cfr_sections
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24 rows where part_number = 51 and title_number = 9 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 9:9:1.0.1.2.9.1.43.1 | 9 | Animals and Animal Products | I | B | 51 | PART 51—ANIMALS DESTROYED BECAUSE OF BRUCELLOSIS | A | Subpart A—Indemnity for Cattle, Bison, and Swine | § 51.1 Definitions. | APHIS | [42 FR 64336, Dec. 23, 1977] | For the purposes of this part, the following terms shall be construed, respectively, to mean: Accredited veterinarian. A veterinarian approved by the Administrator in accordance with the provisions of part 161 of this title to perform functions 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 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 destroyed because of brucellosis. The estimate shall be based upon the meat, dairy, or breeding value of the animal. Brucellosis exposed animal. Except for a brucellosis reactor animal, any animal that: (1) Is part of or has been in contact with a herd known to be affected; or (2) has been in contact with a brucellosis reactor animal for a period of 24 hours or longer; or (3) has been in contact with a brucellosis reactor 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, except steers and spayed heifers; or (2) Official calfhoo… | |||
| 9:9:1.0.1.2.9.1.43.10 | 9 | Animals and Animal Products | I | B | 51 | PART 51—ANIMALS DESTROYED BECAUSE OF BRUCELLOSIS | A | Subpart A—Indemnity for Cattle, Bison, and Swine | § 51.10 Part 53 of this chapter not applicable. | APHIS | [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] | 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. | |||
| 9:9:1.0.1.2.9.1.43.2 | 9 | Animals and Animal Products | I | B | 51 | PART 51—ANIMALS DESTROYED BECAUSE OF BRUCELLOSIS | A | Subpart A—Indemnity for Cattle, Bison, and Swine | § 51.2 Cooperation with States. | APHIS | [42 FR 64336, Dec. 23, 1977, as amended at 54 FR 32435, Aug. 8, 1989] | The Administrator has been delegated the authority to cooperate with the proper State authorities in the eradication of brucellosis and to pay indemnities for the destruction of brucellosis-reactor animals or brucellosis-exposed animals. | |||
| 9:9:1.0.1.2.9.1.43.3 | 9 | Animals and Animal Products | I | B | 51 | PART 51—ANIMALS DESTROYED BECAUSE OF BRUCELLOSIS | A | Subpart A—Indemnity for Cattle, Bison, and Swine | § 51.3 Payment to owners for animals destroyed. | APHIS | [42 FR 64336, Dec. 23, 1977] | (a) Cattle and bison. The Administrator may authorize the payment of Federal indemnity by the U.S. Department of Agriculture to any owner whose cattle or bison are destroyed after having been approved for destruction by APHIS under the brucellosis eradication program. 3 In all cases, the amount of Federal indemnity will be determined in accordance with the regulations 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 indemnity, proof of destruction 4 must be furnished to the Veterinarian in Charge. 3 The Administrator shall authorize payment of Federal indemnity by the U.S. Department of Agriculture at the maximum per-head rates in § 51.3: (a) As long as sufficient funds appropriated by Congress appear to be available for this purpose for the remainder of the fiscal 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. 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 representative, 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 attesting to the destruction of the animal; (e) a permit (VS Form 1-27) consigning the animal from a farm or livestock market directly to a recognized slaughtering establishment; or (f) in unique situations where the documents listed above are not available, other similarly reliable forms of proof of destruction. (1) Eligibility for indemnity. Owners of the following types of animals destroyed because of brucellosis are eligible to receive Federal indemnity for their animals: (i) Cattle and bison identified as reactors as a result of a complete herd test and any… | |||
| 9:9:1.0.1.2.9.1.43.4 | 9 | Animals and Animal Products | I | B | 51 | PART 51—ANIMALS DESTROYED BECAUSE OF BRUCELLOSIS | A | Subpart A—Indemnity for Cattle, Bison, and Swine | § 51.4 Record of tests. | APHIS | [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] | The claimant shall be responsible for providing information to an APHIS representative, State representative, or accredited veterinarian so that a complete test record may be made by such person on an APHIS approved form for each herd known to be affected, including the reactor tag number of each brucellosis reactor animal and the registration 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 person who completes the test record. | |||
