(g) "Materials” means parts of barns or other structures, straw, hay, and other feed for animals, farm products or equipment, clothing, and articles stored or contained in or adjacent to barns or other structures.

(h) "Person" means natural person, firm, partnership, corporation, company, society, and association, and every offcer, agent, or employee thereof.

(1) "State” means each and every one of the States of the United States, the District of Columbia, and the Territories and possessions of the United States.

(1) "Mortgage” means any mortgage, lien or other security or beneficial interest held by any person other than the one claiming indemnity. & 53.2 Determination of existence of

disease; agreements with States. (a) Upon declaration by the Secretary of Agriculture of the existence of any disease which in his opinion threatens the livestock industry of the country, the Director of Division is hereby authorized to invite the proper State authorities to cooperate with the Department in the control and eradiction of such disease.

(b) Upon agreement of the authorities of the State to enforce quarantine restrictions and orders and directives properly issued in the control and eradication of such a disease, the Director of Division is hereby authorized to agree, on the part of the Department, to cooperate with the State in the control and eradication of the disease, and to pay not more than 50 percent of the expenses of purchase, destruction and disposition of animals and materials required to be destroyed because of being contaminated by or exposed to such disease: Provided, That the Secretary may authorize other arrangements for the payment of such expenses upon finding that an extraordinary emergency exists. § 53.3 Appraisal of animals or materials.

(a) Animals affected by or exposed to disease, and materials required to be destroyed because of being contaminated by or exposed to disease shall be appraised by a Division employee and a representative of the State jointly, or, if the state authorities approve, by a Division employee alone.

(b) The appraisal of animals shall be based on the meat, egg production, dairy or breeding value, but in the case of appraisal based on breeding value, no appraisal of any animal shall exceed three times its meat, egg production, or

fected when necessary by such methods as the Director of Division shall prescribe from time to time.

§ 53.7 Disinfection of premises, conveyances, and materials.

All premises, including barns, corrals, stockyards and pens, and all cars, vessels, aircraft, and other conveyances, and the materials thereon, shall be cleaned and disinfected under supervision of a Division employee whenever necessary for the control and eradication of disease. Expenses incurred in connection with such cleaning and disinfection shall be shared according to the agreement reached under § 53.2 with the State in which the work is done. § 53.8

Presentation of claims.

Claims for (a) compensation for the value of animals, (b) cost of burial, burning or other disposition of animals, (c) the value of material destroyed, and (d) the expenses of destruction, shall each be presented, through the inspector in charge, to the Division on separate vouchers in form approved by the Director of Division.

§ 53.9 Mortgage against animals or materials.

When animals or materials have been destroyed pursuant to the requirements contained in this part, any claim for indemnity shall be presented on forms furnished by the Division on which the owner of the animals or materials shall certify that the animals or materials covered thereby, are, or are not, subject to any mortgage as defined in this part. If the owner states there is a mortgage, forms furnished by the Division shall be signed by the owner and by each person holding a mortgage on the animals or materials, consenting to the payment of any indemnity allowed to the person specified thereon.

For the purpose of this part, the following words, names and terms shall be construed, respectively, to mean:

(a) "The Department" means the United States Department of Agriculture.

(b) "Division" means the Animal Disease Eradication Division of the Agricultural Research Service, United States Department of Agriculture.

(c) "Destroyed" means destroyed by slaughter or by such other means as may be authorized by the Director of Division. (d) "Animals" include sheep and/or goats.

(e) "Mortgage" means any mortgage, lien or other security or beneficial interest held by any person other than the one claiming indemnity.

§ 54.2 Cooperation with States.

Upon determination by the Director of Division of the existence of scrapie, he shall solicit the cooperation of the proper State or Territory authorities in the eradiction of such disease.

§ 54.3 Appraisal of animals.

(a) Affected and exposed animals shall be appraised at their actual value at the place and time of appraisal by a representative of the Division and a repre

sentative of the State jointly, except that, if the owner and State authorities approve, such animals may be appraised by a representative of the Division alone. Animals may be appraised in groups providing they are the same species and type and providing that where appraisal is by the head each animal in the group is the same value per head or where appraisal is by the pound each animal in the group is the same value per pound.

