Subchapter C. PROVISIONS FOR PAYMENT OF INDEMNITY
Sec.
8.21. Laboratory confirmation or a veterinarian’s positive test report.
8.22. Age requirements.
8.23. Registration requirements.
8.24. Reactors disclosed on partial herd or flock test.
8.25. Herd additions to quarantined herds.
8.26. Animals purchased without health certificates.
8.27. Death of animal after appraisal.
8.28. Time required to remove condemned animals after appraisal.
8.29. Sanitation of infected premises.
8.30. Poultry provision.§ 8.21. Laboratory confirmation or a veterinarian’s positive test report.
Laboratory confirmation or a veterinarian’s positive test report is required for diseases before an animal may be condemned and become eligible for indemnity.
Source The provisions of this § 8.21 adopted June 13, 1975, effective June 14, 1975, 5 Pa.B. 1539; amended September 12, 1975, effective September 13, 1975, 5 Pa.B. 2360.
§ 8.22. Age requirements.
(a) There is no age limitation for the payment of indemnity for animals condemned to prevent the spread of disease except for brucellosis.
(b) Nonvaccinated brucellosis reactors shall be 6 months of age or older at the time of test, except calves from positive dams.
(c) Vaccinated brucellosis reactors shall be 18 months of age or older at the time of test.
(d) An animal may not be eligible for indemnity, if it was vaccinated for brucellosis outside of the prescribed age limit at the time of vaccination.
Source The provisions of this § 8.22 adopted June 13, 1975, effective June 14, 1975, 5 Pa.B. 1539; amended January 27, 1978, effective January 28, 1978, 8 Pa.B. 246. Immediately preceding text appears at serial page (27096).
Cross References This section cited in 7 Pa. Code § 8.25 (relating to herd additions to quarantined herds).
§ 8.23. Registration requirements.
(a) Indemnity claims for purebred registered animals condemned shall be supported by certificates of registration from a recognized breed registry association. Transfers shall be properly recorded.
(b) When registry certificates are in the process of transfer the animals shall be appraised on a purebred and grade basis, the trial drawings made and submitted with the appraisal papers.
(c) Registry and transfer paper not presented at the time of appraisal shall be submitted to the Bureau office within 30 days after appraisal.
(d) Animals that do not meet the registration requirements shall be appraised on a grade basis and indemnity paid accordingly.
Source The provisions of this § 8.23 adopted June 13, 1975, effective June 14, 1975, 5 Pa.B. 1539.
§ 8.24. Reactors disclosed on partial herd or flock test.
Reactors disclosed on a partial herd or flock test for tuberculosis, brucellosis or pullorum may not be eligible for indemnity until the entire herd or flock has been tested.
Source The provisions of this § 8.24 adopted June 13, 1975, effective June 14, 1975, 5 Pa.B. 1539.
§ 8.25. Herd additions to quarantined herds.
Additions to herds or flocks, after disease confirmation and quarantine, that become diseased or have been exposed to a known infected herd or flock, if it has been determined by the Director that destruction of the animals in the herd or flock will contribute to the disease eradication program, shall be destroyed without indemnity, unless it can be established that the additions were raised on the premise but not included in the test because of the age requirements in § 8.22 (relating to age requirements).
Source The provisions of this § 8.25 adopted June 13, 1975, effective June 14, 1975, 5 Pa.B. 1539.
Cross References This section cited in 7 Pa. Code § 9.32 (relating to reactors on retests).
§ 8.26. Animals purchased without health certificates.
Animals purchased without approved health certificates required under this title that become diseased and must be condemned are not eligible for indemnity.
Authority The provisions of this § 8.26 amended under the Domestic Animal Law, 3 Pa.C.S. § § 2321(a)(12) and (38), 2327, 2329 and 2382.
Source The provisions of this § 8.26 adopted June 13, 1975, effective June 14, 1975, 5 Pa.B. 1539; amended April 11, 1997, effective April 12, 1997, 27 Pa.B. 1791. Immediately preceding text appears at serial page (155465).
§ 8.27. Death of animal after appraisal.
An indemnity will not be paid for a condemned animal that died after appraisal if the carcass was not disposed of under State or Federal supervision.
Source The provisions of this § 8.27 adopted June 13, 1975, effective June 14, 1975, 5 Pa.B. 1539.
§ 8.28. Time required to remove condemned animals after appraisal.
Animals condemned because of disease shall be disposed of according to the State and Federal regulations within 15 days after appraisal to be eligible for indemnity. Special permission in writing shall be obtained from the Bureau by the owner for an extension of time.
Source The provisions of this § 8.28 adopted June 13, 1975, effective June 14, 1975, 5 Pa.B. 1539.
§ 8.29. Sanitation of infected premises.
The infected premises shall be thoroughly cleaned by the owner and disinfected under the supervision of the Bureau. This cleaning and disinfecting shall be done within 15 days following removal of the condemned animals to be eligible for indemnity.
Source The provisions of this § 8.29 adopted June 13, 1975, effective June 14, 1975, 5 Pa.B. 1539.
§ 8.30. Poultry provision.
(a) Indemnification shall be in accordance with the act of June 22, 1931 (P. L. 682, No. 249) (3 P. S. § § 398—400a).
(b) Indemnity shall be available for official pullorum blood test reactors submitted in accordance with Department regulations to Bureau laboratories for necropsy and bacteriological examination, or for poultry flocks specifically adjudged and ordered condemned by the Director only as absolutely necessary to promote the eradication of pullorum disease or fowl typhoid.
(c) Poultry may not be added to flocks already quarantined for pullorum disease or fowl typhoid without permission from the Director. Violation of this subsection may result in condemnation of the additions without indemnification.
Source The provisions of this § 8.30 adopted May 14, 1976, effective May 15, 1976, 6 Pa.B. 1097; amended November 18, 1977, effective November 19, 1977, 7 Pa.B. 3361; amended January 27, 1978, effective January 28, 1978, 8 Pa.B. 246. Immediately preceding text appears at serial page (32356).
Notes of Decisions Appellant, whose flock was quarantined as infected with pollorum, was not entitled to compensation in that the Director of the Bureau of Animal Industry did not condemn appellant’s flock. Case v. Department of Agriculture, 574 A.2d 1179 (Pa. Cmwlth. 1990).
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