perform official work at an official station and who reports directly to the Director of Division, and in whose jurisdiction particular cattle are tested and appraised.

(e) "Division Representative": Any inspector or other person employed by the Division who is authorized by the Director of Division to do any work or perform any duty in connection with the control and eradication of brucellosis, tuberculosis, and paratuberculosis of animals.

(f) "State": A State, the District of Columbia, or a Territory or possession of the United States; or a political subdivision thereof; which has executed a cooperative agreement with the Division for the control and eradication of brucellosis, tuberculosis, or paratuberculosis.

(g) "Accredited veterinarian": A veterinarian recommended by a State, approved by a Veterinarian in Charge, and accredited by the Division.

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

(i) "Person": Any individual, corporation, company, association, firm, partnership, society, or joint stock company, or any organized group of any of the foregoing.

(j) "Owner": Any person who has a beneficial interest in cattle whether or not they are subject to a mortgage.

(k) "Brucellosis": The disease commonly known as "Bang's Disease."

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

(m) Official vaccinate. A bovine animal vaccinated against brucellosis while from 4 through 8 months of age, on or before June 30, 1957, or a bovine animal of a beef breed in a range or semi-range area vaccinated against brucellosis while from 4 to 12 months of age, on or before June 30, 1957, under the supervision of a Federal or State veterinary official, with a vaccine approved by the Division; or a bovine animal vaccinated against brucellosis while from 4 through 8 months of age, subcutaneously, on or after July 1, 1957, or a bovine animal of a beef breed in a range or semi-range area vaccinated against brucellosis while from 4 to 12 months of age, subcutaneously, on or after July 1, 1957, under the supervision of a Federal or State veteri

nary official, with 5 cc. of a vaccine approved by the Division; permanently identified as such a vaccinate; and reported at the time of vaccination to the appropriate State or Federal agency cooperating in the eradication of brucellosis.

§ 51.2 Payment to owners for cattle destroyed.

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 one-third 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: 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.

(Secs. 4, 5, 23 Stat. 32, as amended, sec. 3, 33 Stat. 1265, as amended; 21 U.S.C. 112, 113, 120, 125)

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 Veterinarian 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)

§ 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. § 51.7

Report of salvage proceeds.

A report of the salvage derived from the sale of each animal on which a claim

for indemnity may be made under the provisions of this part shall be made on TE Form 24, or acceptable form furnished by the purchaser or selling agent, which shall be signed by the purchaser or his agent or by the selling agent handling the cattle. If the cattle are sold by the pound, the TE Form 24 shall show the weight, price per pound, gross receipts, expenses if any, and net proceeds. If the cattle are not sold on a per pound basis, the net purchase price of each animal must be stated on the TE Form 24 and an explanation showing how the amount was arrived at must be submitted. In the event the cattle are not disposed of through regular slaughterers or through selling agents, the owner shall furnish, in lieu of TE Form 24, an affidavit showing the amount of salvage obtained by him and shall certify that such amount is all that he has received or will receive as salvage for said cattle. In an emergency, a certificate executed by the appropriate Veterinarian in Charge will be acceptable in lieu of the owner's affidavit. The salvage shall be considered to be the net amount received for an animal after deducting freight, truckage, yardage, commissions, slaughtering charges, and similar costs. No charges for holding cattle on the farm pending slaughter or for trucking by the owner shall be so deducted or otherwise paid by the Department. The original of TE Form 24 or acceptable form furnished by the purchaser or selling agent, or the affidavit of the owner or certificate of the appropriate Veterinarian in Charge, furnished in lieu thereof, shall be furnished to the Veterinarian in Charge if it is not already in his possession. Additional copies may be furnished to the State officials, if required.

§ 51.8 Claims for indemnity.

Claims for indemnity for cattle destroyed because of brucellosis, tuberculosis, or paratuberculosis, shall be presented on ADE Form 1-23 on which the owner of the cattle shall certify that the animals covered thereby, are, or are not, subject to any mortgage as defined in this part. If the owner states there is a mortgage, ADE Form 1-25 shall be signed by the owner and by each person holding a mortgage on the animals, consenting to the payment of anv indemnity allowed to the person specified thereon. Payment will be made only if the ADE Form 1-23 has been approved by a proper State

official and if payment of the claim has been recommended by the appropriate Veterinarian in Charge or an official designated by him. The Veterinarian in Charge or official designated by him shall record on the ADE Form 1-23 the salvage value of the cattle destroyed and the amount of Federal and State indemnity payments that appears to be due to the owner of the cattle, and shall furnish a copy of the form to the owner. Veterinarian in Charge or official designated by him shall then forward ADE Form 1-23 to the appropriate official for further action on the claim.

The

Claims for compensation for cattle destroyed because of brucellosis, tuberculosis, or paratuberculosis shall not be allowed if any of the following circumstances exist:

(a) If the claimant has failed to comply with any of the requirements of this part.

(b) If the cattle are classified as affected with tuberculosis or paratuberculosis on the basis of a test, unless the existence of the disease in the cattle was determined as the result of a tuberculosis or johnin test applied by a Division, State, or Accredited veterinarian; or if the cattle are classified as affected with brucellosis, unless the existence of the disease in the cattle was determined as the result of an agglutination or other test approved by the Director of Division applied by such a veterinarian, or by a non-veterinary technician under the supervision of a Division or State veterinarian.

(c) If the existence of any such disease in the cattle was determined as the result of a tuberculin, johnin, or agglutination test applied by an accredited veterinarian and specific instructions for the administration of such test had not previously been issued to such veterinarian in writing by the proper Division and State authorities.