(b) The Division may decline to accept any appraisal that appears to it to be unreasonable or out of proportion to the value of similar animals of a like quality. Appraisals shall not exceed any limit set by the laws of the State or other agency which is cooperating with the Division in the payment of indemnity because of scrapie. $ 54.4 Time limit for slaughter.

Animals slaughtered under this part shall be slaughtered within 15 days after the date of appraisal unless such time is specifically extended by the Director of Division. $ 54.5 Care and feeding of animals

under quarantine; disposal of ani.

mals after slaughter. Expenses for the care and feeding of animals held for destruction and the expense of destruction, burial, incineration, etc., and/or transportation and other expenses incidental to their slaughter will not be paid by the Department. $ 54.6 Mortgage against animals.

When animals have been destroyed pursuant to the requirements contained in this part, any claim for indemnity shall be presented on forms furnished by the Division on which the owner of the animals shall certify that the animals covered thereby, are, or are not, subject to any mortgage as defined in this part. If the owner states there is a mortgage, forms furnished by the Division shall be signed by the owner and by each person holding a mortgage on the animals, consenting to the payment of any indemnity allowed to the person specified thereon. $ 54.7 Destruction of animals.

(a) Animals affected with or exposed to scrapie shall be destroyed under this part only after obtaining the written agreement of the owner to accept, as compensation in full from the United States, 50 percent of the difference between the appraisal value and the salvage value not to exceed $25 per head

for grade animals and $75 per head for purebred animals.

(b) Animals which are exposed to but which do not show visible symptoms of scrapie and whose flesh can be saved for food without risk of spreading the disease may be slaughtered in an establishment approved by the Director of Division. § 54.8 Payments to owners for animals

destroyed. (a) Owners of animals destroyed in accordance with this part because such animals are affected with or exposed to scrapie shall be paid an indemnity not to exceed 50 percent of the difference between the appraised value of each animal so destroyed and the net salvage received by the owner thereof.

(b) The Federal indemnity shall be limited to $25 per head for grade animals and $75 per head for purebred animals.

(c) The Division may indemnify owners up to the limitations specified in this part whether or not the State participates in indemnity payment.

(d) Animals presented for appraisal as purebred shall be accompanied by their certificate of registry at the time of appraisal, or they shall be appraised as grades: Provided, however, That in the absence of such proof of purebreeding the Director of Division may grant a reasonable time for the presentation of their certificate of registration to the appraiser. $ 54.9 Claims not allowed.

(a) The Department will not allow claims arising out of the destruction of animals unless they have been previously appraised, and the owners thereof shall have executed agreements, in compliance with this part.

(b) The Department will not allow claims if the claimant has failed to comply with any of the Department regulations pertaining to scrapie including the necessary cleaning and disinfection of his premises and conveyances.

PART 55—CATTLE DESTROYED BE

CAUSE OF ANAPLASMOSIS Sec 55.1 Cooperation in eradication of anaplas

thereof shall execute a wr ment to the appraisal.

PART 56-SWINE DEST BECAUSE OF HOG CH

AUTHORITY: The provisions of this part 55 issued under sec. 3, 23 Stat. 32, as amended, sec. 2, 32 Stat. 792, as amended, sec. 11, 58 Stat. 734, as amended; 21 U.S.C. 114, 111, 114a.

SOURCE: The provisions of this Part 55 appear at 28 F.R. 5937, June 13, 1963. $ 55.1 Cooperation in eradiction of

anaplasmosis. Upon agreement of the authorities of the Territory of Hawaii to enforce quarantine restrictions and orders and directives properly issued in the control and eradication of anaplasmosis of cattle and to pay 50 percent of the expenses of the purchase and disposition of cattle affected by the disease, the Director of the Animal Disease Eradication Division of the Agricultural Research Service is hereby authorized to agree on the part of the Department to cooperate with the Territory in the control and eradication of the subject disease and to pay not more than 50 percent of such expenses. § 55.2 Appraisal of animals.

