed under this part. and materials. Complete herd test. An official test for 51.9 Claims not allowed. brucellosis (as defined in 9 CFR 78.1) 51.10 Part 53 of this chapter not applicable. performed under APHIS supervision in AUTHORITY: 21 U.S.C. 111–113, 114, 114a, 114a- a cattle or bison herd on all cattle or 1, 120, 121, 125, 134b; 7 CFR 2.22, 2.80, and bison that are (1) 6 months of age or 371.2(d). more and not official vaccinates, ex- cept steers and spayed heifers; or (2) § 51.1 Definitions. Official calfhood vaccinates of any age For the purposes of this part, the fol- that are parturient or postparturient; lowing terms shall be construed, re- or (3) Official calfhood vaccinates of spectively, to mean: beef breeds or bison with the first pair Accredited veterinarian. A veteri- of permanent incisors fully erupted (2 narian approved by the Administrator years of age or more); or (4) Official in accordance with the provisions of calfhood vaccinates of dairy breeds part 161 of this title to perform func- with partial eruption of the first pair tions specified in parts 1, 2, 3, and 11 of of permanent incisors (20 months of age subchapter A, and subchapters B, C, or more). and D of this chapter, and to perform Condemn. The determination made by functions required by cooperative an APHIS representative, State rep- state-federal disease control and eradi- resentative, or accredited veterinarian cation programs. that animals for which indemnity is Administrator. The Administrator, sought under this Part shall be de- Animal and Plant Health Inspection stroyed. Service, or any person authorized to Dairy cattle. A female bovine of a rec- act for the Administrator. ognized dairy breed over 20 months of Animal and Plant Health Inspection age, which has calved or is within 90 Service. The Animal and Plant Health days of parturition and which is a Inspection Service of the United States member of a dairy herd used to produce Department of Agriculture (APHIS or milk for commercial use. Service). Destroyed. Condemned under State Animals. Cattle, bison, and breeding authority and slaughtered or otherwise swine. dies. APHIS representative. An individual Herd. Any group of animals of the employed by APHIS who is authorized same species maintained on common to perform the function involved. ground for any purpose, or two or more Appraisal. An estimate of the fair groups of animals (of the same species) market value of an animal to be de- under common ownership or super- stroyed because of brucellosis. The es- vision, geographically separated but
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which have an interchange or move- quirements, and proof of slaughter cer- ment of animals without regard to tification. health status. Person. Any individual, corporation, Herd Depopulation. Removal by company, association, firm, partner- slaughter or other means of destruc- ship, society, or joint stock company, tion of all cattle, bison, or swine in a or other legal entity. herd or from a specific premises or Recognized slaughtering establishment. under common ownership prior to re- Any slaughtering establishment oper- stocking such premises with new ani- ating under the Meat Inspection Act mals, except that steers and spayed (21 U.S.C. 601–695) or a State meat in- heifers or barrows and gilts maintained spection act.1 for feeding purposes may be retained Registered breed association. An asso- on the premises if the Veterinarian in ciation formed and perpetuated for the Charge finds such retention to be com- maintenance of records of purebreeding patible with eradication efforts. The of animal species for a specific breed whose characteristics are set forth in Veterinarian in Charge may also per- Constitutions, By-Laws, and other mit removal of nonpregnant heifers, rules of the association. The records without payment of indemnity, to maintained by such an association Quarantined Feedlots in lieu of imme- shall include an Official Herd Book or diate slaughter. other recordkeeping format and Cer- Herd known to be affected. Any herd in tificates of Registration or Recorda- which any animal has been classified as tion which identify an animal as a reg- a brucellosis reactor and which has not istered animal of that registered breed been released from quarantine. association. Known registered breed as- Inbred or hybrid swine. Any breeding sociations are: American Angus Asso- swine which are the progeny of two or ciation, American Beefalo Association, more breeds of registered swine and Inc., The American Black Maine-Anjou which are maintained to produce in- Association, American Blonde bred or hybrid swine, and for which d’Aquitaine Association, American records of ancestry exist through Brahman Breeders Association, Amer- which such swine can be individually ican Brahmental Association, Amer- identified as progeny of said registered ican Breed Association, Inc., American swine. Chianina Association, American Dexter Mortgage. Any mortgage, lien, or Cattle Association, American Galloway other security or interest that is re- Breeders Association, American corded under State law or identified in Gelbvieh Association, American Guern- the indemnity claim form filed under sey Cattle Club, American Hereford As- § 51.7 and held by any person other than sociation, American International the one claiming indemnity. Charolais Association, American Official seal. A serially numbered (International Marchigiana Society, metal strip consisting of a self-locking American Jersey Cattle Club, Amer- device on one end and a slot on the ican Maine-Anjou Association, Amer- other end, which forms a loop when the ican Milking Shorthorn Society, Amer- ends are engaged, which cannot be re- ican Murray Grey Association, Amer- used if opened, and is applied by a rep- ican Normande Association, American resentative of the Veterinarian in Pinzgauer Association, American Charge or the State animal health offi- Polled Hereford Association, American cial. Red Brangus Association, American Red Poll Association, American Salers Owner. Any person who has a legal or Association, American Scotch High- rightful title to animals whether or not land Breeders Association, American they are subject to a mortgage. Shorthorn Association, American Permit. An official document for movement of animals under this Part 1 issued by an APHIS representative, The names and addresses of recognized slaughtering establishments may be ob- state representative, or accredited vet- tained from the Animal and Plant Health In- erinarian listing the disease status and spection Service, Veterinary Services, Cattle identification of the animal, where Diseases and Surveillance, 4700 River Road, consigned, cleaning and disinfecting re- Unit 36, Riverdale, Maryland 20737–1231.
