(B. A. I. Order 375) Issued August 13, 1942
Effective on and after August 15, 1942
United States Department of Agriculture
BUREAU OF ANIMAL INDUSTRY
REGULATIONS GOVERNING APPRAISAL OF AND COM-
PENSATION FOR CATTLE DESTROYED ON ACCOUNT
OF TUBERCULOSIS, PARATUBERCULOSIS, OR BANG'S
Under the authority conferred upon the Secretary of Agriculture by section 3
of the act of Congress approved May 29, 1884 (23 Stat. 32; 21 U. S. C., 1940 ed.
114), section 2 of the act of Congress approved February 2, 1903 (32 Stat. 792;
21 U. S. C., 1940 ed. 111), and appropriate provisions of recurring annual appro-
priation acts for the Department of Agriculture (21 U. S. C., 190O ed. 129), Part 51
of Title 9, Chapter 1, Subchapter B, Code of Federal Regulations, 1938 supplement,
as amended (B. A. I. Order 367, as amended), is hereby revoked, and the following
new Part 51 is hereby adopted in lieu thereof, effective August 15, 1942:
Part 51-Tuberculous, Paratuberculous, and Bang's Disease
So. 51.1. Definitions.-For the purpose of these regulations, the following
words, names, and terms shall be construed, respectively, to mean:
(a) The Department.-The United States Department of Agriculture.
(b) The Secretary.-The Secretary of Agriculture of the United States.
(c) The Bureau.-The Bureau of Animal Industry of the United States Depart-
ment of Agriculture.
(d) Bureau representative.-Any inspector or other person employed by the
Bureau who is authorized by the Chief of Bureau to do any work or perform any
duty in connection with the arrest and eradication of tuberculosis, paratubercu-
losis, and Bang's disease (brucellosis) of animals.
(e) Accredited veterinarian.-Any veterinarian accredited by State anl Bureau.
(f) Destroyed.-Condemned and destroyed by slaughter or by death otherwise.
SEc. 51.2. Payments to owners for cattle destroyed.--Owners of cattle destroyed
because they are affected with tuberculosis, paratuberculosis, or Bang's disease
of cattle shall be paid an indemnity not to exceed one-third of the difference
between the appraised value of each animal so destroyed and the value of the
salvage thereof, ascertained in accordance with the provisions of sections 51.3
and 51.6 hereof: Provided, however. That no such payment shall exceed $25 for
any grade animal or $50 for any purebred animal: And provided further. That
no such payment shall exceed the amount paid or to be paid by the State, Terri-
tory, county, or municipality where the animal shall be condemned.
SEC. 51.3. Appraisal of cattle.-Cattle affected with tuberculosis, paratuber-
culosis, or Bang's disease shall be appraised by a Bureau representative or a
representative of the cooperating State, Territory, county, or municipality in
which they are condemned. When thus appraised, due consideration shall be
given to their breeding value as well as to their dairy or meat value. Cattle
presented for appraisal as purebreds shall be accompanied by their registration
papers at the time of appraisal, or they shall be appraised as grades: Prouided,
however, That, if the cattle are less than 3 years old and unregistered, the Chief
of Bureau may grant a reasonable time for their registration and the presenta-
tion of their registration papers to the appraiser. The Bureau may decline to
accept any appraisal that appears to it to be unreasonable or out of proportion
to the market value of similar cattle of a like quality. Appraisals shall not exceed
any limit that may be set by the laws or regulations of the State, Territory,
county, or municipality in which the cattle are condemned.
SEO. 51.4. Report of appraisals.-Appraisals made under section 51.3 hereof
shall be reported on forms furnished by the Bureau (T. E. Form 23 (revised)),
which shall show the number of cattle, the age and value of each, the registra-
tion names and numbers of all purebred cattle and the amount paid or to be paid
for each animal by the State, Territory, county, or municipality in which it was
condemned. The T. E. Form 23 (revised) shall be signed by the appraiser or
appraisers and approved by the Bureau inspector in charge and a duly authorized
official of the cooperating State, Territory, county, or municipality. It shall also
be signed by the owner of the animals, or his agent, certifying that the appraisal
is accepted by him and that the amounts stated to be due him from the United
States and the cooperating State, Territory, county, or municipality are correct.
One copy of the T. E. Form 23 (revised) shall be submitted to the Bureau with
the claim for compensation provided for in section 51.7 and one copy shall be
retained by the Bureau inspector in charge who approves the claim. Additional
copies may be furnished to officials of the cooperating State, Territory, county, or
municipality and to the owner, upon request
SEC. 51.5. Time limit for slaughter.-Tuberculous, paratuberculous, or Bang's
disease reacting cattle, for the elimination of which payment is to be made, shall
be slaughtered within 15 days after the date of appraisal, except that the Bureau
inspector in charge, for reasons satisfactory to him, may extend the period to 30
days and the Chief of Bureau, within his discretion, may extend it beyond 30 days.
