[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: 9CFR56.4]

[Page 202-203]
 
                  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. 56.4  Determination of indemnity amounts.

    (a) Destruction and disposal of poultry. (1) Indemnity for the 
destruction of poultry infected with or exposed to H5/H7 LPAI will be 
based on the fair market value of the poultry, as determined by an 
appraisal. Poultry infected with or exposed to H5/H7 LPAI that are 
removed by APHIS or a Cooperating State Agency from a flock will be 
appraised by an APHIS official appraiser and a State official appraiser 
jointly, or, if APHIS and State authorities agree, by either an APHIS 
official appraiser or a State official appraiser alone. For laying hens, 
the appraised value should include the hen's projected future egg 
production. Appraisals of poultry must be reported on forms furnished by 
APHIS and signed by the appraisers and must be signed by the owners of 
the poultry to indicate agreement with the appraisal amount. Appraisals 
of poultry must be signed by the owners of the poultry prior to the 
destruction of the poultry, unless the owners, APHIS, and the 
Cooperating State Agency agree that the poultry may be destroyed 
immediately. Reports of appraisals must show the number of birds and the 
value per head.
    (2) Indemnity for disposal of poultry infected with or exposed to 
H5/H7 LPAI will be based on receipts or other documentation maintained 
by the claimant verifying expenditures for disposal activities 
authorized by this part. Any disposal of poultry infected with or 
exposed to H5/H7 LPAI for which compensation is requested must be 
performed under a compliance agreement between the claimant, the 
Cooperating State Agency, and APHIS. APHIS will review claims for 
compensation for disposal to ensure that all expenditures relate 
directly to activities described in Sec. 56.5 and in the initial State 
response and containment plan described in Sec. 56.10. If disposal is 
performed by the Cooperating State Agency, APHIS will indemnify the 
Cooperating State Agency for disposal under a cooperative agreement.

[[Page 203]]

    (3) The destruction and disposal of the indemnified poultry must be 
conducted in accordance with the initial State response and containment 
plan for H5/H7 LPAI, as described in Sec. 56.10.
    (b) Destruction of eggs. Indemnity for eggs destroyed during an 
outbreak for testing for H5/H7 LPAI will be based on the fair market 
value of the eggs, as determined by an appraisal. Eggs destroyed for 
testing for H5/H7 LPAI will be appraised by an APHIS official appraiser 
and a State official appraiser jointly, or, if APHIS and State 
authorities agree, by either an APHIS official appraiser or a State 
official appraiser alone. Appraisals of eggs must be reported on forms 
furnished by APHIS and signed by the appraisers and must be signed by 
the owners of the eggs to indicate agreement with the appraisal amount. 
Appraisals of eggs must be signed by the owners of the eggs prior to the 
destruction of the poultry, unless the owners, APHIS, and the 
Cooperating State Agency agree that the eggs may be destroyed 
immediately. Reports of appraisals must show the number of eggs and the 
value per egg.
    (c) Cleaning and disinfection. (1) Indemnity for cleaning and 
disinfection of premises, conveyances, and materials that came into 
contact with poultry that are infected with or exposed to H5/H7 LPAI 
will be based on receipts or other documentation maintained by the 
claimant verifying expenditures for cleaning and disinfection activities 
authorized by this part. Any cleaning and disinfection of premises, 
conveyances, and materials for which indemnity is requested must be 
performed under a compliance agreement between the claimant, the 
Cooperating State Agency, and APHIS. APHIS will review claims for 
indemnity for cleaning and disinfection to ensure that all expenditures 
relate directly to activities described in Sec. 56.5 and in the initial 
State response and containment plan described in Sec. 56.10.
    (2) 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, indemnity for the 
destruction of the materials will be based on the fair market value of 
those materials, as determined by an appraisal. Materials will be 
appraised by an APHIS official appraiser and a State official appraiser 
jointly, or, if APHIS and State authorities agree, by either an APHIS 
official appraiser or a State official appraiser alone. Indemnity for 
disposal of the materials will be based on receipts or other 
documentation maintained by the claimant verifying expenditures for 
disposal activities authorized by this part. Any disposal of materials 
for which indemnity is requested must be performed under a compliance 
agreement between the claimant, the Cooperating State Agency, and APHIS. 
APHIS will review claims for compensation for disposal to ensure that 
all expenditures relate directly to activities described in Sec. 56.5 
and in the initial State response and containment plan described in 
Sec. 56.10.