Regulations governing the appraisement of and compensation for tuberculous and paratuberculous cattle condemned and dest...

MISSING IMAGE

Material Information

Title:
Regulations governing the appraisement of and compensation for tuberculous and paratuberculous cattle condemned and destroyed in the control and eradication of tuberculosis and paratuberculosis of animals
Physical Description:
4 p. : ; 23 cm
Language:
English
Creator:
United States -- Bureau of Animal Industry
Publisher:
U.S. Government Printing Office
Place of Publication:
Washington
Publication Date:

Subjects

Subjects / Keywords:
Tuberculosis in animals -- Law and legislation -- United States   ( lcsh )
Animal industry -- Law and legislation -- United States   ( lcsh )
Genre:
federal government publication   ( marcgt )
legislation   ( marcgt )
non-fiction   ( marcgt )

Notes

Statement of Responsibility:
U.S. Dept. of Agriculture, Bureau of Animal Industry
General Note:
B.A.I. order 329
General Note:
"Effective on and after July 1, 1931"

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 029791628
oclc - 85229984
System ID:
AA00019010:00001

Full Text

A5329 iM



B. A. I. Order 329 Issued June, 1931

S United Stat U.. D O TO '1, iture

BUREAU OF ANIMAL INDUSTRY


REGULATIONS GOVERNING THE APPRAISEMENT OF AND
COMPENSATION FOR TUBERCULOUS AND PARATUBER-
CULOUS CATTLE CONDEMNED AND DESTROYED IN THE
CONTROL AND ERADICATION OF TUBERCULOSIS AND
PARATUBERCULOSIS OF ANIMALS

Effective on- and after July 1, 1931

UNITED STATES DEPARTMENT OF AGRICULTURE,
OFFICE OF THE SECBRETARBY,
Washington, D. G., May 1, 1931.
Under the authority conferred by law upon the Secretary of Agriculture the
following regulations are hereby prescribed, to govern the condemnation,
slaughter, or death after condemnation of animals, and expenditures on account
of the control and eradication of tuberculosis and paratuberculosis of animals,
which for purposes of identification are designated as B. A. I. Order 329, and
shall supersede B. A. I. Order 302, dated February 15, 1927, and amendment 1
thereto.
These regulations shall become and be effective on and after July 1, 1931.
R. N. DUNLAP, Acting Secretary.
Regulation 1.-DEFINITIONS
For the purpose of these regulations the following words, names, and terms
shall be construed, respectively, to mean:
SwmTION 1. The department: The United States Department of Agriculture.
SiO. 2. The Secretary: The Secretary of Agriculture of the United States.
Smc. 3. The bureau: The Bureau of Animal Industry of the United States
Department of Agriculture.
Smo. 4. Dise ase: Tuberculosis and paratuberculosis of animals.
SmO. 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
perform any duty in connection with the arrest and eradication of diseases of
animals.
Sm. 6. Acredited veterinarians: Veterinarians accredited by State and
bureau.
SEa. 7. Destroyed: Condemned and destroyed by slaughter or by death
otherwise.
Regulation 2.--COOPERATION WITH STATES, TERRITORIES,
COUNTIES, AND MUNICIPALITIES
Upon determination by the Secretary of Agriculture of the existence of
tuberculosis or paratuberculosis in any State, Territory, county, or munici-
pality, the chief of bureau will invite the proper authorities of such State,.
Territory, county, or municipality to cooperate with the department in the.
control and eradication of such diseases.
:: Regulation 3.--COOPERATIVE AGREEMENTS

S.RVmDN 1, If it appears to be necessary, for the control or eradication of
tubirculosis or paratuberculosis of animals, to destroy cattle affected with
Setter 0 disease and; to ., compensate owners for loss thereof, the chief of bureau
is. a-thorized within hi discretion to agree, on the part of the department,
-t w the State,. Territory, county, or municipality, to pay not to exceed one-
60688-31






5 "'
2

third of the difference between the appraised value of each animal so
destroyed and the value of the salvage thereof: Provided, however, That in
no case shall any payment by the department be more than $25 for any grade
animal, nor more than $50 for any purebred animal.
Srmx 2. No payment by the department shall exceed the amount paid or
to be paid by the State, Territory, county, or municipality where the animal
shall be condemned.

