HPAI compensation: what you are entitled to and how to claim it
If your birds were killed or died as a result of an HPAI control order, you may be entitled to state compensation. Find out who decides on the amount, where to submit your claim, and what documents you need.
verifiedFrom the team that has organised work on poultry farms for years.
When is compensation due for birds killed or found dead due to HPAI?
The legal basis for paying compensation is the Act of 11 March 2004 on the protection of animal health and the control of infectious animal diseases. Under its provisions, a farmer is entitled to compensation from the state budget for animals that: (1) were killed by order of the Veterinary Inspection in connection with HPAI control, or (2) died from the disease during the control proceedings. Compensation also covers products that had to be destroyed by order: eggs, feed, litter, and other materials contaminated with the HPAI virus.
What is NOT covered by compensation?
Compensation is not payable if the farmer: violated the biosecurity obligations laid down in legislation, prevented or obstructed official activities of the Veterinary Inspection, or failed to report suspicion of an infectious disease. Indirect losses are also excluded — such as lost production income or the costs of a production shutdown. The Act covers only the value of birds killed or found dead and products destroyed.
Who assesses the losses and how?
The value of killed animals is determined on the basis of market prices in the period immediately preceding the confirmation of the outbreak. The valuation is carried out by an expert appointed by the district veterinary officer (DVO) or by the official veterinarian taking part in the culling. The culling protocol records the number of birds by category (broiler, layer, turkey, etc.) and the estimated value of each category. The farmer has the right to participate in the assessment and to raise objections to the protocol.
How is the compensation amount calculated?
Compensation corresponds to the market value of the animals on the day preceding the date on which the culling decision was issued. The Act does not guarantee full reimbursement — the authority may reduce the amount proportionally if it finds that the farmer violated biosecurity rules. In practice, where the farm met all requirements, farmers receive compensation matching the market value of the flock. Amounts for destroyed products (eggs, feed) are set in the same way, based on current market prices.
What is the deadline for submitting a claim?
The claim must be submitted to the district veterinary officer responsible for the area where the farm is located. The Act does not specify a single strict deadline for the farmer to apply, but in practice the claim should be submitted promptly after the control proceedings are concluded and the culling records have been drawn up. The sooner the claim is received, the sooner the payment procedure can begin. The authority must issue a decision within the statutory administrative period — generally 30 days, or 60 days for particularly complex cases.
Scope of state compensation for HPAI losses
The Act covers the value of killed or found-dead animals and destroyed products — not indirect losses.
Poultry killed by HPAI control order
Every bird culled by official decision in a depopulation or preventive flock clearance in the protection zone is eligible for compensation at market value.
Birds found dead during control proceedings
If birds died from HPAI before the official depopulation took place, their value is also included in the compensation — provided they are covered by the Inspection's protocol.
Destroyed feed and litter
Feed, litter and other materials contaminated with the virus that had to be destroyed by Veterinary Inspection order are compensated at market prices or purchase cost.
Destroyed eggs
Unincubated and hatching eggs that had to be destroyed as part of outbreak elimination are valued at market prices in force on the day preceding the decision.
Equipment and fittings — caution
The Act generally does not cover poultry house equipment. Decontamination costs may fall under separate assistance programmes in some budget years, but they are not part of the core statutory compensation.
Indirect losses — outside scope
Lost production income, farm downtime costs, and loan charges are not covered by statutory compensation. Farmers can look for support in ARiMR assistance programmes (e.g. calamity loans), but that is a separate route.
Step by step: how to claim HPAI compensation
The claim is submitted to the district veterinary officer who handled the outbreak proceedings.
Attend the culling — keep a copy of the protocol
The culling protocol lists the number and category of killed birds and their estimated value. It is the key document for your claim — check the figures before signing and keep your copy.
Prepare documents proving flock size
Attach to your claim: farm registration documents (IRZ holding number), purchase invoice or other proof of acquiring the birds, mortality records and the up-to-date flock register.
Submit the claim to the district veterinary officer
The claim goes to the DVO responsible for the farm's location. You can submit it in person, by post, or via ePUAP. Describe the losses in detail: number of birds, category, production status at the time of outbreak confirmation.
The DVO verifies the claim and issues a decision
The district veterinary officer (or the voivode acting through the DVO) verifies the claim, may carry out an additional assessment, and issues an administrative decision on compensation. You have the right to appeal against the decision.
Frequently asked questions about HPAI compensation
Is HPAI compensation paid automatically or do I have to apply?add
You have to apply. The confirmation of an outbreak and the depopulation do not trigger payment automatically. The farmer must submit a claim to the district veterinary officer who handled the proceedings.
Who pays the compensation — the DVO, the voivode, or ARiMR?add
The decision on compensation is issued by the district veterinary officer (or the voivode, depending on the administrative structure). The funds come from the state budget. ARiMR may offer separate forms of support such as calamity loans, but it does not pay compensation under the Animal Health Act.
What happens if my farm did not meet biosecurity requirements?add
The authority may proportionally reduce the compensation if it finds that biosecurity rules were breached. In extreme cases — where the breach directly contributed to the outbreak or its spread — compensation may be refused entirely.
How long does it take to receive compensation?add
The Code of Administrative Procedure requires a decision to be issued within 30 days, or 60 days for complex cases, from the opening of proceedings. The actual time from submitting the claim to receiving payment depends on the authority's workload and the completeness of the documentation — during periods with many outbreaks this may take longer.
Can I appeal if I consider the compensation too low?add
Yes. You may appeal against the district veterinary officer's decision to the Chief Veterinary Officer via the authority that issued the decision, within 14 days of receiving it. You may also challenge the decision before an administrative court.
Are there other forms of financial support beyond statutory compensation?add
Yes. ARiMR offers preferential-rate calamity loans for agricultural producers affected by natural disasters, including infectious animal diseases. It is also worth checking whether grants or reimbursements for outbreak elimination costs are available in the current budget year — the Ministry of Agriculture and Rural Development publishes this information.
Sources & resources
- linkAct of 11 March 2004 on animal health protection and control of infectious animal diseases — ISAP (Polish legislative database)
- linkChief Veterinary Inspectorate — HPAI control information
- linkGov.pl — avian influenza (HPAI): information for farmers
- linkARiMR — loans and assistance for agricultural producers affected by animal diseases
- linkMinistry of Agriculture and Rural Development — control of infectious animal diseases
Keep your farm documentation in order with DlaFerm.pl
Complete, up-to-date flock records and an entry log are essential for inspections and compensation proceedings. Want to see how DlaFerm.pl helps with documentation? Write to us.
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