54-191. Nebraska Brand Committee; created; members; terms; vacancy; bond or insurance; expenses; purpose.

(1) The Nebraska Brand Committee is hereby created. Beginning August 28, 2007, the brand committee shall consist of five members appointed by the Governor, subject to confirmation by the Legislature. At least three appointed members shall be active cattlepersons and at least one appointed member shall be an active cattle feeder. The Secretary of State and the Director of Agriculture, or their designees, shall be nonvoting, ex officio members of the brand committee. The appointed members shall be owners of cattle within the brand inspection area, shall reside within the brand inspection area, shall be owners of Nebraska-recorded brands, and shall be persons whose principal business and occupation is the raising or feeding of cattle within the brand inspection area.

(2) The members of the brand committee shall elect a chairperson and vice-chairperson from among its appointed members during the first meeting held after September 1 each calendar year. A member may be reelected to serve as chairperson or vice-chairperson.

(3) The terms of the members shall be four-year, staggered terms, beginning on August 28 of the year of initial appointment or reappointment and concluding on August 27 of the year of expiration. At the expiration of the term of an appointed member, the Governor shall appoint a successor, subject to confirmation by the Legislature. If there is a vacancy on the brand committee, the Governor shall fill such vacancy by appointing a member to serve during the unexpired term of the member whose office has become vacant. Any appointment to fill a vacancy shall be subject to confirmation by the Legislature.

(4) The action of a majority of the members shall be deemed the action of the brand committee. No appointed member shall hold any elective or appointive state or federal office while serving as a member of the brand committee. Each member and each brand committee employee who collects or who is the custodian of any funds shall be bonded or insured as required under section 11-201. The appointed members of the brand committee shall be reimbursed for expenses in attending meetings of the brand committee or in performing any other duties that are prescribed in the Livestock Brand Act or section 54-415, as provided for in sections 81-1174 to 81-1177.

The purpose of the Nebraska Brand Committee is to protect Nebraska brand and livestock owners from the theft of livestock through established brand recording, brand inspection, and livestock theft investigation.

Source:Laws 1999, LB 778, § 22; Laws 2004, LB 884, § 26; Laws 2007, LB422, § 1; Laws 2017, LB600, § 3; Laws 2020, LB381, § 48; Laws 2021, LB572, § 16.

54-192. Nebraska Brand Committee; employees; executive director; duties; chief investigator; brand recorder; grievance procedure.

(1) The Nebraska Brand Committee shall employ such employees as may be necessary to properly carry out the Livestock Brand Act and section 54-415, fix the salaries of such employees, and make such expenditures as are necessary to properly carry out such act and section. Employees of the brand committee shall receive mileage computed at the rate provided in section 81-1176. The brand committee shall select and designate a location or locations where the brand committee shall keep and maintain an office and where records of the brand inspection and investigation proceedings, transactions, communications, brand registrations, and official acts shall be kept.

(2) The brand committee shall employ an executive director who shall be the brand committee head for administrative purposes. The executive director shall keep a record of all proceedings, transactions, communications, and official acts of the brand committee, shall be custodian of all records of the brand committee, and shall perform such other duties as may be required by the brand committee. The executive director shall call a meeting at the direction of the chairperson of the brand committee, or in his or her absence the vice-chairperson, or upon the written request of two or more members of the brand committee. The executive director shall have supervisory authority to direct and control all full-time and part-time employees of the brand committee. This authority allows the executive director to hire employees as are needed on an interim basis subject to approval or confirmation by the brand committee for regular employment. The executive director may place employees on probation and may discharge an employee.

(3) The brand committee shall employ a chief investigator who shall report to the executive director. The chief investigator shall meet the qualifications of an investigator as defined in section 54-182. Under the direction of the executive director, the chief investigator shall be chief of field operations and supervise brand committee investigators and inspectors.

(4) The brand committee shall employ a brand recorder who shall be responsible for the processing of all applications for new livestock brands, the transfer of ownership of existing livestock brands, the maintenance of accurate and permanent records relating to livestock brands, and such other duties as may be required by the brand committee.

(5) If any employee of the brand committee after having been disciplined, placed on probation, or having had his or her services terminated desires to have a hearing before the entire brand committee, such a hearing shall be granted as soon as is practicable and convenient for all persons concerned. The request for such a hearing shall be made in writing by the employee alleging the grievance and shall be directed to the executive director. After hearing all testimony surrounding the grievance of such employee, the brand committee, at its discretion, may approve, rescind, nullify, or amend all actions as previously taken by the executive director.

Source:Laws 1999, LB 778, § 23; Laws 2007, LB422, § 2; Laws 2017, LB600, § 4; Laws 2019, LB660, § 1.

54-193. Nebraska Brand Committee; brand publication.

The Nebraska Brand Committee shall periodically have published in book form, electronic medium, or such other method prescribed by the committee a list of all brands recorded with the brand committee at the time of such publication. Such publication may be supplemented from time to time. The publication shall contain a facsimile of all recorded brands, together with the owner's name and post office address, and shall be arranged in convenient form for reference. The brand committee shall send, without any charge, the publication as required by section 51-413 to the Nebraska Publications Clearinghouse and shall provide the publication to each inspector of record and to the county sheriff of each county in the State of Nebraska, which shall be kept as a matter of public record. The publication may be sold to the general public for a price equal to or less than the actual cost of production.

Source:Laws 1999, LB 778, § 24; Laws 2002, LB 589, § 1.

54-194. Documents; signature and seal requirements.

The director of the Nebraska Brand Committee or the chairperson of the brand committee shall have the authority to sign all certificates and other documents that may by law require certification by signature. Such documents shall include, but not be limited to, new brand certificates, brand transfer certificates, duplicate brand certificates, and brand renewal receipts. A facsimile of the brand committee seal and the signature of the brand recorder shall also be placed on all brand certificates.

Source:Laws 1999, LB 778, § 25; Laws 2007, LB422, § 3.

54-195. Assessments and promotional materials.

(1) The Nebraska Brand Committee may contract to collect assessments made by any public, quasi-public, or private agency or organization on the sale of cattle, beef, and beef products in Nebraska by producers and importers of such cattle, beef, and beef products. The brand committee may charge such agency or organization for collection of the assessments. The charge for collection of assessments shall be used to cover administrative costs of the brand committee, but such charge shall not exceed five percent of the assessments collected.

(2) The brand committee may authorize and direct its employees to disseminate or otherwise distribute various materials promoting the cattle industry.

Source:Laws 1999, LB 778, § 26; Laws 2017, LB600, § 5.

54-196. Rules and regulations.

The Nebraska Brand Committee may adopt and promulgate rules and regulations to carry out the Livestock Brand Act and section 54-415.

Source:Laws 1999, LB 778, § 27.

Annotations

Delegation of power to make rules and regulations was essential to complete exercise of powers conferred. Satterfield v. State, 172 Neb. 275, 109 N.W.2d 415 (1961).

54-197. Nebraska Brand Inspection and Theft Prevention Fund; created; use; investment.

The Nebraska Brand Inspection and Theft Prevention Fund is created. Fees and money collected pursuant to the Livestock Brand Act not otherwise provided for in the act shall be remitted to the State Treasurer for credit to the fund. The fund shall be used by the Nebraska Brand Committee in the administration and enforcement of the act and section 54-415. All expenses and salaries provided for under such act or incurred by reason thereof shall be paid out of the fund. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.

Source:Laws 1999, LB 778, § 28.

Cross References

Nebraska Capital Expansion Act, see section 72-1269.

Nebraska State Funds Investment Act, see section 72-1260.

54-198. Recorded livestock brand; requirements; in-herd identification; prohibited act.

(1) Any person may record a brand, which he or she has the exclusive right to use in this state, and it is unlawful to use any brand for branding any livestock unless the person using such brand has recorded that brand with the Nebraska Brand Committee. A brand is a mark consisting of symbols, characters, numerals, or a combination of such intended as a visual means of ownership identification when applied to the hide of an animal. Only a hot iron or freeze brand or other method approved by the brand committee shall be used to apply a brand to a live animal.

(2) A hot iron brand or freeze brand may be used for in-herd identification purposes such as for year or production records. With respect to hot iron brands used for in-herd identification, the numerals 0, 1, 2, 3, 4, 5, 6, 7, 8, and 9 in singular or triangular position are reserved on both the right and left shoulder of all cattle, except that such shoulder location for a single-number hot iron brand may be used for year branding for in-herd identification purposes, and an alphabetical letter may be substituted for one of the numerals used in a triangular configuration for in-herd identification purposes. Hot iron brands used for in-herd identification shall be used in conjunction with the recorded hot iron brand and shall be on the same side of the animal as the recorded hot iron brand. Freeze branding for in-herd identification may be applied in any location and any configuration with any combination of numerals or alphabetical letters.

(3) It shall be unlawful to knowingly maintain a herd containing one or more animals which the possessor has branded, or caused to be branded, in violation of this section or any other provision of the Livestock Brand Act.

Source:Laws 1999, LB 778, § 29; Laws 2000, LB 213, § 4; Laws 2002, LB 589, § 2; Laws 2017, LB600, § 6; Laws 2021, LB572, § 17.

54-199. Livestock brand; application; fees; requirements; issuance.

(1) To record a brand, a person shall forward to the Nebraska Brand Committee a facsimile or description of the brand desired to be recorded, a written application, and a recording fee and research fee established by the brand committee. Such recording fee may vary according to the number of locations and methods of brand requested but shall not be more than one hundred fifty dollars per application. Such research fee shall be charged on all applications and shall not be more than fifty dollars per application.

(2) For recording of visual brands, upon receipt of a facsimile of the brand, an application, and the required fee, the brand committee shall determine compliance with the following requirements:

(a) The brand shall be an identification mark that is applied to the hide of a live animal by hot iron branding or by either hot iron branding or freeze branding. The brand shall be on either side of the animal in any one of three locations, the shoulder, ribs, or hip;

(b) The brand is not recorded under the name of any other person and does not conflict with or closely resemble a prior recorded brand;

(c) The brand application specifies the left or right side of the animal and the location on that side of the animal where the brand is to be placed;

(d) The brand is not recorded as a trade name nor as the name of any profit or nonprofit corporation, unless such trade name or corporation is of record, in current good standing, with the Secretary of State; and

(e) The brand is, in the judgment of the brand committee, legible, adequate, and of such a nature that the brand when applied can be properly read and identified by employees of the brand committee.

(3) All visual brands shall be recorded as a hot iron brand only unless a co-recording as a freeze brand or other approved method of branding is requested by the applicant. The brand committee shall approve co-recording a brand as a freeze brand unless the brand would not be distinguishable from in-herd identification applied by freeze branding.

(4) If the facsimile, the description, or the application does not comply with the requirements of this section, the brand committee shall not record such brand as requested but shall return the recording fee to the forwarding person. The power of examination and rejection is vested in the brand committee, and if the brand committee determines that the application for a visual brand falls within the category set out in subdivision (2)(e) of this section, it shall decide whether or not a recorded brand shall be issued. The brand committee shall make such examination as promptly as possible. If the brand is recorded, the ownership vests from the date of filing of the application.

(5) The brand committee may by rule and regulation provide for the use of approved nonvisual identifiers for purposes of enrolling cattle identified by such method of livestock identification. Such method of livestock identification shall be approved only if it functions as satisfactory evidence of ownership for the purpose of enrollment of cattle and for electronic inspection authorized under section 54-1,108. Before approving any nonvisual identifier, the brand committee shall consider the degree to which such method may be susceptible to error, failure, or fraudulent alteration. Any rule or regulation shall be adopted and promulgated only after public hearing conducted in compliance with the Administrative Procedure Act.

Source:Laws 1999, LB 778, § 30; Laws 2000, LB 213, § 5; Laws 2002, LB 589, § 3; Laws 2005, LB 441, § 1; Laws 2021, LB572, § 18.

Cross References

Administrative Procedure Act, see section 84-920.

Annotations

Brand on livestock is presumptive evidence of ownership. Whiteside v. Whiteside, 159 Neb. 362, 67 N.W.2d 141 (1954).

54-1,100. Recorded brand; transfer; lien or security interest; notice; effect; fee; effect; lease of brand; fee.

(1) A recorded brand is the property of the person causing such record to be made and is subject to sale, assignment, transfer, devise, and descent as personal property. Any instrument of writing evidencing the sale, assignment, or transfer of a recorded brand shall be effective upon its recording with the Nebraska Brand Committee. No such instrument shall be accepted for recording if the brand committee has been duly notified of the existence of a lien or security interest against livestock owned or thereafter acquired by the owner of such brand by the holder of such lien or security interest. Written notification from the holder of such lien or security interest that the lien or security interest has been satisfied or consent from the holder of such lien or security interest shall be required in order for the brand committee to accept for recording an instrument selling, assigning, or transferring such recorded brand. Except as provided in subsection (2) of this section, the fee for recording such an instrument shall be established by the brand committee and shall not be more than forty dollars. Such instrument shall give notice to all third persons of the matter recorded in the instrument and shall be acknowledged by a notary public or any other officer qualified under law to administer oaths.

(2) The owner of a recorded brand may lease the brand to another person upon compliance with this subsection and subject to the approval of the brand committee. The lessee shall pay a filing fee established by the brand committee not to exceed one hundred dollars. The leased recorded brand may expire as agreed in the lease, but in no event shall such leased recorded brand exceed the original expiration date.

Source:Laws 1999, LB 778, § 31; Laws 2002, LB 589, § 4; Laws 2009, LB142, § 1; Laws 2017, LB600, § 7.

54-1,101. Recorded brand; owner; copies of record.

The owner of a recorded brand is entitled to one certified copy of the record of such brand from the Nebraska Brand Committee without charge. Additional certified copies of the record may be obtained by anyone upon the payment of one dollar for each copy.

Copies of any other document of the brand committee may be requested, and a fee of one dollar shall be collected for each page copied. Only personnel authorized by the brand committee shall make copies and collect such fees. The party requesting the copies is responsible for payment of the fee and shall reimburse the brand committee for the research time necessary to furnish the requested documents at a rate of not less than twenty nor more than forty dollars per hour of research time. The rate shall be reviewed and set annually by the brand committee.

Source:Laws 1999, LB 778, § 32; Laws 2021, LB572, § 19.

54-1,102. Recorded brand; use; expiration date; renewal fee; expired brand; reinstated.

(1) A recorded brand may be applied by its owner until its expiration date.

(2) On and after January 1, 1994, the expiration date of a recorded brand is the last day of the calendar quarter of the renewal year as designated by the Nebraska Brand Committee in the records of the brand committee.

(3) The brand committee shall notify every owner of a recorded brand of its expiration date at least sixty days prior to the expiration date, and the owner of the recorded brand shall pay a renewal fee established by the brand committee which shall not be more than two hundred dollars and furnish such other information as may be required by the brand committee. The renewal fee is due and payable on or before the expiration date and renews a recorded brand for a period of four years regardless of the number of locations on one side of an animal on which the brand is recorded. If any owner fails, refuses, or neglects to pay the renewal fee by the expiration date, the brand shall expire and be forfeited.

(4) The brand committee has the authority to hold an expired brand for one year following the date of expiration. An expired brand may be reinstated by the same owner during such one-year period upon return of a brand application form and payment of the recording fee and research fee for such brand established by the brand committee under section 54-199 plus a penalty of five dollars for each month or part of a month which has passed since the date of expiration. A properly reinstated brand may be transferred to another person during such one-year period upon completion of a transfer form, with a notarized bill of sale signed by the prior owner attached to such transfer form.

Source:Laws 1999, LB 778, § 33; Laws 2002, LB 589, § 5; Laws 2021, LB572, § 20.

54-1,103. Reserved brands; use.

(1) Cattle brands consisting of alphabetical letters A through Z, and numbers 1, 2, 3, 4, 5, 6, 7, 8, and 9 on the left or right jaw are reserved for assignment by the brand recorder, as designated by the Nebraska Brand Committee. The brand recorder shall not assign such brands to any person in the State of Nebraska unless authorized by the brand committee, and it shall be unlawful for any person to use such brands except as provided in subsection (2) of this section.

(2) Every person when spaying heifers, upon request of the owner thereof, shall brand such heifers with the alphabetical letter O on the left jaw and furnish the owner with a certificate that all heifers so branded have been properly spayed by a licensed veterinarian. Permission may be granted by the brand committee to state and federal animal disease control agencies to require the use of the letters F, V, B, S, and T and an open-end spade on either the right or left jaw of cattle in a manner consistent with animal disease control laws.

Source:Laws 1999, LB 778, § 34.

54-1,104. Brand assigned to committee.

There is a recorded brand consisting of the alphabetical letter N on the entire right and left sides which is assigned to the Nebraska Brand Committee to be used only by authorized personnel of the brand committee to permanently identify livestock which are suspected of having been stolen and may be used as evidence in any court proceeding. It shall in no way signify that the brand committee (1) is the owner of livestock so branded or (2) claims ownership in any livestock carrying such brand. It shall only be construed and intended that livestock so branded are evidence or portions of evidence seized relative to an alleged theft of livestock.

Source:Laws 1999, LB 778, § 35.

54-1,105. Brands; distinction requirements.

(1) Cattle branded with a Nebraska-recorded visual brand shall be branded so that the recorded brand of the owner shows distinctly.

(2) If the owners of recorded brands which conflict with or closely resemble each other maintain their herds in close proximity to each other, the Nebraska Brand Committee has the authority to decide, after hearing as to which at least ten days' written notice has been given, any dispute arising therefrom and to direct such change or changes in the position or positions where such recorded brand or brands are to be placed as will remove any confusion that might result from such conflict or close resemblance.

Source:Laws 1999, LB 778, § 36; Laws 2002, LB 589, § 6; Laws 2017, LB600, § 8.

54-1,106. Grazing livestock; requirements.

A person who brings livestock into any county of this state for grazing purposes which are already branded shall provide the Nebraska Brand Committee with a statement of the brands of such livestock. Failure to comply with this section renders the violating person liable for all damages resulting from such failure.

Source:Laws 1999, LB 778, § 37.

54-1,107. Recorded brand; evidentiary effect.

A recorded brand is prima facie evidence of ownership of livestock and is admissible into evidence in any court in this state if the brand meets the requirements of and is recorded as provided in section 54-199. Other documentary evidence such as bills of sale or certificates of brand clearance transferring title from an owner to another party may also be introduced as evidence of livestock ownership in any court in this state. The recording of instruments of writing evidencing the sale, assignment, or transfer of a recorded brand gives notice to all third persons of the matter recorded, and certified copies are admissible in evidence without further foundation. In all suits at law or in equity, in any criminal proceedings, or when determining the ownership of estrays wherein the title to livestock is an issue, the certified copy of the record of a recorded brand or instrument of writing evidencing sale, assignment, or transfer of a recorded brand is prima facie evidence of the ownership of such livestock by the person possessing such livestock.

Source:Laws 1999, LB 778, § 38.

Annotations

"Prima facie evidence of ownership" means that in the absence of other evidence, proof of ownership of the brand is sufficient to constitute a prima facie case which will withstand a motion for a directed verdict on that issue. Broken Bow Prod. Credit Assn. v. Western Iowa Farms, 232 Neb. 357, 440 N.W.2d 480 (1989).

Ownership of brand is prima facie evidence of ownership of animal. Bush v. Kramer, 185 Neb. 1, 173 N.W.2d 367 (1969).

Brand upon cattle is prima facie evidence of title. Coomes v. Drinkwalter, 181 Neb. 450, 149 N.W.2d 60 (1967).

Registration of brand in decedent's name raised prima facie presumption of ownership of branded cattle. Whiteside v. Whiteside, 159 Neb. 362, 67 N.W.2d 141 (1954).

Brand on livestock is only prima facie evidence of ownership which may be rebutted. Bendfeldt v. Lewis, 149 Neb. 107, 30 N.W.2d 293 (1948).

A brand on livestock is only prima facie evidence of ownership which may be rebutted. Heritage Bank v. Kasson, 22 Neb. App. 401, 853 N.W.2d 868 (2014).

Evidence of brands, and that defendant claimed title, held to support findings that cattle delivered to sale barn were those described in financing statement and government was entitled to recover proceeds to apply on secured loan by Farmers Home Administration. United States v. Pirnie, 339 F.Supp. 702 (D. Neb. 1972).

54-1,108. Physical inspections; when required; surcharge; fees; mileage; electronic inspection; when permitted; fees; procedures; report; reinspection; when.

(1)(a) All physical inspections for brands provided for in the Livestock Brand Act or section 54-415 shall be from sunrise to sundown or during such other hours and under such conditions as the Nebraska Brand Committee determines. The brand committee shall assess a fifty-dollar late notice surcharge if a request for a physical inspection is made less than forty-eight hours prior to the date of inspection.

(b) A physical inspection shall be required when brands applied by hot iron or freeze branding methods are the exclusive means of ownership identification and in all other cases that do not qualify for electronic inspection as provided in subsection (2) of this section.

(c) Beginning October 1, 2021, a physical inspection fee of eighty-five cents per head until June 30, 2023, and beginning July 1, 2023, a fee established by the Nebraska Brand Committee, of not more than one dollar and ten cents per head shall be charged for all cattle inspected in accordance with the Livestock Brand Act or section 54-415, inspected within the brand inspection area or brand inspection service area by court order, inspected at the request of any bank, credit agency, or lending institution with a legal or financial interest in such cattle, or inspected at the request of a neighboring livestock owner with missing cattle. The inspection fee for court-ordered inspections shall be paid from the proceeds of the sale of such cattle if ordered by the court or by either party as the court directs. For other inspections, the person requesting the inspection of such cattle is responsible for the inspection fee. Brand inspections requested by either a purchaser or seller of cattle located within the brand inspection service area shall be provided upon the same terms and charges as brand inspections performed within the brand inspection area. If estray cattle are identified as a result of the inspection, such cattle shall be processed in the manner provided by section 54-415.

(d) The actual mileage incurred by the inspector to perform a physical inspection shall be paid by the party requesting inspection and paid at the rate established by the Department of Administrative Services pursuant to section 81-1176.

(e) For physical inspections performed outside of the brand inspection area that are not provided for in subdivision (c) of this subsection, the fee shall be the inspection fee established in such subdivision plus a fee to cover the actual expense of performing the inspection, including mileage at the rate established by the Department of Administrative Services and an hourly rate, not to exceed thirty dollars per hour, for the travel and inspection time incurred by the brand committee to perform such inspection. The brand committee shall charge and collect the actual expense fee. Such fee shall apply to inspections performed outside the brand inspection area as part of an investigation into known or alleged violations of the Livestock Brand Act and shall be charged against the person committing the violation.

(2)(a) The brand committee may provide for electronic inspection of enrolled cattle identified by approved nonvisual identifiers pursuant to subsection (5) of section 54-199. The brand committee shall establish procedures for enrollment of such cattle with the brand committee which shall include providing acceptable certification or evidence of ownership. Electronic inspection shall not require agency employees to be present, except that random audits shall occur.

(b) Beginning October 1, 2021, an electronic inspection fee not to exceed eighty-five cents per head until June 30, 2023, and beginning July 1, 2023, a fee established by the brand committee of not more than one dollar and ten cents per head shall be charged for all cattle subjected to electronic inspection in accordance with the Livestock Brand Act or section 54-415.

(c) A certified bill of sale for sale of calves shall be provided to qualified dairies once the required information is electronically transferred to the brand committee on calves under thirty days of age. The fee shall be the same as for an electronic inspection under subdivision (2)(b) of this section.

(d) A certified transportation permit shall be provided to qualified dairies after the required information is electronically transferred to the brand committee on calves under thirty days of age which are moved out of the inspection area. The fee shall be the same as for an electronic inspection under subdivision (2)(b) of this section.

(e) On or before December 1, 2021, the brand committee shall report to the Legislature any actions taken or necessary for implementing electronic inspection authorized by this subsection, including personnel and other resources utilized to support electronic inspection, how the brand committee's information technology capabilities are utilized to support electronic inspection, a listing of approved nonvisual identifiers, the requirements for enrolling cattle identified by approved nonvisual identifiers, current and anticipated utilization of electronic inspection by the livestock industry, and the fees required to recover costs of performing electronic inspection.

(3) Any person who has reason to believe that cattle were shipped erroneously due to an inspection error during a brand inspection may request a reinspection. The person making such request shall be responsible for the expenses incurred as a result of the reinspection unless the results of the reinspection substantiate the claim of inspection error, in which case the brand committee shall be responsible for the reinspection expenses.

Source:Laws 1999, LB 778, § 39; Laws 2002, LB 589, § 7; Laws 2005, LB 441, § 2; Laws 2011, LB181, § 1; Laws 2014, LB768, § 5; Laws 2015, LB85, § 1; Laws 2021, LB572, § 21.

54-1,109. Brand inspection area; designation.

The brand inspection area of Nebraska consists of the following land area of counties and parts thereof: Arthur, Banner, Blaine, Box Butte, Boyd, Brown, Buffalo, Chase, Cherry, Cheyenne, Custer, Dawes, Dawson, Deuel, Dundy, Franklin, Frontier, part of the south half of section 1, township 3 north, range 21, on railroad right-of-way in the west part of Oxford Town called Burlington addition in Furnas, Garden, Garfield, Gosper, Grant, Greeley, all of lots 1, 7, and 8 in block 48 in original town of Grand Island, and all of the southeast quarter lying south of the Union Pacific Railroad Company's right-of-way in section 24, township 11 north, range 10, in Hall, Harlan, Hayes, Hitchcock, Holt, Hooker, Howard, Kearney, Keith, Keya Paha, Kimball, all of Knox except Eastern, Dolphin, Dowling, Columbia, Morton, Peoria, Addison, Herrick, Frankfort, and Lincoln townships, Lincoln, Logan, Loup, McPherson, Morrill, Perkins, Phelps, Red Willow, Rock, Scotts Bluff, Sheridan, Sherman, Sioux, Thomas, Valley, the existing livestock auction markets in Blue Hill, all of lots 1 to 6, and lots 7 and 8, except twenty-two feet of the east side of lot 8, all in block 6, original town of Blue Hill, and Red Cloud, part of lot A, Roats subdivision to Red Cloud, lots 1 and 2 and the south one-half of block 32 in original town of Red Cloud, and all of annex lot 21, Red Cloud, in Webster, and all of Wheeler.

Source:Laws 1999, LB 778, § 40.

54-1,110. Brand inspection area; brand inspection requirements; violation; penalty.

(1) Except as provided in subsections (2) and (3) of this section, no person shall move, in any manner, cattle from a point within the brand inspection area to a point outside the brand inspection area unless such cattle first have a brand inspection by the Nebraska Brand Committee and a certificate of inspection is issued. A copy of such certificate shall accompany the cattle and shall be retained by all persons moving such cattle as a permanent record.

(2) Cattle in a registered feedlot registered under sections 54-1,120 to 54-1,122 are not subject to the brand inspection of subsection (1) of this section. Possession by the shipper or trucker of a shipping certificate from the registered feedlot constitutes compliance if the cattle being shipped are as represented on such shipping certificate.

(3) If the line designating the brand inspection area divides a farm or ranch or lies between noncontiguous parcels of land which are owned or operated by the same cattle owner or owners, a permit may be issued, at the discretion of the Nebraska Brand Committee, to the owner or owners of cattle on such farm, ranch, or parcels of land to move the cattle in and out of the brand inspection area without inspection. If the line designating the brand inspection area lies between a farm or ranch and nearby veterinary medical facilities, a permit may be issued, at the discretion of the brand committee, to the owner or owners of cattle on such farm or ranch to move the cattle in and out of the brand inspection area without inspection to obtain care from the veterinary medical facilities. The brand committee shall issue initial permits only after receiving an application which includes an application fee established by the brand committee which shall not be more than fifteen dollars. The brand committee shall mail all current permitholders an annual renewal notice, for January 1 renewal, which requires a renewal fee established by the brand committee which shall not be more than fifty dollars. If the permit conditions still exist, the cattle owner or owners may renew the permit.

(4) No person shall sell any cattle knowing that the cattle are to be moved, in any manner, in violation of this section. Proof of shipment or removal of the cattle from the brand inspection area by the purchaser or his or her agent is prima facie proof of knowledge that sale was had for removal from the brand inspection area.

(5) A violation of this section is an infraction. A peace officer shall have the authority to write a citation, which shall be waivable, to offenders in violation of this section. A fine under this section shall not exceed two hundred dollars per head for each offense. Violations shall be charged in the county of origin of the cattle or any other county through which the cattle were moved from the brand inspection area.

Source:Laws 1999, LB 778, § 41; Laws 2000, LB 213, § 6; Laws 2002, LB 589, § 8; Laws 2014, LB768, § 6; Laws 2017, LB600, § 9; Laws 2021, LB572, § 22.

Annotations

Brand Inspection Act is not special legislation and is constitutional. Satterfield v. State, 172 Neb. 275, 109 N.W.2d 415 (1961).

54-1,111. Brand inspection area; sale or trade of cattle; requirements; violation; penalty.

(1) Except as provided in subsection (2) of this section, no person shall sell or trade any cattle located within the brand inspection area, nor shall any person buy or purchase any such cattle unless the cattle have been inspected for evidence of ownership and a certificate of inspection or brand clearance has been issued by the Nebraska Brand Committee. Any person selling such cattle shall present to the brand inspector a properly executed bill of sale, brand clearance, or other satisfactory evidence of ownership which shall be filed with the original certificate of inspection in the records of the brand committee. Any time a brand inspection is required by law, a brand investigator or brand inspector may transfer evidence of ownership of such cattle from a seller to a purchaser by issuing a certificate of inspection.

(2) A brand inspection is not required:

(a) For cattle of a registered feedlot registered under sections 54-1,120 to 54-1,122 shipped for direct slaughter or sale on any terminal market;

(b) For cattle that are:

(i) Transferred to a family corporation when all the shares of capital stock of the corporation are owned by the husband, wife, children, or grandchildren of the transferor and there is no consideration for the transfer other than the issuance of stock of the corporation to such family members; or

(ii) Transferred to a limited liability company in which membership is limited to the husband, wife, children, or grandchildren of the transferor and there is no consideration paid for the transfer other than a membership interest in the limited liability company;

(c) When the change of ownership of cattle is a change in form only and the surviving interests are in the exact proportion as the original interests of ownership. When there is a change of ownership described in subdivision (2)(b) or (c) of this section, an affidavit, on a form prescribed by the Nebraska Brand Committee, signed by the transferor and stating the nature of the transfer and the number of cattle involved and the brands presently on the cattle, shall be filed with the brand committee;

(d) For cattle sold or purchased for educational or exhibition purposes or other recognized youth activities if a properly executed bill of sale is exchanged and presented upon demand. Educational or exhibition purpose means cattle sold or purchased for the purpose of being fed, bred, managed, or tended in a program designed to demonstrate or instruct in the use of various feed rations, the selection of individuals of certain physical conformation or breeds, the measurement and recording of rate of gain in weight or fat content of meat or milk produced, or the preparation of cattle for the purpose of exhibition or for judging as to quality and conformation;

(e) For calves under the age of thirty days sold or purchased at private treaty if a bill of sale is exchanged and presented upon demand; and

(f) For seedstock cattle raised by the seller and individually registered with an organized breed association if a properly executed bill of sale is exchanged and presented upon demand.

(3) A violation of this section is an infraction. A peace officer shall have the authority to write a citation, which shall be waivable, to offenders in violation of this section. A fine under this section shall not exceed two hundred dollars per head for each offense. Violations shall be charged in the county in which the offense occurred.

Source:Laws 1999, LB 778, § 42; Laws 2000, LB 213, § 7; Laws 2014, LB768, § 7; Laws 2017, LB600, § 10; Laws 2021, LB572, § 23.

54-1,112. Brand inspection area; slaughter and hide records; violation; penalty.

(1) Any person located within the brand inspection area who slaughters or has cattle slaughtered for sale or distribution shall keep, in a book for that purpose, a true and faithful record of all cattle purchased and slaughtered. Such record shall also contain a description of the marks, brands, age, weight, and color of all cattle slaughtered. Such record shall contain the date when the cattle were slaughtered and a notation which sets forth by whom the cattle were raised or from whom purchased.

(2) All persons who purchase hides shall keep a record of all hides of cattle purchased by them, which record shall state the name or names of the person or persons from whom purchased, their place of residence, the date of purchase, and all marks and brands on the hide, and the record shall at all times be open for inspection by any peace officer.

Source:Laws 1999, LB 778, § 43; Laws 2021, LB572, § 24.

54-1,113. Sale, trade, use, or consumption of beef or veal; requirements; violation; penalty.

(1)(a) Inside of the brand inspection area, no person shall sell or trade or offer for sale or trade the carcass of a beef or veal, or any portion thereof, including the hide of such carcass, unless a certificate of inspection is secured from a brand inspector. Such person shall exhibit the certificate of inspection upon the demand of any person.

(b) Outside of the brand inspection area, no person shall sell or offer for sale, except as a butcher bonded under section 54-1,114, the carcass of a beef or veal, or any portion thereof, without first exhibiting the intact hide of the same and exposing the brand upon the hide, if any, to the purchaser. A person selling or offering for sale any such carcass of beef or veal shall preserve the hide of the same for a period of fifteen days unless a certificate of inspection is secured from a brand inspector, and such person shall exhibit the certificate of inspection upon the demand of any person.

(2) No person shall kill for his, her, or its own use and consumption any cattle for beef or veal without preserving the hide of such animal intact with a complete unskinned tail attached thereto for a period of not less than fifteen days unless a certificate of inspection is secured from a brand inspector, and such hide shall be presented for inspection upon demand of any person.

Source:Laws 1999, LB 778, § 44; Laws 2021, LB572, § 25.

54-1,114. Slaughter of cattle; brand inspection requirements; violation; penalty.

(1) Except as provided in subsections (2) and (3) of this section, no butcher, packer, or vendor engaged in the slaughter of cattle within the brand inspection area shall kill or otherwise dispose of any cattle until a brand inspection is performed by the Nebraska Brand Committee on the premises where such slaughter is to take place and until a certificate of inspection from the brand committee is filed and is made a part of such operator's permanent records. All such certificates of inspection shall, upon demand, be displayed to any peace officer or to the brand committee at any time.

(2) If cattle requiring inspection under this section are to be slaughtered and are purchased by such butcher, packer, or vendor at a regularly brand-inspected sales barn and are destined for direct slaughter upon reaching their destination, the brand inspector at such sales barn shall be advised that such cattle are destined for direct slaughter. The brand inspector shall then issue a certificate of inspection for the cattle, such certificate to indicate that the cattle are to go to direct slaughter and that the cattle are not to be retained by such butcher, packer, or vendor for longer than ninety-six hours prior to slaughter. Cattle inspected at the point of origin by a brand inspector shall not require an additional brand inspection upon reaching a destination within the state if the certificate of inspection designates that the cattle are to go directly for slaughter and not to be retained by such butcher, packer, or vendor longer than ninety-six hours prior to slaughter.

(3) If cattle required to be inspected under this section are offered for slaughter and satisfactory evidence of ownership has not been provided, the butcher, packer, or vendor may, with the approval of the brand inspector, slaughter the cattle and hold the meat until such time as satisfactory evidence of ownership is provided to the brand committee. The brand inspector shall provide the butcher, packer, or vendor with an official notice advising the operator not to release the meat until authorized by the brand committee. The brand committee may provide for a cash bond to be posted with the executive director of the brand committee so that the meat may be released prior to the establishment of satisfactory evidence of ownership. The amount of the bond shall be set at the approximate value of the cattle. When satisfactory evidence of ownership has been provided by the person offering the cattle for slaughter, the executive director shall authorize the release of the meat or the return of the bond.

(4) A violation of this section is an infraction. A peace officer shall have the authority to write a citation, which shall be waivable, to offenders in violation of this section. A fine under this section shall not exceed two hundred dollars per head for each offense. Violations shall be charged in the county in which the offense occurred.

Source:Laws 1999, LB 778, § 45; Laws 2021, LB572, § 26.

54-1,115. Livestock transportation authority form; requirements; violation; penalty.

(1) Any person, other than the owner or the owner's employee, using a motor vehicle or trailer to transport livestock or carcasses over any land within the State of Nebraska not owned or rented by such person or who is so transporting such livestock upon a highway, public street, or thoroughfare within the State of Nebraska shall have in his or her possession a livestock transportation authority form, certificate of inspection, or shipping certificate from a registered feedlot, authorizing such movement as to each head of livestock transported by such vehicle.

(2) A livestock transportation authority form shall be in writing and shall state the name of the owner of the livestock, the owner's post office address, the place from which the livestock are being moved, including the name of the ranch, if any, the destination, the name and address of the carrier, the license number and make of motor vehicle to which consigned, together with the number of livestock and a description thereof including kind, sex, breed, color, and marks, if any, and in the case of livestock shipments originating within the brand inspection area, the brands, if there are any. The authority form shall be signed by the owner of the livestock or the owner's authorized agent.

(3) Any peace officer, based upon probable cause to question the ownership of the livestock being transported, may stop a motor vehicle or motor vehicle and trailer and request exhibition of any authority form or certificate required by this section.

Source:Laws 1999, LB 778, § 46; Laws 2000, LB 213, § 8; Laws 2017, LB600, § 11; Laws 2021, LB572, § 27.

Cross References

Duty to care for livestock, violation, penalty, see section 54-7,104.

54-1,116. Satisfactory evidence of ownership; violation; penalty.

(1) All livestock sold or otherwise disposed of shall be accompanied by a properly executed bill of sale in writing or, for cattle, a certificate of inspection. All owners of or persons possessing livestock have a duty to exhibit, upon request of any person, the bill of sale or other satisfactory evidence of ownership of the livestock.

(2) A violation of this section is an infraction. A peace officer shall have the authority to write a citation, which shall be waivable, to offenders in violation of this section. A fine under this section shall not exceed two hundred dollars per head for each offense. Violations shall be charged in the county in which the offense occurred.

Source:Laws 1999, LB 778, § 47; Laws 2021, LB572, § 28.

54-1,117. Brand inspection area; intermingling of livestock; effect.

No consignment of livestock within, entering into, or passing through the brand inspection area, after having been inspected by a brand inspector, shall be permitted to intermingle with any other livestock located within the brand inspection area. If, at any time after brand inspection has been performed or a certificate of inspection has been issued on any shipment of livestock, the livestock become intermingled with other livestock located within the brand inspection area, the original brand inspection is void and before further movement of the livestock out of the brand inspection area may be made, reinspection for identification of brands is required. A brand inspector may require reinspection if he or she has reason to believe a consignment of livestock has become intermingled.

Source:Laws 1999, LB 778, § 48.

54-1,118. Livestock; questions of ownership; procedure.

If any livestock inspected under the Livestock Brand Act or section 54-415 is unbranded or bears a brand or brands in addition to, or other than, the recorded brand or brands of the shipper or seller, then the shipper or seller may be required to establish his or her ownership of such livestock by exhibiting to the Nebraska Brand Committee a bill of sale to such livestock or by other satisfactory evidence of ownership. If ownership of the livestock is not established, the livestock may be sold, and the selling agent who sells such livestock shall hold the proceeds of the sale. If any shipper or seller who has offered such livestock for sale refuses to accept the bids offered, ownership must be established, or a cash bond posted with the selling agent in an amount equal to the approximate value of the livestock and payable to the brand committee, before such livestock may be removed from the premises. When ownership has been established the cash bond shall be returned to the person who or which posted it.

The shipper or seller of the livestock is required to establish ownership of such livestock within sixty days after its sale. If such shipper or seller establishes ownership of such livestock, the Nebraska Brand Committee shall order the selling agent of such livestock to pay the proceeds of sale to the shipper or seller. If such shipper or seller fails to establish ownership within the sixty days, such livestock shall be considered an estray and the Nebraska Brand Committee shall order the selling agent to pay the proceeds of sale over to the brand committee. All funds that the brand committee receives from the sale of any estray shall be placed in a separate custodial fund known as the estray fund. The brand committee shall determine the ownership of estrays that originate within the brand inspection area. Such funds shall be disposed of in the manner provided in section 54-415.

Source:Laws 1999, LB 778, § 49.

Annotations

Shipper may be required to establish ownership. Coomes v. Drinkwalter, 181 Neb. 450, 149 N.W.2d 60 (1967).

54-1,119. Open market; designation; brand inspection requirements.

(1) Any livestock market, whether within or outside of the state, or any meat packing plant which maintains brand inspection under the supervision of the Nebraska Brand Committee and under such rules and regulations as are specified by the United States Department of Agriculture, may be designated by the brand committee as an open market.

(2) When cattle originating from within the brand inspection area are consigned for sale to any commission company at any open market designated as such by the Nebraska Brand Committee where brand inspection is maintained, no brand inspection is required at the point of origin but is required at the point of destination unless the point of origin is a registered feedlot. If cattle are consigned to a commission company at an open market, the carrier transporting the cattle shall not allow the owner, shipper, or party in charge to change the billing to any point other than the commission company at the open market designated on the original billing, unless the carrier secures from the brand committee a certificate of inspection on the cattle so consigned. Any cattle originating in a registered feedlot consigned to a commission company at any terminal market destined for direct slaughter may be shipped in accordance with rules and regulations governing registered feedlots.

(3) Until the cattle are inspected for brands on the premises by the Nebraska Brand Committee, no person shall sell or cause to be sold or offer for sale (a) any cattle at a livestock auction market located within the brand inspection area or at a farm or ranch sale located within the brand inspection area or (b) any cattle originating within the brand inspection area consigned to an open market.

Source:Laws 1999, LB 778, § 50; Laws 2000, LB 213, § 9; Laws 2017, LB600, § 12.

54-1,120. Registered feedlot; application; requirements; fees; inspections; records.

(1) Any person who operates a cattle feeding operation located within the brand inspection area may make application to the Nebraska Brand Committee for registration as a registered feedlot. The application form shall be prescribed by the brand committee and shall be made available by the executive director of the brand committee for this purpose upon written request. If the applicant is an individual, the application shall include the applicant's social security number. After the brand committee has received a properly completed application, an agent of the brand committee shall within thirty days make an investigation to determine if the following requirements are satisfied:

(a) The operator's feedlot must be permanently fenced; and

(b) The operator must commonly practice feeding cattle to finish for slaughter.

If the application is satisfactory, and upon payment of an initial registration fee by the applicant, the brand committee shall issue a registration number and registration certificate valid for one year unless rescinded for cause. If the registration is rescinded for cause, any registration fee shall be forfeited by the applicant. The initial fee for a registered feedlot shall be an amount for a registered feedlot having one thousand head or less capacity and an equal amount for each additional one thousand head capacity, or part thereof, of such registered feedlot. For each subsequent year, the renewal fee for a registered feedlot shall be an amount for the first one thousand head or portion thereof of average annual inventory of cattle on feed of the registered feedlot and an equal amount for each additional one thousand head or portion thereof of average annual inventory of cattle on feed of the registered feedlot. The brand committee shall set the fee per one thousand head capacity or average annual inventory so as to correspond with the inspection fee provided under section 54-1,108. The registration fee shall be paid on an annual basis.

