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SUBCHAPTER D-EXPORTATION AND IMPORTATION OF ANIMALS

AND ANIMAL PRODUCTS

Part

91 Inspection and handling of livestock for exportation.

92 Importation of certain animals and poultry and certain animal and poultry

products.

94 Rinderpest, foot-and-mouth disease, fowl pest (fowl plague), Newcastle

disease (avian pneumonencephalitis), and African swine fever: prohibited

and restricted importations.

95 Sanitary control of animal byproducts (except casings), and hay and straw,

offered for entry into the United States.

96 Restriction of importations of foreign animal casings offered for entry into

the United States.

97 Overtime services relating to imports and exports.

SUBCHAPTER E—VIRUSES, SERUMS, TOXINS, AND ANALOGOUS

PRODUCTS; ORGANISMS AND VECTORS

101 General provisions.

102 Licenses and permits to import biological products.

103

Experimental production, distribution, and evaluation of biological products

prior to licensing.

108 Sanitation at licensed establishments.

109 Sterilization at licensed establishments.

112 Labels and samples.

114 Miscellaneous requirements for licensed establishments.

115 Reinspection.

116 Records and reports.

117 Animals

118 Hog-cholera virus.

119 Anti-hog-cholera serum.

120 Approved feed lots.

121 Admission of biological products and materials to licensed establishments.

122 Organisms and vectors.

123 Rules of practice.

131 Handling of anti-hog-cholera serum and hog-cholera virus.

132 General regulations.

SUBCHAPTER F-POULTRY IMPROVEMENT

145 National poultry improvement plan (chickens and certain other poultry).
146 National turkey improvement plan (turkeys and certain other poultry).
147 Auxiliary provisions on national poultry and turkey improvement plans.

SUBCHAPTER GANIMAL BREEDS

SUBCHAPTER A-[RESERVED]

SUBCHAPTER B-COOPERATIVE CONTROL AND ERADIC
AND ANIMAL PRODUCTS

PART 51-CATTLE DESTROYED BE-

CAUSE OF BRUCELLOSIS (BANG'S

DISEASE), TUBERCULOSIS, OR

PARATUBERCULOSIS

Sec.

51.1

Definitions.

Payment to owners for cattle de-

stroyed.

Record of tests.

51.2

51.3

51.4

Appraisals.

51.5

Report of appraisals.

51.6

51.7

Report of salvage proceeds.

51.8

Claims for indemnity.

51.9

Time limit for slaughter.

Claims not allowed.

51.10 Part 53 of this chapter not applicable.

AUTHORITY: The provisions of this Part 51

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, except as otherwise noted.

SOURCE: The provisions of this Part 51

appear at 28 F.R. 5933,June 13, 1963, unless
otherwise noted.

§ 51.1

Definitions.

For the purposes of this part, the fol-
lowing terms shall be construed, respec-
tively, to mean:

(a) "Department": The United States
Department of Agriculture.

(b) "Division": Animal Disease Eradi-
cation Division of the Department.

(c) "Director of Division": The Direc-
tor of the Division or any other officer or
employee of the division to whom au-
thority has heretofore lawfully been
delegated, or may hereafter lawfully be
delegated, to act in his stead.

(d) "Veterinarian in Charge": The
veterinary inspector who is assigned by
the Director of Division to supervise and
perform official work at an official sta-
tion and who reports directly to the
Director of Division, and in whose juris-
diction particular cattle are tested and
appraised.

(e) "Division Representative”: Any in-
spector or other person employed by the
Division who is authorized by the Direc-
tor of Division to do any work or per-
form any duty in connection with the
control and eradication of brucellosis,
tuberculosis, and paratuberculosis of
animals.

(f) "State": A State, the I

Columbia, or a Territory or

of the United States; or a poli
division thereof; which has e

cooperative agreement with the

for the control and eradic

brucellosis, tuberculosis, or på

culosis.

(g) "Accredited veterinarian

erinarian recommended by a S

proved by a Veterinarian in Cha

accredited by the Division.

(h) "Mortgage": Any mortg

or other security or beneficial

held by any person other than

claiming indemnity.

(i) "Person": Any individual

ration, company, association, fir

nership, society, or joint stock c

or any organized group of any

foregoing.

(j) "Owner": Any person wh
beneficial interest in cattle wh

not they are subject to a mortg

(k) "Brucellosis": The disea
monly known as "Bang's Diseas

(1) "Destroyed": Condemned
State authority and destroyed by
ter or by death otherwise.