| 9:9:1.0.1.2.9.1.43.5 | 9 | Animals and Animal Products | I | B | 51 | PART 51—ANIMALS DESTROYED BECAUSE OF BRUCELLOSIS | A | Subpart A—Indemnity for Cattle, Bison, and Swine | § 51.5 Identification of animals to be destroyed because of brucellosis. | APHIS | [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] | (a) The claimant shall be responsible for insuring that any animal for which indemnity is claimed shall be identified in accordance with the provisions of this section within 15 days after having been classified as a reactor or for any other animal subject to this part within 15 days after having been condemned. The veterinarian in charge may extend the time limit to 30 days when a request for such extension is received by him prior to the expiration date of the original 15 day period allowed, and when he determines that the extension will not adversely affect the brucellosis eradication program; and except further, that the Administrator shall upon request in specific cases, extend the time limit beyond the 30-day period when unusual or unforeseen circumstances occur which prevent 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 identification is delayed due to requirements 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. Reactor,” or a similar State reactor tag, and must be: (1) “B” branded (as defined in § 78.1); or (2) Accompanied directly to slaughter by an APHIS or State representative; or (3) Moved in vehicles closed with official seals applied and removed by an APHIS representative, State representative, accredited veterinarian, or an individual authorized for this purpose by an APHIS representative. The official seal numbers must be recorded on the accompanying permit. (4) Reactor and exposed cattle and bison in herds scheduled for herd depopulation may be moved interstate without eartagging or branding if they are identified by USDA approved backtags and either accompanied directly to slaughter by an APHIS or State represe… | |||
| 9:9:1.0.1.2.9.1.43.6 | 9 | Animals and Animal Products | I | B | 51 | PART 51—ANIMALS DESTROYED BECAUSE OF BRUCELLOSIS | A | Subpart A—Indemnity for Cattle, Bison, and Swine | § 51.6 Destruction of animals; time limit for destruction of animals. | APHIS | [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] | (a) Cattle. The claimant shall be responsible for ensuring that cattle subject to this part shall be sold under permit to a recognized slaughtering establishment or to a specifically approved stockyard for sale to a recognized slaughtering establishment. (b) Bison. The claimant shall be responsible for insuring that bison subject to this part shall be sold under permit to a State or Federal slaughtering establishment approved by the Administrator for this purpose or to a stockyard approved by the Administrator for sale to such a slaughtering establishment, Provided, However, That the Administrator may approve such other bison slaughtering establishments as may be deemed necessary to accomplish destruction of bison subject to this part. (c) Swine. The claimant shall be responsible for insuring that swine subject 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 Administrator, for sale to such slaughtering establishment; 5 except that in the case of indemnity for whole herd depopulation, 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 destruction to another location when movement to the location is approved in advance by an APHIS representative. In cases where the swine are destroyed other than at a slaughtering establishment, 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. 5 Markets are approved by the Administrator in accordance with § 76.18 of this chapter. (d) Time limit for destruction of animals. Payment of indemnity shall be … | |||
| 9:9:1.0.1.2.9.1.43.7 | 9 | Animals and Animal Products | I | B | 51 | PART 51—ANIMALS DESTROYED BECAUSE OF BRUCELLOSIS | A | Subpart A—Indemnity for Cattle, Bison, and Swine | § 51.7 Claims for indemnity. | APHIS | [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] | (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 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 holding a mortgage on the animals, consenting to the payment of any indemnity allowed to the person specified thereon. Payment will be made only if the claimant has submitted a complete indemnity claim form to, and such claim has been approved by the Veterinarian in Charge or by an APHIS representative 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 indemnity claim form the amount of Federal and State indemnity payments that appear to be due to the owner of the animals. The owner of the animals shall be furnished a copy of the completed APHIS indemnity claim form. The Veterinarian in Charge or an APHIS representative designated by him shall then forward the completed APHIS indemnity claim form to the Administrator 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 deducted or otherwise paid by the United States Department of Agriculture. (b) Claims for indemnity for registered cattle shall be accompanied by the cattle's registration papers issued in the name of the owner. If the registration 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 registration papers. | |||