(2) The brand committee may adopt and promulgate rules and regulations for the operation of registered feedlots to assure that brand laws are complied with, that registered feedlot shipping certificates are available, and that proper records are maintained. Violation of sections 54-1,120 to 54-1,122 subjects the operator to revocation or suspension of the feedlot registration issued. Sections 54-1,120 to 54-1,122 shall not be construed as prohibiting the operation of nonregistered feedlots.

(3) Registered feedlots are subject to inspection at any reasonable time at the discretion of the brand committee and its authorized agents, and the operator shall show cattle purchase records or certificates of inspection to cover all cattle in his or her feedlot. Cattle having originated from such registered feedlots may from time to time, at the discretion of the committee, be subject to a spot-check inspection and audit at destination to enable the brand committee to assure satisfactory compliance with the brand laws by the registered feedlot operator.

(4) The operator of a registered feedlot shall keep cattle inventory records. A form for such purpose shall be prescribed by the brand committee. The brand committee and its employees may from time to time make spot checks and audits of the registered feedlots and the records of cattle on feed in such feedlots.

(5) The brand committee may rescind the registration of any registered feedlot operator who fails to cooperate or violates the laws or rules and regulations of the brand committee covering registered feedlots.

Source:Laws 1999, LB 778, § 51; Laws 2014, LB768, § 8; Laws 2021, LB572, § 29.

54-1,121. Registered feedlot; cattle shipment; requirements.

Cattle sold or shipped from a registered feedlot, for purposes other than direct slaughter or sale on any terminal market, are subject to the brand inspection under sections 54-1,110 to 54-1,119, and the seller or shipper shall bear the cost of such inspection at the regular fee.

Any other cattle shipped from a registered feedlot are not subject to brand inspection at origin or destination, but the shipper must have a shipping certificate from the registered feedlot. The shipping certificate form shall be prescribed by the Nebraska Brand Committee and shall show the registered feedlot operator's name and registration number, date shipped, destination, agency receiving the cattle, number of head in the shipment, and sex of the cattle. The shipping certificate shall be completed in triplicate by the registered feedlot operator at the time of shipment. One copy thereof shall be delivered to the brand inspector at the market along with shipment, if applicable, one copy shall be sent to the brand committee by the tenth day of the following month, and one copy shall be retained by the registered feedlot operator. If a shipping certificate does not accompany a shipment of cattle from a registered feedlot to any destination where brand inspection is maintained by the brand committee, all such cattle shall be subject to a brand inspection and the inspection fees and surcharge provided under section 54-1,108 shall be charged for the service.

Source:Laws 1999, LB 778, § 52; Laws 2000, LB 213, § 10; Laws 2011, LB181, § 2.

54-1,122. Registered feedlot; cattle received; requirements.

Any cattle originating in a state that has a brand inspection agency and which are accompanied by a certificate of inspection or brand clearance issued by such agency may be moved directly from the point of origin into a registered feedlot. Any cattle not accompanied by such a certificate of inspection or brand clearance or by satisfactory evidence of ownership from states or portions of states not having brand inspection shall be subjected to physical inspection for brands by the Nebraska Brand Committee or, if applicable, subjected to electronic inspection, within a reasonable time after arrival at a registered feedlot, and the inspection fee and mileage charge, if applicable, provided under section 54-1,108 shall be collected by the brand inspector at the time the inspection is performed.

Source:Laws 1999, LB 778, § 53; Laws 2011, LB181, § 3; Laws 2021, LB572, § 30.

54-1,122.01. Repealed. Laws 2017, LB600, § 14.

54-1,122.02. Repealed. Laws 2017, LB600, § 14.

54-1,123. Prohibited sale; violation; penalty.

No person, other than the owner of the livestock, shall sell or offer for sale or trade or otherwise dispose of any livestock unless the person so offering has the bill of sale, a power of attorney from the owner of such livestock authorizing such sale, or other satisfactory evidence of ownership. A violation of this section is a Class III felony.

Source:Laws 1999, LB 778, § 54.

Annotations

Bill of sale of cattle must state the statutory details required. Coomes v. Drinkwalter, 181 Neb. 450, 149 N.W.2d 60 (1967).

Trade of livestock is not limited by this section. Bendfeldt v. Lewis, 149 Neb. 107, 30 N.W.2d 293 (1948).

54-1,124. Prohibited brand; violation; penalty.

If any person willfully and knowingly brands, marks, or causes to be branded or marked, livestock owned by another with the intent to deprive such owner of the livestock or willfully and knowingly effaces, defaces, or obliterates any mark upon any livestock owned by another with the intent to deprive such owner of the livestock, such person is guilty of a Class III felony.

Source:Laws 1999, LB 778, § 55.

Annotations

Failure to instruct upon effect of this section was prejudicial error. Coomes v. Drinkwalter, 181 Neb. 450, 149 N.W.2d 60 (1967).

54-1,124.01. Acts prohibited; penalty.

A person commits a Class III felony if:

(1) Such person willfully and knowingly performs or causes to be performed any act to:

(a) Apply, remove, damage, or alter an approved nonvisual identifier; or

(b) Expunge, alter, render inaccessible, or otherwise corrupt information recorded or embedded on or in an approved nonvisual identifier; and

(2) Such conduct is done with the intent to deprive an owner of livestock or falsely assert ownership of livestock.

Source:Laws 2021, LB572, § 31.

54-1,125. False documents; violation; penalty.

(1) Any person who offers as evidence of ownership for any livestock sold, traded, or otherwise disposed of as provided in the Livestock Brand Act or section 54-415, any forged, altered, or otherwise falsely prepared document or form, knowing the same to be forged, altered, or otherwise falsely prepared, is guilty of the Class IV felony of criminal possession of a forged instrument as defined in section 28-604.

(2) Any person who forges, alters, or otherwise changes in any manner any of the forms or documents which are satisfactory evidence of ownership or any other form or document required by or provided for in the Livestock Brand Act or section 54-415, is guilty of second degree forgery as defined in section 28-603, and shall be punished in accordance with such section.

(3) Any person who knowingly misrepresents or misuses any certificate of inspection or other satisfactory evidence of ownership is guilty of a Class II misdemeanor.

Source:Laws 1999, LB 778, § 56.

54-1,126. General penalty.

Any person who violates any provision of the Livestock Brand Act is guilty of a Class II misdemeanor unless another penalty is specifically provided for such violation.

Source:Laws 1999, LB 778, § 57.

54-1,127. Violations; arresting peace officer; powers.

Whenever any person is arrested for a violation of the Livestock Brand Act or section 54-415 punishable as a misdemeanor, the arresting peace officer shall, except as otherwise provided in this section, take the name and address of such person and the license number of his or her motor vehicle. The peace officer shall issue a summons or otherwise notify him or her in writing to appear at a time and place to be specified in such summons or notice. Such time shall be at least five days after such arrest, unless the person arrested demands an earlier hearing. Such person, if he or she so desires, has a right to an immediate hearing or a hearing within twenty-four hours at a convenient hour, such hearing to be before a magistrate within the county where such offense was committed. The peace officer shall thereupon, and upon the giving by such person of his or her written promise to appear at such time and place, forthwith release him or her from custody. Any person refusing to give such written promise to appear shall be taken immediately by the arresting peace officer before the nearest or most accessible magistrate.

Source:Laws 1999, LB 778, § 58.

54-1,128. Brand with brand recorded or registered in another state; application for out-of-state brand permit; contents; fee; violation; penalty.

(1) An owner may brand cattle with a brand recorded or registered in another state when:

(a) Cattle are purchased at a livestock auction market licensed under the Livestock Auction Market Act or congregated at another location approved by the Nebraska Brand Committee;

(b) The cattle will be imminently exported from Nebraska;

(d) An out-of-state brand permit has been obtained prior to branding the cattle.

(2) An application for an out-of-state brand permit shall be made to a brand inspector and shall include a description of the brand, a written application, and a fee not to exceed fifty dollars as determined by the Nebraska Brand Committee. A brand inspector shall evaluate and may approve an out-of-state brand permit within a reasonable period of time.

(3) Cattle branded under an out-of-state brand permit shall remain subject to all other brand inspection requirements under the Livestock Brand Act.

Source:Laws 2013, LB435, § 4; Laws 2021, LB572, § 32.

Cross References

Livestock Auction Market Act, see section 54-1156.

54-1,129. Livestock auction market or packing plant; brand inspection; election to provide.

The owner or operator of any livestock auction market, as defined in section 54-1158, or packing plant located in any county outside the brand inspection area may voluntarily elect to provide brand inspection for all cattle brought to such livestock auction market or packing plant from within the brand inspection area upon compliance with sections 54-1,129 to 54-1,131.

Source:Laws 1963, c. 319, § 28, p. 972; Laws 1987, LB 450, § 9; Laws 1999, LB 778, § 76; R.S.1943, (2010), § 54-1183; Laws 2014, LB884, § 2.

54-1,130. Livestock auction market or packing plant; election; how made.

The election provided for by section 54-1,129 shall be made by (1) filing with the Secretary of State, in form to be prescribed by the secretary, a written notice of such election and agreement to be bound by section 54-1,131 and (2) posting conspicuously on the premises a notice of the fact that brand inspection is provided at such livestock auction market or packing plant.

Source:Laws 1963, c. 319, § 29, p. 973; Laws 1987, LB 450, § 10; R.S.1943, (2010), § 54-1184; Laws 2014, LB884, § 3.

54-1,131. Livestock auction market or packing plant; brand inspection; how conducted; fees; guarantee.

Inspection provided for in sections 54-1,129 to 54-1,131 shall be conducted in the manner established by the Livestock Brand Act. The owner or operator making such election may be required to guarantee to the Nebraska Brand Committee that inspection fees derived from such livestock auction market or packing plant will be sufficient, in each twelve-month period, to pay the per diem and mileage of the inspectors required and that he or she will reimburse the committee for any deficit incurred in any such twelve-month period. Such guarantee shall be secured by a corporate surety bond, to be approved by the Secretary of State, in a penal sum to be established by the Nebraska Brand Committee.

Source:Laws 1963, c. 319, § 30, p. 973; Laws 1987, LB 450, § 11; Laws 1999, LB 778, § 77; Laws 2000, LB 213, § 11; R.S.1943, (2010), § 54-1185; Laws 2014, LB884, § 4.

54-201. Agister's lien; domestic and foreign; perfection; financing statement; filing; enforcement; fee.

(1) When any person, firm, corporation, partnership, or limited liability company not provided for in subsection (2) of this section procures, contracts with, or hires any other person, firm, corporation, partnership, or limited liability company to feed and take care of any kind of livestock, the person, firm, corporation, partnership, or limited liability company so procured, contracted with, or hired shall have a first, paramount, and prior lien upon such livestock for the feed and care furnished for the contract price agreed upon or, in case no price has been agreed upon, for the reasonable value of such feed and care, as long as the holders of any prior liens shall have agreed in writing to the contract for the feed and care of the livestock involved. A lien created under this subsection shall be treated in all respects as an agricultural lien as provided in article 9, Uniform Commercial Code, and may be enforced in the manner and form provided for the enforcement of secured transactions as provided in article 9, Uniform Commercial Code. A lien created under this subsection shall be perfected as provided in article 9, Uniform Commercial Code. Any financing statement filed to perfect such lien shall be filed prior to removal of such livestock from the premises of the person, firm, corporation, partnership, or limited liability company entitled to a lien and shall contain or have attached thereto (a) the name and address and the social security number or federal tax identification number of the person, firm, corporation, partnership, or limited liability company claiming the lien, (b) the name and address and the social security number or federal tax identification number, if known, of the person, firm, corporation, partnership, or limited liability company for whom the feeding and care were furnished, (c) a description of the livestock fed and furnished care, and (d) the amount justly due for the feeding and care. The failure to include the social security number or federal tax identification number shall not render any filing unperfected. At the time the lien is filed, the lienholder shall send a copy to the person, firm, corporation, partnership, or limited liability company for whom the feeding and care were furnished. The fee for filing, amending, or releasing such lien shall be the same as set forth in section 9-525, Uniform Commercial Code.

(2) When any person, firm, corporation, partnership, or limited liability company whose residence or principal place of business is located outside the State of Nebraska procures, contracts with, or hires any other person, firm, corporation, partnership, or limited liability company within the State of Nebraska to feed and take care of any kind of livestock, the person, firm, corporation, partnership, or limited liability company so procured, contracted with, or hired shall have a first, paramount, and prior lien upon such livestock for the feed and care furnished for the contract price agreed upon or, in case no price has been agreed upon, for the reasonable value of such feed and care. A lien created under this subsection shall be treated in all respects as an agricultural lien as provided in article 9, Uniform Commercial Code, and may be enforced in the manner and form provided for the enforcement of secured transactions as provided in article 9, Uniform Commercial Code. A lien created under this subsection shall be perfected as provided in article 9, Uniform Commercial Code. Any financing statement filed to perfect such lien shall be filed prior to removal of such livestock from the premises of the person, firm, corporation, partnership, or limited liability company entitled to a lien and shall contain or have attached thereto (a) the name and address and the social security number or federal tax identification number of the person, firm, corporation, partnership, or limited liability company claiming the lien, (b) the name and address and the social security number or federal tax identification number, if known, of the person, firm, corporation, partnership, or limited liability company for whom the feeding and care were furnished, (c) a description of the livestock fed and furnished care, and (d) the amount justly due for the feeding and care. The failure to include the social security number or federal tax identification number shall not render any filing unperfected. At the time the lien is filed, the lienholder shall send a copy to the person, firm, corporation, partnership, or limited liability company for whom the feeding and care were furnished. The fee for filing, amending, or releasing such lien shall be the same as set forth in section 9-525, Uniform Commercial Code.

(3) Effective January 1, 2015, this section applies to a lien created under this section regardless of when the lien was created.

Source:Terr. Laws 1867, § 1, p. 12; Laws 1889, c. 31, § 1, p. 378; R.S.1913, § 89; C.S.1922, § 97; C.S.1929, § 54-201; Laws 1935, c. 118, § 1, p. 433; C.S.Supp.,1941, § 54-201; R.S.1943, § 54-201; Laws 1982, LB 962, § 2; Laws 1984, LB 808, § 7; Laws 1988, LB 943, § 18; Laws 1993, LB 121, § 335; Laws 1998, LB 1321, § 96; Laws 1999, LB 550, § 36; Laws 2001, LB 54, § 25; Laws 2014, LB750, § 16.

Annotations

1. Nature of lien

2. Priority of lien

3. Miscellaneous

1. Nature of lien

This section provides the agister with a lien upon the stock for the agister's keeping, and the owner cannot lawfully obtain possession of the stock until the owner has paid or tendered to the agister the amount due for the feed and care. Graff v. Burnett, 226 Neb. 710, 414 N.W.2d 271 (1987).

Priority, as used in this section and UCC section 9-310, means first in time. Washington County Bank v. Red Socks Stables, 221 Neb. 300, 376 N.W.2d 782 (1985).

Subsection (1) of this section gives Nebraska agisters a first lien for services rendered to a Nebraska livestock owner if the holders of any prior liens on that livestock agree in writing to the contract for the care and feeding of that livestock. Washington County Bank v. Red Socks Stables, 221 Neb. 300, 376 N.W.2d 782 (1985).

Subsection (2) of this section gives Nebraska agisters a lien prior to any other liens without a written agreement to the contract for care and feeding of the livestock, if the party contracting for the agister's services is a nonresident of Nebraska. Washington County Bank v. Red Socks Stables, 221 Neb. 300, 376 N.W.2d 782 (1985).

This section creates a statutory agister's lien within the meaning of UCC section 9-310. Washington County Bank v. Red Socks Stables, 221 Neb. 300, 376 N.W.2d 782 (1985).

Caretaker has lien for care of livestock. Stickell v. Hagerty, 158 Neb. 34, 62 N.W.2d 107 (1954).

One who receives animals under an agreement to share in increase has an agister's lien. Schrandt v. Young, 62 Neb. 254, 86 N.W. 1085 (1901).

Lien arises only by contract. Hale v. Wigton, 20 Neb. 83, 29 N.W. 177 (1886).

2. Priority of lien

Agister's lien under feeding contract is superior to subsequent chattel mortgage. Hoerler v. Prey, 125 Neb. 822, 252 N.W. 327 (1934).

Lien is superior to mortgage executed after it has attached and while property is in possession of agister. Becker v. Brown, 65 Neb. 264, 91 N.W. 178 (1902).

Under this section, a prior recorded chattel mortgage is superior to claim of agister for keeping animals. State Bank of Nebraska v. Lowe, 22 Neb. 68, 33 N.W. 482 (1887).

Lien of liveryman failing to maintain possession of horses is inferior to mortgage executed after possession is relinquished. Marseilles Mfg. Co. v. Morgan, 12 Neb. 66, 10 N.W. 462 (1881).

3. Miscellaneous

Once it is determined a person is protected by the statutory lien granted an agister, the statute will be liberally construed so its object will be effectuated. Mousel v. Daringer, 190 Neb. 77, 206 N.W.2d 579 (1973).

It is not necessary for agister to follow statute in foreclosure if consent of bailor is had, and under circumstances not tending to injure third parties. Dale v. Council Bluffs Savings Bank, 65 Neb. 692, 91 N.W. 526 (1902); reversed on rehearing, 65 Neb. 694, 94 N.W. 983 (1903).

The taking by the owner of livestock from the possession of agister without his consent does not divest his lien, and subsequent purchaser is charged with notice of the lien. Weber Bros. v. Whetstone, 53 Neb. 371, 73 N.W. 695 (1898).

One who cares for livestock under contract with owner has agister's lien, and owner cannot obtain possession by legal process until he has paid or tendered the full amount due. Kroll v. Ernst, 34 Neb. 482, 51 N.W. 1032 (1892).

Person furnishing feed and care to livestock can hold stock against owner who contracted for care until amount due is paid, but cannot hold where contract was not made with owner. Gates v. Parrott, 31 Neb. 581, 48 N.W. 387 (1891).

54-201.01. Legislative intent.

The Legislature hereby recognizes and declares that the livestock industry is an integral component in the economy of this state and that the continued viability of such industry is essential to the prosperity and well-being of all citizens of this state. The Legislature further recognizes that the livestock industry of this state provides food for the state, the nation, and the world, and that the benefits of a financially sound industry are far reaching. It is hereby declared to be the purpose of sections 54-201 and 54-201.01 to afford protection to those persons involved in the care and feeding of livestock in this state by providing some security of compensation for services rendered.

Source:Laws 1982, LB 962, § 1.

54-202. Transferred to section 52-1501.

54-203. Transferred to section 52-1502.

54-204. Transferred to section 52-1503.

54-205. Transferred to section 52-1504.

54-206. Transferred to section 52-1505.

54-207. Transferred to section 52-1506.

54-208. Lien for feed, feed ingredients, and related costs; perfection; financing statement; filing; enforcement; fee.

When any person, firm, partnership, limited liability company, or corporation contracts or agrees with another person, firm, partnership, limited liability company, or corporation to deliver any feed or feed ingredients for any kind of livestock, the person, firm, partnership, limited liability company, or corporation so contracted or agreed with shall have a lien upon such livestock for the feed or feed ingredients and related costs incurred in the delivery of such feed or feed ingredients for the agreed-upon contract price or, in case no price has been agreed upon, for the reasonable value of such feed or feed ingredients and related delivery costs, which shall be a first, paramount, and prior lien if the holders of any prior liens have agreed in writing to the contract for the feed or feed ingredients and related delivery costs. The lien may only be enforced against the person, firm, partnership, limited liability company, or corporation who has contracted or agreed for such feed or feed ingredients and related costs incurred in the delivery of such feed or feed ingredients.

A lien created under this section shall be perfected as provided in article 9, Uniform Commercial Code. Any financing statement filed to perfect such lien shall contain or have attached thereto:

(1) The name and address and the social security number or federal tax identification number of the person, firm, partnership, limited liability company, or corporation claiming the lien;

(2) The name and address and the social security number or federal tax identification number, if known, of the person, firm, partnership, limited liability company, or corporation for whom such feed or feed ingredients were delivered;

(3) The amount due for such feed or feed ingredients and related delivery costs covered by the lien;

(4) The place where such livestock are located;

(5) A reasonable description of such livestock including the number and type of such livestock; and

(6) The last date on which such feed or feed ingredients were delivered.

The failure to include the social security number or federal tax identification number shall not render any filing unperfected. At the time the lien is filed, the lienholder shall send a copy to the person, firm, partnership, limited liability company, or corporation for whom the feed or feed ingredients were delivered.

Such lien shall attach and have priority as of the date of the filing if filed in the manner provided in this section. Such lien shall be treated in all respects as an agricultural lien as provided in article 9, Uniform Commercial Code, and may be enforced in the manner and form provided for the enforcement of secured transactions as provided in article 9, Uniform Commercial Code.

The fee for filing, amending, or releasing such lien shall be the same as set forth in section 9-525, Uniform Commercial Code.

Effective January 1, 2015, this section applies to a lien created under this section regardless of when the lien was created.

Nothing in this section shall be construed to amend or repeal section 54-201 relating to agisters' liens.

Source:Laws 1984, LB 1064, § 1; Laws 1988, LB 943, § 19; Laws 1993, LB 121, § 336; Laws 1998, LB 1321, § 97; Laws 1999, LB 550, § 37; Laws 2001, LB 54, § 26; Laws 2014, LB750, § 17.

54-209. Lien satisfied; financing statement; termination.

When a lien created under section 54-201 or 54-208 is satisfied, any financing statement filed to perfect that lien shall be terminated in the manner and form provided in article 9, Uniform Commercial Code.

Source:Laws 1985, LB 606, § 16; Laws 1988, LB 943, § 20; Laws 1999, LB 550, § 38; Laws 2001, LB 54, § 27; Laws 2014, LB750, § 18.

54-301. Herd laws; stock grower, cattle drover, defined.

Every person who shall keep neat cattle, horses, mules, sheep, or goats, for their growth or increase within the state, shall be deemed a stock grower. Any person who shall drive or bring neat cattle into or through this state shall be deemed a cattle drover.

Source:Laws 1879, § 1, p. 67; R.S.1913, § 96; C.S.1922, § 104; C.S.1929, § 54-301; R.S.1943, § 54-301.

54-302. Driving off another's livestock; penalty.

Any cattle drover, or his employee, who shall drive off any neat cattle, horses, mules, or sheep belonging to another person, intentionally or through neglect, shall be guilty of a Class V misdemeanor.

Source:Laws 1879, § 2, p. 67; R.S.1913, § 97; C.S.1922, § 105; C.S.1929, § 54-302; R.S.1943, § 54-302; Laws 1977, LB 39, § 17.

54-303. Herd laws; actions; proof of ownership.

In any indictment or complaint under sections 54-301 to 54-310, the description of any kind or class of neat cattle shall be deemed sufficient if described as cattle; and the proof of brand shall be deemed to be prima facie evidence of ownership of such stock.

Source:Laws 1879, § 3, p. 68; R.S.1913, § 98; C.S.1922, § 106; C.S.1929, § 54-303; R.S.1943, § 54-303.

54-304. Male animal running at large; liability of owner.

The owner of any stallion, jack, bull, buck, or boar shall restrain the same, and any person may take possession of any such animal running at large in the county in which such person resides, or in which he or she occupies or uses real estate. He or she shall give notice thereof to the sheriff or any constable in the county in which such animal is taken, who shall give notice to the owner of such animal, if known to him or her, by delivering a written notice to the owner, or leaving the same at his or her usual place of abode, giving a description of the animal so taken. If such owner does not appear within ten days after such notice to claim his or her property and pay costs and damages if any, then the sheriff or constable shall sell the animal so taken, at public auction to the highest bidder for cash, having given twenty days' notice of the time and place of sale, with a description of the property, by posting such notice in three public places in the township or precinct in which such animal was found at large. Out of the proceeds of such sale he or she shall pay all costs and any damages done by such animal, to be ascertained and determined by him or her, and the sheriff or constable shall pay the remainder, if any, into the county treasury for the use of the county. If legal proof is made to the county board by the owner of such animal of a right thereto at any time within one year of the sale, the county board shall order the proper amount to be paid to the owner by its warrant drawn for that purpose. If the owner, or any person for him or her, on or before the day of sale shall pay the costs thus far made and all damages, to be determined by the sheriff or constable if the parties cannot agree, and make satisfactory proof of ownership, the sheriff or constable shall release the animal to him or her. This remedy shall not be construed as a bar to any suit for damages sustained and not covered by the proceeds of the sale as hereinbefore provided.

Source:Laws 1879, § 4, p. 68; Laws 1901, c. 3, § 1, p. 45; R.S.1913, § 99; C.S.1922, § 107; C.S.1929, § 54-304; R.S.1943, § 54-304; Laws 1996, LB 299, § 25.

Annotations

The herd laws pertain to damage to property and do not alter the common law liability for personal injuries caused by trespassing bulls. Foland v. Malander, 222 Neb. 1, 381 N.W.2d 914 (1986).

The duty imposed by this statute, unlike that of section 54-401, RRS1943, is not restricted to cultivated lands. Fuchser v. Jacobson, 205 Neb. 786, 290 N.W.2d 449 (1980).

54-305. Cattle drover; duty to prevent trespassing animals.

Any person owning or having charge of any drove of cattle, horses or sheep, numbering one head or more, who shall drive the same into or through any county of Nebraska of which the owner is not a resident, or landowner, or stock grower, and when the land in said county is occupied, it shall be the duty of such owner or person in charge of such horses, cattle or sheep to prevent the same from mixing with the cattle, horses or sheep belonging to the occupiers. The owner shall also prevent the drove from trespassing on such land as may be the property of the actual occupier, or may be held by him under a preemption, or a leasehold right, and used by him for the grazing of animals, growing hay or timber, or other agricultural purposes, or doing injury to the ditches made for irrigation of crops.

Source:Laws 1879, § 5, p. 68; R.S.1913, § 100; C.S.1922, § 108; C.S.1929, § 54-305; R.S.1943, § 54-305.

Annotations

The herd laws pertain to damage to property and do not alter the common law liability for personal injuries caused by trespassing bulls. Foland v. Malander, 222 Neb. 1, 381 N.W.2d 914 (1986).

54-306. Cattle drover; trespassing; penalty; liability for damages.

If any owner or person in charge of any drove of cattle, horses or sheep shall willfully, carelessly or negligently injure any resident within the state by driving such drove from the public highways and herding the same on the lands occupied and improved by persons in possession of the same, he shall be deemed guilty of a Class V misdemeanor, and shall be liable for such damages as may be done to the property.

Source:Laws 1879, § 5, p. 69; R.S.1913, § 100; C.S.1922, § 108; C.S.1929, § 54-305; R.S.1943, § 54-306; Laws 1977, LB 39, § 18.

54-307. Cattle drover; driving off another's livestock; liability.

When the stock of any person shall be driven off its range within Nebraska against his will by the drovers of any drove, and the same shall be found in such drove, every person engaged as drover of such drove shall be liable for damages to the party injured to the amount of the full value of the animal for each head so driven off, together with all costs accruing in the trial of the cause, and the herd of stock shall be liable for the same, or a sufficient number to cover all damages and costs.

Source:Laws 1879, § 6, p. 69; R.S.1913, § 101; C.S.1922, § 109; C.S.1929, § 54-306; R.S.1943, § 54-307.

54-308. Cattle drover; mixing of cattle; duty to separate; penalty.

When the stock of any resident of the State of Nebraska shall mix with any drove of any animals, it shall be the duty of the drover or drovers, or person in charge of such drove, to cut out and separate such stock from such droves immediately. Every person, either owner or drover, or otherwise connected with such drove, who shall neglect to comply with the provisions of this section, shall be fined in any sum not exceeding one thousand dollars.

Source:Laws 1879, § 7, p. 69; R.S.1913, § 102; C.S.1922, § 110; C.S.1929, § 54-307; R.S.1943, § 54-308.

54-309. Cattle or sheep; hides; removal by other than owner; prohibited; exception.

It shall be unlawful for any person other than the owner or his agent or employee, to skin or remove from the carcass the skin, hide or pelt of any neat cattle or sheep found dead, except when such stock is killed by railroad trains, when the employees of such railroads may remove the hides from stock so killed.

Source:Laws 1879, § 8, p. 70; R.S.1913, § 103; C.S.1922, § 111; C.S.1929, § 54-308; R.S.1943, § 54-309.

54-310. Herd laws; violations; rewards; authorized.

The county boards of the several counties may offer and pay rewards for the detection of those violating sections 54-301 to 54-309.

Source:Laws 1879, § 9, p. 70; R.S.1913, § 104; C.S.1922, § 112; C.S.1929, § 54-309; R.S.1943, § 54-310.

54-311. Wells and pitfalls; prohibited acts.

It shall be unlawful for the owner or holder of any real estate in the State of Nebraska to leave uncovered any well or other pitfall into which any person or animal may fall or receive injury. Every pitfall shall be filled, adequately covered, or enclosed so as not to constitute a safety hazard. Every well not in use shall be decommissioned or properly placed in inactive status in accordance with the Water Well Standards and Contractors' Practice Act so as not to constitute a safety hazard.

Source:Laws 1897, c. 6, § 1, p. 46; R.S.1913, § 105; C.S.1922, § 113; C.S.1929, § 54-310; R.S.1943, § 54-311; Laws 2003, LB 245, § 9; Laws 2007, LB463, § 1173.

Cross References

Abandoned water wells:

Duty of licensed water well contractor to plug, see section 46-1234.

Duty of owner to decommission and notify Department of Natural Resources, see section 46-602.

Penalty for failure to decommission, see section 46-1240.

Standards for decommissioning, see section 46-1227.

Water Well Standards and Contractors' Practice Act, see section 46-1201.

54-312. Repealed. Laws 2003, LB 245, § 19.

54-313. Repealed. Laws 2003, LB 245, § 19.

54-314. Repealed. Laws 2003, LB 245, § 19.

54-315. Wells and pitfalls; violation; penalty.

Any person who violates section 54-311 shall be guilty of a Class IV misdemeanor.

Source:Laws 1897, c. 6, § 4, p. 47; R.S.1913, § 108; C.S.1922, § 116; C.S.1929, § 54-313; R.S.1943, § 54-315; Laws 2003, LB 245, § 10.

54-401. Estrays, trespassing animals; damages; liability.

The owners of cattle, horses, mules, swine, sheep, and goats in this state are liable for all damages done by such stock upon the lands of another in this state as provided by section 54-402 if the damages to the lands are not the result of negligent or willful damage to the division fence by the person claiming damages to the land.

Source:Laws 1871, § 1, p. 120; R.S.1913, § 109; C.S.1922, § 117; C.S.1929, § 54-401; R.S.1943, § 54-401; Laws 1983, LB 149, § 1; Laws 1996, LB 1174, § 5; Laws 2008, LB925, § 1.

Annotations

1. Persons liable

2. Lien

3. Remedies

4. Miscellaneous

1. Persons liable

Joint owners of herd are liable jointly. Wilson v. White, 77 Neb. 351, 109 N.W. 367 (1906).

Mortgagee, without possession, is not owner within meaning of statute. Goff v. Byers Bros. & Co., 70 Neb. 1, 96 N.W. 1037 (1903).

The term owners is construed to include depasturer. Laflin v. Svoboda, 37 Neb. 368, 55 N.W. 1049 (1893).

2. Lien

Owner of land damaged by trespassing stock has lien thereon for damages done and for care and feed while impounded. Angus Cattle Co. v. McLeod, 98 Neb. 108, 152 N.W. 322 (1915).

3. Remedies

Negligence of plaintiff in maintenance of division fence immaterial in action for damages by livestock upon cultivated lands. Fiene v. Robertson, 184 Neb. 668, 171 N.W.2d 179 (1969).

Action for damages by stock ranging at large upon uncultivated land will not lie, but driving of animals thereon is actionable wrong. Meyers v. Menter, 63 Neb. 427, 88 N.W. 662 (1902).

Remedy herein is not exclusive, and common-law liability is not abrogated. Lorance v. Hillyer, 57 Neb. 266, 77 N.W. 755 (1898).

Injunction will lie to restrain threatened trespass of stock. State Bank of Nebraska of Seward v. Rohren, 55 Neb. 223, 75 N.W. 543 (1898).

Where owner drives his stock upon unenclosed and uncultivated lands of another he is liable for trespass. Delaney v. Errickson, 11 Neb. 533, 10 N.W. 451 (1881).

4. Miscellaneous

The herd laws pertain to damage to property and do not alter the common law liability for personal injuries caused by trespassing bulls. Foland v. Malander, 222 Neb. 1, 381 N.W.2d 914 (1986).

A fenced pasture planted to wheat grass and not surrounded by a plowed strip constitutes "cultivated lands" for purposes of this statute. Fuchser v. Jacobson, 205 Neb. 786, 290 N.W.2d 449 (1980).

Section is not applicable to uncultivated, unenclosed wild prairie lands of state. Delaney v. Errickson, 10 Neb. 492, 6 N.W. 600 (1880).

54-402. Trespassing animals; damages; lien.

All damages to property so committed by such stock running at large shall be paid by the owners of such stock; and the person, whose property is so damaged thereby, may have a lien upon such trespassing animals for the full amount of damages and costs, and may enforce the collection of the same by the proper civil action.

Source:Laws 1871, § 2, p. 120; R.S.1913, § 110; C.S.1922, § 118; C.S.1929, § 54-402; R.S.1943, § 54-402.

Annotations

The herd laws pertain to damage to property and do not alter the common law liability for personal injuries caused by trespassing bulls. Foland v. Malander, 222 Neb. 1, 381 N.W.2d 914 (1986).

Burden of restraining domestic animals is upon owner and ordinarily no excuse for failure to restrain them is recognized. Fiene v. Robertson, 184 Neb. 668, 171 N.W.2d 179 (1969).

Lien includes value of feed and care, together with damages to land. Angus Cattle Co. v. McLeod, 98 Neb. 108, 152 N.W. 322 (1915).

Remedy afforded not exclusive. Object of statute was to give one injured right to possession of trespassing animals, lien thereon, and right to hold animals until damages were adjusted. Lorance v. Hillyer, 57 Neb. 266, 77 N.W. 755 (1898).

Lien attaches to stock trespassing on cultivated lands within cities of metropolitan class. Lingonner v. Ambler, 44 Neb. 316, 62 N.W. 486 (1895).

Damages may be recovered by owner of unenclosed land, but he has no lien on stock. Brown v. Sylvester, 37 Neb. 870, 56 N.W. 709 (1893).

Waiving of lien by surrender of possession of cattle does not prevent person injured from maintaining action for damages. Laflin v. Svoboda, 37 Neb. 368, 55 N.W. 1049 (1893).

Remedy for trespass provided herein is cumulative and not exclusive. Keith & Barton v. Tilford, 12 Neb. 271, 11 N.W. 315 (1882).

54-403. Trespassing animals; distraint; notice.

When any such stock is found upon the lands of another, it is lawful for the owner or person in possession of such lands to impound such stock. If the owner of the stock can be found, and is known to the distrainor, it is the duty of the distrainor to notify the owner by leaving a written notice at his or her usual place of residence with some member of the family over the age of fourteen or, in the absence of such person, by posting on the door of such residence a copy of the notice of the distraint of the stock, describing it, and stating the amount of damages claimed and the name of the arbitrator. The notice shall also require the owner within forty-eight hours after receiving such notice to take the stock away, after making full payment of all damages and costs to the satisfaction of the distrainor of trespassing animals. The notice may be in the following form:

You are hereby notified that on this ............... day of .............. 20...., your stock, of which I now have in my possession ............... (here describe the animal or animals) did trespass upon my land, and damage it to the amount of ............... . You are required to pay the above charges within forty-eight hours from the delivery of this notice or the stock will be sold as provided by law. I have appointed ............... to act as arbitrator should you not feel satisfied with the amount of damages claimed in the within notice.

No claim for damages shall be maintained by the distrainor without the notice contemplated in this section having been given when the owner is known by the distrainor of such stock.

Source:Laws 1871, § 3, p. 120; R.S.1913, § 111; C.S.1922, § 119; C.S.1929, § 54-403; R.S.1943, § 54-403; Laws 1996, LB 1174, § 6; Laws 2004, LB 813, § 25.

Annotations

1. Constitutionality

2. Notice

3. Award

4. Miscellaneous

1. Constitutionality

The herd law provides a reasonable method of procedure in the nature of an action in rem against trespassing stock and is constitutional. Randall v. Gross, 67 Neb. 255, 93 N.W. 223 (1903).

2. Notice

Mortgagee is not bound unless notified. Goff v. Byers Bros. & Co., 70 Neb. 1, 96 N.W. 1037 (1903).

Lienholder must comply with statute, and reasonableness of notice is a question of fact. Sloan v. Bain, 47 Neb. 914, 66 N.W. 1013 (1896).

Owner has forty-eight hours after receipt of notice in which to pay damages and take stock away, and no greater damages than amount specified in notice can be claimed. Allen v. Van Ostrand, 19 Neb. 578, 27 N.W. 642 (1886).

Notice and substantial compliance with statute necessary for right to enforce lien. Bucher v. Wagoner, 13 Neb. 424, 14 N.W. 160 (1882).

Notice must be given within reasonable time as determined by circumstances. Haggard v. Wallen, 6 Neb. 271 (1877).

Notice and demand must conform to statute. McAllister v. Wrede, 5 Neb. Unof. 82, 97 N.W. 318 (1903).

3. Award

Arbitrators' award is not a bar to action for negligence. Richardson v. Halstead, 44 Neb. 606, 62 N.W. 1077 (1895).

4. Miscellaneous

Act is superior to city ordinances. Lingonner v. Ambler, 44 Neb. 316, 62 N.W. 486 (1895).

Taker-up must comply substantially with requirements of statute or he will acquire no lien. Hanscom v. Burmood, 35 Neb. 504, 53 N.W. 371 (1892).

If person taking up stock does not comply with statute by refusing to select arbitrator, he acquires no lien and loses right to possession. Deirks v. Wielage, 18 Neb. 176, 24 N.W. 728 (1885).

Owner may replevin upon tender of damages. Shroaf v. Allen, 12 Neb. 109, 10 N.W. 551 (1881).

Owner must tender full amount. McAllister v. Wrede, 5 Neb. Unof. 82, 97 N.W. 318 (1903).

54-404. Trespassing animals; distraint; damages; owner's failure to pay; sale.

If the owner of such stock shall refuse, within forty-eight hours after having been notified in writing, to pay the damages claimed or appoint an arbitrator to represent his interests, the animal or animals shall be sold upon execution as required by law, when the amount of damages and costs have been filed with the county court of the county within which the damages have been sustained.

Source:Laws 1871, § 4, p. 121; R.S.1913, § 112; C.S.1922, § 120; C.S.1929, § 54-404; R.S.1943, § 54-404; Laws 1972, LB 1032, § 259.

Cross References

Uniform Arbitration Act, applicability, see section 25-2602.01.

Annotations

Essentials of jurisdiction of justice of peace are stated. Randall v. Gross, 67 Neb. 255, 93 N.W. 223 (1903).

Issuance and service of summons are not necessary to give justice jurisdiction to issue execution, nor does void judgment destroy jurisdiction. Holmes v. Irwin, 17 Neb. 99, 22 N.W. 124 (1885), 22 N.W. 347 (1885).

Object of law is to afford speedy and inexpensive mode of ascertaining damages. Haggard v. Wallen, 6 Neb. 271 (1877).

54-405. Distraint; arbitrators; number; powers.

In case the parties interested cannot agree as to the amount of damages and costs sustained, each party may choose a man, and, in case the two men chosen cannot agree, they shall choose a third man, and, after being duly sworn for the purpose herein named, the three shall proceed to assess the damages, possessing for that purpose the general power of arbitrators.

Source:Laws 1871, § 5, p. 121; R.S.1913, § 113; C.S.1922, § 121; C.S.1929, § 54-405; R.S.1943, § 54-405.

Cross References

Uniform Arbitration Act, applicability, see section 25-2602.01.

Annotations

Provisions of this section are not compulsory upon either party. Randall v. Gross, 67 Neb. 255, 93 N.W. 223 (1903).

Arbitrators' award is not a bar to action for negligence of distrainor. Richardson v. Halstead, 44 Neb. 606, 62 N.W. 1077 (1895).

Purpose of law is that taker-up of stock shall have a lien for only such damages as could be ascertained by arbitrators to be immediately appointed. Deirks v. Wielage, 18 Neb. 176, 24 N.W. 728 (1885).

54-406. Distraint; arbitration award; enforcement; appeal.

The arbitrators shall make an award in writing, which, if not paid within five days after the award has been made, may be filed with the county court and shall operate as a judgment, which judgment shall be a lien upon the stock so distrained, and execution may issue upon such stock for the collection of such damages and costs as in other cases; Provided, either party may have an appeal from the judgment as in other cases in county court. The arbitrators shall be allowed two dollars each for their services.

Source:Laws 1871, § 6, p. 121; R.S.1913, § 114; C.S.1922, § 122; C.S.1929, § 54-406; R.S.1943, § 54-406; Laws 1972, LB 1032, § 260.

Cross References

Uniform Arbitration Act, applicability, see section 25-2602.01.

Annotations

Owner of stock, after tendering the proper amount of damages sustained, may replevin the stock. Randall v. Gross, 67 Neb. 255, 93 N.W. 223 (1903).

Authority of arbitrators is merely to appraise damages and costs sustained by landowner. Richardson v. Halstead, 44 Neb. 606, 62 N.W. 1077 (1895).

Judgment on award may be appealed from. Sections of civil code relating to arbitration are not applicable. Holub v. Mitchell, 42 Neb. 389, 60 N.W. 596 (1894).

54-407. Estrays; owner unknown; procedure.

In case the owner of such stock is not known or found in the county, the distrainor of the stock so trespassing upon lands shall proceed as provided by law regulating estrays and the stock shall be held liable for all damages and costs.

Source:Laws 1871, § 7, p. 121; R.S.1913, § 115; C.S.1922, § 123; C.S.1929, § 54-407; R.S.1943, § 54-407; Laws 1996, LB 1174, § 7.

54-408. Repealed. Laws 1996, LB 1174, § 9.

54-409. Repealed. Laws 1965, c. 333, § 2.

54-410. Repealed. Laws 1965, c. 333, § 2.

54-411. Repealed. Laws 1965, c. 333, § 2.

