[Code of Federal Regulations]
[Title 9, Volume 1]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR50.14]

[Page 148]
 
                  TITLE 9--ANIMALS AND ANIMAL PRODUCTS
 
  CHAPTER I--ANIMAL AND PLANT HEALTH INSPECTION SERVICE, DEPARTMENT OF 
                               AGRICULTURE
 
PART 50--ANIMALS DESTROYED BECAUSE OF TUBERCULOSIS--Table of Contents
 
Sec. 50.14  Claims not allowed.

    Claims for compensation for cattle, bison, or captive cervids 
destroyed because of tuberculosis 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 all cattle, bison, and captive cervids 2 years of age or over 
in the claimant's herd have not been tested for tuberculosis under APHIS 
or State supervision: Provided, however, that:
    (1) Cattle, bison, and captive cervids destroyed because of 
tuberculosis under Sec. 50.3(b) or (c) are exempt from this requirement 
if the cattle, bison, or captive cervids are subjected to a post-mortem 
examination for tuberculosis by a Federal or State veterinarian; and
    (2) Cattle, bison, and captive cervids destroyed because of 
tuberculosis under Sec. 50.3(d) are exempt from this requirement if the 
cattle, bison, or captive cervids are subjected to a post-mortem 
examination for tuberculosis by a Federal or State veterinarian and 
found not to have tuberculosis.
    (c) 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 animals.
    (d) If at the time of test or condemnation, the cattle, bison, or 
captive cervids belonged to or were upon the premises of any person to 
whom they had been sold, shipped, or delivered for slaughter unless or 
until all of the cattle, bison, and captive cervids remaining on the 
premises or in the herd from which the tested or condemned cattle, 
bison, or captive cervids originated are tested or otherwise examined 
for tuberculosis in a manner satisfactory to the Administrator or his 
designated representative.
    (e) If the cattle, bison, or captive cervids were added to the herd 
while the herd was quarantined for tuberculosis, unless an approved herd 
plan was in effect for the herd at the time the claim was filed. As part 
of the approved herd plan, cattle, bison, or captive cervids added to a 
herd quarantined for tuberculosis must:
    (1) Be from an accredited herd, as defined in Sec. 77.1 of this 
chapter; or
    (2)(i) Be from a herd that tested negative to an official tuberculin 
test (complete herd test), as defined in Sec. 77.1 of this chapter, no 
more than 12 months before the cattle, bison, or captive cervids were 
added to the claimant's herd; and
    (ii) Have been found negative to an official tuberculin test, as 
defined in Sec. 77.1 of this chapter, during the 60 days before the 
cattle, bison, or captive cervids were added to the claimant's herd.
    (f) For exposed cattle, bison, or captive cervids destroyed during 
herd depopulation, if a designated epidemiologist has determined that 
exotic bovidae (such as antelope) or other species of livestock in the 
herd have been exposed to tuberculosis by reason of association with 
tuberculous livestock, and those exotic bovidae or other species 
determined to have been exposed to tuberculosis have not been destroyed.

[40 FR 27009, June 26, 1975, as amended at 45 FR 32288, May 16, 1980; 52 
FR 39614, Oct. 23, 1987; 56 FR 36998, Aug. 2, 1991; 58 FR 34699, June 
29, 1993; 60 FR 37809, July 24, 1995; 63 FR 34264, June 24, 1998]

[[Page 149]]