SEc. 51.6. Report of proceeds of marketing.-A report of the salvage derived
from the sale of each animal slaughtered in accordance with these regulations
shall be made on T. E. Form 24 (revised) which shall be signed by the purchaser
or his agent, or by the selling agent handling the animals. If the animals are
sold by the pound, the T. E. Form 24 (revised) shall show the weight, price per
pound, gross receipts, expenses, if any, and net proceeds. If the animals are not
sold on a per pound basis, the net purchase price of each animal must be stated
on the T. E. Form 24 (revised) and an explanation showing how the amount
received was arrived at must be submitted. In the event- that the animals are
not disposed of through regular slaughterers or through selling agents, the
owner shall furnish, in lieu of the T. E. Form 24 (revised), an affidavit showing
the amount of salvage obtained by him, and certify that said amount is all that
he has received or will receive as salvage for said animal or animals. A certifi-
cate executed by the inspector in charge will be accepted in lieu of the owner's
affidavit. The salvage shall be considered to be the net amount received for the
animal after deducting freight, truckage, yardage, commissions, slaughtering
charges, etc., but no charges for holding animals on the farm pending slaughter
or for trucking by the owner of the animals shall be deducted, and no such
charges will be paid by the Department. One copy of T. E. Form 24 (revised)
or the affidavit or certificate of the inspector in charge, furnished in lieu thereof,
shall be submitted to the Bureau with the claim and one copy shall be retained
by the Bureau inspector in charge who approves the claim. Additional copies
may be prepared and furnished to the State, Territory, county, or municipal
authorities, if required by them.
SEc. 51.7. Claims for compensation.-Claims for compensation for cattle de-
stroyed on account of tuberculosis, paratuberculosis, or Bang's disease shall be
presented on Standard Form 1034 (revised), or such other form as may be
prescribed by the General Accounting Office, properly executed and accompanied
by T. E. Form 23 (revised), and by T. E. Form 24 (revised) or the affidavit or
certificate in lieu of T. E. Form 24 (revised) authorized by section 51.6.
SEC. 51.8. Claims not allowed.-Claims for compensation for cattle destroyed
on account of tuberculosis, paratuberculosis, or Bang's disease shall not be
allowed if any of the following circumstances exists:
(a) If the claimant has failed to comply with any of the requirements of
(b) If the existence of either disease in the cattle was not determined as the
result of a tuberculin, johnin, or agglutination test applied by a Bureau
veterinarian, a cooperating, regularly employed, State, Territorial, county, or
municipal veterinary inspector, or an accredited veterinarian.
(c) If the existence of either disease in the cattle was determined as the result
of a tuberculin, johnin, or agglutination test applied by an accredited veterinarian
and specific instructions for the administration of such test had not previously
been issued to such veterinarian in writing by the proper State and Federal
(d) If the cattle are classified as tuberculous or paratuberculous, unless they
have reacted to the tuberculin or johnin test or reveal lesions of either disease
(e) If, at the time of their condemnation the cattle were not in a State, Terri-
tory, county, or municipality in which cooperative tuberculosis, paratuberculosis,
or Bang's disease eradication work was being conducted.
(f) If the claim is not to be paid in cooperation with, and supplementary to
payments to be made by, the State, Territory, county, or municipality in which
said cattle were condemned.
(g) If any part of the claimant's herd has not been tested under Federal and
State supervision for the eradication of tuberculosis, paratuberculosis, or Bang's
(h) If the premises occupied by the cattle have not been properly cleaned and
disinfected with a disinfectant permitted by the Bureau in accordance with
recommendations of the proper State or Bureau official.
(i) If the cattle are steers, unless they are work oxen, or if they are bulls and
are not purebred.
(j) If the cattle were destroyed on account of tuberculosis or paratuberculosis,
unless they were marked for identification by branding the letter "T" on the left
jaw, not less than 2 nor more than 3 inches high, and unless a metal tag bearing
a serial number and the inscription "U. S. B. A. I. Reactor" or a similar State
reactor tag shall have been suitably attached to the left ear of each animal.
(k) If the cattle were destroyed on account of Bang's disease, unless they were
marked for identification by branding the letter "B" on the left jaw, not less
than 2 nor more than 3 inches high, and unless a metal tag bearing a serial number
and inscription "U., S. B. A. I. Reactor, B. D.," or a similar State reactor tag
shall have been suitably attached to the left ear of each animal.
(1) If the cattle reacted positively to the agglutination blood test for Bang's
disease and, at any time after they became 8 months old, they had been vaccinated
with any vaccine made from or through the agency of Brucella micro-organisms;
or if they reacted positively to such test and they had been vaccinated with such
a vaccine when they were 8 months old or less, unless 18 months had elapsed
between the date of vaccination and the date of reaction.
(m) If the cattle are calves under 6 months old which have reacted only to the
agglutination blood test for Bang's disease.
(n) If there is substantial evidence that the owner or his agent has in any way
been responsible for any attempt unlawfully or improperly to obtain indemnity
funds for such cattle.
SEC. 51.9. Part 53 (B. A. I. Order 237) not applicable.-No claim for compensa-
tion for cattle destroyed on account of tuberculosis, paratuberculosis, or Bang's
disease shall hereafter be paid or allowed under, the regulations contained in
Title 9, Chapter 1, Subchapter B, Part 53, Code of Federal Regulations (B. A. 1.
Order 237), but all such claims shall be presented and paid pursuant to and in
compliance with regulations contained in this order.
Done at Washington this 13th day of August 1942.
Witness my hand and the seal of the Department of Agriculture.
PAuL H. APLEBY,
_Aff2!S Acting Secretary of Agriculture.
U.S. GOVERNMENT PRINTING OFFICE: 1942
UNIVERSITY OF FLORIDA
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