time of vaccination to the appropriate State or Federal agency cooperating in the eradication of brucellosis: Provided, however, That a bovine animal vaccinated prior to January 1, 1968, in accordance with the existing definition of an official vaccinate as set forth in this Part at the time of vaccination, shall be deemed to be an official vaccinate.1 [28 F.R. 5933, June 13, 1963, as amended at 31 F.R. 2473, Feb. 8, 1966; 32 F.R. 8752, June 20, 1967; 34 F.R. 14639, Sept. 20, 1969] § 51.2 Payment to owners for cattle destroyed. (a) Brucellosis. Owners of cattle which are destroyed because of brucellosis may be paid an indemnity by the Department for each animal so destroyed not to exceed $50 for any grade animal or $100 for any purebred animal 1 except in Alaska, Hawaii, Puerto Rico, and the Virgin Islands where no payment for any animal destroyed shall exceed $100. Appraisals and reports of salvage are not required. Proof of slaughter is required. Post-mortem reports will be accepted as proof of slaughter. (b) Tuberculosis and paratuberculosis. Owners of cattle which are destroyed because of tuberculosis and paratuberculosis may be paid an indemnity by the Department not to exceed 90 percent of the difference between the appraised value of each animal so destroyed and the net salvage received by the owner: Provided, That no such payment shall exceed $350: And provided, further, That any joint State-Federal indemnity payments, plus salvage, do not exceed the appraised value of the animals." (c) Tuberculosis. The Deputy Administrator may authorize the payment of indemnity to owners of cattle which are destroyed because of tuberculosis not to exceed $100 for any grade animal or $200 for any purebred animal which has been found to be exposed, is a part of a known infected herd, and it has been determined by the Deputy Administrator that the destruction of all cattle in the 2 1 See 28 F.R. 5933 and 5956 regarding such existing definition. 2 Cattle presented for payment as purebred shall be accompanied by their registration papers, or shall be paid for as grades: Provided, however, That if the registration papers are temporarily not available or if the cattle are less than 3 years old and unregistered, the appropriate Veterinarian in Charge may grant a reasonable time for the presentation of their registration papers. When any cattle in a herd are classified by Veterinary Services or State representative as reactors to test for brucellosis, tuberculosis, or paratuberculosis, a complete test record shall be made by such representative for such herd, including the reactor tag number of each reacting animal and the registration name and number of each reacting purebred animal. In the case of any herd having any reactor to a brucellosis test, the record shall be shown on ANH Form 4-33 or acceptable form furnished by the State. ANH Form 6-22 or acceptable form furnished by the State shall be used for the record of any herd having any reactor to a tuberculosis or paratuberculosis test. A copy of the applicable test record shall be given to the owner of any such herd, and one copy of each such record shall be furnished to the appropriate Veterinarian in Charge. [28 F.R. 5933, June 13, 1963, as amended at 33 F.R. 10785, July 30, 1968] Cattle to be destroyed because of tuberculosis under § 51.2(c) shall be appraised by a Veterinary Services or State representative. When thus appraised, due consideration shall be given to their breeding value as well as to their dairy or meat value. Cattle presented for appraisal as purebred shall be accompanied by their registration papers at the time of the appraisal or they shall be appraised as grade cattle: Provided, however, That if registration papers are temporarily not available or if the cattle are less than 3 years old and unregistered, the appropriate Veterinarian in Charge may grant a reasonable time for the presentation of their registration papers to the appraiser or to the Veterinarian in Charge. The one receiving the papers shall be responsible for their verification. Veterinary Services may decline to accept any appraisal that appears to be unreasonable or out of proportion to the market value of cattle of like quality. [33 F.R. 10785, July 30, 1968] § 51.5 Report of appraisals. Appraisals made in accordance with § 51.4 shall be recorded by the appraiser on TE Form 23 which shall also show the reactor tag number of each reacting animal and whether the animal is purebred or grade. At the time of appraisal, the TE Form 23 shall be signed by the appraiser, and by the owner certifying his acceptance of the appraisal. The original of the TE Form 23 and as many copies thereof as may be required for Veterinary Services, the State, and the owner of the cattle, shall be sent to the appropriate Veterinarian in Charge. § 51.6 Time limit for slaughter. (a) Tuberculosis and paratuberculosis. Payment of indemnity will be made under this part for cattle destroyed because of tuberculosis or paratuberculosis only if the animals are slaughtered or die otherwise