[Code of Federal Regulations]
[Title 9, Volume 1]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR53.11]

[Page 167]
 
                  TITLE 9--ANIMALS AND ANIMAL PRODUCTS
 
  CHAPTER I--ANIMAL AND PLANT HEALTH INSPECTION SERVICE, DEPARTMENT OF 
                               AGRICULTURE
 
PART 53--FOOT-AND-MOUTH DISEASE, PLEUROPNEUMONIA, RINDERPEST, AND CERTAIN OTHER COMMUNICABLE DISEASES OF LIVESTOCK OR POULTRY--Table of Contents
 
Sec. 53.11  Payments arising from low pathogenic avian influenza; conditions for payment.

    In the case of low pathogenic avian influenza related to a 2002 
disease situation in Virginia associated with the H5 or H7 virus, the 
Administrator may pay claims, subject to available funding, as follows:
    (a) For contract growers. The Administrator may pay a contract 
grower up to 100 percent of the losses identified in accordance with the 
LPAI compensation plan, up to the amount that the owner is eligible to 
receive before grower compensation is deducted.
    (b) For owners. The Administrator, in accordance with Sec. 53.4, may 
pay an owner up to 50 percent of the value of the poultry destroyed plus 
50 percent of the costs of destruction and disposal of the poultry, in 
accordance with the LPAI compensation plan, minus the amount paid in 
accordance with paragraph (a) of this section to the contract grower of 
that poultry.
    (c) Conditions. Payments to be made in accordance with paragraph (a) 
or (b) of this section are conditioned on each claimant's complying with 
all applicable requirements of this part and, additionally, agreeing to 
and complying with the specific conditions set forth in the ``Avian 
Influenza Depopulation Agreement'' regarding cleaning and disinfection, 
restocking, surveillance, and other disease prevention measures.

(Approved by the Office of Management and Budget under control number 
0579-0208)

[67 FR 67095, Nov. 4, 2002]