[Code of Federal Regulations]
[Title 9, Volume 1]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR50.14]

[Page 149-150]
 
                  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
 
                       Subpart A_General Indemnity
 
Sec. 50.14  Claims not allowed.

    Claims for compensation for livestock destroyed because of 
tuberculosis will not be allowed in any of the following cases:

[[Page 150]]

    (a) The claimant has failed to comply with any of the requirements 
of this part:
    (b) All cattle, bison, and captive cervids 12 months of age or over 
in the claimant's herd have not been tested for tuberculosis under APHIS 
or State supervision: Provided, however, that cattle, bison, and captive 
cervids destroyed because of tuberculosis are exempt from this testing 
requirement if the cattle, bison, and captive cervids are subjected to a 
postmortem examination for tuberculosis by a Federal or State 
veterinarian.
    (c) There is substantial evidence that the owner of the animals or 
the agent of the owner has in any way been responsible for any attempt 
to obtain indemnity funds for the animals unlawfully or improperly.
    (d) At the time the cattle, bison, or captive cervids in the 
claimant's herd were tested for tuberculosis, the cattle, bison, captive 
cervids, or other livestock in the herd belonged to or were on the 
premises of any person to whom they had been sold, shipped, or delivered 
for slaughter unless or until all of the cattle, bison, captive cervids, 
and other livestock remaining on the premises or in the herd from which 
the tested cattle, bison, or captive cervids originated are tested or 
otherwise examined for tuberculosis in a manner satisfactory to the 
Administrator or his or her designated representative.
    (e) If the cattle, bison, or captive cervids were added to a herd 
while the herd was quarantined for tuberculosis, unless an approved herd 
plan was in effect 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, 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; 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 tuberculosis epidemiologist has 
determined that other livestock in the herd have been exposed to 
tuberculosis by reason of association with tuberculous livestock, and 
those other livestock determined to have been exposed to tuberculosis 
have not been destroyed.
    (g) For livestock other than cattle, bison, and captive cervids that 
are destroyed because of association with herds of affected cattle, 
bison, or captive cervids:
    (1) If the livestock did not reside among the herd for a period of 4 
months or more;
    (2) If the livestock have not received a postmortem examination for 
tuberculosis; or
    (3) If the livestock were added to a herd that was under quarantine 
for tuberculosis at the time the livestock were added to the herd, 
unless an approved herd plan was in effect at that time.

[67 FR 7592, Feb. 20, 2002]