Cooperative Control and Eradication of Livestock or Poultry Diseases (9 CFR 49.1-56.10)

148 SUBCHAPTER B—COOPERATIVE CONTROL AND ERADICATION OF LIVESTOCK OR POULTRY DISEASES PART 49—RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER CERTAIN ACTS Subpart A—General Sec. 49.1 Scope and applicability of rules of prac tice. Subpart B—Supplemental Rules of Practice 49.10 Stipulations. AUTHORITY: 7 U.S.C. 8301–8317; 7 CFR 2.22, 2.80, and 371.4. SOURCE: 48 FR 30094, June 30, 1983, unless otherwise noted. Subpart A—General § 49.1 Scope and applicability of rules of practice. The Uniform Rules of Practice for the Department of Agriculture promul gated in subpart H of part 1, subtitle A, title 7, Code of Federal Regulations, are the Rules of Practice applicable to adjudicatory, administrative pro ceedings under the following statutory provisions: Act of May 29, 1884, commonly known as the Animal Industry Act, section 7, as amend ed (21 U.S.C. 117), Act of February 2, 1903, commonly known as the Cattle Contagious Diseases Act of 1903, section 3, as amended (21 U.S.C. 122), Act of March 3, 1905, Section 6, as amended (21 U.S.C. 127), Act of July 2, 1962, section 6(a), as amended (21 U.S.C. 134e). The Animal Health Protection Act (7 U.S.C. 8301 et seq.) In addition, the Supplemental Rules of Practice set forth in subpart B of this part shall be applicable to such pro ceedings. [48 FR 30094, June 30, 1983, as amended at 68 FR 6342, Feb. 7, 2003] Subpart B—Supplemental Rules of Practice § 49.10 Stipulations. (a) At any time prior to the issuance of a complaint seeking a civil penalty under any of the Acts listed in § 49.1, the Administrator, in his discretion, may enter into a stipulation with any person in which: (1) The Administrator or the Admin istrator’s delegate gives notice of an apparent violation of the applicable Act, or the regulations issued there under, by such person and affords such person an opportunity for a hearing re garding the matter as provided by such Act; (2) Such person expressly waives hearing and agrees to pay a specified penalty within a designated time; and (3) The Administrator agrees to ac cept the penalty in settlement of the particular matter involved if the pen alty is paid within the designated time. (b) If the penalty is not paid within the time designated in such a stipula tion, the amount of the stipulated pen alty shall not be relevant in any re spect to the penalty which may be as sessed after issuance of a complaint. PART 50—ANIMALS DESTROYED BECAUSE OF TUBERCULOSIS Sec. 50.1 Definitions. Subpart A—General Indemnity 50.2 Applicability of this subpart; coopera tion with States. 50.3 Payment to owners for animals de stroyed. 50.4 Classification of cattle, bison, captive cervids, and other livestock as infected, exposed, or suspect. 50.5 Record of tests. 50.6 Identification of animals to be de stroyed because of tuberculosis. 50.7 Destruction of animals. 50.8 Payment of expenses for transporting and disposing of infected, exposed, and suspect animals. 50.9 Appraisals. 50.10 Report of appraisals. VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00158 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 149 Animal and Plant Health Inspection Service, USDA § 50.1 50.11 Report of salvage proceeds. 50.12 Claims for indemnity. 50.13 Disinfection of premises, conveyances, and materials. 50.14 Claims not allowed. 50.15–50.16 [Reserved] Subpart B—Dairy Cattle and Facilities in the El Paso, Texas, Region 50.17 Payment. 50.18 Identification and disposal of cattle. 50.19 Report of salvage proceeds. 50.20 Claims for payment. 50.21 Schedule of payments. 50.22 Claims not allowed. AUTHORITY: 7 U.S.C. 8301–8317; 7 CFR 2.22, 2.80, and 371.4. SOURCE: 40 FR 27009, June 26, 1975, unless otherwise noted. § 50.1 Definitions. For the purposes of this part, the fol lowing terms mean: Accredited veterinarian. A veteri narian approved by the Administrator in accordance with the provisions of part 161 of this title to perform func tions specified in parts 1, 2, 3, and 11 of subchapter A, and subchapters B, C, and D of this chapter, and to perform functions required by cooperative State-Federal disease control and eradication programs. Administrator. The Administrator, Animal and Plant Health Inspection Service, or any person authorized to act for the Administrator. Animal and Plant Health Inspection Service. The Animal and Plant Health Inspection Service of the United States Department of Agriculture (APHIS). APHIS representative. A veterinarian or other person employed by APHIS in animal health activities, who is au thorized to perform the function in volved. Approved herd plan. A herd manage ment and testing plan based on the dis ease history and movement patterns of an individual herd, designed by the herd owner and a State representative or APHIS representative to determine the disease status of livestock in the herd and to eradicate tuberculosis within the herd. The plan must be jointly approved by the State animal health official and the Veterinarian in Charge. Captive cervid. All species of deer, elk, moose, and all other members of the family Cervidae raised or maintained in captivity for the production of meat and other agricultural products, for sport, or for exhibition, including time such animals are moved interstate; or any wild cervid that is moved inter state, during the period of time from capture until release into the wild. A captive cervid that escapes will con tinue to be considered a captive cervid as long as it bears an official eartag or other identification approved by the Administrator as unique and traceable with which to trace the animal back to its herd of origin. Department. The United States De partment of Agriculture. Designated tuberculosis epidemiologist (DTE). A State or Federal epidemiolo gist designated by the Administrator to make decisions concerning the use and interpretation of diagnostic tests for tuberculosis and the management of tuberculosis affected herds. A DTE has the responsibility to determine the scope of epidemiologic investigations, determine the status of animals and herds, assist in the development of in dividual herd plans, and coordinate dis ease surveillance and eradication pro grams within the geographic area of the DTE’s responsibility. Destroyed. Condemned under State authority and destroyed by slaughter or by death otherwise. Heifer. A female dairy cow that has not given birth. Herd. Except for livestock assembled at feedlots, any group of livestock maintained for at least 4 months on common ground for any purpose, or two or more groups of livestock under common ownership or supervision, geo graphically separated but that have an interchange or movement of livestock without regard to health status, as de termined by the Administrator. Herd depopulation. Removal by slaughter or other means of destruc tion of all cattle, bison, and captive cervids in a herd, as well as any other exposed livestock in the herd, prior to restocking with new livestock. Livestock. Cattle, bison, captive cervids, swine, dairy goats, and other hoofed animals (such as llamas, al pacas, and antelope) raised or main tained in captivity for the production VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00159 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 150 9 CFR Ch. I (1–1–18 Edition) § 50.2 of meat and other products, for sport, or for exhibition. Milking cow. A female dairy cow that has given birth and is being used for milk production. Mortgage. Any mortgage, lien or other security or interest that is re corded under State law or identified in the indemnity claim form filed under § 50.12 and held by any person other than the one claiming indemnity. Net salvage. The amount received for animals destroyed because of tuber culosis, after deducting freight, truck ing, yardage, commission, slaughtering charges, and similar costs to the owner. Owner. Any person who has a legal or rightful title to livestock whether or not they are subject to a mortgage. Permit. A permit for movement of livestock directly to slaughter, listing the disease status and identification of the animal, where consigned, cleaning and disinfection requirements, and proof of slaughter certification. Person. Any individual, corporation, company, association, firm, partner ship, society, or joint stock company, or any organized group of any of the foregoing. Quarantined feedlot. A confined area under the direct supervision and con trol of a State livestock official who shall establish procedures for the ac counting of all livestock entering or leaving the area. The quarantined feed lot shall be maintained for finish feed ing of livestock in drylot with no pro vision for pasturing and grazing. All livestock leaving such feedlot must only move directly to slaughter in ac cordance with established procedures for handling quarantined livestock. Reactor cattle, bison, and captive cervids. Cattle, bison, and captive cervids are classified as reactors for tu berculosis in accordance with the ‘‘Uniform Methods and Rules Bovine Tuberculosis Eradication,’’ based on a positive response to an official tuber culin test. Registered livestock. Livestock for which individual records of ancestry are maintained, and for which indi vidual registration certificates are issued and recorded by a recognized breed association whose purpose is the improvement of the breed. State. Any State, territory, the Dis trict of Columbia, or Puerto Rico. State animal health official. The indi vidual employed by a State who is re sponsible for livestock and poultry dis ease control and eradication programs in that State. State representative. A veterinarian or other person who is employed in live stock sanitary work of a State or a po litical subdivision of a State and who is authorized by the State or political subdivision to perform the function in volved under a memorandum of under standing with the Department. Tuberculosis. The contagious, infec tious, and communicable disease caused by Mycobacterium bovis. Veterinarian in Charge. The veteri nary official of APHIS who is assigned by the Administrator to supervise and perform official animal health work of APHIS in the State concerned. [40 FR 27009, June 26, 1975, as amended at 45 FR 32287, May 16, 1980; 51 FR 33735, Sept. 23, 1986; 52 FR 1317, Jan. 13, 1987; 52 FR 39614, Oct. 23, 1987; 56 FR 36998, Aug. 2, 1991; 58 FR 34698, June 29, 1993; 60 FR 37808, July 24, 1995; 63 FR 34263, June 24, 1998; 63 FR 72122, Dec. 31, 1998; 67 FR 7590, Feb. 20, 2002; 67 FR 48750, July 26, 2002] Subpart A—General Indemnity § 50.2 Applicability of this subpart; co operation with States. (a) The provisions of this subpart apply to all payments made by the De partment for the destruction of ani mals because of tuberculosis, except as specifically provided in subpart B of this part. (b) The Administrator cooperates with the proper State authorities in the eradication of tuberculosis and pays Federal indemnities for the de struction of cattle, bison, captive cervids, or swine affected with or ex posed to tuberculosis. [67 FR 48751, July 26, 2002] § 50.3 Payment to owners for animals destroyed. (a) The Administrator is authorized to agree on the part of the Department to pay indemnity to owners of the fol lowing animals: VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00160 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 151 Animal and Plant Health Inspection Service, USDA § 50.6 (1) Cattle, bison, or captive cervids destroyed because the animals are in fected with or exposed to tuberculosis; (2) Cattle, bison, or captive cervids that have been classified as suspect for tuberculosis, except that the payment of indemnity for the destruction of sus pect cattle, bison, and captive cervids will be withheld until the tuberculosis status of the suspect animal has been determined and, if the cattle, bison, or captive cervid is found to be infected with tuberculosis, until all cattle, bison, and captive cervids 12 months of age or older in the claimant’s herd have been tested for tuberculosis under APHIS or State supervision; and (3) Other livestock destroyed because they are classified as exposed to tuber culosis by the designated tuberculosis epidemiologist by reason of an associa tion with an affected herd of cattle, bison, or captive cervids. (b) In each case, the joint State-Fed eral indemnity paid, together with the amount for net salvage the owner re ceives, may not exceed the appraised value of the animal, as determined in accordance with § 50.9. Additionally, the Department will in no case pay more than $3,000 for an animal that is destroyed. [67 FR 7591, Feb. 20, 2002] § 50.4 Classification of cattle, bison, captive cervids, and other livestock as infected, exposed, or suspect. (a) Cattle, bison, and captive cervids are classified as infected with tuber culosis on the basis of an intradermal tuberculin test applied by a Federal, State, or an accredited veterinarian or by other diagnostic procedure approved in advance by the Administrator. (b) Cattle, bison, and captive cervids are classified as exposed to tuber culosis when such cattle, bison, and captive cervids (1) are part of a known infected herd, or (2) are found to have moved from an infected herd before the time infection was disclosed in such herd and after the time such herd had apparently become infected, or (3) are found to have been exposed by virtue of nursing a reactor dam: Provided, That cattle, bison, and captive cervids clas sified as exposed to tuberculosis shall be removed direct to slaughter. (c) Cattle and bison are classified as suspects for tuberculosis based on a positive response to an official tuber culin test, in accordance with the ‘‘Uniform Methods and Rules—Bovine Tuberculosis Eradication’’ (incor porated into the regulations by ref erence in part 77). Captive cervids are classified as suspects for tuberculosis in the same manner as cattle and bison. (d) The designated tuberculosis epi demiologist will determine whether livestock other than cattle, bison, or captive cervids are classified as ex posed to tuberculosis by reason of asso ciation with an affected herd of cattle, bison, or captive cervids. [40 FR 27009, June 26, 1975, as amended at 52 FR 39614, Oct. 23, 1987; 56 FR 36998, Aug. 2, 1991; 60 FR 37809, July 24, 1995; 63 FR 34264, June 24, 1998; 67 FR 7591, Feb. 20, 2002] § 50.5 Record of tests. When any cattle, bison, or captive cervid in a herd is classified by an APHIS or State representative or ac credited veterinarian as a reactor to a test for tuberculosis, a complete test record shall be made for such herd, in cluding the reactor tag number of each reacting animal and the registration name and number of each reacting reg istered animal. VS Form 6–22 or an equivalent State form shall be used for the record of any herd having any reac tor to a tuberculin 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 fur nished to the appropriate State veteri narian’s office. [40 FR 27009, June 26, 1975, as amended at 52 FR 39614, Oct. 23, 1987; 56 FR 36998, Aug. 2, 1991; 60 FR 37809, July 24, 1995; 63 FR 34264, June 24, 1998] § 50.6 Identification of animals to be destroyed because of tuberculosis. (a) Livestock to be destroyed because of tuberculosis must be identified as follows: (1) Livestock classified as reactors for tuberculosis must be identified within 15 days after being classified as reactors, except that the veterinarian in charge may extend the time limit for identification to 30 days when he or VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00161 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 152 9 CFR Ch. I (1–1–18 Edition) § 50.7 she receives a request for such an ex tension prior to the expiration date of the original 15-day period allowed and circumstances beyond the control of the owner warrant such an extension, and the Administrator may extend the time limit for identification beyond 30 days upon request in specific cases when circumstances beyond the control of the owner warrant such an exten sion. (2) Livestock other than reactors for tuberculosis that are to be destroyed because of tuberculosis must be identi fied prior to movement from the prem ises of origin to the place of destruc tion. (b) Reactor cattle, bison, and captive cervids. Reactor cattle, bison, and cap tive cervids must be identified by branding the letter ‘‘T,’’ at least 5 by 5 centimeters (2 by 2 inches) in size, high on the left hip near the tailhead and by attaching to the left ear an approved metal eartag bearing a serial number and the inscription ‘‘U.S. Reactor,’’ or a similar State reactor tag. Reactor cattle, bison, and captive cervids may be moved interstate to slaughter with out branding if they are permanently identified by the letters ‘‘TB’’ tattooed legibly in the left ear, they are sprayed on the left ear with yellow paint, and they are either accompanied by an APHIS or State representative or moved directly to slaughter in vehicles closed with official seals. The official seals must be applied and removed by an APHIS representative, State rep resentative, accredited veterinarian, or an individual authorized for this pur pose by an APHIS representative. (c) Exposed cattle, bison, and captive cervids. Exposed cattle, bison, and cap tive cervids must be identified by branding the letter ‘‘S,’’ at least 5 by 5 centimeters (2 by 2 inches) in size, high on the left hip near the tailhead and by attaching to either ear an approved metal eartag bearing a serial number. Exposed cattle, bison, and captive cervids may be moved interstate to slaughter without branding if they are either accompanied by an APHIS or State representative or moved directly to slaughter in vehicles closed with of ficial seals. The official seals must be applied and removed by an APHIS rep resentative, State representative, ac credited veterinarian, or an individual authorized for this purpose by an APHIS representative. (d) Other exposed livestock. Livestock other than cattle, bison, or captive cervids that are destroyed under the provisions of § 50.3 must be identified by tagging with a serially numbered metal eartag attached to either ear. All such animals to be destroyed must be transported to the place of destruc tion in vehicles closed with seals pro vided by APHIS or shall be accom panied to the place of destruction by an APHIS or State representative: Pro vided, however, that animals destroyed and disposed of under the direct super vision of an APHIS or State represent ative on the premises where they were exposed do not require individual iden tification. [67 FR 7591, Feb. 20, 2002] § 50.7 Destruction of animals. (a) Slaughter or disposal. Livestock to be destroyed because of tuberculosis must be shipped direct to slaughter under permit to a Federal or State in spected slaughtering establishment or be disposed of by rendering, burial, or incinerating in an approved manner under supervision of an APHIS or State employee. (b) Time limit for destruction of ani mals. Livestock for which Federal in demnity may be paid because of tuber culosis must be destroyed and carcass disposal completed within 15 days after the date of appraisal, except that the appropriate Veterinarian in Charge, for reasons satisfactory to him, may ex tend the time limit for slaughter to 30 days when request for such extension is received by him prior to the expiration of the original 15-day period allowed, and the Administrator may extend the time limit for slaughter beyond 30 days, upon request in specific cases and for reasons satisfactory to him. (Approved by the Office of Management and Budget under control number 0579–0051) [40 FR 27009, June 26, 1975, as amended at 45 FR 32287, May 16, 1980; 52 FR 39614, Oct. 23, 1987; 56 FR 36998, Aug. 2, 1991; 60 FR 37809, July 24, 1995; 63 FR 34264, June 24, 1998; 67 FR 7591, Feb. 20, 2002] VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00162 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 153 Animal and Plant Health Inspection Service, USDA § 50.11 § 50.8 Payment of expenses for trans porting and disposing of infected, exposed, and suspect animals. The Department may pay, when ap proved in advance in writing by the Veterinarian in Charge, one half the expenses of transporting infected, ex posed, or suspect livestock to slaughter or to the point where disposal will take place, and one half the expenses of de stroying, burying, incinerating, ren dering, or otherwise disposing of in fected, exposed, or suspect livestock; Provided that, the Department may pay more than one-half of the expenses when the Administrator determines that doing so will contribute to the tu berculosis eradication program. For re imbursement to be made, the owner of the animals must present the Veteri narian in Charge with a copy of either a receipt for expenses paid or a bill for services rendered. Any bill for services rendered by the owner must not be greater than the normal fee for similar services provided by a commercial hauler or renderer. [62 FR 49592, Sept. 23, 1997, as amended at 63 FR 34264, June 24, 1998; 67 FR 7591, Feb. 20, 2002] § 50.9 Appraisals. (a) Livestock to be destroyed because of tuberculosis under § 50.3 must be ap praised within 15 days after being clas sified as infected with tuberculosis, ex cept that the veterinarian in charge may extend the time limit for ap praisal to 30 days when he or she re ceives a request for such an extension before the end of the expiration date of the original 15-day period allowed and circumstances beyond the control of the owner warrant such an extension, and the Administrator may extend the time limit for appraisal beyond 30 days upon request in specific cases when cir cumstances beyond the control of the owner warrant such an extension. (b) Animals for which indemnity is to be paid under this part must be ap praised at their fair market value by an appraiser selected by APHIS. APHIS may decline to accept any appraisal that appears to it to be unreasonable or out of proportion to the value of like animals of a like quality. Should the appraisal made by the appraiser se lected by APHIS be deemed inadequate by the owner of the animals, the owner will have 15 days from the receipt of the appraisal to submit to the Admin istrator a request for a review of the appraisal, along with the reasons why the animals should be appraised at a higher value. The decision by the Ad ministrator regarding the value of the animals is final. (c) When livestock to be destroyed because of tuberculosis are appraised, due consideration will be given to their breeding value as well as to their dairy or meat value. Livestock presented for payment as registered must be accom panied by their registration papers. If the registration papers are temporarily not available, or if the livestock are less than 3 years old and unregistered, the veterinarian in charge may grant a reasonable time for the presentation of their registration papers. [67 FR 7591, Feb. 20, 2002] § 50.10 Report of appraisals. Appraisals of livestock made in ac cordance with § 50.9 shall be recorded on forms furnished by APHIS. The ap praisal form shall be signed by the ap praiser and by the owner certifying his acceptance of the appraisal. The ‘‘date of appraisal’’ shall be the date that the owner signs the appraisal form. The original of the appraisal form and as many copies thereof as may be required for APHIS, the State, and the owner of the animals shall be sent to the appro priate Veterinarian in Charge. [40 FR 27009, June 26, 1975, as amended at 52 FR 39614, Oct. 23, 1987; 56 FR 36998, Aug. 2, 1991; 60 FR 37809, July 24, 1995; 63 FR 34264, June 24, 1998; 67 FR 7592, Feb. 20, 2002] § 50.11 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 § 50.3 shall be made on a salvage form acceptable to APHIS which shall be signed by the purchaser or his agent or by the selling agent handling the animals. If the live stock are sold by the pound, the sal vage form shall show the weight, price per pound, gross receipts, expenses if any, and net proceeds. If the livestock are not sold on a per pound basis, the net purchase price of each animal must VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00163 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 154 9 CFR Ch. I (1–1–18 Edition) § 50.12 be stated on the salvage form and an explanation showing how the amount was arrived at must be submitted. In the event the animals are not disposed of through regular slaughterers or through selling agents, the owner shall furnish, in lieu of the salvage form, an affidavit showing the amount of sal vage obtained by him and shall certify that such amount is all that he has re ceived or will receive as salvage for said animals. In an emergency, a cer tificate executed by the appropriate Veterinarian in Charge will be accept able 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, yard age, commission, slaughtering charges, and similar costs. The original of the salvage form 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 al ready in his possession. Additional cop ies may be furnished to the State offi cials, if required. Destruction of live stock by burial, incineration or other disposal of carcasses shall be super vised by an APHIS or State representa tive who shall prepare and transmit to the Veterinarian in Charge a report identifying the animals and showing the disposition thereof. (Approved by the Office of Management and Budget under control number 0579–0001) [40 FR 27009, June 26, 1975, as amended at 48 FR FR 57471, Dec. 30, 1983; 52 FR 39614, Oct. 23, 1987; 56 FR 36998, Aug. 2, 1991; 60 FR 37809, July 24, 1995; 63 FR 34264, June 24, 1998; 67 FR 7592, Feb. 20, 2002] § 50.12 Claims for indemnity. Claims for Federal indemnity for livestock destroyed because of tuber culosis shall be presented on indemnity claim forms furnished by APHIS on which the owner of the animals covered thereby shall certify that the animals are or are not, subject to any mortgage as defined in this Part. If the owner states there is a mortgage, the APHIS indemnity claim form shall be signed by the owner and by each person hold ing a mortgage on the animals con senting to the payment of any indem nity allowed to the person specified thereon. Payment will be made only if the APHIS indemnity claim form has been approved by a proper State offi cial and if payment of the claim has been recommended by the appropriate Veterinarian in Charge or an official designated by him. On claims for in demnity made under the provisions of § 50.3, the Veterinarian in Charge or of ficial designated by him shall record on the APHIS indemnity claim form the amount of Federal and State indem nity payments that appear to be due to the owner of the animals. The owner of the animals shall be furnished a copy of the APHIS indemnity claim form. The Veterinarian in Charge or official designated by him shall then forward the APHIS indemnity claim form to the appropriate official for further ac tion on the claim. No charges for hold ing the livestock on the farm pending slaughter or for trucking by the owner shall be so deducted or otherwise paid by the Department. [40 FR 27009, June 26, 1975, as amended at 52 FR 39614, Oct. 23, 1987; 56 FR 36998, Aug. 2, 1991; 60 FR 37809, July 24, 1995; 63 FR 34264, June 24, 1998; 67 FR 7592, Feb. 20, 2002] § 50.13 Disinfection of premises, con veyances, and materials. All premises, including all struc tures, holding facilities, conveyances, or materials which are determined by the appropriate Veterinarian in Charge to constitute a health hazard to hu mans or animals because of tuber culosis shall be properly cleaned and disinfected, in accordance with proce dures approved by the Department, within 15 days after the removal of tu berculosis infected or exposed livestock except that the Veterinarian in Charge, for reasons satisfactory to him, may extend the time limit for disinfection to 30 days when request for such exten sion is received by him prior to the ex piration date of the original 15-day pe riod allowed. [40 FR 27009, June 26, 1975, as amended at 52 FR 39614, Oct. 23, 1987; 60 FR 37809, July 24, 1995; 67 FR 7592, Feb. 20, 2002] § 50.14 Claims not allowed. Claims for compensation for live stock destroyed because of tuberculosis will not be allowed in any of the fol lowing cases: VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00164 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 155 Animal and Plant Health Inspection Service, USDA § 50.17 (a) The claimant has failed to comply with any of the requirements of this part: (b) All cattle, bison, and captive cervids 12 months of age or over in the claimant’s herd have not been tested for tuberculosis under APHIS or State supervision: Provided, however, that cattle, bison, and captive cervids de stroyed because of tuberculosis are ex empt from this testing requirement if the cattle, bison, and captive cervids are subjected to a postmortem exam ination for tuberculosis by a Federal or State veterinarian. (c) There is substantial evidence that the owner of the animals or the agent of the owner has in any way been re sponsible for any attempt to obtain in demnity funds for the animals unlaw fully or improperly. (d) At the time the cattle, bison, or captive cervids in the claimant’s herd were tested for tuberculosis, the cattle, bison, captive cervids, or other live stock in the herd belonged to or were on the premises of any person to whom they had been sold, shipped, or deliv ered for slaughter unless or until all of the cattle, bison, captive cervids, and other livestock remaining on the prem ises or in the herd from which the test ed cattle, bison, or captive cervids originated are tested or otherwise ex amined for tuberculosis in a manner satisfactory to the Administrator or his or her designated representative. (e) If the cattle, bison, or captive cervids were added to a herd while the herd was quarantined for tuberculosis, unless an approved herd plan was in ef fect at the time the claim was filed. As part of the approved herd plan, cattle, bison, or captive cervids added to a herd quarantined for tuberculosis must: (1) Be from an accredited herd, as de fined in § 77.1 of this chapter; or (2)(i) Be from a herd that tested nega tive to an official tuberculin test, as defined in § 77.1 of this chapter, during the 60 days before the cattle, bison, or captive cervids were added to the claimant’s herd; and (ii) Have been found negative to an official tuberculin test, as defined in § 77.1 of this chapter, during the 60 days before the cattle, bison, or captive cervids were added to the claimant’s herd. (f) For exposed cattle, bison, or cap tive cervids destroyed during herd de population, if a designated tuberculosis epidemiologist has determined that other livestock in the herd have been exposed to tuberculosis by reason of as sociation with tuberculous livestock, and those other livestock determined to have been exposed to tuberculosis have not been destroyed. (g) For livestock other than cattle, bison, and captive cervids that are de stroyed because of association with herds of affected cattle, bison, or cap tive cervids: (1) If the livestock did not reside among the herd for a period of 4 months or more; (2) If the livestock have not received a postmortem examination for tuber culosis; or (3) If the livestock were added to a herd that was under quarantine for tu berculosis at the time the livestock were added to the herd, unless an ap proved herd plan was in effect at that time. [67 FR 7592, Feb. 20, 2002] §§ 50.15–50.16 [Reserved] Subpart B—Dairy Cattle and Fa cilities in the El Paso, Texas, Region SOURCE: 67 FR 48751, July 26, 2002, unless otherwise noted. § 50.17 Payment. (a) Eligibility for payment. Owners of dairy operations, including owners of dairy cattle and other property used in connection with a dairy business or fluid milk processing plant, are eligible to receive payment from the Depart ment under this subpart in connection with a buffer zone depopulation pro gram due to tuberculosis, provided the owners meet all applicable require ments of this subpart and the dairy cattle herd is within the area cir cumscribed by the following bound aries: Beginning at the point where the Hudspeth-El Paso County line inter sects U.S. Highway 62; then west along U.S. Highway 62 to the El Paso Toll VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00165 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 156 9 CFR Ch. I (1–1–18 Edition) § 50.18 Bridge; then southeast along the Rio Grande River to the Fort Hancock-El Porvenir Bridge; then northeast along spur 148 to Interstate 10; then north west along Interstate 10 to the Hudspeth-El Paso County line; then north along the Hudspeth-El Paso County line to the point of beginning. (b) To be eligible for payment, each of the owners of dairy cattle and other property within the area described in paragraph (a) of this section must sign and adhere to an agreement with APHIS to do the following: (1) Cease all dairy cattle operations within the described area and dispose of all sexually intact cattle on the dairy operation premises no later than 3 years after all eligible owners have signed their respective agreements; (2) Conduct no dairy farming or other dairy activity, including the rearing of breeding cattle, but not including the grazing or feeding of steers and spayed heifers intended for terminal market, within the area described in paragraph (a) of this section until the described area and the adjoining area of Mexico have been declared free of bovine tu berculosis, as determined epidemiologically by APHIS, but in any event for a period of not less than 20 years after all eligible owners have signed their respective agreements. (3) Allow a covenant to be placed on their properties where dairy operations have been conducted that will prevent the establishment of any breeding cat tle operations (not including the graz ing or feeding of steers and spayed heif ers intended for terminal market) on the premises until the described area and the adjoining area of Mexico have been declared free of bovine tuber culosis, as determined epidemiologically by APHIS, but in any event for a period of not less than 20 years after all eligible owners have signed their respective agreements. (4) Maintain responsibility for all cattle on the premises used in the dairy operation until those animals are removed from the premises; (5) Make all arrangements for the re moval of sexually intact cattle from the premises; (6) Notify APHIS officials of the in tended removal of all sexually intact cattle from the premises and provide APHIS officials with the opportunity to monitor and evaluate the removal operations; and (7) Such other terms, provisions, and conditions as agreed by each owner and APHIS. (c) Amount of payment for cattle and other property. Upon approval of a claim submitted in accordance with § 50.20 of this subpart, owners eligible for payments under paragraph (a) of this section will receive payments for cattle and other property, the amount of which is determined by the following rates: (1) For milking cows, an amount not to exceed $2,922 per animal; and (2) For heifers, an amount not to ex ceed $834 per animal. (d) Any dairy cattle added to a prem ises after the date an owner has signed the agreement required under para graph (b) of this section will not be in cluded in the rate calculation in para graph (c) of this section and must be disposed of within 3 years after all eli gible owners have signed their respec tive agreements. (e) Amount of payment for certain other property. In addition to the amounts paid under paragraph (c) of this sec tion, amounts will be paid as follows: (1) For expenses in relocating equip ment of a reverse osmosis plant in El Paso County, TX, an amount equal to the costs of relocating the plant’s equipment, not to exceed $675,000. (2) In conjunction with the perma nent closure of a fluid milk processing plant in El Paso County, TX, an amount not to exceed $950,000, with payment to be made in the same man ner and at the same times, on a pro rata basis, as payments are made to such owners for their dairy cattle and other property. (Approved by the Office of Management and Budget under control number 0579–0193) [67 FR 48751, July 26, 2002, as amended at 68 FR 10361, Apr. 4, 2003] § 50.18 Identification and disposal of cattle. (a) All dairy cattle disposed of under this subpart must travel from the premises of origin to their final des tination with an approved metal eartag, supplied by APHIS or the State VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00166 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 157 Animal and Plant Health Inspection Service, USDA § 50.20 1 2 [Reserved] 3 Claim forms may obtained from the vet erinarian in charge. The location of the vet erinarian in charge may be obtained by writ ing to National Animal Health Program VS, APHIS, 4700 River Road Unit 43, Riverdale, MD 20737, or by referring to the local tele phone book. representative, bearing a serial number and attached to each animal’s left ear. (b) Dairy cattle disposed of under this subpart must be shipped under per mit either: (1) Directly to slaughter at a Federal or State inspected slaughtering estab lishment; or (2) Under permit directly to a live stock market and, under the super vision of an APHIS representative or State representative, through a live stock market pen that is dedicated to and marked exclusively for use for ani mals moved to slaughter, and then di rectly to slaughter at a Federal or State inspected slaughtering establish ment. (Approved by the Office of Management and Budget under control number 0579–0193) § 50.19 Report of salvage proceeds. A report of the salvage derived from the sale of each animal for which a claim for payment is made under this subpart must be made on a salvage form acceptable to APHIS that must be signed by the purchaser or by the sell ing agent handling the animals. If the cattle are sold by the pound, the sal vage form must 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 salvage form and an ex planation showing how the amount was arrived at must be submitted. In the event the animals are not disposed of through regular slaughterers or through selling agents, the owner must furnish, in lieu of the salvage form, an affidavit showing the amount of sal vage obtained by him or her and must certify that such amount is all he or she has received or will receive as sal vage for the animals. The original of the salvage form or the affidavit of the owner must be furnished to the veteri narian in charge within 3 months of de struction of the animals, if such docu ment is not already in his or her pos session. Disposal of cattle by burial, in cineration, or other means must be su pervised by an APHIS or State rep resentative, who will prepare and transmit to the veterinarian in charge a report identifying the animals and showing their disposition, or be docu mented by an affidavit of the owner that identifies the animals and de scribes their disposition. The owner must provide a copy of the affidavit to the veterinarian in charge within 3 months of destruction of the animals. The salvage form, disposal certificate, or affidavit will be for information pur poses only and will have no effect on the amount of any payment due. (Approved by the Office of Management and Budget under control number 0579–0193) § 50.20 Claims for payment. Claims for payment, other than for reimbursement of relocation expenses of the reverse osmosis dairy plant, must be presented on payment claim forms furnished by APHIS. 