This bill expands the Animal and Plant Health Inspection Service (APHIS) producer indemnity and compensation program to include compensation for all poultry growers and layers located in an APHIS-determined control area, which may include non-infected poultry.
Currently, APHIS provides indemnity and compensation to producers to remove animals classified as affected, suspect, or exposed to diseases of concern, including highly pathogenic avian influenza (HPAI). An APHIS-determined control area consists of both an infected zone and a buffer zone. Under the bill, APHIS must compensate all owners of poultry growing or laying facilities for flocks of birds that the facility owner was prohibited from growing or laying due to the location of the facility within a control area. This may include facilities that are located in the buffer zones and have non-infected poultry.
Further, the bill establishes a new compensation payment formula that requires payments to be based on the owner’s average income from the five most recent flocks. Under the bill, APHIS's compensation determination is final and not subject to judicial or administrative review (other than by the Secretary of Agriculture or a designee).