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Simmental Association, Inc., American accordance with § 71.20 of this chapter, Tarentaise Asssociation, Ankina for assembling cattle or bison for sale.2 Breeders, Inc., Ayrshire Breeders Asso- State. Any State, the District of Co- ciation, Barzona Breed Association of lumbia, Puerto Rico, the Virgin Islands America, Beefmaster Breeders Uni- of the United States, Guam, the North- versal, Belted Galloway Society, ern Mariana Islands, or any other terri- Brahmanstein Breeders Association, tory or possession of the United States. Brown Swiss Beef International, Inc., State animal health official. The indi- Brown Swiss Cattle Breeders Associa- vidual employed by a State who is re- tion of U.S.A., Char-Swiss Breeders As- sponsible for livestock and poultry dis- sociation, Devon Cattle Association, ease control and eradication programs Inc., Dutch Belted Cattle Association in that State. of America, Inc., Foundation State representative. An individual em- Beefmaster Association, Galloway Cat- ployed in animal health activities by a tle Society of America, Inc., Galloway State or a political subdivision thereof, Performance International, Holstein- and who is authorized by such State or political subdivision to perform the Friesian Association of America, Inter- function involved under a cooperative national Braford Association, Inter- agreement with the United States De- national Brangus Breeders Association, partment of Agriculture. Inc., International Maine-Anjou Asso- Unofficial vaccinate. Any cattle or ciation, Marky Cattle Association, Mid bison which have been vaccinated for 3 America RX Cattle Company, Na- brucellosis other than in accordance tional Beefmaster Association, North with the provisions for official vac- American Limousin Foundation, Pan cinates set forth in § 78.1 of this chap- American Zebu Association, Red and ter. White Dairy Cattle Association, Red Veterinarian in Charge. The veteri- Angus Association of America, Red nary official of the Animal and Plant Poll Beef Breeders International, Red Health Inspection Service, United Poll Cattle Club of America, Santa States Department of Agriculture, who Gertrudis Breeders International, is assigned by the Administrator to su- Simbrah Association, South Devon pervise and perform offical animal Breed Society, Sussex Cattle Associa- health work of the Animal and Plant tion of America, Texas Longhorn Health Inspection Service, in the State Breeders Association of America, and concerned. White Park Cattle Association of (Secs. 3, 4, 5, 11, and 13, 23 Stat. 32, as amend- America. ed; secs. 1 and 2, 32 Stat. 791–792, as amended; Registered cattle. Cattle for which in- sec. 3, 33 Stat. 1265, as amended; sec. 3, 76 dividual records of ancestry are re- Stat. 130 (21 U.S.C. 111–113, 114, 114a–1, 120, corded and maintained by a breed asso- 121, 125, 134b); 7 CFR 2.17, 2.51, and 371.2(d)) ciation whose purpose is the improve- [42 FR 64336, Dec. 23, 1977] ment of the bovine species, and for EDITORIAL NOTE: For Federal Register cita- which individual registration certifi- tions affecting § 51.1, see the List of CFR Sec- cates are issued and recorded by such tions Affected in the Finding Aids section of breed association. this volume. 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 at the time such reactor is condemned, 2 Notices containing lists of specifically ap- and that has not been altered to make proved stockyards are published in the FED- it incapable of reproduction. ERAL REGISTER. Lists of specifically ap- Specifically approved stockyard. Prem- proved stockyards also may be obtained from the State animal health official, State rep- ises approved by the Administrator, in resentatives, or APHIS representatives.
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