3 On the claim form, the owner must certify that the animals or other property are, or are not, subject to any mortgage. If the owner states that there is a mort gage, the claim form must be signed by the owner and by each person holding a mortgage on the cattle or other prop erty, who must agree that the person specified on the claim form may re ceive any payment due. The APHIS veterinarian in charge or the official designated by him or her will record on the claim form the amount of payment that appears to be due to the owner, and the owner will be furnished a copy of the APHIS payment claim form. The veterinarian in charge or official des ignated by him or her will then forward the APHIS payment claim form to the appropriate APHIS official for further action on the claim. The Department will not pay any costs arising from the holding of the cattle pending slaughter, or for trucking and other transpor tation costs, yardage, commission, slaughtering charges, or for any other costs related to having the cattle slaughtered. The owner of the reverse osmosis plant must submit copies of VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00167 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 158 9 CFR Ch. I (1–1–18 Edition) § 50.21 the relevant documentation for reloca tion of equipment to the veterinarian in charge. (Approved by the Office of Management and Budget under control number 0579–0193) § 50.21 Schedule of payments. (a) The Department will make pay ment, other than for reimbursement of relocation expenses of the equipment of the reverse osmosis plant, at 90-day intervals. The first payment will be made no earlier than 30 days after all owners eligible for payment have signed their agreements required under § 50.17(b). The Department will deter mine the amount to be paid to each owner in each payment by multiplying the total agreement amount for that owner by a fraction that is arrived at by dividing the initial census number of dairy cattle for the respective owner into the number of dairy cattle that have been removed from the owner’s herd during that payment period. From this amount, 10 percent will be with held until all animals in the herd have been disposed of and the requirements of this subpart have been met. The pay ments to other property owners will be determined by multiplying the total agreement amount for that other prop erty times the same ratio as for the herd related to that other property, minus 10 percent. The Department will make payment for reimbursement of relocation expenses of the reverse os mosis plant within 30 days after the re location of the plant is completed and the owner of the plant has submitted to APHIS all documentation of the costs of the relocation. (b) The Department will not make final payments until the premises used for dairy operations have been without sexually intact cattle for at least 30 days and until APHIS has inspected the premises and has found them to be free of manure, except for non-solid areas such as lagoons, and free of all feedstuffs that are not in barns, con tainers or feeders. § 50.22 Claims not allowed. The Department will not allow claims for payment if the claimant has failed to comply with any of the re quirements of this subpart, or there is substantial evidence, as determined by the Administrator, that the claimant has been responsible for any attempt to obtain payment funds for such cattle or other dairy property unlawfully or improperly. PART 51—ANIMALS DESTROYED BECAUSE OF BRUCELLOSIS Subpart A—Indemnity for Cattle, Bison, and Swine Sec. 51.1 Definitions. 51.2 Cooperation with States. 51.3 Payment to owners for animals de stroyed. 51.4 Record of tests. 51.5 Identification of animals to be de stroyed because of brucellosis. 51.6 Destruction of animals; time limit for destruction of animals. 51.7 Claims for indemnity. 51.8 Disinfection of premises, conveyances, and materials. 51.9 Claims not allowed. 51.10 Part 53 of this chapter not applicable. Subpart B—Indemnity for Sheep, Goats, and Horses 51.20 Definitions. 51.21 Cooperation with States. 51.22 Payment to owners for goats, sheep, and horses destroyed. 51.23 Eligibility for indemnity. 51.24 Maximum per-head indemnity amounts. 51.25 Proof of destruction. 51.26 Record of tests. 51.27 Identification of goats, sheep, and horses to be destroyed. 51.28 Moving goats, sheep, and horses to be destroyed. 51.29 Destruction of animals; time limit. 51.30 Claims for indemnity. 51.31 Disinfecting premises, conveyances, and materials. 51.32 Claims not allowed. 51.33 Multiple indemnity payments. AUTHORITY: 7 U.S.C. 8301–8317; 7 CFR 2.22, 2.80, and 371.4. Subpart A—Indemnity for Cattle, Bison, and Swine § 51.1 Definitions. For the purposes of this part, the fol lowing terms shall be construed, re spectively, to mean: Accredited veterinarian. A veteri narian approved by the Administrator in accordance with the provisions of VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00168 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 159 Animal and Plant Health Inspection Service, USDA § 51.1 part 161 of this title to perform func tions specified in parts 1, 2, 3, and 11 of subchapter A, and subchapters B, C, and D of this chapter, and to perform functions required by cooperative state-federal disease control and eradi cation programs. Administrator. The Administrator, Animal and Plant Health Inspection Service, or any person authorized to act for the Administrator. Animal and Plant Health Inspection Service. The Animal and Plant Health Inspection Service of the United States Department of Agriculture (APHIS or Service). Animals. Cattle, bison, and breeding swine. APHIS representative. An individual employed by APHIS who is authorized to perform the function involved. Appraisal. An estimate of the fair market value of an animal to be de stroyed because of brucellosis. The es timate shall be based upon the meat, dairy, or breeding value of the animal. Brucellosis exposed animal. Except for a brucellosis reactor animal, any ani mal that: (1) Is part of or has been in contact with a herd known to be af fected; or (2) has been in contact with a brucellosis reactor animal for a pe riod of 24 hours or longer; or (3) has been in contact with a brucellosis reac tor animal which has aborted, calved or farrowed within the past 30 days, or has a vaginal or uterine discharge. Brucellosis reactor animal. Any animal classified as a brucellosis reactor as provided in the definition of official test in § 78.1 of this chapter. Claimant. A person who files a claim for indemnity under § 51.7 for animals destroyed under this part. Complete herd test. An official test for brucellosis (as defined in 9 CFR 78.1) performed under APHIS supervision in a cattle or bison herd on all cattle or bison that are (1) 6 months of age or more and not official vaccinates, ex cept steers and spayed heifers; or (2) Official calfhood vaccinates of any age that are parturient or postparturient; or (3) Official calfhood vaccinates of beef breeds or bison with the first pair of permanent incisors fully erupted (2 years of age or more); or (4) Official calfhood vaccinates of dairy breeds with partial eruption of the first pair of permanent incisors (20 months of age or more). Condemn. The determination made by an APHIS representative, State rep resentative, or accredited veterinarian that animals for which indemnity is sought under this Part shall be de stroyed. Dairy cattle. A female bovine of a rec ognized dairy breed over 20 months of age, which has calved or is within 90 days of parturition and which is a member of a dairy herd used to produce milk for commercial use. Destroyed. Condemned under State authority and slaughtered or otherwise dies. Herd. Any group of animals of the same species maintained on common ground for any purpose, or two or more groups of animals (of the same species) under common ownership or super vision, geographically separated but which have an interchange or move ment of animals without regard to health status. Herd Depopulation. Removal by slaughter or other means of destruc tion of all cattle, bison, or swine in a herd or from a specific premises or under common ownership prior to re stocking such premises with new ani mals, except that steers and spayed heifers or barrows and gilts maintained for feeding purposes may be retained on the premises if the Veterinarian in Charge finds such retention to be com patible with eradication efforts. The Veterinarian in Charge may also per mit removal of nonpregnant heifers, without payment of indemnity, to Quarantined Feedlots in lieu of imme diate slaughter. Herd known to be affected. Any herd in which any animal has been classified as a brucellosis reactor and which has not been released from quarantine. Inbred or hybrid swine. Any breeding swine which are the progeny of two or more breeds of registered swine and which are maintained to produce in bred or hybrid swine, and for which records of ancestry exist through which such swine can be individually identified as progeny of said registered swine. Mortgage. Any mortgage, lien, or other security or interest that is re corded under State law or identified in VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00169 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 160 9 CFR Ch. I (1–1–18 Edition) § 51.1 1 A list of recognized slaughtering estab lishments is available upon request from the Animal and Plant Health Inspection Service, 4700 River Road Unit 37, Riverdale, MD 20737– 1231. the indemnity claim form filed under § 51.7 and held by any person other than the one claiming indemnity. Official seal. A serially numbered metal strip consisting of a self-locking device on one end and a slot on the other end, which forms a loop when the ends are engaged, which cannot be re used if opened, and is applied by a rep resentative of the Veterinarian in Charge or the State animal health offi cial. Owner. Any person who has a legal or rightful title to animals whether or not they are subject to a mortgage. Permit. An official document for movement of animals under this sub part issued by an APHIS representa tive, state representative, or accred ited veterinarian listing the disease status and identification of the animal, where consigned, cleaning and dis infecting requirements, and proof of slaughter certification. Person. Any individual, corporation, company, association, firm, partner ship, society, or joint stock company, or other legal entity. Recognized slaughtering establishment. Any slaughtering establishment oper ating under the Federal Meat Inspec tion Act (21 U.S.C. 601 et seq.)or a State meat inspection act. 1 Registered breed association. An asso ciation formed and perpetuated for the maintenance of records of purebreeding of animal species for a specific breed whose characteristics are set forth in Constitutions, By-Laws, and other rules of the association. The records maintained by such an association shall include an Official Herd Book or other recordkeeping format and Cer tificates of Registration or Recorda tion which identify an animal as a reg istered animal of that registered breed association. Known registered breed as sociations are: American Angus Asso ciation, American Beefalo Association, Inc., The American Black Maine-Anjou Association, American Blonde d’Aquitaine Association, American Brahman Breeders Association, Amer ican Brahmental Association, Amer ican Breed Association, Inc., American Chianina Association, American Dexter Cattle Association, American Galloway Breeders Association, American Gelbvieh Association, American Guern sey Cattle Club, American Hereford As sociation, American International Charolais Association, American (International Marchigiana Society, American Jersey Cattle Club, Amer ican Maine-Anjou Association, Amer ican Milking Shorthorn Society, Amer ican Murray Grey Association, Amer ican Normande Association, American Pinzgauer Association, American Polled Hereford Association, American Red Brangus Association, American Red Poll Association, American Salers Association, American Scotch High land Breeders Association, American Shorthorn Association, American Simmental Association, Inc., American Tarentaise Association, Ankina Breed ers, Inc., Ayrshire Breeders Associa tion, Barzona Breed Association of America, Beefmaster Breeders Uni versal, Belted Galloway Society, Brahmanstein Breeders Association, Brown Swiss Beef International, Inc., Brown Swiss Cattle Breeders Associa tion of U.S.A., Char-Swiss Breeders As sociation, Devon Cattle Association, Inc., Dutch Belted Cattle Association of America, Inc., Foundation Beefmaster Association, Galloway Cat tle Society of America, Inc., Galloway Performance International, Holstein Friesian Association of America, Inter national Braford Association, Inter national Brangus Breeders Association, Inc., International Maine-Anjou Asso ciation, Marky Cattle Association, Mid America RX 3 Cattle Company, Na tional Beefmaster Association, North American Limousin Foundation, Pan American Zebu Association, Red and White Dairy Cattle Association, Red Angus Association of America, Red Poll Beef Breeders International, Red Poll Cattle Club of America, Santa Gertrudis Breeders International, Simbrah Association, South Devon Breed Society, Sussex Cattle Associa tion of America, Texas Longhorn Breeders Association of America, and White Park Cattle Association of America. VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00170 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 161 Animal and Plant Health Inspection Service, USDA § 51.3 2 Notices containing lists of specifically ap proved stockyards are published in the FED ERAL REGISTER. Lists of specifically ap proved stockyards also may be obtained from the State animal health official, State rep resentatives, or APHIS representatives. 3 The Administrator shall authorize pay ment of Federal indemnity by the U.S. De partment of Agriculture at the maximum per-head rates in § 51.3: (a) As long as suffi cient funds appropriated by Congress appear to be available for this purpose for the re mainder of the fiscal year; (b) in States or areas not under Federal quarantine; (c) in States requesting payment of Federal indem nity; and (d) in States not requesting a lower rate. 4 The Veterinarian in Charge shall accept any of the following documents as proof of destruction: (a) A postmortem report; (b) a meat inspection certification of slaughter; (c) a written statement by a State represent ative, APHIS representative, or accredited veterinarian attesting to the destruction of the animal; (d) a written, sworn statement by the owner or caretaker of the animal at testing to the destruction of the animal; (e) Continued Registered cattle. Cattle for which in dividual records of ancestry are re corded and maintained by a breed asso ciation whose purpose is the improve ment of the bovine species, and for which individual registration certifi cates are issued and recorded by such breed association. Registered swine. Any breeding swine for which a certificate of pure breeding has been issued by a purebred swine as sociation. Sexually intact exposed female calf. A female bovine less than 6 months of age that is nursed by a brucellosis reactor at the time such reactor is condemned, and that has not been altered to make it incapable of reproduction. Specifically approved stockyard. Prem ises approved by the Administrator, in accordance with § 71.20 of this chapter, for assembling cattle or bison for sale. 2 State. Any State, the District of Co lumbia, Puerto Rico, the Virgin Islands of the United States, Guam, the North ern Mariana Islands, or any other terri tory or possession of the United States. State animal health official. The indi vidual employed by a State who is re sponsible for livestock and poultry dis ease control and eradication programs in that State. State representative. An individual em ployed in animal health activities by a State or a political subdivision thereof, and who is authorized by such State or political subdivision to perform the function involved under a cooperative agreement with the United States De partment of Agriculture. Unofficial vaccinate. Any cattle or bison which have been vaccinated for brucellosis other than in accordance with the provisions for official vac cinates set forth in § 78.1 of this chap ter. Veterinarian in Charge. The veteri nary official of the Animal and Plant Health Inspection Service, United States Department of Agriculture, who is assigned by the Administrator to su pervise and perform offical animal health work of the Animal and Plant Health Inspection Service, in the State concerned. [42 FR 64336, Dec. 23, 1977] EDITORIAL NOTE: For FEDERAL REGISTER ci tations affecting § 51.1, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.fdsys.gov. § 51.2 Cooperation with States. The Administrator has been dele gated the authority to cooperate with the proper State authorities in the eradication of brucellosis and to pay indemnities for the destruction of bru cellosis-reactor animals or brucellosis exposed animals. [42 FR 64336, Dec. 23, 1977, as amended at 54 FR 32435, Aug. 8, 1989] § 51.3 Payment to owners for animals destroyed. (a) Cattle and bison. The Adminis trator may authorize the payment of Federal indemnity by the U.S. Depart ment of Agriculture to any owner whose cattle or bison are destroyed after having been approved for destruc tion by APHIS under the brucellosis eradication program. 3 In all cases, the amount of Federal indemnity will be determined in accordance with the reg ulations in this part that were in effect on the date that reactors were found or the date that whole-herd depopulation or destruction of individual animals was approved. Prior to payment of in demnity, proof of destruction 4 must be VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00171 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 162 9 CFR Ch. I (1–1–18 Edition) § 51.3 a permit (VS Form 1–27) consigning the ani mal from a farm or livestock market di rectly to a recognized slaughtering establish ment; or (f) in unique situations where the documents listed above are not available, other similarly reliable forms of proof of de struction. furnished to the Veterinarian in Charge. (1) Eligibility for indemnity. Owners of the following types of animals de stroyed because of brucellosis are eligi ble to receive Federal indemnity for their animals: (i) Cattle and bison identified as re actors as a result of a complete herd test and any sexually intact exposed fe male calves; (ii) Cattle and bison in a herd that has been approved for depopulation; and (iii) Brucellosis-exposed cattle and brucellosis-exposed bison that were previously sold or traded from any herd that was, subsequent to the sale or trade, found to be affected with brucel losis. Epidemiological information such as test results, herd history, and related evidence will be used to estab lish a probable date when the herd was first affected with brucellosis. Animals sold after that date will be considered to be exposed; those sold before that date will not. (2) Maximum per-head indemnity amounts. Owners of the types of ani mals described in § 51.3(a)(1) are eligible to receive Federal indemnity for their animals in the following amounts: (i) Brucellosis reactors and sexually in tact exposed female calves. Except for brucellosis reactors and sexually intact exposed female calves destroyed as part of a whole-herd depopulation, the indemnity for cattle and bison that are brucellosis reactors shall not exceed $250 for any registered cattle and non registered dairy cattle or $50 for any bison or nonregistered cattle other than dairy cattle, and the indemnity for sexually intact exposed female calves shall not exceed $50. (ii) Herd depopulations and individual exposed animals. Owners of herds that have been approved for depopulation and owners of brucellosis-exposed cat tle and brucellosis-exposed bison that meet the conditions of § 51.3 (a)(1)(iii) may choose either of the two methods described in paragraphs (a)(2)(ii)(A) and (a)(2)(ii)(B) of this section, involving fair market value of the animal to be destroyed or a fixed rate, for deter mining the maximum amounts of in demnity they may receive. 3 The meth od chosen must be used for all animals to be destroyed. Owners have the op tion of having an appraisal done prior to choosing the method used. Apprais als will be conducted by an inde pendent appraiser selected by the Ad ministrator. The cost of the appraisals will be borne by APHIS. (A) Appraisal method. Each eligible animal will be appraised to determine its fair market value. The indemnity shall be the appraised value, minus the salvage value. (B) Fixed-rate method. The indemnity shall not exceed $250 per animal for bison and nonregistered cattle other than dairy cattle and $750 per animal for registered cattle and nonregistered dairy cattle. (b) Swine—(1) Brucellosis reactor swine. The Administrator may authorize 3 the payment of Federal indemnity by the United States Department of Agri culture to an owner whose breeding swine are destroyed as brucellosis reac tors. The indemnity shall not exceed $25 per head for registered, inbred, or hybrid swine, or $10 per head for all other breeding swine. Prior to payment of indemnity, proof of destruction 4 shall be furnished to the Veterinarian in Charge. (2) Herd depopulation. The Adminis trator may authorize 3 the payment of Federal indemnity by the United States Department of Agriculture to an owner whose herd of breeding swine or whose whole herd is destroyed be cause of brucellosis. The indemnity shall not exceed $150 per head for reg istered, inbred, or hybrid breeding swine, and $65 per head for all other breeding swine, except that in the case of whole herd depopulation, indemnity payments shall be paid on all swine in the herd at fair market value, as deter mined by the Administrator, based on an appraisal conducted by an inde pendent appraiser assigned by the Ad ministrator. In cases where indemnity is paid for whole herd depopulation, in demnity payments, plus any salvage, must not exceed the appraised value of VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00172 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 163 Animal and Plant Health Inspection Service, USDA § 51.5 each animal. Indemnity payment shall be made only for brucellosis exposed swine or for swine from a herd known to be affected and only when the Ad ministrator determines that the de struction of all swine in the herd will contribute to the Brucellosis Eradi cation Program. Prior to payment of indemnity, proof of destruction 4 shall be furnished to the Veterinarian in Charge. (3) Exposed swine. The Administrator may authorize 3 the payment of Federal indemnity by the United States De partment of Agriculture to an owner whose breeding swine are destroyed be cause of brucellosis. The indemnity shall not exceed $150 per head for reg istered, inbred, or hybrid swine, or $65 per head for all other breeding swine. Indemnity payment shall be made only for such brucellosis exposed swine and only when the Administrator deter mines that the destruction of such swine will contribute to the Brucellosis Eradication Program. Prior to pay ment of indemnity, proof of destruc tion 4 shall be furnished to the Veteri narian in Charge. (Approved by the Office of Management and Budget under control number 0579–0047) [42 FR 64336, Dec. 23, 1977] EDITORIAL NOTE: For FEDERAL REGISTER ci tations affecting § 51.3, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.fdsys.gov. § 51.4 Record of tests. The claimant shall be responsible for providing information to an APHIS representative, State representative, or accredited veterinarian so that a com plete test record may be made by such person on an APHIS approved form for each herd known to be affected, includ ing the reactor tag number of each bru cellosis reactor animal and the reg istration name and number of each brucellosis reactor registered animal. 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 State veterinarian’s office by such per son who completes the test record. (Approved by the Office of Management and Budget under control number 0579–0047) [42 FR 64336, Dec. 23, 1977, as amended at 48 FR 57472, Dec. 30, 1983; 54 FR 32435, Aug. 8, 1989; 56 FR 18506, Apr. 23, 1991] § 51.5 Identification of animals to be destroyed because of brucellosis. (a) The claimant shall be responsible for insuring that any animal for which indemnity is claimed shall be identi fied in accordance with the provisions of this section within 15 days after hav ing been classified as a reactor or for any other animal subject to this part within 15 days after having been con demned. The veterinarian in charge may extend the time limit to 30 days when a request for such extension is re ceived by him prior to the expiration date of the original 15 day period al lowed, and when he determines that the extension will not adversely affect the brucellosis eradication program; and except further, that the Adminis trator shall upon request in specific cases, extend the time limit beyond the 30-day period when unusual or unfore seen circumstances occur which pre vent or hinder the identification of the animals within the 30-day period, such as, but not limited to, floods, storms, or other Acts of God which are beyond the control of the owner, or when iden tification is delayed due to require ments of another Federal Agency. (b) Except as provided in paragraph (b)(4) of this section, cattle and bison to be destroyed because of brucellosis shall be individually identified prior to moving interstate by attaching to the left ear a metal tag bearing a serial number and the inscription ‘‘U.S. Reac tor,’’ or a similar State reactor tag, and must be: (1) ‘‘B’’ branded (as defined in § 78.1); or (2) Accompanied directly to slaugh ter by an APHIS or State representa tive; or (3) Moved in vehicles closed with offi cial seals applied and removed by an APHIS representative, State represent ative, accredited veterinarian, or an in dividual authorized for this purpose by an APHIS representative. The official VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00173 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 164 9 CFR Ch. I (1–1–18 Edition) § 51.6 5 Markets are approved by the Adminis trator in accordance with § 76.18 of this chap ter. seal numbers must be recorded on the accompanying permit. (4) Reactor and exposed cattle and bison in herds scheduled for herd de population may be moved interstate without eartagging or branding if they are identified by USDA approved backtags and either accompanied di rectly to slaughter by an APHIS or State representative or moved directly to slaughter in vehicles closed with of ficial seals. Such official seals must be applied and removed by an APHIS rep resentative, State representative, ac credited veterinarian, or an individual authorized for this purpose by an APHIS representative. (c) Swine shall be individually identi fied by tagging with a metal tag bear ing a serial number and inscription ‘‘U.S. Reactor’’ or a similar State reac tor tag or other identification approved by the Administrator, upon request in specific cases, attached to the left ear of each animal. (Approved by the Office of Management and Budget under control number 0579–0047) [42 FR 64336, Dec. 23, 1977, as amended at 47 FR 53324, Nov. 26, 1982; 48 FR 57472, Dec. 30, 1983; 50 FR 11993, Mar. 27, 1985; 54 FR 32435, Aug. 8, 1989; 56 FR 18506, Apr. 23, 1991; 60 FR 48367, Sept. 19, 1995] § 51.6 Destruction of animals; time limit for destruction of animals. (a) Cattle. The claimant shall be re sponsible for ensuring that cattle sub ject to this part shall be sold under permit to a recognized slaughtering es tablishment or to a specifically ap proved stockyard for sale to a recog nized slaughtering establishment. (b) Bison. The claimant shall be re sponsible for insuring that bison sub ject to this part shall be sold under permit to a State or Federal slaugh tering establishment approved by the Administrator for this purpose or to a stockyard approved by the Adminis trator for sale to such a slaughtering establishment, Provided, However, That the Administrator may approve such other bison slaughtering establish ments as may be deemed necessary to accomplish destruction of bison subject to this part. (c) Swine. The claimant shall be re sponsible for insuring that swine sub ject to this part shall be sold under permit to a slaughtering establishment where State or Federal Meat inspection is available, or to a market approved by the State Animal Health Official, or to a market approved by the Adminis trator, for sale to such slaughtering es tablishment; 5 except that in the case of indemnity for whole herd depopula tion, as provided for in § 51.3, swine shall be destroyed, if possible, on the premises where the animals are held or penned at the time the indemnity is approved, or may be moved for destruc tion to another location when move ment to the location is approved in ad vance by an APHIS representative. In cases where the swine are destroyed other than at a slaughtering establish ment, the carcasses of the swine shall be disposed of by burial, incineration, or other disposal means authorized by applicable State law. The destruction and disposition of animals destroyed in accordance with this section other than at a slaughtering establishment shall be performed in the presence of an APHIS representative. (d) Time limit for destruction of ani mals. Payment of indemnity shall be made under this part only if the ani mals are destroyed within 15 days after the date of identification, pursuant to § 51.5 of the regulations in this part, ex cept that the appropriate Veterinarian in Charge may extend the time limit to 30 days when request for such exten sion is received from the owner prior to the expiration date of the original 15– day period allowed, or when the ani mals were sold for slaughter prior to the expiration date of the original 15– day period, and when the Veterinarian in Charge determines that such exten sion will not adversely affect the Bru cellosis Eradication Program; and ex cept further, that the Administrator shall, upon request in specific cases, extend the time limit beyond the 30 day period when unusual and unfore seen circumstances occur which pre vent or hinder the destruction of the animals within the 30-day period, such as, but not limited