P.R. Laws tit. 5, § 838c

2019-02-20 00:00:00+00
§ 838c. Regulations

The Secretary of Agriculture of Puerto Rico is hereby authorized to promulgate the rules and regulations as may be necessary for the eradication of hog cholera in Puerto Rico including everything relative and incidental to the evaluation, isolation, slaughtering, disposal and manner of payment to the owners and to the persons who may have liens on the hogs killed which may be suffering from or which have been or are exposed to hog cholera. Said rules and regulations shall govern with force of law in accordance with the provisions of §§ 2101 et seq. of Title 3.

The regulation promulgated by the said officer shall be governed by the following standards:

The isolation, slaughtering and disposal of hogs to be killed shall be made in a manner as to avoid the risk of disseminating or propagating the hog cholera.

The evaluation shall be made on the basis of the real value of the hog in the market for the purposes of the sale of its meat or for the purposes of fattening or reproduction, at the time and on the place in which the same may be made by adopting the basis that may result to be the greatest, except that only sows shall be eligible for evaluation on the basis of their value for reproduction purposes and in such case their value shall not exceed thrice their value for the purposes of the sale of the meat or for fattening purposes.

The indemnization to be paid shall be determined on the basis of the amount of the evaluation. The Commonwealth of Puerto Rico shall pay the difference between the amount paid by the Government of the United States and the amount of the animal evaluation, except that when taking into consideration a specimen suffering from hog cholera that shall eventually be a total loss to his owner, the Commonwealth of Puerto Rico shall in no case pay for each indemnization more than fifty dollars ($50).

Whenever the owner declares in the blank form, which for such purpose shall be filled out, in order to receive the indemnization, that there exists any lien against the animal, the holder of the lien shall also sign the petition for indemnization and the payment of same shall be made in the manner that the owner and the holders of liens may specify.

History —May 31, 1967, J.R. No. 32, p. 481, § 4; June 6, 1973, J.R. No. 65, p. 619.