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Avian Influenza Indemnity Program

Program Descriptions

Program Number



Avian Influenza Indemnity Program


Federal Agency




9 CFR part 53.






The Animal and Plant Health Inspection Service (APHIS) of the United States Department of Agriculture (USDA) administers regulations at 9 CFR part 53 that provide for the payment of indemnity to owners of animals that are required to be destroyed because of foot-and-mouth disease, pleuropneumonia, rinderpest, exotic Newcastle disease, highly pathogenic avian influenza, infectious salmon anemia, or any other communicable disease of livestock or poultry that, in the opinion of the Secretary of Agriculture, constitutes an emergency and threatens the U.S. livestock or poultry population. Payment for animals destroyed is to be based on the fair market value of the animals.


Types of Assistance

Direct Payments with Unrestricted Use.


Uses and Use Restrictions



Eligibility Requirements

Applicant Eligibility

Identifiable pathogenic avian influenza associated with a disease situation in a poultry operation.

Beneficiary Eligibility

Poultry owners and contract growers.


In the case of claims made under Sec. 53.11, claims for compensation for losses from poultry, eggs, and poultry semen destroyed or to be destroyed must be presented to APHIS, through the inspector in charge, on a form approved by the Administrator. The claim must specify the number, type, and age of the poultry; the number and type of eggs; and the type and amount of semen, as applicable.


Application and Award Process

Preapplication Coordination

There is no preapplication coordination related to this program. This program is excluded from coverage under E.O. 12372.

Application Procedure

Claims for compensation for losses from poultry, eggs, and poultry semen destroyed or to be destroyed must be presented to APHIS, through the inspector in charge, on a form approved by the Administrator.

Award Procedure



Please contact the program contact listed in the Information Contacts section below.

Range of Approval/Disapproval Time

1 to 30 days.





Assistance Considerations

Formula and Matching Requirements

Compensation to Contract Growers: Per bird payment based on the average per bird company grower payment received during the previous year's production x the number of birds depopulated (based on company and grower records) = estimated grower payment if the disease situation hadn't occurred - any company grower payment already received = grower compensation. Compensation to Owners: Compensation value per bird (based on tables included in the compensation plan) x the number of birds depopulated = the total bird value loss + cost to owners of destruction and disposal of birds x 50 percent = total compensation for birds, destruction, and disposal - grower compensation = net owner compensation from the Department.

Length and Time Phasing of Assistance

Payment is made by check or direct deposit after determining applicant eligibility.


Post Assistance Requirements




Recipients under this program are subject to audit by the Office of the Regional Inspector General, U.S. Department of Agriculture.


Poultry owners and contract growers or any other individual or entity receiving payments for this program shall maintain and retain financial books and records which will permit verification of all transactions for at least 3 years, following the end of the calendar year in which payments were made.


Financial Information

Account Identification



(Includes CCC transfer funds) FY 07 $0; FY 08 est $0; and FY 09 est not reported.

Range and Average of Financial Assistance

The compensation plan for growers allows for Federal payment of 100 percent of eligible losses suffered by a grower, up to the amount that the owner of the poultry is eligible to receive before grower compensation is deducted.


Program Accomplishments



Regulations, Guidelines and Literature

Program is announced through news media and in letters to poultry owners and contract growers in the county. Regulations published in 9 CFR part 53.


Information Contacts

Regional or Local Office

FSA state offices can inform applicants of county office locations where applicants may apply for assistance.

Headquarters Office

U.S. Department of Agriculture, Animal and Plant Health Inspection Service, 1400 Independence Avenue, SW, Washington, DC 20250.

Web Site Address


Related Programs



Examples of Funded Projects

Not Applicable.


Criteria for Selecting Proposals

All poultry owners and contract growers meeting eligibility requirements may receive assistance. Applications are non-competitive.


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