to, floods, storms, or other Acts of God which are beyond VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00174 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 165 Animal and Plant Health Inspection Service, USDA § 51.8 the control of the owner, or when de struction is delayed due to require ments of another Federal Agency. (Approved by the Office of Management and Budget under control number 0579–0047) [42 FR 64336, Dec. 23, 1977, as amended at 45 FR 43680, June 27, 1980; 45 FR 86410, Dec. 31, 1980; 46 FR 5861, Jan. 21, 1981; 47 FR 53324, Nov. 26, 1982; 48 FR 57472, Dec. 30, 1983; 50 FR 11993, Mar. 27, 1985; 51 FR 11300, Apr. 2, 1986; 51 FR 32599, Sept. 12, 1986; 54 FR 32435, Aug. 8, 1989; 56 FR 18506, Apr. 23, 1991; 59 FR 12533, Mar. 17, 1994] § 51.7 Claims for indemnity. (a) Claims for indemnity for animals destroyed because of brucellosis shall be presented on indemnity claim forms furnished by APHIS on which the owner of the animals covered thereby shall certify that the animals are or are not subject to any mortgage as de fined in this part. If the owner states there is a mortgage, the APHIS indem nity claim form shall be signed by the owner and by each person holding a mortgage on the animals, consenting to the payment of any indemnity al lowed to the person specified thereon. Payment will be made only if the claimant has submitted a complete in demnity claim form to, and such claim has been approved by the Veterinarian in Charge or by an APHIS representa tive designated by him. On claims for indemnity made under the provisions of § 51.3, the Veterinarian in Charge or an APHIS representative designated by him shall record on the APHIS indem nity claim form the amount of Federal and State indemnity payments that ap pear to be due to the owner of the ani mals. The owner of the animals shall be furnished a copy of the completed APHIS indemnity claim form. The Vet erinarian in Charge or an APHIS rep resentative designated by him shall then forward the completed APHIS in demnity claim form to the Adminis trator for further action on the claim. No charges for holding the animals on the farm pending slaughter or for trucking by the owner shall be so de ducted or otherwise paid by the United States Department of Agriculture. (b) Claims for indemnity for reg istered cattle shall be accompanied by the cattle’s registration papers issued in the name of the owner. If the reg istration papers are unavailable or if the cattle are less than 1 year old and are not registered at the time the claim for indemnity is submitted, the Veterinarian in Charge may grant a 60 day extension or the Administrator may grant an extension longer than 60 days for the presentation of registra tion papers. (Approved by the Office of Management and Budget under control number 0579–0047) [42 FR 64336, Dec. 23, 1977. Redesignated at 46 FR 13674, Feb. 23, 1981, and 47 FR 53324, Nov. 26, 1982, and amended at 47 FR 53324, Nov. 26, 1982; 48 FR 57472, Dec. 30, 1983; 50 FR 11993, Mar. 27, 1985; 54 FR 32435, Aug. 8, 1989; 56 FR 18506, Apr. 23, 1991] § 51.8 Disinfection of premises, convey ances, and materials. All premises, including all struc tures, holding facilities, conveyances, and materials, contaminated because of occupation or use by brucellosis re actor or exposed animals shall be prop erly cleaned and disinfected with a dis infectant permitted by APHIS in ac cordance with recommendations of the APHIS or State representative within 15 days from the date reactors were re moved from the premises, except that the appropriate Veterinarian in Charge may extend the time limit for disinfec tion to 30 days when request for such extension is received by him prior to the expiration date of the original 15 day period allowed, and when he deter mines that such extension will not ad versely affect the Brucellosis Eradi cation Program; and except further, that the Administrator may, upon re quest in specific cases, extend the time limit beyond the 30-day period when unusual and unforeseen circumstances occur, such as but not limited to floods, storms, or other Acts of God, which are beyond the control of the owner, preventing or hindering the dis infection of premises, conveyances, and materials. Certain premises may be ex empted from such cleaning and dis infecting requirements by approval of the appropriate Veterinarian in Charge on written recommendations by the APHIS or State representative or when a written report by the APHIS or State representative determines that there are no buildings, holding facilities, conveyances, or other materials on the VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00175 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 166 9 CFR Ch. I (1–1–18 Edition) § 51.9 premises that would require such cleaning and disinfection. (Approved by the Office of Management and Budget under control number 0579–0047) [42 FR 64336, Dec. 23, 1977. Redesignated at 46 FR 13674, Feb. 23, 1981, and 47 FR 53324, Nov. 26, 1982; 48 FR 57472, Dec. 30, 1983; 50 FR 11993, Mar. 27, 1985; 54 FR 32435, Aug. 8, 1989; 56 FR 18506, Apr. 23, 1991] § 51.9 Claims not allowed. Claims for compensation for animals destroyed because of brucellosis shall not be allowed if any of the following circumstances exist: (a) If the claimant has failed to com ply with any of the requirements of this part. (b) If the existence of brucellosis in the animal was determined based on the results of an official test, as de fined in § 78.1 of this chapter, and spe cific instructions for the administra tion of the official test had not pre viously been issued to the individual performing the test by APHIS and the State animal health official. (c) If all cattle, bison, and swine eli gible for testing in the claimant’s herd have not been tested for brucellosis under APHIS or State supervision. (d) If the animals are: (1) Barrows or gilts maintained for feeding purposes; or (2) Spayed heifers or steers, unless the steers are work oxen, or unless the spayed heifers or steers are unweaned animals in a herd approved for depopu lation in accordance with § 51.3 of this part. (e) If the animals are classified as re actors and are unofficial vaccinates, unless there is either a record of a neg ative official test made not less than 30 days following the date of unofficial vaccination or unless other APHIS ap proved tests show the unofficial vac cinates are affected with virulent Brucella. (f) If there is substantial evidence that the owner or his agent has in any way been responsible for any unlawful or improper attempt to obtain indem nity funds for such animal. (g) If, at the time of test or con demnation, the animals belonged to or were upon the premises of any person to whom they had been sold for slaugh ter; shipped for slaugher, or delivered for slaughter. (h) If any known brucellosis reactor animal remains in the herd, unless, in the opinion of the Veterinarian in Charge, a reasonable search has been made for the brucellosis reactor animal and the brucellosis reactor animal could not be found and removed. (i) If the animals are brucellosis reac tor animals which are slaughtered other than as part of a herd depopula tion, and which are from a herd: (1) That was already classified as a ‘‘herd known to be affected’’ at the time the animals were identified as brucellosis reactor animals and (2) for which an approved action plan or approved indi vidual herd plan (as defined in § 78.1 of this chapter) was not in effect at the time the claim was filed. (Approved by the Office of Management and Budget under control number 0579–0047) [42 FR 64336, Dec. 23, 1977. Redesignated at 46 FR 13674, Feb. 23, 1981, and 47 FR 53324, Nov. 26, 1982, and amended at 47 FR 53324, Nov. 26, 1982; 48 FR 57472, Dec. 30, 1983; 50 FR 11993, Mar. 27, 1985; 50 FR 47036, Nov. 14, 1985; 51 FR 11300, Apr. 2, 1986; 54 FR 32435, Aug. 8, 1989; 56 FR 18506, Apr. 23, 1991; 63 FR 47423, Sept. 8, 1998] § 51.10 Part 53 of this chapter not ap plicable. No claim for indemnity for animals destroyed because of brucellosis shall hereafter be paid 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 regulations contained in this part. [42 FR 64336, Dec. 23, 1977. Redesignated at 46 FR 13674, Feb. 23, 1981, and 47 FR 53324, Nov. 26, 1982; 50 FR 11993, Mar. 27, 1985] Subpart B—Indemnity for Sheep, Goats, and Horses SOURCE: 69 FR 41912, July 13, 2004, unless otherwise noted. § 51.20 Definitions. Accredited veterinarian. A veteri narian approved by the Administrator in accordance with the provisions of part 161 of this title to perform func tions specified in parts 1, 2, 3, and 11 of subchapter A, and subchapters B, C, and D of this chapter, and to perform VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00176 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 167 Animal and Plant Health Inspection Service, USDA § 51.20 1 Requirements for designated brucellosis epidemiologists are contained in Veterinary Services Memorandum No. 551.10. A copy of this memorandum may be obtained from an APHIS representative, the State animal health official, or a State representative. functions required by cooperative State-Federal disease control and eradication programs. Administrator. The Administrator, Animal and Plant Health Inspection Service, or any person authorized to act for the Administrator. Affected herd/flock. Any herd or flock in which any cattle, bison, breeding swine, sheep, or goat has been classi fied as a brucellosis reactor and which has not been released from quarantine. Animal. Sheep, goats, and horses. Animal and Plant Health Inspection Service (APHIS). The Animal and Plant Health Inspection Service of the United States Department of Agriculture. APHIS representative. An individual employed by APHIS who is authorized to perform the function involved. Appraisal. An estimate of the fair market value of an animal to be de stroyed because of brucellosis. Brucellosis exposed. Except for brucel losis reactors, animals that are part of a herd known to be affected, or are in a quarantined feedlot or a quarantined pasture, or are brucellosis suspects, or that have been in contact with a bru cellosis reactor for a period of 24 hours or more, or for a period of less than 24 hours if the brucellosis reactor has aborted, calved, or farrowed within the past 30 days or has a vaginal or uterine discharge. Brucellosis reactor animal. (1) Any sheep or goat that has been determined by a designated brucellosis epidemiolo gist 1 to be affected with brucellosis, based on test results, herd/flock his tory, and/or culture results. Any test used for cattle and bison under the APHIS official brucellosis eradication program (see part 78 of this chapter) may be used, but test results must be interpreted by a designated brucellosis epidemiologist. (2) Any horse that has been deter mined by a designated brucellosis epi demiologist to be affected with brucel losis, based on epidemiological infor mation or culture results, or positive results for brucellosis in accordance with one of the following tests: Test Positive results Standard plate test (SPT) ...... If antibody titer positive at 1:100 dilution or higher. Standard tube test (STT) ....... If antibody titer positive at 1:100 dilution or higher. Rivanol test ............................ If antibody titer positive at 1:50 dilution or higher. Particle concentration fluores cence immunoassay (PCFIA). If reading is 0.3 or lower. Complement fixation test (CF) If reading is 2 + :20 dilution. (3) Any cattle, bison, or swine classi fied as a brucellosis reactor as provided in the definition of official test in § 78.1 of this chapter. Condemn. The determination made by an APHIS representative, State rep resentative, or accredited veterinarian that animals for which indemnity is sought under this subpart will be de stroyed. Designated brucellosis epidemiologist. An epidemiologist selected by the State animal health official and the Veterinarian in Charge to perform the functions required. The regional epi demiologist and the APHIS brucellosis staff must concur in the selection and appointment of the designated epi demiologist. Destroyed. Condemned under State authority and slaughtered or otherwise dies. Flock. Any group of sheep maintained on common ground for any purpose, or two or more groups of sheep under common ownership or supervision, geo graphically separated but which have an interchange or movement of ani mals without regard to health status. Herd. Any group of goats, or mixed sheep and goats, maintained on com mon ground for any purpose, or two or more groups of goats, or two or more groups of mixed sheep and goats, under common ownership or supervision, geo graphically separated but which have an interchange or movement of ani mals without regard to health status. Herd/flock depopulation. Removal by slaughter or other means of destruc tion of all sheep or goats in a flock or herd, or from a specific premises or under common ownership prior to re stocking such premises with new ani mals. VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00177 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 168 9 CFR Ch. I (1–1–18 Edition) § 51.21 1 The Administrator will authorize pay ment of Federal indemnity by the U.S. De partment of Agriculture as provided in § 51.24: (a) As long as sufficient funds appro priated by Congress appear to be available for this purpose for the remainder of the fis cal year; (b) in States or areas not under Federal quarantine; (c) in States requesting payment of Federal indemnity; and (d) in States not requesting a lower rate. Mortgage. Any mortgage, lien, or in terest that is recorded under State law or identified in the indemnity claim form filed in accordance with this sub part, and held by any person other than the one claiming indemnity. Official seal. A serially numbered metal strip consisting of a self-locking device on one end and a slot on the other end, which forms a loop when the ends are engaged and which cannot be reused if opened, and is applied by a representative of the Veterinarian in Charge or the State animal health offi cial. Owner. Any person who has legal or rightful title to sheep, goats, and horses, whether or not the animals are subject to a mortgage. Permit. An official document for movement of animals under this sub part issued by an APHIS representa tive, State representative, or accred ited veterinarian listing the disease status and identification of the animal, where consigned, cleaning and dis infecting requirements, and proof of slaughter certification. Person. Any individual, corporation, company, association, firm, partner ship, society, or joint stock company, or other legal entity. Registered sheep and goats. Sheep and goats for which individual records of ancestry are recorded and maintained by a breed association whose purpose is the improvement of the species, and for which individual registration certifi cates are issued and recorded by such breed association. State. Any State, the District of Co lumbia, Puerto Rico, the Virgin Islands of the United States, Guam, the North ern Mariana Islands, or any other terri tory or possession of the United States. State representative. An individual em ployed in animal health activities by a State or a political subdivision thereof, and who is authorized by such State or political subdivision to perform the function involved under a cooperative agreement with the United States De partment of Agriculture. Veterinarian in Charge. The APHIS veterinary official who is assigned by the Administrator to supervise and perform the official animal health work of APHIS in the State or area concerned, or any person authorized to act for the Veterinarian in Charge. § 51.21 Cooperation with States. The Administrator has been dele gated the authority to cooperate with the proper State authorities in the eradication of brucellosis and to pay indemnities for the destruction of bru cellosis-reactor animals or brucellosis exposed animals. § 51.22 Payment to owners for goats, sheep, and horses destroyed. (a) The Administrator may authorize the payment of Federal indemnity by the U.S. Department of Agriculture to any owner whose goats, sheep, or horses are destroyed after having been approved for destruction by APHIS. 1 Goats or sheep must be destroyed as part of a whole herd/flock depopulation to be eligible for Federal indemnity. (b) The amount of Federal indemnity will be determined in accordance with the regulations in this part that were in effect on the date infected animals were found, or the date that the whole herd/flock depopulation or destruction of individual animals was approved. (c) Prior to payment of indemnity, proof of destruction must be furnished to the Veterinarian in Charge. § 51.23 Eligibility for indemnity. Owners of animals destroyed because of brucellosis are eligible to receive Federal indemnity for their animals if the animals are: (a) Sheep and goats in an affected herd or flock; (b) Sheep and goats that were ob tained from a herd or flock that was subsequently found to be an affected herd or flock. Epidemiological informa tion such as test results, herd/flock his tory, and related evidence will be used to establish a probable date when the herd or flock was first affected with VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00178 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 169 Animal and Plant Health Inspection Service, USDA § 51.28 brucellosis. Animals removed from the herd or flock after that date will be considered exposed to the disease and eligible for indemnity; those removed before that date will not; (c) Individual horses that have been found to be brucellosis reactor animals. § 51.24 Maximum per-head indemnity amounts. Owners of the types of animals listed in § 51.22 of this subpart are eligible to receive Federal indemnity for their animals. All animals must be individ ually appraised to determine their fair market value. The indemnity amount will be the appraised value minus the salvage value of the animal, up to a maximum of $20,000 per animal in the case of horses. An independent ap praiser selected by the Administrator will conduct appraisals. APHIS will pay the cost of appraisals. § 51.25 Proof of destruction. The Veterinarian in Charge will ac cept any of the following documents as proof of destruction: (a) A postmortem report; (b) A meat inspection certification of slaughter; (c) A written statement by a State representative, APHIS representative, or accredited veterinarian attesting to the destruction of the animals; (d) A written, sworn statement by the owner or caretaker of the animal attesting to the destruction of the ani mals; (e) A permit (VS Form 1–27) con signing the animal from a farm or live stock market directly to a slaughter establishment; or (f) In unique situations where none of the documents listed above are avail able, other similarly reliable forms of proof of destruction. (Approved by the Office of Management and Budget under control number 0579–0185) § 51.26 Record of tests. An APHIS representative, State rep resentative, or accredited veterinarian will compile, on an APHIS-approved form, a complete test record for each animal. The claimant must provide any information necessary to complete the form. The test record must include the type of test and the test results for each animal. It must also include the individual identification of each tested animal. Any unique, individually num bered identification is acceptable. The animal’s owner and the appropriate State veterinarian’s office will each re ceive a copy of the test record. (Approved by the Office of Management and Budget under control number 0579–0185) § 51.27 Identification of goats, sheep, and horses to be destroyed. The claimant must ensure that any goats, sheep, and horses for which in demnity is claimed are marked with unique, individually numbered identi fication showing they are to be de stroyed. This must be done within 15 days after the animals are condemned. The Veterinarian in Charge may ex tend the time limit to 30 days when the Veterinarian in Charge receives a re quest for extension prior to the expira tion date of the original 15-day period, and when the Veterinarian in Charge determines that the extension will not adversely affect the brucellosis eradi cation program. However, the Adminis trator may extend the time limit be yond 30 days when unusual or unfore seen circumstances occur that prevent or hinder the identification of the ani mal within 30 days, such as, but not limited to, floods, storms, or other Acts of God, which are beyond the con trol of the owner, or when identifica tion is delayed due to requirements of another Federal agency. (Approved by the Office of Management and Budget under control number 0579–0185) § 51.28 Moving goats, sheep, and horses to be destroyed. Goats, sheep, and horses to be de stroyed because of brucellosis must be accompanied by a permit and either: (a) Accompanied directly to slaugh ter by an APHIS or State representa tive; or (b) Moved in vehicles closed with offi cial seals applied and removed by an APHIS representative, State represent ative, accredited veterinarian, or an in dividual authorized for this purpose by an APHIS representative. The official VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00179 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 170 9 CFR Ch. I (1–1–18 Edition) § 51.29 seal numbers must be recorded on the accompanying permit. (Approved by the Office of Management and Budget under control number 0579–0185) § 51.29 Destruction of animals; time limit. (a) The claimant must ensure that goats, sheep, and horses infected with or exposed to B. abortus are either: (1) Sold under permit to a recognized slaughtering establishment; (2) Moved to an approved stockyard for sale to a recognized slaughtering establishment; or (3) Destroyed and buried, incinerated, or rendered in accordance with applica ble State law. (b) The claimant must ensure that goats and sheep destroyed because of B. melitensis are destroyed and buried, in cinerated, or rendered in accordance with applicable State law. (c) Indemnity will be paid under this part only if the animals are destroyed within 15 days after the date they are marked with identification showing they are to be destroyed. However, the Veterinarian in Charge may extend the time limit to 30 days if: (1) The animals’ owner asks the Vet erinarian in Charge for an extension before the initial 15-day period expires, or the animals were sold for slaughter before the original 15-day period ex pires; and (2) The Veterinarian in Charge deter mines that extending the time limit will not adversely affect the Brucel losis Eradication Program. (d) The Administrator may extend the time limit beyond 30 days when un usual and unforeseen circumstances occur that prevent or hinder the de struction of the animals within 30 days, such as, but not limited to, floods, storms, or other Acts of God, which are beyond the control of the owner, or when destruction is delayed due to requirements of another Federal agency. (Approved by the Office of Management and Budget under control number 0579–0185) § 51.30 Claims for indemnity. (a) Claims for indemnity for goats, sheep, and horses destroyed because of brucellosis must be made using an in demnity claim form furnished by APHIS. On the form, the owner of the animals must certify whether the ani mals are subject to a mortgage. If the owner states there is a mortgage, the claim form must be signed by the owner and by each mortgage holder, consenting to the payment of any in demnity allowed to the owner. Pay ment will be made only if the claimant has submitted a complete indemnity claim form to the Veterinarian in Charge and the claim has been ap proved by the Veterinarian in Charge or by an APHIS representative des ignated by him or her. The Veteri narian in Charge or an APHIS rep resentative designated by the Veteri narian in Charge will record on the APHIS indemnity claim form the amount of Federal and State indem nity payments that appear to be due to the owner of the animals. The owner of the animals will receive a copy of the completed APHIS indemnity claim form. The owner is responsible for pay ing all fees for holding the animals on the farm pending disposal and for all trucking fees. (b) Claims for indemnity for reg istered sheep and registered goats must be accompanied by the animal’s reg istration papers, issued in the name of the owner. If the registration papers are unavailable or if the animal is less than 1 year old and not registered at the time the claim for indemnity is submitted, the Veterinarian in Charge may grant a 60-day extension or the Administrator may grant an extension longer than 60 days for the presen tation of registration papers. Any ani mal that is not registered but is eligi ble for registration at the time the claim is submitted will be considered unregistered unless the animal has been in the flock for less than 12 months. (Approved by the Office of Management and Budget under control number 0579–0185) § 51.31 Disinfecting premises, convey ances, and materials. All premises, including all struc tures, holding facilities, conveyances, and materials contaminated because they have been used by animals de stroyed because of brucellosis, must be properly cleaned and disinfected in ac cordance with recommendations of the VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00180 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 171 Animal and Plant Health Inspection Service, USDA § 52.1 APHIS or State representative. Clean ing and disinfecting must be completed within 15 days from the date the ani mals were removed from the premises, except that the Veterinarian in Charge may extend the time limit for disinfec tion to 30 days when he or she receives a request prior the expiration date of the original 15 days, and when the Vet erinarian in Charge determines that an extension will not adversely affect the Brucellosis Eradication Program. The Administrator may extend the time limit beyond 30 days when unusual and unforeseen circumstances occur that prevent or hinder disinfection of the premises, conveyances, and materials within 30 days, such as, but not limited to floods, storms, or other Acts of God, which are beyond the control of the owner. A premises may be exempted from such cleaning and disinfecting re quirements if the APHIS or State rep resentative recommends it in writing and the Veterinarian in Charge ap proves. (Approved by the Office of Management and Budget under control number 0579–0185) § 51.32 Claims not allowed. Claims for indemnity for goats, sheep, and horses destroyed because of brucellosis will not be allowed if any of the following circumstances exist: (a) The claimant has failed to comply with any of the requirements of this part; (b) The claim is based on a brucel losis test, and the person who adminis tered the test was not properly trained, authorized, or certified at the time of the test; (c) Testing of goats, sheep, and horses in the herd or flock for brucel losis was not done under APHIS or State supervision, or by an accredited veterinarian; (d) There is substantial evidence that the claim is an unlawful or improper attempt to obtain indemnity; or (e) If, at the time of test or con demnation, the animals belonged to or were upon the premises of any person to whom they had been sold for slaugh ter, shipped for slaughter, or delivered for slaughter. § 51.33 Multiple indemnity payments. APHIS has indemnity programs for several other livestock diseases. How ever, if a claim is paid for indemnity for animals destroyed because of bru cellosis, no other claims for indemnity will be paid for the same animals. PART 52—SWINE DESTROYED BECAUSE OF PSEUDORABIES Sec. 52.1 Definitions. 52.2 Payment of indemnity. 52.3 Appraisal of swine. 52.4 Presentation of claims. 52.5 Report of net salvage proceeds. 52.6 Claims not allowed. 52.7 Disinfection of premises, conveyances, and materials. AUTHORITY: 7 U.S.C. 8301–8317; 7 CFR 2.22, 2.80, and 371.4. SOURCE: 64 FR 2549, Jan. 15, 1999, unless otherwise noted. § 52.1 Definitions. Accredited veterinarian. A veteri narian approved by the Administrator in accordance with the provisions of part 161 of this chapter to perform functions specified in subchapters B, C, and D of this chapter. Administrator. The Administrator, Animal and Plant Health Inspection Service, or any other employee of the Animal and Plant Health Inspection Service, United States Department of Agriculture, delegated to act in the Ad ministrator’s stead. Animal and Plant Health Inspection Service (APHIS). The Animal and Plant Health Inspection Service of the United States Department of Agriculture. APHIS employee. Any individual em ployed by the Animal and Plant Health Inspection Service who is authorized by the Administrator to do any work or perform any duty in connection with the control and eradication of disease. Approved differential pseudorabies test. Any test for the diagnosis of pseudorabies that can distinguish vac cinated swine from infected swine; is produced under license from the Sec retary of Agriculture under the Virus Serum-Toxin Act of March 4, 1913, and subsequent amendments (21 U.S.C. 151 et seq.) with indications for use in the Cooperative State-Federal VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00181 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 172 9 CFR Ch. I (1–1–18 Edition) § 52.1 1 The names and addresses of laboratories approved by the Administrator to conduct approved differential pseudorabies tests are published in the Notices Section of the FED ERAL REGISTER. A list of approved labora tories is also available upon request from the Animal and Plant Health Inspection Service, 4700 River Road Unit 37, Riverdale, Maryland 20737–1231. State, Federal, and university lab oratories will be approved by the Adminis trator when he or she determines that the laboratory: employs personnel trained at the National Veterinary Services Laboratories assigned to supervise the testing; follows standard test protocols; meets check test proficiency requirements; and will report all test results to State and Federal animal health officials. Before the Administrator may withdraw approval of any laboratory for failure to meet any of these conditions, the Administrator must give written notice of the proposed withdrawal to the director of the laboratory, and must give the director an opportunity to respond. If there are con flicts as to any material fact, a hearing will be held to resolve the conflict. 2 Copies of the test protocols (Rec ommended Minimum Standards for Diag nostic Tests Employed in the Diagnosis of Pseudorabies (Aujeszky’s Disease) are avail able upon request from the Animal and Plant Health Inspection Service, Veterinary Serv ices, Operational Support, 4700 River Road Unit 33, Riverdale, MD 20737–1231. Pseudorabies Eradication Program; and is conducted in a laboratory ap proved by the Administrator. 1 Department. The United States De partment of Agriculture. Herd. Any group of swine maintained on common ground for any purpose, or two or more groups of swine under common ownership or supervision that are geographically separated but that are determined by an official pseudorabies epidemiologist to have an interchange or movement of animals that could cause the transmission of pseudorabies from one group to an other. Inspector in charge. An APHIS em ployee who is designated by the Admin istrator to take charge of work in con nection with the control and eradi cation of disease. Known infected breeding sow. Any breeding sow that has been determined to be infected with pseudorabies based on an official pseudorabies test or an approved differential pseudorabies test, or as diagnosed by an official pseudorabies epidemiologist as having pseudorabies. Known infected herd. Any herd in which swine have been determined to be infected with pseudorabies based on an official pseudorabies test or an ap proved differential pseudorabies test, or based on a diagnosis by an official pseudorabies epidemiologist. Materials. Parts of barns or other structures, straw, hay, and other feed for animals, farm products or equip ment, clothing, and articles stored in or adjacent to barns or other struc tures. Mortgage. Any mortgage, lien, or other security or beneficial interest held by any person other than the one claiming indemnity. Net salvage. The amount received for swine destroyed because of pseudorabies, after deducting freight, trucking, yardage, commission, slaugh tering charges, and similar costs to the owner. Official pseudorabies epidemiologist. A State or Federally employed veteri narian designated by the State animal health official and the veterinarian in charge to investigate and diagnose pseudorabies in livestock. Official pseudorabies test. Any test for the diagnosis of pseudorabies approved by the Administrator and conducted in a laboratory approved by the Adminis trator. The following tests for the diag nosis of pseudorabies have been ap proved by the Administrator: Micro titration Serum-Virus Neutralization Test; Virus Isolation and Identification Test; Fluorescent Antibody Tissue Sec tion Test; Enzyme-Linked Immunosorbent Assay (ELISA) Test, except for approved differential pseudorabies tests other than the glycoprotein I (gpI) ELISA test; Latex Agglutination Test (LAT); and Particle Concentration Fluorescence Immunoassay (PCFIA) Test. 2 State, Federal, and university laboratories will be approved by the Administrator following his determination that the laboratory: has personnel trained at the Veterinary Services Diagnostic Laboratory at Ames, Iowa, assigned to supervise the test; follows standard test protocol; meets check test pro ficiency requirements; and will report VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00182 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 173 Animal and Plant Health Inspection Service, USDA § 52.2 3 Before the Administrator withdraws the approval of any laboratory, the Director of the laboratory will be given a notice by the Administrator of the proposed disapproval and the reasons for it, and the Director will have the opportunity to respond. In those in stances where there are conflicts as to the facts, a hearing will be held to resolve such conflicts. 4 A list of recognized slaughtering estab lishments is available upon request from the Animal and Plant Health Inspection Service, 4700 River Road Unit 37, Riverdale, Maryland 20737–1231. all test results to State and Federal animal health officials. 