PART 52—SWINE DESTROYED BECAUSE OF PSEUDORABIES 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. Administrator. Animal and Plant Health Inspection Service (APHIS). APHIS employee. Approved differential pseudorabies test. et seq. 1 1 Federal Register. Department. Herd. Inspector in charge. Known infected breeding sow. Known infected herd. Materials. Mortgage. Net salvage. Official pseudorabies epidemiologist. Official pseudorabies test. 2 3 2 3 Official seal. Permit. Person. Pseudorabies. Recognized slaughtering establishment. et seq. 4 4 Secretary. State. State representative. Veterinarian in charge. [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 because the herds are known to be infected 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 exceed the fair market value of the swine. Such swine must be sent directly to slaughter under permit in a conveyance closed with an official seal applied and removed by either an APHIS employee, a State representative, an accredited veterinarian, or an individual authorized for this purpose by an APHIS employee. The swine must be sent to a recognized slaughtering establishment. (b) If swine from herds that are destroyed 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 representative agree they will not be accepted by a recognized slaughtering establishment, the Administrator is authorized to pay 100 percent of the expenses of the purchase, destruction, and disposition of such swine. (Approved by the Office of Management and Budget under control number 0579-0151) [65 FR 20711, Apr. 18, 2000] § 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 authorities approve, by an APHIS employee alone. (b) The appraisal of swine will be based on the fair market value as determined by the meat or breeding value of the animals. 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 swine must be reported 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 report 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 inspector in charge, to APHIS on a form furnished 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 salvage derived from the sale of each animal for which a claim for indemnity is made under § 52.2(a) must be made on a salvage form that shows the gross receipts, expenses if any, and net proceeds. The original or a copy of the salvage 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 appraised 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 regulation administered by the Secretary 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 0579-0137) [64 FR 2549, Jan. 15, 1999. Redesignated at 65 FR 20711, Apr. 18, 2000] § 52.7 Disinfection of premises, conveyances, and materials. All premises, including barns, stockyards 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 official pseudorabies epidemiologist determines that a shorter or longer period 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 incurred in connection with the cleaning and disinfection, except for cleaning and disinfection of the conveyances used to transport the swine to the location of disposal. [64 FR 13065, Mar. 17, 1999. Redesignated at 65 FR 20711, Apr. 18, 2000]