| 9:9:1.0.1.2.9.1.43.8 | 9 | Animals and Animal Products | I | B | 51 | PART 51—ANIMALS DESTROYED BECAUSE OF BRUCELLOSIS | A | Subpart A—Indemnity for Cattle, Bison, and Swine | § 51.8 Disinfection of premises, conveyances, and materials. | APHIS | [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] | All premises, including all structures, holding facilities, conveyances, and materials, contaminated because of occupation or use by brucellosis reactor or exposed animals shall be properly cleaned and disinfected with a disinfectant permitted by APHIS in accordance with recommendations of the APHIS or State representative within 15 days from the date reactors were removed from the premises, except that the appropriate Veterinarian in Charge may extend the time limit for disinfection 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 determines that such extension will not adversely affect the Brucellosis Eradication Program; and except further, that the Administrator may, upon request 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 disinfection of premises, conveyances, and materials. Certain premises may be exempted from such cleaning and disinfecting 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 premises that would require such cleaning and disinfection. | |||
| 9:9:1.0.1.2.9.1.43.9 | 9 | Animals and Animal Products | I | B | 51 | PART 51—ANIMALS DESTROYED BECAUSE OF BRUCELLOSIS | A | Subpart A—Indemnity for Cattle, Bison, and Swine | § 51.9 Claims not allowed. | APHIS | [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] | 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 comply 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 defined in § 78.1 of this chapter, and specific instructions for the administration of the official test had not previously been issued to the individual performing the test by APHIS and the State animal health official. (c) If all cattle, bison, and swine eligible 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 depopulation in accordance with § 51.3 of this part. (e) If the animals are classified as reactors and are unofficial vaccinates, unless there is either a record of a negative official test made not less than 30 days following the date of unofficial vaccination or unless other APHIS approved tests show the unofficial vaccinates 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 indemnity funds for such animal. (g) If, at the time of test or condemnation, the animals belonged to or were upon the premises of any person to whom they had been sold for slaughter; shipped for slaughter, 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 reactor animals which are slaughtered other than as part of a herd depopu… | |||
| 9:9:1.0.1.2.9.2.43.1 | 9 | Animals and Animal Products | I | B | 51 | PART 51—ANIMALS DESTROYED BECAUSE OF BRUCELLOSIS | B | Subpart B—Indemnity for Sheep, Goats, and Horses | § 51.20 Definitions. | APHIS | Accredited veterinarian. A veterinarian approved by the Administrator in accordance with the provisions of part 161 of this title to perform functions 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. Affected herd/flock. Any herd or flock in which any cattle, bison, breeding swine, sheep, or goat has been classified 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 destroyed because of brucellosis. Brucellosis exposed. Except for brucellosis 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 brucellosis 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 epidemiologist 1 to be affected with brucellosis, based on test results, herd/flock history, 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. 1 Requirements for designated brucellosis epidemiologists are contained i… | ||||
| 9:9:1.0.1.2.9.2.43.10 | 9 | Animals and Animal Products | I | B | 51 | PART 51—ANIMALS DESTROYED BECAUSE OF BRUCELLOSIS | B | Subpart B—Indemnity for Sheep, Goats, and Horses | § 51.29 Destruction of animals; time limit. | APHIS | (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 applicable State law. (b) The claimant must ensure that goats and sheep destroyed because of B. melitensis are destroyed and buried, incinerated, 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 Veterinarian 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 expires; and (2) The Veterinarian in Charge determines that extending the time limit will not adversely affect the Brucellosis Eradication Program. (d) The Administrator may extend the time limit beyond 30 days when unusual and unforeseen circumstances occur that prevent or hinder the destruction 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. | ||||
