[Code of Federal Regulations]
[Title 9, Volume 1]
[Revised as of January 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR53.11]

[Page 173-174]
 
                  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 the 2002 
disease situations in Virginia and Texas 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.

[[Page 174]]

    (b) For owners. The Administrator, in accordance with Sec. 53.4, 
may pay an owner up to 75 percent of the value of the poultry, eggs, and 
semen destroyed plus 75 percent of the costs of destruction and disposal 
of the poultry, eggs, and semen, in accordance with the LPAI 
compensation plan, minus the amount paid in accordance with paragraph 
(a) of this section to the contract grower of the 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, as amended at 68 FR 42570, July 18, 2003]