SECTION 57.13. Indemnification

(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.

Source Note: The provisions of this §57.13 adopted to be effective February 4, 2014, 39 TexReg 491