(h) If any part of the claimant's herd has not been tested under Division and State supervision for the eradication of the particular disease for which the animals covered by the indemnity claim were condemned. For the purpose of this paragraph, a herd means a group of animals required to be tested in accordance with the provisions of the appropriate Uniform Methods and Rules for the specific disease, which rules and methods were adopted by the United States Livestock Sanitary Association and approved by the Animal Health Division. (i) If all structures, holding facilities or materials on premises occupied by or used by cattle that were destroyed or which have been infected or exposed have not been properly cleaned and disinfected with a disinfectant permitted by the Division in accordance with recommendations of the proper State and Division official, within 15 days from the date reactors were removed from the premises, except that the appropriate Veterinarian in Charge, for reasons satisfactory to him, may extend the period beyond 15 days, and except that premises may be exempted from such cleaning and disinfecting requirements when the appropriate Veterinarian in Charge determines that there are no buildings, holding facilities, or other materials on the premises that would require such disinfection. (j) If the cattle were steers, unless they were work oxen or if they were bulls and were not purebred, unless they are part of a herd known to be affected with tuberculosis that is being destroyed under the provisions of § 51.2(c). (k) If the cattle were destroyed after being classified as tuberculous or paratuberculous as provided in paragraph (d) of this section unless they were marked for identification by branding the letter "T" on the left jaw, not less than two nor more than three inches high, and unless a metal tag bearing a serial number and the inscription "U.S. Reactor," or a similar State reactor tag, was suitably attached to the left ear of each animal. (1) If the cattle were destroyed because of brucellosis, unless they were marked for identification by branding the letter "B" on the left jaw, not less than 2 nor more than 3 inches high, and unless a metal tag bearing a serial number and inscription "U.S. Reactor," or a similar State reactor tag, was suitably attached to the left ear of each animal. (m) If the cattle were "official vaccinates" and reacted positively to the blood agglutination test for brucellosis, unless such animals were at least 18 months of age; or if the reactors were vaccinated animals, and properly verified but not "official vaccinates" as defined, unless there is also a record of a negative blood agglutination test made not less than 30 days following the date of vaccination; or unless other Division approved tests show the vaccinates are affected with virulent Brucellae. (n) If the cattle were calves under 6 months of age which reacted only to the agglutination blood test for brucellosis. (0) If there is substantial evidence that the owner or his agent has in any way been responsible for any attempt unlawfully or improperly to obtain indemnity funds for such cattle. (Secs. 4-5, 23 Stat. 32, as amended, sec. 3, 33 Stat. 1265, as amended; 21 U.S.C. 112, 113, 120, 125) [28 F.R. 5923, June 13, 1963, as amended at 30 F.R. 7596, June 11, 1965; 33 F.R. 10786, July 30, 1968] § 51.10 Part 53 of this chapter not applicable. No claim for indemnity for cattle destroyed because of brucellosis tuberculosis, or paratuberculosis shall hereafter be paid or allowed under the regulations contained in Part 53 of this chapter, but all such claims shall be presented and paid pursuant to and in compliance with the regulations contained in this part. PART 52-DOURINE IN HORSES AND ASSES § 52.1 Appraisal of and compensation for animals; conditions under which Department may cooperate with States to prevent spread and to aid in extermination of dourine. (a) Infection; how determined. The fact of infection with this disease shall be determined by the complement-fixation test applied in the laboratory of the Division. (b) Appraisal; by whom to be made. The animal shall be appraised at its actual value by a Division inspector and the State veterinarian or an assistant State veterinarian of the State in which the animal is located, or, when provided by State law, assessed value as shown by the assessor's books will be accepted in lieu of appraisal. (c) Department payment to be onehalf appraised or assessed value not exceeding $100. The department will pay one-half of the appraised or assessed value, provided such share shall in no case exceed $100, and the owner signs an agreement to accept such sum as compensation