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164.21 Amount of indemnity.

The department shall certify the claim of the owner for each animal slaughtered in accordance with this chapter. An infected herd may be completely depopulated and indemnity paid when, in the opinion of the department and the veterinary service of the United States department of agriculture, the disease cannot be adequately controlled by routine testing.

Indemnity shall only be paid if money is available in the brucellosis and tuberculosis eradication fund and if indemnity payment is also made by the United States department of agriculture. However, if the United States department of agriculture is unable to pay indemnity, the state may still pay indemnity for condemned animals if money is available.

In the case of individual payment, all animals shall be individually appraised and the amount of indemnity shall be equal to the difference between the slaughter value and the appraisal price, less the amount of indemnity paid by the United States department of agriculture. The total amount of indemnity paid by the brucellosis and tuberculosis eradication fund for a grade animal or a purebred animal shall not exceed two hundred dollars. However, if a purebred animal is purchased and owned for at least one year before testing and the owner can verify the actual cost, the secretary of agriculture may award the payment of an additional indemnification not to exceed five hundred fifty dollars or the actual cost of the animal when purchased, whichever is less.

Section History: Early form

[C46, 50, 54, 58, 62, § 164.19; C66, 71, 73, 75, 77, 79, 81, § 164.21]

Section History: Recent form

83 Acts, ch 123, § 73, 209; 86 Acts, ch 1036, § 9

Internal References

Referred to in § 165.18


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