54-412. Repealed. Laws 1965, c. 333, § 2.

54-413. Repealed. Laws 1965, c. 333, § 2.

54-414. Repealed. Laws 1965, c. 333, § 2.

54-415. Estrays; report; sale; procedure; disposition of proceeds; violations; penalty.

Any person taking up an estray within the brand inspection area or brand inspection service area shall report the same within seven days thereafter to the Nebraska Brand Committee. Any person taking up an estray in any other area of the state shall report the same to the county sheriff of the county where the estray was taken. If the animal is determined to be an estray by a representative of the Nebraska Brand Committee or the county sheriff, as the case may be, such animal shall, as promptly as may be practicable, be sold through the most convenient livestock auction market. The proceeds of such sale, after deducting the selling expenses, shall be paid over to the Nebraska Brand Committee to be placed in the estray fund identified in section 54-1,118, if such estray was taken up within the brand inspection area or brand inspection service area, and otherwise to the treasurer of the county in which such estray was taken up. During the time such proceeds are impounded, any person taking up such estray may file claim with the Nebraska Brand Committee or the county treasurer, as the case may be, for the expense of feeding and keeping such estray while in his or her possession. When such claim is filed it shall be the duty of the Nebraska Brand Committee or the county board, as the case may be, to decide on the validity of the claim so filed and allow the claim for such amount as may be deemed equitable. When the estray is taken up within the brand inspection area or brand inspection service area, such proceeds shall be impounded for one year, unless ownership is determined sooner by the Nebraska Brand Committee, and if ownership is not determined within such one-year period, the proceeds shall be paid into the permanent school fund, less the actual expenses incurred in the investigation and processing of the estray fund. Any amount deducted as actual expenses incurred shall be deposited in the Nebraska Brand Inspection and Theft Prevention Fund. When the estray is taken up outside the brand inspection area or brand inspection service area and ownership cannot be determined by the county board, the county board shall then order payment of the balance of the sale proceeds less expenses, to the permanent school fund. If the brand committee or the county board determines ownership of an estray sold in accordance with this section by means of evidence of ownership other than the owner's recorded Nebraska brand, an amount not to exceed the actual investigative costs or expenses may be deducted from the proceeds of the sale. Any person who violates this section is guilty of a Class II misdemeanor. The definitions found in sections 54-171.01 to 54-190 apply to this section.

Source:R.S.1866, p. 154; R.S.1913, § 123; C.S.1922, § 131; C.S.1929, § 54-415; R.S.1943, § 54-415; Laws 1965, c. 333, § 1, p. 953; Laws 1967, c. 344, § 1, p. 920; Laws 1977, LB 39, § 19; Laws 1979, LB 564, § 19; Laws 1980, LB 797, § 23; Laws 1983, LB 536, § 5; Laws 1999, LB 778, § 61; Laws 2014, LB768, § 10; Laws 2021, LB572, § 33.

54-416. Feral swine; applicability of sections; destruction; when.

The duties and liabilities imposed by sections 54-401 to 54-415 do not apply in the case of estray or trespass of feral swine as defined in section 37-524.01. Feral swine may be destroyed as provided in section 37-524.01.

Source:Laws 2005, LB 20, § 2.

54-417. Repealed. Laws 1965, c. 333, § 2.

54-418. Repealed. Laws 1965, c. 333, § 2.

54-419. Repealed. Laws 1965, c. 333, § 2.

54-420. Repealed. Laws 1965, c. 333, § 2.

54-421. Repealed. Laws 1965, c. 333, § 2.

54-422. Repealed. Laws 1965, c. 333, § 2.

54-423. Repealed. Laws 1965, c. 333, § 2.

54-424. Repealed. Laws 1965, c. 333, § 2.

54-425. Repealed. Laws 1965, c. 333, § 2.

54-501. Act, how cited.

Sections 54-501 to 54-508 shall be known and may be cited as the Food Supply Animal Veterinary Incentive Program Act.

Source:Laws 2008, LB1172, § 1.

54-502. Terms, defined.

For purposes of the Food Supply Animal Veterinary Incentive Program Act:

(1) Department means the Department of Agriculture;

(2) Food supply animal includes cattle, hogs, sheep, goats, and poultry;

(3) Food supply animal veterinarian means a veterinarian who is engaged in general or food supply animal practice as his or her primary focus of practice and who has a substantial portion of his or her practice devoted to food supply animal veterinary medicine;

(4) Program means the Food Supply Animal Veterinary Incentive Program; and

(5) Rural mixed animal veterinary practice means practice as a food supply animal veterinarian in a rural area and a substantial portion of the practice involves food supply animal veterinary practice.

Source:Laws 2008, LB1172, § 2.

54-503. Program; participation; incentives.

Each year the department shall select from a pool of applicants up to four veterinarians to participate in the program. The selected veterinarians are eligible to receive up to eighty thousand dollars under the program as an incentive to locate in rural Nebraska and practice food supply animal veterinary medicine.

Source:Laws 2008, LB1172, § 3.

54-504. Applicant; eligibility; preference.

(1) To be eligible for funds under the program, an applicant shall:

(a) Be a graduate of an approved veterinary medical school;

(b) Be licensed to practice veterinary medicine in this state;

(c) Enter into a contract with the department to provide full-time veterinary medicine services as a food supply animal veterinarian in a food supply animal veterinary practice or in a rural mixed animal veterinary practice for four years in one or more communities approved by the department; and

(d) Be accredited by the United States Department of Agriculture, Animal and Plant Health Inspection Service, Veterinary Services to provide services relating to food supply animals by the end of the first year of service.

(2) The department shall give preference for approving communities for purposes of subdivision (1)(c) of this section to communities located in areas designated by the department as shortage areas for food supply animal veterinary medical services. In designating such areas, the department may initially utilize shortage areas as designated by the American Veterinary Medical Association on July 18, 2008, and may revise designations as necessary and appropriate to achieve the purposes of the program.

Source:Laws 2008, LB1172, § 4.

54-505. Distribution of program funds.

(1) To the extent that funds are available, program funds shall be distributed as follows:

(a) After completing the first year of service under the contract, the veterinarian is eligible to receive up to fifteen thousand dollars;

(b) After completing the second year of service under the contract, the veterinarian is eligible to receive up to fifteen thousand dollars;

(c) After completing the third year of service under the contract, the veterinarian is eligible to receive up to twenty-five thousand dollars; and

(d) After completing the fourth year of service under the contract, the veterinarian is eligible to receive up to twenty-five thousand dollars.

(2) If the veterinarian does not complete an entire year of service or if sufficient funds are not available to provide the full dollar amount of incentive in a year, the amount distributed under this section for that year shall be prorated.

Source:Laws 2008, LB1172, § 5.

54-506. Release from program; when; recovery of payments.

(1) A veterinarian shall be released from the program contract without penalty if:

(a) The veterinarian has completed the service requirements of the contract;

(b) The veterinarian is unable to complete the service requirements of the contract because of a permanent physical disability;

(d) The veterinarian dies.

(2)(a) A veterinarian shall be released from further performance of veterinary services under the program contract if he or she is unable to perform his or her contractual obligations to provide veterinary services due to the suspension or revocation of his or her federal accreditation or denial, refusal of renewal, limitation, suspension, revocation, or other disciplinary measure taken against his or her license to practice in Nebraska pursuant to section 71-1,163 until December 1, 2008, and section 38-3324 on and after December 1, 2008.

(b) If a veterinarian is released from his or her contract pursuant to subdivision (a) of this subsection, the department may recover a portion of or all of the payments made to such veterinarian under section 54-505. The department shall remit any such funds to the State Treasurer for credit to the Food Supply Animal Veterinary Incentive Fund. The department may use appropriate remedies available to enforce this subdivision.

(3) The State of Nebraska shall be released from any further obligation under the Food Supply Animal Veterinary Incentive Program Act or any contract entered into with a veterinarian under the act if the veterinarian is released from the program pursuant to this section.

Source:Laws 2008, LB1172, § 6.

54-507. Food Supply Animal Veterinary Incentive Fund; created; use; investment.

The Food Supply Animal Veterinary Incentive Fund is created. The fund may be used to carry out the purposes of the Food Supply Animal Veterinary Incentive Program Act. The State Treasurer shall credit to the fund any money appropriated to the fund by the Legislature and any money received as gifts or grants or other private or public funds received under the act. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.

Source:Laws 2008, LB1172, § 7.

Cross References

Nebraska Capital Expansion Act, see section 72-1269.

Nebraska State Funds Investment Act, see section 72-1260.

54-508. Rules and regulations.

The department shall adopt and promulgate rules and regulations to carry out the Food Supply Animal Veterinary Incentive Program Act.

Source:Laws 2008, LB1172, § 8.

54-601. Dogs; personal property; owner liable for damages; exceptions.

(1) Dogs are hereby declared to be personal property for all intents and purposes, and, except as provided in subsection (2) of this section, the owner or owners of any dog or dogs shall be liable for any and all damages that may accrue (a) to any person, other than a trespasser, by reason of having been bitten by any such dog or dogs and (b) to any person, firm, or corporation by reason of such dog or dogs killing, wounding, injuring, worrying, or chasing any person or persons or any sheep or other domestic animals belonging to such person, firm, or corporation. Such damage may be recovered in any court having jurisdiction of the amount claimed.

(2)(a) A governmental agency or its employees using a dog in military or police work shall not be liable under subsection (1) of this section to a party to, participant in, or person reasonably suspected to be a party to or participant in the act that prompted the use of the dog in the military or police work if the officers of the governmental agency were complying with a written policy on the necessary and appropriate use of a dog for military or police work adopted by the governmental agency and if the damage occurred while the dog was responding to a harassing or provoking act or the damage was the result of a reasonable use of force while the dog or dogs were assisting an employee of the agency in any of the following:

(i) The apprehension or holding of a suspect if the employee has a reasonable suspicion of the suspect's involvement in criminal activity;

(ii) The investigation of a crime or possible crime;

(iii) The execution of a warrant; or

(iv) The defense of a peace officer or another person other than the suspect.

(b) For purposes of this subsection, harassing or provoking act means knowingly and intentionally attempting to interfere with, interfering with, teasing or harassing such dog in order to distract, or agitating or harming such dog.

Source:Laws 1877, § 1, p. 156; Laws 1899, c. 4, § 1, p. 54; R.S.1913, § 172; C.S.1922, § 169; C.S.1929, § 54-601; R.S.1943, § 54-601; Laws 1947, c. 192, § 1, p. 629; Laws 1961, c. 268, § 1, p. 786; Laws 1992, LB 1011, § 1; Laws 2009, LB347, § 1.

Annotations

1. Liability of owner

2. Elements

3. Miscellaneous

1. Liability of owner

In addition to an owner's liability under this section and common-law liability for known vicious propensities, the keeper of a dog can be liable to injured third parties on a negligence theory. Van Kleek v. Farmers Ins. Exch., 289 Neb. 730, 857 N.W.2d 297 (2014).

While this section exempts a dog owner from strict liability for injuries to a trespasser caused by the owner's dog, it does not cut off the common-law tort remedy available to a trespasser for a dog bite. Guzman v. Barth, 250 Neb. 763, 552 N.W.2d 299 (1996).

The strict liability of an owner of a dog for all damages that may accrue to any person, other than a trespasser, by reason of having been bitten by such dog, does not extend to the owners of leased property upon which the dog is harbored. McCullough v. Bozarth, 232 Neb. 714, 442 N.W.2d 201 (1989).

Dog owners are statutorily liable for any and all damages inflicted by their dog to any person, other than a trespasser, without proof of scienter or knowledge of the dangerous propensities of the dogs for biting and by reason of such dog or dogs killing, wounding, worrying, or chasing domestic animals. Paulsen v. Courtney, 202 Neb. 791, 277 N.W.2d 233 (1979).

In an action based upon statutory liability for injury by a dog, the injured person will be barred from recovering if he intentionally provoked the dog, and thereby caused it to attack him. Paulsen v. Courtney, 202 Neb. 791, 277 N.W.2d 233 (1979).

Evidence was insufficient to show that injury to sheep was caused by defendant's dogs. Norman v. Sprague, 167 Neb. 528, 93 N.W.2d 637 (1958).

Owner of dogs not liable when evidence fails to show injuries to horses directly attributable to dogs. Cook v. Pickrel, 20 Neb. 433, 30 N.W. 421 (1886).

This civil dog bite statute creates a cause of action based upon strict liability on the part of the dog owner. State v. Ruisi, 9 Neb. App. 435, 616 N.W.2d 19 (2000).

2. Elements

Given that other words in subdivision (1)(b) of this section—"worrying" and "chasing" "any person or persons or any sheep or other domestic animals belonging to such person, firm, or corporation"—entail action directed toward the injured person or toward the injured animal owned by the damaged plaintiff, the word "injuring" must also be limited to bodily hurt caused by acts directed toward the person or animal hurt. Smith v. Meyring Cattle Co., 302 Neb. 116, 921 N.W.2d 820 (2019).

Playful and mischievous acts of dogs directed toward the person sustaining bodily hurt were not encompassed by this section. Smith v. Meyring Cattle Co., 302 Neb. 116, 921 N.W.2d 820 (2019).

The element that the dog be vicious or have dangerous propensities is implicitly part of this section by virtue of the terms "wound," "worry," and "chase." Smith v. Meyring Cattle Co., 302 Neb. 116, 921 N.W.2d 820 (2019).

The various dictionary definitions of "chase," as applied to this section imposing liability on dog owners for damages caused by their dogs chasing any person, i.e., "to follow quickly or persistently in order to catch or harm," "to make run away; drive," or "to go in pursuit" are disjunctive. Grammer v. Lucking, 292 Neb. 475, 873 N.W.2d 387 (2016).

1992 Neb. Laws, L.B. 1011, was prompted by a court decision in which an injured person had been unable to recover for a broken hip that had allegedly been caused by a dog, because it was not a "wound" within the meaning of this section. Underhill v. Hobelman, 279 Neb. 30, 776 N.W.2d 786 (2009).

When the words killing, wounding, worrying, or chasing as used in this section are read together, they exclude playful and mischievous acts of dogs. Holden v. Schwer, 242 Neb. 389, 495 N.W.2d 269 (1993).

Question whether seven-year-old child was a trespasser under statute was question for jury, which should have been instructed on definition of trespasser, including element of intent. Kenney v. Barna, 215 Neb. 863, 341 N.W.2d 901 (1983).

This section removes the common law restriction of proving scienter or knowledge of the dangerous propensities of dogs, but only as it applies to the actions of dogs specified in the statute. Paulsen v. Courtney, 202 Neb. 791, 277 N.W.2d 233 (1979).

The merely playful acts of dogs do not give rise to a cause of action or damages hereunder. Donner v. Plymate, 193 Neb. 647, 228 N.W.2d 612 (1975).

3. Miscellaneous

The purpose of 1992 Neb. Laws, L.B. 1011, was to expand the scope of this section to include "internal damages even if there are no external damages caused by the owner's dog." Underhill v. Hobelman, 279 Neb. 30, 776 N.W.2d 786 (2009).

Purpose of statute is to protect domestic animals, ordinarily the prey of dogs. No right exists to kill dog for past conduct. Brown v. Graham, 80 Neb. 281, 114 N.W. 153 (1907).

Owner can recover value of dog killed, if not running at large. Nehr v. State, 35 Neb. 638, 53 N.W. 589 (1892).

54-602. Dogs owned by different persons; joint liability.

If two or more dogs owned by different persons shall kill, wound, chase or worry any sheep or other domestic animal, such persons shall be jointly and severally liable for all damage done by such dogs.

Source:Laws 1877, § 2, p. 156; R.S.1913, § 173; C.S.1922, § 170; C.S.1929, § 54-602; R.S.1943, § 54-602.

54-603. License tax; amount; service animal; license; additional fee; county, city, or village; collect fee; disposition.

(1) Any county, city, or village shall have authority by ordinance or resolution to impose a license tax, in an amount which shall be determined by the appropriate governing body, on the owner or harborer of any dog or dogs, to be paid under such regulations as shall be provided by such ordinance or resolutions.

(2) Every service animal shall be licensed as required by local ordinances or resolutions, but no license tax shall be charged. Upon the retirement or discontinuance of the animal as a service animal, the owner of the animal shall be liable for the payment of a license tax as prescribed by local ordinances or resolutions.

(3) Any county, city, or village that imposes a license tax on the owner or harborer of any cat or cats or any dog or dogs under this section shall, in addition to the license tax imposed by the licensing jurisdiction, collect from the licensee a fee of one dollar and twenty-five cents. The person designated by the licensing jurisdiction to collect and administer the license tax shall act as agent for the State of Nebraska in the collection of the fee. From each fee of one dollar and twenty-five cents collected, such person shall retain three cents and remit the balance to the Department of Agriculture. The department shall then remit such balance to the State Treasurer for credit to the Commercial Dog and Cat Operator Inspection Program Cash Fund. If the person collecting the fee is the licensing jurisdiction, the three cents shall be credited to the licensing jurisdiction's general fund. If the person collecting the fee is a private contractor, the three cents shall be credited to an account of the private contractor. The remittance to the Department of Agriculture shall be made at least annually at the conclusion of the licensing jurisdiction's fiscal year, except that any licensing jurisdiction or private contractor that collects fifty dollars or less of such fees during the fiscal year may remit the fees when the cumulative amount of fees collected reaches fifty dollars.

Source:Laws 1877, § 3, p. 156; R.S.1913, § 174; C.S.1922, § 171; C.S.1929, § 54-603; R.S.1943, § 54-603; Laws 1976, LB 515, § 2; Laws 1997, LB 814, § 7; Laws 2008, LB806, § 13; Laws 2010, LB910, § 3; Laws 2015, LB360, § 12; Laws 2021, LB509, § 4.

Cross References

For other provisions authorizing municipalities to impose license tax on dogs, see sections 14-102, 15-220, 16-206, and 17-526.

Annotations

In action against county for loss of sheep killed by dogs, based on statute giving new remedy and prescribing prerequisite conditions, plaintiff must allege that conditions have been performed. McCullough v. Colfax County, 4 Neb. Unof. 543, 95 N.W. 29 (1903).

54-604. Dogs; killing; when permitted.

Any person shall have the right to kill any dog found doing any damage as mentioned in sections 54-601 and 54-602 to any sheep or domestic animal, or if he shall have just and reasonable ground to believe that such dog has been killing, wounding, chasing or worrying such sheep or animal; and no action shall be maintained for such killing.

Source:Laws 1877, § 4, p. 156; R.S.1913, § 175; C.S.1922, § 172; C.S.1929, § 54-604; R.S.1943, § 54-604.

54-605. Dogs; collar required.

It shall be the duty of every owner or owners of any dog or dogs to securely place upon the neck of such dog or dogs a good and sufficient collar with a metallic plate thereon. The plate shall be plainly inscribed with the name of such owner.

Source:Laws 1877, § 5, p. 157; R.S.1913, § 176; C.S.1922, § 173; C.S.1929, § 54-605; R.S.1943, § 54-605; Laws 1990, LB 50, § 12.

Annotations

Dog under control of owner is not running at large. Brown v. Graham, 80 Neb. 281, 114 N.W. 153 (1907).

Dog is running at large when he leaves the owner's premises or goes upon the public road, and no one having control of him is near. Nehr v. State, 35 Neb. 638, 53 N.W. 589 (1892).

54-606. Dogs; collarless; who deemed owner.

Every person who shall harbor about his or her premises a collarless dog for the space of ten days shall be taken and held as the owner, and shall be liable for all damages which such dog shall commit.

Source:Laws 1877, § 6, p. 157; R.S.1913, § 177; C.S.1922, § 174; C.S.1929, § 54-606; R.S.1943, § 54-606.

Annotations

Dog that assails people along a public road is a nuisance and may be killed by person assailed. Nehr v. State, 35 Neb. 638, 53 N.W. 589 (1892).

54-607. Dogs; running at large; penalty.

The owner of any dog running at large for ten days without a collar as required in section 54-605 shall be fined an amount not to exceed twenty-five dollars.

Source:Laws 1877, § 7, p. 157; R.S.1913, § 178; C.S.1922, § 175; C.S.1929, § 54-607; R.S.1943, § 54-607; Laws 2008, LB1055, § 8.

54-608. Dogs in counties having a population of 80,000 inhabitants or more; responsibilities of owners.

In counties having a population of eighty thousand or more inhabitants and cities of the first class contained in such counties, it shall be unlawful for any person, firm, partnership, limited liability company, or corporation to have any dog which is owned, kept, harbored, or allowed to be habitually in or upon premises occupied by him, her, or it or under his, her, or its control to be at large.

Source:Laws 1961, c. 268, § 2, p. 787; Laws 1988, LB 630, § 1; Laws 2008, LB1055, § 9.

54-609. Repealed. Laws 2008, LB 1055, § 24.

54-610. Dogs in counties having a population of 80,000 inhabitants or more; poundmaster; duties; filing complaint.

In counties having a population of eighty thousand or more inhabitants and cities of the first class contained in such counties, whenever complaints are made to the poundmaster or the person or corporation performing the duties of poundmaster that a dog is at large, it shall be the duty of such poundmaster, person, or corporation to investigate such complaint. If upon such investigation it appears that the complaint is founded upon facts, it shall be the duty of such poundmaster, person, or corporation to take such dog into custody and he, she, or it may file or cause to be filed a complaint in the county court against such person, firm, partnership, limited liability company, or corporation owning, keeping, or harboring such dog charging a violation of section 54-601 or 54-608.

Source:Laws 1961, c. 268, § 4, p. 787; Laws 1988, LB 630, § 3; Laws 1988, LB 801, § 1; Laws 1993, LB 121, § 338; Laws 2008, LB1055, § 10.

54-611. Dogs in counties having a population of 80,000 inhabitants or more; convictions; disposition of offending dog; costs.

In counties having a population of eighty thousand or more inhabitants and cities of the first class contained in such counties, if upon final hearing the defendant is adjudged guilty of any violation of section 54-601 or 54-608, the court may, in addition to the penalty provided in section 54-613, order such disposition of the offending dog as may seem reasonable and proper. Disposition includes sterilization, seizure, permanent assignment of the dog to a court-approved animal shelter or animal rescue as such terms are defined in section 28-1018, or destruction of the dog in an expeditious and humane manner. Reasonable costs for such disposition are the responsibility of the defendant.

Source:Laws 1961, c. 268, § 5, p. 787;Laws 1988, LB 630, § 4; Laws 1988, LB 801, § 2; Laws 2008, LB1055, § 11; Laws 2010, LB910, § 4.

Annotations

Because restitution is imposed as punishment and is part of the criminal sentence, a dispositional order pursuant to this section is akin to a sentencing order, and an appellate court reviews the order for an abuse of discretion. State v. Dittoe, 269 Neb. 317, 693 N.W.2d 261 (2005).

The provision in this section that allows the court to order disposition of an offending dog is similar to section 29-2280, which allows a court to order restitution to the victim of a crime. State v. Dittoe, 269 Neb. 317, 693 N.W.2d 261 (2005).

54-612. Repealed. Laws 1969, c. 445, § 13.

54-613. Violations; penalties.

Any person in violation of section 54-601 or 54-608 shall be deemed guilty of a Class IV misdemeanor.

Source:Laws 1961, c. 268, § 7, p. 788; Laws 1977, LB 39, § 20; Laws 1988, LB 630, § 5; Laws 1988, LB 801, § 3; Laws 2008, LB1055, § 12.

54-614. County; license tax; regulate dogs running at large; appeal process.

(1) A county may collect a license tax in an amount which shall be determined by the appropriate governing body from the owners and harborers of dogs and may enforce such tax by appropriate penalties. A county may impound any dog if the owner or harborer shall refuse or neglect to pay such license tax. Any licensing provision shall comply with subsection (2) of section 54-603 for service animals.

(2) A county may regulate or prohibit the running at large of dogs, adopt regulations to guard against injuries or annoyances therefrom, and authorize the destruction, adoption, or other disposition of such dogs when running at large contrary to the provisions of this subsection or any regulations adopted in accordance with this subsection. A county adopting regulations in accordance with this subsection shall provide for an appeal process with respect to such regulations.

Source:Laws 1963, c. 104, § 1, p. 429; Laws 1986, LB 1063, § 1; Laws 1997, LB 814, § 8; Laws 2008, LB806, § 14; Laws 2008, LB1055, § 13.

54-615. County; impound dog; cost and penalties.

A county may impound any dog deemed to be running at large. The owner of such dog shall pay the reasonable cost and penalties provided for the violation of such prohibition, including the expense of impounding and keeping the dog.

Source:Laws 1963, c. 104, § 2, p. 429; Laws 2008, LB1055, § 14.

54-616. County; pounds; erection; keepers; compensation; rules and regulations.

A county may provide for the erection of any pounds needed within the county, appoint and compensate keepers thereof, and establish and enforce rules governing such pounds.

Source:Laws 1963, c. 104, § 3, p. 430; Laws 2008, LB1055, § 15.

54-617. Dangerous dogs; terms, defined.

For purposes of sections 54-617 to 54-624:

(1) Animal control authority means an entity authorized to enforce the animal control laws of a county, city, or village or this state and includes any local law enforcement agency or other agency designated by a county, city, or village to enforce the animal control laws of such county, city, or village;

(2) Animal control officer means any individual employed, appointed, or authorized by an animal control authority for the purpose of aiding in the enforcement of sections 54-617 to 54-624 or any other law or ordinance relating to the licensure of animals, control of animals, or seizure and impoundment of animals and includes any state or local law enforcement officer or other employee whose duties in whole or in part include assignments that involve the seizure and impoundment of any animal;

(3)(a) Dangerous dog means a dog that, according to the records of an animal control authority: (i) Has killed a human being; (ii) has inflicted injury on a human being that requires medical treatment; (iii) has killed a domestic animal without provocation; or (iv) has been previously determined to be a potentially dangerous dog by an animal control authority, the owner has received notice from an animal control authority or an animal control officer of such determination, and the dog inflicts an injury on a human being that does not require medical treatment, injures a domestic animal, or threatens the safety of humans or domestic animals.

(b)(i) A dog shall not be defined as a dangerous dog under subdivision (3)(a)(ii) of this section, and the owner shall not be guilty under section 54-622.01, if the individual was tormenting, abusing, or assaulting the dog at the time of the injury or has, in the past, been observed or reported to have tormented, abused, or assaulted the dog.

(ii) A dog shall not be defined as a dangerous dog under subdivision (3)(a)(iv) of this section, and the owner shall not be guilty under section 54-622.01, if the injury, damage, or threat was sustained by an individual who, at the time, was committing a willful trespass as defined in section 20-203, 28-520, or 28-521, was committing any other tort upon the property of the owner of the dog, was tormenting, abusing, or assaulting the dog, or has, in the past, been observed or reported to have tormented, abused, or assaulted the dog, or was committing or attempting to commit a crime.

(iii) A dog shall not be defined as a dangerous dog under subdivision (3)(a) of this section if the dog is a police animal as defined in section 28-1008;

(4) Domestic animal means a cat, a dog, or livestock. Livestock includes buffalo, deer, antelope, fowl, and any other animal in any zoo, wildlife park, refuge, wildlife area, or nature center intended to be on exhibit;

(5) Medical treatment means treatment administered by a physician or other licensed health care professional that results in sutures or surgery or treatment for one or more broken bones;

(6) Owner means any person, firm, corporation, organization, political subdivision, or department possessing, harboring, keeping, or having control or custody of a dog; and

(7) Potentially dangerous dog means (a) any dog that when unprovoked (i) inflicts an injury on a human being that does not require medical treatment, (ii) injures a domestic animal, or (iii) chases or approaches a person upon streets, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack or (b) any specific dog with a known propensity, tendency, or disposition to attack when unprovoked, to cause injury, or to threaten the safety of humans or domestic animals.

Source:Laws 1989, LB 208, § 1; Laws 2008, LB1055, § 16; Laws 2009, LB494, § 8.

54-618. Dangerous dogs; actions required; costs; limitations on transport; permanent relocation; procedure.

(1) A dangerous dog that has been declared as such shall be spayed or neutered and implanted with a microchip identification number by a licensed veterinarian within thirty days after such declaration. The cost of both procedures is the responsibility of the owner of the dangerous dog. Written proof of both procedures and the microchip identification number shall be provided to the animal control authority after the procedures are completed.

(2) No owner of a dangerous dog shall permit the dog to go beyond the property of the owner unless the dog is restrained securely by a chain or leash.

(3) Except as provided in subsection (4) of this section or for a reasonable veterinary purpose, no owner of a dangerous dog shall transport such dog or permit such dog to be transported to another county, city, or village in this state.

(4) An owner of a dangerous dog may transport such dog or permit such dog to be transported to another county, city, or village in this state for the purpose of permanent relocation of the owner if the owner has obtained written permission prior to such relocation from the animal control authority of the county, city, or village in which the owner resides and from the county, city, or village in which the owner will reside. Each animal control authority may grant such permission based upon a reasonable evaluation of both the owner and the dog, including if the owner has complied with the laws of this state and of the county, city, or village in which he or she resides with regard to dangerous dogs after the dog was declared dangerous. An animal control authority shall not grant permission under this subsection if the county, city, or village has an ordinance or resolution prohibiting the relocation of dangerous dogs. After the permanent relocation, the animal control authority of the county, city, or village in which the owner resides shall monitor the owner and such dog for a period of at least thirty days but not to exceed ninety days to ensure the owner's compliance with the laws of this state and of such county, city, or village with regard to dangerous dogs. Nothing in this subsection shall permit the rescindment of the declaration of dangerous dog.

Source:Laws 1989, LB 208, § 2; Laws 2008, LB1055, § 17.

54-619. Dangerous dogs; confinement required; warning signs.

(1) No person, firm, partnership, limited liability company, or corporation shall own, keep, or harbor or allow to be in or on any premises occupied by him, her, or it or under his, her, or its charge or control any dangerous dog without such dog being confined so as to protect the public from injury.

(2) While unattended on the owner's property, a dangerous dog shall be securely confined, in a humane manner, indoors or in a securely enclosed and locked pen or structure suitably designed to prevent the entry of young children and to prevent the dog from escaping. The pen or structure shall have secure sides and a secure top. If the pen or structure has no bottom secured to the sides, the sides shall be embedded into the ground at a depth of at least one foot. The pen or structure shall also protect the dog from the elements. The pen or structure shall be at least ten feet from any property line of the owner. The owner of a dangerous dog shall post warning signs on the property where the dog is kept that are clearly visible from all areas of public access and that inform persons that a dangerous dog is on the property. Each warning sign shall be no less than ten inches by twelve inches and shall contain the words warning and dangerous animal in high-contrast lettering at least three inches high on a black background.

Source:Laws 1989, LB 208, § 3; Laws 2008, LB1055, § 18.

54-620. Dangerous dogs; confiscation; when; costs.

Any dangerous dog may be immediately confiscated by an animal control officer if the owner is in violation of sections 54-617 to 54-624. The owner shall be responsible for the reasonable costs incurred by the animal control authority for the care of a dangerous dog confiscated by an animal control officer or for the destruction of any dangerous dog if the action by the animal control authority is pursuant to law and if the owner violated sections 54-617 to 54-624.

Source:Laws 1989, LB 208, § 4; Laws 2008, LB1055, § 19; Laws 2009, LB494, § 9.

54-621. Dangerous dogs; disposal by court order.

In addition to any other penalty, a court may order the animal control authority to dispose of a dangerous dog in an expeditious and humane manner.

Source:Laws 1989, LB 208, § 5.

54-622. Dangerous dogs; violation; penalty.

Except as provided in section 54-622.01, any owner who violates sections 54-617 to 54-621 shall be guilty of a Class IV misdemeanor.

Source:Laws 1989, LB 208, § 6; Laws 2009, LB494, § 10.

54-622.01. Dangerous dogs; serious bodily injury; penalty; defense.

(1) Any owner whose dangerous dog inflicts on a human being a serious bodily injury as defined in section 28-109 is guilty of a Class I misdemeanor for the first offense and a Class IV felony for a second or subsequent offense, whether or not the same dangerous dog is involved.

(2) It is a defense to a violation of subsection (1) of this section that the dangerous dog was, at the time of the infliction of the serious bodily injury, in the custody of or under the direct control of a person other than the owner or the owner's immediate family.

Source:Laws 2009, LB494, § 13.

54-623. Dangerous dogs; violation; conviction; effect.

(1) Any owner convicted of a violation of sections 54-617 to 54-624 shall not own a dangerous dog within ten years after such conviction. Any owner violating this subsection shall be guilty of a Class IIIA misdemeanor, and the dog shall be treated as provided in subsection (2) of this section.

(2) Except as provided in section 54-622.01, if a dangerous dog of an owner with a prior conviction under sections 54-617 to 54-624 attacks or bites a human being or domestic animal, the owner shall be guilty of a Class IIIA misdemeanor. In addition, the dangerous dog shall be immediately confiscated by an animal control authority, placed in quarantine for the proper length of time, and thereafter destroyed in an expeditious and humane manner.

Source:Laws 1989, LB 208, § 7; Laws 2008, LB1055, § 20; Laws 2009, LB494, § 11.

54-623.01. County; designate animal control authority.

Each county shall designate an animal control authority that shall be responsible for enforcing sections 54-617 to 54-624 and the laws of such county regarding dangerous dogs.

Source:Laws 2008, LB1055, § 22; Laws 2009, LB494, § 12.

54-624. Dangerous dogs; local laws or ordinances.

Nothing in sections 54-617 to 54-623.01 shall be construed to restrict or prohibit any governing board of any county, city, or village from establishing and enforcing laws or ordinances at least as stringent as the provisions of sections 54-617 to 54-623.01.

Source:Laws 1989, LB 208, § 8; Laws 2008, LB1055, § 21; Laws 2009, LB494, § 14.

54-625. Act, how cited.

Sections 54-625 to 54-643 shall be known and may be cited as the Commercial Dog and Cat Operator Inspection Act.

Source:Laws 2000, LB 825, § 1; Laws 2003, LB 274, § 1; Laws 2006, LB 856, § 13; Laws 2007, LB12, § 1; Laws 2009, LB241, § 1; Laws 2012, LB427, § 1; Laws 2015, LB360, § 13.

54-626. Terms, defined.

For purposes of the Commercial Dog and Cat Operator Inspection Act:

(1) Animal control facility means a facility operated by or under contract with the state or any political subdivision of the state for the purpose of impounding or harboring seized, stray, homeless, abandoned, or unwanted animals;

(2) Animal rescue means a person or group of persons who hold themselves out as an animal rescue, accept or solicit for dogs or cats with the intention of finding permanent adoptive homes or providing lifelong care for such dogs or cats, or who use foster homes as the primary means of housing dogs or cats;

(3) Animal shelter means a facility used to house or contain dogs or cats and owned, operated, or maintained by an incorporated humane society, an animal welfare society, a society for the prevention of cruelty to animals, or another nonprofit organization devoted to the welfare, protection, and humane treatment of such animals;

(4) Boarding kennel means a facility which is primarily used to house or contain dogs or cats owned by persons other than the operator of such facility. The primary function of a boarding kennel is to temporarily harbor dogs or cats when the owner of the dogs or cats is unable to do so or to provide training, grooming, or other nonveterinary service for consideration before returning the dogs or cats to the owner. A facility which provides such training, grooming, or other nonveterinary service is not a boarding kennel for the purposes of the act unless dogs or cats owned by persons other than the operator of such facility are housed at such facility overnight. Veterinary clinics, animal control facilities, animal rescues, and nonprofit animal shelters are not boarding kennels for the purposes of the act;

(5) Breeding dog means any sexually intact male or female dog six months of age or older owned or harbored by a commercial dog breeder;

(6) Cat means any animal which is wholly or in part of the species Felis domesticus;

(7) Commercial cat breeder means a person engaged in the business of breeding cats:

(a) Who sells, exchanges, leases, or in any way transfers or offers to sell, exchange, lease, or transfer thirty-one or more cats in a twelve-month period beginning on April 1 of each year;

(b) Who owns or harbors four or more cats, intended for breeding, in a twelve-month period beginning on April 1 of each year;

(c) Whose cats produce a total of four or more litters within a twelve-month period beginning on April 1 of each year; or

(d) Who knowingly sells, exchanges, or leases cats for later retail sale or brokered trading;

(8) Commercial dog breeder means a person engaged in the business of breeding dogs:

(a) Who sells, exchanges, leases, or in any way transfers or offers to sell, exchange, lease, or transfer thirty-one or more dogs in a twelve-month period beginning on April 1 of each year;

(b) Who owns or harbors four or more dogs, intended for breeding, in a twelve-month period beginning on April 1 of each year;

(c) Whose dogs produce a total of four or more litters within a twelve-month period beginning on April 1 of each year; or

(d) Who knowingly sells, exchanges, or leases dogs for later retail sale or brokered trading;

(9) Dealer means any person who is not a commercial dog or cat breeder or a pet shop but is engaged in the business of buying for resale or selling or exchanging dogs or cats as a principal or agent or who claims to be so engaged. A person who purchases, sells, exchanges, or leases thirty or fewer dogs or cats in a twelve-month period is not a dealer;

(10) Department means the Department of Agriculture with the State Veterinarian in charge, subordinate only to the director;

(11) Director means the Director of Agriculture or his or her designated employee;

(12) Dog means any animal which is wholly or in part of the species Canis familiaris;

(13) Foster home means any person who provides temporary housing for twenty or fewer dogs or cats that are six months of age or older in any twelve-month period and is affiliated with a person operating as an animal rescue that uses foster homes as its primary housing of dogs or cats. To be considered a foster home, a person shall not participate in the acquisition of the dogs or cats for which temporary care is provided. Any foster home which houses more than twenty dogs or cats that are six months of age or older in any twelve-month period or who participates in the acquisition of dogs or cats shall be licensed as an animal rescue;

(14) Harbor means:

(a) Providing shelter or housing for a dog or cat regulated under the act; or

(b) Maintaining the care, supervision, or control of a dog or cat regulated under the act;

(15) Housing facility means any room, building, or areas used to contain a primary enclosure;

(16) Inspector means any person who is employed by the department and who is authorized to perform inspections pursuant to the act;

(17) Licensee means a person who has qualified for and received a license from the department pursuant to the act;

(18) Normal business hours means daily between 7 a.m. and 7 p.m. unless an applicant, a licensee, or any other person the department has reasonable cause to believe is required by the act to be licensed provides in writing to the department a description of his or her own normal business hours which reasonably allows the department to make inspections;

(19) Operator means a person performing the activities of an animal control facility, an animal rescue, an animal shelter, a boarding kennel, a commercial cat breeder, a commercial dog breeder, a dealer, or a pet shop;

(20) Pet animal means an animal kept as a household pet for the purpose of companionship, which includes, but is not limited to, dogs, cats, birds, fish, rabbits, rodents, amphibians, and reptiles;

(21) Pet shop means a retail establishment which sells pet animals and related supplies;

(22) Premises means all public or private buildings, vehicles, equipment, containers, kennels, pens, and cages used by an operator and the public or private ground upon which an operator's facility is located if such buildings, vehicles, equipment, containers, kennels, pens, cages, or ground are used by the owner or operator in the usual course of business;

(23) Primary enclosure means any structure used to immediately restrict a dog or cat to a limited amount of space, such as a room, pen, cage, or compartment;

(24) Secretary of Agriculture means the Secretary of Agriculture of the United States Department of Agriculture;

(25) Significant threat to the health or safety of dogs or cats means:

(a) Not providing shelter or protection from extreme weather resulting in life-threatening conditions predisposing to hyperthermia or hypothermia in dogs or cats that are not acclimated to the temperature;

(b) Acute injuries involving potentially life-threatening medical emergencies in which the owner refuses to seek immediate veterinary care;

(d) Egregious human abuse such as trauma from beating, torturing, mutilating, burning, or scalding; or

(e) Failing to maintain sanitation resulting in egregious situations where a dog or cat cannot avoid walking, lying, or standing in feces;

(26) Stop-movement order means a directive preventing the movement of any dog or cat onto or from the premises; and

(27) Unaltered means any male or female dog or cat which has not been neutered or spayed or otherwise rendered incapable of reproduction.

Source:Laws 2000, LB 825, § 2; Laws 2003, LB 233, § 1; Laws 2003, LB 274, § 2; Laws 2004, LB 1002, § 1; Laws 2009, LB241, § 2; Laws 2010, LB910, § 5; Laws 2012, LB427, § 2; Laws 2015, LB360, § 14; Laws 2020, LB344, § 64.

54-627. License requirements; fees; premises available for inspection.

(1) A person shall not operate as a commercial dog or cat breeder, a dealer, a boarding kennel, an animal control facility, an animal shelter, an animal rescue, or a pet shop unless the person obtains the appropriate license. A pet shop shall only be subject to the Commercial Dog and Cat Operator Inspection Act and the rules and regulations adopted and promulgated pursuant thereto in any area or areas of the establishment used for the keeping and selling of pet animals. If a facility listed in this subsection is not located at the owner's residence, the name and address of the owner shall be posted on the premises.

(2) An applicant for a license shall submit an application for the appropriate license to the department, on a form prescribed by the department, together with a one-time license fee of one hundred twenty-five dollars. Such fee is nonreturnable. Any license issued on or before November 30, 2015, shall remain valid after expiration unless it lapses pursuant to this section, is revoked pursuant to section 54-631, or is voluntarily surrendered. Upon receipt of an application and the license fee and upon completion of a qualifying inspection, the appropriate license may be issued by the department. The department may enter the premises of any applicant for a license to determine if the applicant meets the requirements for licensure under the act. If an applicant does not at the time of inspection harbor any dogs or cats, the inspection shall be of the applicant's records and the planned housing facilities. Such license shall not be transferable to another person or location and shall lapse automatically upon a change of ownership or location.

(3)(a) In addition to the license fee required in subsection (2) of this section, an annual fee shall also be charged. Except as otherwise provided in this subsection, the annual fee shall be determined according to the following fee schedule based upon the daily average number of dogs or cats harbored by the licensee over the previous twelve-month period:

(i) Ten or fewer dogs or cats, one hundred seventy-five dollars;

(ii) Eleven to fifty dogs or cats, two hundred twenty-five dollars;

(iii) Fifty-one to one hundred dogs or cats, two hundred seventy-five dollars;

(iv) One hundred one to one hundred fifty dogs or cats, three hundred twenty-five dollars;

(v) One hundred fifty-one to two hundred dogs or cats, three hundred seventy-five dollars;

(vi) Two hundred one to two hundred fifty dogs or cats, four hundred twenty-five dollars;

(vii) Two hundred fifty-one to three hundred dogs or cats, four hundred seventy-five dollars;

(viii) Three hundred one to three hundred fifty dogs or cats, five hundred twenty-five dollars;

(ix) Three hundred fifty-one to four hundred dogs or cats, five hundred seventy-five dollars;

(x) Four hundred one to four hundred fifty dogs or cats, six hundred twenty-five dollars;

(xi) Four hundred fifty-one to five hundred dogs or cats, six hundred seventy-five dollars; and

(xii) More than five hundred dogs or cats, two thousand one hundred dollars.

