[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: 9CFR56.8]

[Page 206]
 
                  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. 56.8  Conditions for payment.

    (a) When poultry or eggs have been destroyed pursuant to this part, 
the Administrator may pay claims to any party with which the owner of 
the poultry or eggs has entered into a contract for the growing or care 
of the poultry or eggs. The indemnity the Administrator may pay to such 
a party or parties shall be determined as follows:
    (1) Divide the value of the contract the owner of the poultry or 
eggs entered into with another party for the growing and care of the 
poultry or eggs in dollars by the duration of the contract as it was 
signed prior to the H5/H7 LPAI outbreak in days;
    (2) Multiply this figure by the time in days between the date the 
other party began to provide services relating to the destroyed poultry 
or eggs under the contract and the date the birds were destroyed due to 
H5/H7 LPAI.
    (b)(1) If indemnity for the destroyed poultry or eggs is being 
provided for 100 percent of eligible costs under Sec. 56.3(b), the 
Administrator may pay contractors eligible for compensation under this 
section 100 percent of the indemnity determined in paragraph (a) of this 
section.
    (2) If indemnity for the destroyed poultry or eggs is being provided 
for 25 percent of eligible costs under Sec. 56.3(b), the Administrator 
may pay contractors eligible for compensation under this section 25 
percent of the indemnity determined in paragraph (a) of this section.
    (c) If indemnity is paid to a contractor under this section, the 
owner of the poultry or eggs will be eligible to receive the difference 
between the indemnity paid to the growers and the total amount of 
indemnity that may be paid for the poultry or eggs.
    (d) In the event that determination of indemnity to a party with 
which the owner of destroyed poultry or eggs has entered into a contract 
for the growing or care of the poultry or eggs using the method 
described in paragraph (a) of this section is determined to be 
impractical or inappropriate, APHIS may use any other method that the 
Administrator deems appropriate to make that determination.