| 9:9:1.0.1.2.9.2.43.11 | 9 | Animals and Animal Products | I | B | 51 | PART 51—ANIMALS DESTROYED BECAUSE OF BRUCELLOSIS | B | Subpart B—Indemnity for Sheep, Goats, and Horses | § 51.30 Claims for indemnity. | APHIS | (a) Claims for indemnity for goats, sheep, and horses destroyed because of brucellosis must be made using an indemnity claim form furnished by APHIS. On the form, the owner of the animals must certify whether the animals 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 indemnity allowed to the owner. Payment will be made only if the claimant has submitted a complete indemnity claim form to the Veterinarian in Charge and the claim has been approved by the Veterinarian in Charge or by an APHIS representative designated by him or her. The Veterinarian in Charge or an APHIS representative designated by the Veterinarian in Charge will record on the APHIS indemnity claim form the amount of Federal and State indemnity 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 paying all fees for holding the animals on the farm pending disposal and for all trucking fees. (b) Claims for indemnity for registered sheep and registered goats must be accompanied by the animal's registration 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 presentation of registration papers. Any animal that is not registered but is eligible 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. | ||||
| 9:9:1.0.1.2.9.2.43.12 | 9 | Animals and Animal Products | I | B | 51 | PART 51—ANIMALS DESTROYED BECAUSE OF BRUCELLOSIS | B | Subpart B—Indemnity for Sheep, Goats, and Horses | § 51.31 Disinfecting premises, conveyances, and materials. | APHIS | All premises, including all structures, holding facilities, conveyances, and materials contaminated because they have been used by animals destroyed because of brucellosis, must be properly cleaned and disinfected in accordance with recommendations of the APHIS or State representative. Cleaning and disinfecting must be completed within 15 days from the date the animals were removed from the premises, except that the Veterinarian in Charge may extend the time limit for disinfection to 30 days when he or she receives a request prior the expiration date of the original 15 days, and when the Veterinarian 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 requirements if the APHIS or State representative recommends it in writing and the Veterinarian in Charge approves. | ||||
| 9:9:1.0.1.2.9.2.43.13 | 9 | Animals and Animal Products | I | B | 51 | PART 51—ANIMALS DESTROYED BECAUSE OF BRUCELLOSIS | B | Subpart B—Indemnity for Sheep, Goats, and Horses | § 51.32 Claims not allowed. | APHIS | 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 brucellosis test, and the person who administered 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 brucellosis 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 condemnation, the animals belonged to or were upon the premises of any person to whom they had been sold for slaughter, shipped for slaughter, or delivered for slaughter. | ||||
| 9:9:1.0.1.2.9.2.43.14 | 9 | Animals and Animal Products | I | B | 51 | PART 51—ANIMALS DESTROYED BECAUSE OF BRUCELLOSIS | B | Subpart B—Indemnity for Sheep, Goats, and Horses | § 51.33 Multiple indemnity payments. | APHIS | APHIS has indemnity programs for several other livestock diseases. However, if a claim is paid for indemnity for animals destroyed because of brucellosis, no other claims for indemnity will be paid for the same animals. | ||||
| 9:9:1.0.1.2.9.2.43.2 | 9 | Animals and Animal Products | I | B | 51 | PART 51—ANIMALS DESTROYED BECAUSE OF BRUCELLOSIS | B | Subpart B—Indemnity for Sheep, Goats, and Horses | § 51.21 Cooperation with States. | APHIS | The Administrator has been delegated the authority to cooperate with the proper State authorities in the eradication of brucellosis and to pay indemnities for the destruction of brucellosis-reactor animals or brucellosis-exposed animals. | ||||
| 9:9:1.0.1.2.9.2.43.3 | 9 | Animals and Animal Products | I | B | 51 | PART 51—ANIMALS DESTROYED BECAUSE OF BRUCELLOSIS | B | Subpart B—Indemnity for Sheep, Goats, and Horses | § 51.22 Payment to owners for goats, sheep, and horses destroyed. | APHIS | (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. 1 The Administrator will authorize payment of Federal indemnity by the U.S. Department of Agriculture as provided in § 51.24: (a) As long as sufficient funds appropriated by Congress appear to be available for this purpose for the remainder of the fiscal 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. (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. | ||||