in full for the discharge of all claims he may have against the department on account of the destruction of the animal in question. (d) As used in this part, the term "Division" means the Animal Health Division, Agricultural Research Service, U.S. Department of Agriculture. (Sec. 3, 23 Stat. 32, as amended, sec. 2, 82 Stat. 792, as amended, sec. 11, 58 Stat. 734, as amended; 21 U.S.C. 114, 111, 114a) [28 F.R. 5935, June 13, 1963; 31 F.R. 81, Jan. 5, 1966] PART 53-FOOT-AND-MOUTH DIS EASE, PLEUROPNEUMONIA, RIN- Sec. 53.1 53.2 53.3 53.4 53.5 53.6 53.7 53.8 53.9 53.10 Definitions. Determination of existence of disease Disinfection or destruction of ma- Disinfection of animals. Disinfection of premises, conveyances and materials. Presentation of claims. Mortgage against animals or materials. AUTHORITY: The provisions of this Part 53 issued under sec. 3, 23 Stat. 32, as amended, sec. 2, 32 Stat. 792, as amended, sec. 11, 58 Stat. 734, as amended; 21 U.S.C. 114, 111, 114a. SOURCE: The provisions of this Part 53 appear at 28 F.R. 5935, June 13, 1963; 31 F.R. 81, Jan. 5, 1966, unless otherwise noted. CROSS REFERENCE: For non-applicability of Part 53 with respect to certain claims for indemnity, see § 51.10 of this chapter. § 53.1 Definitions. Words used in this part in the singular form shall be deemed to import the plural and vice versa, as the case may demand. Unless otherwise clearly indicated by the context, whenever the following words, names, or terms are used in the regulations in this part, they shall be construed, respectively, to mean: (a) "Department" means the United States Department of Agriculture. (b) "Secretary" means the Secretary of Agriculture of the United States, or any officer or employee of the Department to whom authority has heretofore been delegated, or to whom authority may hereafter be celegated, to act in his stead. (c) "Division" means the Animal Health Division, Agricultural Research Service, United States Department of Agriculture. (d) "Division employee" means any inspector or other individual employed in the division who is authorized by the Director of Division to do any work or perform any duty in connection with the control and eradication of disease. (e) "Inspector in charge" means an inspector of the division who is designated by the Director of Division to take charge of work in connection with the control and eradication of disease as defined in this section. (f) "Disease" means foot-and-mouth disease, rinderpest, contagious pleuropneumonia, or any other communicable disease of livestock or poultry which in the opinion of the Secretary constitutes an emergency and threatens the livestock of the country; or any other communicable disease of livestock or poultry referred to in this paragraph: Dutch duck plague or other exotic communicable disease of poultry presently existing on certain premises in Suffolk County, N.Y. (g) "Materials" means parts of barns or other structures, straw, hay, and other feed for animals, farm products or equipment, clothing, and articles stored or contained in or adjacent to barns or other structures. (h) "Person" means natural person, firm, partnership, corporation, company, society, and association, and every officer, agent, or employee thereof. (i) "State" means each and every one of the States of the United States, the District of Columbia, and the Territories and possessions of the United States. (j) "Mortgage" means any mortgage, lien or other security or beneficial interest held by any person other than the one claiming indemnity. [28 F.R. 5935, June 13, 1963; 31 F.R. 81, Jan. 5, 1966, as amended at 32 F.R. 2427, Feb. 4, 1967] authorities to cooperate with the Department in the control and eradication of any disease within the meaning of § 53.1(f). (b) Upon agreement of the authorities of the State to enforce quarantine restrictions and orders and directives properly issued in the control and eradication of such a disease, the Director of Division is hereby authorized to agree, on the part of the Department, to cooperate with the State in the control and eradication of the disease, and to pay not more than 50 percent of the expenses of purchase, destruction and disposition of animals and materials required to be destroyed because of being contaminated by or exposed to such disease: Provided, That the Secretary may authorize other arrangements for the payment of such expenses upon finding that an extraordinary emergency exists. [28 F.R. 5935, June 13, 1963, as amended at 32 F.R. 2428, Feb. 4, 1967] § 53.3 Appraisal of animals or materials. (a) Animals affected by or exposed to disease, and materials required to be destroyed because of being contaminated by or