3 Official seal. A serially numbered metal or plastic strip, consisting of a self-locking device on one end and a slot on the other end, that forms a loop when the ends are engaged and that cannot be reused if opened, or a seri ally numbered, self-locking button that can be used for this purpose. Permit. An official document for movement of swine under this part that is issued by an APHIS employee, State representative, or accredited vet erinarian and that lists the disease sta tus and individual identification of the animal, where consigned, cleaning and disinfection requirements, and proof of slaughter certification by a recognized slaughtering establishment. Person. Any individual, corporation, company, association, firm, partner ship, society, joint stock company, or other legal entity. Pseudorabies. The contagious, infec tious, and communicable disease of livestock and other animals, also known as Aujeszky’s disease, mad itch, or infectious bulbar paralysis. Recognized slaughtering establishment. A slaughtering establishment oper ating under the Federal Meat Inspec tion Act (21 U.S.C. 601 et seq.) or a State meat inspection act. 4 Secretary. The Secretary of Agri culture of the United States, or any of ficer or employee of the Department delegated to act in the Secretary’s stead. State. Each of the States of the United States, the District of Colum bia, Puerto Rico, the Northern Mariana Islands, Guam, the Virgin Islands of the United States, or any other terri tory or possession of the United States. State representative. A person regu larly employed in the animal health work of a State and who is authorized by that State to perform the function involved under a cooperative agree ment with the United States Depart ment of Agriculture. Veterinarian in charge. The veterinary official of Veterinary Services, APHIS, who is assigned by the Administrator to supervise and perform official ani mal health work for APHIS in the State concerned. [64 FR 2549, Jan. 15, 1999, as amended at 65 FR 20711, Apr. 18, 2000; 68 FR 6342, Feb. 7, 2003] § 52.2 Payment of indemnity. (a) Except as provided in paragraph (b) of this section, the Administrator is authorized to agree on the part of the Department to pay indemnity to the owner of herds of swine destroyed be cause the herds are known to be in fected with pseudorabies, or individual breeding sows destroyed because they are known to be infected with pseudorabies. The amount of indemnity paid, together with the amount for net salvage the owner receives when the animals are slaughtered, shall not ex ceed the fair market value of the swine. Such swine must be sent di rectly to slaughter under permit in a conveyance closed with an official seal applied and removed by either an APHIS employee, a State representa tive, an accredited veterinarian, or an individual authorized for this purpose by an APHIS employee. The swine must be sent to a recognized slaugh tering establishment. (b) If swine from herds that are de stroyed because the herds are known to be infected with pseudorabies are not accepted at a recognized slaughtering establishment, or the owner and an APHIS employee or State representa tive agree they will not be accepted by a recognized slaughtering establish ment, the Administrator is authorized to pay 100 percent of the expenses of the purchase, destruction, and disposi tion of such swine. (Approved by the Office of Management and Budget under control number 0579–0151) [65 FR 20711, Apr. 18, 2000] VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00183 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 174 9 CFR Ch. I (1–1–18 Edition) § 52.3 § 52.3 Appraisal of swine. (a) Herds of swine and individual breeding sows to be destroyed because they are known to be infected with pseudorabies will be appraised by an APHIS employee and a representative of the State jointly, a representative of the State alone, or, if the State au thorities approve, by an APHIS em ployee alone. (b) The appraisal of swine will be based on the fair market value as de termined by the meat or breeding value of the animals. Animals may be ap praised in groups, provided that where appraisal is by the head, each animal in the group is the same value per head, and where appraisal is by the pound, each animal in the group is the same value per pound. (c) Appraisals of swine must be re ported on forms furnished by APHIS and signed by the owner of the swine. Reports of appraisals must show the number of swine and the value per head or the weight and value by pound. (Approved by the Office of Management and Budget under control number 0579–0137) [64 FR 2549, Jan. 15, 1999, as amended at 65 FR 20711, Apr. 18, 2000] § 52.4 Presentation of claims. (a) When swine have been destroyed under § 52.2(a), any claim for indemnity must be presented, along with the re port of net salvage proceeds required under § 52.5, to the veterinarian in charge on a form furnished by APHIS. (b) When swine have been destroyed under § 52.2(b), any claim for indemnity must be presented, through the inspec tor in charge, to APHIS on a form fur nished by APHIS. (c) For all claims for indemnity, the owner of the swine must certify on the claim form that the swine covered are, or are not, subject to any mortgage as defined in this part. If the owner states there is a mortgage, the owner and each person holding a mortgage on the swine must sign, consenting to the payment of indemnity to the person specified on the form. (Approved by the Office of Management and Budget under control number 0579–0137) [65 FR 20711, Apr. 18, 2000] § 52.5 Report of net salvage proceeds. A report of the amount for net sal vage derived from the sale of each ani mal for which a claim for indemnity is made under § 52.2(a) must be made on a salvage form that shows the gross re ceipts, expenses if any, and net pro ceeds. The original or a copy of the sal vage form must be furnished by the owner to the veterinarian in charge. (Approved by the Office of Management and Budget under control number 0579–0151) [65 FR 20712, Apr. 18, 2000] § 52.6 Claims not allowed. (a) The Department will not allow claims arising out of the destruction of swine unless the swine have been ap praised as prescribed in this part and the owners have signed a written agreement to the appraisals. (b) The Department will not allow claims arising out of the destruction of swine that have been moved or handled by the owner or a representative of the owner in violation of a law or regula tion administered by the Secretary re garding animal disease, or in violation of a law or regulation for which the Secretary has entered into a coopera tive agreement. (Approved by the Office of Management and Budget under control number 0579–0137) [64 FR 2549, Jan. 15, 1999. Redesignated at 65 FR 20711, Apr. 18, 2000] § 52.7 Disinfection of premises, convey ances, and materials. All premises, including barns, stock yards and pens, and all cars and other conveyances, and the materials on any premises or conveyances used to house or transport swine for which indemnity is paid under this part must be cleaned and disinfected under the supervision of an APHIS employee after removal of the swine from the known infected herd. Premises may be restocked with swine 30 days following an approved cleaning and disinfection, unless an of ficial pseudorabies epidemiologist de termines that a shorter or longer pe riod of time is adequate or necessary to protect new animals against infection. The owner to whom the indemnity is paid will be responsible for expenses in curred in connection with the cleaning VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00184 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 175 Animal and Plant Health Inspection Service, USDA § 53.1 and disinfection, except for cleaning and disinfection of the conveyances used to transport the swine to the loca tion of disposal. [64 FR 13065, Mar. 17, 1999. Redesignated at 65 FR 20711, Apr. 18, 2000] PART 53—FOOT-AND-MOUTH DIS EASE, PLEUROPNEUMONIA, RIN DERPEST, AND CERTAIN OTHER COMMUNICABLE DISEASES OF LIVESTOCK OR POULTRY Sec. 53.1 Definitions. 53.2 Determination of existence of disease; agreements with States. 53.3 Appraisal of animals, eggs, or mate rials. 53.4 Destruction of animals or eggs. 53.5 Disinfection or destruction of mate rials. 53.6 Disinfection of animals. 53.7 Disinfection of premises, conveyances, and materials. 53.8 Presentation of claims. 53.9 Mortgage against animals, eggs, or ma terials. 53.10 Claims not allowed. 53.11 Highly pathogenic avian influenza; conditions for payment. AUTHORITY: 7 U.S.C. 8301–8317; 7 CFR 2.22, 2.80, and 371.4. CROSS REFERENCE: For non-applicability of part 53 with respect to certain claims for in demnity, see § 51.10 of this chapter. § 53.1 Definitions. Accredited veterinarian. A veteri narian approved by the Administrator in accordance with part 161 of this chapter to perform functions specified in parts 1, 2, 3, and 11 of subchapter A of this chapter and subchapters B, C, and D of this chapter, and to perform functions required by cooperative State-Federal disease control and eradication programs. Administrator. The Administrator, Animal and Plant Health Inspection Service, or any person authorized to act for the Administrator. Animal and Plant Health Inspection Service. The Animal and Plant Health Inspection Service of the United States Department of Agriculture (APHIS). Animals. Livestock, poultry, and all other members of the animal kingdom, including birds whether domesticated or wild, but not including man. APHIS employee. Any individual em ployed by the Animal and Plant Health Inspection Service who is authorized by the Administrator to do any work or perform any duty in connection with the control and eradication of disease. Bird. Any member of the class aves other than poultry. Department. The United States De partment of Agriculture. Disease. Foot-and-mouth disease, rin derpest, contagious pleuropneumonia, Newcastle disease, highly pathogenic avian influenza, infectious salmon ane mia, spring viremia of carp, or any other communicable disease of live stock or poultry that in the opinion of the Secretary constitutes an emer gency and threatens the livestock or poultry of the United States. Highly pathogenic avian influenza. (1) Any influenza virus that kills at least 75 percent of eight 4- to 6-week-old sus ceptible chickens within 10 days fol lowing intravenous inoculation with 0.2 ml of a 1:10 dilution of a bacteria-free, infectious allantoic fluid; (2) Any H5 or H7 virus that does not meet the criteria in paragraph (1) of this definition, but has an amino acid sequence at the hemagglutinin cleav age site that is compatible with highly pathogenic avian influenza viruses; or (3) Any influenza virus that is not an H5 or H7 subtype and that kills one to five chickens and grows in cell culture in the absence of trypsin. Inspector in charge. An APHIS em ployee who is designated by the Admin istrator to take charge of work in con nection with the control and eradi cation of disease. ISA Program veterinarian. The APHIS veterinarian assigned to manage the infectious salmon anemia program for APHIS in the State of Maine and who reports to the Area Veterinarian in Charge. Materials. Parts of barns or other structures, straw, hay, and other feed for animals, farm products or equip ment, clothing, and articles stored in or adjacent to barns or other struc tures. Mortgage. Any mortgage, lien, or other security or beneficial interest held by any person other than the one claiming indemnity. VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00185 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 176 9 CFR Ch. I (1–1–18 Edition) § 53.2 Newcastle disease. Newcastle disease is an acute, rapidly spreading, and usu ally fatal viral infection of poultry caused by an avian paramyxovirus serotype 1 that meets one of the fol lowing criteria for virulence: The virus has an intracerebral pathogenicity index (ICPI) in day-old chicks (Gallus gallus) of 0.7 or greater; or multiple basic amino acids have been dem onstrated in the virus (either directly or by deduction) at the C-terminus of the F2 protein and phenylalanine at residue 117, which is the N-terminus of the F1 protein. The term ‘‘multiple basic amino acids’’ refers to at least three arginine or lysine residues be tween residues 113 and 116. In this defi nition, amino acid residues are num bered from the N-terminus of the amino acid sequence deduced from the nucleotide sequence of the F0 gene; 113– 116 corresponds to residues ¥4 to ¥1 from the cleavage site. Failure to dem onstrate the characteristic pattern of amino acid residues as described above may require characterization of the isolated virus by an ICPI test. A failure to detect a cleavage site that is con sistent with virulent strains does not confirm the absence of a virulent virus. Person. Any individual, corporation, company, association, firm, partner ship, society, joint stock company, or other legal entity. Pet bird. Any bird that is kept for personal pleasure and is not for sale. Poultry. Chickens, ducks, geese, swans, turkeys, pigeons, doves, pheas ants, grouse, partridges, quail, guinea fowl, and pea fowl. Secretary. The Secretary of Agri culture of the United States, or any of ficer or employee of the Department to whom authority has been or may be delegated to act in the Secretary’s stead. State. Each of the States of the United States, the District of Colum bia, Puerto Rico, the Northern Mariana Islands, Guam, the Virgin Islands of the United States, or any other terri tory or possession of the United States. [61 FR 56882, Nov. 5, 1996, as amended at 67 FR 17610, Apr. 11, 2002; 69 FR 27827, May 17, 2004; 74 FR 18287, Apr. 22, 2009; 78 FR 19082, Mar. 29, 2013] § 53.2 Determination of existence of disease; agreements with States. (a) The Administrator is hereby au thorized to invite the proper State au thorities to cooperate with the Depart ment in the control and eradication of any disease within the meaning of § 53.1. (b) Upon agreement of the authori ties of the State to enforce quarantine restrictions and orders and directives properly issued in the control and eradication of such a disease, the Ad ministrator is hereby authorized to agree, on the part of the Department, to cooperate with the State in the con trol and eradication of the disease, and to pay 50 percent (and in the case of Newcastle disease or highly pathogenic avian influenza, up to 100 percent, and in the case of infectious salmon ane mia, up to 60 percent) of the expenses of purchase, destruction and disposi tion of animals, eggs, and materials re quired to be destroyed because of being contaminated by or exposed to such disease: Provided, however, that if the animals or eggs were exposed to such disease prior to or during interstate movement and the owners or parties contracting with the owners to raise or care for the animals or eggs are not eli gible to receive indemnity from any State, the Department may pay up to 100 percent of the purchase, destruc tion, and disposition of animals, eggs, 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 which are identified in docu mentation pursuant to Agreements be tween the Department and the par ticular State involved relating to coop erative animal (including poultry) dis ease prevention, control, and eradi cation, as constituting a threat to the poultry industry of the United States; And provided further, that the Sec retary may authorize other arrange ments for the payment of such ex penses upon finding that an extraor dinary emergency exists. [37 FR 5689, Mar. 18, 1972, as amended at 49 FR 3448, Jan. 27, 1984; 49 FR 26712, June 29, 1984; 61 FR 56883, Nov. 5, 1996; 67 FR 17610, Apr. 11, 2002; 67 FR 67095, Nov. 4, 2002; 78 FR 19082, Mar. 29, 2013; 81 FR 6750, Feb. 9, 2016] VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00186 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 177 Animal and Plant Health Inspection Service, USDA § 53.5 § 53.3 Appraisal of animals, eggs, or materials. (a) Animals or eggs affected by or ex posed to disease, and materials re quired to be destroyed because of being contaminated by or exposed to disease shall be appraised by an APHIS em ployee and a representative of the State jointly, or, if the State authori ties approve, by an APHIS employee alone. (b) The appraisal of animals shall be based on the fair market value and shall be determined by the meat, egg production, dairy or breeding value of such animals. Animals may be ap praised in groups providing they are the same species and type and pro viding 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. (c) Appraisals of animals shall be re ported on forms furnished by APHIS. 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 materials shall be reported on forms furnished by APHIS. Reports of appraisals of materials shall, when practicable, show the num ber, size or quantity, unit price, and total value of each kind of material ap praised. (e) Indemnity for eggs required to be destroyed due to an outbreak of highly pathogenic avian influenza will be based on the fair market value of the eggs, as determined by an appraisal. Appraisals of eggs shall be reported on forms furnished by APHIS. The amount of indemnity paid, together with the amount for net salvage the owner or contractor received, if any, shall not exceed the appraised fair market value of the eggs. [28 FR 5935, June 13, 1963, as amended at 35 FR 13981, Sept. 3, 1970; 36 FR 25217, Dec. 30, 1971; 56 FR 51974, Oct. 17, 1991; 68 FR 6343, Feb. 7, 2003; 81 FR 6750, Feb. 9, 2016] § 53.4 Destruction of animals or eggs. (a) Except as provided in paragraph (b) of this section, animals infected with or exposed to disease shall be killed promptly after appraisal and dis posed of by burial or burning, unless otherwise specifically provided by the Administrator, at his or her discretion. In the case of animals depopulated due to spring viremia of carp or infectious salmon anemia, salvageable fish may be sold for rendering, processing, or any other purpose approved by the Ad ministrator. The proceeds gained from the sale of the fish will be subtracted from any payment from APHIS for which the producer or owner is eligible under § 53.2(b) or § 53.11. (b) Eggs infected with, exposed to, or contaminated by highly pathogenic avian influenza shall be disposed of pursuant to the regulations in this part under the supervision of an APHIS em ployee who shall prepare and transmit to the Administrator a report identi fying all eggs disposed thereof. (c) The killing of animals and the burial, burning, or other disposal of carcasses of animals pursuant to the regulations in this part shall be super vised by an APHIS employee who shall prepare and transmit to the Adminis trator a report identifying the animals and showing the disposition thereof. [28 FR 5935, June 13, 1963, as amended at 56 FR 51974, Oct. 17, 1991; 67 FR 67095, Nov. 4, 2002; 68 FR 42569, July 18, 2003; 69 FR 27827, May 17, 2004; 71 FR 56323, Sept. 26, 2006; 81 FR 6750, Feb. 9, 2016] § 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 ex ceed the value of the materials or dis infection would be impracticable for any reason, the materials shall be de stroyed, after appraisal as provided in § 53.3. (b) The disinfection or destruction of materials under this section shall be under the supervision of an APHIS em ployee who shall prepare and transmit to the Administrator a certificate iden tifying all materials which are de stroyed, showing the disposition there of. [28 FR 5935, June 13, 1963, as amended at 56 FR 51974, Oct. 17, 1991] VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00187 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 178 9 CFR Ch. I (1–1–18 Edition) § 53.6 § 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 dis infected when necessary by such meth ods as the Administrator shall pre scribe from time to time. [28 FR 5935, June 13, 1963, as amended at 56 FR 51974, Oct. 17, 1991] § 53.7 Disinfection of premises, convey ances, and materials. All premises, including barns, cor rals, stockyards and pens, and all cars, vessels, aircraft, and other convey ances, and the materials thereon, shall be cleaned and disinfected under super vision of an APHIS employee whenever necessary for the control and eradi cation of disease. Expenses incurred in connection with such cleaning and dis infection shall be shared according to the agreement reached under § 53.2 with the State in which the work is done. In the case of low pathogenic avian influ enza related to the 2002 disease situa tions in Virginia and Texas associated with the H5 or H7 virus, premises may not be restocked with poultry until at least 7 days following such cleaning and disinfection, unless the Adminis trator determines that a shorter or longer period of time is adequate or necessary to protect new poultry against infection. [68 FR 42569, July 18, 2003] § 53.8 Presentation of claims. (a) Claims for the following must be presented to APHIS, through the in spector in charge, on a form approved by the Administrator: (1) Compensation for the value of ani mals; (2) The cost of burial, burning, or other disposition of animals; (3) The value of material destroyed; and (4) The expenses of destruction. (b) [Reserved] (Approved by the Office of Management and Budget under control number 0579–0208) [67 FR 67095, Nov. 4, 2002, as amended at 68 FR 42570, July 18, 2003; 71 FR 56323, Sept. 26, 2006] § 53.9 Mortgage against animals, eggs, or materials. When animals, eggs, or materials have been destroyed pursuant to the requirements contained in this part, any claim for indemnity shall be pre sented on forms furnished by APHIS on which the owner of the animals, eggs, or materials shall certify that the ani mals, eggs, or materials covered there by, are, or are not, subject to any mortgage as defined in this part. If the owner states there is a mortgage, forms furnished by APHIS shall be signed by the owner and by each person holding a mortgage on the animals, eggs, or materials, consenting to the payment of any indemnity allowed to the person specified thereon. [28 FR 5935, June 13, 1963, as amended at 56 FR 51974, Oct. 17, 1991; 81 FR 6750, Feb. 9, 2016] § 53.10 Claims not allowed. (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 Adminis trator. (c) The Department will not allow claims arising out of the destruction of animals, eggs, or materials unless they shall have been appraised as prescribed in this part and the owners thereof shall have executed a written agree ment to the appraisals. (d) The Department will not allow claims arising out of the destruction of animals, eggs, or materials which have been moved or handled by the owner thereof or its officer, employee, or agent, acting within the scope of his or its office, employment or agency, in violation of a law or regulation admin istered by the Secretary for the preven tion of the introduction into or the dis semination within the United States of any communicable disease of livestock or poultry for which the animal or ma terial was destroyed, or in violation of a law or regulation for the enforcement of which the Secretary enters or has entered into a cooperative agreement VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00188 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 179 Animal and Plant Health Inspection Service, USDA § 53.10 for the control and eradication of such disease. (e) The Department will not allow claims arising out of the destruction of fish due to infectious salmon anemia (ISA) unless the claimants have agreed in writing to participate fully in the cooperative ISA control program ad ministered by APHIS and the State of Maine. Participants in the ISA control program must: (1) Establish and maintain a veteri nary client-patient relationship with an APHIS accredited veterinarian and inform the ISA Program Veterinarian in writing of the name of their accred ited veterinarian at the time the par ticipant enrolls in the ISA program and within 15 days of any change in ac credited veterinarians. (2) Cooperate with and assist in peri odic on-site disease surveillance, test ing, and reporting activities for ISA, which will be conducted by their APHIS accredited veterinarian or a State or Federal official as directed by the ISA Program Veterinarian. (3) Develop and implement biosecu rity protocols for use at all partici pant-leased finfish sites and partici pant-operated vessels engaged in aqua culture operations throughout Maine. A copy of these protocols shall be sub mitted to the ISA Program Veteri narian at the time the participant en rolls in the ISA program and within 15 days of any change in the protocols. (4) Develop, with the involvement of the participant’s accredited veteri narian and the fish site health man ager, a site-specific ISA action plan for the control and management of ISA. A copy of the action plan shall be sub mitted to APHIS for review at the time the participant enrolls in the ISA pro gram and within 15 days of any change in the action plan. (5) Participate in the State of Maine’s integrated pest management (IPM) program for the control of sea lice on salmonids. A copy of the man agement plan developed by the partici pant for the State IPM program shall be submitted to APHIS for review at the time the participant enrolls in the ISA program and within 15 days of any change in the management plan. (6) Submit to the ISA Program Vet erinarian at the time the participant enrolls in the ISA program a complete and current fish inventory information for each participant-leased finfish site with site and cage identifiers. Fish in ventory information must include the numbers, age, date of saltwater trans fer, vaccination status, and previous therapeutant history for all fish in each participant-leased finfish site. (7) Maintain, and make available to the ISA Program Veterinarian upon re quest, mortality data for each partici pant-leased finfish site and pen in pro duction. (8) Cooperate with and assist APHIS in the completion of biosecurity audits at all participant-leased finfish sites and participant-operated vessels in volved in salmonid aquaculture. (f) The Department will not allow claims arising out of the destruction of fish due to spring viremia of carp (SVC) unless the claimants have done the fol lowing: (1) Depopulated all SVC-infected and SVC-exposed fish on their property under the supervision of USDA or State officials; (2) Thoroughly cleaned and dis infected all affected sites and all af fected equipment under the supervision of USDA or State officials; (3) If an affected site is to be re stocked after cleaning and disinfection, the claimant must have done the fol lowing: (i) Restocked with fish certified free of SVC by an APHIS-approved labora tory or in accordance with the diag nostic procedures described in the Of fice of International des Epizooties Manual of Diagnostic Tests For Aquat ic Animals; (ii) Demonstrated that their water sources are from first-use spring water, spring water without fish, well water, ozone or ultraviolet treated surface water, or bore-hole water and are free of wild carp and any other SVC-suscep tible species; and (iii) Prevented the migration of wild carp and any other wild SVC-suscep tible species into their farming estab lishment. (Approved by the Office of Management and Budget under control number 0579–0192) (g) The Department will not allow claims arising out of the destruction of animals or eggs destroyed due to an VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00189 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 180 9 CFR Ch. I (1–1–18 Edition) § 53.11 outbreak of highly pathogenic avian influenza unless the owner of the ani mals or eggs and any party that enters into a contract with the owners to grow or care for the poultry or eggs, unless exempted under paragraph (g)(2) of this section, provide to APHIS a statement that at the time of detection of highly pathogenic avian influenza in the facility, the owner and contractor (if applicable), had in place and was fol lowing a biosecurity plan. (1) The biosecurity plan should in clude the following: (i) A biosecurity training program for premises/farm personnel; (ii) Biosecurity protocols for per sonnel; (iii) Procedures to control wild birds, rodents, and insects to reduce the risk of introduction or spread of HPAI; (iv) Measures taken to prevent HPAI introduction via vehicles and equip ment; (v) Maintenance of a line of separa tion; and (vi) A clean water source for the fa cility. (2) Owners and contractors are ex empted from the requirements of para graph (g)(1) of this section if the facili ties where the animals or eggs are raised or cared for falls under one of the following categories: (i) Premises meeting the criteria of the National Poultry Improvement Plan regulations in §§ 146.22(b) or 146.52(c) of this chapter; (ii) Premises on which fewer than 100,000 broilers are raised annually; and (iii) Premises on which fewer than 30,000 meat turkeys are raised annu ally. [28 FR 5935, June 13, 1963, as amended at 45 FR 86411, Dec. 31, 1980; 56 FR 51974; 67 FR 17611, Apr. 11, 2002; 69 FR 27827, May 17, 2004; 81 FR 6750, Feb. 9, 2016] § 53.11 Highly pathogenic avian influ enza; conditions for payment. (a) When poultry or eggs have been destroyed pursuant to this part, the Administrator may pay claims to any party with whom the owner of the poultry or eggs has entered into a con tract for the growing or care of the poultry or eggs. The indemnity the Ad ministrator may pay to such a party or parties shall be determined as by the following method: (1) Divide the value in dollars of the contract the owner entered into with the contractor by the duration in days of the contract as it was signed prior to the highly pathogenic avian influenza outbreak; (2) Multiply this figure by the time in days between the date the contractor began to provide services relating to the destroyed poultry or eggs under the contract and the date the poultry or eggs were destroyed due to highly pathogenic avian influenza. (b) If a contractor receiving indem nity under this section has received any payment under his or her contract from the owner of the poultry or eggs at the time the poultry or eggs are de stroyed, the amount of indemnity for which the contractor is eligible will be reduced by the amount of the payment the contractor has already received. (c) If indemnity is paid to a con tractor under this section, the owner of the poultry or eggs will be eligible to receive the difference between the in demnity paid to the contractors and the total amount of indemnity that may be paid for the poultry or eggs. (d) In the event that determination of indemnity due a contractor using the method described in paragraph (a) of this section is determined to be im practical or inappropriate, APHIS may use any other method that the Admin istrator deems appropriate to make that determination. [81 FR 6750, Feb. 9, 2016] PART 54—CONTROL OF SCRAPIE Sec. 54.1 Definitions. 54.2 Cooperative agreements and memo randa of understanding with States. Subpart A—Scrapie Indemnification Program 54.3 Animals eligible for indemnity pay ments. 54.4 Application by owners for indemnity payments. 54.5 Certification by owners. 54.6 Amount of indemnity payments. 54.7 Procedures for destruction of animals. 54.8 Requirements for flock plans and post exposure management and monitoring plans. VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00190 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 181 Animal and Plant Health Inspection Service, USDA § 54.1 54.9 Waiver of requirements for scrapie con trol pilot projects. 54.10 Tests for scrapie. 54.11 Approval of laboratories to run official scrapie tests and official genotype tests. Subpart B—Scrapie Flock Certification Program 54.20 Administration. 54.21 Participation. 