| (a) Indemnification to poultry owners. Poultry that
are slaughtered in compliance with the disease program standards or
as a result of a response on an official test may be indemnified.
The commission may pay the owner the unreimbursed amount determined
by deducting the salvage value and any other indemnity from the appraised
value, subject to the availability of funds.
(b) Flock eligibility for payment of indemnity funds:
(1) The entire flock shall all be under common ownership
or management;
(2) An indemnity agreement must be signed and approved
for payment by the Executive Director of the commission; and
(3) The flock owner must comply with each indemnity
agreement requirement including, but not limited to, those provisions
pertaining to flock depopulation and disposal, cleaning, and disinfecting
premises and materials, and payment for indemnity.
(c) Criteria for selection of flocks for indemnity
payment:
(1) The flock must have a professional diagnosis supported
by culture or significant serology and compatible history;
(2) The flock must be recommended for indemnity by
the state epidemiologist;
(3) All selections of flocks or poultry for indemnity
payment are subject to the availability of funds; and
(4) The commission, through its Executive Director,
will determine the amount and number of poultry for which indemnity
will be paid.
(d) Poultry infected with or exposed to a disease that
are required to be destroyed shall be appraised by an authorized agent
of the commission, or, if the Executive Director approves, by a USDA-APHIS
representative.
(e) The appraisal of poultry shall be based on the
fair market value and shall be determined by the meat, egg production
or breeding value of such poultry. Poultry may be appraised in groups
providing they are the same species and type. When appraisal is by
the head, poultry in the group is the same value per head or when
appraisal is by the pound, poultry in the group is the same value
per pound.
(f) Appraisals of poultry shall be reported on forms
furnished by the commission. Reports of appraisals shall show the
number of fowl of each species and the value per head or the weight
and value by pound.
|