exposed to disease shall be appraised by a Division employee and a representative of the State jointly, or, if the State authorities approve, by a Division employee alone. (b) The appraisal of animals shall be based on the meat, egg production, dairy or breeding value, but in the case of appraisal based on breeding value, no appraisal of any animal shall exceed three times its meat, egg production, or dairy value. Animals and poultry may be appraised in groups providing they are the same species and type and providing that where appraisal is by the head each animal or bird in the group is the same value per head or where appraisal is by the pound each animal or bird in the group is the same value per pound. (c) Appraisals of animals shall be reported on forms furnished by the Division. Reports of appraisals shall show the number of animals of each species and the value per head or the weight and value by pound. (d) Appraisals of mat als shall be reported on forms furnished by the Division. Reports of appraisals of materials shall, when practicable, show the number, size or quantity, unit price, and total value of each kind of material appraised. § 53.4 Destruction of animals. (a) Animals affected by or exposed to disease shall be killed promptly after appraisal and disposed of by burial or burning, unless otherwise specifically provided by the Director of Division in extraordinary circumstances. (b) The killing of animals and the burial, burning, or other disposal of carcasses of animals pursuant to the regulations in this part shall be supervised by a Division employee who shall prepare and transmit to the Director of Division a report identifying the animals and showing the disposition thereof. § 53.5 Disinfection or destruction of materials. (a) In order to prevent the spread of disease, materials contaminated by or exposed to disease shall be disinfected: Provided, however, That in all cases in which the cost of disinfection would exceed the value of the materials or disinfection would be impracticable for any reason, the materials shall be destroyed, after appraisal as provided in § 53.3. (b) The disinfection or destruction of materials under this section shall be under the supervision of a Division employee who shall prepare and transmit to the Director of Division a certificate identifying all materials which are destroyed, showing the disposition thereof. § 53.6 Disinfection of animals. Animals of species not susceptible to the disease for which a quarantine has been established, but which have been exposed to the disease, shall be disinfected when necessary by such methods as the Director of Division shall prescribe from time to time. § 53.8 Presentation of claims. Claims for (a) compensation for the value of animals, (b) cost of burial, burning or other disposition of animals, (c) the value of material destroyed, and (d) the expenses of destruction, shall each be presented, through the inspector in charge, to the Division on separate vouchers in form approved by the Director of Division. § 53.9 Mortgage against animals or materials. When animals or materials have been destroyed pursuant to the requirements contained in this part, any claim for indemnity shall be presented on forms furnished by the Division on which the owner of the animals or materials shall certify that the animals or materials covered thereby, are, or are not, subject to any mortgage as defined in this part. If the owner states there is a mortgage, forms furnished by the Division shall be signed by the owner and by each person holding a mortgage on the animals or materials, consenting to the payment of any indemnity allowed to the person specified thereon. (a) The Department will not allow claims arising under the terms of this part if the payee has not complied with all quarantine requirements. (b) Expenses for the care and feeding of animals held for destruction will not be paid by the Department, unless the payment of such expense is specifically authorized or approved by the Director of Division. (c) The Department will not allow claims arising out of the destruction of animals or materials unless they shall have been appraised as prescribed in this part and the owners thereof shall have executed a written agreement to the appraisals. the For the purpose of this part, the following words, names and terms shall be construed, respectively, to mean: (a) "The Department" means United States Department of Agriculture. (b) "Division" means the Animal Health Division of the Agricultural Research Service, United States Department of Agriculture. (c) "Destroyed" means destroyed by slaughter or by such other means as may be authorized by the Director