within 15 days after the date of appraisal, except that the appropriate Veterinarian in Charge, for reasons satisfactory to him, may extend the period beyond 15 days. (b) Brucellosis. Payment of indemnity will be made under this part for cattle destroyed because of brucellosis only if the animals are slaughtered or die otherwise within 15 days after date of marking for identification as required under the provisions of § 51.9(1). The appropriate Veterinarian in Charge may, for reasons satisfactory to him, extend the 15-day period provided for disposition of cattle identified for slaughter under this subsection. [37 F.R. 3507, Feb. 17, 1972, as amended at 37 F.R. 11855, June 15, 1972] § 51.7 Report of salvage proceeds. A report of the salvage derived from the sale of each animal on which a claim for indemnity may be made under the provisions of § 51.2(c) shall be made on ANH Form 1–24, or acceptable form furnished by the purchaser or selling agent, which shall be signed by the purchaser or his agent or by the selling agent handling the cattle. If the cattle are sold by the pound, the ANH Form 1-24 shall show the weight, price per pound, gross receipts, expenses if any, and net proceeds. If the cattle are not sold on a per pound basis, the net purchase price of each animal must be stated on the ANH Form 1-24 and an explanation showing how the amount was arrived at must be submitted. In the event the cattle are not disposed of through regular slaughterers or through selling agents, the owner shall furnish, in lieu of ANH Form 1-24, an affidavit showing the amount of salvage obtained by him and shall certify that such amount is all that he has received or will receive as salvage for said cattle. In an emergency, a certificate executed by the appropriate Veterinarian in Charge will be acceptable in lieu of the owner's affidavit. The salvage shall be considered to be the net amount received for an animal after deducting freight, truckage, yardage, commissions, slaughtering charges, and similar costs. No charges for holding cattle on the farm pending slaughter or for trucking by the owner shall be so deducted or otherwise paid by the Department. The original of ANH Form 1-24 or acceptable form furnished by the purchaser or selling agent, or the affidavit of the owner or certificate of the appropriate Veterinarian in Charge, furnished in lieu thereof, shall be furnished to the Veterinarian in Charge if it is not already in his possession. Additional copies may be furnished to the State officials, if required. [28 F.R. 5933, June 13, 1963, as amended at 33 F.R. 10786, July 30, 1968] § 51.8 Claims for indemnity. Claims for indemnity for cattle destroyed because of brucellosis, tuberculosis, or paratuberculosis shall be presented on ANH Form 1-23 on which the owner of the cattle 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, ANH Form 1-23 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. Payment will be made only if ANH Form 1-23 has been approved by a proper State official and if payment of the claim has been recommended by the appropriate Veterinarian in Charge or an official designated by him. On claims for indemnity made under the provisions of § 51.2(c), the Veterinarian in Charge or official designated by him shall record on the ANH Form 1-23 the salvage value of the cattle destroyed and the amount of Federal and State indemnity payments that appears to be due to the owner of the cattle. The owner of the cattle shall be furnished a copy of ANH Form 1-23. The Veterinarian in Charge or official designated by him shall then forward ANH Form 1-23 to the appropriate official for further action on the claim. [33 F.R. 10876, July 30, 1968] § 51.9 Claims not allowed. Claims for compensation for cattle destroyed because of brucellosis, tuberculosis, or paratuberculosis shall not be allowed if any of the following circumstances exist: (a) If the claimant has failed to comply with any of the requirements of this part. (b) If the cattle are classified as affected with tuberculosis or paratuberculosis on the basis of a test, unless the existence of the disease in the cattle was determined as the result of a tuberculosis or johnin test applied by a Veterinary Services, State, or Accredited veterinarian; or if the cattle are classified as affected with brucellosis, unless the existence of the disease in the cattle was determined as the result of an agglutination or other test approved by the Deputy Administrator, Veterinary Services applied by such a veterinarian, or by a nonveterinary technician under the supervision of a Veterinary Services or State veterinarian. (c) If the existence of any such disease in the cattle was determined as the result of a tuberculin, Johnin, or agglutination test applied by an accredited veterinarian and specific instructions for the administration of such test had not previously been issued to such veterinarian in writing by the proper Veterlnary Services and State authorities. (d) If the cattle are classified as affected with tuberculosis or paratuberculosis or