(m) Official vaccinate. A bov
mal vaccinated against brucellos
from 4 through 8 months of ag
before June 30, 1957, or a bovine
of a beef breed in a range or sem
area vaccinated against brucellos
from 4 to 12 months of age, on o
June 30, 1957, under the superv
a Federal or State veterinary
with a vaccine approved by the I
or a bovine animal vaccinated
brucellosis while from 4 thr
months of age, subcutaneously
after July 1, 1957, or a bovine ar
a beef breed in a range or sem
area vaccinated against brucellos
from 4 to 12 months of age, sub
ously, on or after July 1, 1957, un
supervision of a Federal or State
nary official, with 5 cc. of a vac
proved by the Division; perm
identified as such a vaccinat
reported at the time of vaccinatio
appropriate State or Federal age
operating in the eradication of
losis.

§ 51.2 Payment to owners for cattle de

stroyed. Owners of cattle which are destroyed because of brucellosis, tuberculosis, or paratuberculosis may be paid an indemnity by the Department for each animal so destroyed not to exceed onethird of the difference between the appraised value of the animal and the salvage value thereof, ascertained in accordance with the provisions of $ $ 51.4 and 51.7: Provided, however, That no such payment for cattle destroyed shall exceed $25 for any grade animal or $50 for any purebred animal except in Alaska, Hawaii, Puerto Rico, and the Virgin Islands where no payment for any animal destroyed shall exceed $50; except that the Director of Division may authorize payment of indemnity for tuberculosis not to exceed $100 for any grade animal or $200 for any purebred animal which has been found to be exposed, is a part of a known infected herd, and it has been determined by the Director of Division that destruction of all the cattle in the herd will contribute to the tuberculosis eradication program: Provided, That the joint State-Federal indemnity payments, plus salvage, does not exceed the appraised value of the animal: And provided further, That in the case of tuberculosis or paratuberculosis reactors, no such payment shall exceed the amount paid or to be paid by the State where the animal was condemned. (Sec. 5, 23 Stat. 32, as amended, sec. 3, 33 Stat. 1265, as amended, 21 U.S.C. 112, 113, 120, 125) (30 F.R. 8825, July 14, 1965] § 51.3 Record of tests.

When any cattle in a herd are classified by a Division or State representative as reactors to a test for brucellosis, tuberculosis, or paratuberculosis, a complete test record shall be made by such representative for such herd, including the reactor tag number of each reacting animal and the registration name and number of each reacting purebred animal. In the case of any herd having any reactor to a brucellosis test, the record shall be shown on TE Form 33-A or acceptable form furnished by the State. TE Form 20-B or acceptable form furnished by the State shall be used for the record of any herd having any reactor to a tuberculosis or paratuberculosis test. A copy of the applicable test record shall be given to the owner of any such herd, and one copy of each such record shall be

furnished to the appropriate Veteri narian in Charge. $ 51.4 Appraisals.

Cattle to be destroyed because of brucellosis, tuberculosis, or paratuberculosis shall be appraised by a Division or State representative or by any accredited veterinarian specifically authorized to make appraisals. When thus appraised, due consideration shall be given to their breeding value as well as to their dairy or meat value. Cattle presented for appraisal as purebred shall be accompanied by their registration papers at the time of the appraisal or they shall be appraised as grade cattle: Provided, however, That if registration papers are temporarily not available, or if the cattle are less than three years old and unregistered, the appropriate Veterinarian in Charge may grant a reasonable time for the presentation of their registration papers to the appraiser or to the Veterinarian in Charge. The one receiving the papers shall be responsible for their verification. The Division may decline to accept any appraisal that appears to it to be unreasonable or out of proportion to the market value of cattle of a like quality. (Sec. 3, 33 Stat. 1265, as amended, 21 U.S.C. 112, 113, 120, 125) 8 51.5 Report of appraisals.

Appraisals made in accordance with $ 51.4 shall be recorded by the appraiser on TE Form 23 which shall also show the reactor tag number of each reacting animal and whether the animal is purebred or grade. At the time of appraisal, the TE Form 23 shall be signed by the appraiser, and by the owner certifying his acceptance of the appraisal. The original of the TE Form 23 and as many copies thereof as may be required for the Division, the State, and the owner of the cattle, shall be sent to the appropriate veterinarian in charge. § 51.6 Time limit for slaughter.

Payment of indemnity will be made under this part for cattle destroyed because of brucellosis, tuberculosis, or paratuberculosis only if the animals are slaughtered or die otherwise within 15 days after the date of appraisal, except that the appropriate Veterinarian in Charge, for reasons satisfactory to him, may extend the period to 30 days and the Director of Division, for reasons satisfactory to him, may extend it beyond 30 days.

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