Regulation 4.-APPRAISAL OF CATTLE

SErxo. 1. Cattle affected with tuberculosis or para tuberculosis shall be
appraised by a representative of the bureau, or a cooperating representative
of the State, Territory, county, or municipality; if the owner refuses to ac-
cept such appraised value, the animals shall be appraised in accordance with
the laws and regulations of the State or Territory in which the animals are
condemned. 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.
Sie. 2. Bureau inspectors in charge of the work of eradication of tuber-
culosis or paratuberculosis in any State or Territory or in any part thereof may
act as appraisers of cattle and may detail competent bureau employees under
their direction to act as appraisers.
SEc. 3. In the appraisal of tuberculous or paratuberculous cattle due con-
sideration shall be given to their breeding value as well as to their dairy or
meat value.
Sc. 4. Appraisals of cattle shall be reported on forms furnished by the bu-
reau (T. E. Form 23, revised). Reports of appraisals shall show the number
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 over two years of age
at the time of appraisal). The Chief of the Bureau of Animal Industry may
grant a reasonable time for the registration of animals under 2 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 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.
Szc. 5. The tuberculous or paratuberculous cattle shall be destroyed within
30 days of date of appraisal, except that in extraordinary and meritorious cases
and at the discretion of the chief of bureau, said time limit of 30 days may be
waived, and 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 putrchtaser 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 aE 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 dis-
posed 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, commis-
sions, slaughtering charges, truckage, etc., may be deducted, but any chatt-0
for holding the animals on the farm pending 'slauglitfr shalH not be deduictl&
and any such charges will not be paid by the department. One copy of T. B.
Porm 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.

Regulation 5.-EXPENSE OF DISINFECTION OF PREMISES AND
CONVEYANCES

Stockyards, pens, cars, vessels, and other premises and conveyances will be
disinfected whenever necessary for the eradication of tuberculosis and para-
tuberculosis, by the owners thereof at their expense, under the supervision of
bureau or State employees.

Regulation 6.-CLAIMS NOT ALLOWED

SECTION 1. No payment shall be made for any cattle destroyed on account
of tuberculosis or paratuberculosis unless the owner has complied with all law-
ful quarantine regulations, and unless the owner shall have executed the forms
required by these regulations.
SEC. 2. The department will not allow claims arising out of the condemnation
of cattle for tuberculosis or paratuberculosis on a tuberculin or johnin test
applied by other than a bureau veterinary inspector, 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 or paratuber-
culous cattle except for cattle in States, Territories, counties, or municipalities
in which cooperative tuberculosis and paratuberculosis eradication work is
being conducted.
SEC. 4. The department will not allow claims arising out of the condemnation
of cattle for tuberculosis or paratuberculosis on a tuberculin or johnin test
applied by an accredited veterinarian unless specific instructions have been
issued to the accredited veterinarian and signed by the proper State and Fed-
eral authorities.
SEC. 5. No compensation will be paid to any owner of tuberculous or para-
tuberculous cattle whose entire herd is not under Federal and State super-
vision for the eradication of tuberculosis or paratuberculosis.
SEC. 6. No compensation will be paid to any owner for tuberculous or para-
tuberculous cattle destroyed in any State, Territory, county, or municipality
which does not by law or by suitable action in keeping with its authority in
the matter, and by rules and regulations adopted and enforced in pursuance
thereof, provide inspection of tuberculous or paratuberculous cattle and for
compensation to owners of cattle so destroyed.
SEC. 7. No payment shall be made for any cattle destroyed on account of
tuberculosis or paratuberculosis, except in cooperation with and supplementary
to payments to be made by the State, Territory, county, or municipality.
SEC. & No compensation will be paid to any owner for cattle destroyed on
account of tuberculosis or paratuberculosis until all infected premises have
been properly cleaned and disinfected with a disinfectant permitted by the
United States Bureau of Animal Industry in accordance with recommendations
of the proper State or bureau official.
SEc. 9. No compensation will be paid for tuberculous or paratuberculous
steers nor will compensation be paid for bulls which are not purebred.
SEC. 10. No indemnity will be paid on any cattle introduced into a herd under
supervision, unless obtained from a herd under State and Federal supervision
for the eradication of tuberculosis or paratuberculosis.
SEC. 11. No payment shall be made for any cattle destroyed on account of
tuberculosis or paratuberculosis unless the animals shall be marked for iden-
tification by branding the letter T on the left jaw, not less than 2 nor more
than 3 inches high, and by attaching to the left ear a metal tag bearing a serial
number and the inscription "U. S. B. A. I. Reactor," or a similar State reactor
tag.
SEC. 12. 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
the regulations contained in this order.




