Animals required to be destroyed because of being infected with anaplasmosis shall be appraised by an officially designated representative of the Animal Health Division or the Territory of Hawaii and shall be destroyed within a period of time acceptable to the Director of the Division. Such appraisal shall be based on the actual value of the cattle at the time and place of appraisal. § 55.3 Payments of indemnity; claims not allowed. (a) Owners of affected cattle destroyed in accordance with this part shall be paid an indemnity not to exceed one-half the difference between the appraised value and the salvage value but the payment shall not exceed the amount paid by the Territory of Hawaii. (b) In the discretion of the Division Director claims will not be allowed under the terms of this part if the payee has not complied with all quarantine requirements. (c) Claims will not be allowed for expenses for the care and feeding of animals held for destruction. (d) In the discretion of the Division Director claims will not be allowed arising out of the destruction of animals unless they shall have been appraised as described in this part and the owner thereof shall execute a written agreement to the appraisal. AUTHORITY: The provisions of this Part 56 issued under sec. 3-5, 23 Stat. 32, as amended, sec. 2, 32 Stat. 792, as amended, sec. 3, 33 Stat. 1265, as amended, sec. 11, 58 Stat. 734, as amended; 21 U.S.C. 111, 112, 113, 114, 114a, 120, 125. SOURCE: The provisions of this Part 56 appear at 28 F.R. 9915, Sept. 12, 1963; 31 F.R. 81, Jan. 5, 1966, unless otherwise noted. § 56.1 Definitions. For the purpose of this part, the following words, names, and terms shall be construed, respectively, to mean: (a) "The Department" means the 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 condemned under State or Federal authority and destroyed by slaughter or by death otherwise. (d) "Hog Cholera" means the contagious, infectious, and communicable disease of swine commonly known as hog cholera. (e) "Mortgage" means any mortgage, lien, or other security or beneficial interest held by any person other than the one claiming indemnity. (f) "State" means any State, Territory, the District of Columbia, or Puerto Rico. Cooperation with States. Upon determination by the Director of the Division of the existence of hog cholera, and upon agreement of the authorities of the State to enforce quarantine restrictions and orders and directives properly issued in the control and eradication of hog cholera, he is authorized to cooperate with the proper State authorities in the eradication of such disease. § 56.3 Appraisal of swine. Swine affected with or exposed to hog cholera which are to be destroyed and 99-125-69 indemnities paid therefor under this part shall be appraised at their actual value for meat, feeding or breeding purposes at the place and time of appraisal, except that in the case of grade animals only females shall be eligible for appraisal based on breeding value and that no such appraisal shall exceed three times the animals' meat or feeding value. Appraisal shall be made by a Division or State representative or jointly. The record of appraisal shall be signed by the appraiser, or appraisers, and by the owner certifying his acceptance of the appraisal. Swine may be appraised in groups providing they are the same 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. Swine presented for appraisal as purebred swine shall be accompanied by their certificate of pure breeding; swine presented for appraisal as inbred or hybrid swine shall be accompanied by their certificate of registration. Certificates of pure breeding for purebred swine or certificates of registration for inbred or hybrid swine shall be presented at the time of appraisal or such swine will be appraised as grades: Provided, however, That in the absence of such certificate of pure breeding; or certificate of registration for inbred or hybrid swine the Director of Division may grant a reasonable time for the presentation of their certificate of pure breeding or registration to the appraiser. [33 F.R. 10005, July 12, 1968] § 56.4 Care and feeding of swine under quarantine; disposal after slaughter. Expenses for the care and feeding of swine 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, unless the payment of such expense is specifically authorized or approved by the Director of Division. (a) Swine affected with or exposed to hog cholera which are to be destroyed and indemnities paid therefor under this part shall be destroyed promptly after appraisal and disposed of through a method of salvage approved by Director of Division or by burial or burning. (b) The destruction of swine and the burial, burning, or other