(b) If a person operates with more than one type of license at the same location, the person shall pay only one annual fee based on the primary licensed activity occurring at that location as determined by the number of dogs or cats affected by the licensed activity.

(d) The annual fee for an animal rescue shall be one hundred fifty dollars.

(e) The annual fee for a commercial dog or cat breeder shall be determined according to the fee schedule set forth in subdivision (a) of this subsection based upon the total number of breeding dogs or cats owned or harbored by the commercial breeder over the previous twelve-month period.

(f) In addition to the fee as prescribed in the fee schedule set forth in subdivision (a) of this subsection, the annual fee for a commercial dog or cat breeder, pet shop, dealer, or boarding kennel shall include a fee of two dollars times the daily average number of dogs or cats owned or harbored by the licensee over the previous twelve-month period numbering more than ten dogs or cats subject to subdivision (g) of this subsection.

(g) The fees charged under subdivision (a) of this subsection may be increased or decreased by rule and regulation as adopted and promulgated by the department, but the maximum fee that may be charged shall not result in a fee for any license category that exceeds the annual fee set forth in subdivision (a) of this subsection by more than one hundred dollars. The fee charged under subdivision (f) of this subsection may be increased or decreased by rule and regulation as adopted and promulgated by the department, but such fee shall not exceed three dollars times the number of dogs or cats harbored by the licensee over the previous twelve-month period numbering more than ten dogs or cats.

(4) A commercial dog or cat breeder, dealer, boarding kennel, or pet shop shall pay the annual fee to the department on or before April 1 of each year. An animal control facility, animal rescue, or animal shelter shall pay the annual fee to the department on or before October 1 of each year. Failure to pay the annual fee by the due date shall result in a late fee equal to twenty percent of the annual fee due and payable each month, not to exceed one hundred percent of such fee, in addition to the annual fee. The purpose of the late fee is to pay for the administrative costs associated with the collection of fees under this section. The assessment of the late fee shall not prohibit the director from taking any other action as provided in the act.

(5) An applicant, a licensee, or a person the department has reason to believe is an operator and required to obtain a license under this section shall make any applicable premises available for inspection pursuant to section 54-628 during normal business hours.

(6) The state or any political subdivision of the state which contracts out its animal control duties to a facility not operated by the state or any political subdivision of the state may be exempted from the licensing requirements of this section if such facility is licensed as an animal control facility, animal rescue, or animal shelter for the full term of the contract with the state or its political subdivision.

(7) Any fees collected pursuant to this section shall be remitted to the State Treasurer for credit to the Commercial Dog and Cat Operator Inspection Program Cash Fund.

Source:Laws 2000, LB 825, § 3; Laws 2003, LB 233, § 2; Laws 2003, LB 274, § 3; Laws 2004, LB 1002, § 2; Laws 2006, LB 856, § 14; Laws 2007, LB12, § 2; Laws 2009, LB241, § 3; Laws 2010, LB910, § 6; Laws 2012, LB427, § 3; Laws 2015, LB360, § 15.

54-627.01. Licensees; maintain written veterinary care plan or written emergency veterinary care plan.

A dealer or pet shop licensed under section 54-627 shall maintain a written veterinary care plan developed in conjunction with the attending veterinarian for the dealer or pet shop. An animal control facility, an animal rescue, an animal shelter, or a boarding kennel licensed under section 54-627 shall maintain a written emergency veterinary care plan.

Source:Laws 2009, LB241, § 4; Laws 2010, LB910, § 7.

54-628. Inspection program; department; powers; reinspection fee; prohibited acts; penalty.

(1) The department shall inspect all licensees at least once in a twenty-four-month period to determine whether the licensee is in compliance with the Commercial Dog and Cat Operator Inspection Act.

(2) Any additional inspector or other field personnel employed by the department to carry out inspections pursuant to the act that are funded through General Fund appropriations to the department shall be available for temporary reassignment as needed to other activities and functions of the department in the event of a livestock disease emergency or any other threat to livestock or public health.

(3) When an inspection produces evidence of a violation of the act or the rules and regulations of the department, a copy of a written report of the inspection and violations shown thereon, prepared by the inspector, shall be given to the applicant, licensee, or person the department has reason to believe is an operator, together with written notice to comply within the time limit established by the department and set out in such notice. If the department performs a reinspection for the purpose of determining if an operator has complied within the time limit for compliance established pursuant to this subsection or has complied with section 54-628.01 or if the inspector must return to the operator's location because the operator was not available within a reasonable time as required by subsection (4) of this section, the applicant, licensee, or person the department has reason to believe is an operator shall pay a reinspection fee of one hundred fifty dollars together with the mileage of the inspector at the rate provided in section 81-1176. The purpose of the reinspection fee is to pay for the administrative costs associated with the additional inspection. Any fees collected pursuant to this section shall be remitted to the State Treasurer for credit to the Commercial Dog and Cat Operator Inspection Program Cash Fund. The assessment of the reinspection fee shall not prohibit the director from taking any other action as provided in the act.

(4) The department, at its discretion, may make unannounced inspections of any applicant, licensee, or person the department has reason to believe is an operator during normal business hours. An applicant, a licensee, and any person the department has reason to believe is an operator shall provide the department, in writing, and keep updated if there is any change, a telephone number where the operator can be reached during normal business hours. The applicant, licensee, or person the department has reason to believe is an operator shall provide a person over the age of nineteen to be available at the operation for the purpose of allowing the department to perform an inspection.

(5) If deemed necessary under the act or any rule or regulation adopted and promulgated pursuant to the act, the department may, for purposes of inspection, enter, without being subject to any action for trespass or damages, the premises of any applicant, licensee, or person the department has reason to believe is an operator, during normal business hours and in a reasonable manner, including all premises in or upon which dogs or cats are housed, harbored, sold, exchanged, or leased or are suspected of being housed, harbored, sold, exchanged, or leased.

(6) Pursuant to an inspection under the act, the department may:

(a) Enter and have full access to all premises where dogs or cats regulated under the act are harbored or housed or are suspected of being harbored or housed;

(b) Access all records pertaining to dogs or cats regulated under the act or suspected of pertaining to such dogs or cats and examine and copy all records pertaining to compliance with the act and the rules or regulations adopted and promulgated under the act. The department shall have authority to gather evidence, including, but not limited to, photographs;

(c) Inspect or reinspect any vehicle or carrier transporting or holding dogs or cats that is in the state to determine compliance with the act or any rules or regulations adopted and promulgated under the act;

(d) Obtain an inspection warrant in the manner prescribed in sections 29-830 to 29-835 if any person refuses to allow the department to conduct an inspection pursuant to the act; or

(e) Issue and enforce a written stop-movement order pursuant to section 54-628.01.

(7) For purposes of this section, the private residence of any applicant, licensee, or person the department has reason to believe is an operator shall be available for purposes of inspection only if dogs or cats are housed in a primary enclosure within the residence, including a room in such residence, and only such portion of the residence that is used as a primary enclosure shall be open to an inspection pursuant to this section.

(8) An applicant, licensee, or person the department has reason to believe is an operator shall not seek to avoid inspection by hiding dogs or cats regulated under the act in a private residence, on someone else's property, or at any other location. An applicant, licensee, or person the department has reason to believe is an operator shall provide full and accurate information to the department regarding the location of all dogs or cats harbored by the operator.

(9) Any applicant, licensee, or person the department has reason to believe is an operator who intentionally refuses to answer the door, fails to be available as provided in subsection (4) of this section, fails to comply with subsection (8) of this section, or otherwise obstructs the department's attempt to perform an inspection shall be in violation of section 54-634 and subject to an administrative fine or other proceedings as provided in section 54-633 or 54-634.

Source:Laws 2000, LB 825, § 4; Laws 2007, LB12, § 3; Laws 2009, LB241, § 5; Laws 2015, LB360, § 16.

54-628.01. Director; stop-movement order; issuance; contents; hearing; department; powers; costs; reinspection; hearing.

(1) The director may issue a stop-movement order if he or she has reasonable cause to believe that there exists (a) noncompliance with the Commercial Dog and Cat Operator Inspection Act or any rule or regulation adopted and promulgated pursuant to the act, including, but not limited to, unreasonable sanitation or housing conditions, failure to comply with standards for handling, care, treatment, or transportation for dogs or cats, operating without a license, or interfering with the department in the performance of its duties, or (b) any condition that, without medical attention, provision of shelter, facility maintenance or improvement, relocation of animals, or other management intervention, poses a significant threat to the health or safety of the dogs or cats owned or harbored by a violator.

(2) Such stop-movement order may require the violator to maintain the dogs or cats subject to the order at the existing location or other department-approved premises until such time as the director has issued a written release from the stop-movement order. The stop-movement order shall clearly advise the violator that he or she may request in writing a hearing before the director pursuant to section 54-632. The order issued pursuant to this section shall be final unless modified or rescinded by the director pursuant to section 54-632 at a hearing requested under this subsection.

(3) Pursuant to the stop-movement order, the department shall have the authority to enter the premises to inspect and determine if the dogs or cats subject to the order or the facilities used to house or transport such dogs or cats are kept and maintained in compliance with the requirements of the act and the rules and regulations adopted and promulgated pursuant to the act or if any management intervention imposed by the stop-movement order is being implemented to mitigate conditions posing a significant threat to the health or safety of dogs or cats harbored or owned by a violator. The department shall not be liable for any costs incurred by the violator or any personnel of the violator due to such departmental action or in enforcing the stop-movement order. The department shall be reimbursed by the violator for the actual costs incurred by the department in issuing and enforcing any stop-movement order.

(4) A stop-movement order shall include:

(a) A description of the nature of the violations of the act or any rule or regulation adopted and promulgated pursuant to the act;

(b) If applicable, a description of conditions that pose a significant threat to the health or safety of the dogs or cats owned or harbored by the violator;

(c) The action necessary to bring the violator into compliance with the act and the rules and regulations adopted and promulgated pursuant to the act or, if applicable, to mitigate conditions posing a significant threat to the health and safety of the dogs or cats harbored or owned by the violator;

(d) Notice that if violations of the act or any rule or regulation or any conditions that pose a significant threat to the health or safety of the dogs or cats owned or harbored by the violator persist, the department may refer the matter to appropriate law enforcement for investigation and potential prosecution pursuant to Chapter 28, article 10; and

(e) The name, address, and telephone number of the violator who owns or harbors the dogs or cats subject to the order.

(5) Before receipt of a written release, the person to whom the stop-movement order was issued shall:

(a) Provide the department with an inventory of all dogs or cats on the premises at the time of the issuance of the order;

(b) Provide the department with the identification tag number, the tattoo number, the microchip number, or any other approved method of identification for each individual dog or cat;

(c) Notify the department within forty-eight hours of the death or euthanasia of any dog or cat subject to the order. Such notification shall include the dog's or cat's individual identification tag number, tattoo number, microchip number, or other approved identification;

(d) Notify the department within forty-eight hours of any dog or cat giving birth after the issuance of the order, including the size of the litter; and

(e) Maintain on the premises any dog or cat subject to the order, except that a dog or cat under one year of age under contract to an individual prior to the issuance of the order may be delivered to the individual pursuant to the contractual obligation. The violator shall provide to the department information identifying the dog or cat and the name, address, and telephone number of the individual purchasing the dog or cat. The department may contact the purchaser to ascertain the date of the purchase agreement to ensure that the dog or cat was sold prior to the stop-movement order and to determine that he or she did purchase such dog or cat. No additional dogs or cats shall be transferred onto the premises without written approval of the department.

(6) The department shall reinspect the premises to determine compliance within ten business days after the initial inspection that resulted in the stop-movement order. At the time of reinspection pursuant to this subsection, if conditions that pose a significant threat to the health or safety of the dogs or cats harbored or owned by the violator or noncompliant conditions continue to exist, further reinspections shall be at the discretion of the department. The violator may request an immediate hearing with the director pursuant to any findings under this subsection.

Source:Laws 2009, LB241, § 6; Laws 2015, LB360, § 17.

54-628.02. Violation of act, rule or regulation, or order of director; proceedings authorized.

Whenever the director has reason to believe that any person has violated any provision of the Commercial Dog and Cat Operator Inspection Act, any rule or regulation adopted and promulgated pursuant to the act, or any order of the director, the director may issue a notice of hearing as provided in section 54-632 requiring the person to appear before the director to (1) show cause why an order should not be entered requiring such person to cease and desist from the violation charged, (2) determine whether an administrative fine should be imposed or levied against the person pursuant to subsection (2) of section 54-633, or (3) determine whether the person fails to qualify for a license pursuant to section 54-630. Proceedings initiated pursuant to this section shall not preclude the department from pursuing other administrative, civil, or criminal actions according to law.

Source:Laws 2015, LB360, § 18.

54-629. Rules and regulations.

The department shall adopt and promulgate rules and regulations to carry out the Commercial Dog and Cat Operator Inspection Act. The rules and regulations may include, but are not limited to, factors to be considered when the department imposes an administrative fine, provisions governing record-keeping, veterinary care plans, emergency veterinary care plans, and other requirements for persons required to have a license, and any other matter deemed necessary by the department to carry out the act. The department shall use as a guideline for the humane handling, care, treatment, and transportation of dogs and cats the standards of the Animal and Plant Health Inspection Service of the United States Department of Agriculture as set out in 9 C.F.R. 3.1 to 3.19.

Source:Laws 2000, LB 825, § 5; Laws 2007, LB12, § 4; Laws 2009, LB241, § 7.

54-630. Application; denial; grounds; appeal.

(1) Before the department approves an application for a license, an inspector of the department shall inspect the operation of the applicant to determine whether the applicant qualifies to hold a license pursuant to the Commercial Dog and Cat Operator Inspection Act. Except as provided in subsection (2) of this section, an applicant who qualifies shall be issued a license.

(2) The department may deny an application for a license as a commercial dog or cat breeder, a dealer, a boarding kennel, an animal control facility, an animal shelter, an animal rescue, or a pet shop upon a finding that the applicant is unsuited to perform the obligations of a licensee. The applicant shall be determined unsuited to perform the obligations of a licensee if the department finds that the applicant has deliberately misrepresented or concealed any information provided on or with the application or any other information provided to the department under this section or that within the previous five years the applicant:

(a) Has been convicted of any law regarding the disposition or treatment of dogs or cats in any jurisdiction; or

(b) Has operated a breeder facility under a license or permit issued by any jurisdiction that has been revoked, suspended, or otherwise subject to a disciplinary proceeding brought by the licensing authority in that jurisdiction if such proceeding resulted in the applicant having voluntarily surrendered a license or permit to avoid disciplinary sanctions.

(3) In addition to the application, the department may require the applicant to provide additional documentation pertinent to the department's determination of the applicant's suitability to perform the duties of a licensee under the act.

(4) An applicant who is denied a license under this section shall be afforded the opportunity for a hearing before the director or the director's designee to present evidence that the applicant is qualified to hold a license pursuant to the act and the rules and regulations adopted and promulgated by the department and should be issued a license. All such hearings shall be in accordance with the Administrative Procedure Act.

Source:Laws 2000, LB 825, § 6; Laws 2007, LB12, § 5; Laws 2012, LB427, § 4; Laws 2015, LB360, § 19.

Cross References

Administrative Procedure Act, see section 84-920.

54-631. Licensee; duties; disciplinary actions.

(1) A licensee under the Commercial Dog and Cat Operator Inspection Act shall comply with the act, the rules and regulations, and any order of the director issued pursuant thereto. The licensee shall not interfere with the department in the performance of its duties.

(2) A licensee may be put on probation requiring such licensee to comply with the conditions set out in an order of probation issued by the director, may be ordered to cease and desist due to a failure to comply, or may be ordered to pay an administrative fine pursuant to section 54-633 after:

(a) The director determines the licensee has not complied with subsection (1) of this section;

(b) The licensee is given written notice to comply and written notice of the right to a hearing to show cause why an order should not be issued; and

(c) The director finds that issuing an order is appropriate based on the hearing record or on the available information if the hearing is waived by the licensee.

(3) A license may be suspended after:

(a) The director determines the licensee has not complied with subsection (1) of this section;

(b) The licensee is given written notice to comply and written notice of the right to a hearing to show cause why the license should not be suspended; and

(c) The director finds that issuing an order suspending the license is appropriate based on the hearing record or on the available information if the hearing is waived by the licensee.

(4) A license may be immediately suspended and the director may order the operation of the licensee closed prior to hearing when:

(a) The director determines that there is a significant threat to the health or safety of the dogs or cats harbored or owned by the licensee; and

(b) The licensee receives written notice to comply and written notice of the right to a hearing to show cause why the suspension should not be sustained. Within fifteen days after the suspension, the licensee may request in writing a date for a hearing, and the director shall consider the interests of the licensee when the director establishes the date and time of the hearing, except that no hearing shall be held sooner than is reasonable under the circumstances. When a licensee does not request a hearing date within the fifteen-day period, the director shall establish a hearing date and notify the licensee of the date and time of such hearing.

(5) A license may be revoked after:

(a) The director determines the licensee has committed serious, repeated, or multiple violations of any of the requirements of subsection (1) of this section;

(b) The licensee is given written notice to comply and written notice of the right to a hearing to show cause why the license should not be revoked; and

(c) The director finds that issuing an order revoking the license is appropriate based on the hearing record or on the available information if the hearing is waived by the licensee.

(6) The operation of any licensee which has been suspended shall close and remain closed until the license is reinstated. Any operation for which the license has been revoked shall close and remain closed until a new license is issued.

(7) The director may terminate proceedings undertaken pursuant to this section at any time if the reasons for such proceedings no longer exist. A license which has been suspended may be reinstated, a person with a revoked license may be issued a new license, or a licensee may no longer be subject to an order of probation if the director determines the conditions which prompted the suspension, revocation, or probation no longer exist.

(8) Proceedings undertaken pursuant to this section shall not preclude the department from seeking other civil or criminal actions.

Source:Laws 2000, LB 825, § 7; Laws 2007, LB12, § 6.

54-632. Notice or order; service requirements; hearing; appeal.

(1) Any notice or order provided for in the Commercial Dog and Cat Operator Inspection Act shall be properly served when it is personally served on the applicant, licensee, or violator or on the person authorized by the applicant or licensee to receive notices and orders of the department or when it is sent by certified or registered mail, return receipt requested, to the last-known address of the applicant, licensee, or violator or the person authorized to receive such notices and orders. A copy of the notice and the order shall be filed in the records of the department.

(2) A notice to comply with the act or the rules and regulations adopted and promulgated pursuant to the act shall set forth the acts or omissions with which the applicant, licensee, or violator is charged.

(3) A notice of the right to a hearing shall set forth the time and place of the hearing except as otherwise provided in subsection (4) of this section and section 54-631. A notice of the right to such hearing shall include notice that such right to a hearing may be waived pursuant to subsection (6) of this section. A notice of the licensee's right to a hearing shall include notice to the licensee that the license may be subject to sanctions as provided in section 54-631.

(4) A request for a hearing under subsection (2) of section 54-628.01 shall request that the director set forth the time and place of the hearing. The director shall consider the interests of the violator in establishing the time and place of the hearing. Within three business days after receipt by the director of the hearing request, the director shall set forth the time and place of the hearing on the stop-movement order. A notice of the violator's right to such hearing shall include notice that such right to a hearing may be waived pursuant to subsection (6) of this section.

(5) The hearings provided for in the act shall be conducted by the director at the time and place he or she designates. The director shall make a final finding based on the complete hearing record and issue an order. If the director has suspended a license pursuant to subsection (4) of section 54-631, the director shall sustain, modify, or rescind the order after the hearing. If the department has issued a stop-movement order under section 54-628.01, the director may sustain, modify, or rescind the order after the hearing. All hearings shall be in accordance with the Administrative Procedure Act.

(6) An applicant, a licensee, or a violator waives the right to a hearing if such applicant, licensee, or violator does not attend the hearing at the time and place set forth in the notice described in subsection (3) or (4) of this section, without requesting that the director, at least two days before the designated time, change the time and place for the hearing, except that before an order of the director becomes final, the director may designate a different time and place for the hearing if the applicant, licensee, or violator shows the director that the applicant, licensee, or violator had a justifiable reason for not attending the hearing and not timely requesting a change of the time and place for such hearing. If the applicant, licensee, or violator waives the right to a hearing, the director shall make a final finding based upon the available information and issue an order. If the director has suspended a license pursuant to subsection (4) of section 54-631, the director may sustain, modify, or rescind the order after the hearing. If the department has issued a stop-movement order under section 54-628.01, the director may sustain, modify, or rescind the order after the hearing.

(7) Any person aggrieved by the finding of the director has ten days after the entry of the director's order to request a new hearing if such person can show that a mistake of fact has been made which affected the director's determination. Any order of the director becomes final upon the expiration of ten days after its entry if no request for a new hearing is made.

Source:Laws 2000, LB 825, § 8; Laws 2007, LB12, § 7; Laws 2009, LB241, § 8; Laws 2015, LB360, § 20.

Cross References

Administrative Procedure Act, see section 84-920.

54-633. Enforcement powers; administrative fine.

(1) In order to ensure compliance with the Commercial Dog and Cat Operator Inspection Act, the department may apply for a restraining order, temporary or permanent injunction, or mandatory injunction against any person violating or threatening to violate the act, the rules and regulations, or any order of the director issued pursuant thereto. The district court of the county where the violation is occurring or is about to occur shall have jurisdiction to grant relief upon good cause shown. Relief may be granted notwithstanding the existence of any other remedy at law and shall be granted without bond.

The county attorney of the county in which such violations are occurring or about to occur shall, when notified of such violation or threatened violation, cause appropriate proceedings under this section to be instituted and pursued without delay.

(2) The department may impose an administrative fine of not more than five thousand dollars for any violation of the act or the rules and regulations adopted and promulgated under the act. Each violation of the act or such rules and regulations shall constitute a separate offense for purposes of this subsection.

Source:Laws 2000, LB 825, § 9; Laws 2006, LB 856, § 15; Laws 2007, LB12, § 8; Laws 2015, LB360, § 21.

54-633.01. Special investigator; powers; referral to another law enforcement officer.

If the director has reason to believe that any alleged violation of the Commercial Dog and Cat Operator Inspection Act, any alleged violation of the rules and regulations of the department, any alleged violation of an order of the director, or any other existing condition posing a significant threat to the health or safety of the dogs or cats harbored or owned by an applicant or a licensee constitutes cruel neglect, abandonment, or cruel mistreatment pursuant to section 28-1009, the director may direct a special investigator employed by the department as authorized pursuant to section 81-201 to exercise the authorities of a law enforcement officer pursuant to sections 28-1011 and 28-1012 with respect to the dogs or cats or may request any other law enforcement officer as defined in section 28-1008 to inspect, care for, or impound the dogs or cats pursuant to sections 28-1011 and 28-1012. Any assignment of a special investigator by the director or referral to another law enforcement officer pursuant to this section shall be in cooperation and coordination with appropriate law enforcement agencies, political subdivisions, animal shelters, humane societies, and other appropriate entities, public or private, to provide for the care, shelter, and disposition of animals impounded pursuant to this section.

Source:Laws 2015, LB360, § 22.

54-634. Violation; penalty.

(1) It is unlawful for a person to operate without a valid license or operate while a license is revoked or suspended if a license is required by the Commercial Dog and Cat Operator Inspection Act. A licensee shall not operate in any manner which is not in conformity with the act or the rules and regulations adopted and promulgated pursuant thereto or interfere with the duties of the department or any final order of the director pursuant to the act.

(2) Any person who violates any provision of the act is guilty of a Class I misdemeanor.

Source:Laws 2000, LB 825, § 10.

54-634.01. Prohibited acts.

It shall be a violation of the Commercial Dog and Cat Operator Inspection Act for any person to (1) deny access to any officer, agent, employee, or appointee of the department or offer any resistance to, thwart, or hinder such persons by misrepresentation or concealment, (2) violate a stop-movement order issued under section 54-628.01, (3) fail to disclose all locations housing dogs or cats owned or controlled by such person, or (4) fail to pay any administrative fine levied pursuant to section 54-633.

Source:Laws 2009, LB241, § 9.

54-635. Commercial Dog and Cat Operator Inspection Program Cash Fund; created; use; investment.

The Commercial Dog and Cat Operator Inspection Program Cash Fund is created and shall consist of money appropriated by the Legislature, gifts, grants, costs, fees, or charges from any source, including federal, state, public, and private sources. The money shall be used to carry out the Commercial Dog and Cat Operator Inspection Act. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.

Source:Laws 2000, LB 825, § 11; Laws 2016, LB909, § 3.

Cross References

Nebraska Capital Expansion Act, see section 72-1269.

Nebraska State Funds Investment Act, see section 72-1260.

54-636. Department; enforcement powers.

The department may cooperate with the Secretary of Agriculture in carrying out applicable federal law and the regulations issued by the Secretary of Agriculture under such law. The department may enter into contracts with any person to implement any or all of the provisions of the Commercial Dog and Cat Operator Inspection Act.

Source:Laws 2000, LB 825, § 12.

54-637. Information on spaying and neutering; requirements.

(1) Every dealer, commercial dog or cat breeder, animal shelter, animal rescue, animal control facility, or pet shop or any other retailer, who transfers ownership of a dog or cat to an ultimate consumer, shall deliver to the ultimate consumer of each dog or cat at the time of sale, written material, in a form determined by such seller, containing information on the benefits of spaying and neutering. The written material shall include recommendations on establishing a relationship with a veterinarian, information on early-age spaying and neutering, the health benefits associated with spaying and neutering pets, the importance of minimizing the risk of homeless or unwanted animals, and the need to comply with applicable license laws.

(2) The delivering of any model materials prepared by the Pet Industry Joint Advisory Council or the Nebraska Humane Society shall satisfy the requirements of subsection (1) of this section.

Source:Laws 2003, LB 274, § 4; Laws 2010, LB910, § 8; Laws 2012, LB427, § 5.

54-638. Provision for spaying or neutering; when.

Provision shall be made for spaying or neutering all dogs and cats released for adoption or purchase from any public or private animal shelter, animal rescue, or animal control facility operated by a humane society, a county, a city, or another political subdivision. Such provision may be made by:

(1) Causing the dog or cat to be spayed or neutered by a licensed veterinarian before releasing the dog or cat for adoption or purchase; or

(2) Entering into a written agreement with the adopter or purchaser of the dog or cat, guaranteeing that spaying or neutering will be performed by a licensed veterinarian in compliance with an agreement which shall contain the following information:

(a) The date of the agreement;

(b) The name, address, and signature of the releasing entity and the adopter or purchaser;

(d) A statement, in conspicuous bold print, that spaying or neutering of the dog or cat is required pursuant to this section; and

(e) The date by which the spaying or neutering will be completed, which date shall be (i) in the case of an adult dog or cat, the thirtieth day after the date of adoption or purchase or (ii) in the case of a pup or kitten, either (A) the thirtieth day after a specified date estimated to be the date the pup or kitten will reach six months of age or (B) if the releasing entity has a written policy recommending spaying or neutering of certain pups or kittens at an earlier date, the thirtieth day after such date.

Source:Laws 2003, LB 274, § 5; Laws 2010, LB910, § 9.

54-639. Adopter or purchaser; agreement; requirements.

An adopter or purchaser who signs an agreement under section 54-638 shall cause the adopted or purchased dog or cat to be spayed or neutered on or before the date stated in the agreement. If such date falls on a Saturday, Sunday, or legal holiday, the date may be extended to the first business day following such date. The releasing entity may extend the date for thirty days upon presentation of a letter or telephone report from a licensed veterinarian, stating that the life or health of the adopted or purchased dog or cat would be jeopardized by spaying or neutering, and such extensions may continue to be granted until such veterinarian determines that spaying or neutering would no longer jeopardize the life or health of the adopted or purchased dog or cat.

Source:Laws 2003, LB 274, § 6.

54-640. Commercial dog or cat breeder; duties.

A commercial dog or cat breeder shall:

(1) Maintain housing facilities and primary enclosures in a sanitary condition;

(2) Enable all dogs and cats to remain dry and clean;

(3) Provide shelter and protection from extreme temperatures and weather conditions that may be uncomfortable or hazardous to the dogs and cats;

(4) Provide sufficient shade to shelter all the dogs and cats housed in the primary enclosure at one time;

(5) Provide dogs and cats with easy and convenient access to adequate amounts of clean food and water;

(6) Provide dogs with adequate socialization. For purposes of this subdivision, adequate socialization means physical contact with other dogs and with human beings, other than being fed;

(7) Assure that a handler's hands are washed before and after handling each infectious or contagious cat;

(8) Maintain a written veterinary care plan developed in conjunction with an attending veterinarian; and

(9) Provide veterinary care without delay when necessary.

Source:Laws 2003, LB 274, § 7; Laws 2009, LB241, § 10; Laws 2012, LB427, § 6.

54-641. Licensees; primary enclosures; requirements.

The primary enclosures of all licensees shall meet the following requirements:

(1) A primary enclosure shall provide adequate space appropriate to the age, size, weight, and breed of each dog or cat. For purposes of this subdivision, adequate space means sufficient room to allow each dog or cat to turn around without touching another animal, to stand, sit, and lie in a comfortable, normal position, and to walk in a normal manner without the head of such animal touching the top of the enclosure, which shall be at least six inches above the head of the tallest animal when the animal is standing;

(2) A primary enclosure shall have solid surface flooring or a flooring material that protects the dogs' and cats' feet and legs from injury and that, if of mesh or slatted construction, do not allow the dogs' and cats' feet to pass through any openings in the floor;

(3) If a primary enclosure has a suspended floor constructed of metal strands, the strands shall either be greater than one-eighth of an inch in diameter (nine gauge) or coated with a material such as plastic or fiberglass; and

(4) The suspended floor of any primary enclosure shall be strong enough so that the floor does not sag or bend between the structural supports.

Source:Laws 2003, LB 274, § 8; Laws 2012, LB427, § 7.

54-641.01. Commercial dog breeder; dogs; opportunity for exercise.

(1) A commercial dog breeder shall provide dogs with the opportunity for exercise as follows:

(a) A primary enclosure shall have an entry that allows each dog unfettered access to an exercise area that is at least three times the size of the requirements for a primary enclosure. The entry may be closed during cleaning, under direction of a licensed veterinarian, or in the case of inclement weather. The exercise area shall have solid surface flooring or a flooring material that if of mesh or slatted construction does not allow the dog's feet to pass through any openings in the floor. Any exercise area suspended floor constructed of metal strands shall be required to have strands that are greater than one-eighth of an inch in diameter (nine gauge) or coated with a material such as plastic or fiberglass. All suspended flooring shall be strong enough so as not to sag or bend between any structural supports and be of a surface that is easily cleaned and disinfected. The exercise area shall have protection available from wind, rain, and snow if access to the primary enclosure is unavailable; and

(b) Any dog not housed in a primary enclosure that meets the exercise area requirements of subdivision (a) of this subsection shall be provided with the opportunity for exercise according to a plan approved by the attending veterinarian, in writing. The opportunity for exercise shall be accomplished by:

(i) Providing access to a run or open area at a frequency and duration prescribed by the attending veterinarian; or

(ii) Removal of the dogs from the primary enclosure at least twice daily to be walked, allowed to move about freely in an open area, or placed in an exercise area that meets the requirements of subdivision (a) of this subsection.

(2) Subsection (1) of this section shall not apply to:

(a) Any dog that is less than six months of age;

(b) The primary enclosure of a nursing facility that houses any female dog that is due to give birth within the following two weeks or a nursing dog and her puppies;

(c) Any dog that is injured or displays any clinical signs of disease. In such case, any injury or clinical signs of disease shall be noted in the dog's health records and the dog shall be returned to exercise upon recovery from such injury or disease; or

(d) Any dog that is excluded from the exercise requirements of subsection (1) of this section pursuant to a written directive of a licensed veterinarian.

(3) Any primary enclosure newly constructed after October 1, 2012, shall comply with subdivision (1)(a) of this section. A primary enclosure in existence on October 1, 2012, shall not be required to comply with subdivision (1)(a) of this section for the life of such facility.

Source:Laws 2012, LB427, § 8.

54-641.02. Commercial dog breeder; veterinary care; review of health records; duties of breeder.

(1) A commercial dog breeder shall ensure that each dog under his or her care, supervision, or control receives adequate veterinary care. A commercial dog breeder's written veterinary care plan shall provide for, in addition to requirements prescribed by rule and regulation of the department:

(a) The maintenance of individual health records for each dog bought, raised, or otherwise obtained, held, kept, maintained, sold, donated, or otherwise disposed of, including by death or euthanasia, except that litter health records may be kept on litters when litter mates are treated with the same medication or procedure;

(b) Establishment of a program of disease control and prevention, pest and parasite control, before and after procedure care, nutrition, and euthanasia supervised by the attending veterinarian. Such program shall provide for regularly scheduled onsite visits to the facility by the veterinarian and shall be annually reviewed and updated by the veterinarian at the time of an onsite visit that includes the veterinarian's walk-through of the facility and observation by the veterinarian of dogs under the commercial dog breeder's care, supervision, or control; and

(c) A wellness examination by a licensed veterinarian of each breeding dog at least once every three years, to include a basic physical and dental examination and corresponding notations entered into the dog's health records. Such examination shall not require laboratory analysis unless directed by the veterinarian.

(2) During regularly scheduled inspections of a commercial dog breeder's facility conducted by the department, the health records of a random sample of at least five percent of the breeding dogs shall be reviewed to verify that such records correspond to the dog's permanent identification and verify that the health records are properly maintained.

(3) For each dog under the commercial dog breeder's care, supervision, or control, the breeder shall:

(a) Ensure that all breeding dogs receive regular grooming. Coat matting shall not exceed ten percent, and nails shall be trimmed short enough to ensure the comfort of the dog;

(b) Contact a licensed veterinarian without delay after an occurrence of a serious or life-threatening injury or medical condition of such dog. The dog shall be treated as prescribed by the veterinarian;

(c) Ensure that all surgical births or other surgical procedures shall be performed by a licensed veterinarian using anesthesia. Commercial dog breeders may remove dew claws and perform tail docking under sterile conditions within the first seven days of the dog's life. Wounds shall be treated and monitored by the breeder; and

(d) Ensure that, if euthanasia is necessary, it shall be performed by a licensed veterinarian in accordance with recommendations for the humane euthanization of dogs as published by the American Veterinary Medical Association.

Source:Laws 2012, LB427, § 9.

54-641.03. Breeding dog; microchip; identification.

Each breeding dog shall be identified by the implantation of a microchip, and each dog's health records shall accurately record the appropriate identification. The department may by rule or regulation require identification of any dog by tag, tattoo, or other method if the microchip system is determined to be ineffective. A commercial dog breeder licensed prior to October 1, 2012, who utilizes a method or methods of identification other than microchipping as authorized by rule and regulation of the department prior to October 1, 2012, may continue to utilize such method or methods.

Source:Laws 2012, LB427, § 10.

54-642. Department; submit report of costs and revenue.

On or before November 1 of each year, the department shall submit electronically a report to the Legislature in sufficient detail to document all costs incurred in the previous fiscal year in carrying out the Commercial Dog and Cat Operator Inspection Act. The report shall identify costs incurred by the department to administer the act and shall detail costs incurred by primary activity. The department shall also provide a breakdown by category of all revenue credited to the Commercial Dog and Cat Operator Inspection Program Cash Fund in the previous fiscal year. The Agriculture Committee and Appropriations Committee of the Legislature shall review the report to ascertain program activity levels and to determine funding requirements of the program.

Source:Laws 2006, LB 856, § 16; Laws 2012, LB782, § 82.

54-643. Administrative fines; disposition; lien; collection.

(1) All money collected by the department pursuant to section 54-633 shall be remitted to the State Treasurer for distribution in accordance with Article VII, section 5, of the Constitution of Nebraska.

(2) Any administrative fine levied pursuant to section 54-633 which remains unpaid for more than sixty days shall constitute a debt to the State of Nebraska which may be collected in the manner of a lien foreclosure or sued for and recovered in a proper form of action in the name of the state in the district court of the county in which the violator resides or owns property.

Source:Laws 2007, LB12, § 9.

54-644. Act, how cited.

Sections 54-644 to 54-650 shall be known and may be cited as the Dog and Cat Purchase Protection Act.

Source:Laws 2009, LB241, § 11.

54-645. Terms, defined.

For purposes of the Dog and Cat Purchase Protection Act:

(1) Casual breeder means any person, other than a commercial dog or cat breeder as such terms are defined in section 54-626, who offers for sale, sells, trades, or receives consideration for one or more pet animals from a litter produced by a female dog or cat owned by such casual breeder;

(2) Clinical symptom means indication of an illness or dysfunction that is apparent to a veterinarian based on the veterinarian's observation, examination, or testing of an animal or on a review of the animal's medical records;

(3) Health certificate means the official small animal certificate of veterinary inspection of the Department of Agriculture;

(4) Pet animal means a dog, wholly or in part of the species Canis familiaris, or a cat, wholly or in part of the species Felis domesticus, that is under fifteen months of age;

(5) Purchaser means the final owner of a pet animal purchased from a seller. Purchaser does not include a person who purchases a pet animal for resale;

(6) Seller means a casual breeder or any commercial establishment, including a commercial dog or cat breeder, dealer, or pet shop as such terms are defined in section 54-626, that engages in a business of selling pet animals to a purchaser. A seller does not include an animal control facility, animal rescue, or animal shelter as defined in section 54-626 or any animal adoption activity that an animal control facility, animal rescue, or animal shelter conducts offsite at any pet store or other commercial establishment; and

(7)(a) Serious health problem means a congenital or hereditary defect or contagious disease that causes severe illness or death of the pet animal.

(b) Serious health problem does not include (i) parvovirus if the diagnosis of parvovirus is made after the seven-business-day requirement in subsection (1) of section 54-647 or (ii) any other contagious disease that causes severe illness or death after ten calendar days after delivery of the pet animal to the purchaser.

Source:Laws 2009, LB241, § 12; Laws 2010, LB910, § 10; Laws 2012, LB427, § 11; Laws 2020, LB344, § 65.

54-646. Seller; written disclosure statement; contents; receipt; notice of purchaser's rights and responsibilities; health certificate; retention of records.

(1) A seller shall deliver to the purchaser at the time of sale of a pet animal a written disclosure statement containing the following information regarding the pet animal:

(a) The name, address, and license number of any commercial dog or cat breeder or dealer as such terms are defined in section 54-626 or, if applicable, the United States Department of Agriculture license number of the breeder or any broker who has had possession of the animal prior to the seller's possession;

(b) The date of the pet animal's birth, if known, the state in which the pet animal was born, if known, and the date the seller received the pet animal;

(c) The sex and color of the pet animal, any other identifying marks apparent upon the pet animal, and the breed of the pet animal, if known, or a statement that the breed of the pet animal is unknown or the pet animal is of mixed breed;

(d) The pet animal's individual identifying tag, tattoo, microchip number, or collar number;

(e) The names and registration numbers of the sire and dam and the litter number, if applicable and if known;

(f) A record of any vaccination, worming treatment, or medication administered to the pet animal while in the possession of the seller and, if known, any such vaccination, treatment, or medication administered to the pet animal prior to the date the seller received the pet animal; and

(g) The date or dates of any examination of the pet animal by a licensed veterinarian while in the possession of the seller.

(2) The seller may include any of the following with the written disclosure statement required by subsection (1) of this section:

(a) A statement that a veterinarian examined the pet animal and, at the time of the examination, the pet animal had no apparent or clinical symptoms of a serious health problem that would adversely affect the health of the pet animal at the time of sale or that is likely to adversely affect the health of the pet animal in the future; and

(b) A record of any serious health problem that adversely affects the pet animal at the time of sale or that is likely to adversely affect the health of the pet animal in the future.

(3) The written disclosure statement made pursuant to this section shall be signed by the seller certifying the accuracy of the written disclosure statement and by the purchaser acknowledging receipt of the written disclosure statement. In addition to information required to be given to a purchaser under this section, at the time of sale the seller shall provide the purchaser with written notice of the existence of the purchaser's rights and responsibilities under the Dog and Cat Purchase Protection Act or a legible copy of the act.

(4) If the pet animal is sold to a purchaser who resides outside of the state or intends that the pet animal will be relocated or permanently domiciled outside of the state, the seller shall provide the purchaser with a health certificate signed by a licensed veterinarian who has examined the pet animal and is authorized to certify such certificate.

(5) The seller shall maintain a copy of any written disclosure statements made and any other records on the health, status, or disposition of each pet animal for at least one year after the date of sale to a purchaser.

Source:Laws 2009, LB241, § 13; Laws 2012, LB427, § 12.

54-647. Recourse to remedies; purchaser; duties; notice to seller; remedies.

(1) In order to have recourse to the remedies available to purchasers under this section, a purchaser shall have the pet animal examined by a licensed veterinarian within seven business days after delivery of the pet animal to the purchaser. The pet animal shall be declared unfit for sale and the purchaser may obtain one of the remedies listed in subsection (2) or (3) of this section if (a) during such examination, the veterinarian diagnoses the pet animal with a serious health problem that the veterinarian believes existed at the time of delivery of the pet animal to the purchaser or (b) within fifteen months after the date of birth of the pet animal, a veterinarian diagnoses the pet animal with a serious health problem or states in writing that the pet animal has died from a serious health problem that the veterinarian believes existed at the time of delivery of the pet animal to the purchaser.

(2) If a pet animal is diagnosed with a serious health problem under subsection (1) of this section, the purchaser shall notify the seller within two business days after the diagnosis and provide the seller with the name and telephone number of the veterinarian or a copy of the veterinarian's report. After such notification, the purchaser may obtain one of the following remedies from the seller:

(a) A refund of the full purchase price of the pet animal upon return of such pet animal to the seller;

(b) An exchange for a pet animal of the purchaser's choice of equivalent value, if such pet animal is available, upon return of the pet animal, if alive, to the seller; or

(3) If a pet animal dies from a serious health problem as determined under subsection (1) of this section, the purchaser shall notify the seller within two business days after receipt of the written statement of the veterinarian by the purchaser and shall provide the seller with a copy of such written statement. After receipt of the written statement by the seller, the purchaser may obtain one of the following remedies from the seller:

(a) A refund of the full purchase price of the pet animal; or

(b) A pet animal of the purchaser's choice of equivalent value, if such pet animal is available, and reimbursement for reasonable veterinary fees not to exceed one-half of the full purchase price of the pet animal.

