APHIS proposed rule on bovine TB and requirements of indemnity payments

TSCRA Daily News Update, July 28, 2008

APHIS proposed rule on bovine TB and requirements for indemnity payments

On July 24, 2008, the Animal and Plant Health Inspection Service (APHIS) published in the Federal Register a proposed rule entitled "Tuberculosis; Require Approved Herd Plans Prior to Payment of Indemnity." This proposed rule would amend the National Cooperative State/Federal Bovine Tuberculosis Eradication Program for bovine tuberculosis (9 CFR part 77 "Tuberculosis" and part 50), as well as the Uniform Methods and Rules - Bovine Tuberculosis Eradication", UMR, Jan. 22, 1999 edition.

APHIS is proposing to amend current regulations regarding the payment of indemnity for animals destroyed because of bovine TB to provide that an approved herd plan must be in place prior to the payment of indemnity, and to provide that 10 percent of the gross indemnity payment be withheld by APHIS until the conditions of an approved herd plan have been implemented.

Additionally, APHIS proposes to change existing regulations to deny payments of federal indemnity for a herd whose owner has failed to follow the provisions of an approved herd plan, or has violated the conditions of an approved herd plan.

APHIS states they are proposing these changes in order to "place more responsibility on owners to adhere to prescribed mitigation measures and protect their herds from reinfection."

APHIS believes that by linking implementation of an approved herd plan and compliance with it to eligibility for federal indemnity via these proposed changes, it would further tuberculosis eradication efforts in the United States and protect livestock not affected with tuberculosis from the disease.

Some key points from the proposed rule:

The proposed rule would link indemnity with approved herd health plans: the proposal amends existing regulations regarding the payment of indemnity for animals destroyed because of bovine TB to provide that an approved herd plan be in place prior to the payment of indemnity, and to provide that 10 percent of the gross indemnity payment will be withheld by APHIS until the conditions of the herd plan have been implemented.
The herd plan must be jointly approved by the state animal health official and the veterinarian in charge: an approved herd plan in this rule is a herd management and testing plan based on the disease history and movement patterns of an individual herd, designed by the herd owner and a state representative or APHIS representative to determine the disease status of livestock in the herd and to eradicate TB within the herd. The plan must be jointly approved by the state animal health official and the veterinarian in charge.
Change from existing regulations regarding herd plans: existing regulations do not require herd owners who have tuberculosis-infected livestock to have an approved herd plan, nor do the regulations penalize owners whose subsequent failure to follow an approved herd plan results in reinfection of the herd or the infection of a replacement herd. However, existing regulations do provide for the use of approved herd plans as a post-exposure management tool; those existing regulations do not require the implementation of herd plans in order for herd owners who have tuberculosis-infected livestock to qualify for indemnity payments. Nor do they penalize owners whose subsequent failure to follow an approved herd plan results in reinfection of the herd or infection of a replacement herd.
Changes regarding indemnity payment procedures: APHIS proposes to provide payment of 90 percent of the gross indemnity amount for which the herd owner is eligible after a herd plan has been approved. Claims for compensation would not be allowed unless an approved herd plan is in place that has been jointly approved by the herd owner(s) and/or their representative(s) and a state or federal veterinarian. Once that has been done, APHIS would withhold the remaining 10 percent of the gross indemnity until the veterinarian in charge or official designated by him has conducted a site visit and has found that the herd owner has implemented the approved herd plan. Also proposed is to amend the regulations to deny payments of federal indemnity for herds whose owners have failed to follow the provisions of an approved herd plan, or have violated the conditions of an approved herd plan.

APHIS expects that this proposed rule will most likely affect small farm or ranch operations and invites public comment on the proposal, including any comment on the expected impacts for small entities, and on how the proposed rule could be modified to reduce expected costs or burdens for small entities consistent with its objectives.

APHIS states that they do not believe the changes they are proposing are likely to cause any measurable economic effects.

You may read the proposed changes by clicking on the following link: go

Comments to the proposed rule are due by Sept. 22, 2008.

You may submit comments by either of the following methods:

Federal eRulemaking Portal: Go to http:// www.regulations.gov/fdmspublic/component/ main?main=DocketDetail&d=APHIS-2006-0193 to submit or view comments and to view supporting and related materials available electronically.

Postal Mail/Commercial Delivery: Please send two copies of your comment to Docket No. APHIS-2006-0193, Regulatory Analysis and Development, PPD, APHIS, Station 3A-03.8, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please state that your comment refers to Docket No. APHIS-2006-0193.