B. A. I. Order 367 Issued July 1938
United States Department of Agriculture
BUREAU OF ANIMAL INDUSTRY
REGULATIONS GOVERNING THE APPRAISEMENT OF
AND COMPENSATION FOR TUBERCULOUS, PARATU-
BERCULOUS, AND BANG'S DISEASE REACTING CAT-
TLE CONDEMNED AND DESTROYED IN THE CONTROL
AND ERADICATION OF TUBERCULOSIS, PARATUBER-
CULOSIS, AND BANG'S DISEASE OF ANIMALS
Effective on and after July 1. 1938
UNITED STATES DEPARTMENT OF AGRICULTURE,
OFFICE OF THE SECRETARY,
Washington, D. C.. June 25. 1938.
Under the authority conferred by law upon the Secretary of Agriculture the
following regulations are hereby prescribed, to govern the condemnation, slaugh-
ter, or death after condemnation of animals, and expenditures on account of the
control and eradication of tuberculosis, paratuberculosis, and Bang's disease of
animals which for purposes of identification are designated as B. A. I. Order
367, and shall supersede B. A. I. Order 329, dated May 1, 1931, and amendments
thereto; B. A. I. Order 344, dated June 12, 1934, and amendments thereto;
and B. A. I. Order 347. dated July 19, 1934. and amendments thereto.
These regulations shall be effective on and after July 1. 1938.
W), Lt OL-rQbA% c-.
Secretary of Agriculture.
For the purpose of these regulations, the following words, names, and terms
shall be construed, respectively, to mean:
SECTION 1. The Department: The United States Department of Agriculture.
SEC. 2. The Secretary: The Secretary of Agriculture of the United States.
SEC. 3. The Bureau: The Bureau of Animal Industry of the United States
Department of Agriculture.
SEC. 4. Diseases: Tuberculosis, paratubercnlosis, and Bang's disease of
SEc. 5. Bureau employees: Inspectors and all other individuals employed in
the Bureau who are authorized by the Chief of Bureau to do any work or per-
form any duty in connection with the arrest and eradication of diseases of
SEc. 6. Accredited veterinarians: Veterinarians accredited by State and
SEc. 7. Destroyed: Condemned and destroyed by slaughter or by death other-
Regulation 2.-Payment for Cattle
SEzcTIoN 1. If it appears to be necessary, for the control or eradication of
tuberculosis, paratuberculosis, or Bang's disease of cattle, to destroy cattle af-
fected with such diseases, and to compensate owners for loss thereof, an in-
demnity not to exceed one-third of the difference between the appraised value
of each animal so destroyed and the value of the salvage thereof, shall be paid
to such owner: Provided, however, That in no case shall any payment be more
than $25 for any grade animal, or more than $50 for any purebred animal.
SEC. 2. For animals condemned or destroyed after May 1, 1939, no such pay-
ment shall exceed the amount paid or to be paid by the State, Territory, county,
and municipality where the animal shall be condemned.
Regulation 3.-Appraisal of Cattle
SECTION 1. Cattle affected with tuberculosis, paratuberculosis, or 'Bang's dis-
ease shall be appraised by a representative of the Bureau, or a cooperating
representative of the State, Territory, county, or municipality. However, the
Bureau reserves the right to decline to accept any appraisals that appear to
be unreasonable and out of proportion to the market value for similar cattle
of a like quality. When such cattle are appraised, due consideration shall be
given to their breeding value as well as to their dairy or meat value.
SEC. 2. Appraisals of cattle shall be reported on forms furnished by the
Bureau (T. E. Form 23, revised). Reports of appraisals shall show the num-
ber of animals, the value of each per head, and shall be signed by the appraiser
or appraisers and approved by the Bureau inspector in charge. Registration
names, numbers, and ages of all purebred animals shall be shown (owners are
required to present registration papers of all purebred animals 3 years of age
or over at the time of appraisal). The Chief of the Bureau of Animal Industry
may grant a reasonable time for the registration of animals under 3 years of
age, otherwise, such animals shall be appraised as grades. Ages of all animals
shall be shown on T. E. Form 23 (revised). The T. E. Form 23 (revised) shall
show the amount paid or to be paid by the State, Territory, county, or
municipality for said animals, and it shall be signed by a duly authorized official
of the State, Territory, county, or municipality making partial payment for
said animals. The T. E. Form 23 (revised) shall be signed by the owner of
the said animals or his agent certifying that the appraisal is accepted by him,
and that the amounts due him from the United States and the State, Territory,
county, or municipality are correct. One copy of T. E. Form 23 (revised)*
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 municipality
officials if required. One copy may also be furnished the owner.
SEC. 3. The tuberculous, paratuberculous, or Bang's disease reacting cattle,
for the elimination of which payment is to be made, shall be slaughtered within
a period of 15 days after the date of appraisal. When the situation is such as
to make it appear justifiable to the Bureau inspector in charge, he may extend
the period within which such slaughter shall take place to 30 days. In a like
situation the Chief of the Bureau of Animal Industry may extend the period
within which such slaughter shall take place to more than 30 days. A report
of the salvage derived from the sale of such animals shall be made on T. E.