(4) For purposes of this section, veterinary fees shall be deemed reasonable if the service is appropriate for the diagnosis and treatment of the serious health problem and the cost of the service is comparable to similar services provided by licensed veterinarians in close proximity to the treating veterinarian.

Source:Laws 2009, LB241, § 14.

54-648. Denial of refund, reimbursement of fees, or replacement; conditions.

No refund or reimbursement of fees or replacement of a pet animal under section 54-647 shall be required if one or more of the following conditions exist:

(1) The serious health problem or death of the pet animal resulted from maltreatment, neglect, or injury occurring after delivery of the pet animal to the purchaser;

(2) Any written disclosure statements provided by a seller pursuant to subsection (2) of section 54-646 disclosed the serious health problem for which the purchaser is seeking a remedy; or

(3) The purchaser failed to follow through with preventative care, including, but not limited to, vaccinations, deworming treatment, or medication, recommended by a licensed veterinarian examining the pet animal.

Source:Laws 2009, LB241, § 15.

54-649. Purchaser; file action; seller's rights; limit of recovery.

(1) If a seller does not comply with a demand for remedy by a purchaser under section 54-647, the purchaser may file an action in a court of competent jurisdiction.

(2) If a seller contests a demand for remedy by a purchaser under section 54-647, the seller may require the purchaser to produce the pet animal for examination or autopsy by a licensed veterinarian designated by the seller. The seller shall pay for all costs associated with such examination or autopsy. The seller shall have a right of recovery against the purchaser if the seller is not obligated to provide the remedy sought.

(3) The prevailing party in a proceeding under this section shall be limited to a recovery of actual costs and no more than five hundred dollars in reasonable attorney's fees.

Source:Laws 2009, LB241, § 16.

54-650. Other rights and remedies not limited; act; how construed.

Nothing in the Dog and Cat Purchase Protection Act shall limit any rights and remedies otherwise available under the laws of this state. Any agreement or contract entered into by a seller and a purchaser waiving any rights under the act is void. Nothing in the Dog and Cat Purchase Protection Act shall be construed to limit a seller to offering only those warranties, express or implied, required by the act.

Source:Laws 2009, LB241, § 17.

54-701. Repealed. Laws 2020, LB344, § 82.

54-701.01. Repealed. Laws 2020, LB344, § 82.

54-701.02. Repealed. Laws 2020, LB344, § 82.

54-701.03. Repealed. Laws 2020, LB344, § 82.

54-702. Repealed. Laws 2020, LB344, § 82.

54-702.01. Repealed. Laws 2020, LB344, § 82.

54-702.02. Repealed. Laws 1965, c. 8, § 58.

54-702.03. Repealed. Laws 1965, c. 8, § 58.

54-703. Repealed. Laws 2020, LB344, § 82.

54-704. Repealed. Laws 2020, LB344, § 82.

54-705. Repealed. Laws 2020, LB344, § 82.

54-706. Repealed. Laws 2007, LB 110, § 20.

54-706.01. Repealed. Laws 2020, LB344, § 82.

54-706.02. Repealed. Laws 2020, LB344, § 82.

54-706.03. Repealed. Laws 2020, LB344, § 82.

54-706.04. Repealed. Laws 2020, LB344, § 82.

54-706.05. Repealed. Laws 2020, LB344, § 82.

54-706.06. Repealed. Laws 2020, LB344, § 82.

54-706.07. Repealed. Laws 2020, LB344, § 82.

54-706.08. Repealed. Laws 2020, LB344, § 82.

54-706.09. Repealed. Laws 2020, LB344, § 82.

54-706.10. Repealed. Laws 2020, LB344, § 82.

54-706.11. Repealed. Laws 2020, LB344, § 82.

54-706.12. Bovine Tuberculosis Cash Fund; created; use; investment; termination.

The Bovine Tuberculosis Cash Fund is created. The fund shall consist of money appropriated by the Legislature and gifts, grants, costs, or charges from any source, including federal, state, public, and private sources. The fund shall be used to carry out the Bovine Tuberculosis Act. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act. The fund terminates on November 14, 2020, and the State Treasurer shall transfer any money in the fund on such date to the Animal Health and Disease Control Cash Fund.

Source:Laws 2007, LB110, § 12; Laws 2020, LB344, § 66.

Cross References

Nebraska Capital Expansion Act, see section 72-1269.

Nebraska State Funds Investment Act, see section 72-1260.

54-706.13. Repealed. Laws 2020, LB344, § 82.

54-706.14. Repealed. Laws 2020, LB344, § 82.

54-706.15. Repealed. Laws 2020, LB344, § 82.

54-706.16. Repealed. Laws 2020, LB344, § 82.

54-706.17. Repealed. Laws 2020, LB344, § 82.

54-707. Repealed. Laws 2007, LB 110, § 20.

54-708. Repealed. Laws 2007, LB 110, § 20.

54-709. Repealed. Laws 2007, LB 110, § 20.

54-710. Repealed. Laws 2007, LB 110, § 20.

54-711. Repealed. Laws 2007, LB 110, § 20.

54-712. Repealed. Laws 2007, LB 110, § 20.

54-713. Repealed. Laws 2007, LB 110, § 20.

54-714. Repealed. Laws 2007, LB 110, § 20.

54-715. Repealed. Laws 2007, LB 110, § 20.

54-716. Repealed. Laws 2007, LB 110, § 20.

54-717. Repealed. Laws 2007, LB 110, § 20.

54-718. Repealed. Laws 2007, LB 110, § 20.

54-719. Repealed. Laws 2007, LB 110, § 20.

54-720. Repealed. Laws 2007, LB 110, § 20.

54-721. Repealed. Laws 2007, LB 110, § 20.

54-722. Repealed. Laws 2007, LB 110, § 20.

54-723. Transferred to section 54-1412.

54-724. Transferred to section 54-1413.

54-724.01. Repealed. Laws 2015, LB 91, § 1.

54-724.02. Repealed. Laws 2015, LB 91, § 1.

54-725. Transferred to section 28-1304.01.

54-726. Repealed. Laws 1983, LB 264, § 3.

54-726.01. Repealed. Laws 1985, LB 23, § 1.

54-726.02. Repealed. Laws 1983, LB 264, § 3.

54-726.03. Repealed. Laws 1985, LB 23, § 1.

54-726.04. Repealed. Laws 2015, LB 91, § 1.

54-727. Repealed. Laws 1969, c. 446, § 10.

54-727.01. Repealed. Laws 1969, c. 446, § 10.

54-727.02. Repealed. Laws 1969, c. 446, § 10.

54-727.03. Repealed. Laws 1969, c. 446, § 10.

54-727.04. Repealed. Laws 1969, c. 446, § 10.

54-727.05. Repealed. Laws 1969, c. 446, § 10.

54-728. Repealed. Laws 1969, c. 446, § 10.

54-728.01. Repealed. Laws 1969, c. 446, § 10.

54-729. Repealed. Laws 1969, c. 446, § 10.

54-729.01. Repealed. Laws 1969, c. 446, § 10.

54-730. Repealed. Laws 1969, c. 446, § 10.

54-731. Repealed. Laws 1969, c. 446, § 10.

54-732. Repealed. Laws 1969, c. 446, § 10.

54-733. Repealed. Laws 1969, c. 446, § 10.

54-734. Repealed. Laws 1969, c. 446, § 10.

54-735. Repealed. Laws 1953, c. 184, § 9.

54-736. Repealed. Laws 1969, c. 449, § 17.

54-737. Repealed. Laws 1969, c. 449, § 17.

54-738. Repealed. Laws 1969, c. 449, § 17.

54-739. Repealed. Laws 1969, c. 449, § 17.

54-740. Repealed. Laws 1969, c. 449, § 17.

54-740.01. Repealed. Laws 1969, c. 449, § 17.

54-740.02. Repealed. Laws 1969, c. 449, § 17.

54-741. Repealed. Laws 1969, c. 449, § 17.

54-742. Repealed. Laws 2020, LB344, § 82.

54-743. Repealed. Laws 2020, LB344, § 82.

54-744. Repealed. Laws 2020, LB344, § 82.

54-744.01. Repealed. Laws 2020, LB344, § 82.

54-745. Repealed. Laws 2020, LB344, § 82.

54-746. Repealed. Laws 2020, LB344, § 82.

54-747. Repealed. Laws 2020, LB344, § 82.

54-748. Repealed. Laws 1987, LB 20, § 9.

54-749. Repealed. Laws 1983, LB 264, § 3.

54-750. Repealed. Laws 2020, LB344, § 82.

54-751. Repealed. Laws 2020, LB344, § 82.

54-752. Repealed. Laws 2020, LB344, § 82.

54-753. Repealed. Laws 2020, LB344, § 82.

54-753.01. Repealed. Laws 2020, LB344, § 82.

54-753.02. Repealed. Laws 1980, LB 631, § 6.

54-753.03. Repealed. Laws 1980, LB 631, § 6.

54-753.04. Repealed. Laws 2020, LB344, § 82.

54-753.05. Importation of livestock; embargo; violation; penalty.

Any person who shall import livestock or cause livestock to be imported into the State of Nebraska in violation of an embargo issued by the State Veterinarian of Nebraska shall be guilty of a Class IV felony.

Source:Laws 1959, c. 255, § 1, p. 889; Laws 1977, LB 39, § 27.

Cross References

Definitions, where found, see section 54-2902.

Annotations

Violation of this section held not to defeat registration of judgment obtained in Kansas. Miller v. Kingsley, 194 Neb. 123, 230 N.W.2d 472 (1975).

54-753.06. Transferred to section 54-7,109.

54-753.07. Repealed. Laws 1980, LB 631, § 6.

54-753.08. Repealed. Laws 1980, LB 631, § 6.

54-753.09. Repealed. Laws 1980, LB 631, § 6.

54-753.10. Repealed. Laws 1980, LB 631, § 6.

54-754. Repealed. Laws 2009, LB 99, § 21.

54-755. Repealed. Laws 2009, LB 99, § 21.

54-756. Repealed. Laws 2009, LB 99, § 21.

54-757. Repealed. Laws 2009, LB 99, § 21.

54-758. Repealed. Laws 2009, LB 99, § 21.

54-759. Repealed. Laws 2009, LB 99, § 21.

54-760. Repealed. Laws 2009, LB 99, § 21.

54-761. Repealed. Laws 2009, LB 99, § 21.

54-762. Repealed. Laws 2009, LB 99, § 21.

54-763. Repealed. Laws 2009, LB 99, § 21.

54-764. Repealed. Laws 2020, LB344, § 82.

54-764.01. Repealed. Laws 1965, c. 326, § 31.

54-764.02. Repealed. Laws 1965, c. 326, § 31.

54-765. Repealed. Laws 2020, LB344, § 82.

54-766. Repealed. Laws 2020, LB344, § 82.

54-767. Repealed. Laws 2020, LB344, § 82.

54-768. Repealed. Laws 2020, LB344, § 82.

54-769. Repealed. Laws 2020, LB344, § 82.

54-770. Repealed. Laws 2020, LB344, § 82.

54-771. Repealed. Laws 2020, LB344, § 82.

54-772. Repealed. Laws 2020, LB344, § 82.

54-773. Repealed. Laws 2020, LB344, § 82.

54-774. Repealed. Laws 2020, LB344, § 82.

54-775. Repealed. Laws 2020, LB344, § 82.

54-776. Repealed. Laws 2020, LB344, § 82.

54-777. Repealed. Laws 2020, LB344, § 82.

54-777.01. Repealed. Laws 1969, c. 449, § 17.

54-777.02. Repealed. Laws 1969, c. 449, § 17.

54-777.03. Repealed. Laws 1969, c. 449, § 17.

54-778. Anthrax Control Act Cash Fund; created; use; investment; termination.

The Anthrax Control Act Cash Fund is created. The fund shall consist of money appropriated by the Legislature and gifts, grants, costs, or charges from any source, including federal, state, public, and private sources. The fund shall be used to carry out the Anthrax Control Act. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act. The fund terminates on November 14, 2020, and the State Treasurer shall transfer any money in the fund on such date to the Animal Health and Disease Control Cash Fund.

Source:Laws 2009, LB99, § 15; Laws 2020, LB344, § 67.

Cross References

Nebraska Capital Expansion Act, see section 72-1269.

Nebraska State Funds Investment Act, see section 72-1260.

54-779. Repealed. Laws 2020, LB344, § 82.

54-780. Repealed. Laws 2020, LB344, § 82.

54-781. Repealed. Laws 2020, LB344, § 82.

54-782. Repealed. Laws 1969, c. 449, § 17.

54-783. Repealed. Laws 1969, c. 449, § 17.

54-784. Repealed. Laws 1969, c. 449, § 17.

54-784.01. Repealed. Laws 2020, LB344, § 82.

54-785. Repealed. Laws 2020, LB344, § 82.

54-786. Repealed. Laws 2020, LB344, § 82.

54-787. Repealed. Laws 2020, LB344, § 82.

54-788. Repealed. Laws 2020, LB344, § 82.

54-789. Repealed. Laws 2020, LB344, § 82.

54-790. Repealed. Laws 2020, LB344, § 82.

54-791. Repealed. Laws 2020, LB344, § 82.

54-792. Repealed. Laws 2020, LB344, § 82.

54-793. Repealed. Laws 2020, LB344, § 82.

54-794. Repealed. Laws 2020, LB344, § 82.

54-795. Repealed. Laws 2020, LB344, § 82.

54-796. Repealed. Laws 2020, LB344, § 82.

54-797. Livestock certification program; department; duties; registry.

The Department of Agriculture shall provide voluntary livestock certification programs when requested by a livestock health committee and others when deemed by the department to be beneficial and appropriate for the livestock industry. The department shall work together with the appropriate livestock producers or groups and the Department of Veterinary and Biomedical Sciences of the University of Nebraska to establish procedures for the certification of participating herds. The Department of Agriculture may maintain a livestock certification registry for each livestock certification program that provides information regarding the voluntary certification program and may include the names of participating livestock producers who have a herd or flock enrolled in the voluntary livestock certification program.

Source:Laws 2001, LB 438, § 10; Laws 2020, LB344, § 68.

Cross References

Definitions, where found, see section 54-2902.

54-798. Livestock certification program; application; costs.

A livestock producer may request certification by completing an application for herd certification on a form provided by the department. The livestock producers who choose to participate in a voluntary livestock certification program shall pay the primary costs of the program, including all on-farm testing costs. The department may use funds appropriated by the Legislature, when available, to offset the costs of disease research and laboratory testing when done in conjunction with a voluntary livestock certification program.

Source:Laws 2001, LB 438, § 11.

Cross References

Definitions, where found, see section 54-2902.

54-799. Livestock certification program; livestock producer; powers.

A livestock producer who is listed in a livestock certification registry may provide registry and certification information regarding the livestock herd when selling livestock from the herd.

Source:Laws 2001, LB 438, § 12.

Cross References

Definitions, where found, see section 54-2902.

54-7,100. Livestock certification program; removal from registry; procedure.

(1) The department shall remove the name of a livestock producer from a livestock certification registry if the livestock producer has issued false records or statements or has made misleading claims to the department with regard to livestock certification when such records, statements, or claims cause, or could cause, the department to incorrectly include the name of a livestock producer in the certification registry.

(2) Before removal, the department shall notify the livestock producer in writing of the department's intention and the reasons for the intended removal from the registry. The notice shall inform the applicant of his or her right to request an administrative hearing before the director regarding his or her removal from the registry. A request for hearing shall be in writing and shall be filed with the department within thirty days after the service of the notice is made. If a request for hearing is filed within the thirty-day period, at least twenty days before the hearing the director shall notify the livestock producer of the time, date, and place of the hearing. Such proceeding may be appealed as a contested case under the Administrative Procedure Act.

(3) A livestock producer whose name is removed from a livestock certification registry for the first time shall not be eligible to reapply for twelve months from the date of removal. A livestock producer whose name is removed from a registry a subsequent time shall not be eligible to reapply for thirty-six months from the date of removal.

Source:Laws 2001, LB 438, § 13.

Cross References

Administrative Procedure Act, see section 84-920.

Definitions, where found, see section 54-2902.

54-7,101. Livestock certification program; department; immunity.

The department and its representatives shall not be held liable for unintentional loss or damage which occurs during certification testing, surveillance and monitoring, disease reporting, or disease research and laboratory testing, or because of certification or lack thereof in a voluntary livestock certification program.

Source:Laws 2001, LB 438, § 14.

Cross References

Definitions, where found, see section 54-2902.

54-7,102. Livestock certification program; information; disclosure; when.

Information collected or published by the department pursuant to sections 54-797 to 54-7,103 shall not disclose the identity of individual livestock producers, except for:

(1) Information published in a livestock certification registry; and

(2) Information collected for the purpose of a voluntary livestock certification program that may be disclosed by the State Veterinarian when, in his or her judgment, failure to disclose the name of a livestock producer or producers could result in the spread of a dangerous, contagious, infectious, or otherwise transmissible disease to and among livestock.

Source:Laws 2001, LB 438, § 15.

Cross References

Definitions, where found, see section 54-2902.

54-7,103. Livestock certification program; department; powers.

The department may establish procedures to implement sections 54-797 to 54-7,103.

Source:Laws 2001, LB 438, § 16.

Cross References

Definitions, where found, see section 54-2902.

54-7,104. Livestock; care.

(1) Each express company engaged in the business of receiving and transporting freight in this state shall, when livestock is entrusted to its care for shipment or transportation, exercise due care and diligence in protecting such livestock from all inclement weather during the period of such shipment. All such express companies shall provide for the proper housing of any livestock, whether crated or uncrated, entrusted to its care at any point where such express company receives freight to be shipped to other points or at any point where such express company receives freight transported from other points.

(2) Any violation of this section is a Class V misdemeanor.

Source:Laws 1915, c. 177, § 1, p. 361; C.S.1922, § 7138; C.S.1929, § 86-507; R.S.1943, § 86-502; R.S.1943, (1999), § 86-502; Laws 2002, LB 1105, § 441.

Cross References

Livestock transportation authority form, see section 54-1,115.

54-7,105. Act, how cited; purpose.

(1) Sections 54-7,105 to 54-7,109 shall be known and may be cited as the Exotic Animal Auction or Exchange Venue Act.

(2) The purpose of the Exotic Animal Auction or Exchange Venue Act is to require an exotic animal auction or exchange venue organizer to obtain a permit from the department before conducting an exotic animal auction or exchange venue and to maintain records for animal disease tracking purposes. Exotic animals sold at an exotic animal auction or exchange venue are often foreign to the United States or to the State of Nebraska. These exotic animals may carry dangerous, infectious, contagious, or otherwise transmissible diseases, including foreign animal diseases, which could pose a threat to Nebraska's livestock health and the livestock industry.

Source:Laws 2006, LB 856, § 6; Laws 2014, LB884, § 13; Laws 2020, LB344, § 69.

Cross References

Violations, prohibited acts, penalties, see sections 54-2953 to 54-2956.

54-7,105.01. Terms, defined.

For purposes of the Exotic Animal Auction or Exchange Venue Act:

(1) Accredited veterinarian has the same meaning as in section 54-2903;

(2) Animal has the same meaning as in section 54-2906;

(3) Animal welfare organization has the same meaning as in section 54-2503;

(4) Certificate of veterinary inspection means a legible document approved by the department, either paper copy or electronic, issued by an accredited veterinarian at the point of origin of an animal movement which records the (a) name and address of both consignor and consignee, (b) purpose of animal's movement, (c) destination in the state which includes the street address or enhanced-911 address of the premises, (d) age, breed, sex, and number of animals in the shipment, (e) description of the animals, (f) individual identification, when required, and (g) health examination date of the animals. The certificate of veterinary inspection is an acknowledgment by the accredited veterinarian of the apparent absence of any infectious, dangerous, contagious, or otherwise transmissible disease of any animal sold or offered for sale, purchased, bartered, or other change of ownership at an exotic animal auction or exchange venue;

(5) Change of ownership means the transfer within the State of Nebraska of possession or control of an animal allowed to be transferred through consignment, sale, purchase, barter, lease, exchange, trade, gift, or any other transfer of possession or control at an exotic animal auction or exchange venue;

(6) Dangerous disease has the same meaning as in section 54-2911;

(7) Department means the Department of Agriculture of the State of Nebraska;

(8) Domesticated cervine animal has the same meaning as in section 54-2914;

(9) Exotic animal means any animal which is not commonly sold through licensed livestock auction markets pursuant to the Livestock Auction Market Act. Such animals shall include, but not be limited to, miniature cattle (bovine), miniature horses, miniature donkeys, sheep (ovine), goats (caprine), alpacas (camelid), llamas (camelid), pot-bellied pigs (porcine), and small mammals, with the exception of cats of the Felis domesticus species and dogs of the Canis familiaris species. The term also includes birds and poultry. The term does not include beef and dairy cattle, calves, swine, bison, or domesticated cervine animals;

(10) Exotic animal auction or exchange venue means any event or location, other than a livestock auction market as defined in section 54-1158 or events by an animal welfare organization or at an animal welfare organization location, where (a) an exotic animal is consigned, purchased, sold, traded, bartered, given away, or otherwise transferred, (b) an offer to purchase an exotic animal is made, (c) an exotic animal is offered to be consigned, sold, traded, bartered, given away, or otherwise transferred, or (d) any other event or location where there is a change of ownership of an exotic animal;

(11) Exotic animal auction or exchange venue organizer means a person in charge of organizing an exotic animal auction or exchange venue event, and may include any person who: (a) Arranges events for third parties to have private sales or trades of exotic animals; (b) organizes or coordinates exotic animal auctions or exchange venues; (c) leases out areas for exotic animal auctions or exchange venues; (d) provides or coordinates other similar arrangements involving exotic animals at retail establishments such as feed and supply stores, farm implement stores, and farm and ranch stores, which allow such sales in or on the premises; or (e) takes exotic animals for consignment on behalf of third parties;

(12) Officially identified means the application of an official identification device or method approved by the United States Department of Agriculture, Animal and Plant Health Inspection Service, Veterinary Services; and

(13) Poultry has the same meaning as in section 54-2926.

Source:Laws 2014, LB884, § 14; Laws 2020, LB344, § 70.

Cross References

Livestock Auction Market Act, see section 54-1156.

54-7,106. Permit; notification requirements; application; denial; grounds; prohibited acts.

(1) Each exotic animal auction or exchange venue organizer shall apply for a permit and notify the department at least thirty days prior to the date on which the exotic animal auction or exchange venue is to be held. An applicant for a permit shall verify upon the application that the applicant has contracted the services of an accredited veterinarian to be present during the exotic animal auction or exchange venue as required under subsection (4) of section 54-7,108. Notification shall include the location, time, and dates of the exotic animal auction or exchange venue and the name and address of the exotic animal auction or exchange venue organizer. Notification shall be made in writing or by facsimile transmission. If a livestock auction market holds an exotic animal auction or exchange venue through its licensed livestock auction market, such livestock auction market shall comply with the Exotic Animal Auction or Exchange Venue Act for purposes of the exotic animal auction or exchange venue.

(2) The department may deny an application for a permit if the application does not satisfy the requirements of subsection (1) of this section, for previous acts or omissions of the applicant in noncompliance with the Exotic Animal Auction or Exchange Venue Act, or upon a determination that the applicant is unable to fulfill the duties and responsibilities of a permittee under the act.

(3) No person shall conduct an exotic animal auction or exchange venue without a permit issued pursuant to this section.

(4) No change of ownership of bovine, camelid, caprine, ovine, or porcine animals may occur at private treaty on the premises where the exotic animal auction or exchange venue is being held for the twenty-four-hour period prior to commencement of the exotic animal auction or exchange venue, nor for twenty-four hours following such event, unless such animals have a certificate of veterinary inspection at change of ownership.

Source:Laws 2006, LB 856, § 7; Laws 2014, LB884, § 15.

Cross References

Violations, prohibited acts, penalties, see sections 54-2953 to 54-2956.

54-7,107. Records; contents; access by department.

(1) An exotic animal auction or exchange venue organizer shall maintain records for each exotic animal auction or exchange venue such organizer arranges, organizes, leases areas for, consigns, or otherwise coordinates at least five years after the date of the exotic animal auction or exchange venue. The records shall include:

(a) The name, address, and telephone number of the exotic animal auction or exchange venue organizer;

(b) The name and address of all persons who purchased, sold, traded, bartered, gave away, or otherwise transferred an exotic animal at the exotic animal auction or exchange venue;

(c) The number of and species or type of each exotic animal purchased, sold, traded, bartered, given away, or otherwise transferred at the exotic animal auction or exchange venue;

(d) The date of purchase, sale, trade, barter, or other transfer of an exotic animal at the exotic animal auction or exchange venue; and

(e) When required by the Animal Health and Disease Control Act or the Exotic Animal Auction or Exchange Venue Act, a copy of the completed certificate of veterinary inspection for each exotic animal purchased, sold, traded, bartered, given away, or otherwise transferred at the exotic animal auction or exchange venue.

(2) An exotic animal auction or exchange venue organizer shall, during all reasonable times, permit authorized employees and agents of the department to have access to and to copy any or all records relating to his or her exotic animal auction or exchange venue business.

(3) When necessary for the enforcement of the Exotic Animal Auction or Exchange Venue Act or any rules and regulations adopted and promulgated pursuant to such act, the authorized employees and agents of the department may access the records required by this section.

Source:Laws 2006, LB 856, § 8; Laws 2014, LB884, § 16; Laws 2020, LB344, § 71.

Cross References

Animal Health and Disease Control Act, see section 54-2901.

Violations, prohibited acts, penalties, see sections 54-2953 to 54-2956.

54-7,108. Prohibited transfers; certificate of veterinary inspection; duties of exotic animal auction or exchange venue organizer; requirements for certain animals.

(1) No beef or dairy cattle, calves, swine, bison, or domesticated cervine animals shall be, or offered to be, consigned, purchased, sold, bartered, traded, given away, or otherwise transferred at an exotic animal auction or exchange venue.

(2) An exotic animal auction or exchange venue organizer shall contact the department if a particular animal cannot be readily identified as an animal that is prohibited from being consigned, purchased, sold, bartered, traded, given away, or otherwise transferred at an exotic animal auction or exchange venue under this section.

(3) No bovine, camelid, caprine, ovine, or porcine animal shall be, or be offered to be, consigned, purchased, sold, bartered, traded, given away, or otherwise transferred at an exotic animal auction or exchange venue unless, prior to a change of ownership or other transfer of the animal, a completed certificate of veterinary inspection for such animal is presented to the exotic animal auction or exchange venue organizer. Such certificate of veterinary inspection shall be signed by an accredited veterinarian on the date of or no more than thirty days prior to the date the exotic animal auction or exchange venue is held.

(4) An exotic animal auction or exchange venue organizer shall contract with an accredited veterinarian to be present during the exotic animal auction or exchange venue for visually inspecting such exotic animals and to issue necessary certificates of veterinary inspection for change of ownership when required by the Animal Health and Disease Control Act or the Exotic Animal Auction or Exchange Venue Act.

(5) All dairy goats imported into Nebraska shall have an official tuberculin test prior to import into Nebraska. All sheep and goats shall have official identification as required under the Animal Health and Disease Control Act.

(6) A copy of the certificate of veterinary inspection shall be submitted to the department by the exotic animal auction or exchange venue organizer within seven days from the date the exotic animal auction or exchange venue was held.

(7) Any bovine, camelid, caprine, ovine, or porcine animal which is not prohibited from transfer at an exotic animal auction or exchange venue shall be officially identified prior to change of ownership.

Source:Laws 2006, LB 856, § 9; Laws 2014, LB884, § 17; Laws 2020, LB344, § 72.

Cross References

Animal Health and Disease Control Act, see section 54-2901.

Violations, prohibited acts, penalties, see sections 54-2953 to 54-2956.

54-7,109. Compliance with game laws required.

Compliance with the Exotic Animal Auction or Exchange Venue Act does not relieve a person of the requirement to comply with the provisions of sections 37-477 to 37-479.

Source:Laws 2006, LB 856, § 10; R.S.1943, (2010), § 54-753.06; Laws 2014, LB884, § 18.

54-7,110. Repealed. Laws 2020, LB344, § 82.

54-801. Repealed. Laws 1951, c. 176, § 15.

54-802. Repealed. Laws 1951, c. 176, § 15.

54-803. Repealed. Laws 1951, c. 176, § 15.

54-804. Repealed. Laws 1951, c. 176, § 15.

54-805. Repealed. Laws 1951, c. 176, § 15.

54-806. Repealed. Laws 1951, c. 176, § 15.

54-807. Repealed. Laws 1951, c. 176, § 15.

54-808. Repealed. Laws 1951, c. 176, § 15.

54-809. Repealed. Laws 1951, c. 176, § 15.

54-810. Repealed. Laws 1951, c. 176, § 15.

54-811. Repealed. Laws 1951, c. 176, § 15.

54-812. Repealed. Laws 1951, c. 176, § 15.

54-813. Repealed. Laws 1951, c. 176, § 15.

54-814. Repealed. Laws 1951, c. 176, § 15.

54-815. Repealed. Laws 1951, c. 176, § 15.

54-816. Repealed. Laws 1951, c. 176, § 15.

54-817. Repealed. Laws 1951, c. 176, § 15.

54-818. Repealed. Laws 1951, c. 176, § 15.

54-819. Repealed. Laws 1986, LB 322, § 20.

54-820. Repealed. Laws 1986, LB 322, § 20.

54-820.01. Repealed. Laws 1986, LB 322, § 20.

54-821. Repealed. Laws 1986, LB 322, § 20.

54-822. Repealed. Laws 1986, LB 322, § 20.

54-823. Repealed. Laws 1986, LB 322, § 20.

54-824. Repealed. Laws 1986, LB 322, § 20.

54-825. Repealed. Laws 1986, LB 322, § 20.

54-826. Repealed. Laws 1986, LB 322, § 20.

54-826.01. Repealed. Laws 1986, LB 322, § 20.

54-827. Repealed. Laws 1986, LB 322, § 20.

54-828. Repealed. Laws 1986, LB 322, § 20.

54-829. Repealed. Laws 1975, LB 318, § 12.

54-830. Repealed. Laws 1986, LB 322, § 20.

54-831. Repealed. Laws 1986, LB 322, § 20.

54-832. Repealed. Laws 1986, LB 322, § 20.

54-833. Repealed. Laws 1986, LB 322, § 20.

54-834. Repealed. Laws 1986, LB 322, § 20.

54-835. Repealed. Laws 1986, LB 322, § 20.

54-836. Repealed. Laws 1986, LB 322, § 20.

54-837. Repealed. Laws 1986, LB 322, § 20.

54-838. Repealed. Laws 1986, LB 322, § 20.

54-839. Repealed. Laws 1986, LB 322, § 20.

54-840. Repealed. Laws 1986, LB 322, § 20.

54-841. Repealed. Laws 1986, LB 322, § 20.

54-842. Repealed. Laws 1986, LB 322, § 20.

54-843. Repealed. Laws 1986, LB 322, § 20.

54-844. Repealed. Laws 1981, LB 545, § 52.

54-845. Repealed. Laws 1986, LB 322, § 20.

54-846. Repealed. Laws 1986, LB 322, § 20.

54-847. Act, how cited.

Sections 54-847 to 54-863 shall be known and may be cited as the Commercial Feed Act.

Source:Laws 1986, LB 322, § 1.

54-848. Act; administration.

The Commercial Feed Act shall be administered by the Department of Agriculture.

Source:Laws 1986, LB 322, § 2.

54-849. Terms, defined.

For purposes of the Commercial Feed Act, unless the context otherwise requires:

(1) Brand name shall mean any word, name, symbol, or device, or any combination thereof, identifying the commercial feed of a distributor or person named on the label and distinguishing it from that of others;

(2) Commercial feed shall mean all materials or combinations of materials which are distributed or intended for distribution for use as feed or for mixing in feed unless such materials are specifically exempted. Unmixed whole seeds and physically altered entire unmixed seeds, when such seeds are not chemically changed or are not adulterated within the meaning of subdivision (1) of section 54-854, are exempt. The director may, by regulation, exempt from this definition or from specific provisions of the Commercial Feed Act commodities such as hay, straw, stover, silage, cobs, husks, hulls, and individual chemical compounds or substances when such commodities, compounds, or substances are not intermixed with other materials and are not adulterated within the meaning of subdivision (1) of section 54-854;

(3) Customer-formula feed shall mean commercial feed which consists of a mixture of commercial feeds or feed ingredients manufactured according to the specific instructions of the final purchaser;

(4) Department shall mean the Department of Agriculture;

(5) Director shall mean the Director of Agriculture or his or her authorized agent;

(6) Distribute shall mean to offer for sale, sell, exchange, barter, or otherwise supply commercial feed;

(7) Distributor shall mean any person who distributes;

(8) Drug shall mean any article intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in animals other than humans and articles other than feed intended to affect the structure or any function of the animal body;

(9) Feed ingredient shall mean each of the constituent materials making up a commercial feed;

(10) Label shall mean a display of written, printed, or graphic matter upon or affixed to the container in which a commercial feed is distributed or on the invoice or delivery slip with which a commercial feed is distributed;

(11) Labeling shall mean all labels and other written, printed, or graphic matter (a) upon a commercial feed or any of its containers or wrappers or (b) accompanying such commercial feed;

(12) Manufacture shall mean to grind, mix, blend, or further process a commercial feed for distribution;

(13) Mineral feed shall mean a commercial feed intended to supply primarily mineral elements or inorganic nutrients;

(14) Official sample shall mean a sample of feed taken by the director in accordance with section 54-859;

(15) Percent or percentages shall mean percentages by weight;

(16) Person shall mean any individual, partnership, limited liability company, cooperative, corporation, firm, trustee, or association;

(17) Pet shall mean any domesticated animal normally maintained in or near the household of the owner thereof;

(18) Pet food shall mean any commercial feed prepared and distributed for consumption by pets;

(19) Product name shall mean the name of the commercial feed which identifies it as to kind, class, or specific use;

(20) Specialty pet shall mean any domesticated animal pet normally maintained in a cage or tank including, but not limited to, gerbils, hamsters, canaries, psittacine birds, mynahs, finches, tropical fish, goldfish, snakes, and turtles;

(21) Specialty pet food shall mean any commercial feed prepared and distributed for consumption by specialty pets; and

(22) Ton shall mean a net weight of two thousand pounds avoirdupois.

Source:Laws 1986, LB 322, § 3; Laws 1992, LB 366, § 14; Laws 1993, LB 121, § 339.

54-850. Manufacturer or distributor; license required; application; fee; posting; exception; cancellation.

(1) No person shall manufacture or distribute commercial feed in this state unless such person holds a valid license for each manufacturing and distribution facility in this state. Any out-of-state manufacturer or distributor who has no distribution facility within this state shall obtain a license for his or her principal out-of-state office if he or she markets or distributes commercial feed in the State of Nebraska.

(2) Application for a license shall be made to the department on forms prescribed and furnished by the department. The application shall be accompanied by an annual license fee of fifteen dollars. Licenses shall be renewed on or before January 1 of each year.

(3) A copy of the valid license shall be posted in a conspicuous place in each manufacturing or distribution facility.

(4) This section shall not apply to any person who distributes less than a five-ton volume of commercial feed annually.

(5) The director may refuse to issue a license for any commercial feed facility not in compliance with the Commercial Feed Act and may cancel any license subsequently found not in compliance with such act. No license shall be refused or canceled unless the applicant has been given an opportunity to be heard before the director.

Source:Laws 1986, LB 322, § 4; Laws 1997, LB 752, § 133; Laws 2016, LB909, § 4.

54-851. Repealed. Laws 1992, LB 366, § 70.

54-852. Commercial feed; label requirements; customer-formula feed; requirements.

A commercial feed shall be labeled as follows:

(1) In the case of a commercial feed, except a customer-formula feed, it shall be accompanied by a label bearing the following:

(a) The net weight;

(b) The product name and the brand name, if any, under which the commercial feed is distributed;

(c) The guaranteed analysis stated in such terms as the director, by regulation, determines is required to advise the user of the composition of the feed or to support claims made in the labeling. In all cases, the substances or elements guaranteed shall be determinable by laboratory methods such as the methods published by the AOAC International or other generally recognized methods;

(d) The common or usual name of each feed ingredient used in the manufacture of the commercial feed, except that the director, by regulation, may permit the use of a collective term of a group of feed ingredients which perform a similar function or he or she may exempt such commercial feeds, or any group thereof, from this requirement of a feed ingredient statement if he or she finds that such statement is not required in the interest of consumers;

(e) The name and principal mailing address of the manufacturer or the person responsible for distributing the commercial feed;

(f) Adequate directions for use for all commercial feeds containing drugs and for such other feeds as the director, by regulation, may deem necessary for their safe and effective use; and

(g) Such precautionary statements as the director, by regulation, determines are necessary for the safe and effective use of the commercial feed; and

(2) In the case of a customer-formula feed, it shall be accompanied by a label, invoice, delivery slip, or other shipping document bearing the following information:

(a) Name and address of the manufacturer;

(b) Name and address of the purchaser;

(d) The product name and net weight of each commercial feed and each other feed ingredient used in the mixture;

(e) Adequate directions for use for all customer-formula feeds;

(f) The directions for use and precautionary statements as required by rules and regulations adopted and promulgated by the director; and

(g) If a drug-containing product is used:

(i) The purpose of the medication or a claim statement;

(ii) The established name and level of each active drug ingredient and the level of each drug used in the final mixture expressed in accordance with rules and regulations adopted and promulgated by the director; and

(iii) All appropriate precautions, warnings, and withdrawal statements as required by the director.

A duplicate copy of all the information required in subdivision (2) of this section shall be kept by the manufacturer for use by the department for sampling and inspection purposes.

Source:Laws 1986, LB 322, § 6; Laws 1992, LB 366, § 15.

54-853. Misbranded commercial feed, defined.

A commercial feed shall be deemed to be misbranded if:

(1) Its labeling is false or misleading in any particular;

(2) It is distributed under the name of another commercial feed;

(3) It is not labeled as required in section 54-852;

(4) It purports to be or is represented as a commercial feed, or it purports to contain or is represented as containing a feed ingredient, unless such commercial feed or feed ingredient conforms to the definition, if any, prescribed by regulation by the director; or

(5) Any word, statement, or other information required by or under authority of the Commercial Feed Act to appear on the label is not prominently placed thereon with such conspicuousness and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use.

Source:Laws 1986, LB 322, § 7.

54-854. Adulterated commercial feed, defined.

A commercial feed shall be deemed to be adulterated if:

(1)(a) It bears or contains any poisonous or deleterious substance which may render it injurious to health, except that if the substance is not an added substance, such commercial feed shall not be considered adulterated under this subdivision if the quantity of such substance in such commercial feed does not ordinarily render it injurious to health;

(b) It bears or contains any added poisonous, deleterious, or nonnutritive substance which is unsafe within the meaning of section 406, as amended, of the Federal Food, Drug, and Cosmetic Act, other than one which is (i) a pesticide chemical in or on a raw agricultural commodity or (ii) a food additive;

(c) It is or it bears or contains any food additive which is unsafe within the meaning of section 409, as amended, of the Federal Food, Drug, and Cosmetic Act;

(d) It is a raw agricultural commodity and it bears or contains a pesticide chemical which is unsafe within the meaning of section 408(a), as amended, of the Federal Food, Drug, and Cosmetic Act, except that when a pesticide chemical has been used in or on a raw agricultural commodity in conformity with an exemption granted or a tolerance prescribed under section 408, as amended, of the Federal Food, Drug, and Cosmetic Act and such raw agricultural commodity has been subjected to processing such as canning, cooking, freezing, dehydrating, or milling, the residue of such pesticide chemical remaining in or on such processed feed shall not be deemed unsafe if such residue in or on the raw agricultural commodity has been removed to the extent possible in good manufacturing practice and the concentration of such residue in the processed feed is not greater than the tolerance prescribed for the raw agricultural commodity, unless the feeding of such proposed feed will result or is likely to result in a pesticide residue in the edible product of the animal which is unsafe within the meaning of section 408(a), as amended, of the Federal Food, Drug, and Cosmetic Act; or

(e) It is or it bears or contains any color additive which is unsafe within the meaning of section 706, as amended, of the Federal Food, Drug, and Cosmetic Act;

(2) Any valuable constituent has been in whole or in part omitted or abstracted therefrom or any less valuable substance substituted therefor;

(3) Its composition or quality falls below or differs from that which it is purported or is represented to possess by its labeling;

(4) It contains a drug and the methods used in or the facilities or controls used for its manufacture, processing, or packaging do not conform to current good manufacturing practice rules and regulations adopted and promulgated by the director to assure that the drug meets the requirements of the Commercial Feed Act as to safety and has the identity and strength and meets the quality and purity characteristics which it purports or is represented to possess. In adopting and promulgating such rules and regulations, the director shall adopt and promulgate the current federal Good Manufacturing Practice Regulations for medicated feed premixes and for medicated feeds established under authority of the Federal Food, Drug, and Cosmetic Act unless he or she determines that they are not appropriate to the conditions which exist in this state;

(5) It contains primary noxious weed seeds as defined in section 81-2,147.01;

(6) It contains prohibited noxious weed seeds as defined in section 81-2,147.01 in amounts exceeding the limits which the director shall establish by rule or regulation; or

(7) It has been manufactured, ground, mixed, bagged, or held under unsanitary conditions whereby it may have become contaminated with filth or been rendered injurious to animal health. An animal feed may be deemed to be contaminated with filth if not protected by all reasonable means and as far as necessary from dust, dirt, insect, or bird, rodent, or other animal excretion, and other foreign or injurious contamination.

Source:Laws 1986, LB 322, § 8; Laws 1992, LB 366, § 16; Laws 1997, LB 263, § 1.

54-855. Prohibited acts.

The following acts are prohibited:

(1) The manufacture or distribution of any commercial feed that is adulterated or misbranded;

(2) The adulteration or misbranding of any commercial feed;

(3) The distribution of agricultural commodities, such as whole seed, hay, straw, stover, silage, cobs, husks, and hulls, which are adulterated within the meaning of subdivision (1) of section 54-854;

(4) The removal or disposal of any commercial feed in violation of an order under section 54-860;

(5) The failure or refusal to comply with section 54-850;

(6) The violation of subsection (6) of section 54-861; and

(7) Failure to pay inspection fees and file reports as required by section 54-856.

Source:Laws 1986, LB 322, § 9; Laws 1992, LB 366, § 17.

54-856. Inspection fees; administrative fee; statement and records required.