54.22 State scrapie certification boards. AUTHORITY: 7 U.S.C. 8301–8317; 7 CFR 2.22, 2.80, and 371.4. SOURCE: 66 FR 43982, Aug. 21, 2001, unless otherwise noted. § 54.1 Definitions. Accredited veterinarian. A veteri narian approved by the Administrator in accordance with part 161 of this chapter to perform functions specified in subchapters B, C, and D of this chap ter. Administrator. The Administrator of the Animal and Plant Health Inspec tion Service or any employee of the United States Department of Agri culture authorized to act for the Ad ministrator. Animal. A sheep or goat. Animal and Plant Health Inspection Service (APHIS). The Animal and Plant Health Inspection Service of the United States Department of Agriculture. APHIS representative. An individual employed by APHIS in animal health activities who is authorized by the Ad ministrator to perform the function in volved. Approved laboratory. A laboratory ap proved by the Administrator in accord ance with § 54.11 to conduct one or more scrapie tests, or genotype tests, on one or more tissues. Approved test. A test for the diagnosis of scrapie approved by the Adminis trator for use in the scrapie eradi cation or certification program in ac cordance with § 54.10. Area veterinarian in charge. The vet erinary official of APHIS who is as signed by the Administrator to super vise and perform the official animal health work of APHIS in the State con cerned. Breed association and registries. Orga nizations listed in § 151.9 of this chapter that maintain the permanent records of ancestry or pedigrees of animals (in cluding the animal’s sire and dam), in dividual identification of animals, and ownership of animals. Certificate. An official document issued in accordance with § 79.5 of this chapter by an APHIS representative, State representative, or accredited vet erinarian at the point of origin of an interstate movement of animals. Commingle, commingled, commingling. Animals grouped together and having physical contact with each other, in cluding contact through a fence, but not limited contacts. Commingling also includes sharing the same section in a transportation unit where there is physical contact. Designated scrapie epidemiologist. An epidemiologist who has demonstrated the knowledge and ability to perform the functions required and who has been selected by the State animal health official and the area veteri narian in charge. The regional epi demiologist and the APHIS National Scrapie Program Coordinator must concur in the selection and appoint ment of the designated scrapie epi demiologist. The designated scrapie epidemiologist must satisfactorily complete training designated by APHIS. Destroyed. (1) Euthanized by means other than slaughter, and the carcass disposed of, by means authorized by the Administrator; or (2) In the case of exposed or high-risk animals that are not known to be in fected, either euthanized or disposed of by slaughter; or (3) Moved to a quarantined research facility if the movement has been ap proved by the Administrator. Electronic implant. Any radio fre quency identification implant device approved for use in the scrapie program by the Administrator. The Adminis trator will approve an electronic im plant after determining that it is tam per resistant, not harmful to the ani mal, and readable by equipment avail able to APHIS and State representa tives. Exposed animal. (1) Any animal that has been in the same flock at the same time as a scrapie-positive female ani mal, excluding limited contacts; or (2) Any animal born in a flock after a scrapie-positive animal was born into VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00191 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 182 9 CFR Ch. I (1–1–18 Edition) § 54.1 that flock or lambed in that flock, if born before that flock completes the requirements of a flock plan; or (3) Any animal that was commingled with a scrapie-positive female animal during or up to 30 days after she lambed, kidded, or aborted, or while a visible vaginal discharge was present, or that was commingled with any other scrapie-positive female animal for 24 hours or more, including during activi ties such as shows and sales or while in marketing channels; or (4) Any animal in a noncompliant flock. Exposed flock. Any flock in which a scrapie-positive animal was born or lambed. Any flock that currently con tains a female high-risk, exposed, or suspect animal, or that once contained a female high-risk, exposed, or suspect animal that lambed in the flock and from which tissues were not submitted for official testing and found negative. A flock that has completed a post-ex posure management and monitoring plan following the exposure will no longer be an exposed flock. Flock. All animals that are main tained on a single premises and all ani mals under common ownership or su pervision on two or more premises with animal interchange between the prem ises. Changes in ownership of part or all of a flock do not change the iden tity of the flock or the regulatory re quirements applicable to the flock. Animals maintained temporarily on a premises for activities such as shows and sales or while in marketing chan nels are not a flock. More than one flock may be maintained on a single premises if: (1) The flocks are enrolled as sepa rate flocks in the SFCP; or (2) A State or APHIS representative determines, based upon examination of flock records, that: (i) There is no interchange of animals between the flocks; (ii) The flocks never commingle and are kept at least 30 feet apart at all times or are separated by a solid wall through, over, or under which fluids cannot pass and through which contact cannot occur; (iii) The flocks have separate flock records and identification; (iv) The flocks have separate lambing facilities, including buildings and pas tures, and a pasture or building used for lambing by one flock is not used by the other flock at any time; and (v) The flocks do not share equip ment without cleaning and disinfection in accordance with § 54.7(e). Additional guidance on acceptable means of clean ing and disinfection is also available in the Scrapie Flock Certification Pro gram standards and the Scrapie Eradi cation Uniform Methods and Rules. Flock of origin. The flock in which an animal most recently resided in which it either was born, gave birth, or was used for breeding purposes. The deter mination of an animal’s flock of origin may be based either on the physical presence of the animal in the flock, the presence of official identification on the animal traceable to the flock, the presence of other identification on the animal that is listed on the bill of sale, or other evidence, such as registry records. Flock plan. A written flock manage ment agreement signed by the owner of a flock, the accredited veterinarian, if one is employed by the owner, and a State or APHIS representative in which each participant agrees to un dertake actions specified in the flock plan to control the spread of scrapie from, and eradicate scrapie in, an in fected flock or source flock or to re duce the risk of the occurrence of scrapie in a flock that contains a high risk or an exposed animal. As part of a flock plan, the flock owner must pro vide the facilities and personnel needed to carry out the requirements of the flock plan. The flock plan must include the requirements in § 54.8(a) through (f). Flock sire. A sexually intact male ani mal that has ever been used for breed ing in a flock. High-risk animal. A sexually intact animal, excluding male sheep that have tested RR at codon 171 and AA at codon 136 using an official genotype test, that is: (1) The progeny of a scrapie-positive dam; or (2) Born in the same flock during the same lambing season as progeny of a scrapie-positive dam, unless the prog eny of the scrapie-positive dam are VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00192 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 183 Animal and Plant Health Inspection Service, USDA § 54.1 1 The names and addresses of laboratories approved by the Administrator to conduct live-animal screening tests will be published in the Notices Section of the FEDERAL REG ISTER. A list of approved laboratories is also available upon request from the Animal and Plant Health Inspection Service, Veterinary Services, National Animal Health Programs Staff, 4700 River Road Unit 43, Riverdale, MD 20737–1235. State, Federal, and university lab oratories will be approved by the Adminis trator when he or she determines that the laboratory: (a) Employs personnel trained by the National Veterinary Services Labora tories assigned to supervise the testing; (b) follows standard test protocols; (c) meets check test proficiency requirements; and (d) will report all test results to State and Fed eral animal health officials. Before the Ad ministrator may withdraw approval of any laboratory for failure to meet any of these conditions, the Administrator must give written notice of the proposed withdrawal to the director of the laboratory and must give the director an opportunity to respond. If there are conflicts as to any material fact, a hearing will be held to resolve the conflicts. from separate contemporary lambing groups; or (3) Born in the same flock during the same lambing season that a scrapie positive animal was born, or during any subsequent lambing season, if born before that flock completes the re quirements of a flock plan; or (4) An exposed female sheep that has not tested QR, HR, or RR at codon 171 using an official genotype test. Infected flock. The flock of origin of a female animal that a State or APHIS representative has determined to be a scrapie-positive animal; or any flock in which a State or APHIS representative has determined that a scrapie-positive female animal has resided unless an epidemiologic investigation conducted by a State or APHIS representative shows that the animal did not lamb or abort in the flock. A flock will no longer be considered an infected flock after it has completed the require ments of a flock plan. Limited contacts. Incidental contacts between animals from different flocks off the flock’s premises such as at fairs, shows, exhibitions and sales; between ewes being inseminated, flushed, or im planted; or between rams at ram test or collection stations. Embryo transfer and artificial insemination equipment and surgical tools must be sterilized between animals for these contacts to be considered limited contacts. Lim ited contacts do not include any con tact, incidental or otherwise, with ani mals in the same flock or with a fe male animal during or up to 30 days after she lambed, kidded or aborted or when there is any visible vaginal dis charge. Limited contacts do not in clude any activity where uninhibited contact occurs, such as sharing an en closure, sharing a section of a trans port vehicle, or residing in other flocks for breeding or other purposes. Exam ples of limited contacts may be found in the Scrapie Flock Certification Pro gram standards. Live-animal screening test. Any test for the diagnosis of scrapie in a live ani mal that is approved by the Adminis trator as usually reliable but not defin itive for diagnosing scrapie, and that is conducted in a laboratory approved by the Administrator. 1 Mortgage. Any mortgage, lien, or other security or interest held by any person other than the one claiming in demnity. National Scrapie Database. A database designated by the Administrator in which APHIS and State animal health agencies cooperatively enter data con cerning scrapie outbreaks, flocks and premises affected by scrapie, individual animal identification and premises identification data, and other data to support the Scrapie Eradication Pro gram and the Scrapie Flock Certifi cation Program. National Veterinary Services Labora tories (NVSL). The National Veterinary Services Laboratories, APHIS, U.S. De partment of Agriculture, or an NVSL cooperating or contract laboratory. Noncompliant flock. (1) Any source or infected flock whose owner declines to enter into a flock plan or post-exposure management and monitoring plan agreement within 30 days of being so designated, or whose owner is not in compliance with either agreement; (2) Any exposed flock whose owner fails to make animals available for testing within 60 days of notification, or as mutually agreed, or whose owner VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00193 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 184 9 CFR Ch. I (1–1–18 Edition) § 54.1 2 Individual copies of the Scrapie Flock Certification Program standards may be ob tained on the World Wide Web at URL http:// www.aphis.usda.gov/vs/scrapie, or from the Animal and Plant Health Inspection Service, National Animal Health Programs Staff, 4700 River Road Unit 43, Riverdale, MD 20737–1235. fails to submit required postmortem samples; (3) Any flock whose owner has mis represented, or who employs a person who has misrepresented, the scrapie status of an animal or any other infor mation on a certificate, permit, owner statement, or other official document within the last 5 years; or (4) Any flock whose owner or man ager has moved, or who employs a per son who has moved, an animal in viola tion of this chapter within the last 5 years. Official genotype test. Any test to de termine the genotype of a live or dead animal that is conducted at either an approved laboratory or at the National Veterinary Services Laboratories, when the animal is officially identified and the samples used for the test are collected and shipped to the laboratory by either an accredited veterinarian or a State or APHIS representative Official test. Any test for the diag nosis of scrapie in a live or dead animal that is approved by the Administrator for that use and conducted either at an approved laboratory or at the National Veterinary Services Laboratories. Owner. A person, partnership, com pany, corporation, or any other legal entity who has legal or rightful title to animals, whether or not they are sub ject to a mortgage. Post-exposure management and moni toring plan. A written agreement signed by the owner of a flock, any accredited veterinarian employed by the owner, and a State or APHIS representative in which each participant agrees to un dertake actions specified in the agree ment to monitor for the occurrence of scrapie in the flock for at least 5 years after the last high-risk or scrapie-posi tive animal is removed from the flock or after the last exposure of the flock to a scrapie-positive animal, unless otherwise specified by a State or APHIS representative. As part of a post-exposure management and moni toring plan, the flock owner must pro vide the facilities and personnel needed to carry out the requirements of the plan. The plan must include the re quirements in § 54.8. Scrapie control pilot project. A pilot project authorized by the Adminis trator in writing, designed to test or improve program procedures or to fa cilitate research, in order to control and eradicate scrapie. In addition to APHIS, participants may include State animal health agencies, flock owners, and other parties as necessary. Scrapie Eradication Program. The co operative State-Federal program ad ministered by APHIS and Consistent States to control and eradicate scrapie. Scrapie Eradication Uniform Methods and Rules (UM&R). Cooperative proce dures and standards adopted by APHIS and Consistent States for controlling and eradicating scrapie. The UM&R will be reviewed at least annually by representatives of the livestock indus try and appropriate State and Federal agencies and the public and will be re vised, and published as needed by APHIS. Scrapie Flock Certification Program (SFCP). The cooperative Federal-State industry voluntary program for the control of scrapie conducted in accord ance with this subpart. Scrapie Flock Certification Program standards. Cooperative procedures and standards adopted by APHIS and State scrapie certification boards for reduc ing the incidence and controlling the spread of scrapie through flock certifi cation. 2 Scrapie-positive animal. An animal for which a diagnosis of scrapie has been made by the National Veterinary Serv ices Laboratories or another labora tory authorized by the Administrator to conduct scrapie tests in accordance with this part, through: (1) Histopathological examination of central nervous system (CNS) tissues from the animal for characteristic mi croscopic lesions of scrapie; (2) The use of proteinase-resistant protein analysis methods including but not limited to immunohistochemistry and/or western blotting on CNS and/or peripheral tissue samples from a live or a dead animal for which a given meth od has been approved by the Adminis trator for use on that tissue; VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00194 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 185 Animal and Plant Health Inspection Service, USDA § 54.1 3 The names and addresses of laboratories approved by the Administrator to conduct tests are published in the Notices Section of the FEDERAL REGISTER. A list of approved laboratories is also available upon request from the Animal and Plant Health Inspec tion Service, Veterinary Services, National Animal Health Programs Staff, 4700 River Road Unit 43, Riverdale, MD 20737–1235. State, Federal, and university laboratories will be approved by the Administrator when he or she determines that the laboratory: (a) Employs personnel trained by the National Veterinary Services Laboratories assigned to supervise the testing; (b) follows standard test protocols; (c) meets check test pro ficiency requirements; and (d) will report all test results to State and Federal animal health officials. Before the Administrator may withdraw approval of any laboratory for failure to meet any of these conditions, the Administratr must give written notice of the proposed withdrawal to the director of the laboratory and must give the director an op portunity to respond. If there are conflicts as to any material fact, a hearing will be held to resolve the conflict. (3) Bioassay; (4) Scrapie associated fibrils (SAF) detected by electron microscopy; or (5) Any other test method approved by the Administrator in accordance with § 54.10. 3 Separate contemporary lambing groups. To be a separate contemporary lambing group, the group must be maintained separately such that the animals cannot come into physical contact with other lambs, kids, ewes or does or birth fluids or placenta from other ewes or does. This separate main tenance must preclude contact through a fence, during lambing and for 60 days following the date the last lamb or kid is born in a lambing season, and must preclude using the same lambing facil ity as other ewes or does, unless the lambing facility is cleaned and dis infected under supervision by an APHIS representative, State represent ative, or an accredited veterinarian be tween lambings in accordance with § 54.7(e). Additional guidance on accept able means of cleaning and disinfection is also available in the Scrapie Flock Certification Program standards and the Scrapie Eradication Uniform Meth ods and Rules. The flock owner must maintain adequate records to docu ment which animals were maintained in each contemporary lambing group and to document when cleaning and disinfection was performed and who su pervised it. Slaughter channels. Animals in slaughter channels include any animal that is sold, transferred, or moved ei ther directly to a slaughter facility, to an individual for custom slaughter, or for feeding for the express purpose of improving the animals’ condition for movement to slaughter. Any sexually intact animal that is commingled with breeding animals or that has been bred is not in slaughter channels. When sell ing animals for slaughter, owners should note on the bill of sale that the animals are sold only for slaughter. Source flock. A flock in which a State or APHIS representative has deter mined that at least one animal was born that was diagnosed as a scrapie positive animal at an age of 72 months or less. The determination that an ani mal was born in a flock will be based on such information as the presence of official identification on the animal traceable to the flock, the presence of other identification on the animal that is listed on the bill of sale, or other evi dence, such as registry records, to show that a scrapie-positive animal was born in the flock, combined with the ab sence of records indicating that the animal was purchased from outside and added to the flock. If DNA from the animal was previously collected by an accredited veterinarian and stored at an approved genotyping laboratory, or if DNA collection and storage are re quired for breed registration and the breed registration has appropriate safe guards in place to ensure the integrity of the banking process, the owner may request verification of the animal’s identity based on DNA comparison if adequate records and identification have been maintained by the owner and the repository to show that the archived DNA is that of the animal that has been traced to the flock. The owner will be responsible for all costs for the DNA comparison. A flock will no longer be a source flock after it has completed the requirements of a flock plan. VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00195 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 186 9 CFR Ch. I (1–1–18 Edition) § 54.2 State. Each of the 50 States, the Dis trict of Columbia, the Northern Mar iana Islands, Puerto Rico, and all terri tories or possessions of the United States. State representative. An individual em ployed in animal health activities by a State or a political subdivision of a State and who is authorized by the State or political subdivision to per form the function involved. Suspect animal. An animal will be des ignated a suspect animal in accordance with § 79.4 of this chapter if it is: (1) A sheep or goat that exhibits any of the following possible signs of scrapie and that has been determined to be suspicious for scrapie by an ac credited veterinarian or a State or APHIS representative: Weight loss de spite retention of appetite; behavioral abnormalities; pruritus (itching); wool pulling; biting at legs or side; lip smacking; motor abnormalities such as incoordination, high stepping gait of forelimbs, bunny hop movement of rear legs, or swaying of back end; increased sensitivity to noise and sudden move ment; tremor, ‘‘star gazing,’’ head pressing, recumbency, or other signs of neurological disease or chronic wast ing. (2) A sheep or goat that has tested positive for scrapie or for the pro teinase resistant protein associated with scrapie on a live-animal screening test or any other test, unless the ani mal is designated a scrapie-positive animal. (3) A sheep or goat that has tested in conclusive or suggestive on an official test for scrapie. Unofficial test. Any test for the diag nosis of scrapie or for the detection of the proteinase resistant protein associ ated with scrapie in a live or dead ani mal that either has not been approved by the Administrator or that was not conducted at an approved laboratory or at the National Veterinary Services Laboratories. § 54.2 Cooperative agreements and memoranda of understanding with States. APHIS will execute cooperative agreements and/or memoranda of un derstanding with the animal health agency of any State in order to coop eratively administer the Scrapie Eradi cation Program and the Scrapie Flock Certification Program within that State. These agreements will describe the respective roles of APHIS and State personnel in implementing the Scrapie Eradication Program and the Scrapie Flock Certification Program. Each agreement may specify the finan cial, material, and personnel resources to be committed to these programs and other scrapie control measures by APHIS and the State; assign specific activities related to the control of scrapie within a State to APHIS or State personnel; establish schedules for APHIS representatives or State rep resentatives to visit flocks; establish procedures for maintaining and sharing program records specified in this part, and specify other responsibilities of State representatives and APHIS rep resentatives in support of the Scrapie Eradication Program and the Scrapie Flock Certification Program. (Approved by the Office of Management and Budget under control number 0579–0101) Subpart A—Scrapie Indemnification Program § 54.3 Animals eligible for indemnity payments. (a) Indemnity may be paid for an ani mal only after the owner of the animal has applied for indemnification and been approved in accordance with § 54.4. Indemnity may be paid only for the fol lowing: (1) Destruction of high-risk animals; (2) Destruction of animals based on an epidemiologic investigation, when the Administrator determines that the destruction of these animals will con tribute to the eradication of scrapie; (3) Destruction of live scrapie-posi tive animals; (4) Destruction of animals that test positive on a live-animal screening test; and (5) Destruction of suspect animals that are destroyed at the request of an APHIS representative. (b) No indemnity will be paid for an animal if the owner of the animal fails to provide APHIS, within 30 days of re quest, animal registration certificates, sale and movement records, or other records requested in accordance with VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00196 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 187 Animal and Plant Health Inspection Service, USDA § 54.5 § 54.5. No indemnity will be paid until the premises, including all structures, holding facilities, conveyances, and materials contaminated because of oc cupation or use by the depopulated ani mals, have been properly cleaned and disinfected in accordance with § 54.7(e). Additional guidance on acceptable means of cleaning and disinfection is also available in the Scrapie Flock Cer tification Program standards and the Scrapie Eradication Uniform Methods and Rules. Premises or portions of premises may be exempted from the cleaning and disinfecting requirements if a designated scrapie epidemiologist determines, based on epidemiologic in vestigation, that cleaning and disinfec tion of such buildings, holding facili ties, conveyances, or other materials on the premises will not significantly reduce the risk of the spread of scrapie, either because effective disinfection is not possible or because the normal op erations on the premises prevent trans mission of scrapie. No indemnity will be paid to an owner if the owner assem bled or increased his flock for the pur pose of collecting or increasing indem nity. § 54.4 Application by owners for in demnity payments. (a) Normally, an application for in demnification will be initiated by a State or APHIS representative who is working with the owner of a flock that has already been determined to be an infected flock or source flock, or that is already under a State movement re striction. In such cases, the flock owner will confirm information about the flock’s eligibility for indemnity that is contained in the application submitted by the State or APHIS rep resentative. However, the owner of any flock may apply directly to receive in demnification by submitting to the Ad ministrator a written request con taining the following information: (1) Name, address, and social security number of the flock owner; (2) Number and breed(s) of animals in the flock, including a current inven tory; (3) Location of flock premises; (4) Reasons the owner believes ani mals in his or her flock may be eligible for indemnification, including any di agnosis of scrapie made for animals in the flock; any signs of scrapie observed in the flock by the owner; and any movement of animals into the flock from flocks infected with or exposed to scrapie; (5) A copy of the registration papers issued in the name of the owner for any registered animals in the flock (reg istration papers are not required for the payment of indemnity for animals that are not registered). If the registra tion papers are unavailable, the owner may choose to accept a lesser indem nity in accordance with § 54.6(b)(2) or the area veterinarian in charge may grant a 60-day extension or the Admin istrator may grant an extension longer than 60 days for the presentation of registration papers; and (6) Signed release letters addressed to any sheep or goat registry associations that maintain records of the owner’s sheep or goats requesting the associa tions to release to APHIS all records maintained by the association on sheep or goats currently or formerly owned by the applicant. (b) APHIS will evaluate each applica tion to determine whether the owner’s flock contains animals eligible for in demnity in accordance with § 54.3. § 54.5 Certification by owners. Before any indemnity is paid to an owner, the owner must sign a written agreement with APHIS, certifying the following: (a) The owner will make available for review upon request by a State or APHIS representative all bills of sale, pedigree registration certificates, and other records regarding movement of animals into and from the flock; (b) If the owner maintains any flock after the payment of indemnity or ac quires a new flock that is housed on the same premises within 5 years after the last high-risk or scrapie-positive animal is removed, the owner will maintain the flock in accordance with a post-exposure management and moni toring plan for 5 years; (c) If the animal for which indemnity is paid is subject to any mortgage, the owner consents to the payment of the indemnity, up to the value of the mort gage, to the person(s) holding the mortgage; VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00197 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 188 9 CFR Ch. I (1–1–18 Edition) § 54.6 (d) That the animal may be removed to a U.S. Department of Agriculture fa cility or a quarantined research facil ity, slaughtered, or euthanized and necropsied and tissues removed for di agnostic or other purposes. § 54.6 Amount of indemnity payments. (a) Indemnity paid for sheep in ac cordance with § 54.3 will be set based on the following price reports published by the Agricultural Marketing Service (AMS). If pricing information is un available from these markets during a given week or month or if the numbers of animals sold are too low to give an accurate market value, the preceding week or month’s value will be used. The AMS reports from the most recent week or month prior to the date APHIS offers to pay an owner indemnity shall be used to calculate the indemnity for that owner’s sheep: (1) The weekly weighted average Choice/Prime slaughter lamb price per pound at Greeley, CO; (2) The weekly weighted average Utility slaughter ewe price per pound at San Angelo, TX; (3) The monthly weighted average commercial western ewe lamb replace ment price per head; (4) The monthly weighted average commercial western yearling ewe re placement price per head; (5) The monthly weighted average commercial western running age ewe price per head. (6) The monthly weighted average commercial western aged ewe price per head. (b) For animals under 1 year of age, the basic indemnity shall equal the price per pound from paragraph (a)(1) of this section times the greater of 50 lbs or the actual weight of the animal; except that, for ewe lambs under 1 year of age, the indemnity shall equal the per-head price from paragraph (a)(3) of this section if that price is higher. For sexually intact sheep 8 years of age or older and castrated animals 1 year of age or older, the basic indemnity shall equal the price per pound from para graph (a)(2) of this section times 150, based on an average weight of 150 lbs. For sexually intact sheep at least 1 year of age and under 2 years of age, the indemnity shall equal the greater of the price per head from paragraph (a)(4) of this section, or the price per pound from paragraph (a)(2) of this sec tion times 150, based on an average weight of 150 lbs. For sexually intact sheep at least 2 years of age and under 6 years of age, the basic indemnity shall equal the greater of the price per head from paragraph (a)(5) of this sec tion or the price per pound from para graph (a)(2) of this section times 150, based on an average weight of 150 lbs. For sexually intact sheep at least 6 years of age and under 8 years of age, the basic indemnity will equal the greater of the price per head from para graph (a)(6) of this section or the price per pound from paragraph (a)(2) of this section times 150, based on an average weight of 150 lbs. A premium shall be added to the basic indemnity for each registered animal, equal to $100 for each registered animal under 1 year of age, $200 for each registered animal at least 1 year of age and under 4 years of age, and $100 for each registered animal at least 4 years of age and under 8 years of age. An additional premium of $50 will be added to the basic indem nity for each flock sire. The owner must provide adequate records to qual ify for these premiums. When the ani mals to be indemnified are goats, or are sheep that fall outside the classes covered previously in this paragraph, the Administrator may take into con sideration the producer’s purchase records and sales records for the pre ceding 12 to 24 months in determining the indemnity amount, but the indem nity shall not exceed the maximum in demnity calculated for registered sheep in accordance with this section. (1) If records and identification are inadequate to determine the actual age of animals, an APHIS or State rep resentative will count all sexually in tact animals that are apparently under 1 year of age, and those that are appar ently at least 1 and under 2 years of age, based on examination of their teeth, and the indemnity for these ani mals will be calculated. The total num ber of these animals will be subtracted from the total number of sexually in tact animals in the group to be indem nified, and indemnity for the remain der will be calculated based on the as sumption that the remainder of the VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00198 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 189 Animal and Plant Health Inspection Service, USDA § 54.7 flock is 80 percent aged 2 to 6 years and 20 percent aged 6 to 8 years. (2) Any animal that is not registered at the time indemnity is first offered, but is eligible to be registered, will re ceive the registered animal premium reduced by $50. (c) For animals destroyed by slaugh ter, the owner will retain the salvage value (the amount paid by a slaughter plant for the animal) of the animals in lieu of receiving the base indemnity. If the salvage value, less transport costs, is less than the base indemnity, APHIS will pay the owner the difference. APHIS will also indemnify the owner in the amount of any registered animal or flock sire premiums for which the animal qualifies. (d) If the owner disagrees with the average weight estimate, he may have the sheep weighed at a public scale at his own expense, provided that the sheep may not come in contact with other sheep or goats during movement to the public scales, and will be paid based on the actual weight times the AMS weekly average price. (e) Indemnity will be paid to an owner only for animals actually in a flock at the time indemnity is first of fered. Animals removed from the flock as part of a post-exposure management and monitoring plan will be paid in demnity based on the AMS average prices at the time an APHIS represent ative designates the animals for re moval. § 54.7 Procedures for destruction of animals. (a) Scrapie-positive and suspect ani mals for which indemnification is sought must be destroyed on the prem ises where they are held, pastured, or penned at the time indemnity is ap proved or moved to an approved re search facility, unless the APHIS rep resentative involved approves in ad vance of destruction moving the ani mals to another location for destruc tion. Animals that are not scrapie-posi tive or suspect animals for which in demnification is sought may be: (1) Slaughtered when moved in ac cordance with part 79 of this chapter and with the prior written approval of the APHIS representative involved; (2) Destroyed on the premises where they are held, pastured, or penned at the time indemnity is approved; (3) Moved to an approved research fa cility; or (4) Moved to another location for de struction if an APHIS representative approves the movement in advance. (b) The carcasses of animals de stroyed in accordance with this section are authorized by the Administrator to be buried, incinerated, or disposed of by other methods in accordance with local, State, and Federal laws. The car casses of scrapie-positive and suspect animals may not be processed for human or animal food. (c) The destruction of animals and disposition of their carcasses in accord ance with this part must be monitored by an APHIS representative who will prepare and transmit to the Adminis trator a report identifying the animals and showing their disposition. (d) APHIS may pay the reasonable costs of disposal for scrapie-positive and suspect animals that are indem nified. To obtain reimbursement for disposal costs, animal owners must ob tain written approval of the disposal costs from APHIS, prior to disposal. The Administrator may also authorize payment of up to half the reasonable disposal costs for animals that are eli gible to be destroyed by slaughter under this section but for which slaughter is not a practical or cost effi cient means of disposal; Provided that, APHIS may pay more than one-half of the expenses when the Administrator determines that doing so will con tribute to scrapie eradication. For re imbursement to be made, the owner of the animals must present the area vet erinarian in charge with a copy of ei ther a receipt for expenses paid or a bill for services rendered. Any bill for services rendered by the owner must not be greater than the normal fee for similar services provided by a commer cial hauler or disposal facility. (e) Cleaning and disinfection of prem ises and equipment. When required, cleaning and disinfection shall be con ducted under the supervision of a State or APHIS representative as follows. Additional guidance on acceptable means of cleaning and disinfection is VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00199 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 190 9 CFR Ch. I (1–1–18 Edition) § 54.8 also available in the Scrapie Flock Cer tification Program standards and the Scrapie Eradication Uniform Methods and Rules: (1) Drylot areas. When required, re move the manure and top 1–2 inches of soil to reduce