Form 24, which form shall be signed by the purchaser or his agent or by the
selling agent handling the animals. If animals are sold by the pound, the T. E.
Form 24 must show the weight, price per pound, gross receipts, expenses, if
any, and net proceeds. If animals are not sold on a per pound basis, a full
explanation must appear on T. E. Form 24, showing how the amount received
was arrived at. In the event that the animals are not disposed of through
regular slaughterers or through selling agents, in lieu of the T. E. Form 24 the
owner shall furnish an affidavit showing the amount of net 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 certificate executed by the inspector in
charge will be accepted in lieu of the owner's affidavit. The salvage is the net
amount received for the animal. Freight, yardage, commissions, slaughtering
charges, truckage, etc., may be deducted, but any charges for holding the ani-
mals on the farm pending slaughter shall not be deducted, and any such charges
will not be paid by the Department. One copy of T. E. Form 24, or the affidavit
or certificate of the inspector in charge which, as set forth above, may be
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.
SSEC. 4. Claim for tuberculous, paratuberculous, or Bang's disease reacting
animals shall be presented on the Standard Form 1034, properly executed and
accompanied by the above-mentioned T. E. forms.
Regulation 4.-Claims Not Allowed
SECTION 1. No payment shall be made for any cattle destroyed on account of
tuberculosis, paratuberculosis, or Bang's disease unless the owner has complied
with all requirements contained in these regulations.
SEC. 2. Claims will not be allowed which arise out of the condemnation of
cattle for tuberculosis, paratuberculosis, or Bang's disease on a tuberculin, johnin,
or agglutination test applied by other than a Bureau veterinarian, a cooperating
regularly employed State, Territory, county, or municipal veterinary inspector,
or an accredited veterinarian.
SEC. 3. No compensation will be paid to owners of tuberculous, paratuberculous,
or Bang's disease reacting cattle except for cattle in States, Territories, counties,
or municipalities in which cooperative tuberculosis, paratuberculosis, or Bang's
disease work is being conducted.
SEC. 4. Claims will not be allowed which arise (1) out of the condemnation
of cattle for tuberculosis or paratuberculosis on a tuberculin or johnin test ap-
plied by an accredited veterinarian, or (2) the drawing of blood for the purpose
of making an agglutination test for Bang's disease by such veterinarian, unless
in either case, specific instructions have been issued to the accredited veterinarian
by the proper State and Federal authorities.
SEC. 5. No compensation will be paid to any owner of tuberculous, paratuber-
culous, or Bang's disease reacting cattle whose entire herd is not under Federal
and State supervision for the eradication of tuberculosis, paratuberculosis, or
SEc. 6. No payment will be made for any cattle destroyed on account of tuber-
culosis, paratuberculosis, or Bang's disease after May 1, 1939, except in coopera-
tion with, and supplementary to payments to be made by, the State, Territory,
county, or municipality, in which said cattle are condemned.
SEc. 7. No compensation will be paid to any owner for cattle destroyed on
account of tuberculosis, paratuberculosis, or Bang's disease unless the infected
premises have been properly cleaned and disinfected with a disinfectant per-
mitted by the United States Bureau of Animal Industry in accordance with
recommendations of the proper State or Bureau official.
SEC. 8. No compensation will be paid for tuberculous, paratuberculous, or
Bang's disease reacting steers, except in cases of work oxen, nor will compensa-
tion be paid for bulls which are not purebred.
SEc. 9. No payment will be made for any cattle destroyed on account of tuber-
culosis or paratuberculosis unless such animals are marked for identification by
branding the letter "T" on the left jaw, or for cattle destroyed on account of
Bang's disease unless such animals are marked with the letter "B." In either
instance the letter used shall not be less than 2 or more than 3 inches high.
A metal tag bearing the serial number and the inscription "U. S. B. A. I. Reactor"
or "U. S. B. A. I. Reactor, B. D.," or a similar State reactor tag shall be suitably
attached to the left ear of each reactor animal.
SEC. 10. No compensation will be paid to owners for calves under 6 months of
age that react to the agglutination test for Bang's disease.
SEC. 11. No claim for compensation for the destruction of cattle on account
of tuberculosis or paratuberculosis shall hereafter be paid or allowed under the
regulations contained in B. A. I. Order 237, dated March 19, 1915, but all such
claims shall be presented and paid pursuant to and in compliance with regulations
contained in this order.
SEC. 12. No compensation will be paid to any owners for cattle classified as
tuberculous or paratuberculous unless such cattle react to the tuberculin test
or johnin test, or reveal lesions of the disease upon autopsy.
SEC. 13. No payment shall be made for any cattle contained in a herd if there
is substantial evidence that the owner or his agent has in any way been re-
sponsible for any attempt unlawfully or improperly to obtain indemnity funds
for condemned cattle.
U. S. GOVERNMENT PRINTING OFFICE: 1938
UNIVERSITY OF FLORIDA
111 lIl11111 H1111111 tENHIMIItl I
3 1262 08925 8254
QHJC J9L .