(1) There shall be paid to the director an inspection fee of ten cents per ton on all commercial feed distributed in the State of Nebraska during the six-month period following January 1, 1987. After the first six months of operation, the fee may be raised or lowered by the director after a public hearing is held outlining the reason for any proposed change in the rate. The maximum rate fixed by the director shall not exceed fifteen cents per ton. The inspection fee shall be paid on commercial feed distributed by the person whose name appears on the label as the manufacturer, guarantor, or distributor, except that a person other than the manufacturer, guarantor, or distributor may assume liability for the inspection fee, subject to the following:

(a) No fee shall be paid on a commercial feed if the payment has been made by a previous distributor;

(b) No fee shall be paid on customer-formula feed if the inspection fee is paid on the commercial feed which is used as ingredients therein;

(c) No fee shall be paid on commercial feed used as ingredients for the manufacture of other commercial feed. If the fee has already been paid, credit shall be given for such payment;

(d) In the case of a commercial feed which is distributed in the state only in packages of ten pounds or less, an annual fee fixed by the director, not to exceed twenty-five dollars, shall be paid in lieu of the inspection fee. The annual fee shall be paid not later than the last day of January each year; and

(e) The minimum inspection fee shall be five dollars for any six-month reporting period.

(2) If the director determines that it is necessary to adjust the rate of the inspection fee being paid to the department, all persons holding a valid license issued pursuant to section 54-850 shall be so notified and shall be given an opportunity to offer comment at a public hearing which shall be required prior to any inspection fee rate change.

(3) Each person who is liable for the payment of such fee shall:

(a) File, not later than January 31 and July 31 of each year, a semiannual statement setting forth the number of tons of commercial feed distributed in this state during the preceding six-month period, which statement shall cover the periods from July 1 to December 31 and January 1 to June 30, and upon filing such statement, pay the inspection fee at the rate specified by this section. Any person who holds a valid license issued pursuant to section 54-850 and whose name appears on the label as the manufacturer, guarantor, or distributor shall file such statement regardless of whether any inspection fee is due. Inspection fees which are due and owing and have not been remitted to the director within fifteen days following the date due shall have an administrative fee of twenty-five percent of the fees due added to the amount due when payment is made, and an additional administrative fee of twenty-five percent of the fees due shall be added if such inspection and administrative fees are not paid within thirty days of the due date. The purpose of the additional administrative fees is to cover the administrative costs associated with collecting fees. All money collected as an additional administrative fee shall be remitted to the State Treasurer for credit to the Commercial Feed Administration Cash Fund. The assessment of this administrative fee shall not prevent the director from taking other actions as provided in the Commercial Feed Act; and

(b) Keep such records as may be necessary or required by the director to indicate accurately the tonnage of commercial feed distributed in this state. The director shall have the right to examine such records to verify statements of tonnage. Failure to make an accurate statement, to pay the inspection fee, or to comply as provided in this section shall constitute sufficient cause for the cancellation of all licenses on file.

Source:Laws 1986, LB 322, § 10; Laws 1992, LB 366, § 18; Laws 2016, LB909, § 5.

54-857. Commercial Feed Administration Cash Fund; created; use; investment.

All money received pursuant to the Commercial Feed Act shall be remitted by the director to the State Treasurer for credit to the Commercial Feed Administration Cash Fund which is hereby created. Such fund shall be used by the department to aid in defraying the expenses of administering the act and to aid in defraying the expenses related to a cooperative agreement with the United States Department of Agriculture Market News reporting program. Transfers may be made from the fund to the General Fund at the direction of the Legislature. Any money in the Commercial Feed Administration Cash Fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.

Source:Laws 1986, LB 322, § 11; Laws 1995, LB 7, § 57; Laws 2008, LB961, § 3; Laws 2009, First Spec. Sess., LB3, § 29; Laws 2011, LB305, § 1; Laws 2012, LB782, § 83; Laws 2014, LB941, § 2; Laws 2017, LB2, § 1.

Cross References

Nebraska Capital Expansion Act, see section 72-1269.

Nebraska State Funds Investment Act, see section 72-1260.

54-858. Director; adopt rules and regulations; notice to current licensees.

(1) The director shall adopt and promulgate such rules and regulations for commercial feed and pet food as are specifically authorized in the Commercial Feed Act and such other reasonable rules and regulations as may be necessary for the efficient enforcement of the act. In the interest of uniformity, the director shall adopt and promulgate as rules and regulations, unless he or she determines that they are inconsistent with the act or are not appropriate to conditions which exist in this state, the following:

(a) The Official Definitions of Feed Ingredients and Official Feed Terms adopted by the Association of American Feed Control Officials and published in the official publication of that organization; and

(b) Any regulation relating to commercial feed adopted and promulgated pursuant to the authority of the Federal Food, Drug, and Cosmetic Act.

(2) The Administrative Procedure Act shall apply to the Commercial Feed Act, except that it shall be the duty of the department to provide adequate notice to all persons holding a valid license issued pursuant to section 54-850 of any proposed rule or regulation, amendment to a rule or regulation, or intent to repeal an existing rule or regulation.

Source:Laws 1986, LB 322, § 12; Laws 1992, LB 366, § 19.

Cross References

Administrative Procedure Act, see section 84-920.

54-859. Enforcement of act; inspections; testing; methods of analysis; results; distribution.

(1) To enforce the Commercial Feed Act or the rules and regulations adopted pursuant to the act, the director may:

(a) For purposes of inspection, enter any location, vehicle, or both in which commercial feed is manufactured, processed, packed, transported, or held for distribution during normal business hours, except that in the event such locations and vehicles are not open to the public, the director shall present his or her credentials and obtain consent before making entry thereto unless a search warrant has previously been obtained. Credentials shall not be required for each entry made during the period covered by the inspection. The person in charge of the location or vehicle shall be notified of the completion of the inspection. If the owner of such location or vehicle or his or her agent refuses to admit the director to inspect pursuant to this section, the director may obtain a search warrant from a court of competent jurisdiction directing such owner or agent to submit the location, vehicle, or both as described in such search warrant to inspection;

(b) Inspect any location or vehicle described in this subsection, all pertinent equipment, finished and unfinished materials, containers and labeling, all records, books, papers, and documents relating to the distribution of commercial feed, production and control procedures to determine compliance with the federal Good Manufacturing Practice Regulations, and other information necessary for the enforcement of the act;

(c) Obtain samples of commercial feed. The owner, operator, or agent in charge shall be given a receipt describing the samples obtained; and

(d) Make analyses of and test samples obtained pursuant to subdivision (c) of this subsection to determine whether such commercial feed is in compliance with the act.

For purposes of this subsection, location shall include a factory, warehouse, or establishment.

(2) Sampling and analysis shall be conducted in accordance with methods published by the AOAC International or in accordance with other generally recognized methods.

(3) The results of all analyses of official samples shall be forwarded by the director to the person named on the label. When the inspection and analysis of an official sample indicates a commercial feed has been adulterated or misbranded and upon request within ninety days of the analysis, the director shall furnish to the person named on the label a portion of the sample concerned. Following expiration of the ninety-day period, the director may dispose of such sample.

(4) The director, in determining for administrative purposes whether a commercial feed is deficient in any component, shall be guided by the official sample obtained and analyzed pursuant to this section.

Source:Laws 1986, LB 322, § 13; Laws 1992, LB 366, § 20; Laws 1993, LB 267, § 16.

54-860. Violations; order of director or court; seizure of feed.

(1) When the director has reasonable cause to believe any lot of commercial feed is being distributed in violation of the Commercial Feed Act or any rule or regulation adopted and promulgated pursuant thereto, he or she may issue and enforce a written or printed withdrawal-from-distribution order warning the distributor not to dispose of the lot of commercial feed in any manner until written permission is given by the director or a court of competent jurisdiction. The director shall release the lot of commercial feed so withdrawn when the provisions, rules, and regulations of the act have been complied with. If compliance is not obtained within thirty days, the director may begin, or upon request of the distributor or the person named on the label shall begin, proceedings for condemnation.

(2) Any lot of commercial feed not in compliance with the Commercial Feed Act and the rules and regulations adopted and promulgated pursuant thereto shall be subject to seizure on complaint of the director to a court of competent jurisdiction in the area in which such commercial feed is located. If the court finds the commercial feed to be in violation of the act or such rules and regulations and orders the condemnation of the commercial feed, such feed shall be disposed of in any manner consistent with the quality of the commercial feed and the laws of the state. In no instance shall the disposition of the commercial feed be ordered by the court without first giving the claimant an opportunity to apply to the court for release of such commercial feed or for permission to process or relabel the commercial feed to bring it into compliance with the act.

Source:Laws 1986, LB 322, § 14; Laws 1992, LB 366, § 21.

54-861. Violations; penalty; county attorney; duties; injunction; appeal; trade secret disclosure; penalty.

(1) Except as otherwise provided in subsection (6) of this section, any person convicted of violating any of the provisions of the Commercial Feed Act or any rules and regulations adopted and promulgated pursuant thereto or who shall impede, hinder, or otherwise prevent or attempt to prevent the director in the performance of his or her duty shall be guilty of a Class IV misdemeanor for the first violation and guilty of a Class II misdemeanor for any subsequent violation.

(2) Nothing in the Commercial Feed Act shall be construed as requiring the director to (a) report for prosecution, (b) institute seizure proceedings, or (c) issue a withdrawal-from-distribution order, as a result of minor violations of the act or when he or she believes the public interest will best be served by suitable notice of warning in writing.

(3) It shall be the duty of the county attorney of the county in which any violation occurs or is about to occur, when notified by the department of such violation or threatened violation, to pursue appropriate proceedings pursuant to subsection (1) or (4) of this section without delay. Before the director reports a violation, an opportunity shall be given the manufacturer or distributor to present his or her view to the director.

(4) In order to insure compliance with the Commercial Feed Act, the department may apply for a restraining order, a temporary or permanent injunction, or a mandatory injunction against any person violating or threatening to violate the act or the rules and regulations adopted and promulgated pursuant to such act. The district court of the county where the violation is occurring or is about to occur shall have jurisdiction to grant such relief upon good cause shown. Relief may be granted notwithstanding the existence of any other remedy at law and shall be granted without bond.

(5) Any person adversely affected by an act, order, or ruling made by the department pursuant to the Commercial Feed Act may appeal the act, order, or ruling, and the appeal shall be in accordance with the Administrative Procedure Act.

(6) Any person who uses to his or her own advantage or reveals to other than the director, representatives of the department, the Attorney General, other legal representatives of the state, or the courts when relevant in any judicial proceeding any information acquired under the authority of the Commercial Feed Act concerning any method, record, formulation, or process which as a trade secret is entitled to protection shall be guilty of a Class IV misdemeanor. The director shall not be prohibited from exchanging information of a regulatory nature with duly appointed officials of the federal government or other states who are similarly prohibited by law from revealing this information.

Source:Laws 1986, LB 322, § 15; Laws 1988, LB 352, § 94.

Cross References

Administrative Procedure Act, see section 84-920.

54-862. Director; cooperate with other entities.

The director may cooperate with and enter into agreements with governmental agencies of this state, other states, agencies of the federal government, and private associations in order to carry out the purpose of the Commercial Feed Act.

Source:Laws 1986, LB 322, § 16.

54-863. Annual report; contents.

The director shall publish at least annually, in such form as he or she may deem proper, information concerning the sales of commercial feed together with such data on their production and use as he or she may consider advisable and a report of the results of the analyses of official samples of commercial feed sold within the state as compared with the analyses guaranteed on the label, except that the information concerning production and use of commercial feed shall not disclose the operations of any person.

Source:Laws 1986, LB 322, § 17; Laws 1992, LB 366, § 22.

54-901. Act, how cited.

Sections 54-901 to 54-913 shall be known and may be cited as the Livestock Animal Welfare Act.

Source:Laws 2010, LB865, § 1; Laws 2013, LB423, § 5.

54-902. Terms, defined.

For purposes of the Livestock Animal Welfare Act:

(1) Abandon means to leave a livestock animal in one's care, whether as owner or custodian, for any length of time without making effective provision for the livestock animal's feed, water, or other care as is reasonably necessary for the livestock animal's health;

(2) Animal welfare practice means veterinarian practices and animal husbandry practices common to the livestock animal industry, including transport of livestock animals from one location to another;

(3) Bovine means a cow, an ox, or a bison;

(4) Cruelly mistreat means to knowingly and intentionally kill or cause physical harm to a livestock animal in a manner that is not consistent with animal welfare practices;

(5) Cruelly neglect means to fail to provide a livestock animal in one's care, whether as owner or custodian, with feed, water, or other care as is reasonably necessary for the livestock animal's health;

(6) Equine means a horse, pony, donkey, mule, or hinny;

(7) Euthanasia means the destruction of a livestock animal by commonly accepted veterinary practices;

(8) Law enforcement officer means any member of the Nebraska State Patrol, any county or deputy sheriff, any member of the police force of any city or village, or any other public official authorized by a city or village to enforce state or local laws, rules, regulations, or ordinances;

(9) Livestock animal means any bovine, equine, swine, sheep, goats, domesticated cervine animals, ratite birds, llamas, or poultry;

(10) Owner or custodian means any person owning, keeping, possessing, harboring, or knowingly permitting an animal to remain on or about any premises owned or occupied by such person; and

(11) Serious injury or illness includes any injury or illness to any livestock animal which creates a substantial risk of death or which causes broken bones, prolonged impairment of health, or prolonged loss or impairment of the function of any bodily organ.

Source:Laws 2010, LB865, § 2; Laws 2013, LB423, § 6.

54-903. Abandonment or cruel neglect; mistreatment; prohibited acts; violation; penalty.

(1) A person who intentionally, knowingly, or recklessly abandons or cruelly neglects a livestock animal is guilty of a Class I misdemeanor unless the abandonment or cruel neglect results in serious injury or illness or death of the livestock animal, in which case it is a Class IV felony.

(2) A person who cruelly mistreats a livestock animal is guilty of a Class I misdemeanor for the first offense and a Class IV felony for any subsequent offense.

Source:Laws 2010, LB865, § 3.

54-904. Indecency with a livestock animal; penalty.

A person commits indecency with a livestock animal when such person subjects an animal to sexual penetration as defined in section 28-318. Indecency with a livestock animal is a Class III misdemeanor.

Source:Laws 2010, LB865, § 4.

54-905. Court order for reimbursement of expenses; liability for expenses; lien.

(1) In addition to any other sentence given for a violation of section 54-903 or 54-904, the sentencing court may order the defendant to reimburse a public or private agency for any unreimbursed expenses incurred in conjunction with the care, seizure, or disposal of a livestock animal involved in the violation of such section. Whenever the court believes that such reimbursement is a proper sentence or at the prosecuting attorney's request, the court shall order that the presentence investigation report include documentation regarding the nature and amount of the expenses incurred. The court may order that reimbursement be made immediately, in specified installments, or within a specified period of time, not to exceed five years after the date of judgment.

(2) Even if reimbursement for expenses is not ordered under subsection (1) of this section, the defendant shall be liable for all expenses incurred by a public or private agency in conjunction with the care, seizure, or disposal of a livestock animal. The expenses shall be a lien upon the livestock animal.

Source:Laws 2010, LB865, § 5; Laws 2013, LB423, § 7.

54-906. Law enforcement officer; warrant authorizing entry upon property; issue citation; seizure of animal and property; custody agreement; law enforcement officer; powers; duties; liability.

(1) A law enforcement officer who has reason to believe that a livestock animal has been abandoned or is being cruelly neglected or cruelly mistreated may seek a warrant authorizing entry upon private property to inspect, care for, or impound the livestock animal.

(2) A law enforcement officer who has reason to believe that a livestock animal has been abandoned or is being cruelly neglected or cruelly mistreated may issue a citation to the owner or custodian as prescribed in sections 29-422 to 29-429.

(3) A law enforcement officer may specify in a custody agreement the terms and conditions by which the owner or custodian may maintain custody of the livestock animal to provide care for such animal at the expense of the owner or custodian. The custody agreement shall be signed by the owner or custodian of the livestock animal. A copy of the signed agreement shall be provided to the owner or custodian of the livestock animal. A violation of the custody agreement may result in the seizure of the livestock animal.

(4) Any equipment, device, or other property or things involved in a violation of section 54-903 or 54-904 shall be subject to seizure, and distribution or disposition may be made in such manner as the court may direct. Any livestock animal involved in a violation of section 54-903 or 54-904 shall be subject to seizure. Distribution or disposition shall be made under section 54-913 as the court may direct. Any livestock animal seized under this subsection may be kept by the law enforcement officer on the property of the owner or custodian of such livestock animal.

(5) A law enforcement officer may euthanize or cause a livestock animal seized or kept pursuant to this section to be euthanized if the animal is severely emaciated, injured, disabled, or diseased past recovery for any useful purpose. The law enforcement officer shall notify the owner or custodian prior to the euthanasia if practicable under the circumstances. An owner or custodian may request that a veterinarian of the owner's or custodian's choosing view the livestock animal and be present upon examination of the livestock animal, and no livestock animal shall be euthanized without reasonable accommodation to provide for the presence of the owner's or custodian's veterinarian when requested. However, attempted notification of the owner or custodian or the presence of the owner's or custodian's veterinarian shall not unduly delay euthanasia when necessary. The law enforcement officer may forgo euthanasia if the care of the livestock animal is placed with the owner's or custodian's veterinarian.

(6) A law enforcement officer acting under this section shall not be liable for damage to property if such damage is not the result of the officer's negligence.

Source:Laws 2010, LB865, § 6; Laws 2013, LB423, § 8.

54-907. Act; applicability.

The Livestock Animal Welfare Act shall not apply to:

(1) Care or treatment of a livestock animal or other conduct by a veterinarian or veterinary technician licensed under the Veterinary Medicine and Surgery Practice Act that occurs within the scope of his or her employment, that occurs while acting in his or her professional capacity, or that conforms to commonly accepted veterinary practices;

(2) Euthanasia of a livestock animal or livestock animals as conducted by the owner or by his or her agent or a veterinarian upon the owner's request;

(3) Research activity carried on by any research facility currently meeting the standards of the federal Animal Welfare Act, 7 U.S.C. 2131 et seq., as such act existed on January 1, 2010;

(4) Commonly accepted animal welfare practices with respect to livestock animals and commercial livestock operations, including their transport from one location to another and nonnegligent actions taken by personnel or agents of the Department of Agriculture or the United States Department of Agriculture in the performance of duties prescribed by law;

(5) Commonly followed practices occurring in conjunction with the slaughter of animals for food or byproducts;

(6) Commonly accepted animal training practices; and

(7) Commonly accepted practices occurring in conjunction with sanctioned rodeos, animal racing, and pulling contests.

Source:Laws 2010, LB865, § 7.

Cross References

Veterinary Medicine and Surgery Practice Act, see section 38-3301.

54-908. Employee of governmental livestock animal control or animal abuse agency; duty to report suspected criminal activity; immunity from liability; contents of report; form; failure to report; penalty.

(1) For purposes of this section:

(a) Employee means any employee of a governmental agency dealing with livestock animal control or animal abuse; and

(b) Reasonably suspects means a basis for reporting knowledge or a set of facts that would lead a person of ordinary care and prudence to believe and conscientiously entertain a strong suspicion that criminal activity is at hand or that a crime has been committed.

(2) Any employee, while acting in his or her professional capacity or within the scope of his or her employment, who observes or is involved in an incident which leads the employee to reasonably suspect that a livestock animal has been abandoned, cruelly neglected, or cruelly mistreated shall report such to the entity or entities that investigate such reports in that jurisdiction.

(3) The report of an employee shall be made within two working days of acquiring the information concerning the livestock animal by facsimile transmission of a written report presented in the form described in subsection (5) of this section or by telephone. When an immediate response is necessary to protect the health and safety of the livestock animal or others, the report of an employee shall be made by telephone as soon as possible.

(4) Nothing in this section shall be construed to impose a duty to investigate observed or reasonably suspected livestock animal abandonment, cruel neglect, or cruel mistreatment. Any person making a report under this section is immune from liability except for false statements of fact made with malicious intent.

(5) A report made by an employee pursuant to this section shall include:

(a) The reporter's name and title, business address, and telephone number;

(b) The name, if known, of the livestock animal owner or custodian, whether a business or individual;

(c) A description of the livestock animal or livestock animals involved, person or persons involved, and location of the livestock animal or livestock animals and the premises; and

(d) The date, the time, and a description of the observation or incident which led the reporter to reasonably suspect livestock animal abandonment, cruel neglect, or cruel mistreatment and any other information the reporter believes may be relevant.

(6) A report made by an employee pursuant to this section may be made on preprinted forms prepared by the entity or entities that investigate reports of livestock animal abandonment, livestock animal cruel neglect, or livestock animal cruel mistreatment in that jurisdiction. The form shall include space for the information required under subsection (5) of this section.

(7) When two or more employees jointly have observed or reasonably suspected livestock animal abandonment, livestock animal cruel neglect, or livestock animal cruel mistreatment and there is agreement between or among them, a report may be made by one person by mutual agreement. Any such reporter who has knowledge that the person designated to report has failed to do so shall thereafter make the report.

(8) Any employee failing to report under this section shall be guilty of an infraction.

Source:Laws 2010, LB865, § 8.

54-909. Conviction; court order not to own or possess livestock animal; violation; penalty; seizure of livestock animal.

(1) If a person is convicted of a Class IV felony under section 54-903, the sentencing court shall order such person not to own or possess a livestock animal for at least five years after the date of conviction, but such time restriction shall not exceed fifteen years. Any person violating such court order shall be guilty of a Class I misdemeanor.

(2) If a person is convicted of a Class I misdemeanor under section 54-903 or a Class III misdemeanor under section 54-904, the sentencing court may order such person not to own or possess any livestock animal after the date of conviction, but such time restriction, if any, shall not exceed five years. Any person violating such court order shall be guilty of a Class IV misdemeanor.

(3) Any livestock animal involved in a violation of a court order under subsection (1) or (2) of this section shall be subject to seizure by law enforcement.

Source:Laws 2010, LB865, § 9.

54-910. Livestock animal health care professional; duty to report suspected criminal activity; immunity from liability.

(1) Any livestock animal health care professional, while acting in his or her professional capacity or within the scope of his or her employment, who observes or is involved in an incident which leads the livestock animal health care professional to reasonably suspect that a livestock animal has been abandoned, cruelly neglected, or cruelly mistreated shall report such treatment to an entity that investigates such reports in the appropriate jurisdiction.

(2) Nothing in this section shall be construed to impose a duty to investigate observed or reasonably suspected abandonment, cruel neglect, or cruel mistreatment of a livestock animal. Any person making a report under this section is immune from liability except for false statements of fact made with malicious intent.

(3) For purposes of this section, a livestock animal health care professional means a licensed veterinarian as defined in section 38-3310 or a licensed veterinary technician as defined in section 38-3311 whose practice involves care of livestock animals.

Source:Laws 2010, LB865, § 10.

54-911. Prohibited acts relating to equine; violation; penalty.

(1) No person shall intentionally trip or cause to fall, or lasso or rope the legs of, any equine by any means for the purpose of entertainment, sport, practice, or contest. The intentional tripping or causing to fall, or lassoing or roping the legs of, any equine by any means for the purpose of entertainment, sport, practice, or contest shall not be considered a commonly accepted practice occurring in conjunction with sanctioned rodeos, animal racing, or pulling contests.

(2) Violation of this section is a Class I misdemeanor.

Source:Laws 2010, LB865, § 11.

54-912. Prohibited acts relating to bovine; violation; penalty.

(1) No person shall intentionally trip, cause to fall, or drag any bovine by its tail by any means for the purpose of entertainment, sport, practice, or contest. The intentional tripping, causing to fall, or dragging of any bovine by its tail by any means for the purpose of entertainment, sport, practice, or contest shall not be considered a commonly accepted practice occurring in conjunction with sanctioned rodeos, animal racing, or pulling contests.

(2) Violation of this section is a Class I misdemeanor.

Source:Laws 2010, LB865, § 12.

54-913. Livestock animal seized; hearing to determine disposition and cost; notice; court order; appeal; euthanasia.

(1) After a livestock animal has been seized, the agency that took custody of the livestock animal shall, within seven days after the date of seizure, file a complaint with the district court in the county in which the animal was seized for a hearing to determine the disposition and the cost for the care of the livestock animal. Notice of such hearing shall be given to the owner or custodian from whom such livestock animal was seized and to any holder of a lien or security interest of record in such livestock animal, specifying the date, time, and place of such hearing. Such notice shall be served by personal or residential service or by certified mail. If such notice cannot be served by such methods, service may be made by publication in the county where such livestock animal was seized. Such publication shall be made after application and order of the court. The hearing shall be held as soon as practicable and not more than ten business days after the date of application for the hearing unless otherwise determined and ordered by the court.

(2) If the court finds that probable cause exists that the livestock animal has been abandoned or cruelly neglected or mistreated, the court may:

(a) Order immediate forfeiture of the livestock animal to the agency that took custody of the livestock animal and authorize appropriate disposition of the livestock animal, including sale at public auction, adoption, donation to a suitable shelter, humane destruction, or any other manner of disposition approved by the court. With respect to sale of a livestock animal, the proceeds shall first be applied to the cost of sale and then to the expenses for the care of the livestock animal and the remaining proceeds, if any, shall be paid to the holder of a lien or security interest of record in such livestock animal and then to the owner of the livestock animal;

(b) Issue an order to the owner or custodian setting forth the conditions under which custody of the livestock animal shall be returned to the owner or custodian from whom the livestock animal was seized or to any other person claiming an interest in the livestock animal. Such order may include any management actions deemed necessary and prudent by the court, including culling by sale, humane disposal, or forfeiture and securing necessary care, including veterinary care, sufficient for the maintenance of any remaining livestock animal; or

(c) Order the owner or custodian from whom the livestock animal was seized to post a bond or other security, or to otherwise order payment, in an amount that is sufficient to reimburse all reasonable expenses, as determined by the court, for the care of the livestock animal, including veterinary care, incurred by the agency from the date of seizure and necessitated by the possession of the livestock animal. Payments shall be for a succeeding thirty-day period with the first payment due on or before the tenth day following the hearing. Payments for each subsequent succeeding thirty-day period, if any, shall be due on or before the tenth day of such period. The bond or security shall be placed with, or payments ordered under this subdivision shall be paid to, the agency that took custody of the livestock animal. The agency shall provide an accounting of expenses to the court when the livestock animal is no longer in the custody of the agency or upon request by the court. The agency may petition the court for a subsequent hearing under this subsection at any time. The hearing shall be held as soon as practicable and not more than ten business days after the date of application for the hearing unless otherwise determined and ordered by the court. When all expenses covered by the bond or security are exhausted and subsequent bond or security has not been posted or if a person becomes delinquent in his or her payments for the expenses of the livestock animal, the livestock animal shall be forfeited to the agency.

(3) If custody of a livestock animal is returned to the owner or custodian of the livestock animal prior to seizure, any proceeds of a bond or security or any payment or portion of payment ordered under this section not used for the care of the livestock animal during the time the animal was held by the agency shall be returned to the owner or custodian.

(4) Nothing in this section shall prevent the euthanasia of a seized livestock animal at any time as determined necessary by a law enforcement officer or as authorized by court order.

(5) An appeal may be entered within ten days after a hearing under this section. Any person filing an appeal shall post a bond or security sufficient to pay reasonable costs of care of the livestock animal for thirty days. Such payment will be required for each succeeding thirty-day period until the appeal is final.

(6) If the owner or custodian from whom the livestock animal was seized is found not guilty in an associated criminal proceeding, all funds paid for the expenses of the livestock animal remaining after the actual expenses incurred by the agency have been paid shall be returned to such person.

(7) This section shall not preempt any ordinance of a city of the metropolitan or primary class.

Source:Laws 2013, LB423, § 9.

54-1001. Repealed. Laws 1980, LB 631, § 6.

54-1002. Repealed. Laws 1980, LB 631, § 6.

54-1003. Repealed. Laws 1980, LB 631, § 6.

54-1004. Repealed. Laws 1980, LB 631, § 6.

54-1005. Repealed. Laws 1980, LB 631, § 6.

54-1006. Repealed. Laws 1980, LB 631, § 6.

54-1007. Repealed. Laws 1980, LB 631, § 6.

54-1008. Repealed. Laws 1980, LB 631, § 6.

54-1009. Repealed. Laws 1980, LB 631, § 6.

54-1010. Repealed. Laws 1980, LB 631, § 6.

54-1011. Repealed. Laws 1980, LB 631, § 6.

54-1101. Repealed. Laws 1961, c. 271, § 33.

54-1102. Repealed. Laws 1961, c. 271, § 33.

54-1103. Repealed. Laws 1961, c. 271, § 33.

54-1104. Repealed. Laws 1961, c. 271, § 33.

54-1105. Repealed. Laws 1961, c. 271, § 33.

54-1106. Repealed. Laws 1961, c. 271, § 33.

54-1107. Repealed. Laws 1961, c. 271, § 33.

54-1108. Repealed. Laws 1961, c. 271, § 33.

54-1109. Repealed. Laws 1961, c. 271, § 33.

54-1110. Repealed. Laws 1961, c. 271, § 33.

54-1111. Repealed. Laws 1961, c. 271, § 33.

54-1112. Repealed. Laws 1961, c. 271, § 33.

54-1113. Repealed. Laws 1961, c. 271, § 33.

54-1114. Repealed. Laws 1961, c. 271, § 33.

54-1115. Repealed. Laws 1961, c. 271, § 33.

54-1116. Repealed. Laws 1961, c. 271, § 33.

54-1117. Repealed. Laws 1961, c. 271, § 33.

54-1118. Repealed. Laws 1961, c. 271, § 33.

54-1119. Repealed. Laws 1961, c. 271, § 33.

54-1120. Repealed. Laws 1961, c. 271, § 33.

54-1121. Repealed. Laws 1961, c. 271, § 33.

54-1122. Repealed. Laws 1961, c. 271, § 33.

54-1122.01. Repealed. Laws 1961, c. 271, § 33.

54-1123. Repealed. Laws 1961, c. 271, § 33.

54-1124. Repealed. Laws 1961, c. 271, § 33.

54-1124.01. Repealed. Laws 1961, c. 271, § 33.

54-1125. Repealed. Laws 1961, c. 271, § 33.

54-1126. Repealed. Laws 1961, c. 271, § 33.

54-1127. Repealed. Laws 1963, c. 319, § 34.

54-1128. Repealed. Laws 1963, c. 319, § 34.

54-1129. Repealed. Laws 1963, c. 319, § 34.

54-1130. Repealed. Laws 1963, c. 319, § 34.

54-1131. Repealed. Laws 1963, c. 319, § 34.

54-1132. Repealed. Laws 1963, c. 319, § 34.

54-1133. Repealed. Laws 1963, c. 319, § 34.

54-1134. Repealed. Laws 1963, c. 319, § 34.

54-1135. Repealed. Laws 1963, c. 319, § 34.

54-1136. Repealed. Laws 1963, c. 319, § 34.

54-1137. Repealed. Laws 1963, c. 319, § 34.

54-1138. Repealed. Laws 1963, c. 319, § 34.

54-1139. Repealed. Laws 1963, c. 319, § 34.

54-1140. Repealed. Laws 1963, c. 319, § 34.

54-1141. Repealed. Laws 1963, c. 319, § 34.

54-1142. Repealed. Laws 1963, c. 319, § 34.

54-1143. Repealed. Laws 1963, c. 319, § 34.

54-1144. Repealed. Laws 1963, c. 319, § 34.

54-1145. Repealed. Laws 1963, c. 319, § 34.

54-1146. Repealed. Laws 1963, c. 319, § 34.

54-1147. Repealed. Laws 1963, c. 319, § 34.

54-1148. Repealed. Laws 1963, c. 319, § 34.

54-1149. Repealed. Laws 1963, c. 319, § 34.

54-1150. Repealed. Laws 1963, c. 319, § 34.

54-1151. Repealed. Laws 1963, c. 319, § 34.

54-1152. Repealed. Laws 1963, c. 319, § 34.

54-1153. Repealed. Laws 1963, c. 319, § 34.

54-1154. Repealed. Laws 1963, c. 319, § 34.

54-1155. Repealed. Laws 1963, c. 319, § 34.

54-1156. Act, how cited.

Sections 54-1156 to 54-1182 shall be known and may be cited as the Livestock Auction Market Act.

Source:Laws 1963, c. 319, § 32, p. 973; Laws 1985, LB 97, § 3; R.S.1943, (1998), § 54-1186; Laws 1999, LB 778, § 78; Laws 2001, LB 197, § 5; Laws 2014, LB884, § 20.

54-1157. Declaration of policy.

It is hereby declared to be the policy of the State of Nebraska, and the purpose of the Livestock Auction Market Act, to encourage, stimulate, and stabilize the agricultural economy of the state in general, and the livestock economy in particular, by encouraging the construction, development, and productive operation of livestock auction markets as key industries of the state and those markets' particular trade areas, with all benefits of fully open, free, competitive factors, in respect to sales and purchases of livestock.

Source:Laws 1963, c. 319, § 1, p. 961; Laws 1999, LB 778, § 62; Laws 2001, LB 197, § 6.

Annotations

A livestock auction market has sufficient public interest to be subject to public regulation under the police power. Midwest L. C. Co. v. Tri-State L. C. Co., 182 Neb. 41, 151 N.W.2d 908 (1967).

54-1158. Terms, defined.

As used in the Livestock Auction Market Act, unless the context otherwise requires:

(1) Accredited veterinarian has the same meaning as in section 54-2903;

(2) Department means the Department of Agriculture;

(3) Designated veterinarian means an accredited veterinarian who has been designated and authorized by the State Veterinarian to make inspections of livestock at livestock auction markets as may be required by law or regulation whether such livestock is moved in interstate or intrastate commerce;

(4) Director means the Director of Agriculture;

(5) Livestock means cattle, calves, swine, sheep, and goats;

(6) Livestock auction market means any place, establishment, or facility commonly known as a livestock auction market, sales ring, or the like, conducted or operated for compensation as an auction market for livestock, consisting of pens or other enclosures, and their appurtenances, in which livestock are received, held, sold, or kept for sale or shipment;

(7) Livestock auction market operator means any person engaged in the business of conducting or operating a livestock auction market, whether personally or through agents or employees;

(8) Market license means the license for a livestock auction market authorized to be issued under the act;

(9) Person means any individual, firm, association, partnership, limited liability company, or corporation; and

(10) State Veterinarian means the veterinarian appointed pursuant to section 81-202, or his or her designee, subordinate to the director.

Source:Laws 1963, c. 319, § 2, p. 962; Laws 1993, LB 121, § 340; Laws 1999, LB 778, § 63; Laws 2001, LB 197, § 7; Laws 2013, LB78, § 1; Laws 2014, LB884, § 21; Laws 2020, LB344, § 73.

54-1159. Exemptions from act.

(1) The Livestock Auction Market Act shall not be construed to include:

(a) Any place or operation where Future Farmers of America, 4-H groups, or private fairs conduct sales of livestock;

(b) An animal welfare organization as defined in section 54-2503;

(c) Any place or operation conducted for a dispersal sale of the livestock of farmers, dairypersons, or livestock breeders or feeders, where no other livestock is sold or offered for sale; or

(d) Any place or operation where a breeder or an association of breeders of livestock assemble and offer for sale and sell under their own management any livestock, when such breeders assume all responsibility of such sale and the title of livestock sold. This shall apply to all purebred livestock association sales.

(2) An exotic animal auction or exchange venue or an exotic animal auction or exchange venue organizer as defined in section 54-7,105.01 is not required to be licensed under the Livestock Auction Market Act if any bovine, camelid, caprine, ovine, or porcine allowed to be sold under the Exotic Animal Auction or Exchange Venue Act are accompanied by a certificate of veterinary inspection issued by an accredited veterinarian and the exotic animal auction or exchange venue organizer contracts for the services of an accredited veterinarian to issue such certificates onsite during the auction or exchange venue for bovine, camelid, caprine, ovine, or porcine present.

Source:Laws 1963, c. 319, § 3, p. 962; Laws 1999, LB 778, § 64; Laws 2001, LB 197, § 8; Laws 2014, LB884, § 22.

Cross References

Exotic Animal Auction or Exchange Venue Act, see section 54-7,105.

54-1160. Repealed. Laws 2013, LB 78, § 23.

54-1160.01. Brand inspection.

The owner or operator of any livestock auction market located in any county outside the brand inspection area created in section 54-1,109 may voluntarily elect to provide brand inspection as provided in sections 54-1,129 to 54-1,131.

Source:Laws 2014, LB884, § 23.

54-1161. License required; application for license; contents.

No person shall conduct or operate a livestock auction market unless he or she holds a market license therefor, upon which the current annual market license fee has been paid. Any person making application for a new market license shall do so to the director in writing, verified by the applicant, on a form prescribed by the department, showing the following:

(1) The name and address of the applicant with a statement of the names and addresses of all persons having any financial interest in the applicant and the amount of such interest;

(2) Financial responsibility of the applicant in the form of a statement of all assets and liabilities;

(3) A legal description of the property and its exact location with a complete description of the facilities proposed to be used in connection with such livestock auction market;

(4) The schedule of charges an applicant proposes for all services proposed to be rendered; and

(5) A detailed statement of the facts upon which the applicant relies showing the general confines of the trade area proposed to be served by such livestock auction market, the benefits to be derived by the livestock industry, and the services proposed to be rendered.

Such application shall be accompanied by the annual fee as prescribed in section 54-1165.

Source:Laws 1963, c. 319, § 5, p. 964; Laws 1997, LB 752, § 134; Laws 2013, LB78, § 2; Laws 2014, LB884, § 24.

54-1162. Hearing; notice.

Upon the filing of the application as provided in section 54-1161, the director shall fix a reasonable time for the hearing at a place designated by him or her at which time a hearing shall be held on the proposed location of the livestock auction market. The director forthwith shall cause a copy of such application, together with notice of the time and place of hearing, to be served by mail not less than fifteen days prior to such hearing, upon the following:

(1) All duly organized statewide livestock associations in the state who have filed written requests with the department to receive notice of such hearings and such other livestock associations as in the opinion of the director would be interested in such application; and

(2) All livestock auction market operators in the state.

The director shall give further notice of such hearing by publication of the notice thereof once in a daily or weekly newspaper circulated in the city or village where such hearing is to be held, as in the opinion of the director will give reasonable public notice of such time and place of hearing to persons interested therein.

Source:Laws 1963, c. 319, § 6, p. 964; Laws 2001, LB 197, § 10; Laws 2013, LB78, § 3.

54-1163. Hearing; determination; factors; issuance of license.

The hearing required by section 54-1162 shall be heard by the director. If the director determines, after such hearing, that the proposed livestock auction market would beneficially serve the livestock economy, the department shall issue a market license to the applicant. In determining whether or not the application should be granted or denied, reasonable consideration shall be given to:

(1) The ability of the applicant to comply with the federal Packers and Stockyards Act, 1921, 7 U.S.C. 181 et seq., as amended;

(2) The financial stability, business integrity, and fiduciary responsibility of the applicant;

(3) The adequacy of the facilities described to permit the performance of market services proposed in the application;

(4) The present needs for market services or additional services as expressed by livestock growers and feeders in the community; and

(5) Whether the proposed livestock auction market would be permanent and continuous.

Source:Laws 1963, c. 319, § 7, p. 965; Laws 1999, LB 778, § 66; Laws 2013, LB78, § 4; Laws 2014, LB884, § 25.

Annotations

Determination of Livestock Auction Board that license should be issued will not be disturbed if there is any evidence to support it. Midwest L. C. Co. v. Tri-State L. C. Co., 182 Neb. 41, 151 N.W.2d 908 (1967).

54-1164. Repealed. Laws 2001, LB 197, § 26.

54-1165. License fee; payments; disposition.

Every livestock auction market operator shall pay annually, on or before August 1, a market license fee of one hundred fifty dollars to the department for each livestock auction market operated by him or her, which payment shall constitute a renewal for one year. Fees so paid shall be remitted to the State Treasurer for credit to the Livestock Auction Market Fund for the expenses of administration of the Livestock Auction Market Act.

Source:Laws 1963, c. 319, § 9, p. 966; Laws 1983, LB 617, § 9; Laws 1999, LB 778, § 67; Laws 2001, LB 197, § 11; Laws 2013, LB78, § 5.

54-1166. Livestock auction markets; license personal to holder; transfer; posting; termination.

Except as otherwise provided in this section, each market license shall be personal to the holder and the facilities covered thereby and transferable without a hearing. The original or a certified copy of such license shall be posted during sale periods in a conspicuous place on the premises where the livestock auction market is conducted. The market license covering any livestock auction market which does not hold a sale for a period of one year shall terminate automatically one year from the date of the last sale conducted by the livestock auction market, and the license holder whose license is so terminated may request a hearing by filing a written request for such hearing within twenty days after the termination of the license.

Source:Laws 1963, c. 319, § 10, p. 966; Laws 1985, LB 97, § 2; Laws 2014, LB884, § 26.

54-1167. Repealed. Laws 1973, LB 133, § 1.

54-1168. Records required; available for inspection.

Every market license holder under the Livestock Auction Market Act shall keep an accurate record of all transactions conducted in the ordinary course of his or her business. Such records shall be available for examination of the director, or his or her duly authorized representative, in respect to a market license issued under such act.

Source:Laws 1963, c. 319, § 12, p. 966; Laws 1999, LB 778, § 68; Laws 2001, LB 197, § 12; Laws 2013, LB78, § 6.

54-1169. Department; complaint; notice of hearing; process; hearings; findings; suspension or revocation of license.

(1) The department may, upon its own motion, whenever it has reason to believe the Livestock Auction Market Act has been violated, or upon verified complaint of any person in writing, investigate the actions of any market license holder, and if the department finds probable cause to do so, shall file a complaint against the market license holder which shall be set down for hearing before the director upon fifteen days' notice served upon such market license holder either by personal service upon him or her or by registered or certified mail prior to such hearing.

(2) The director shall have the power to administer oaths, certify to all official acts, and subpoena any person in this state as a witness, to compel the producing of books and papers, and to take the testimony of any person on deposition in the same manner as is prescribed by law in the procedure before the courts of this state in civil cases. Processes issued by the director shall extend to all parts of the state and may be served by any person authorized to serve processes. Each witness who shall appear by the order of the director at any hearing shall receive for such attendance the same fees allowed by law to witnesses in civil cases appearing in the district court and mileage at the same rate provided in section 81-1176, which amount shall be paid by the party at whose request such witness is subpoenaed. When any witness has not been required to attend at the request of any party, but has been subpoenaed by the director, his or her fees and mileage shall be paid by the director in the same manner as other expenses are paid under the Livestock Auction Market Act.

