B. A. l. 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 live on and after July 1. I United States Department of Agbicuivtube, Office of the Secretary, Washington, D. C. June >■',. WS8. 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 dise; animals which for purposes of identification are designated as B. A. I. Order 307. and shall supersede B. A. I. Order 329. dated May 1. 1031, and amendments thereto: B. A. I. Order 344. dated June 12, V.Y.'A. 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. Secretary of Agriculture. Regulation 1. — Definitions For the purpose of these regulations, the following words, names, and terms shall be construed, respectively, to mean : Section 1. Tht Department: The United States Department of Agriculture. SEC. 2. The Secretary: The Secretary of Agriculture of the United Stat. a. Sec. 3 Tht Bureau: The Bureau of Animal Industry of the United States Department of Agriculture. 4. Disease*: Tuberculosis, paratuberculosis, and Bang's disease of animals. 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 animals. edited veterinarians: Veterinarians accredited by State and Bureau. oyed: Condemned and destroyed by slaughter or by death other- wise. Regulation 2. — Payment for Cattle SbcTIOW 1. If it appears to be necessary, for the control <»r eradication of tuberculosis, paratuberculosis, or Bang's disease of cattle, to destroy cattle af- fected with such diseases, and to Compensate owners for less 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 78406—38 to such owner: Provided, however, That in no ease 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. Sec. 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 Bang's disease. 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 Ill UNIVERSITY OF FLORIDA 1262 08925 8254 r»i n U.S. DEPOSITORY