disposal of carcasses of swine pursuant to the regulations in this part shall be supervised by a Department or State employee who shall prepare and transmit to the Director of Division a report identifying the swine and showing the disposition thereof. § 56.7 Payments to owners for swine destroyed. (a) Owners of swine destroyed in accordance with this part may be paid an indemnity by the United States not to exceed 50 percent of the difference between the appraised value of each swine so destroyed and the net salvage received by the owner thereof. (b) Federal indemnity shall not exceed $40 per head for grade swine or $50 per head for purebred and inbred or hybrid swine. [28 F.R. 9915, Sept. 12, 1963; 31 F.R. 81, Jan. 5, 1966, as amended at 33 F.R. 10005, July 12, 1968] (a) The Department will not allow claims arising out of the destruction of swine unless they have been previously appraised in compliance with this part. (b) The Department will not allow claims if the claimant has failed to comply with any of the Department regulations or quarantine regulations of the cooperating State pertaining to hog cholera, and the cleaning and disinfection of his premises or conveyances as deemed necessary by Director of Division to destroy hog cholera virus. (c) The Department will not allow claims 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 swine. SUBCHAPTER C-INTERSTATE TRANSPORTATION OF ANIMALS AND POULTRY PART 71-GENERAL PROVISIONS Sec. 71.1 71.2 71.3 71.4 71.5 71.6 71.7 71.8 71.9 Definitions. Secretary to issue rule governing quarantine and interstate movement of diseased livestock. Interstate movement of diseased ani- Carrier responsible for cleaning and interstate movement prohibited Disinfection of yards and premises having contained infected animals required. Cars, boats, yards, pens, chutes, and alleys; method of cleaning and disinfecting. 71.10 Substances or materials allowed as permitted disinfectants. 71.11 Cresylic disinfectant as permitted disinfectant; specifications. 71.15 71.14 Slaughter of animals to prevent spread of disease; ascertainment of value and compensation. Movement from quarantined to free area and shipment therefrom; conditions under which permitted. 71.16 Inspection and certification of animals for interstate movement. 71.17 Interstate movement of dead animals prohibited in same car with live animals. AUTHORITY: The provisions of this Part 71 issued under secs. 4-7, 23 Stat. 32, secs. 1 and 2, 32 Stat. 791, secs. 1-4, 33 Stat. 1264, 41 Stat. 699, sec. 11, 58 Stat. 734, sec. 13, 65 Stat. 693; 21 U.S.C. 111-113, 114a, 114a-1, 115-117, 120-126, unless otherwise noted. SOURCE: The provisions of this Part 71 appear at 28 F.R. 5937, June 13, 1963; 31 F.R. 81, Jan. 5, 1966, unless otherwise noted. § 71.1 Definitions. For the purposes of this subchapter the following words, phrases, names, and terms shall be construed, respectively, to mean: (a) Department. The United States Department of Agriculture. (b) Division. The Animal Health Division. (c) Division inspector. An inspector of the Division. (d) Tick infested. Infested with the ticks Boophilus annulatus (Margaropus annulatus), Boophilus microplus, or Rhipicephalus evertsi evertsi. (e) Quarantined area. The States, Territories, or the District of Columbia or portions thereof quarantined by the Secretary of Agriculture for the specific contagious, infectious, or communicable animal disease mentioned in each part. (f) Free area. The States, Territories, or the District of Columbia or portions thereof not quarantined by the Secretary of Agriculture for the specific contagious, infectious, or communicable animal disease mentioned in each part. (g) Stockers and feeders. Animals intended for stock or feeding purposes. (h) Public stockyards. Stockyards where trading in livestock is carried on; where yarding, feeding, and watering facilities are provided by the stockyards, transportation, or similar company; and where Federal inspection is maintained for the inspection of livestock for communicable diseases. (i) Recognized slaughtering center. Any point where slaughtering facilities are provided and to which animals are regularly shipped and slaughtered. (j) Accredited herd. One officially declared by the Division and the State as free from tuberculosis and for which a certificate has been issued evidencing that fact. (k) Designated dipping station. A point mutually agreed upon by the Division and the State livestock sanitary authorities, where proper dipping and yarding facilities are provided, at which cattle of the area of that State quarantined for splenetic, southern, or Texas fever in cattle may be dipped, inspected, and certified for interstate movement. (1) State. Any State, Territory, the