(3) All powers of the director as provided in this section shall likewise be applicable to hearings held on applications for the issuance of a market license.

(4) Formal finding by the director after due hearing that any market license holder (a) has ceased to conduct a livestock auction market business, (b) has been guilty of fraud or misrepresentation as to the titles, charges, number, brands, weights, proceeds of sale, or ownership of livestock, (c) has violated any of the provisions of the Livestock Auction Market Act, or (d) has violated any of the rules or regulations adopted and promulgated under the act, shall be sufficient cause for the suspension or revocation of the market license of the offending livestock auction market operator.

Source:Laws 1963, c. 319, § 13, p. 966; Laws 1981, LB 204, § 95; Laws 1999, LB 778, § 69; Laws 2001, LB 197, § 13; Laws 2013, LB78, § 7; Laws 2014, LB884, § 27.

54-1170. Director; audio recording; appeal; procedure.

The director shall keep an audio recording of all proceedings and evidence presented in any hearing under the Livestock Auction Market Act. The applicant for a market license, any protestant formally appearing in the hearing for such market license, the holder of any market license suspended or revoked, or any party to a transfer application may appeal the order, and the appeal shall be in accordance with the Administrative Procedure Act.

Source:Laws 1963, c. 319, § 14, p. 968; Laws 1988, LB 352, § 95; Laws 2013, LB78, § 8; Laws 2014, LB884, § 28.

Cross References

Administrative Procedure Act, see section 84-920.

54-1171. Violations; penalties; injunction.

Any person who violates any provision or requirements of the Livestock Auction Market Act is guilty of a Class II misdemeanor. Each day any person operates or conducts a livestock auction market in this state without a license as prescribed in such act is considered a separate offense. The director may institute proceedings to enjoin the operation of a livestock auction market if the person sought to be enjoined is operating a livestock auction market without a market license in good standing as provided in such act.

Source:Laws 1963, c. 319, § 15, p. 969; Laws 1977, LB 39, § 35; Laws 1999, LB 778, § 70; Laws 2001, LB 197, § 14.

54-1172. Livestock Auction Market Fund; creation; use; investment.

Salaries and expenses of employees, costs of hearings, and all other costs of administration of the Livestock Auction Market Act shall be paid from the Livestock Auction Market Fund which is hereby created. Any money in the Livestock Auction Market Fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.

Source:Laws 1963, c. 319, § 16, p. 969; Laws 1999, LB 778, § 71; Laws 2001, LB 197, § 15; Laws 2013, LB78, § 9.

Cross References

Nebraska Capital Expansion Act, see section 72-1269.

Nebraska State Funds Investment Act, see section 72-1260.

54-1173. Livestock Auction Market Fund; license and permit fees; occupation tax; use.

The license and permit fees collected as provided by the Livestock Auction Market Act are an occupation tax and shall be remitted to the State Treasurer for credit to the Livestock Auction Market Fund. All money so collected shall be appropriated to the uses of the Department of Agriculture for the purpose of administering such act and shall be paid out only on vouchers approved by the director and upon the warrant or warrants issued by the Director of Administrative Services. Any unexpended balance in such fund at the close of any biennium shall, when reappropriated, be available for the uses and purposes of the fund for the succeeding biennium.

Source:Laws 1963, c. 319, § 17, p. 969; Laws 1969, c. 584, § 54, p. 2379; Laws 1995, LB 7, § 58; Laws 1999, LB 778, § 72; Laws 2001, LB 197, § 16; Laws 2014, LB884, § 29.

54-1174. Repealed. Laws 2014, LB 884, § 34.

54-1175. Repealed. Laws 2004, LB 837, § 3.

54-1176. Repealed. Laws 2004, LB 837, § 3.

54-1177. Repealed. Laws 2014, LB 884, § 34.

54-1178. Maintenance in sanitary condition; rules and regulations.

Every livestock auction market shall be maintained in a sanitary condition under the rules and regulations as prescribed by the director.

Source:Laws 1963, c. 319, § 22, p. 970.

54-1179. Repealed. Laws 2004, LB 837, § 3.

54-1180. Inspection of livestock; duties; fees; use; disposition; notice of change.

All cattle, calves, swine, sheep, and goats, upon entering a livestock auction market, shall be inspected for health before being offered for sale. Such inspection shall be made by a designated veterinarian. The fees for such inspection shall be established by rules and regulations of the department and shall be collected by the operator of the livestock auction market. Such fees shall be used to pay the fees of necessary inspections and for no other purpose and shall be remitted as may be provided by regulation. The fees shall be remitted to the State Treasurer for credit to the Livestock Auction Market Fund and shall be expended exclusively to pay the fees of providing necessary inspections at the livestock auction market which has remitted such fees. Each designated veterinarian making market inspections shall be paid twenty-five dollars for each regularly scheduled sale day in each calendar month as a guaranteed minimum salary for providing adequate inspection services. If the fees collected each calendar month by the market operator do not equal such amount, the market operator shall make up the difference in his or her remittance to the state. The rules and regulations establishing fees for such inspection shall not be adopted, amended, or repealed until after notice by mail to each market licensee and designated veterinarian of the time and place of hearing on the question of adoption, amendment, or repeal of such rules and regulations; such notice shall be mailed at least ten days prior to the date of hearing and shall be sufficient if addressed to the last-known address of each market licensee and designated veterinarian shown on the records of the department.

Source:Laws 1963, c. 319, § 24, p. 971; Laws 1965, c. 334, § 5, p. 956; Laws 1969, c. 454, § 1, p. 1543; Laws 2001, LB 197, § 20; Laws 2014, LB884, § 30.

54-1181. Veterinarians; agreement for services; contents; compensation; liability.

The State Veterinarian shall make the designation of the veterinarians required by sections 54-1180 and 54-1182 by entering into an agreement with any accredited veterinarian for his or her professional services in performing necessary inspections. Such agreement shall provide that the State Veterinarian may terminate it at any time for what he or she deems to be just cause and shall further provide that the state pay such veterinarian a fee as established by section 54-1180, which amount shall be paid monthly from the Livestock Auction Market Fund. Such agreement shall make the designated veterinarian an agent for the Department of Agriculture to perform the duties assigned by sections 54-1180 and 54-1182, and the rules and regulations prescribed by the department, but shall not be deemed to make the designated veterinarian an officer or employee of the state. The orders of such designated veterinarian, issued in the performance of the duties assigned under sections 54-1180 and 54-1182 and the rules and regulations prescribed by the department, shall have the same force and effect as though such order had been made by the State Veterinarian. Designated veterinarians shall not be liable for reasonable acts performed to carry out the duties as set forth in sections 54-1180 and 54-1182 and the rules and regulations prescribed by the department pursuant to such sections.

Source:Laws 1963, c. 319, § 25, p. 971; Laws 1965, c. 334, § 6, p. 957; Laws 1969, c. 454, § 2, p. 1544; Laws 2001, LB 197, § 21; Laws 2014, LB884, § 31.

54-1181.01. Violations; penalty.

Any person engaging in livestock commerce at a licensed livestock auction market who violates any provision of sections 54-1180 and 54-1181, or any rules or regulations duly promulgated thereunder, shall be guilty of a Class II misdemeanor.

Source:Laws 1969, c. 454, § 3, p. 1545; Laws 1977, LB 39, § 36.

54-1182. Livestock sold; treatment by veterinarians; release; documentation; rules and regulations.

Any livestock sold or disposed of at a livestock auction market, before removal therefrom, shall be released by the designated veterinarian and treated to conform with the health requirements of the rules and regulations prescribed by the department for the movement of livestock. When required, the designated veterinarian shall furnish each owner with documentation showing such inspection, treatment, or quarantine. No such livestock for interstate or intrastate shipment shall be released until all the requirements of the state of its destination have been complied with. Any diseased or exposed livestock shall be handled in accordance with the rules and regulations as prescribed by the department.

Source:Laws 1963, c. 319, § 26, p. 972; Laws 1965, c. 334, § 7, p. 957; Laws 1999, LB 778, § 75; Laws 2001, LB 197, § 22; Laws 2003, LB 160, § 8; Laws 2014, LB884, § 32.

54-1183. Transferred to section 54-1,129.

54-1184. Transferred to section 54-1,130.

54-1185. Transferred to section 54-1,131.

54-1186. Transferred to section 54-1156.

54-1201. Repealed. Laws 1999, LB 533, § 1.

54-1202. Repealed. Laws 1999, LB 533, § 1.

54-1203. Repealed. Laws 1999, LB 533, § 1.

54-1301. Repealed. Laws 1967, c. 339, § 18.

54-1302. Repealed. Laws 1967, c. 339, § 18.

54-1303. Repealed. Laws 1967, c. 339, § 18.

54-1304. Repealed. Laws 1967, c. 339, § 18.

54-1305. Repealed. Laws 1967, c. 339, § 18.

54-1306. Repealed. Laws 1967, c. 339, § 18.

54-1307. Repealed. Laws 1967, c. 339, § 18.

54-1308. Repealed. Laws 1967, c. 339, § 18.

54-1309. Repealed. Laws 1967, c. 339, § 18.

54-1310. Repealed. Laws 1967, c. 339, § 18.

54-1311. Repealed. Laws 1967, c. 339, § 18.

54-1312. Repealed. Laws 1967, c. 339, § 18.

54-1313. Repealed. Laws 1967, c. 339, § 18.

54-1314. Repealed. Laws 1967, c. 339, § 18.

54-1315. Repealed. Laws 1967, c. 339, § 18.

54-1316. Repealed. Laws 1967, c. 339, § 18.

54-1317. Repealed. Laws 1967, c. 339, § 18.

54-1318. Repealed. Laws 1967, c. 339, § 18.

54-1319. Repealed. Laws 1967, c. 339, § 18.

54-1320. Repealed. Laws 1967, c. 339, § 18.

54-1321. Repealed. Laws 1967, c. 339, § 18.

54-1322. Repealed. Laws 1967, c. 339, § 18.

54-1323. Repealed. Laws 1967, c. 339, § 18.

54-1324. Repealed. Laws 1967, c. 339, § 18.

54-1325. Repealed. Laws 1967, c. 339, § 18.

54-1326. Repealed. Laws 1967, c. 339, § 18.

54-1327. Repealed. Laws 1967, c. 339, § 18.

54-1328. Repealed. Laws 1967, c. 339, § 18.

54-1329. Repealed. Laws 1967, c. 339, § 18.

54-1330. Repealed. Laws 1967, c. 339, § 18.

54-1331. Repealed. Laws 1983, LB 573, § 20.

54-1332. Repealed. Laws 1983, LB 573, § 20.

54-1333. Repealed. Laws 1983, LB 573, § 20.

54-1334. Repealed. Laws 1983, LB 573, § 20.

54-1335. Repealed. Laws 1983, LB 573, § 20.

54-1336. Repealed. Laws 1983, LB 573, § 20.

54-1337. Repealed. Laws 1983, LB 573, § 20.

54-1338. Repealed. Laws 1983, LB 573, § 20.

54-1339. Repealed. Laws 1983, LB 573, § 20.

54-1339.01. Repealed. Laws 1983, LB 573, § 20.

54-1340. Repealed. Laws 1983, LB 573, § 20.

54-1341. Repealed. Laws 1983, LB 573, § 20.

54-1342. Repealed. Laws 1983, LB 573, § 20.

54-1343. Repealed. Laws 1983, LB 573, § 20.

54-1344. Repealed. Laws 1983, LB 573, § 20.

54-1345. Repealed. Laws 1983, LB 573, § 20.

54-1346. Repealed. Laws 1983, LB 573, § 20.

54-1347. Repealed. Laws 1983, LB 573, § 20.

54-1348. Repealed. Laws 2020, LB344, § 82.

54-1349. Repealed. Laws 2020, LB344, § 82.

54-1350. Repealed. Laws 2020, LB344, § 82.

54-1351. Repealed. Laws 2020, LB344, § 82.

54-1352. Repealed. Laws 2020, LB344, § 82.

54-1353. Repealed. Laws 2020, LB344, § 82.

54-1354. Repealed. Laws 2020, LB344, § 82.

54-1355. Repealed. Laws 2020, LB344, § 82.

54-1356. Repealed. Laws 2020, LB344, § 82.

54-1357. Repealed. Laws 2020, LB344, § 82.

54-1358. Repealed. Laws 2020, LB344, § 82.

54-1359. Repealed. Laws 2020, LB344, § 82.

54-1360. Repealed. Laws 2020, LB344, § 82.

54-1361. Repealed. Laws 2020, LB344, § 82.

54-1362. Repealed. Laws 2020, LB344, § 82.

54-1363. Repealed. Laws 2020, LB344, § 82.

54-1364. Repealed. Laws 2020, LB344, § 82.

54-1365. Repealed. Laws 2020, LB344, § 82.

54-1366. Repealed. Laws 2020, LB344, § 82.

54-1367. Repealed. Laws 2020, LB344, § 82.

54-1368. Repealed. Laws 2020, LB344, § 82.

54-1369. Repealed. Laws 2020, LB344, § 82.

54-1370. Repealed. Laws 2020, LB344, § 82.

54-1371. Brucellosis Control Cash Fund; created; use; investment; termination date.

The Brucellosis Control Cash Fund is hereby created. Expenditures from the fund may be made to conduct brucellosis testing under the Nebraska Bovine Brucellosis Act. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act. The fund terminates on November 14, 2020, and the State Treasurer shall transfer any money in the fund on such date to the Animal Health and Disease Control Cash Fund.

Source:Laws 1983, LB 573, § 5; Laws 1995, LB 7, § 59; Laws 2016, LB909, § 6; Laws 2020, LB344, § 74.

Cross References

Nebraska Capital Expansion Act, see section 72-1269.

Nebraska State Funds Investment Act, see section 72-1260.

54-1372. Repealed. Laws 2020, LB344, § 82.

54-1373. Repealed. Laws 2020, LB344, § 82.

54-1374. Repealed. Laws 2020, LB344, § 82.

54-1375. Repealed. Laws 2020, LB344, § 82.

54-1376. Repealed. Laws 2020, LB344, § 82.

54-1377. Repealed. Laws 2020, LB344, § 82.

54-1378. Repealed. Laws 2020, LB344, § 82.

54-1379. Repealed. Laws 2020, LB344, § 82.

54-1380. Repealed. Laws 2020, LB344, § 82.

54-1381. Repealed. Laws 2020, LB344, § 82.

54-1382. Repealed. Laws 2020, LB344, § 82.

54-1383. Repealed. Laws 2020, LB344, § 82.

54-1384. Repealed. Laws 2020, LB344, § 82.

54-1401. Repealed. Laws 2015, LB 91, § 1.

54-1402. Repealed. Laws 2015, LB 91, § 1.

54-1403. Repealed. Laws 2015, LB 91, § 1.

54-1404. Repealed. Laws 2015, LB 91, § 1.

54-1405. Repealed. Laws 2015, LB 91, § 1.

54-1406. Repealed. Laws 2015, LB 91, § 1.

54-1407. Repealed. Laws 2015, LB 91, § 1.

54-1408. Repealed. Laws 2015, LB 91, § 1.

54-1409. Repealed. Laws 2015, LB 91, § 1.

54-1410. Repealed. Laws 2015, LB 91, § 1.

54-1411. Repealed. Laws 2015, LB 91, § 1.

54-1412. Transferred to section 54-724.01.

54-1413. Transferred to section 54-724.02.

54-1501. Repealed. Laws 2015, LB 91, § 1.

54-1502. Repealed. Laws 1983, LB 264, § 3.

54-1503. Repealed. Laws 2015, LB 91, § 1.

54-1504. Repealed. Laws 1987, LB 20, § 9.

54-1505. Repealed. Laws 2015, LB 91, § 1.

54-1506. Repealed. Laws 1983, LB 264, § 3.

54-1507. Repealed. Laws 1987, LB 20, § 9.

54-1507.01. Repealed. Laws 1987, LB 20, § 9.

54-1508. Repealed. Laws 2015, LB 91, § 1.

54-1509. Repealed. Laws 2015, LB 91, § 1.

54-1510. Repealed. Laws 2015, LB 91, § 1.

54-1511. Repealed. Laws 2015, LB 91, § 1.

54-1512. Repealed. Laws 2015, LB 91, § 1.

54-1513. Repealed. Laws 2015, LB 91, § 1.

54-1514. Repealed. Laws 2015, LB 91, § 1.

54-1515. Repealed. Laws 2015, LB 91, § 1.

54-1516. Repealed. Laws 2015, LB 91, § 1.

54-1517. Repealed. Laws 2015, LB 91, § 1.

54-1518. Repealed. Laws 2015, LB 91, § 1.

54-1519. Repealed. Laws 2015, LB 91, § 1.

54-1520. Repealed. Laws 2015, LB 91, § 1.

54-1521. Repealed. Laws 2015, LB 91, § 1.

54-1522. Repealed. Laws 2015, LB 91, § 1.

54-1523. Repealed. Laws 2015, LB 91, § 1.

54-1601. SPF, defined.

As used in sections 54-1601 to 54-1605, unless the context otherwise requires, SPF shall mean specific pathogen-free swine, which must conform to the conditions and health standards prescribed by the University of Nebraska Institute of Agriculture and Natural Resources or its designated agents under such sections.

Source:Laws 1967, c. 338, § 1, p. 905; Laws 1991, LB 663, § 37.

54-1602. SPF Accredited; advertisement; subject to sections.

Every person, partnership, limited liability company, firm, association, or corporation which issues, uses, or circulates any certificate, advertisement, tag, seal, poster, letterhead, marking, circular, or written or printed representation or description of or pertaining to SPF swine intended for propagation or sale or sold or offered for sale in which the words SPF Accredited, Nebraska SPF Accredited, or similar words or phrases are used or employed or in which are used or employed signs, symbols, maps, diagrams, pictures, words, or phrases expressly or impliedly stating or representing that such SPF swine comply with or conform to the standards or requirements recommended or approved by the University of Nebraska Institute of Agriculture and Natural Resources or by any legal entity or organization designated by such institute shall be subject to the provisions of sections 54-1601 to 54-1605.

Source:Laws 1967, c. 338, § 2, p. 905; Laws 1969, c. 457, § 1, p. 1552; Laws 1991, LB 663, § 38; Laws 1993, LB 121, § 343.

54-1603. University of Nebraska Institute of Agriculture and Natural Resources; accreditation.

Every person, firm, partnership, limited liability company, association, or corporation subject to the provisions of sections 54-1601 to 54-1605 shall observe, perform, and comply with all rules, regulations, and requirements fixed, established, or specified by the University of Nebraska Institute of Agriculture and Natural Resources or its designated agents as to what SPF swine raised or to be raised in Nebraska shall be eligible for accreditation as provided by such sections as to standards, requirements, and forms of and for accreditation under such sections. No accreditation within the provisions of such sections shall be made or authorized except by or through the institute or its designated agents.

Source:Laws 1967, c. 338, § 3, p. 906; Laws 1991, LB 663, § 39; Laws 1994, LB 884, § 71.

54-1604. University of Nebraska Institute of Agriculture and Natural Resources; accreditation; withhold.

The University of Nebraska Institute of Agriculture and Natural Resources or its designated agency may withhold Nebraska SPF accreditation from any producer of SPF swine who is engaged in or attempting to engage in any dishonest practice for the purpose of evading the provisions of sections 54-1601 to 54-1605, including standards, rules, and regulations approved by the institute to cover accreditation.

Source:Laws 1967, c. 338, § 4, p. 906; Laws 1991, LB 663, § 40.

54-1605. Violations; penalty.

It shall be unlawful for any person, partnership, limited liability company, firm, association, or corporation to issue, make, use, or circulate any accreditation without the authority and approval of the University of Nebraska Institute of Agriculture and Natural Resources or its duly authorized agency. Every person, partnership, limited liability company, firm, association, or corporation who violates any of the provisions of sections 54-1601 to 54-1605 pertaining to accreditation shall be guilty of a Class IV misdemeanor.

Source:Laws 1967, c. 338, § 5, p. 906; Laws 1977, LB 39, § 45; Laws 1991, LB 663, § 41; Laws 1993, LB 121, § 344.

54-1701. Public policy.

Sections 54-1701 to 54-1711 shall be deemed an exercise of the police powers of the State of Nebraska for the protection of the agricultural public to facilitate the control and prevention of diseases in domestic animals by requiring compliance with the laws of this state enacted for that purpose together with such regulations as may have been or may be made pursuant thereto. It is, therefor, declared to be the public policy of this state that all dealers as defined in sections 54-1701 to 54-1711 shall be subject to sections 54-1701 to 54-1711, and that all the provisions of sections 54-1701 to 54-1711 shall be liberally construed for the accomplishment of this purpose.

Source:Laws 1969, c. 447, § 1, p. 1493.

54-1702. Act, how cited.

Sections 54-1701 to 54-1711 may be cited as the Nebraska Livestock Dealer Licensing Act.

Source:Laws 1969, c. 447, § 2, p. 1493.

54-1703. Terms, defined.

As used in sections 54-1701 to 54-1711, unless the context otherwise requires:

(1) Department shall mean the Department of Agriculture;

(2) Director shall mean the Director of Agriculture;

(3) State Veterinarian shall mean the person officially appointed to this position by the director;

(4) Livestock shall mean cattle, sheep, and swine;

(5) Livestock dealer shall mean any person, partnership, limited liability company, association, or corporation who is engaged in the business of buying or selling livestock for the purpose of resale within this state either for his or her own account or as the employee or agent of the seller or purchaser, except an agent or employee who buys and sells exclusively for the account of a licensed dealer. Livestock dealer shall also include those who buy or sell from a concentration point. Livestock dealer shall not include a person or persons engaged in a farm or ranch operation who purchases livestock for utilization of same as an integral part of the livestock and livestock product production of his or her farm or ranch operation or purebred sales held by the breed registry associations or the purchase or sale of livestock primarily used for research, experimentation, exhibition, or entertainment purposes, including sales by the Future Farmers of America or 4-H groups; and

(6) Concentration point shall mean any place of business where livestock is assembled for resale.

Source:Laws 1969, c. 447, § 3, p. 1493; Laws 1972, LB 1361, § 1; Laws 1993, LB 121, § 345.

54-1704. Livestock dealer; license; application; bond; form; renewal; fee; disposition.

No person as defined in the Nebraska Livestock Dealer Licensing Act as a livestock dealer shall:

(1) Engage in the business of buying, selling, or otherwise dealing in livestock in this state without a valid and effective license issued by the Director of Agriculture under the provisions of this section. All applications for a livestock dealer license or renewal of such license shall be made on forms prescribed for that purpose by the State Veterinarian. The department may by rule and regulation prescribe additional information to be contained in such application. The application shall be filed annually with the department on or before October 1 of each year with the applicable fee of fifty dollars. The license fees collected as provided by the Nebraska Livestock Dealer Licensing Act shall be deposited in the state treasury, and by the State Treasurer placed in the Livestock Auction Market Fund. All money so collected shall be appropriated to the uses of the Department of Agriculture for the purpose of administering the provisions of the Nebraska Livestock Dealer Licensing Act;

(2)(a) Engage in the business of buying, selling, or otherwise dealing in livestock in this state without filing with the department, in connection with his or her application for a license, a fully executed duplicate of a valid and effective bond: (i) If he or she is registered and bonded under the provisions of the federal Packers and Stockyards Act of 1921, 7 U.S.C. 181 et seq., he or she shall file a statement in the form prescribed by the department evidencing that he or she is maintaining a valid and effective bond or its equivalent under such act; or (ii) if he or she is not registered and bonded under the provisions of the federal Packers and Stockyards Act, he or she shall furnish in connection with his or her application for a license a fully executed duplicate of a valid and effective bond in the amount of five thousand dollars or such larger amount as may be specified by regulations promulgated by the department. (b) The bond shall contain the following conditions: (i) That the principal shall pay when due to the person or persons entitled thereto the purchase price of all livestock purchased by such principal for his or her own account or for the accounts of others and such principal shall safely keep and properly disburse all funds, if any, which come into his or her hands for the purpose of paying for livestock purchased for the accounts of others; (ii) that any person damaged by failure of the principal to comply with the condition clause of the bond may maintain suit to recover on the bond; and (iii) that at least thirty days' notice in writing shall be given to the department by the party terminating the bond; or

(3) Continue in the business of a dealer after his or her license or bond has expired, or has been suspended or revoked.

Source:Laws 1969, c. 447, § 4, p. 1494; Laws 1972, LB 1361, § 2; Laws 1983, LB 617, § 10; Laws 1997, LB 752, § 136; Laws 2016, LB909, § 8.

54-1705. State Veterinarian; powers.

The State Veterinarian shall have the power to:

(1) Enter premises and buildings occupied by a licensee at any reasonable time to examine books and records maintained by the licensee;

(2) Require, by general or special order, livestock dealers to file with the State Veterinarian, in such forms as he may prescribe, regular or special reports or answers, in writing to specific questions, for the purpose of furnishing information concerning livestock movement and animal disease control. Such reports may be required to be made under oath and filed within a reasonable time;

(3) Defer the granting of a license as required by sections 54-1701 to 54-1711 or suspend or revoke any such license already issued if licensee has violated the laws or regulations of this state pertaining to disease control and eradication or has knowingly committed or participated in the violation of an order or quarantine or other disciplinary order issued by the department; Provided, that before any license is suspended or revoked under this section, the licensee or applicant shall be furnished with a copy of the charges made against him and upon request of the licensee a hearing shall be had before the director or his designate; and

(4) Defer the granting of a license as required by sections 54-1701 to 54-1711 or suspend or revoke any such license already issued if the licensee has failed to pay the person or persons entitled thereto the purchase price of all livestock purchased for his own account or for the accounts of others; Provided, that before any license is suspended or revoked under this section, the licensee or applicant shall be furnished with a copy of the charges made against him and upon request of the licensee a hearing shall be had before the director or his designate.

Source:Laws 1969, c. 447, § 5, p. 1495; Laws 1972, LB 1361, § 3.

54-1706. Violations; order to appear; notice; hearing; appeal.

(1) Whenever the director or the State Veterinarian has reason to believe that any person has violated any of the provisions of the Nebraska Livestock Dealer Licensing Act or any rules or regulations adopted and promulgated under the act, an order may be entered requiring such person to appear before the director and show cause why an order should not be entered requiring such person to cease and desist from the violations charged. Such order shall set forth the alleged violations, fix the time and place of the hearing, and provide for notice thereof which shall be given not less than twenty days before the date of such hearing. After a hearing, or if the person charged with such violation fails to appear at the time of such hearing, if the director finds such person to be in violation, he or she shall enter an order requiring such person to cease and desist from the specific acts, practices, or omissions.

(2) Any person aggrieved by any order entered by the director or other action of the director may appeal the order or action, and the appeal shall be in accordance with the Administrative Procedure Act.

Source:Laws 1969, c. 447, § 6, p. 1495; Laws 1988, LB 352, § 96.

Cross References

Administrative Procedure Act, see section 84-920.

54-1707. Hearings; procedure; order; appeal.

(1) Hearings shall be conducted by the director or by a hearing officer designated by him or her. Provision shall be made to insure that any such hearing officer other than the director shall not have participated in the performance of investigative or prosecuting functions in the case to which he or she is assigned. The hearing shall be conducted in an impartial manner by the hearing officer who may administer oaths, rule upon offers of proof and objections, and take such other action as may be necessary. He or she shall not be bound by formal rules of evidence as observed in courts of law but shall exclude irrelevant, immaterial, or unduly repetitious evidence. The burden of proof and of proceeding with the evidence shall be on the department, and every party shall have the right to compulsory process, to representation by counsel of his or her own choosing, and to cross-examination of and confrontation by witnesses against him or her.

(2) Whenever any hearing is conducted by any person other than the director, the person conducting the same shall render a recommended decision with appropriate proposed findings and orders disposing of all the relevant matters of fact and law involved in the proceeding. Thereafter the case may be remanded to the person or persons who conducted the hearing with such instructions as the director may deem appropriate, or the director himself or herself may perform such function and may conduct a new or supplemental hearing. The director may dispense with a recommended decision and proceed to the rendering of his or her final order thereon with appropriate findings of fact on the basis of the entire record as certified to him or her by the person conducting the hearing. Prior to each recommended and each final decision, the parties shall be afforded an opportunity to submit proposed findings, briefs, and arguments as the director may deem appropriate.

(3) Any person aggrieved by any order entered by the director or other action taken by the department may appeal the order or action, and the appeal shall be in accordance with the Administrative Procedure Act.

Source:Laws 1969, c. 447, § 7, p. 1496; Laws 1988, LB 352, § 97.

Cross References

Administrative Procedure Act, see section 84-920.

54-1708. State Veterinarian; rules and regulations; adopt; inspections; fees.

(1) The State Veterinarian shall, subject to the approval of the director, adopt rules and regulations necessary to carry out the purposes, provisions, and intent of sections 54-1701 to 54-1711.

(2) The State Veterinarian shall make the designation of the veterinarian required by the provisions of sections 54-1701 to 54-1711 by entering into an agreement with any duly licensed veterinarian for his or her professional services in performing necessary inspections. Such agreement shall provide that the State Veterinarian may terminate it at any time for what he or she deems to be just cause. Such contract shall make the veterinarian an agent for the Department of Agriculture to perform the duties assigned by sections 54-1701 to 54-1711 and the rules and regulations prescribed by the State Veterinarian, but shall not be deemed to make the veterinarian an officer or employee of the state. The orders of such veterinarian, issued in the performance of the duties assigned him or her by sections 54-1701 to 54-1711 and the rules and regulations prescribed by the State Veterinarian shall have the same force and effect as though such order had been made by the State Veterinarian. Veterinarians, designated in accordance with the requirements of this section, shall not be liable for reasonable acts performed to carry out the duties as set forth in sections 54-1701 to 54-1711 and the rules and regulations prescribed by the State Veterinarian.

(3) Fees for such inspection and release shall be paid by the licensee.

Source:Laws 1969, c. 447, § 8, p. 1497; Laws 1980, LB 631, § 5.

54-1709. Licensed dealer; records; contents; access.

Every dealer required to be licensed under the provisions of sections 54-1701 to 54-1711 shall keep such records and accounts as shall fully and correctly disclose all purchases, sales or transfers involving livestock transactions consummated in connection with his business. The records pertaining to such business shall also disclose the true ownership of such business by stockholders or otherwise and shall contain such information as the director or State Veterinarian may prescribe including the manner in which such records shall be kept. Every licensee shall, during all reasonable times, permit authorized employees and agents of the department to have access to and to copy any or all records relating to his business.

Source:Laws 1969, c. 447, § 9, p. 1498.

54-1710. Facility; standards; State Veterinarian; prescribe; concentration points; inspection; approval.

Livestock moving in commerce handled by dealers covered by the provisions of sections 54-1701 to 54-1711 and held at a facility shall be held at a facility conforming to standards prescribed by regulation by the State Veterinarian, and in no case shall the standards be less than the standards prescribed for livestock auction markets. Such facility shall not be used unless it has been approved by the State Veterinarian.

Livestock moving into a concentration point shall not be removed from the premises until such livestock has been inspected and released by the approved veterinarian. No livestock shall be released from a concentration point until all the requirements of the State of Nebraska or the state of destination, whichever applies, shall have been met.

Source:Laws 1969, c. 447, § 10, p. 1498.

54-1711. Violations; penalty.

Any livestock dealer who violates any of the provisions of sections 54-1701 to 54-1711 or any rule or regulation promulgated thereunder, or any order of the department after such order has become final or upon termination of any review proceeding where the order has been sustained by a court of law, shall be guilty of a Class III misdemeanor. Each day of continued violation shall constitute a separate offense.

Source:Laws 1969, c. 447, § 11, p. 1498; Laws 1977, LB 39, § 46.

54-1801. Act, how cited.

Sections 54-1801 to 54-1808 may be cited as the Nebraska Livestock Sellers Protective Act.

Source:Laws 1969, c. 448, § 1, p. 1499.

54-1802. Terms, defined.

For purposes of the Nebraska Livestock Sellers Protective Act, unless the context otherwise requires:

(1) Director shall mean the Director of Agriculture;

(2) Slaughter livestock shall mean cattle, sheep, and swine produced or fed in this state and destined for immediate slaughter;

(3) Purchaser shall mean any person, firm, corporation, or association engaged in the purchase of slaughter livestock in excess of five hundred animal units per year based upon two hundred sixty slaughtering days;

(4) Animal unit shall consist of one head of cattle, or three calves, under four hundred fifty pounds, or five hogs, or ten sheep or lambs;

(5) Insolvent shall mean that a person either has ceased to pay his or her debts in the ordinary course of business or cannot pay his or her debts as they become due or is insolvent within the meaning of the Federal Bankruptcy Act;

(6) Person shall include individuals, firms, associations, limited liability companies, or corporations or employees, officers, or limited liability company members thereof; and

(7) Purchase of livestock for slaughter shall mean the purchase of livestock for immediate use in manufacturing or preparing meat or meat food products.

Source:Laws 1969, c. 448, § 2, p. 1499; Laws 1994, LB 884, § 72.

54-1803. Purchasing slaughter livestock; unlawful acts.

After December 25, 1969, it shall be unlawful for any person engaged in the business of purchasing slaughter livestock to:

(1) Purchase slaughter livestock when insolvent; or

(2) Neglect, before the close of the next business day following the purchase of slaughter livestock or within twenty-four hours following the determination of the purchase price, whichever may occur last, to remit to the seller or his representative the full amount of the purchase cost; Provided, that this section does not require payment in lieu of an express agreement to the contrary.

Source:Laws 1969, c. 448, § 3, p. 1500.

54-1804. Slaughter livestock; purchaser; requirements.

Any purchaser who buys slaughter livestock other than through a selling agent who is bonded or otherwise secured to assure payment as required by the United States Packers and Stockyards Act (7 U.S.C. 181) and the rules and regulations promulgated thereunder, shall be required to register with the director, and shall provide assurance of his financial ability to faithfully and promptly account for and pay to the seller or his designated representative, the total proceeds from the sale of slaughter livestock in accordance with the requirements which the director may establish by rule and regulation in accordance with the Administrative Procedure Act.

Source:Laws 1969, c. 448, § 4, p. 1500.

Cross References

Administrative Procedure Act, see section 84-920.

54-1805. Director of Agriculture; violations; restraining order; appointment of receiver; Attorney General, county attorney; duties.

Whenever the director has reason to believe that the purchase of livestock for slaughter by a purchaser is causing or may reasonably be expected to result in a failure by the purchaser to fulfill obligations incurred in the purchase of livestock for slaughter or in the event of a violation of any of the provisions of sections 54-1801 to 54-1808 or the rules and regulations duly promulgated thereunder, the director may apply for a temporary or permanent injunction restraining any purchaser from purchasing slaughter livestock or violating or continuing to violate any of the provisions of sections 54-1801 to 54-1808 or any rule or regulation promulgated under sections 54-1801 to 54-1808, notwithstanding the existence of other remedies at law. For good cause shown, the district court may appoint the director or the director's designee to serve as a receiver for the purchaser for the protection of the sellers of slaughter livestock to the purchaser. It shall be the duty of each county attorney or the Attorney General to whom the director reports any violation to cause appropriate proceedings to be instituted in the proper courts without delay and to be prosecuted in the manner required by law.

Source:Laws 1969, c. 448, § 5, p. 1500; Laws 1984, LB 824, § 1.

54-1806. Director of Agriculture; reciprocal agreements; basis.

The director shall have the power and authority to enter into reciprocal agreements with the duly authorized representatives of other jurisdictions, federal or state, for the exchange of information and audit reports on a cooperative basis which may assist the director in the proper administration of sections 54-1801 to 54-1808.

Source:Laws 1969, c. 448, § 6, p. 1501.

54-1807. Purchasers of slaughter livestock; records; contents.

All purchasers of slaughter livestock shall keep accurate records of all transactions conducted in the ordinary course of their business. Such records shall be available for examination and audit by the director or his duly authorized agent; Provided, that the director or his agent shall not divulge or make known in any manner, except in hearings before a court of law, any facts or information regarding the purchaser which may be obtained by reason of such examination or audit of the records and transactions of the purchaser.

Source:Laws 1969, c. 448, § 7, p. 1501.

54-1808. Violations; penalty.

Any person violating any provision of sections 54-1801 to 54-1808 shall be guilty of a Class IV felony and shall be liable in double damages to any party injured thereby.

Source:Laws 1969, c. 448, § 8, p. 1501; Laws 1977, LB 39, § 47.

54-1809. Purchase of slaughter livestock; unlawful acts.

(1) It shall be unlawful to purchase slaughter livestock for other than cash or by negotiable instrument drawn upon a banking institution located within the same federal reserve district in which the purchaser's slaughter establishment is situated. This section shall not require payment in cash or by negotiable instrument in lieu of an express agreement in writing to the contrary.

(2) It shall be unlawful for a purchaser to engage in business in such a way that the purchaser causes accounts receivable to be paid directly to an out-of-state depository not under the control of the purchaser rather than directly to the purchaser if such business practice circumvents the rights of the seller.

Source:Laws 1975, LB 436, § 1; Laws 1984, LB 824, § 2.

54-1810. Purchase of slaughter livestock; effect of section.

Nothing in section 54-1809 shall be considered a limitation placed upon any purchaser of slaughter livestock to conduct business or other financial affairs or place accounts with any other financial institutions outside the state.

Source:Laws 1975, LB 436, § 2.

54-1811. Purchase of slaughter livestock; violations; penalties.

Any person, firm, corporation, or association, or any agent thereof, who shall violate the provisions of sections 54-1809 to 54-1811, shall be guilty of a Class II misdemeanor.

Source:Laws 1975, LB 436, § 3; Laws 1977, LB 39, § 48.

54-1901. Act, how cited.

Sections 54-1901 to 54-1915.02 shall be known and may be cited as the Nebraska Meat and Poultry Inspection Law.

Source:Laws 1969, c. 449, § 1, p. 1502; Laws 2021, LB324, § 1.

54-1902. Terms, defined.

For purposes of the Nebraska Meat and Poultry Inspection Law, unless the context otherwise requires:

(1) Adulterated shall apply to any livestock product or poultry product under one or more of the following circumstances:

(a) If it fails to conform to the requirements established by the Nebraska Pure Food Act;

(b) If it has been subjected to radiation, unless the use of the radiation was in conformity with a regulation or exemption in effect pursuant to section 409 of the Federal Food, Drug, and Cosmetic Act approved June 25, 1938, (52 Stat. 1040) and acts amendatory thereof or supplementary thereto; or

(c) If it is margarine containing animal fat and any of the raw material used therein consists in whole or in part of any filthy, putrid, or decomposed substance;

(2) Animal share means an ownership interest in an animal or herd of animals created by a written contract between an informed end consumer and a farmer or rancher that includes a bill of sale to the consumer for an ownership interest in the animal or herd and a boarding provision under which the consumer boards the animal or herd with the farmer or rancher for care and processing and the consumer is entitled to receive a share of meat from the animal or herd;

(3) Capable of use as human food shall apply to any wholesome livestock or poultry carcass or part or product of any such carcass, unless it is denatured or otherwise identified as required by rules and regulations prescribed by the director to preclude its use as human food or it is naturally inedible by humans;

(4) Container or package shall mean any box, can, tin, cloth, plastic, or other receptacle, wrapper, or cover;

(5) Department shall mean the Department of Agriculture;

(6) Director shall mean the Director of Agriculture;

(7) Establishment shall mean any building or structure in which slaughtering, butchering, meat canning, meat packing, meat manufacturing, poultry canning, poultry packing, poultry manufacturing, pet feed manufacturing, or rendering is carried on and the ground upon which such building or structure is erected and so much ground adjacent thereto as is used in carrying on the business of such establishment, including drains, gutters, and cesspools used in connection with the establishment and any place, including where a mobile or remote processing unit is located, or vehicle where livestock, poultry, livestock products, poultry products, meat food products, or poultry food products are prepared, manufactured, stored, sold, offered for sale, or exposed for sale. Establishment does not include operations under federal inspection;

(8) Federal Meat Inspection Act shall mean the act so entitled approved March 4, 1907, (34 Stat. 1260) as amended by the Wholesome Meat Act (81 Stat. 584), federal Poultry Products Inspection Act shall mean the act so entitled approved August 28, 1957, (71 Stat. 441) as amended by the Wholesome Poultry Products Act (82 Stat. 791), and federal acts shall mean the Federal Meat Inspection Act and the federal Poultry Products Inspection Act;

(9) Hydrolyzed whole poultry shall mean the animal feed product resulting from the hydrolyzation of whole carcasses of culled or dead, undecomposed poultry as such product is defined in the Official Publication of the Association of American Feed Control Officials;

(10) Immediate container shall mean any consumer package or any other container in which livestock products or poultry products which are not consumer-packaged are packed;

(11) Inspector shall mean an employee or official or agent of the State of Nebraska authorized by the director, or any employee or official of the federal government or any governmental subdivision of this state authorized by the director, to perform any inspection functions under the Nebraska Meat and Poultry Inspection Law under an agreement between the director and any governmental subdivision or other governmental agency;

(12) Intrastate commerce shall mean commerce within this state;

(13) Label shall mean a display of written, printed, or graphic matter upon any article or the immediate container, not including package liners, of any article;

(14) Labeling shall mean all labels and other written, printed, or graphic matter (a) upon any article or any of its containers or wrappers or (b) accompanying such article;

(15) License shall mean a license issued under the Nebraska Meat and Poultry Inspection Law by the director;

(16) Licensed establishment shall mean any of the establishments as defined in this section which are licensed under the terms of the Nebraska Meat and Poultry Inspection Law or pursuant to the terms of any other act administered by the director;

(17) Livestock shall mean any cattle, sheep, swine, goats, horses, mules, other equines, and other mammalian species as the director may determine, either living or dead;

(18) Livestock product shall mean any carcass, part thereof, meat, or meat food product of any livestock;

(19) Meat food product shall mean any product capable of use as human food which is made wholly or in part from any meat or other portion of the carcass of any cattle, sheep, swine, or goats, except products which contain meat or other portions of such carcasses only in a relatively small proportion or historically have not been considered by consumers as products of the meat food industry and which are exempt from definition as a meat food product by the director under such conditions as the director may prescribe to assure that the meat or other portions of such carcass contained in such product are not adulterated and that such products are not represented as meat food products. This term as applied to food products of equines or other mammalian species as designated by the director shall have a meaning comparable to that provided in this subdivision with respect to cattle, sheep, swine, and goats;

(20) Misbranded shall apply to any livestock product or poultry product under one or more of the following circumstances:

(a) If it fails to conform to the requirements established by the Nebraska Pure Food Act; or

(b) If it fails to bear directly thereon and on its containers, as the director may by rule and regulation prescribe, the official inspection legend and establishment number of the establishment where the product was prepared and, unrestricted by any of the foregoing, such other information as the director may require in such rules and regulations to assure that it will not have false or misleading labeling and that the public will be informed of the manner of handling required to maintain the article in a wholesome condition. Exemptions as to livestock products not in containers may be established by rules and regulations prescribed by the director and exemptions as to small packages may be established for livestock products or poultry products in the same manner;

(21) Mobile or remote processing unit shall mean any equipment for processing whole poultry by grinding, chopping, or other comparable method that is, or is intended to be, transported to or permanently located at locations away from a rendering establishment for purposes of collecting poultry carcasses processed for transport to a rendering establishment in liquid suspension;

(22) Official certificate shall mean any certificate prescribed by rules and regulations of the director for issuance by an inspector or other person performing official functions under the Nebraska Meat and Poultry Inspection Law;

(23) Official device shall mean any device prescribed or authorized by the director for use in applying any official mark;

(24) Official establishment shall mean any establishment as determined by the director at which antemortem and postmortem inspection of livestock or poultry or the inspection of the manufacturing of livestock products or poultry products for human consumption is maintained under the authority of the Nebraska Meat and Poultry Inspection Law;

(25) Official inspection legend shall mean any symbol prescribed by rules and regulations of the director showing that an article was inspected and passed in accordance with the Nebraska Meat and Poultry Inspection Law;

(26) Official mark shall mean the official inspection legend or any other symbol prescribed by regulations of the director to identify the status of any article, livestock, or poultry under the Nebraska Meat and Poultry Inspection Law;

(27) Person shall include individuals, partnerships, limited liability companies, corporations, and associations and any officer, agent, partner, limited liability company member, or employee thereof;

(28) Pesticide chemical, food additive, color additive, and raw agricultural commodity shall have the same meanings for purposes of the Nebraska Meat and Poultry Inspection Law as under the Federal Food, Drug, and Cosmetic Act approved June 25, 1938, (52 Stat. 1040);

(29) Pet feed manufacturing shall mean the business of processing livestock or poultry or carcasses or parts thereof into small animal feed;

(30) Poultry shall mean any domesticated bird or other avian species as the director may designate, either living or dead;

(31) Poultry product shall mean any poultry carcass or part thereof or any product which is made wholly or in part from any poultry carcass or part thereof, except products which contain poultry ingredients only in a relatively small proportion or historically have not been considered by consumers as products of the poultry food industry and which are exempt by the director from definition as a poultry product under such conditions as the director may prescribe to assure that the poultry ingredients in such products are not adulterated and that such products are not represented as poultry products;

(32) Prepared shall mean slaughtered, canned, salted, stuffed, rendered, boned, cut up, frozen, or otherwise manufactured or processed in any manner;

(33) Reinspection shall include inspection of the preparation of livestock products and poultry products, as well as reexamination of articles previously inspected;

(34) Rendering shall mean the business of processing livestock or poultry or carcasses or parts thereof not intended or capable for use as human food, including the processing of poultry carcasses into hydrolyzed whole poultry feed products; and

(35) Shipping container shall mean any container used or intended for use in packaging the product packed in an immediate container.