| 9:9:1.0.1.2.9.2.43.4 | 9 | Animals and Animal Products | I | B | 51 | PART 51—ANIMALS DESTROYED BECAUSE OF BRUCELLOSIS | B | Subpart B—Indemnity for Sheep, Goats, and Horses | § 51.23 Eligibility for indemnity. | APHIS | 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 obtained from a herd or flock that was subsequently found to be an affected herd or flock. Epidemiological information such as test results, herd/flock history, and related evidence will be used to establish a probable date when the herd or flock was first affected with 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. | ||||
| 9:9:1.0.1.2.9.2.43.5 | 9 | Animals and Animal Products | I | B | 51 | PART 51—ANIMALS DESTROYED BECAUSE OF BRUCELLOSIS | B | Subpart B—Indemnity for Sheep, Goats, and Horses | § 51.24 Maximum per-head indemnity amounts. | APHIS | 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 individually 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 appraiser selected by the Administrator will conduct appraisals. APHIS will pay the cost of appraisals. | ||||
| 9:9:1.0.1.2.9.2.43.6 | 9 | Animals and Animal Products | I | B | 51 | PART 51—ANIMALS DESTROYED BECAUSE OF BRUCELLOSIS | B | Subpart B—Indemnity for Sheep, Goats, and Horses | § 51.25 Proof of destruction. | APHIS | The Veterinarian in Charge will 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 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 animals; (e) A permit (VS Form 1-27) consigning the animal from a farm or livestock market directly to a slaughter establishment; or (f) In unique situations where none of the documents listed above are available, other similarly reliable forms of proof of destruction. | ||||
| 9:9:1.0.1.2.9.2.43.7 | 9 | Animals and Animal Products | I | B | 51 | PART 51—ANIMALS DESTROYED BECAUSE OF BRUCELLOSIS | B | Subpart B—Indemnity for Sheep, Goats, and Horses | § 51.26 Record of tests. | APHIS | An APHIS representative, State representative, 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 numbered identification is acceptable. The animal's owner and the appropriate State veterinarian's office will each receive a copy of the test record. | ||||
| 9:9:1.0.1.2.9.2.43.8 | 9 | Animals and Animal Products | I | B | 51 | PART 51—ANIMALS DESTROYED BECAUSE OF BRUCELLOSIS | B | Subpart B—Indemnity for Sheep, Goats, and Horses | § 51.27 Identification of goats, sheep, and horses to be destroyed. | APHIS | The claimant must ensure that any goats, sheep, and horses for which indemnity is claimed are marked with unique, individually numbered identification showing they are to be destroyed. This must be done within 15 days after the animals are condemned. The Veterinarian in Charge may extend the time limit to 30 days when the Veterinarian in Charge receives a request for extension prior to the expiration date of the original 15-day period, and when the Veterinarian in Charge determines that the extension will not adversely affect the brucellosis eradication program. However, the Administrator may extend the time limit beyond 30 days when unusual or unforeseen circumstances occur that prevent or hinder the identification of the animal 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 identification is delayed due to requirements of another Federal agency. | ||||
| 9:9:1.0.1.2.9.2.43.9 | 9 | Animals and Animal Products | I | B | 51 | PART 51—ANIMALS DESTROYED BECAUSE OF BRUCELLOSIS | B | Subpart B—Indemnity for Sheep, Goats, and Horses | § 51.28 Moving goats, sheep, and horses to be destroyed. | APHIS | Goats, sheep, and horses to be destroyed because of brucellosis must be accompanied by a permit and either: (a) Accompanied directly to slaughter by an APHIS or State representative; or (b) Moved in vehicles closed with official seals applied and removed by an APHIS representative, State representative, accredited veterinarian, or an individual authorized for this purpose by an APHIS representative. The official seal numbers must be recorded on the accompanying permit. |
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CREATE TABLE cfr_sections (
section_id TEXT PRIMARY KEY,
title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
part_name TEXT,
subpart TEXT,
subpart_name TEXT,
section_number TEXT,
section_heading TEXT,
agency TEXT,
authority TEXT,
source_citation TEXT,
amendment_citations TEXT,
full_text TEXT
);
CREATE INDEX idx_cfr_title ON cfr_sections(title_number);
CREATE INDEX idx_cfr_part ON cfr_sections(part_number);
CREATE INDEX idx_cfr_agency ON cfr_sections(agency);