contamination. Bury, till under, or compost the removed mate rial in areas not accessed by domestic animals or wildlife. (2) Cement, wood, metal, and other non earth surfaces, tools, equipment, instru ments, feed, hay, bedding, and other ma terials. Remove all organic material and compost or incinerate. Clean and wash all surfaces, tools, equipment, and instruments using hot water and detergent. Allow all surfaces, tools, equipment, and instruments to dry completely before disinfecting and sanitizing using the following methods: (i) Incinerate items by high-tempera ture incineration methods; (ii) Autoclave instruments, small tools, and other items at 136 °C for 1 hour; (iii) To clean dry surfaces, apply a 2 percent chlorine bleach solution at room temperature (at least 18.3 °C for 1 hour, or apply a 1-molar solution of so dium hydroxide (approximately 5 oz. of sodium hydroxide dissolved in l gallon water) at room temperature for at least 1 hour. Note: A 2-molar solution is more effective than a 1-molar solu tion and should be used when cir cumstances permit. § 54.8 Requirements for flock plans and post-exposure management and monitoring plans. (a) The owner of the flock or his or her agent must identify all animals 1 year of age or over within the flock. All animals less than 1 year of age must be identified when a change of ownership occurs, with the exception of those animals under 1 year of age mov ing within slaughter channels that must be identified in accordance with §§ 79.2 and 79.3 of this chapter. The form of identification must be an electronic implant, flank tattoo, ear tattoo, or tamper-resistant ear tag approved for this use by APHIS. In the case of goats, the form of identification may alter natively be a tail fold tattoo. The offi cial identification must provide a unique identification number that is applied by the owner of the flock or his or her agent and must be linked to that flock in the National Scrapie Database. (b) Upon request by a State or APHIS representative, the owner of the flock or his or her agent must have an ac credited veterinarian collect tissues from animals for scrapie diagnostic purposes and submit them to a labora tory designated by a State or APHIS representative. (c) Upon request by a State or APHIS representative, the owner of the flock or his or her agent must make animals in the flock and the records required to be kept as a part of these plans avail able for inspection. (d) The owner of the flock or his or her agent must meet requirements found necessary by a State or APHIS representative to monitor for scrapie and to prevent the recurrence of scrapie in the flock and to prevent the spread of scrapie from the flock. These other requirements may include, but are not limited to: Utilization of a live animal screening test; restrictions on the animals that may be moved from the flock; segregated lambing; cleaning and disinfection of lambing facilities; and/or education of the owner of the flock and personnel working with the flock in techniques to recognize clin ical signs of scrapie and to control the spread of scrapie. (e) The owner of the flock or his or her agent must immediately report the following animals to a State represent ative, APHIS representative, or an ac credited veterinarian, and not remove them from a flock without written per mission of a State or APHIS represent ative: (1) Any sheep or goat exhibiting weight loss despite retention of appe tite; behavioral abnormalities; pruritus (itching); wool pulling; biting at legs or side; lip smacking; motor abnormali ties such as incoordination, high step ping gait of forelimbs, bunny hop movement of rear legs, swaying of back end; increased sensitivity to noise and sudden movement; tremor, ‘‘star gaz ing,’’ head pressing, recumbency, or other signs of neurological disease or chronic wasting illness; and (2) Any sheep or goat in the flock that has tested positive for scrapie or VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00200 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 191 Animal and Plant Health Inspection Service, USDA § 54.8 for the proteinase resistant protein as sociated with scrapie on a live-animal screening test or any other test. (f) Requirements for flock plans only. (1) An epidemiologic investigation must be conducted to identify high risk and exposed animals that cur rently reside in the flock or that pre viously resided in the flock, and all high-risk animals, scrapie-positive ani mals, and suspect animals must be re moved from the flock. The animals must be removed either by movement to an approved research facility or by euthanization and disposal of the car casses by burial, incineration, or other methods in accordance with local, State, and Federal laws, or, in the case of high-risk animals, by movement to slaughter in accordance with the provi sions of part 79 of this chapter, or upon request in individual cases by another means determined by the Adminis trator to be sufficient to prevent the spread of scrapie; (2) The premises of a flock under a flock plan must be cleaned and dis infected in accordance with § 54.7(e). Additional guidance on acceptable means of cleaning and disinfection is also available in the Scrapie Flock Cer tification Program standards and the Scrapie Eradication Uniform Methods and Rules. Premises or portions of premises may be exempted from the cleaning and disinfecting requirements if a designated scrapie epidemiologist determines, based on epidemiologic in vestigation, that cleaning and disinfec tion of such buildings, holding facili ties, conveyances, or other materials on the premises will not significantly reduce the risk of the spread of scrapie, either because effective disinfection is not possible or because the normal op erations on the premises prevent trans mission of scrapie. No area where a scrapie-positive animal lambed or aborted may be exempted; (3) The owner of the flock, or his or her agent, must request breed associa tions and registries, livestock markets, and packers to disclose records to APHIS representatives or State rep resentatives, to be used to identify source flocks and trace exposed ani mals, including high-risk animals; and (4) The flock owner must agree to conduct post-exposure management and monitoring. (g) Requirements for post-exposure man agement and monitoring plans only: The plan must require that a State or APHIS representative inspect the flock and flock records at least once every 12 months. The owner of the flock or his or her agent must maintain, and keep for a minimum of 5 years after an ani mal dies or is otherwise removed from a flock, the following records for each animal in the flock: (1) Any identifying marks or tags present on the animal, including the animal’s individual official identifica tion number from its electronic im plant, flank tattoo, ear tattoo, tamper resistant ear tag, or, in the case of goats, tail fold tattoo, and any sec ondary form of identification the owner of the flock may choose to main tain; (2) Sex, year of birth, breed, and when possible to determine, the fol lowing: sire, dam, and offspring of the animal; (3) Date of acquisition and previous flock, if the animal was not born in the flock; and (4) Disposition of the animal, includ ing the date and cause of death, if known, or date of removal from the flock and name and address of the per son to whom the animal was trans ferred. (h) Modification of flock plans and post-exposure management and moni toring plans. A designated scrapie epi demiologist may modify the require ments of a flock plan or post-exposure management and monitoring plan to accommodate the situation of a par ticular flock if the modified plan re quires: (1) That a State or APHIS represent ative inspect the flock and flock records at least once every 12 months; (2) The testing of animals at a level that will result in 99 percent con fidence of detecting a 1 percent preva lence in the flock (for flock plans only); (3) The official identification of all animals upon leaving the premises of the flock for purposes other than slaughter and of all animals over 18 months of age (as evidenced by the VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00201 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 192 9 CFR Ch. I (1–1–18 Edition) § 54.9 eruption of the second incisor) in slaughter channels; and (4) Recordkeeping including: (i) For acquired animals, the date of acquisition, name and address of the person from whom the animal was ac quired, any identifying marks or tags present on the animal including the animal’s individual official identifica tion number from its electronic im plant, flank tattoo, ear tattoo, tamper resistant ear tag, or, in the case of goats, tail fold tattoo, and any sec ondary form of identification the owner of the flock may choose to main tain. (ii) For animals leaving the premises of the flock, the disposition of the ani mal, including, for those animals that are required to be identified, any iden tifying marks or tags present on the animal, including the animal’s indi vidual official identification number from its electronic implant, flank tat too, ear tattoo, tamper resistant ear tag, or, in the case of goats, a tail fold tattoo, and any secondary form of iden tification the owner of the flock may choose to maintain, the date and cause of death, if known, or date of removal from the flock and name and address of the person to whom the animal was transferred. (iii) Maintenance of these records for 5 years. (5) Requirements equivalent to those contained in paragraphs (b), (c), (d), and (e) of this section. (i) Post-exposure management and mon itoring plans for exposed flocks that were not source flocks and in which a scrapie infected animal did not lamb. A des ignated scrapie epidemiologist shall de termine the testing and monitoring re quirements for these flocks based on the exposure risk of the individual flock. § 54.9 Waiver of requirements for scrapie control pilot projects. The Administrator may waive the following requirements of this part for participants in a scrapie control pilot project by recording the requirements waived in the scrapie control pilot project plan: (a) The determination that an animal is a high-risk animal, if the scrapie control pilot project plan contains testing or other procedures that indi cate that an animal, despite meeting the definition of high-risk animal, is unlikely to spread scrapie; and (b) The requirement that high-risk animals must be removed from a flock if the scrapie control pilot project plan contains alternative procedures to pre vent the further spread of scrapie with out removing high-risk animals from the flock. § 54.10 Tests for scrapie. (a) The Administrator may approve new tests for the diagnosis of scrapie conducted on live or dead animals for use in the Scrapie Eradication Pro gram. The Administrator will base the approval or disapproval of a test on the evaluation by APHIS and, when appro priate, outside scientists, of: (1) A standardized test protocol that must include a description of the test, a description of the reagents, mate rials, and equipment used for the test, the test methodology, and any control or quality assurance procedures; (2) Data to support reproducibility, that is, the ability to reproduce the same result repeatedly on a given sam ple; (3) Data to support suitability, that is, data to show that similar results can be produced when the test is run at other laboratories; (4) Data to support the sensitivity and specificity of the test; and (5) Any other data requested by the Administrator to determine the suit ability of the test for program use. (b) To be approved, a scrapie test must be able to be replicated at the Na tional Veterinary Services Labora tories, or another reliable, timely, and cost effective method of check testing must be available to APHIS. (c) A test or combination of tests may be approved for the identification of suspect animals, for the identifica tion of scrapie-positive animals, or for other purposes such as flock certifi cation. For a test to be approved for the identification of scrapie-positive animals, the test must have a speci ficity comparable to the specificity of the currently approved tests. For a test to be approved as a live animal screen ing test for the identification of sus pect animals, the test must be usually VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00202 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 193 Animal and Plant Health Inspection Service, USDA § 54.21 reliable but need not be definitive for diagnosing scrapie. (d) Specific guidelines for use of ap proved scrapie tests within the Scrapie Eradication Program or Scrapie Flock Certification Program will be added to this part as tests are approved and will also be contained in the Scrapie Eradi cation UM&R and the Scrapie Flock Certification Program standards based on the characteristics of the test, in cluding specificity, sensitivity, and predictive value. (e) If an owner elects to have an unof ficial test conducted on an animal for scrapie, or for the proteinase resistant protein associated with scrapie, and that animal tests positive to such a test, the animal will be designated a suspect animal, unless: (1) The test was run as part of a bona fide research protocol designed to evaluate an unapproved test in which the owner is not informed of the test result; or (2) The test protocol includes appro priate measures to prevent the spread of scrapie. § 54.11 Approval of laboratories to run official scrapie tests and official genotype tests. (a) State, Federal, and university laboratories, or in the case of genotype tests, private laboratories will be ap proved by the Administrator when he or she determines that the laboratory: (1) Employs personnel assigned to su pervise the testing who are qualified to conduct the test based on education, training, and experience and who have been trained by the National Veteri nary Services Laboratories (NVSL) or who have completed equivalent train ing approved by NVSL; (2) Has adequate facilities and equip ment to conduct the test; (3) Follows standard test protocols; (4) Meets check test proficiency re quirements; (5) Meets recordkeeping require ments; (6) Will retain records, slides, blocks, and other specimens from all cases for at least 1 year and from positive cases for 5 years; (7) Will allow APHIS to inspect the laboratory without notice during nor mal business hours; and (8) Will report all test results to State and Federal animal health offi cials within agreed timeframes. An in spection may include, but is not lim ited to, review and copying of records, examination of slides, observation of the test being conducted, and inter viewing of personnel. (b) A laboratory may request ap proval to conduct one or more types of scrapie test or genotype test on one or more types of tissue. To be approved, a laboratory must meet the require ments in paragraph (a) of this section for each type of test and for each type of tissue for which they request ap proval. (c) The Administrator may withdraw approval of any laboratory for failure to meet any of the conditions required by paragraph (a) of this section. The Administrator shall give written notice of the proposed withdrawal to the di rector of the laboratory and shall give the director an opportunity to respond. If there are conflicts as to any material fact concerning the reason for with drawal, a hearing will be held to re solve the conflicts. Subpart B—Scrapie Flock Certification Program § 54.20 Administration. The Scrapie Flock Certification Pro gram is a cooperative effort between APHIS; members of the sheep and goat industry, including owners of flocks, slaughtering and rendering establish ments, and breed associations and reg istries; accredited veterinarians; and State governments. APHIS coordinates with State scrapie certification boards and State animal health agencies to encourage flock owners to certify their flocks as free of scrapie by being in continuous compliance with the Scrapie Flock Certification Program standards. § 54.21 Participation. Any owner of a sheep or goat flock may apply to enter the Scrapie Flock Certification Program by sending a written request to a State scrapie cer tification board or to the area veteri narian in charge. A notice containing a current list of flocks participating in VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00203 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 194 9 CFR Ch. I (1–1–18 Edition) § 54.22 the Scrapie Flock Certification Pro gram, and the certification status of each flock, may be obtained from the APHIS web site at URL http:// www.aphis.usda.gov/vs/scrapie. A list of noncompliant flocks may also be ob tained from this site, and either list may be obtained by writing to the Ani mal and Plant Health Inspection Serv ice, National Animal Health Programs Staff, VS, APHIS, 4700 River Road Unit 43, Riverdale, MD 20737–1235. (Approved by the Office of Management and Budget under control number 0579–0101) § 54.22 State scrapie certification boards. An area veterinarian in charge, after consulting with a State representative and industry representatives, may ap point a State scrapie certification board for the purpose of coordinating activities for the Scrapie Flock Certifi cation Program, including making de cisions to admit flocks to the Scrapie Flock Certification Program and to change flock status in accordance with the Scrapie Flock Certification Pro gram standards. These boards are not appointed for the purpose of providing APHIS with consensus advice or policy recommendations. No more than one State scrapie certification board may be formed in each State. Each State scrapie certification board shall in clude as members the area veterinarian in charge, one or more State represent atives, one or more accredited veteri narians, when possible, and one or more owners of flocks, and, at the dis cretion of the area veterinarian in charge, may include other members. PART 55—CONTROL OF CHRONIC WASTING DISEASE Sec. 55.1 Definitions. Subpart A—Chronic Wasting Disease Indemnification Program 55.2 Payment of indemnity. 55.3 Appraisal and destruction of captive cervids. 55.4 Disinfection of premises, conveyances, and materials. 55.5 Presentation of claims for indemnity. 55.6 Mortgage against animals. 55.7 Claims not allowed. 55.8 Official CWD tests and approval of lab oratories to conduct official CWD tests. Subpart B—Chronic Wasting Disease Herd Certification Program 55.21 Administration. 55.22 Participation and enrollment. 55.23 Responsibilities of States and enrolled herd owners. 55.24 Herd status. 55.25 Animal identification. AUTHORITY: 7 U.S.C. 8301–8317; 7 CFR 2.22, 2.80, and 371.4. SOURCE: 67 FR 5931, Feb. 8, 2002, unless oth erwise noted. § 55.1 Definitions. Accredited veterinarian. A veteri narian approved by the Administrator in accordance with part 161 of this chapter to perform functions specified in subchapters B, C, and D of this chap ter. Administrator. The Administrator, Animal and Plant Health Inspection Service, or any person authorized to act for the Administrator. Animal. Any farmed or captive deer, elk, or moose. Animal identification. A device or means of animal identification ap proved for use under this part by APHIS. Examples of animal identifica tion devices that APHIS has approved are listed in § 55.25. Animal identification number (AIN). A numbering system for the official iden tification of individual animals in the United States. The AIN contains 15 dig its, with the first 3 being the country code (840 for the United States), the alpha characters USA, or the numeric code assigned to the manufacturer of the identification device by the Inter national Committee on Animal Record ing. Animal and Plant Health Inspection Service (APHIS). The Animal and Plant Health Inspection Service of the United States Department of Agriculture. APHIS employee. Any individual em ployed by the Animal and Plant Health Inspection Service who is authorized by the Administrator to do any work or perform any duty in connection with the control and eradication of disease. Approved State CWD Herd Certification Program. A program operated by a State government for certification of VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00204 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 195 Animal and Plant Health Inspection Service, USDA § 55.1 cervid herds with respect to CWD that the Administrator has determined to meet the requirements of § 55.23(a). Cervid. All members of the family Cervidae and hybrids, including deer, elk, moose, caribou, reindeer, and re lated species. For the purposes of this part, the term ‘‘cervid’’ refers specifi cally to cervids susceptible to CWD. These are animals in the genera Odocoileus, Cervus, and Alces and their hybrids, i.e., deer, elk, and moose. Commingled, commingling. Animals are commingled if they have direct contact with each other, have less than 10 feet of physical separation, or share equip ment, pasture, or water sources/water shed. Animals are considered to have commingled if they have had such con tact with a positive animal or contami nated premises within the last 5 years. CWD-exposed animal. An animal that is part of a CWD-positive herd, or that has been exposed to a CWD-positive animal or contaminated premises with in the previous 5 years. CWD-exposed herd. A herd in which a CWD-positive animal has resided with in 5 years prior to that animal’s diag nosis as CWD-positive, as determined by an APHIS employee or State rep resentative. CWD Herd Certification Program. The Chronic Wasting Disease Herd Certifi cation Program established by this part. This program includes both herds that are directly enrolled in the CWD Herd Certification Program and herds that are included based on their par ticipation in Approved State CWD Herd Certification Programs. CWD-positive animal. An animal that has had a diagnosis of CWD established through official confirmatory testing conducted by the National Veterinary Services Laboratories. CWD positive herd. A herd in which a CWD positive animal resided at the time it was diagnosed and which has not been released from quarantine. CWD-source herd. A herd that is iden tified through testing, tracebacks, and/ or epidemiological evaluations to be the source of CWD-positive animals identified in other herds. CWD-suspect animal. An animal for which an APHIS employee or State representative has determined that un official CWD test results, laboratory evidence or clinical signs suggest a di agnosis of CWD, but for which official laboratory results have been inconclu sive or not yet conducted. CWD-suspect herd. A herd for which unofficial CWD test results, laboratory evidence, or clinical signs suggest a di agnosis of CWD, as determined by an APHIS employee or State representa tive, but for which official laboratory results have been inconclusive or not yet conducted. Deer, elk, and moose. All animals in the genera Odocoileus, Cervus, and Alces and their hybrids. Department. The United States De partment of Agriculture. Farmed or captive. Privately or pub licly maintained or held for economic or other purposes within a perimeter fence or confined area, or captured from a free-ranging population for interstate movement and release. Herd. One or more animals that are: (1) Under common ownership or su pervision and are grouped on one or more parts of any single premises (lot, farm, or ranch) or (2) All animals under common owner ship or supervision on two or more premises which are geographically sep arated but on which animals have been interchanged or had direct or indirect contact with one another. Herd plan. A written herd and/or premises management agreement de veloped by APHIS in collaboration with the herd owner, State representa tives, and other affected parties. The herd plan will not be valid until it has been reviewed and signed by the Ad ministrator, the State representative, and the herd owner. A herd plan sets out the steps to be taken to control the spread of CWD from a CWD-positive herd, to control the risk of CWD in a CWD-exposed or CWD-suspect herd, or to prevent introduction of CWD into that herd or any other herd. A herd plan will require specified means of identification for each animal in the herd; regular examination of animals in the herd by a veterinarian for clin ical signs of disease; reporting to a State or APHIS representative of any clinical signs of a central nervous sys tem disease or chronic wasting condi tion in the herd; maintaining records of the acquisition and disposition of all VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00205 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 196 9 CFR Ch. I (1–1–18 Edition) § 55.1 animals entering or leaving the herd, including the date of acquisition or re moval, name and address of the person from whom the animal was acquired or to whom it was disposed; and the cause of death, if the animal died while in the herd. A herd plan may also contain ad ditional requirements to prevent or control the possible spread of CWD, de pending on the particular cir cumstances of the herd and its prem ises, including but not limited to de population of the herd, specifying the time for which a premises must not contain cervids after CWD-positive, -ex posed, or -suspect animals are removed from the premises; fencing require ments; selective culling of animals; re strictions on sharing and movement of possibly contaminated livestock equip ment; premises cleaning and disinfec tion requirements; or other require ments. A herd plan may be reviewed and changes to it suggested at any time by any party signatory to it, in response to changes in the situation of the herd or premises or improvements in understanding of the nature of CWD epidemiology or techniques to prevent its spread. The revised herd plan will become effective after it is reviewed by the Administrator and signed by the Administrator, the State representa tive, and the herd owner. Herd status. The status of a herd as signed under the CWD Herd Certifi cation Program in accordance with § 55.24, indicating a herd’s relative risk for CWD. Herd status is based on the number of years of monitoring without evidence of the disease and any specific determinations that the herd has con tained or has been exposed to a CWD positive, -exposed or -suspect animal. Materials. Parts of barns or other structures, straw, hay, and other feed for animals, farm products or equip ment, clothing, and any other articles on the premises that have been in con tact with captive cervids. Mortgage. Any mortgage, lien, or other security or beneficial interest held by any person other than the one claiming indemnity. National Uniform Eartagging System. A numbering system for the official iden tification of individual animals in the United States providing a nationally unique identification number for each animal. The National Uniform Eartagging System employs an eight or nine-character alphanumeric for mat, consisting of a two-number State or territory code, followed by two or three letters and four additional num bers. Official APHIS disease control programs may specify which format to employ. Official animal identification. A device or means of animal identification ap proved for use under this part by APHIS to uniquely identify individual animals. Examples of approved official animal identification devices are listed in § 55.25. The official animal identifica tion must include a nationally unique animal identification number that ad heres to one of the following num bering systems: (1) National Uniform Eartagging Sys tem. The CWD program allows the use of either the eight-character or nine character format for cervids. (2) Animal identification number (AIN). (3) Premises-based number system. The premises-based number system combines an official premises identi fication number (PIN), as defined in this section, with a producer’s live stock production numbering system to provide a unique identification num ber. The PIN and the production num ber must both appear on the official tag. (4) Any other numbering system ap proved by the Administrator for the identification of animals in commerce. Official appraiser (APHIS official ap praiser, State official appraiser). A per son authorized by APHIS (an APHIS official appraiser) or a State (a State official appraiser) to appraise animals for the purposes of this part. An offi cial appraiser may be an APHIS em ployee, a State employee, or a profes sional livestock appraiser working under contract to APHIS or a State. Official CWD test. Any test for the di agnosis of CWD approved by the Ad ministrator and conducted in a labora tory approved by the Administrator in accordance with § 55.8 of this part. Person. Any individual, corporation, company, association, firm, partner ship, society, joint stock company, or other legal entity. VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00206 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 197 Animal and Plant Health Inspection Service, USDA § 55.3 Premises identification number (PIN). A nationally unique number assigned by a State, Tribal, and/or Federal animal health authority to a premises that is, in the judgment of the State, Tribal, and/or Federal animal health author ity, a geographically distinct location from other premises. The premises identification number is associated with an address, geospatial coordi nates, and/or location descriptors which provide a verifiably unique loca tion. The premises identification num ber may be used in conjunction with a producer’s own livestock production numbering system to provide a unique identification number for an animal. It may also be used as a component of a group/lot identification number. The premises identification number may consist of: (1) The State’s two-letter postal ab breviation followed by the premises’ assigned number; or (2) A seven-character alphanumeric code, with the right-most character being a check digit. The check digit number is based upon the ISO 7064 Mod 36/37 check digit algorithm. Secretary. The Secretary of Agri culture of the United States, or any of ficer or employee of the Department delegated to act in the Secretary’s stead. State. Each of the States of the United States, the District of Colum bia, Puerto Rico, the Northern Mariana Islands, Guam, the Virgin Islands of the United States, or any other terri tory or possession of the United States. State representative. A person regu larly employed in the animal health work of a State and who is authorized by that State to perform the function involved. Trace back herd. A herd in which a CWD-positive animal formerly resided. Trace forward herd. A herd that has received exposed animals from a CWD positive herd within 5 years prior to the diagnosis of CWD in the positive herd or from the identified date of entry of CWD into the positive herd. Veterinarian in charge. The veterinary official of Veterinary Services, APHIS, who is assigned by the Administrator to supervise and perform official ani mal health work for APHIS in the State concerned. [67 FR 5931, Feb. 8, 2002, as amended at 71 FR 41701, July 21, 2006; 77 FR 35565, June 13, 2012; 79 FR 23891, Apr. 29, 2014] Subpart A—Chronic Wasting Disease Indemnification Program § 55.2 Payment of indemnity. The Administrator is authorized to pay for the purchase and destruction of CWD positive animals, CWD exposed animals, and CWD suspect animals. Subject to available funding, the amount of the Federal payment for any such animals will be 95 percent of the appraised value established in accord ance with § 55.3 of this part, but the Federal payment shall not exceed $3,000 per animal. If a non-Federal source makes a payment for an animal for which a Federal indemnity is paid, and the non-Federal payment exceeds 5 per cent of the appraised value established in accordance with § 55.3 of this part, the amount of the Federal payment for any such animals will be reduced by the amount by which the non-Federal payment exceeds 5 percent of the ap praised value. The Administrator is also authorized to reimburse State gov ernments or State animal health agen cies for payments they make for the purchase and destruction, on or after October 1, 2001, of CWD positive ani mals, CWD exposed animals, and CWD suspect animals, and for State expendi tures for associated carcass disposal and cleaning and disinfection costs re sulting from such purchase and de struction, in accordance with coopera tive agreements signed by the Adminis trator and the duly authorized agent of the State. § 55.3 Appraisal and destruction of captive cervids. (a) CWD positive herds, or individual CWD suspect animals or exposed ani mals removed by APHIS from a herd for testing, will be appraised by an APHIS official appraiser and a State official appraiser jointly, or, if APHIS and State authorities agree, by either a State official appraiser or an APHIS of ficial appraiser alone. (b) The appraisal of cervids will be the fair market value as determined by VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00207 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 198 9 CFR Ch. I (1–1–18 Edition) § 55.4 the meat or breeding value of the ani mals. Animals may be appraised in groups, provided that where appraisal is by the head, each animal in the group is the same value per head, and where appraisal is by the pound, each animal in the group is the same value per pound. (c) Appraisals of cervids must be re ported on forms furnished by APHIS and signed by the appraisers, and signed by the owner of the cervids to indicate agreement with the appraisal amount. Reports of appraisals must show the number of cervids and the value per head or the weight and value by pound. (d) In accordance with instructions from an APHIS employee, cervids for which indemnification is sought must be: (1) Destroyed on the premises where they are held, pastured, or penned at the time indemnity is approved; (2) Moved to another location for de struction under conditions specified by the APHIS employee; or (3) Moved to an approved research fa cility under conditions specified by the APHIS employee. (e) The carcasses of any cervids de stroyed in accordance with this part are authorized by the Administrator to be incinerated, destroyed in an alka line hydrolysis tissue digestor, or dis posed of by any other method author ized by an APHIS employee and in ac cordance with local, State, and Federal laws. APHIS will pay the reasonable costs of destruction and carcass dis posal for animals that are indemnified. To obtain reimbursement for disposal costs, animal owners must obtain writ ten approval of the disposal costs from APHIS, prior to disposal. Except in cases where APHIS or a State directly arranges for disposal, the owner of the animals must present an APHIS em ployee with a written contract or esti mate of disposal costs. Prior to receiv ing reimbursement, the owner must also present an APHIS employee with a copy of either a receipt for