Section 75.50  Indemnity

a)         If State funds are available, indemnity will be paid to owners of dairy and breeding cattle which react to the official test for the detection of bovine brucellosis and are destroyed provided:

1)         Tests are read at an approved laboratory.

2)         A report has been received from the veterinarian that the entire herd has been officially tested, except calves under 6 months of age and official vaccinates under 24 months of age for beef breeds and 20 months of age for dairy breeds.

3)         Indemnity forms are completed by an accredited veterinarian or a regularly employed State or Federal veterinarian and all the requirements of Sections 4 and 5 of the Act governing the payment of indemnity are observed.

b)         Indemnity will not be paid for reactors disclosed on tests for release of feeder quarantine in accordance with Section 6.3 of the Act or where incomplete herd tests are conducted.

c)         When State funds are available for paying indemnity, the Department shall pay to the owner an indemnity at the rate specified in Section 4 of the Act for each female calf destroyed which was nursing a cow classified as a brucellosis reactor.

d)         Depopulation – When a herd is found to be severely infected as evidenced by disclosure of one or more reactors on 2 or more herd tests, or by more than 10% of the herd being disclosed as reactors on a single herd test, or through bacteriological culture of Brucella abortus from milk or tissue samples from a reactor, the entire herd shall be depopulated; provided, the herd owner agrees to such depopulation and State and/or federal indemnity funds are available to pay for the depopulation.

1)         When the complete herd depopulation procedure is followed, and when State and United States Department of Agriculture funds are available, the State shall pay to the owner of cattle destroyed an indemnity of $50 for any nonregistered animal and $100 for any registered purebred or crossbred animal.

2)         If at any time the United States Department of Agriculture fails to provide indemnity for herd depopulation, the State of Illinois shall, if State funds are available, pay to the owner of cattle destroyed an additional indemnity of $50 for any nonregistered beef animal and $250 for any registered beef or dairy and nonregistered dairy animal.  For the purpose of this Section, "dairy animal" means a female bovine over 20 months of age, which has calved or is within 90 days of parturition and which is a member of a dairy herd used to produce milk for commercial use.

(Source:  Amended at 20 Ill. Reg. 1509, effective January 12, 1996)