brucellosis unless such cattle (1) reacted to the tuberculin or johnin test or revealed lesions of either disease upon autopsy or (2) reacted to the agglutination or other test for brucellosis approved by the Deputy Administrator, Veterinary Services or (3) are found to be exposed, are part of a known infected herd, and it has been determined by the Deputy Administrator, Veterinary Services that destruction of the cattle will contribute to the tuberculosis or paratuberculosis or brucellosis eradication program: Provided, That in the case of cattle classified as affected with tuberculosis under (3) above, all such cattle shall be moved direct to slaughter from the premises where exposed. (e) If, at the time of test or condemnation, the cattle belonged to or were upon the premises of any person to whom they had been sold, shipped, or delivered for slaughter. (f) If, at the time of the condemnation of the cattle for brucellosis, tuberculosis or paratuberculosis, the cattle were not in a State in which cooperative eradication work was being conducted with respect to such disease. (g) [Reserved] (h) If any part of the claimant's herd has not been tested under Veterinary Services 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 Veterinary Services. (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 Veterinary Services in accordance with recommendations of the proper State and Veterinary Services 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 within 15 days after being classified as reactors or of otherwise being condemned for brucellosis 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. The appropriate Veterinarian in Charge, for reasons satisfactory to him, may extend the 15-day period for identification. (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 Veterinary Services approved tests show the vaccinates are affected with virulent Brucellae. (n) [Reserved] (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. [28 F.R. 5923, June 13, 1963, as amended at 30 F.R. 7596, June 11, 1965; 33 F.R. 10786, July 30, 1968; 37 F.R. 3507, Feb. 17, 1972; 37 F.R. 12307, June 22, 1972; 37 F.R. 22370, Oct. 19, 1972] § 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. be determined by the complement-fixation test applied in the laboratory of Veterinary Services. (b) Appraisal; by whom to be made. The animal shall be appraised at its actual value by a Veterinary Services 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 "Veterinary Services" means the Veterinary Services unit of the Animal and Plant Health Inspection 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 FR. 5935, June 13, 1963; 36 F.R. 24928, Dec. 24, 1971] 53.8 53.9 53.10 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; 36 F.R. 24928, Dec. 24, 1971, 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 delegated, to act in his stead. (c) "Veterinary Services" means the Veterinary Services unit of the Animal and Plant Health Inspection Service, United States Department of Agriculture. (d) "Veterinary Services employee" means any inspector or other individual employed in the division who is authorized by the Deputy Administrator, Veterinary Services 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 Veterinary Services who is designated by the Deputy Administrator, Veterinary Services 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 industry of the country; or any other communicable disease of livestock or poultry referred to in this paragraph: The communicable disease of poultry presently existing in the States of California, Florida, New Mexico, and Texas and diagnosed as exotic Newcastledisease, at the time of slaughter, on the basis of clinical or laboratory evidence, by a Veterinary Services employee or a representative of the particular State involved. (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 offcer, 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. (k) "Animals"-Livestock, poultry, and all other members of the animal kingdom including birds, whether domesticated or wild, but not including man. [28 F.R. 5935, June 13, 1963, as amended at 32 F.R. 2427, Feb. 4, 1967; 36 F.R. 23995, Dec. 17, 1971; 36 F.R. 25217, Dec. 30, 1971] § 53.2 Determination of existence of disease; agreements with States. (a) The Director of Division is hereby authorized to invite the proper State 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 50 percent (and in the case of exotic Newcastle disease up to 100 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, however, That if the animals were exposed to such disease prior to or during interstate movement and are not eligible to receive indemnity from any State, the Department may pay up to 100 percent of the purchase, destruction, and disposition of animals and materials required to be destroyed: Provided, further, That the cooperative program for the purchase, destruction, and disposition of birds shall be limited to birds as referred to in § 82.2(a) of this chapter, and which are identified in documentation pursuant to Cooperative |