(d) If the cattle are classified as tuberculous or paratuberculous unless (1) they reacted to the tuberculin or johnin test or (2) revealed lesions of either disease upon autopsy or (3) are found to be exposed, are a part of a known infected herd and it has been determined by the Director of the Division that destruction of the cattle will contribute to

(e) If, at the time of test or condemnation, the cattle belonged to or were upon the premises of any person to whom they had been sold, shipped, or delivered for slaughter.

(f) If, at the time of the condemnation of the cattle for brucellosis, tuberculosis or paratuberculosis, the cattle were not in a State in which cooperative eradication work was being conducted with respect to such disease.

(g) If the cattle were destroyed after being classified as tuberculous or paratuberculous as provided in paragraph (d) of this section unless the claim is to be paid in cooperation with, and supplementary to, payments to be made by the State in which said cattle were condemned.

(h) If any part of the claimant's herd has not been tested under Division and State supervision for the eradication of the particular disease for which the animals covered by the indemnity claim were condemned. For the purpose of this paragraph, a herd means a group of animals required to be tested in accordance with the provisions of the Uniform Methods of Rules for the Establishment and Maintenance of Tuberculosis-Free Accredited Herds of Cattle and Modified Accredited Areas, which rules and methods were adopted by the United States Livestock Sanitary Association and approved by the Animal Disease Eradication Division.

(i) If all structures, holding facilities or materials on premises occupied by or used by cattle that were destroyed or which have been infected or exposed have not been properly cleaned and disinfected, with a disinfectant permitted by the Division in accordance with recommendations of the proper State and Division official, within 15 days from date reactors were removed from premises, except that the appropriate Veterinarian in Charge, for reasons satisfactory to him, may extend the period to 30 days and the Director, for reasons satisfactory to him, may extend it beyond 30 days, and except that premises may be exempted from such cleaning and disinfecting requirements when the appropriate Veterinarian in Charge determines that there are no buildings, holding facilities or other materials on the

premises that would require such disinfection.

(j) If the cattle were steers, unless they were work oxen, or if they were bulls and were not purebred.

(k) If the cattle were destroyed after being classified as tuberculous or paratuberculous as provided in paragraph (d) of this section unless they were marked for identification by branding the letter "T" on the left jaw, not less than two nor more than three inches high, and unless a metal tag bearing a serial number and the inscription "U.S. Reactor," or a similar State reactor tag, was suitably attached to the left ear of each animal.

(1) If the cattle were destroyed because of brucellosis, unless they were marked for identification by branding the letter "B" on the left jaw, not less than 2 nor more than 3 inches high, and unless a metal tag bearing a serial number and inscription "U.S. Reactor," or a similar State reactor tag, was suitably attached to the left ear of each animal.

(m) If the cattle were "official vaccinates" and reacted positively to the blood agglutination test for brucellosis, unless such animals were at least 30 months of age; or if the reactors were vaccinated animals, and properly verified but not "official vaccinates" as defined, unless there is also a record of a negative blood agglutination test made not less than 30 days following the date of vaccination; or unless other Division approved tests show the vaccinates are affected with virulent Brucellae.

(n) If the cattle were calves under 6 months of age which reacted only to the agglutination blood test for brucellosis.

(0) If there is substantial evidence that the owner or his agent has in any way been responsible for any attempt unlawfully or improperly to obtain indemnity funds for such cattle.

(Sec. 3, 33 Stat. 1265, as amended, 21 U.S.C. 112, 113, 120, 125) [28 F.R. 5933, June 13, 1963, as amended, 28 F.R. 7508, July 24, 1963]

§ 51.10 Part 53 of this chapter not applicable.

No claim for indemnity for cattle destroyed because of brucellosis tuberculosis, or paratuberculosis shall hereafter be paid or allowed under the regulations contained in Part 53 of this chapter, but all such claims shall be

(b) Appraisal; by whom to be made. The animal shall be appraised at its actual value by a Division inspector and the State veterinarian or an assistant State veterinarian of the State in which the animal is located, or, when provided by State law, assessed value as shown by the assessor's books will be accepted in lieu of appraisal.

(c) Department payment to be onehalf appraised or assessed value not exceeding $100. The department will pay one-half of the appraised or assessed value, provided such share shall in no case exceed $100, and the owner signs an agreement to accept such sum as compensation in full for the discharge of all claims he may have against the department on account of the destruction of the animal in question.

(d) As used in this part, the term "Division" means the Animal Disease Eradication Division, Agricultural Research Service, U. S. Department of Agriculture.

(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) [28 F.R. 5935, June 13, 1963]

(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 officer, agent, or employee thereof.

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

(j) "Mortgage" means any mortgage,

Words used in this part in the singular form shall be deemed to import the plural and vice versa, as the case may demand. Unless otherwise clearly indicated by the context, whenever the following words, names, or terms are used in the regulations in this part, they shall be construed, respectively, to mean:

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

(b) "Secretary" means the Secretary of Agriculture of the United States, or any officer or employee of the Department to whom authority has heretofore been delegated, or to whom authority may hereafter be delegated, to act in his stead.

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

(d) "Division employee" means any inspector or other individual employed in the division who is authorized by the Director of Division to do any work or perform any duty in connection with the control and eradication of disease.

(e) "Inspector in charge" means an inspector of the division who is designated by the Director of Division to take charge of work in connection with the control and eradication of disease as defined in this section.

(f) "Disease" means foot-and-mouth disease, rinderpest, contagious pleuropneumonia, or any other contagious, infectious, or communicable disease of animals (including poultry), which in the opinion of the Secretary constitutes an emergency and threatens the livestock industry of the country.

terest 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