APHIS plans rulemaking on indemnities

August 1, 2024

The Animal and Plant Health Inspection Service (APHIS) plans to issue a proposed rule to change its animal disease indemnity regulations in May 2025, according to the most recent unified regulatory agenda issued by the Office of Management and Budget.

The proposed rule would come more than two years after APHIS issued an advance notice of proposed rulemaking. At that time, UEP commented on changes that were needed to APHIS’s approach for setting values for layers that must be culled because of highly pathogenic avian influenza.

Since then, APHIS has further changed its formula for layers without changing the regulations. UEP has met with APHIS and other top USDA officials to protest the changes, which resulted in a large drop in indemnity values from 2023 to 2024, out of proportion to the change in egg prices. Members of Congress have also expressed concern.

Separately, the unified agenda projects that APHIS will finalize a requirement for biosecurity plans on farms that receive HPAI indemnities in August 2024.