N.J. Admin. Code § 2:2-4.31

Current through Register Vol. 56, No. 18, September 16, 2024

Section 2:2-4.31 - Indemnity for swine destroyed by hog cholera

(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.

N.J. Admin. Code § 2:2-4.31

As amended, R.1970 d.89, eff. 7/31/1970.
See: 2 N.J.R. 53(a), 2 N.J.R. 69(a).
As amended, R.1972 d.191, eff. 9/27/1972.
See: 4 N.J.R. 178(a), 4 N.J.R. 260(a).
As amended, R.1973 d.305, eff. 10/25/1973.
See: 5 N.J.R. 326(b), 5 N.J.R. 363(b).
Amended by R.1989 d.30, effective 1/17/1989.
See: 20 N.J.R. 2419(a), 21 N.J.R. 154(a).
Incorporated v with iv and recodified vi-ix as v-viii.
Amended by R.2010 d.073, effective 5/17/2010.
See: 41 N.J.R. 4349(a), 42 N.J.R. 925(a).
In the introductory paragraph of (a), inserted a comma following "apply"; and in (a)1vii, deleted ", that would result in the herd," following "Department".