of Division. (d) "Animals" include sheep and/or goats. (e) "Mortgage" means any mortgage, lien or other security or beneficial interest held by any person other than the one claiming indemnity. § 54.2 Cooperation with States. Upon determination by the Director of Division of the existence of scrapie, he shall solicit the cooperation of the proper State or Territory authorities in the eradiction of such disease. $ 54.3 Appraisal of animals. (a) Affected and exposed animals shall be appraised at their actual value at the place and time of appraisal by a representative of the Division and a representative of the State jointly, except that, if the owner and State authorities approve, such animals may be appraised by a representative of the Division alone. Animals may be appraised in groups providing they are the same species and type and providing that where appraisal is by the head each animal in the group is the same value per head or where appraisal is by the pound each animal in the group is the same value per pound. (b) The Division may decline to accept any appraisal that appears to it to be unreasonable or out of proportion to the value of similar animals of a like quality. Appraisals shall not exceed any limit set by the laws of the State or other agency which is cooperating with the Division in the payment of indemnity because of scrapie. § 54.4 Time limit for slaughter. Animals slaughtered under this part shall be slaughtered within 15 days after the date of appraisal unless such time is specifically extended by the Director of Division. $ 54.5 Care and feeding of animals under quarantine; disposal of animals after slaughter. Expenses for the care and feeding of animals held for destruction and the expense of destruction, burial, incineration, etc., and/or transportation and other expenses incidental to their slaughter will not be paid by the Department. § 54.6 Mortgage against animals. When animals have been destroyed pursuant to the requirements contained in this part, any claim for indemnity shall be presented on forms furnished by the Division on which the owner of the animals shall certify that the animals covered thereby, are, or are not, subject to any mortgage as defined in this part. If the owner states there is a mortgage, forms furnished by the Division shall be signed by the owner and by each person holding a mortgage on the animals, consenting to the payment of any indemnity allowed to the person specified thereon. § 54.7 Destruction of animals. (a) Animals affected with or exposed to scrapie shall be destroyed under this part only after obtaining the written agreement of the owner to accept, as compensation in full from the United States, 50 percent of the difference between the appraisal value and the salvage value not to exceed $25 per head for grade animals and $75 per head for purebred animals. (b) Animals which are exposed to but which do not show visible symptoms of scrapie and whose flesh can be saved for food without risk of spreading the disease may be slaughtered in an establishment approved by the Director of Division. § 54.8 Payments to owners for animals destroyed. (a) Owners of animals destroyed in accordance with this part because such animals are affected with or exposed to scrapie shall be paid an indemnity not to exceed 50 percent of the difference between the appraised value of each animal so destroyed and the net salvage received by the owner thereof. (b) The Federal indemnity shall be limited to $25 per head for grade animals and $75 per head for purebred animals. (c) The Division may indemnify owners up to the limitations specified in this part whether or not the State participates in indemnity payment. (d) Animals presented for appraisal as purebred shall be accompanied by their certificate of registry at the time of appraisal, or they shall be appraised as grades: Provided, however, That in the absence of such proof of purebreeding the Director of Division may grant a reasonable time for the presentation of their certificate of registration to the appraiser. 55.2 55.3 Appraisal of animals. Payments of indemnity; claims not allowed. AUTHORITY: The provisions of this Part 55 issued under sec. 3, 23 Stat. 32, as amended. sec. 2, 32 Stat. 792, as amended, sec. 11, 58 Stat. 734, as amended; 21 U.S.C. 114, 111, 114a. SOURCE: The provisions of this Part 55 appear at 28 F.R. 5937, June 13, 1963; 31 F.R. 81, Jan. 5, 1966 unless otherwise noted. § 55.1 Cooperation in eradiction of anaplasmosis. Upon agreement of the authorities of the Territory of Hawaii to enforce quarantine restrictions and orders and directives properly issued in the control and eradication of anaplasmosis of cattle |