District of Columbia, or Puerto Rico. (m) Interstate. From one State into or through any other State. [28 F.R. 5937, June 13, 1963, as amended at 29 F.R. 14489, Oct. 22, 1964] § 71.2 Secretary to issue rule governing quarantine and interstate movement of diseased livestock. When the Secretary of Agriculture shall determine the fact that cattle or other livestock in any State, Territory, or the District of Columbia are affected with any contagious, infectious, or communicable disease for which, in his opinion, a quarantine should be established, notice will be given of that fact. A rule will be issued placing in quarantine any State, Territory, or the District of Columbia, or any portion thereof, in which the disease exists, and this rule will either absolutely forbid the interstate movement of livestock from the quarantined area or will indicate the regulations under which interstate movements may be made. § 71.3 Interstate movement of diseased animals and poultry generally prohibited. (a) Animals or poultry affected with any of the following diseases, which are endemic to the United States: Equine piroplasmosis, bovine piroplasmosis or splenetic fever, scabies, hog cholera, acute swine erysipelas, tuberculosis, paratuberculosis, brucellosis, scrapie, blue tongue in sheep, anthrax, screwworms, psittacosis or ornithosis, and Newcastle disease, or any other communicable disease which is endemic to the United States, or which are cattle fever tick infested, shall not be moved interstate. (b) Animais or poultry affected with any of the following diseases, not known to exist in the United States: foot-andmouth disease, rinderpest, African swine fever, Teschen disease, contagious bovine pleuropneumonia, European fowl pest, dourine, vesicular exanthema, and glanders, or any other communicable foreign disease not known to exist in the United States, shall not be moved interstate. (c) Notwithstanding the provisions of paragraphs (a) and (b) of this section: (1) Domestic animals which have reacted to a test recognized by the Secretary of Agriculture for brucellosis, or paratuberculosis, which are not affected with any other disease referred to in this section and are not tick infested, may be moved interstate in accordance with the provisions of Subpart B of Part 78 of this subchapter in the case of brucellosis reactors and with the provisions of Part 80 of this subchapter in the case of paratuberculosis reactors; and (2) cattle which have reacted to the tuberculin test, which are not affected with any other disease referred to in this section and are not tick infested, may be moved interstate in accordance with the provisions of § 77.8 of this subchapter. (d) Notwithstanding the provisions of paragraphs (a) and (b) of this section, livestock which is found to be diseased while in transit or upon arrival at a feed lot, stockyard or marketing center, may be moved interstate in accordance with subparagraphs (1) through (6) of this paragraph: Provided, That such livestock is not tick infested or affected with any disease referred to in this section other than the diseases named in this paragraph: And Provided further, That such livestock is accompanied by a certificate, issued by a Division or State inspector or accredited veterinarian stating the destination of the animals; the purpose for which they are to be moved; the number of animals covered by the certificate; the point from which the animals are moved interstate; and the name and address of the owner or shipper. (1) Livestock affected with one or more of the following diseases may be moved interstate for immediate slaughter to a slaughtering establishment where State or Federal meat inspection is maintained; Actinomycosis, actinobacillosis, atrophic rhinitis, contagious ecthyma, foot rot, infectious keratitus, ram epididymitis, ringworm, swine influenza, arthritis (simple lesions only), and shipping fever. (2) Cattle with slight unopened cases of actinomycosis or actinobacillosis (or both) may be moved interstate to a feed lot in the State of destination: Provided, That such cattle are not affected with any other disease named in this paragraph. (3) Sheep affected with or exposed to contagious ecthyma may be moved interstate to a feed lot located in a State the laws, rules, or regulations of which require that such sheep be segregated or quarantined under a permit from an official of such State: Provided, That such sheep are not affected with any other disease named in this paragraph. (4) Livestock affected with one or more of the following diseases may be moved interstate for any purpose to a State the laws, rules, or regulations of which require that such livestock be segregated or quarantined under a permit from