[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: 9CFR56.3]

[Page 201-202]
 
                  TITLE 9--ANIMALS AND ANIMAL PRODUCTS
 
  CHAPTER I--ANIMAL AND PLANT HEALTH INSPECTION SERVICE, DEPARTMENT OF 
                               AGRICULTURE
 
PART 56_CONTROL OF H5/H7 LOW PATHOGENIC AVIAN INFLUENZA--
Table of Contents
 
Sec. 56.3  Payment of indemnity.

    (a) Activities eligible for indemnity. The Administrator may pay 
indemnity for the activities listed in paragraphs (a)(1) through (a)(3) 
of this section, as provided in paragraph (b) of this section:
    (1) Destruction and disposal of poultry that were infected with or 
exposed to H5/H7 LPAI;
    (2) Destruction of any eggs destroyed during testing of poultry for 
H5/H7 LPAI during an outbreak of H5/H7 LPAI; and
    (3) Cleaning and disinfection of premises, conveyances, and 
materials that came into contact with poultry that were infected with or 
exposed to H5/H7 LPAI; or, in the case of materials, if the cost of 
cleaning and disinfection would exceed the value of the materials or 
cleaning and disinfection would be impracticable for any reason, the 
destruction and disposal of the materials.
    (b) Percentage of costs eligible for indemnity. Except for poultry 
that are described by the categories in paragraphs (b)(1) through (b)(7) 
of this section, the Administrator is authorized to pay 100 percent of 
the costs, as determined in accordance with Sec. 56.4, of the 
activities described in paragraphs (a)(1) through (a)(3) of this 
section, regardless of whether the infected or exposed poultry 
participate in the Plan. For infected or exposed poultry that are 
described by the categories in paragraphs (b)(1) through (b)(7) of this 
section, the Administrator is authorized to pay 25 percent of the costs 
of the activities described in paragraphs (a)(1) through (a)(3) of this 
section:
    (1) The poultry are egg-type breeding chickens from a flock that 
participates in any Plan program in part 145 of this chapter but that 
does not participate in the U.S. Avian Influenza Clean program of the 
Plan in Sec. 145.23(h) of this chapter; or
    (2) The poultry are meat-type breeding chickens from a flock that 
participates in any Plan program in part 145 of this chapter but that 
does not participate in the U.S. Avian Influenza

[[Page 202]]

Clean program of the Plan in Sec. 145.33(l) of this chapter; or
    (3) The poultry are breeding turkeys from a flock that participates 
in any Plan program in part 145 of this chapter but that does not 
participate in the U.S. H5/H7 Avian Influenza Clean program of the Plan 
in Sec. 145.43(g) of this chapter; or
    (4) The poultry are commercial table-egg layers from a premises that 
has 75,000 or more birds and that does not participate in the U.S. H5/H7 
Avian Influenza Monitored program of the Plan in Sec. 146.23(a) of this 
chapter; or
    (5) The poultry are commercial meat-type chickens that are 
associated with a slaughter plant that slaughters 200,000 or more meat-
type chickens per operating week and that does not participate in the 
U.S. H5/H7 Avian Influenza Monitored program of the Plan in Sec. 
146.33(a) of this chapter; or
    (6) The poultry are commercial meat-type turkeys that are associated 
with a slaughter plant that slaughters 2 million or more meat-type 
turkeys in a 12-month period and that does not participate in the U.S. 
H5/H7 Avian Influenza Monitored program of the Plan in Sec. 146.43(a) 
of this chapter; or
    (7) The poultry are associated with a flock or slaughter plant that 
participates in the Plan, but they are located in a State that does not 
participate in the National Poultry Improvement Plan diagnostic 
surveillance program for H5/H7 LPAI, as described in Sec. 146.14 of 
this chapter, or that does not have an initial State response and 
containment plan for H5/H7 LPAI that is approved by APHIS, unless such 
poultry participate in the Plan with another State that does participate 
in the National Poultry Improvement Plan diagnostic surveillance program 
for H5/H7 LPAI, as described in Sec. 146.14 of this chapter, and has an 
initial State response and containment plan for H5/H7 LPAI that is 
approved by APHIS.
    (c) Other sources of payment. If the recipient of indemnity for any 
of the activities listed in paragraphs (a)(1) through (a)(3) of this 
section also receives payment for any of those activities from a State 
or from other sources, the indemnity provided under this part will be 
reduced by the total amount of payment received from the State or other 
sources.