expenses paid by the owner or a bill for services rendered to the owner. Any bill for services rendered presented by the owner must not be greater than the normal fee for similar services pro vided by commercial entities. The car casses of cervids destroyed in accord ance with this section may not be sold to be processed for human or animal food, including dietary supplements. (Approved by the Office of Management and Budget under control number 0579–0189) § 55.4 Disinfection of premises, convey ances, and materials. After cervids are destroyed in accord ance with this part, all premises, in cluding barns, stockyards and pens, all cars and other conveyances, and all other materials on any premises or conveyances used to house or transport such cervids must be cleaned and dis infected under the supervision of an APHIS employee or a State representa tive, using methods specified by the APHIS employee or a State representa tive. Premises may not be restocked with cervids until after the date speci fied in the herd plan required by § 55.7(b) of this part. The owner to whom the indemnity is paid will be re sponsible for expenses incurred in con nection with the cleaning and disinfec tion, except that APHIS or a State will pay for cleaning and disinfection of the conveyances used to transport the cervids to the location of disposal. However, APHIS may also decide to pay the cost of cleaning and dis infecting premises when the procedures needed to conduct effective cleaning and disinfection are unusually exten sive and require methods that are not normally available on a premises. For example, normal procedures would in clude washing surfaces with high-pres sure hoses and disinfectants and bury ing or burning contaminated materials. Unusually extensive procedures would include disposing of contaminated ma terials by digestive disposal or high temperature incineration. § 55.5 Presentation of claims for in demnity. Claims for indemnity for the value of animals destroyed must be documented on a form furnished by APHIS and pre sented to an APHIS employee or a State representative authorized to ac cept the claims. (Approved by the Office of Management and Budget under control number 0579–0189) VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00208 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 199 Animal and Plant Health Inspection Service, USDA § 55.8 § 55.6 Mortgage against animals. When cervids have been destroyed under this part, any claim for indem nity must be presented on forms fur nished by APHIS. The owner of the cervids must certify on the forms that the cervids covered are, or are not, sub ject to any mortgage as defined in this part. If the owner states there is a mortgage, the owner and each person holding a mortgage on the cervids must sign, consenting to the payment of indemnity to the person specified on the form. (Approved by the Office of Management and Budget under control number 0579–0189) § 55.7 Claims not allowed. (a) The Department will not allow claims arising out of the destruction of cervids unless the cervids have been ap praised as prescribed in this part and the owners have signed the appraisal form indicating agreement with the ap praisal amount as required by § 55.3(c) of this part. (b) The Department will not allow claims arising out of the destruction of cervids unless the owners have signed a written agreement with APHIS in which they agree that if they maintain cervids in the future on the premises used for cervids for which indemnity is paid, they will maintain the cervids in accordance with a herd plan and will not introduce cervids onto the prem ises until after the date specified in that herd plan. Persons who violate this written agreement may be subject to civil and criminal penalties. (c) The Department will not allow claims arising out of the destruction of cervids that have been moved or han dled by the owner or a representative of the owner in violation of a law or regulation administered by the Sec retary regarding animal disease, or in violation of a law or regulation for which the Secretary has entered into a cooperative agreement. (Approved by the Office of Management and Budget under control number 0579–0189) § 55.8 Official CWD tests and approval of laboratories to conduct official CWD tests. (a) An official CWD test is: (1) Histopathological examination of central nervous system (CNS) tissues from the animal for characteristic mi croscopic lesions of CWD, using test protocols provided by the National Veterinary Services Laboratories (NVSL); (2) The use of proteinase-resistant protein analysis methods including but not limited to immunohistochemistry and/or western blotting on CNS and/or peripheral tissue samples from a live or a dead animal, using test protocols pro vided by NVSL; or (3) Any other test method approved by the Administrator in accordance with this section. (b) The Administrator may approve new tests for the diagnosis of CWD con ducted on live or dead animals, and will base the approval or disapproval of a test on the evaluation by APHIS and, when appropriate, outside scientists, of: (1) A standardized test protocol that must include a description of the test, a description of the reagents, mate rials, and equipment used for the test, the test methodology, and any control or quality assurance procedures; (2) Data to support reproducibility, that is, the ability to reproduce the same result repeatedly on a given sam ple; (3) Data to support suitability, that is, data to show that similar results can be produced when the test is run at other laboratories; (4) Data to support the sensitivity and specificity of the test; and (5) Any other data requested by the Administrator to determine the suit ability of the test for program use. (c) Specific protocols for official CWD tests are available upon request to NVSL. (d) State, Federal, and university laboratories will be approved by the Administrator to conduct official CWD tests when he or she determines that the laboratory: (1) Employs personnel assigned to su pervise the testing who are qualified to conduct the test based on education, training, and experience and who have been trained by NVSL or who have completed equivalent training ap proved by NVSL; VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00209 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 200 9 CFR Ch. I (1–1–18 Edition) § 55.21 1 An inspection may include, but is not lim ited to, review and copying of records, exam ination of slides, observation of the test being conducted, and interviewing of per sonnel. (2) Has adequate facilities and equip ment to conduct the test; (3) Follows standard test protocols; (4) Meets check test proficiency re quirements; (5) Meets recordkeeping require ments; (6) Will retain records, slides, blocks, and other specimens from all cases for at least 1 year and from positive cases for 5 years; (7) Will allow APHIS to inspect 1 the laboratory without notice during nor mal business hours; and (8) Will report all test results to State and Federal animal health offi cials within agreed timeframes. (e) The Administrator may withdraw approval of any laboratory for failure to meet any of the conditions required by paragraph (d) of this section. The Administrator shall give written notice of the proposed withdrawal to the di rector of the laboratory and shall give the director an opportunity to respond. If there are conflicts as to any material fact concerning the reason for with drawal, a hearing will be held to re solve the conflicts. The hearing will be conducted in accordance with rules of practice that will be adopted by the Administrator for the proceeding. Subpart B—Chronic Wasting Dis ease Herd Certification Pro gram SOURCE: 77 FR 35566, June 13, 2012, unless otherwise noted. § 55.21 Administration. The CWD Herd Certification Program is a cooperative effort between APHIS, State animal health and wildlife agen cies, and deer, elk, and moose owners. APHIS coordinates with these State agencies to encourage deer, elk, and moose owners to certify their herds as low risk for CWD by being in contin uous compliance with the CWD Herd Certification Program standards. § 55.22 Participation and enrollment. (a) Participation by States. Any State that operates a State program to cer tify the CWD status of deer, elk, or moose may request the Administrator to designate the State program as an Approved State CWD Herd Certifi cation Program. The Administrator will approve or disapprove a State pro gram in accordance with § 55.23(a). In States with an Approved State CWD Herd Certification Program, program activities will be conducted in accord ance with the guidelines of that pro gram as long as the State program meets the minimum requirements of this part. A list of Approved State CWD Herd Certification Programs may be obtained by writing to the National Center for Animal Health Program, VS, APHIS, 4700 River Road Unit 43, Riverdale, MD 20737–1235. (b) Participation by owners. Any owner of a farmed or captive deer, elk, or moose herd may apply to enroll in an Approved State CWD Herd Certifi cation Program by sending a written request to the appropriate State agen cy. Subject to the availability of ap propriated funds for a Federal CWD Herd Certification Program, the owner may apply to the APHIS veterinarian in charge if no Approved State CWD Herd Certification Program exists in the herd’s State. APHIS or the State will determine the herd’s eligibility, and if needed will require the owner to submit more details about the herd animals and operations. An application for participation may be denied if APHIS or the State determines that the applicant has previously violated State or Federal laws or regulations for livestock, and that the nature of the violation indicates that the appli cant may not faithfully comply with the requirements of the CWD Herd Cer tification Program. If the enrolling herd is a CWD-positive herd or CWD exposed herd, immediately after enroll ment it must begin complying with a herd plan developed in accordance with § 55.24. After determining that the herd is eligible to participate in accordance with this paragraph, APHIS or the ap propriate State agency will send the herd owner a notice of enrollment that VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00210 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 201 Animal and Plant Health Inspection Service, USDA § 55.23 includes the herd’s enrollment date. In quiries regarding which herds are par ticipating in the CWD Herd Certifi cation Program and their certification should be directed to the State rep resentative of the relevant State. (1) Enrollment date. With the excep tions listed in this paragraph, the en rollment date for any herd that joins the CWD Herd Certification Program after August 13, 2012 will be the date the herd is approved for participation. (i) For herds already participating in State CWD programs, the enrollment date will be the first day that the herd participated in a State program that APHIS subsequently determines quali fies as an Approved State CWD Herd Certification Program in accordance with § 55.23(a) of this part. (ii) For herds that enroll directly in the Federal CWD Herd Certification Program, which is allowed only when there is no Approved State CWD Herd Certification Program in their State and which is subject to the availability of appropriated funds, the enrollment date will be the earlier of: (A) The date APHIS approves enroll ment; or (B) If APHIS determines that the herd owner has maintained the herd in a manner that substantially meets the conditions specified in § 55.23(b) for herd owners, the first day that the herd participated in such a program. How ever, in such cases the enrollment date may not be set at a date more than 3 years prior to the date that APHIS ap proved enrollment of the herd. (iii) For new herds that were formed from and contain only animals from herds enrolled in the CWD Herd Certifi cation Program, the enrollment date will be the latest enrollment date for any source herd for the animals. (2) [Reserved] (Approved by the Office of Management and Budget under control number 0579–0237) § 55.23 Responsibilities of States and enrolled herd owners. (a) Approval of State programs and re sponsibilities of States. In reviewing a State program’s eligibility to be des ignated an Approved State CWD Herd Certification Program, the Adminis trator will evaluate a written state ment from the State that describes the State’s CWD control and deer, elk, and moose herd certification activities and that cites relevant State statutes, reg ulations, and directives pertaining to animal health activities and reports and publications of the State. In deter mining whether the State program qualifies, the Administrator will deter mine whether the State: (1) Has the authority, based on State law or regulation, to restrict the intra state movement of all CWD-positive, CWD-suspect, and CWD-exposed ani mals. (2) Has the authority, based on State law or regulation, to require the prompt reporting of any animal sus pected of having CWD and test results for any animals tested for CWD to State or Federal animal health au thorities. (3) Has, in cooperation with APHIS personnel, drafted and signed a memo randum of understanding with APHIS that delineates the respective roles of the State and APHIS in CWD Herd Cer tification Program implementation. (4) Has placed all known CWD-posi tive, CWD-exposed, and CWD-suspect animals and herds under movement re strictions, with movement of animals from them only for destruction or under permit. (5) Has effectively implemented poli cies to: (i) Promptly investigate all animals reported as CWD-suspect animals; (ii) Designate herds as CWD-positive, CWD-exposed, or CWD-suspect and promptly restrict movement of ani mals from the herd after an APHIS em ployee or State representative deter mines that the herd contains or has contained a CWD-positive animal; (iii) Remove herd movement restric tions only after completion of a herd plan agreed upon by the State rep resentative, APHIS, and the owner; (iv) Conduct an epidemiologic inves tigation of CWD-positive, CWD-ex posed, and CWD-suspect herds that in cludes the designation of suspect and exposed animals and that identifies animals to be traced; (v) Conduct tracebacks of CWD-posi tive animals and traceouts of CWD-ex posed animals and report any out-of State traces to the appropriate State VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00211 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 202 9 CFR Ch. I (1–1–18 Edition) § 55.23 promptly after receipt of notification of a CWD-positive animal; and (vi) Conduct tracebacks based on slaughter or other sampling promptly after receipt of notification of a CWD positive animal at slaughter. (6) Effectively monitors and enforces State quarantines and State reporting laws and regulations for CWD. (7) Has designated at least one State animal health official, or has worked with APHIS to designate an APHIS of ficial, to coordinate CWD Herd Certifi cation Program activities in the State. (8) Has programs to educate those en gaged in the interstate movement of deer, elk, and moose regarding the identification and recordkeeping re quirements of this part. (9) Requires, based on State law or regulation, and effectively enforces identification of all animals in herds participating in the CWD Herd Certifi cation Program; (10) Maintains in the CWD National Database administered by APHIS, or in a State database approved by the Ad ministrator as compatible with the CWD National Database, the State’s: (i) Premises information and as signed premises numbers; (ii) Individual animal information on all deer, elk, and moose in herds par ticipating in the CWD Herd Certifi cation Program in the State; (iii) Individual animal information on all out-of-State deer, elk, and moose to be traced; and (iv) Accurate herd status data. (11) Requires that tissues from all CWD-exposed or CWD-suspect animals that die or are depopulated or other wise killed be submitted to a labora tory authorized by the Administrator to conduct official CWD tests and re quires appropriate disposal of the car casses of CWD-positive, CWD-exposed, and CWD-suspect animals. (b) Responsibilities of enrolled herd owners. Herd owners who enroll in the CWD Herd Certification Program agree to maintain their herds in accordance with the following conditions: (1) Each animal in the herd must be identified using means of animal iden tification specified in § 55.25. All ani mals in an enrolled herd must be iden tified before reaching 12 months of age. In addition, all animals of any age in an enrolled herd must be identified be fore being moved from the herd prem ises. In addition, all animals in an en rolled herd must be identified before the inventory required under para graph (b)(4) of this section, and animals found to be in violation of this require ment during the inventory must be identified during or after the inventory on a schedule specified by the APHIS employee or State representative con ducting the inventory; (2) The herd premises must have pe rimeter fencing adequate to prevent in gress or egress of cervids. This fencing must also comply with any applicable State regulations; (3) The owner must immediately re port to an APHIS employee or State representative all animals that escape or disappear, and all deaths (including animals killed on premises maintained for hunting and animals sent to slaugh ter) of deer, elk, and moose in the herd aged 12 months or older; Except that, APHIS employees or State representa tives may approve reporting schedules other than immediate notification when herd conditions warrant it in the opinion of both APHIS and the State. The report must include the identifica tion numbers of the animals involved and the estimated time and date of the death, escape, or disappearance. For animals that die (including animals killed on premises maintained for hunting and animals sent to slaugh ter), the owner must inform an APHIS or State representative and must make the carcasses of the animals available for tissue sampling and testing in ac cordance with instructions from the APHIS or State representative. In cases where animals escape or dis appear and thus are not available for tissue sampling and testing, or when the owner provides samples that are of such poor quality that they cannot be tested for CWD, an APHIS representa tive will investigate whether the un availability of animals or usable sam ples for testing constitutes a failure to comply with program requirements and will affect the herd’s status in the CWD Herd Certification Program; (4) The owner must maintain herd records that include a complete inven tory of animals that states the species, age, and sex of each animal, the date of VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00212 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 203 Animal and Plant Health Inspection Service, USDA § 55.24 acquisition and source of each animal that was not born into the herd, the date of disposal and destination of any animal removed from the herd, and all individual identification numbers (from tags, tattoos, electronic im plants, etc.) associated with each ani mal. Upon request by an APHIS em ployee or State representative, the owner must allow either of these offi cials or a designated accredited veteri narian access to the premises and herd to conduct an inventory. The owner will be responsible for assembling, han dling, and restraining the animals and for all costs incurred to present the animals for inspection. The APHIS em ployee or State representative may order either an inventory that consists of review of herd records with visual examination of an enclosed group of animals, or a complete physical herd inventory with verification to rec oncile all animals and identifications with the records maintained by the owner. In the latter case, the owner must present the entire herd for in spection under conditions where the APHIS employee, State representative, or accredited veterinarian can safely read all identification on the animals. During inventories, the owner must co operate with the inspector to resolve any discrepancies to the satisfaction of the person performing the inventory. Inventory of a herd will be conducted no more frequently than once per year, unless an APHIS employee, State rep resentative, or accredited veterinarian determines that more frequent inven tories are needed based on indications that the herd may not be in compliance with CWD Herd Certification Program requirements. A complete physical herd inventory must be performed on a herd in accordance with this paragraph at the time a herd is enrolled in the CWD Herd Certification Program; Ex cept that, APHIS may accept a com plete physical herd inventory per formed by an APHIS employee, State representative, or accredited veteri narian not more than 1 year before the herd’s date of enrollment in the CWD Herd Certification Program as ful filling the requirement for an initial inventory. In addition, a complete physical herd inventory must be per formed for all herds enrolled in the CWD Herd Certification Program no more than 3 years after the last com plete physical herd inventory for the herd; (5) If an owner wishes to maintain separate herds, he or she must main tain separate herd inventories, records, working facilities, water sources, equipment, and land use. There must be a buffer zone of at least 30 feet be tween the perimeter fencing around separate herds, and no commingling of animals may occur. Movement of ani mals between herds must be recorded as if they were separately owned herds; (6) New animals may be introduced into the herd only from other herds en rolled in the CWD Herd Certification Program. If animals are received from an enrolled herd with a lower program status, the receiving herd will revert to that lower program status. If animals are obtained from a herd not partici pating in the program, then the receiv ing herd will be required to start over in the program. (Approved by the Office of Management and Budget under control number 0579–0237) § 55.24 Herd status. (a) Initial and subsequent status. When a herd is first enrolled in the CWD Herd Certification Program, it will be placed in First Year status; except that, if the herd is composed solely of animals ob tained from herds already enrolled in the Program, the newly enrolled herd will have the same status as the lowest status of any herd that provided ani mals for the new herd. If the herd con tinues to meet the requirements of the CWD Herd Certification Program, each year, on the anniversary of the enroll ment date the herd status will be up graded by 1 year; i.e., Second Year sta tus, Third Year status, Fourth Year status, and Fifth Year status. One year from the date a herd is placed in Fifth Year status, the herd status will be changed to Certified, and the herd will remain in Certified status as long as it is enrolled in the program, provided its status is not lost or suspended in ac cordance with this section. (b) Loss or suspension of herd status. (1) If a herd is designated a CWD-posi tive herd or a CWD-exposed herd, it VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00213 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 204 9 CFR Ch. I (1–1–18 Edition) § 55.24 will immediately lose its program sta tus and may only reenroll after enter ing into a herd plan. (2) If a herd is designated a CWD-sus pect herd, a trace back herd, or a trace forward herd, it will immediately be placed in Suspended status pending an epidemiologic investigation by APHIS or a State animal health agency. If the epidemiologic investigation determines that the herd was not commingled with a CWD-positive animal, the herd will be reinstated to its former program status, and the time spent in Sus pended status will count toward its promotion to the next herd status level. (i) If the epidemiologic investigation determines that the herd was commin gled with a CWD-positive animal, the herd will lose its program status and will be designated a CWD-exposed herd. (ii) If the epidemiological investiga tion is unable to make a determination regarding the exposure of the herd, be cause the necessary animal or animals are no longer available for testing (i.e., a trace animal from a known positive herd died and was not tested) or for other reasons, the herd status will con tinue as Suspended unless and until a herd plan is developed for the herd. If a herd plan is developed and imple mented, the herd will be reinstated to its former program status, and the time spent in Suspended status will count toward its promotion to the next herd status level; Except that, if the epi demiological investigation finds that the owner of the herd has not fully complied with program requirements for animal identification, animal test ing, and recordkeeping, the herd will be reinstated into the CWD Herd Certifi cation Program at the First Year sta tus level, with a new enrollment date set at the date the herd entered into Suspended status. Any herd reinstated after being placed in Suspended status must then comply with the require ments of the herd plan as well as the requirements of the CWD Herd Certifi cation Program. The herd plan will re quire testing of all animals that die in the herd for any reason, regardless of the age of the animal, may require movement restrictions for animals in the herd based on epidemiologic evi dence regarding the risk posed by the animals in question, and may include other requirements found necessary to control the risk of spreading CWD. (3) If an APHIS or State representa tive determines that animals from a herd enrolled in the program have com mingled with animals from a herd with a lower program status, the herd with the higher program status will be re duced to the status of the herd with which its animals commingled. (c) Cancellation of enrollment by Ad ministrator. The Administrator may cancel the enrollment of an enrolled herd by giving written notice to the herd owner. In the event of such can cellation, any herd enrolled in the CWD Herd Certification Program by that herd owner may not reach Certified status until 5 years after the herd own er’s new application for enrollment is approved by APHIS, regardless of the status of the animals of which the herd is composed. The Administrator may cancel enrollment after determining that the herd owner failed to comply with any requirements of this subpart. Before enrollment is canceled, an APHIS representative will inform the herd owner of the reasons for the pro posed cancellation. (1) Herd owners may appeal designa tion of an animal as CWD-positive, can cellation of enrollment of a herd, or loss or suspension of herd status by writing to the Administrator within 10 days after being informed of the rea sons for the action. The appeal must include all of the facts and reasons upon which the herd owner relies to show that the reasons for the action are incorrect or do not support the ac tion. Specifically, to appeal designa tion of an animal as CWD-positive, the owner may present as evidence the re sults of a DNA test requested and paid for by the owner to determine whether previous official CWD test results were correctly associated with an animal that belonged to the owner. If the owner intends to present such test re sults as evidence, he or she shall re quest the tests and state this in the written notice sent to the Adminis trator. In such cases the Administrator may postpone a decision on the appeal for a reasonable period pending receipt VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00214 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 205 Animal and Plant Health Inspection Service, USDA § 56.1 5 Note that in addition to this requirement, § 81.3 of this chapter restricts the interstate movement of farmed and captive deer, elk, and moose based on their status in the CWD Herd Certification Program. of such test results. To this end, lab oratories approved under § 55.8 are au thorized to conduct DNA tests to com pare tissue samples tested for CWD to samples from tissues that were col lected at the same time from the same animal and are attached to an official identification device. Such DNA tests are available only if the animal owner arranged to submit animal tissue at tached to an official identification de vice along with the other tissues that were collected for the official CWD test. The Administrator will grant or deny the appeal in writing as promptly as circumstances permit, stating the reason for his or her decision. If the Administrator grants an appeal of the status of a CWD-positive animal, the animal shall be redesignated as CWD suspect pending further investigation to establish the final status of the ani mal and its herd. If there is a conflict as to any material fact, a hearing will be held to resolve the conflict. Rules of practice concerning the hearing will be adopted by the Administrator. (2) [Reserved] (d) Herd status of animals added to herds. A herd may add animals from herds with the same or a higher herd status in the CWD Herd Certification Program with no negative impact on the certification status of the receiving herd. 5 If animals are acquired from a herd with a lower herd status, the re ceiving herd reverts to the program status of the sending herd. If a herd participating in the CWD Herd Certifi cation Program acquires animals from a nonparticipating herd, the receiving herd reverts to First Year status with a new enrollment date of the date of acquisition of the animal. (Approved by the Office of Management and Budget under control number 0579–0237) § 55.25 Animal identification. Each animal required to be identified by this subpart must have at least two forms of animal identification attached to the animal. One of the animal iden tifications must be official animal identification as defined in this part, with a nationally unique animal identi fication number that is linked to that animal in the CWD National Database or in an approved State database. The second animal identification must be unique for the individual animal within the herd and also must be linked to that animal and herd in the CWD Na tional Database or in an approved State database. The means of animal identification must be approved for this use by APHIS, and must be an electronic implant, flank tattoo, ear tattoo, tamper-resistant ear tag, or other device approved by APHIS. (Approved by the Office of Management and Budget under control number 0579–0237) PART 56—CONTROL OF H5/H7 LOW PATHOGENIC AVIAN INFLU ENZA Sec. 56.1 Definitions. 56.2 Cooperation with States. 56.3 Payment of indemnity. 56.4 Determination of indemnity amounts. 56.5 Destruction and disposal of poultry and cleaning and disinfection of premises, conveyances, and materials. 56.6 Presentation of claims for indemnity. 56.7 Mortgage against poultry or eggs. 56.8 Conditions for payment. 56.9 Claims not allowed. 