Animals required to be destroyed because of being infected with anaplasmosis shall be appraised by an officially designated representative of the Animal Disease Eradication Division or the Territory of Hawaii and shall be destroyed within a period of time acceptable to the Director of the Division. Such appraisal shall be based on the actual value of the cattle at the time and place of appraisal. $ 55.3 Payments of indemnity; claims

not allowed. (a) Owners of affected cattle destroyed in accordance with this part shall be paid an indemnity not to exceed one-half the difference between the appraised value and the salvage value but the payment shall not exceed the amount paid by the Territory of Hawaii.

(b) In the discretion of the Division Director claims will not be allowed under the terms of this part if the payee has not complied with all quarantine requirements.

(c) Claims will not be allowed for expenses for the care and feeding of animals held for destruction.

(d) in the discretion of the Division Director claims will not be allowed arising out of the destruction of animals unless they shall have been appraised as described in this part and the owner

Sec.
56.1 Definitions.
56.2 Cooperation with States.
56.3 Appraisal of swine.
56.4 Care and feeding of

quarantine; disposal aft
56.5 Mortgages against swine.
56.6 Destruction of swine.
56.7 Payments to owners for

stroyed. 56.8 Claims not allowed.

AUTHORITY: The provisions of issued under sec. 3-5, 23 Stat. 32, sec. 2, 32 Stat. 792, as amended, se 1265, as amended, sec. 11, 58 s amended; 21 U.S.C. 111, 112, 113 120, 125.

SOURCE: The provisions of this pear at 28 F.R. 9915, Sept. 12, 1963 $ 56.1 Definitions.

For the purpose of this par lowing words, names, and te be construed, respectively, to

(a) "The Department” m United States Department of ture.

(b) "Division" means the Ar ease Eradication Division of cultural Research Service, Uni Department of Agriculture.

(C) "Destroyed" means C under State or Federal auth destroyed by slaughter or by de wise.

(d) “Hog Cholera" means tagious, infectious, and com disease of swine commonly knd cholera.

(e) "Mortgage” means any lien, or other security or ben terest held by any person o the one claiming indemnity.

(f) "State" means any Sta tory, the District of Columbia, Rico. $ 56.2 Cooperation with State

Upon determination by th of the Division of the exister cholera, and upon agreement thorities of the State to enfor tine restrictions and orders tives properly issued in the ci eradication of hog cholera, he

ized to cooperate with the proper State authorities in the eradication of such disease. § 56.3 Appraisal of swine.

Swine affected with or exposed to hog cholera which are to be destroyed and indemnities paid therefor under this part shall be appraised at their actual value for meat, feeding or breeding purposes at the place and time of appraisal, except that in the case of grade animals only females shall be eligible for appraisal based on breeding value and that no such appraisal shall exceed three times the animals' meat or feeding value. Appraisal shall be made by a representative of the Division and a representative of the State jointly, or, if the State authorities approve, by a Division employee alone. The record of appraisal shall be signed by the appraiser, or appraisers, and by the owner certifying his acceptance of the appraisal. Swine may be appraised in groups providing they are the same type and providing that where appraisal is by the head each animal in the group is the same value per head or where appraisal is by the pound each animal in the group is the same value per pound. Swine presented for appraisal as purebred shall be accompanied by their certificate of registry at the time of appraisal, or they shall be appraised as grades: Provided, however, that in the absence of such proof of purebreeding the Director of Division may grant a reasonable time for the presentation of their certificate of registration to the appraiser. 8 56.4 Care and feeding of swine under

quarantine; disposal after slaughter. Expenses for the care and feeding of swine held for destruction and the expense of destruction, burial, incineration, etc., and/or transportation and other expenses incidental to their slaughter will not be paid by the Department, unless the payment of such expense is specifically authorized or approved by the Director of Division. $ 56.5 Mortgages against swine.

Any indemnity claim for swine destroyed pursuant to the requirements contained in this part shall be presented on forms furnished by the Division on which the owner of the swine shall certify that the swine covered thereby, are,