New Jersey Administrative Code
Title 2 - AGRICULTURE
Chapter 2 - DISEASE CONTROL PROGRAM
Subchapter 4 - SWINE DISEASE CONTROL
Section 2:2-4.31 - Indemnity for swine destroyed by hog cholera
Universal Citation: NJ Admin Code 2:2-4.31
Current through Register Vol. 56, No. 18, September 16, 2024
(a) Once official confirmation has been had of hog cholera in a herd of swine, the following measures shall apply, as long as funds are available:
1.
All infected and exposed swine on the premises alive at the time initial
notification of the disease was made to the official cooperating agencies shall be
appraised under the following rules:
i. The
schedule as set forth below shall apply in respect to appraisal of swine for meat,
feeding, or breeding, but in no instance shall the appraisal exceed the actual value
of the animal. The basis for appraisal will be established by averaging the
quotations from three of the major quality feeder and slaughter swine markets in the
United States. Swine may be appraised in groups provided they are of the same type
or of the same value per pound. Swine shall be appraised at their actual value for
meat, feeding or breeding purposes except that in the case of grade animals only
females shall be eligible for appraisal based on breeding values and that no such
appraisal shall exceed three times the animal's meat or feeding value. Swine
presented for appraisal as purebreds shall be accompanied by their certificate of
pure breeding.
ii. Expenses for the care
and feeding of swine held for destruction and the expense of destruction, burial,
incineration and/or transportation and other expenses incidental to their slaughter
will be the responsibility of the owner of the swine.
iii. Any indemnity claim for swine destroyed shall
contain owner certification that the swine were, or were not, covered by a mortgage.
If the owner states that there is a mortgage, forms furnished by the cooperating
agencies shall be signed by the owner and by each person holding a mortgage on the
swine consenting to the payment of any indemnity allowed to the person specified
thereon.
iv. The New Jersey Department
of Agriculture agrees to pay the owner of swine destroyed for hog cholera not to
exceed 50 percent of the difference between the appraised value of each swine so
destroyed and the net salvage received by the owner thereof. State indemnity shall
not exceed $ 100.00 per head for purebred, inbred or hybrid swine and for breeding
swine, or $ 50.00 for all other swine and in no case shall State indemnity exceed 50
percent of the difference between the appraised value of each swine so destroyed and
the net salvage, if any, received by the owner.
v. No indemnity will be paid until the premises
and associated vehicles are cleaned and disinfected in a manner approved by the
cooperating agencies.
vi. Following
disclosure of hog cholera infection on a premises, prompt depopulation of all swine,
indemnity payments by the cooperating agencies and premises disinfection, restocking
of such premises with swine will be permitted provided owners and/or operators of
such a swine farm follow recommendations of the cooperating agencies for the
prevention of hog cholera. Failure to follow such agencies shall render owners
and/or operators ineligible for indemnity should hog cholera reinfection occur on
such premises.
vii. Any swine owner who
has willfully violated any rules of the Department will be ineligible for
indemnity.
viii. Feeder swine moving
intra-State must be ear tagged by the owner with tags supplied by the Department and
recorded in triplicate on an owner's certificate, one copy of which must accompany
the swine to destination, one copy to be forwarded to the Division of Animal Health,
and one copy to be retained by the owner.
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