56.10 Initial State response and contain ment plan. AUTHORITY: 7 U.S.C. 8301–8317; 7 CFR 2.22, 2.80, and 371.4. SOURCE: 71 FR 56323, Sept. 26, 2006, unless otherwise noted. § 56.1 Definitions. Administrator. The Administrator, Animal and Plant Health Inspection Service, or any other employee of the Animal and Plant Health Inspection Service delegated to act in the Admin istrator’s stead. Animal and Plant Health Inspection Service (APHIS). The Animal and Plant Health Inspection Service of the U.S. Department of Agriculture. Breeding flock. A flock that is com posed of stock that has been developed for commercial egg or meat production VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00215 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 206 9 CFR Ch. I (1–1–18 Edition) § 56.1 and is maintained for the principal pur pose of producing progeny for the ulti mate production of eggs or meat for human consumption. Classification. A designation earned by participation in a Plan program. Commercial flock or slaughter plant. A commercial poultry flock or slaughter plant that is required because of its size to participate in the special provi sions in part 146 of this chapter in order to participate in the Plan. Cooperating State Agency. Any State authority recognized by the Depart ment to cooperate in the administra tion of the provisions of this part 56. This may include the State animal health authority or the Official State Agency. Department. The U.S. Department of Agriculture. Domesticated. Propagated and main tained under the control of a person. Flock plan. A written flock manage ment agreement developed by APHIS and the Official State Agency with input from the flock owner and other affected parties. A flock plan sets out the steps to be taken to eradicate H5/ H7 LPAI from a positive flock, or to prevent introduction of H5/H7 LPAI into another flock. A flock plan shall include, but is not necessarily limited to, poultry and poultry product move ment and geographically appropriate infected and control/monitoring zones. Control measures in the flock plan should include detailed plans for safe handling of conveyances, containers, and other associated materials that could serve as fomites; disposal of flocks; cleaning and disinfection; down time; and repopulation. H5/H7 low pathogenic avian influenza (LPAI). An infection of poultry caused by an influenza A virus of H5 or H7 subtype that has an intravenous patho genicity index in 6-week-old chickens less than or equal to 1.2 or causes less than 75 percent mortality in 4- to 8 week-old chickens infected intra venously, or an infection with influ enza A viruses of H5 or H7 subtype with a cleavage site that is not consistent with a previously identified highly pathogenic avian influenza virus. H5/H7 LPAI exposed. At risk of devel oping H5/H7 LPAI because of associa tion with birds or poultry infected with H5/H7 LPAI, excrement from birds or poultry infected with H5/H7 LPAI, or other material touched by birds or poultry infected with H5/H7 LPAI, or because there is reason to believe that association has occurred with H5/H7 LPAI or vectors of H5/H7 LPAI, as de termined by the Cooperating State Agency and confirmed by APHIS. H5/H7 LPAI virus infection (infected). (1) Poultry will be considered to be in fected with H5/H7 LPAI for the pur poses of this part if: (i) H5/H7 LPAI virus has been iso lated and identified as such from poul try; or (ii) Viral antigen or viral RNA spe cific to the H5 or H7 subtype of AI virus has been detected in poultry; or (iii) Antibodies to the H5 or H7 subtype of the AI virus that are not a consequence of vaccination have been detected in poultry. If vaccine is used, methods should be used to distinguish vaccinated birds from birds that are both vaccinated and infected. In the case of isolated serological positive re sults, H5/H7 LPAI infection may be ruled out on the basis of a thorough ep idemiological investigation that does not demonstrate further evidence of H5/H7 LPAI infection, as determined by the Cooperating State Agency, the Of ficial State Agency, and APHIS. (2) The official determination that H5/H7 LPAI virus has been isolated and identified, viral antigen or viral RNA specific to the H5 or H7 subtype of AI virus has been detected, or antibodies to the H5 or H7 subtype of AI virus have been detected may only be made by the National Veterinary Services Laboratories. Mortgage. Any mortgage, lien, or other security or beneficial interest held by any person other than the one claiming indemnity for the destruction of poultry or eggs due to H5/H7 LPAI. Official appraiser (APHIS official ap praiser, State official appraiser). A per son authorized by APHIS to appraise poultry for the purposes of this part. A State official appraiser is selected by a State and authorized by APHIS. Official State Agency. The State au thority recognized by the Department to cooperate in the administration of the Plan. VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00216 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 207 Animal and Plant Health Inspection Service, USDA § 56.3 Plan. The provisions of the National Poultry Improvement Plan contained in parts 145, 146, and 147 of this chapter. Poultry. Domesticated fowl, including chickens, turkeys, ostriches, emus, rheas, cassowaries, waterfowl, and game birds, except doves and pigeons, which are bred for the primary purpose of producing eggs or meat. Secretary. The Secretary of the United States Department of Agri culture, or any officer or employee of the Department delegated to act in the Secretary’s stead. State. Any of the States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Common wealth of the Northern Mariana Is lands, the Virgin Islands of the United States, or any territory or possession of the United States. Table-egg layer. A domesticated chicken grown for the primary purpose of producing eggs for human consump tion. United States. All of the States. [71 FR 56323, Sept. 26, 2006, as amended at 75 FR 10656, Mar. 9, 2010; 76 FR 15792, Mar. 22, 2011; 79 FR 38753, July 9, 2014; 81 FR 53249, Aug. 12, 2016] § 56.2 Cooperation with States. (a) The Administrator has been dele gated the authority to cooperate with Cooperating State Agencies in the eradication of H5/H7 LPAI. This co operation may include, but is not nec essarily limited to, the following ac tivities: (1) Payment to Cooperating State Agencies for surveillance and moni toring associated with poultry that have been infected with or exposed to H5/H7 LPAI; (2) Transfer of vaccine for H5/H7 LPAI to Cooperating State Agencies if provided for in the initial State re sponse and containment plan approved by APHIS under § 56.10; and (3) Payment for vaccine administra tion by Cooperating State Agencies, if provided for in the initial State re sponse and containment plan approved by APHIS under § 56.10. (b)(1) Any payment made to a State or an Official State Agency for the ac tivities listed in paragraphs (a)(1) and (a)(3) of this section must be made through a cooperative agreement be tween the Cooperating State Agency and APHIS. The payment for which the Cooperating State Agency is eligible will be determined in the cooperative agreement. (i) For any Cooperating State Agency that participates in the National Poul try Improvement Plan diagnostic sur veillance program for H5/H7 LPAI, as described in § 146.14 of this chapter, and has an initial State response and con tainment plan for H5/H7 LPAI that is approved by APHIS, as described in § 56.10 of this part, the cooperative agreement will provide that the Co operating State Agency is eligible for payment of 100 percent of the costs of surveillance and monitoring and 100 percent of the costs of vaccine adminis tration, as determined in the coopera tive agreement. (ii) For any Cooperating State Agen cy that does not meet the criteria in paragraph (b)(1)(i) of this section, the cooperative agreement will provide that the Cooperating State Agency is eligible for payment of 25 percent of the costs of surveillance and moni toring and 25 percent of the costs of vaccine administration, as determined in the cooperative agreement. (2) Transfer of vaccine under para graph (a)(2) of this section must be ac complished through a cooperative agreement between the Cooperating State Agency and APHIS. (c) Cooperating State Agencies will be responsible for making the deter mination to request Federal assistance under this part in the event of an out break of H5/H7 LPAI. [71 FR 56323, Sept. 26, 2006, as amended at 75 FR 10656, Mar. 9, 2010] § 56.3 Payment of indemnity. (a) Activities eligible for indemnity. The Administrator may pay indemnity for the activities listed in paragraphs (a)(1) through (a)(3) of this section, as provided in paragraph (b) of this sec tion: (1) Destruction and disposal of poul try that were infected with or exposed to H5/H7 LPAI; (2) Destruction of any eggs destroyed during testing of poultry for H5/H7 LPAI during an outbreak of H5/H7 LPAI; and VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00217 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 208 9 CFR Ch. I (1–1–18 Edition) § 56.4 (3) Cleaning and disinfection of prem ises, conveyances, and materials that came into contact with poultry that were infected with or exposed to H5/H7 LPAI; or, in the case of materials, if the cost of cleaning and disinfection would exceed the value of the mate rials or cleaning and disinfection would be impracticable for any reason, the destruction and disposal of the mate rials. (b) Percentage of costs eligible for in demnity. Except for poultry that are de scribed by the categories in paragraphs (b)(1) through (b)(3) of this section, the Administrator is authorized to pay 100 percent of the costs, as determined in accordance with § 56.4, of the activities described in paragraphs (a)(1) through (a)(3) of this section, regardless of whether the infected or exposed poul try participate in the Plan. For in fected or exposed poultry that are de scribed by the categories in paragraphs (b)(1) through (b)(3) of this section, the Administrator is authorized to pay 25 percent of the costs of the activities described in paragraphs (a)(1) through (a)(3) of this section: (1) The poultry are from a breeding flock that participates in any Plan pro gram in part 145 of this chapter but that does not participate in the U.S. Avian Influenza Clean or the U.S. H5/ H7 Avian Influenza Clean program of the Plan available to the flock in part 145 of this chapter; or (2) The poultry are from a commer cial flock or slaughter plant, but the flock or slaughter plant does not par ticipate in the U.S. Avian Influenza Monitored program available to the commercial flock or slaughter plant in part 146 of this chapter; or (3) The poultry are located in a State that does not participate in the diag nostic surveillance program for H5/H7 LPAI, as described in § 146.14 of this chapter, or that does not have an ini tial State response and containment plan for H5/H7 LPAI that is approved by APHIS under § 56.10, unless such poultry participate in the Plan with another State that does participate in the diagnostic surveillance program for H5/H7 LPAI, as described in § 146.14 of this chapter, and has an initial State response and containment plan for H5/ H7 LPAI that is approved by APHIS under § 56.10. (c) Other sources of payment. If the re cipient of indemnity for any of the ac tivities listed in paragraphs (a)(1) through (a)(3) of this section also re ceives payment for any of those activi ties from a State or from other sources, the indemnity provided under this part will be reduced by the total amount of payment received from the State or other sources. [71 FR 56323, Sept. 26, 2006, as amended at 75 FR 10657, Mar. 9, 2010; 76 FR 15792, Mar. 22, 2011; 76 FR 65935, Oct. 25, 2011] § 56.4 Determination of indemnity amounts. (a) Destruction and disposal of poultry. (1) Indemnity for the destruction of poultry infected with or exposed to H5/ H7 LPAI will be based on the fair mar ket value of the poultry, as determined by an appraisal. Poultry infected with or exposed to H5/H7 LPAI that are re moved by APHIS or a Cooperating State Agency from a flock will be ap praised by an APHIS official appraiser and a State official appraiser jointly, or, if APHIS and State authorities agree, by either an APHIS official ap praiser or a State official appraiser alone. For laying hens, the appraised value should include the hen’s pro jected future egg production. Apprais als of poultry must be reported on forms furnished by APHIS and signed by the appraisers and must be signed by the owners of the poultry to indi cate agreement with the appraisal amount. Appraisals of poultry must be signed by the owners of the poultry prior to the destruction of the poultry, unless the owners, APHIS, and the Co operating State Agency agree that the poultry may be destroyed immediately. Reports of appraisals must show the number of birds and the value per head. (2) Indemnity for disposal of poultry infected with or exposed to H5/H7 LPAI will be based on receipts or other docu mentation maintained by the claimant verifying expenditures for disposal ac tivities authorized by this part. Any disposal of poultry infected with or ex posed to H5/H7 LPAI for which indem nity is requested must be performed under a compliance agreement between the claimant, the Cooperating State VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00218 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 209 Animal and Plant Health Inspection Service, USDA § 56.4 Agency, and APHIS. APHIS will review claims for indemnity for disposal to en sure that all expenditures relate di rectly to activities described in § 56.5 and in the initial State response and containment plan described in § 56.10. If disposal is performed by the Cooper ating State Agency, APHIS will indem nify the Cooperating State Agency for disposal under a cooperative agree ment. (3) The destruction and disposal of the indemnified poultry must be con ducted in accordance with the initial State response and containment plan for H5/H7 LPAI, as described in § 56.10. (b) Destruction of eggs. Indemnity for eggs destroyed during an outbreak for testing for H5/H7 LPAI will be based on the fair market value of the eggs, as determined by an appraisal. Eggs de stroyed for testing for H5/H7 LPAI will be appraised by an APHIS official ap praiser and a State official appraiser jointly, or, if APHIS and State authori ties agree, by either an APHIS official appraiser or a State official appraiser alone. Appraisals of eggs must be re ported on forms furnished by APHIS and signed by the appraisers and must be signed by the owners of the eggs to indicate agreement with the appraisal amount. Appraisals of eggs must be signed by the owners of the eggs prior to the destruction of the poultry, un less the owners, APHIS, and the Co operating State Agency agree that the eggs may be destroyed immediately. Reports of appraisals must show the number of eggs and the value per egg. (c) Cleaning and disinfection. (1) In demnity for cleaning and disinfection of premises, conveyances, and mate rials that came into contact with poul try that are infected with or exposed to H5/H7 LPAI will be based on receipts or other documentation maintained by the claimant verifying expenditures for cleaning and disinfection activities au thorized by this part. Any cleaning and disinfection of premises, conveyances, and materials for which indemnity is requested must be performed under a compliance agreement between the claimant, the Cooperating State Agen cy, and APHIS. APHIS will review claims for indemnity for cleaning and disinfection to ensure that all expendi tures relate directly to activities de scribed in § 56.5 and in the initial State response and containment plan de scribed in § 56.10. (2) In the case of materials, if the cost of cleaning and disinfection would exceed the value of the materials or cleaning and disinfection would be im practicable for any reason, indemnity for the destruction of the materials will be based on the fair market value of those materials, as determined by an appraisal. Materials will be appraised by an APHIS official appraiser and a State official appraiser jointly, or, if APHIS and State authorities agree, by either an APHIS official appraiser or a State official appraiser alone. Indem nity for disposal of the materials will be based on receipts or other docu mentation maintained by the claimant verifying expenditures for disposal ac tivities authorized by this part. Ap praisals of materials must be reported on forms furnished by APHIS and signed by the appraisers and must be signed by the owners of the materials to indicate agreement with the ap praisal amount. Appraisals of mate rials must be signed prior to the de struction of the materials, unless the owners, APHIS, and the Cooperating State Agency agree that the materials may be destroyed immediately. Any disposal of materials for which indem nity is requested must be performed under a compliance agreement between the claimant, the Cooperating State Agency, and APHIS. APHIS will review claims for compensation for disposal to ensure that all expenditures relate di rectly to activities described in § 56.5 and in the initial State response and containment plan described in § 56.10. (d) Requirements for compliance agree ments. The compliance agreement is a comprehensive document that de scribes the depopulation, disposal, and cleaning and disinfection plans for poultry that were infected with or ex posed to H5/H7 LPAI, or a premises that contained such poultry. The com pliance agreement sets out APHIS re sponsibilities, owner responsibilities, and Cooperating State Agency respon sibilities. The compliance agreement must include the owner’s name and the name and address of the affected prem ises. The compliance agreement must have signatories that include, but are VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00219 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 210 9 CFR Ch. I (1–1–18 Edition) § 56.5 not necessarily limited to, the owner, the grower (if applicable), the Cooper ating State Agency representative, the State veterinarian, and the APHIS area supervisor. In addition, the com pliance agreement must contain a flock plan with estimated cost break downs that include labor, materials, personal protective equipment, travel expenses for personnel involved, and any additional information deemed necessary by the Service. A signed compliance agreement is required be fore beginning any work for which in demnity funds will be requested. Once work associated with the compliance agreement is completed, receipts and documentation detailing the activities specified in the agreement should be forwarded to APHIS for review, ap proval, and final payment. This docu mentation should be submitted to APHIS no later than 30 days after the quarantine release of the affected or exposed premises. (Approved by the Office of Management and Budget under control number 0579–0007) [71 FR 56323, Sept. 26, 2006, as amended at 75 FR 10657, Mar. 9, 2010; 79 FR 38753, July 9, 2014] § 56.5 Destruction and disposal of poultry and cleaning and disinfec tion of premises, conveyances, and materials. (a) Destruction of poultry. Poultry that are infected with or exposed to H5/ H7 LPAI may be required to be de stroyed at the discretion of the Cooper ating State Agency and APHIS and in accordance with the initial State re sponse and containment plan described in § 56.10. The Cooperating State Agen cy and APHIS will select a method to use for the destruction of such poultry based on the following factors: (1) The species, size, and number of the poultry to be destroyed; (2) The environment in which the poultry are maintained; (3) The risk to human health or safe ty of the method used; (4) Whether the method requires spe cialized equipment or training; (5) The risk that the method poses of spreading the H5/H7 LPAI virus; (6) Any hazard the method could pose to the environment; (7) The degree of bird control and re straint required to administer the de struction method; (8) The speed with which destruction must be conducted; and (9) Consistency of the method with humane euthanasia guidelines. (b) Disposal of poultry. Carcasses of poultry that have died from H5/H7 LPAI infection or poultry that have been humanely slaughtered to fulfill depopulation requirements must be dis posed of promptly and efficiently in ac cordance with the initial State re sponse and containment plan described in § 56.10 to prevent the spread of H5/H7 LPAI infection. Disposal methods will be selected by the Cooperating State Agency and APHIS and may include one or more of the following: Burial, incineration, composting, or rendering. Regardless of the method used, strict biosecurity procedures must be imple mented and enforced for all personnel and vehicular movement into and out of the area in accordance with the ini tial State response and containment plan to prevent dissemination of the H5/H7 LPAI virus. (c) Controlled marketing. (1) At the discretion of the Cooperating State Agency and APHIS, poultry that has been infected with or exposed to H5/H7 LPAI may be allowed to move for con trolled marketing in accordance with the initial State response and contain ment plan described in § 56.10 and in ac cordance with the following require ments: (i) Poultry infected with or exposed to H5/H7 LPAI must not be transported to a market for controlled marketing until approved by the Cooperating State Agency in accordance with the initial State response and containment plan described in § 56.10. (ii) Within 7 days prior to slaughter, each flock to be moved for controlled marketing must be tested for H5/H7 LPAI using a test approved by the Co operating State Agency and found to be free of the virus. (iii) Routes to slaughter must avoid other commercial poultry operations whenever possible. All load-out equip ment, trailers, and trucks used on premises that have housed poultry that were infected with or exposed to H5/H7 LPAI must be cleaned and disinfected VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00220 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 211 Animal and Plant Health Inspection Service, USDA § 56.5 and not enter other poultry premises or facilities for 48 hours after removing such poultry from their premises. (iv) Flocks moved for controlled mar keting must be the last poultry mar keted during the week they are mar keted. (2) Poultry moved for controlled mar keting will not be eligible for indem nity under § 56.3. However, any costs re lated to cleaning and disinfection of premises, conveyances, and materials that came into contact with poultry that are moved for controlled mar keting will be eligible for indemnity under § 56.3. (d) Cleaning and disinfection of prem ises, conveyances, and materials. Prem ises, conveyances, and materials that came into contact with poultry in fected with or exposed to H5/H7 LPAI must be cleaned and disinfected; Pro vided, that materials for which the cost of cleaning and disinfection would ex ceed the value of the materials or for which cleaning and disinfection would be impracticable for any reason may be destroyed and disposed. Cleaning and disinfection must be performed in ac cordance with the initial State re sponse and containment plan described in § 56.10, which must be approved by APHIS. Cleaning and disinfection must also be performed in accordance with any applicable State and local environ mental regulations. This paragraph (d) provides guidelines for the develop ment of a cleaning and disinfection plan for a premises and for the mate rials and conveyances on that prem ises. (1) Preparation for cleaning and dis infection. Following the depopulation or controlled marketing of all poultry infected with or exposed to H5/H7 LPAI on a premises, the following procedures should be completed prior to cleaning and disinfection: (i) Secure all feathers and debris that might blow around outside the house in which the infected or exposed poultry were held by gathering and pushing the material into the house; (ii) Apply insecticides and rodenticides immediately after the re moval of the birds, before the house cools; (iii) Close the house in which the poultry were held, maintaining just enough ventilation to remove mois ture. Leave the house undisturbed for a minimum of 72 hours. (2) Cleaning and disinfection. All premises, conveyances, and materials that came into contact with poultry that were infected with or exposed to H5/H7 LPAI must be cleaned and dis infected. Cleaning and disinfection must be performed on all buildings that came into contact with poultry that were infected with or exposed to H5/H7 LPAI within a premises, includ ing pumphouses and service areas. To accomplish cleaning and disinfection, the following procedures should be completed: (i) Disposal of manure, debris, and feed. Clean up all manure, debris, and feed. Compost manure, debris, and feed by windrowing in the house if possible. If this is not possible, set up a system for hauling manure, debris, and feed to an approved site for burial, piling, or composting. Manure, debris, and feed may be removed from the house or premises and disposed of by composting it on site, leaving it in a undisturbed pile on site, or removing it from the site in covered vehicles. Land applica tion of manure, debris, and feed should only be performed in accordance with the initial State response and contain ment plan described in § 56.10. Clean out the house or move or spread litter as determined by the Cooperating State Agency and in accordance with the initial State response and contain ment plan. If composting is used as a disposal method, manure and litter should be composted in accordance with State and local regulations. If lit ter is piled, the litter pile must be cov ered and allowed to sit undisturbed for an amount of time approved by the Co operating State Agency and APHIS and in accordance the initial State re sponse and containment plan described in § 56.10. Drying and heat in situ over time are effective and may be used in place of composting if weather condi tions or conditions in the building are favorable. After use, equipment used to clean out manure, debris, and feed must be cleaned, disinfected, and in spected at the site to which the ma nure and litter was transported. In the case of inclement weather, the equip ment may be cleaned, disinfected, and VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00221 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 212 9 CFR Ch. I (1–1–18 Edition) § 56.6 inspected at off-site wash stations at the discretion of the Cooperating State Agency and APHIS. (ii) Cleaning of premises and materials. Cleaning and washing should be thor ough to ensure that all materials or substances contaminated with H5/H7 LPAI virus, especially manure, dried blood, and other organic materials, are removed from all surfaces. Spray all contaminated surfaces above the floor with detergent and water to knock dust down to the floor, using no more water than necessary. Wash equipment and houses with detergent and water. Disassemble equipment as required to clean all contaminated surfaces. Spe cial attention should be given to auto matic feeders and other closed areas to ensure adequate cleaning. Inspect houses and equipment to ensure that cleaning has removed all contaminated materials or substances. Rinse with fresh water and let houses and equip ment dry completely before applying disinfectant. (iii) Disinfection of premises and mate rials. When cleaning has been com pleted and all surfaces are dry, all inte rior surfaces of the structure should be saturated with a disinfectant reg istered with the U.S. Environmental Protection Agency (EPA) for AI virus per label instructions or a disinfectant approved by the EPA for use under a Federal Insecticide, Rodenticide, and Fungicide Act section 18 exemption. A power spray unit should be used to spray the disinfectant on all surfaces that may be treated with the disinfect ant according to its EPA label, making sure that the disinfectant gets into cracks and crevices. Special attention should be given to automatic feeders and other closed areas to ensure ade quate disinfection. (vi) Cleaning and disinfection of con veyances. Clean and disinfect all trucks and vehicles used in transporting af fected poultry or materials before soil dries in place. Both exterior, including the undercarriage, and interior sur faces, including truck cabs, must be cleaned. The interior of the truck cabs should be washed with clean water and sponged with a disinfectant authorized in § 71.10(a) of this chapter. Manure and litter removed from these vehicles should be handled in a manner similar to that described in paragraph (d)(2)(i) of this section. (3) Activities after cleaning and dis infection. Premises should remain empty until testing provides negative virus detection results and checked by the Cooperating State Agency in ac cordance with the initial State re sponse and containment plan described in § 56.10. The premises may not be re stocked with poultry until after the date specified in the initial State re sponse and containment plan described in § 56.10. (4) Destruction and disposal of mate rials. In the case of materials for which the cost of cleaning and disinfection would exceed the value of the mate rials or for which cleaning and disinfec tion would be impracticable for any reason, the destruction and disposal of the materials must be conducted in ac cordance with the initial State re sponse and containment plan described in § 56.10. [71 FR 56323, Sept. 26, 2006, as amended at 75 FR 10657, Mar. 9, 2010; 79 FR 38753, July 9, 2014] § 56.6 Presentation of claims for in demnity. Claims for the following must be doc umented on a form furnished by APHIS and presented to an APHIS employee or the State representative authorized to accept the claims: (a) Compensation for the value of poultry to be destroyed due to infec tion with or exposure to H5/H7 LPAI; (b) Compensation for the value of eggs to be destroyed during testing for H5/H7 LPAI; and (c) Compensation for the cost of cleaning and disinfection of premises, conveyances, and materials that came into contact with poultry infected with or exposed to H5/H7 LPAI, or, in the case of materials, if the cost of clean ing and disinfection would exceed the value of the materials or cleaning and disinfection would be impracticable for any reason, the cost of destruction and disposal for the materials. (Approved by the Office of Management and Budget under control number 0579–0007) [71 FR 56323, Sept. 26, 2006, as amended at 75 FR 10657, Mar. 9, 2010] VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00222 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 213 Animal and Plant Health Inspection Service, USDA § 56.9 § 56.7 Mortgage against poultry or eggs. When poultry or eggs have been de stroyed under this part, any claim for indemnity must be presented on forms furnished by APHIS. The owner of the poultry or eggs must certify on the forms that the poultry or eggs covered are, or are not, subject to any mort gage as defined in this part. If the owner states there is a mortgage, the owner and each person holding a mort gage on the poultry or eggs must sign the APHIS-furnished form, consenting to the payment of indemnity to the person specified on the form. (Approved by the Office of Management and Budget under control number 0579–0007) [71 FR 56323, Sept. 26, 2006, as amended at 75 FR 10657, Mar. 9, 2010] § 56.8 Conditions for payment. (a) When poultry or eggs have been destroyed pursuant to this part, the Administrator may pay claims to any party with which the owner of the poultry or eggs has entered into a con tract for the growing or care of the poultry or eggs. The indemnity the Ad ministrator may pay to such a party or parties shall be determined as follows: (1) Divide the value of the contract the owner of the poultry or eggs en tered into with another party for the growing and care of the poultry or eggs in dollars by the duration of the con tract as it was signed prior to the H5/ H7 LPAI outbreak in days; (2) Multiply this figure by the time in days between the date the other party began to provide services relating to the destroyed poultry or eggs under the contract and the date the poultry or eggs were destroyed due to H5/H7 LPAI. (b)(1) If indemnity for the destroyed poultry or eggs is being provided for 100 percent of eligible costs under § 56.3(b), the Administrator may pay contrac tors eligible for compensation under this section 100 percent of the indem nity determined in paragraph (a) of this section. (2) If indemnity for the destroyed poultry or eggs is being provided for 25 percent of eligible costs under § 56.3(b), the Administrator may pay contrac tors eligible for compensation under this section 25 percent of the indem nity determined in paragraph (a) of this section. (c) If a contractor receiving indem nity under this section has received any payment under his or her contract from the owner of the poultry or eggs at the time the poultry or eggs are de stroyed, the amount of indemnity for which the contract grower is eligible will be reduced by the amount of the payment the contract grower has al ready received. (d) If indemnity is paid to a con tractor under this section, the owner of the poultry or eggs will be eligible to receive the difference between the in demnity paid to the growers and the total amount of indemnity that may be paid for the poultry or eggs. (e) In the event that determination of indemnity to a party with which the owner of destroyed poultry or eggs has entered into a contract for the growing or care of the poultry or eggs using the method described in paragraph (a) of this section is determined to be im practical or inappropriate, APHIS may use any other method that the Admin istrator deems appropriate to make that determination. [71 FR 56323, Sept. 26, 2006, as amended at 75 FR 10657, Mar. 9, 2010] § 56.9 Claims not allowed. (a) The Department will not allow claims arising out of the destruction of poultry unless the poultry have been appraised as prescribed in this part and the owners have signed the appraisal form indicating agreement with the ap praisal amount as required by § 56.4(a)(1). (b) The Department will not allow claims arising out of the destruction of poultry unless the owners have signed a written agreement with APHIS in which they agree that if they maintain poultry in the future on the premises used for poultry for which indemnity is paid, they will maintain the poultry in accordance with a plan set forth by the Cooperating State Agency and will not introduce poultry onto the premises until after the date specified by the Co operating State Agency. Persons who do not maintain their poultry and premises in accordance with this writ ten agreement will not be eligible to receive indemnity under this part. VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00223 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 214 9 CFR Ch. I (1–1–18 Edition) § 56.10 (c) The Department will not allow claims arising out of the destruction of poultry unless the poultry have been moved or handled by the owner in ac cordance with an agreement for the control and eradication of H5/H7 LPAI and in accordance with part 56, for any progeny of any poultry unless the poul try have been moved or handled by the owner in accordance with an agree ment for the control and eradication of H5/H7 LPAI and in accordance with part 56, or for any poultry that become or have become infected with or ex posed to H5/H7 LPAI because of actions not in accordance with an agreement for the control and eradication of H5/H7 LPAI or a violation of this part. (Approved by the Office of Management and Budget under control number 0579–0007) [71 FR 56323, Sept. 26, 2006, as amended at 75 FR 10657, Mar. 9, 2010] § 56.10 Initial State response and con tainment plan. (a) In order for poultry owners within a State to be eligible for indemnity for 100 percent of eligible costs under § 56.3(b), the State in which the poultry participate in the Plan must have in place an initial State response and con tainment plan that has been approved by APHIS. The initial State response and containment plan must be devel oped by the Official State Agency. In States where the Official State Agency is different than the Cooperating State Agency, the Cooperating State Agency must also participate in the develop ment of the plan. The plan must be ad ministered by the Cooperating State Agency of the relevant State. This plan must include: (1) Provisions for a standing emer gency disease management committee, regular meetings, and exercises, in cluding coordination with any tribal governments that may be affected; (2) A minimum biosecurity plan fol lowed by all poultry producers; (3) Provisions for adequate diagnostic resources; (4) Detailed, specific procedures for initial handling and investigation of suspected cases of H5/H7 LPAI; (5) Detailed, specific procedures for reporting test results to APHIS. These procedures must be developed after ap propriate consultation with poultry producers in the State and must pro vide for the reporting only of con firmed cases of H5/H7 LPAI in accord ance with § 146.13 of this chapter; (6) Detailed, strict quarantine meas ures for presumptive and confirmed index cases; (7) Provisions for developing flock plans for infected and exposed flocks; (8) Detailed plans for disposal of in fected flocks, including preexisting agreements with regulatory agencies and detailed plans for carcass disposal, disposal sites, and resources for con ducting disposal, and detailed plans for disposal of materials that come into contact with poultry infected with or exposed to H5/H7 LPAI; (9) Detailed plans for cleaning and disinfection of premises, repopulation, and monitoring after repopulation; (10) Provisions for appropriate con trol/monitoring zones, contact surveys, and movement restrictions; (11) Provisions for monitoring activi ties in control zones; (12) If vaccination is considered as an option, a written plan for use in place with proper controls and provisions for APHIS approval of any use of vaccine; (13) Plans for H5/H7 LPAI-negative flocks that provide for quarantine, testing, and controlled marketing; and (14) Public awareness and education programs regarding avian influenza. (b) If a State is designated a U.S. Avian Influenza Monitored State, Lay ers under § 146.24(a) of this chapter or a U.S. Avian Influenza Monitored State, Turkeys under § 146.44(a) of this chap ter, it will lose that status during any outbreak of H5/H7 LPAI and for 90 days after the destruction and disposal of all infected or exposed birds and cleaning and disinfection of all affected prem ises are completed. [71 FR 56323, Sept. 26, 2006, as amended at 75 FR 10658, Mar. 9, 2010] VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00224 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B