the appropriate livestock sanitary official of such State: actinomycosis, actinobacillosis, contagious ecthyma, foot rot, and shipping fever: Provided, That such livestock is not affected with any other disease named in this paragraph. (5) Livestock affected with infectious keratitis or ringworm (or both) may be moved interstate for any purpose if treated under the supervision of a Division or State inspector or an accredited veterinarian prior to movement: Provided, That such livestock is not affected with any other disease named in this paragraph. Livestock affected with infectious keratitis or ringworm (or both) and also with another disease named in this paragraph, may be moved interstate only under the applicable provisions of subparagraphs (1) through (4) of this paragraph after being so treated for infectious keratitis or ringworm (or both). Such livestock will be subject to further treatment at destination, if required. (6) Other Movements. The Director of the Division may provide for the movement, not otherwise provided for in this paragraph, of animals affected with the diseases named in subparagraph (1), under such conditions as he may prescribe to prevent the spread of disease. The Director of the Division will promptly notify the appropriate livestock sanitary officials of the States involved of any such action. (e) Notwithstanding the provisions of paragraphs (a) and (b) of this section, the Director of the Division in specific cases and under such conditions as he may prescribe to prevent the dissemination of disease may provide for the interstate movement of individual animals affected with contagious, infectious, or communicable disease to a designated diagnostic or research facility when accompanied by a permit from the appropriate livestock sanitary official in the State of destination: Provided, That animals so moved shall be maintained in quarantine at such designated facility until freed of disease as determined by tests recognized by the Department, until natural death, or until disposal by euthanasia. (f) Before offering cattle or other livestock or poultry for interstate transportation, transporting them interstate, or introducing them into any stockyards or upon routes of traffic for interstate transportation, all persons, companies, or corporations are required to exercise reasonable diligence to ascertain whether such animals or poultry are affected with any contagious, infectious, or communicable disease, or have been exposed to the contagion or infection of any such disease by contact with other animals or poultry so diseased or by location in pens, cars, or other vehicles, or upon premises that have contained animals or poultry so diseased. [28 F.R. 5937, June 13, 1963, as amended at 28 F.R. 13929, Dec. 21, 1963; 30 F.R. 8327, June 30, 1965; 30 F.R. 13573, Oct. 26, 1965; 32 F.R. 7583, May 24, 1967] § 71.4 Carrier responsible for cleaning and disinfection of cars, boats, other vehicles, yards, and premises. Cars, boats, and other vehicles which have been used in the interstate transportation of cattle, sheep, swine, poultry, or other animals affected with, or carrying the infection of, any contagious, infectious, or communicable disease other than slight unopened cases of actinomycosis or actinobacillosis (or both), atrophic rhinitis, bovine foot rot, ram epididymitis, ringworm, infectious keratitis, and arthritis (simple lesions only), shall be cleaned and disinfected under Division supervision in accordance with the regulations in this subchapter, and the final carrier shall be responsible for such cleaning and disinfection. If a car in which such animals have been moved interstate is removed from destination or unloading point without being cleaned and disinfected in accordance with the regulations in this subchapter, the final carrier shall, upon receiving notice from a Division inspector that such car has contained such animals or animals carrying the infection of such disease, locate said car on its own or other lines, and have the same moved to a point where Division inspection is maintained and proper facilities are provided for cleaning and disinfecting cars, and have such car cleaned and disinfected under Division supervision. Such final carrier shall keep the Division informed as to the location of said car until the same has been so cleaned and disinfected: Provided, That if said final carrier is what is known as a terminal railroad, and said car or cars shall have been delivered by such final carrier to the railroad from which it received said car or cars, such final carrier shall, upon receiving notice from a Division inspector that such car has contained such animals, inform the Division of the name of the railroad to |