(a) To be considered eligible livestock for livestock owners, the kind of livestock must be alpacas, adult or non-adult dairy cattle, beef cattle, beefalo, bison, buffalo, elk, emus, equine, llamas, sheep, goats, swine, poultry, deer, ostriches, or reindeer and meet all the conditions in paragraph (c) of this section.

(b) To be considered eligible livestock for contract growers, the kind of livestock must be poultry or swine and meet all the conditions in paragraph (c) of this section.

(c) To be considered eligible livestock for the purpose of generating payments under this subpart, livestock must have:

(1) Died as a direct result of an eligible loss condition:

(i) With the eligible loss condition occurring in the program year for which benefits are sought;

(ii) No later than 30 calendar days for livestock, or 7 calendar days for newborn livestock, from the ending date of the eligible loss condition; or

(2) Been injured and sold at a reduced price as a direct result of an eligible adverse weather event or eligible attack no later than 30 calendar days for livestock, or 7 calendar days for newborn livestock, from the ending date of the eligible adverse weather event or eligible attack.

(3) Been produced or maintained for commercial use for livestock sale or the production of livestock products such as milk or eggs as part of a farming operation on the day they died or until the event that resulted in their sale at a reduced price; and

(4) Not be produced or maintained for reasons other than commercial use for livestock sale or for the production of livestock products such as milk or eggs. Livestock excluded from being eligible include, but are not limited to:

(i) Wild free roaming animals;

(ii) Horses and other animals used or intended to be used for racing or wagering;

(iii) Animals produced or maintained for hunting; and

(iv) Animals produced or maintained for consumption by owner.

(d) The following categories of animals owned by a livestock owner are eligible livestock and calculations of eligibility for payments will be calculated separately for each producer with respect to each category:

(1) Adult beef bulls;

(2) Adult beef cows;

(3) Adult beefalo bulls;

(4) Adult beefalo cows;

(5) Adult buffalo or bison bulls;

(6) Adult buffalo or bison cows;

(7) Adult dairy bulls;

(8) Adult dairy cows;

(9) Alpacas;

(10) Chickens, broilers, pullets (regular size);

(11) Chickens, chicks;

(12) Chickens, layers;

(13) Chickens, pullets or Cornish hens (small size);

(14) Chickens, roasters;

(15) Chickens, super roasters or parts

(16) Deer;

(17) Ducks;

(18) Ducks, ducklings;

(19) Elk;

(20) Emus;

(21) Equine;

(22) Geese, goose;

(23) Geese, gosling;

(24) Goats, bucks;

(25) Goats, nannies;

(26) Goats, kids;

(27) Llamas;

(28) Non-adult beef cattle;

(29) Non-adult beefalo;

(30) Non-adult buffalo or bison;

(31) Non-adult dairy cattle;

(32) Reindeer;

(33) Sheep, ewes;

(34) Sheep, lambs;

(35) Sheep, rams;

(36) Swine, suckling pigs, nursery pigs under 50 pounds;

(37) Swine, lightweight barrows, gilts 50 to 150 pounds;

(38) Swine, sows, boars, barrows, gilts 151 to 450 pounds;

(39) Swine, boars, sows, 450 pounds or more;

(40) Turkeys, poults;

(41) Turkeys, toms, fryers, and roasters; and

(42) Ostriches.

(e) The following categories of animals are eligible livestock for contract growers and calculations of eligibility for payments will be calculated separately for each producer with respect to each category:

(1) Chickens, broilers, pullets (regular size);

(2) Chickens, chicks;

(3) Chickens, layers;

(4) Chickens, pullets or Cornish hens (small size);

(5) Chickens, roasters;

(6) Chickens, super roasters or parts;

(7) Ducks;

(8) Ducks, ducklings;

(9) Geese, goose;

(10) Swine, boars, sows;

(11) Swine, suckling nursery pigs;

(12) Swine, lightweight barrows, gilts 50 to 150 pounds;

(13) Swine, sows, boars, barrows, gilts 151 to 450 pounds;

(14) Swine, boars and sows 450 pounds or more;

(15) Turkeys, poults; and

(16) Turkeys, toms, fryers, and roasters.

(f) Ineligible livestock for the purpose of generating payments under this subpart include those livestock that died due to disease that is not an eligible disease; eligible livestock suffering injury due to disease or eligible disease which are sold for reduced price; and any eligible livestock that died or were injured by anything other than an eligible loss condition.

[83 FR 49469, Oct. 2, 2018, as amended at 85 FR 10966, Feb. 26, 2020; 88 FR 1891, Jan. 11, 2023]