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Petitioner's dairy herd is at risk of suffering from
diseases such as brucellosis, tuberculosis, and mastitis. The
herd is also at risk of being exposed to contaminants such as
aflatoxin (contamination of feed). Petitioner has never lost
cattle because of tuberculosis or aflatoxins. Cows brought to
Florida are tested for brucellosis and tuberculosis. Brucellosis
is a contagious disease. Cows with brucellosis must be
slaughtered. About 1,300 of petitioner's 9,000 cows died of
brucellosis from March 5, 1974, to April 21, 1976, and about 200
of petitioner's other cows were afflicted by brucellosis.
Petitioner received a slaughter price for each cow it culled
from its herd during the brucellosis outbreak in the mid-1970's.
During the years in issue, the slaughter price was about $400 per
cow, and the replacement cost was $950 to $1,050. Petitioner
could also receive indemnities of $25 from Florida and an amount
unspecified in the record from the Federal government for each
cow slaughtered due to brucellosis.
Petitioner's herd was vaccinated for brucellosis from 1975
to 1993, and was quarantined by the State of Florida from the
mid-1970's to October 1988. Although petitioner's herd was
brucellosis-free in 1988, about 120 of its cows tested positive
for brucellosis from 1985 to 1989.
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