UNIVERSITY OF FLORIDA


4 3 1262 08925 8882

SEC. 13. No compensation will be paid to any owner for cattle ela-seed .0::":.
tuberculous or paratuberculous unless such cattle react t h. t ubtIi'* rtri.,ei
johnin test, or reveal lesions of the disease upon autopsy. ' F A s.*x K..--.,
SEC. 14. No payment shall be made for any cattle contaied 1n.ter&-fK ".... ,.
there is substantial evidence that the owner or his agent has In ath way-beit F ,
responsible for any attempt to unlawfully or improperly obtain indemnity *.
funds for condemned cattle. i

EXTRACTS FROM AN "ACT MAKING APPROPRIATIONS FOR THE
DEPARTMENT OF AGRICULTURE FOR THE FISCAL YEAR ENDING
JUNE 30, 1932, AND FOR OTHER PURPOSES," APPROVED FEBRU-
ARY 23, 1931. (Public 717, 71st Cong.) !, -.
. .... ...: :.

For investigating the diseases of tuberculosis and paratubereulosis of
animals, and avian tuberculosis, for their control and eradication, for the ,
tuberculin testing of animals, and for researches concerning the causes of the :, ""[
diseases, their modes of spread, and methods of treatment and preven:ion, .
including demonstrations, the formation of organizations, and such other metn A:
as may be necessary, either independently or in cooperation with farmers, asgo- K.
ciations, or State, Territory, or county authorities, $6,505,800, of which $1,255,800 '
shall be set aside for administrative and operating expenses, and $5,250,000 i
for the payment of indemnities: Provided, That in carrying out the pur- ,,"
pose of this appropriation, if in the opinion of the Secretary of Agriculture i
it shall be necessary to condemn and destroy tuberculous or paratuberculous i
cattle, if such animals have been destroyed, condemned, or die after con- I
demnation, he may, in his discretion, and in accordance with such rules and i
regulations as he may prescribe, expend in the city of Washington or .else-' .:
where such sums as he shall determine to be necessary, within the a1imi-
tations above provided, for the payment of indemnities, for the ..reimburse- .
ment of owners of such animals, in cooperation with such States, Territories. I
counties, or municipalities, as shall by law or by suitable action in keeping .i.
with its authority in the matter, and by rules and regulations adopted t.. d
enforced in pursuance thereof, provide inspection of tuberculous or para- .:
tuberculous cattle and for compensation to owners of cattle so condemned, but ,
no part of the money hereby appropriated shall be used in compensating owners
of such cattle except in cooperation with and supplementary to payments to be
made by State, Territory, county, or municipality where condemnation of Such
cattle shall take place, nor shall any payment be made hereunder as compensa-
tion for or on account of any such animal if at the time of inspection or test .
or at the time of condemnation thereof, it shall belong to or be upon the prei- i"
ises of any person, firm, or corporation to which it has been sold, shl.pp.ed,
or delivered for the purpose of being slaughtered: Provided furtlhr, That .,f K
of the money hereby appropriated no payment as compensation for:a n. ..
condemned or slaughtered shall exceed one-third of the difference between th
appraised value of such cattle and the value of the salvage thereof; that n
payment hereunder shall exceed the amount paid or to be paid by ..the Stat",
Territory, county, or municipality where the animal shall be condemned;
in no case shall any payment hereunder be more than $25 for ay.4...
animal or more than $50 for any purebred animal, and that no ;pa'43
shall be made unless the owner has complied with all lawful quat
regulations. .4" .



3 .




i "".: i
!'. ,
." "'
. .. q.S Ii: n.R(SRT f' S i' K K K'
..*' -:'. A.. . .. .
; ; : *. ....* "r : i .. : *.. * : ;
.. ,* .. ' :' "; : :. '.-', ;"- J
: ." *' '* -**" .. .. .' i i *:,. *...W l.i !]~~
.. :. I l o- ,.. ** ,** ,1 8 -II ,,,: :.. ;,. ,*, ,q. .-.I.,,
:~~~~~~ ~~~ ... -. "." ^ '-f .:.t :t :..:: .:.;

.. ii pi~i
:, *^ ** i ::^ ^
A 't


..........: .4...