Source:Laws 1969, c. 449, § 2, p. 1502; Laws 1981, LB 487, § 42; Laws 1991, LB 358, § 5; Laws 1993, LB 121, § 346; Laws 1994, LB 884, § 73; Laws 1997, LB 199, § 2; Laws 2003, LB 160, § 12; Laws 2021, LB324, § 2.

Cross References

Nebraska Pure Food Act, see section 81-2,239.

54-1903. Intent of Nebraska Meat and Poultry Inspection Law.

The intent of the Nebraska Meat and Poultry Inspection Law is to assure that only wholesome meat and poultry products enter regular commercial channels of commerce and to provide that same are identified and truthfully labeled. The director is designated as the administrator of the Nebraska Meat and Poultry Inspection Law and the department is designated as the administrative state agency.

Source:Laws 1969, c. 449, § 3, p. 1507; Laws 2021, LB324, § 3.

54-1904. License; application; inspection; renewal; fee; suspension; when.

It shall be unlawful for any person to operate or maintain any establishment unless first licensed by the department. A license may be obtained by application to the director upon forms prescribed by him or her for that purpose. The license shall authorize and restrict the licensee to the operation or operations requested in his or her application and approved by the director.

Application for a livestock establishment or a poultry establishment license shall be accompanied by a fee of fifty dollars for each establishment. A license application for a rendering establishment or for a pet feed establishment shall be accompanied by a fee of three hundred dollars for each establishment. Such fee shall be deposited in the state treasury and deposited in the Livestock Auction Market Fund.

No license shall be issued until an inspection of the facilities described in the license application is completed showing the proposed facilities to be in conformity with the Nebraska Meat and Poultry Inspection Law and the rules and regulations adopted and promulgated thereunder by the director.

Licenses shall be renewable annually on or before their expiration. No license shall be transferable with respect to licensee or location. The renewal fee shall be the same as the application fee for each license.

Each license shall by order be summarily suspended whenever an inspection reveals that conditions in any establishment constitute a menace to the public health and shall remain suspended until such conditions are corrected, subject to review by the department and courts as is provided for in the Nebraska Meat and Poultry Inspection Law.

In addition, the director may, upon ten days' notice in writing, suspend or revoke any license issued hereunder or refuse to renew the same for violation of any of the provisions of the Nebraska Meat and Poultry Inspection Law or any rule or regulation duly adopted and promulgated by the director. The notice shall specify in writing the charges relied on, and the hearings, disposition, and court review shall be as prescribed by the Nebraska Meat and Poultry Inspection Law.

Source:Laws 1969, c. 449, § 4, p. 1507; Laws 1982, LB 928, § 43; Laws 1983, LB 617, § 11; Laws 1988, LB 352, § 98; Laws 1997, LB 752, § 137; Laws 2016, LB909, § 9.

54-1905. Hearings; how conducted; order; appeal.

Hearings shall be conducted by the director who may administer oaths, rule upon offers of proof and objections, and take such other action as may be necessary.

The director shall not be bound by formal rules of evidence as observed in courts of law but shall exclude irrelevant, immaterial, or unduly repetitious evidence. The burden of proof and of proceeding with the evidence shall be on the department, and every party shall have the right to compulsory process, to representation by counsel of his or her own choosing, and to cross-examination of and confrontation by witnesses against him or her. The final determination of the director may be appealed, and the appeal shall be in accordance with the Administrative Procedure Act.

Source:Laws 1969, c. 449, § 5, p. 1508; Laws 1988, LB 352, § 99.

Cross References

Administrative Procedure Act, see section 84-920.

54-1906. Director of Agriculture; rules and regulations; adopt; requirements.

The director shall promulgate and enforce such rules and regulations as are necessary to the proper administration and enforcement of the provisions of the Nebraska Meat and Poultry Inspection Law. Such rules and regulations shall require:

(1) Antemortem and postmortem inspection, quarantine, segregation, sanitation standards and reinspections with respect to the slaughter of livestock and poultry and the preparation of livestock products and poultry products at all establishments licensed in this state, except those exempted by subdivision (9) of section 54-1908, rendering establishments and pet feed manufacturing establishments;

(2) The identification of livestock and poultry for inspection purposes and the marking and labeling of livestock products or poultry products or their containers, or both, to clearly identify the products as inspected and passed if inspected and passed, or not for sale if not inspected, or condemned if they are found upon inspection to be adulterated. Condemned products shall be decharacterized or denatured or destroyed and shall not be sold or offered for sale as human food;

(3) Prohibition of entry into official establishments of livestock products and poultry products not prepared under federal inspection, or inspection pursuant to the Nebraska Meat and Poultry Inspection Law, and further limit the entry of such articles and other materials into such establishments under such conditions as he or she deems necessary to effectuate the purposes of the Nebraska Meat and Poultry Inspection Law;

(4) That when a livestock product, meat food product, poultry product, or poultry food product leaves an official establishment it shall conform to the requirements of the Nebraska Pure Food Act;

(5) Prior approval of all labeling and containers to be used for such products when sold or transported in intrastate commerce to assure that they comply with the requirements of the Nebraska Pure Food Act;

(6) That necessary facilities, equipment, identification practices, sanitary standards, inspections of materials and ingredients be used in the preparation of products at a rendering establishment or a pet feed establishment for the protection of the health and welfare of the citizens of this state and their pets, livestock, and poultry. Inspections as described in this subdivision shall be at the expense of the establishment operator receiving the service;

(7) That the conveyance or conveyances used by pet feed manufacturers, renderers, and motor carriers are so constructed as to be leak proof, insect tight, readily cleaned, and disinfected and kept in a sanitary condition;

(8) That any mobile or remote processing unit used by renderers be kept in sanitary condition, transported, and utilized in a manner as determined prudent by the department to minimize the risk of the spread of disease;

(9) That the products of hydrolyzed whole poultry processing be processed in such a manner as to be suitable for animal food, including heating by boiling at two hundred twelve degrees Fahrenheit at sea level for thirty minutes, dry extrusion at a minimum temperature of two hundred eighty-four degrees Fahrenheit for thirty seconds with a pressure differential of approximately forty atmospheres as the product exits the extruder, or their equivalents as approved by the department unless it is shown to the satisfaction of the department that heating is not required to render the product suitable for animal food; and

(10) Inspection of all operations traditionally and usually conducted at retail stores where meat, meat food products, poultry, and poultry food products are sold, consumed, held for sale or offered for sale, and in connection therewith, to cause such operations to be inspected to protect the consuming public from meat, poultry, meat food products, and poultry food products which may be adulterated or misbranded by seizure or embargo of such products pursuant to the terms of section 54-1912.

Source:Laws 1969, c. 449, § 6, p. 1508; Laws 1981, LB 487, § 43; Laws 2003, LB 160, § 13.

Cross References

Nebraska Pure Food Act, see section 81-2,239.

54-1907. Records; contents; access.

The following classes of persons shall keep such records for such periods as are specified in regulations adopted by the director to fully and correctly disclose all transactions involved in their business, and shall afford to the director and his representatives access to such places of business, and opportunity, at all reasonable times, to examine the facilities, inventory and records thereof, to copy the records, and to secure samples or specimens of inventory after paying or offering to pay for such sample or specimen:

(1) Any persons who engage in or for intrastate commerce in the business of slaughtering any livestock or poultry, or preparing, freezing, packaging or labeling, buying or selling, transporting, or storing any livestock products or poultry products for human food or animal feed; or

(2) Any persons who engage in or for intrastate commerce in the business of rendering, pet feed manufacturing, buying, selling, storing, or transporting any wholesome or dead, dying, disabled or diseased livestock or poultry, or parts of the carcasses of any such livestock or poultry which died either by slaughter or otherwise.

Source:Laws 1969, c. 449, § 7, p. 1510.

54-1908. Director of Agriculture; powers.

The director shall have the authority to:

(1) Remove inspection from any establishment that fails to abide by the Nebraska Meat and Poultry Inspection Law or any rule or regulation adopted and promulgated under such law;

(2) Refuse to provide inspection service under the Nebraska Meat and Poultry Inspection Law with respect to any establishment for causes specified in section 401 of the Federal Meat Inspection Act or section 18 of the federal Poultry Products Inspection Act;

(3) Order labeling and containers to be withheld from use if the director determines that the labeling is false or misleading or the containers are of a misleading size or form;

(4) Require that equines be slaughtered and prepared in establishments separate from establishments where other livestock are slaughtered or their products are prepared;

(5) Appoint as his or her agent and prescribe the duties of such inspectors and personnel, including employees of the United States Department of Agriculture, as he or she deems necessary for the efficient execution of the provisions of the Nebraska Meat and Poultry Inspection Law, exceptthat inspection requested at times other than regularly scheduled inspection times shall be at the establishment operator's expense;

(6) Cooperate with the Secretary of Agriculture of the United States or with any governmental subdivision of this state in the administration of the Nebraska Meat and Poultry Inspection Law, and to accept federal assistance or assistance from any governmental subdivision of this state for that purpose, and to spend funds of this state appropriated for administration of the Nebraska Meat and Poultry Inspection Law, except that if the director enters into an agreement with the Secretary of Agriculture of the United States involving the acceptance of federal assistance and the utilization of both state and federal personnel, the salaries of state personnel involved in carrying out the enforcement of the Nebraska Meat and Poultry Inspection Law shall be comparable to those of their federal counterparts;

(7) Recommend to the Secretary of Agriculture of the United States for appointment to the advisory committees provided for in the federal acts, such officials or employees of the department as the director shall designate;

(8) Serve as the representative of the Governor for consultation with the secretary under paragraph (c) of section 301 of the Federal Meat Inspection Act and paragraph (c) of section 5 of the federal Poultry Products Inspection Act;

(9) Exempt the operations or any part of the operations at any establishment from inspection or other requirements of the Nebraska Meat and Poultry Inspection Law to the extent the director determines such operations are exempt under the Federal Meat Inspection Act or the federal Poultry Products Inspection Act when such exemption would not jeopardize the public health or welfare; or exempt from the inspection requirements of the Nebraska Meat and Poultry Inspection Law the slaughter of livestock and poultry, preparation of livestock products and poultry products at any establishment in Nebraska when the director determines that it is impractical to provide such inspection and that such exemption will otherwise facilitate enforcement of the Nebraska Meat and Poultry Inspection Law and not endanger the health and welfare of the people of this state. The director may refuse, withdraw, or modify any exemption under this subdivision whenever the director determines such action is necessary to effectuate the purposes of the Nebraska Meat and Poultry Inspection Law;

(10) Adopt and promulgate rules and regulations prescribing the sizes and style of type to be used for labeling information required under the Nebraska Meat and Poultry Inspection Law, and definitions and standards of identity or composition or standards of fill of container, consistent with federal standards, when the director deems such action appropriate for the protection of the health and welfare of the public;

(11) Adopt and promulgate rules and regulations prescribing conditions of storage and handling of livestock products and poultry products by persons engaged in the business of buying, selling, freezing, storing, or transporting such articles in or for intrastate commerce as brokers, wholesalers, common carriers, or otherwise to assure that such articles will not be adulterated or misbranded when delivered to the consumer;

(12) Adopt and promulgate rules and regulations as the director deems necessary prescribing sanitation, antemortem inspection, postmortem inspection, labeling requirements, and facility requirements for the slaughtering and preparation of horses, mules, and other equines and other species in all establishments; and

(13) Adopt and promulgate rules and regulations as the director deems necessary for the efficient execution of the provisions of the Nebraska Meat and Poultry Inspection Law, including rules of practice providing opportunity for hearing in connection with issuance of orders under section 54-1905 and prescribing procedure for proceedings in such cases.

Source:Laws 1969, c. 449, § 8, p. 1510; Laws 2021, LB324, § 4.

54-1909. Unlawful acts.

It shall be unlawful for any person to:

(1) Slaughter any livestock or poultry or prepare any livestock products or poultry products which are capable of use as human food, at any establishment, without first obtaining a license from the director and then only when slaughter or preparation is done in compliance with the requirements of the Nebraska Meat and Poultry Inspection Law and rules and regulations adopted and promulgated by the director;

(2) Engage in rendering or pet feed manufacturing without first obtaining a license from the director and then only when such activity is in compliance with the requirements of the Nebraska Meat and Poultry Inspection Law and rules and regulations adopted and promulgated by the director;

(3) Sell, transport, offer for sale or transportation, or receive for transportation, in intrastate commerce, any such articles which (a) are capable of use as human food and (b) are adulterated or misbranded at the time of such sale, transportation, offer for sale or transportation, or receipt for transportation; or any articles required to be inspected under the Nebraska Meat and Poultry Inspection Law unless they have been so inspected and passed;

(4) Slaughter livestock or poultry for regular commercial channels of commerce unless subjected to antemortem and postmortem inspection, or to sell, offer for sale, expose for sale or have in possession for the purpose of sale, or transport or receive for transportation any livestock product or poultry product capable of use as human food which was slaughtered without antemortem and postmortem inspection and which fails to bear the marks of identification as required by the Nebraska Meat and Poultry Inspection Law and rules and regulations adopted and promulgated under such law. The possession of any quantity of livestock product or poultry product in an amount greater than meets the reasonable consumption of the owner thereof, including all members of such person's immediate household and nonpaying guests, shall be prima facie evidence of intent to sell the same contrary to the Nebraska Meat and Poultry Inspection Law;

(5) With respect to any such articles which are capable of use as human food, do any act while they are being transported in intrastate commerce or held for sale after such transportation, which is intended to cause or has the effect of causing such articles to be adulterated or misbranded;

(6) Sell, transport, offer for sale or transportation, or receive for transportation, in intrastate commerce or from any establishment, any slaughtered poultry from which the blood, feathers, feet, head, or viscera have not been removed in accordance with rules and regulations adopted and promulgated by the director, except as may be authorized by such rules and regulations;

(7) Fail to mark or identify any livestock or poultry, part or product of such carcass as required by the Nebraska Meat and Poultry Inspection Law or rules and regulations adopted and promulgated under such law;

(8) Violate any provision of the rules, regulations, or orders of the director entered pursuant to section 54-1904 or 54-1905 or rules and regulations adopted and promulgated pursuant to section 54-1906 or 54-1908;

(9) Cast, print, lithograph, or otherwise make any device containing any official mark or simulation thereof, or any label bearing any such mark or simulation thereof, except as authorized by the director;

(10) Forge any official device, mark, or certificate or without authorization from the director use any official device, mark, or certificate, or simulation thereof, or alter, detach, remove, deface, or destroy any official device, mark, or certificate required pursuant to the terms of the Nebraska Meat and Poultry Inspection Law and rules and regulations adopted and promulgated by the director;

(11) Knowingly possess, without promptly notifying the director or the director's representative, any official device or any counterfeit, simulated, forged, or improperly altered official certificate or any device or label or any carcass of any animal, including poultry, or part or product thereof, bearing any counterfeit, simulated, forged, or improperly altered official mark, or knowingly make any false statement in any shipper's certificate or other nonofficial or official certificate provided for in the rules and regulations adopted and promulgated by the director; or knowingly represent that any article has been inspected and passed, or exempted, under the Nebraska Meat and Poultry Inspection Law when in fact it has not been so inspected and passed or exempted;

(12) Sell, transport, offer for sale or transportation, or receive for transportation, in intrastate commerce, any carcasses of horses, mules, or other equines or parts of such carcasses, or the meat or meat food products thereof, unless they are plainly and conspicuously marked or labeled or otherwise identified as required by rules and regulations prescribed by the director to show the kinds of animals from which they were derived;

(13) Buy, sell, transport, or offer for sale or transportation, or receive for transportation, in intrastate commerce, any livestock products or poultry products, or dead, dying, disabled, or diseased livestock or poultry which are not intended for use as human food unless they are denatured or otherwise identified or decharacterized as required by the rules and regulations of the director so as to prevent them from being used for human food purposes;

(14) Give, pay, or offer, directly or indirectly, to any officer or employee of this state authorized to perform any of the duties prescribed by the Nebraska Meat and Poultry Inspection Law or by the rules and regulations of the director, any money or other thing of value, with intent to influence such officer or employee in the discharge of any such duty;

(15) Neglect or refuse to attend and testify or to answer any lawful inquiry, or to produce documentary evidence, if in such person's power to do so, in obedience to the subpoena or lawful requirement of the director; or

(16) Willfully make, or cause to be made, any false entry or statement of fact in any report required to be made under the Nebraska Meat and Poultry Inspection Law or rules and regulations adopted and promulgated under such law, or willfully make, or cause to be made, any false entry in any account, record, or memorandum kept by any person subject to the Nebraska Meat and Poultry Inspection Law or willfully neglect or fail to make or to cause to be made, full, true, and correct entries in such accounts, records, or memoranda, of all facts and transactions appertaining to the business of such person or that shall willfully remove out of the jurisdiction of this state, or willfully mutilate, alter, or by any other means falsify any documentary evidence of any person subject to the Nebraska Meat and Poultry Inspection Law or to willfully refuse to submit to the director or to any of the director's authorized agents, for the purpose of inspection and taking copies, any documentary evidence of any person subject to the Nebraska Meat and Poultry Inspection Law in such person's possession or within such person's control; or for any inspector to make public any information obtained by the director, under the authority granted by the Nebraska Meat and Poultry Inspection Law, without first securing the director's authority to do so, unless directed by a court to divulge such information.

Source:Laws 1969, c. 449, § 9, p. 1513; Laws 2021, LB324, § 5.

54-1910. Inspection of products; when completed.

No inspection of products placed in any container at any official establishment shall be deemed to be complete until the products are sealed or enclosed therein under the supervision of an inspector.

Source:Laws 1969, c. 499, § 10, p. 1516.

54-1911. Exempted product; adulterated or misbranded; seized by inspector; when.

Whenever any livestock product or poultry product or any product exempted from the definition of a livestock product and from the definition of a poultry product, or any dead, dying, disabled, or diseased livestock or poultry, is found by any authorized representative of the director upon any premises where it is held for purposes of distribution, or during or after distribution, in intrastate commerce or is otherwise subject to the Nebraska Meat and Poultry Inspection Law, and the authorized representative or inspector has reason to believe that any such article is adulterated or misbranded and is capable of use as human food, or that it has not been inspected and fails to bear an official mark or is otherwise in violation of the Nebraska Meat and Poultry Inspection Law or of the federal acts or the Nebraska Pure Food Act, or that such article or animal has been or is intended to be distributed in violation of any such provisions, it may be seized and embargoed by such representative or inspector for a period not to exceed twenty days, pending action under section 54-1912 or notification of any federal authorities having jurisdiction over such article or animal, and shall not be moved by any person from the place at which it is located when so seized or embargoed until released by an inspector or representative of the department or by an order of a court having jurisdiction. All official marks may be required by such representative or inspector to be removed from such article or animal before it is released unless it appears to the satisfaction of the director that the article or animal is eligible to retain such mark or marks.

Source:Laws 1969, c. 449, § 11, p. 1516; Laws 1981, LB 487, § 44; Laws 2021, LB324, § 6.

Cross References

Nebraska Pure Food Act, see section 81-2,239.

54-1912. Product found adulterated or misbranded; seizure; destruction; procedure.

Any livestock product or poultry product or any dead, dying, disabled, or diseased livestock or poultry that is being transported in intrastate commerce or is otherwise subject to the Nebraska Meat and Poultry Inspection Law, or is held for sale in this state after such transportation, and that (1) is or has been prepared, sold, transported, or otherwise distributed or offered or received for distribution in violation of the Nebraska Meat and Poultry Inspection Law or any rules or regulations duly adopted and promulgated under such law, (2) is capable of use as a human food and found to be adulterated or misbranded, or (3) in any other way is in violation of the Nebraska Meat and Poultry Inspection Law, shall be seized and embargoed.

Upon receiving written permission from the owner or claimant, all articles, animals, or poultry under seizure or embargo shall be destroyed at the expense of the owner or claimant. When permission for destruction cannot be obtained, the director shall petition a judge of the district court in whose jurisdiction the article, animal, or poultry is seized or embargoed for a condemnation of such article, animal, or poultry. If the court finds that the seized or embargoed article, animal, or poultry is adulterated or misbranded, it shall, after entry of the decree, be destroyed at the expense of the claimant or owner thereof, under the supervision of the director or an inspector, and all court costs and fees and storage and other proper expenses shall be taxed against the owner or claimant or such owner's or claimant's agent, except that when the adulteration or misbranding can be corrected by proper labeling or further processing of the article of livestock or poultry, the court, after entry of the decree and after such costs, fees, and expenses have been paid and a good and sufficient bond has been executed, conditioned that such article of livestock or poultry shall be so labeled or further processed, may by order direct that such article of livestock or poultry be delivered to the claimant thereof for labeling or further processing under the supervision of an inspector. The expense of such supervision may be assessed against the claimant. The article of livestock or poultry shall be returned to the claimant on the representation to the court by the director that it is no longer in violation of the Nebraska Meat and Poultry Inspection Law, the Nebraska Pure Food Act, or of any federal act or acts, and that the expenses of such supervision have been paid. In the case of mislabeled or misbranded articles of livestock or poultry which are abandoned by the owner and for which no claimant appears, the same may be sold by the director or the director's agent and the proceeds of the sale shall be paid to the State Treasurer to be placed in the General Fund. No article, poultry, or livestock shall be sold contrary to the Nebraska Meat and Poultry Inspection Law, the Nebraska Pure Food Act, the Wholesome Meat Act, or the Wholesome Poultry Products Act.

The provisions of this section shall in no way derogate from authority for condemnation or seizure conferred by other provisions of the Nebraska Meat and Poultry Inspection Law or other laws. The district courts of this state are vested with jurisdiction specifically to enforce and to prevent and restrain violations of the Nebraska Meat and Poultry Inspection Law and shall have jurisdiction in all other kinds of cases arising under the Nebraska Meat and Poultry Inspection Law except as otherwise provided under such law.

Source:Laws 1969, c. 449, § 12, p. 1517; Laws 1981, LB 487, § 45; Laws 2021, LB324, § 7.

Cross References

Nebraska Pure Food Act, see section 81-2,239.

54-1913. Officer, inspector, employee of state; bribes, acceptances; interference; penalty.

(1) Any officer, inspector, or employee of this state authorized to perform any of the duties prescribed by the Nebraska Meat and Poultry Inspection Law who shall accept any money, gift, or other thing of value from any person given with intent to influence his or her official action, or who shall receive or accept from any person engaged in intrastate commerce subject to the Nebraska Meat and Poultry Inspection Law any gift, money, or other thing of value given with any purpose or intent whatsoever, shall be deemed guilty of a Class III misdemeanor and shall be summarily discharged from office.

(2) Any person who forcibly assaults, resists, opposes, impedes, intimidates, bribes or attempts to bribe, or interferes with any inspector or employee while engaged in or on account of the performance of his or her official duties under the Nebraska Meat and Poultry Inspection Law, shall be deemed guilty of a Class II misdemeanor.

(3) Any person who violates any provisions of the Nebraska Meat and Poultry Inspection Law or any rules and regulations duly adopted and promulgated under such law, for which no other criminal penalty is provided by the Nebraska Meat and Poultry Inspection Law, shall be deemed guilty of a Class II misdemeanor, but if such violation involves intent to defraud, or any distribution or attempted distribution of an article that is adulterated, such person shall be guilty of a Class IV felony.

Source:Laws 1969, c. 449, § 13, p. 1518; Laws 1977, LB 39, § 49; Laws 2021, LB324, § 8.

54-1914. Director of Agriculture; violations; investigations; powers; subpoenas.

The director shall have the following additional powers:

(1) Whenever he or she has reason to believe that any licensee may be in possession of information relevant to an investigation by him or her of suspected violations of the provisions of the Nebraska Meat and Poultry Inspection Law or regulations promulgated thereunder, the director may require such person to file with him or her in such form as he or she may prescribe special reports or answers in writing to specific questions, furnishing such information. Such reports and answers shall be made under oath and shall be filed with the director within such reasonable period as the director may prescribe, unless additional time is granted in any case upon prompt application for same.

(2) To have access to all establishments, including any premises where a mobile or remote processing unit is located or utilized, for the purposes of examination or inspection or both at all times and the right to copy any documentary evidence of any person being investigated or proceeded against, and may require by subpoena the attendance and testimony of witnesses and the production of all documentary evidence of any person or the taking of a deposition relating to any matter under his or her investigation. The director may sign subpoenas and may administer oaths and affirmations, examine witnesses, and receive evidence in accordance with the provisions of section 54-1905. In case of disobedience to a subpoena, the director may invoke the aid of the district court of Lancaster County in requiring the attendance and testimony of witnesses and the production of documentary evidence. If any person fails to obey an order of the court, he or she may be punished by the court as for contempt thereof. Witnesses summoned or required to give depositions shall be paid the same fees that are paid witnesses in the district courts of this state and mileage at the same rate provided in section 81-1176 for state employees.

No person shall be excused from attending and testifying or from producing books, papers, schedules of charges, contracts, agreements, or other documentary evidence before the director or in obedience to the subpoena of the director, whether such subpoena be signed or issued by the director or his or her delegate, or in any cause or proceeding, criminal or otherwise, based upon or growing out of any alleged violation of the Nebraska Meat and Poultry Inspection Law, or of any amendments thereto, on the ground or for the reason that the testimony or evidence, documentary or otherwise, required of him or her may tend to incriminate him or her or subject him or her to a penalty or forfeiture; but no individual shall be prosecuted or subjected to a penalty or forfeiture for or on account of any transaction, matter, or thing concerning which he or she is compelled, after having claimed his or her privilege against self-incrimination, to testify or produce evidence, documentary or otherwise, except that any individual so testifying shall not be exempt from prosecution and punishment for perjury committed in so testifying.

Source:Laws 1969, c. 449, § 14, p. 1519; Laws 1981, LB 204, § 96; Laws 2003, LB 160, § 14.

54-1915. Director of Agriculture; cooperate with United States Department of Agriculture.

The director is hereby authorized to cooperate with the United States Department of Agriculture for the exchange and cross certification of employees or inspectors to implement the Nebraska Meat and Poultry Inspection Law.

Source:Laws 1969, c. 449, § 15, p. 1520; Laws 2021, LB324, § 9.

54-1915.01. Acquisition of meat from livestock by an informed end consumer; allowed; conditions.

(1) The acquisition of meat from livestock by an informed end consumer shall not constitute the sale of meat products in contravention of the Nebraska Meat and Poultry Inspection Law and shall not be prohibited if all of the following conditions are met:

(a) The meat is made available pursuant to an animal share and is:

(i) Received by or on behalf of an owner of an animal share; and

(ii) Obtained from the particular livestock subject to the animal share;

(b) Ownership of the particular livestock is established by contract prior to slaughter;

(c) The name and address of each individual with an ownership interest in the particular livestock is presented to the processor prior to slaughter; and

(d) Information describing the standards used by the farm or ranch with respect to livestock health and in the processing of meat from the livestock is provided to the informed end consumer by the farmer or rancher.

(2) A farmer or rancher that sells an animal share shall:

(a) Be a resident of the State of Nebraska; and

(b) Maintain a record of each animal share sold under this section.

(3) No person who obtains meat in accordance with this section shall sell, donate, or commercially redistribute the meat in any way. No farmer or rancher shall publish any statement that implies the department's approval or endorsement of meat made available pursuant to an animal share. The requirement for a license under section 54-1904 or for inspection under the Nebraska Meat and Poultry Inspection Law shall not apply to the sale of meat products pursuant to this section.

Source:Laws 2021, LB324, § 10.

54-1915.02. Independent Processor Assistance Program; created; purpose; department; powers and duties.

(1) The Independent Processor Assistance Program is created. The department shall administer the program contingent on funds being made available for such purpose.

(2) The purpose of the Independent Processor Assistance Program is to:

(a) Address supply chain disruptions caused by a public health emergency;

(b) Increase and improve livestock slaughter and meat processing capacity;

(d) Facilitate workforce development.

(3) In administering the Independent Processor Assistance Program, the department may develop policies and procedures for the disbursement of funds authorized by this section that include, at a minimum, the following:

(a) Applicant eligibility standards. At a minimum, such standards shall require that eligible applicants:

(i) Operate as a federally inspected, state-inspected, or custom-exempt slaughter and processing facility domiciled in Nebraska;

(ii) Demonstrate existing sales revenue of less than two million five hundred thousand dollars and employment of fewer than twenty-five employees; and

(iii) Be registered in good standing with the Secretary of State to do business in Nebraska; and

(b) Expense eligibility standards. At a minimum, such standards shall include:

(i) Capital improvements to expand capacity, including expansion and modifications to existing buildings or construction of new buildings at existing facilities;

(ii) Upgrades to utilities, including water, electric, heat, refrigeration, freezing, and waste facilities;

(iii) Livestock intake and storage equipment;

(iv) Processing and manufacturing equipment, including cutting equipment, mixers, grinders, sausage stuffers, smokers, curing equipment, pipes, motors, pumps, and valves;

(v) Packaging and handling equipment, including sealing, bagging, boxing, labeling, conveying, and product-moving equipment;

(vi) Warehouse equipment, including storage and curing racks;

(vii) Waste treatment and management equipment, including tanks, blowers, separators, dryers, digesters, and equipment that uses waste to produce energy, fuel, or industrial products;

(viii) Technology that allows increased capacity or business resilience, including software and hardware related to business functions, logistics, inventory management, plant production controls, temperature monitoring controls, and website design that enables e-commerce;

(ix) Rental of buildings, facilities, or equipment necessary to expand capacity, including mobile slaughter units and mobile refrigeration units used exclusively for meat or poultry processing;

(x) Costs associated with increased inspections or becoming inspected, including overtime inspection services by the Food Safety and Inspection Service of the United States Department of Agriculture and hazard analysis and critical control point consultation services; and

(xi) Educational and workforce training provided either by the facility or by an institution of higher education.

(4) The department may adopt and promulgate rules and regulations to carry out the purposes of the Independent Processor Assistance Program.

Source:Laws 2021, LB324, § 11.

54-1916. Repealed. Laws 2012, LB 782, § 253.

54-2001. Repealed. Laws 2001, LB 197, § 26.

54-2002. Repealed. Laws 2001, LB 197, § 26.

54-2003. Repealed. Laws 2001, LB 197, § 26.

54-2004. Repealed. Laws 2001, LB 197, § 26.

54-2005. Repealed. Laws 2001, LB 197, § 26.

54-2006. Repealed. Laws 2001, LB 197, § 26.

54-2007. Repealed. Laws 2001, LB 197, § 26.

54-2008. Repealed. Laws 2001, LB 197, § 26.

54-2009. Repealed. Laws 2001, LB 197, § 26.

54-2010. Repealed. Laws 2001, LB 197, § 26.

54-2011. Repealed. Laws 2001, LB 197, § 26.

54-2012. Repealed. Laws 2001, LB 197, § 26.

54-2013. Repealed. Laws 2001, LB 197, § 26.

54-2014. Repealed. Laws 2001, LB 197, § 26.

54-2015. Repealed. Laws 2001, LB 197, § 26.

54-2016. Repealed. Laws 2001, LB 197, § 26.

54-2017. Repealed. Laws 2001, LB 197, § 26.

54-2018. Repealed. Laws 2001, LB 197, § 26.

54-2019. Repealed. Laws 2001, LB 197, § 26.

54-2101. Repealed. Laws 1991, LB 583, § 12.

54-2102. Repealed. Laws 1991, LB 583, § 12.

54-2103. Repealed. Laws 1991, LB 583, § 12.

54-2104. Repealed. Laws 1991, LB 583, § 12.

54-2105. Repealed. Laws 1991, LB 583, § 12.

54-2106. Repealed. Laws 1991, LB 583, § 12.

54-2107. Repealed. Laws 1991, LB 583, § 12.

54-2108. Repealed. Laws 1991, LB 583, § 12.

54-2109. Repealed. Laws 1991, LB 583, § 12.

54-2110. Repealed. Laws 1991, LB 583, § 12.

54-2111. Repealed. Laws 1991, LB 583, § 12.

54-2112. Repealed. Laws 1991, LB 583, § 12.

54-2112.01. Repealed. Laws 1991, LB 583, § 12.

54-2113. Repealed. Laws 1991, LB 583, § 12.

54-2114. Repealed. Laws 1991, LB 583, § 12.

54-2115. Repealed. Laws 1991, LB 583, § 12.

54-2116. Repealed. Laws 1991, LB 583, § 12.

54-2117. Repealed. Laws 1991, LB 583, § 12.

54-2118. Repealed. Laws 1991, LB 583, § 12.

54-2119. Repealed. Laws 1991, LB 583, § 12.

54-2120. Repealed. Laws 1995, LB 11, § 1.

54-2121. Repealed. Laws 1995, LB 11, § 1.

54-2122. Repealed. Laws 1995, LB 11, § 1.

54-2123. Repealed. Laws 1995, LB 11, § 1.

54-2124. Repealed. Laws 1995, LB 11, § 1.

54-2125. Repealed. Laws 1995, LB 11, § 1.

54-2126. Repealed. Laws 1995, LB 11, § 1.

54-2201. Transferred to section 54-2235.

54-2202. Transferred to section 54-2237.

54-2203. Transferred to section 54-2259.

54-2204. Repealed. Laws 1991, LB 359, § 67.

54-2205. Transferred to section 54-2252.

54-2206. Transferred to section 54-2247.

54-2207. Repealed. Laws 1990, LB 1004, § 48.

54-2208. Transferred to section 54-2254.

54-2208.01. Transferred to section 54-2242.

54-2208.02. Transferred to section 54-2244.

54-2208.03. Transferred to section 54-2245.

54-2208.04. Repealed. Laws 1991, LB 359, § 67.

54-2208.05. Repealed. Laws 1991, LB 359, § 67.

54-2208.06. Transferred to section 54-2264.

54-2209. Transferred to section 54-2246.

54-2210. Transferred to section 54-2256.

54-2211. Repealed. Laws 1991, LB 359, § 67.

54-2212. Transferred to section 54-2262.

54-2213. Transferred to section 54-2253.

54-2214. Transferred to section 54-2255.

54-2215. Transferred to section 54-2265.

54-2216. Transferred to section 54-2248.

54-2217. Transferred to section 54-2251.

54-2218. Transferred to section 54-2250.

54-2218.01. Transferred to section 54-2239.

54-2218.02. Repealed. Laws 1991, LB 359, § 67.

54-2219. Transferred to section 54-2243.

54-2220. Transferred to section 54-2249.

54-2220.01. Repealed. Laws 1991, LB 359, § 67.

54-2220.02. Transferred to section 54-2257.

54-2220.03. Transferred to section 54-2258.

54-2220.04. Repealed. Laws 1991, LB 359, § 67.

54-2221. Transferred to section 54-2270.

54-2221.01. Repealed. Laws 1990, LB 1004, § 48.

54-2221.02. Repealed. Laws 1991, LB 359, § 67.

54-2221.03. Repealed. Laws 1991, LB 359, § 67.

54-2221.04. Transferred to section 54-2277.

54-2221.05. Transferred to section 54-2278.

54-2221.06. Repealed. Laws 1991, LB 359, § 67.

54-2221.07. Transferred to section 54-2280.

54-2221.08. Repealed. Laws 1991, LB 359, § 67.

54-2221.09. Transferred to section 54-2281.

54-2221.10. Transferred to section 54-2282.

54-2221.11. Transferred to section 54-2283.

54-2221.12. Transferred to section 54-2284.

54-2221.13. Transferred to section 54-2285.

54-2221.14. Transferred to section 54-2286.

54-2222. Transferred to section 54-2287.

54-2223. Transferred to section 54-2288.

54-2223.01. Transferred to section 54-2236.

54-2223.02. Repealed. Laws 1991, LB 359, § 67.

54-2223.03. Transferred to section 54-2271.

54-2224. Transferred to section 54-2289.

54-2225. Transferred to section 54-2290.

54-2226. Transferred to section 54-2291.

54-2227. Transferred to section 54-2292.

54-2228. Transferred to section 54-2293.

54-2229. Transferred to section 54-2294.

54-2230. Repealed. Laws 1991, LB 359, § 67.

54-2231. Repealed. Laws 1991, LB 359, § 67.

54-2231.01. Repealed. Laws 1991, LB 359, § 67.

54-2232. Repealed. Laws 1991, LB 359, § 67.

54-2233. Transferred to section 54-2298.

54-2234. Transferred to section 54-22,100.

54-2235. Repealed. Laws 2020, LB344, § 82.

54-2236. Repealed. Laws 2020, LB344, § 82.

54-2237. Repealed. Laws 2020, LB344, § 82.

54-2238. Repealed. Laws 2020, LB344, § 82.

54-2239. Repealed. Laws 2020, LB344, § 82.

54-2240. Repealed. Laws 2020, LB344, § 82.

54-2241. Repealed. Laws 2020, LB344, § 82.

54-2242. Repealed. Laws 2020, LB344, § 82.

54-2243. Repealed. Laws 2020, LB344, § 82.

54-2244. Repealed. Laws 2020, LB344, § 82.

54-2245. Repealed. Laws 2020, LB344, § 82.

54-2246. Repealed. Laws 2020, LB344, § 82.

54-2247. Repealed. Laws 2020, LB344, § 82.

54-2248. Repealed. Laws 2020, LB344, § 82.

54-2249. Repealed. Laws 2020, LB344, § 82.

54-2250. Repealed. Laws 2020, LB344, § 82.

54-2251. Repealed. Laws 2020, LB344, § 82.

54-2252. Repealed. Laws 2020, LB344, § 82.

54-2253. Repealed. Laws 2020, LB344, § 82.

54-2254. Repealed. Laws 2020, LB344, § 82.

54-2255. Repealed. Laws 2020, LB344, § 82.

54-2256. Repealed. Laws 2020, LB344, § 82.

54-2257. Repealed. Laws 2020, LB344, § 82.

54-2258. Repealed. Laws 2020, LB344, § 82.

54-2259. Repealed. Laws 2020, LB344, § 82.

54-2260. Repealed. Laws 2020, LB344, § 82.

54-2261. Repealed. Laws 2003, LB 158, § 74.

54-2262. Repealed. Laws 2020, LB344, § 82.

54-2262.01. Repealed. Laws 2020, LB344, § 82.

54-2263. Repealed. Laws 2020, LB344, § 82.

54-2264. Repealed. Laws 2020, LB344, § 82.

54-2265. Repealed. Laws 2020, LB344, § 82.

54-2266. Repealed. Laws 2020, LB344, § 82.

54-2267. Repealed. Laws 2020, LB344, § 82.

54-2268. Repealed. Laws 2020, LB344, § 82.

54-2269. Repealed. Laws 2020, LB344, § 82.

54-2270. Repealed. Laws 2020, LB344, § 82.

54-2271. Repealed. Laws 2020, LB344, § 82.

54-2272. Repealed. Laws 1996, LB 965, § 18.

54-2273. Repealed. Laws 1996, LB 965, § 18.

54-2274. Repealed. Laws 1996, LB 965, § 18.

54-2275. Repealed. Laws 1996, LB 965, § 18.

54-2276. Repealed. Laws 2020, LB344, § 82.

54-2277. Repealed. Laws 2020, LB344, § 82.

54-2278. Repealed. Laws 2020, LB344, § 82.

54-2279. Repealed. Laws 2020, LB344, § 82.

54-2280. Repealed. Laws 2020, LB344, § 82.

54-2281. Repealed. Laws 2020, LB344, § 82.

54-2282. Repealed. Laws 2003, LB 158, § 74.

54-2283. Repealed. Laws 2020, LB344, § 82.

54-2284. Repealed. Laws 2003, LB 158, § 74.

54-2285. Repealed. Laws 2003, LB 158, § 74.

54-2286. Repealed. Laws 2020, LB344, § 82.

54-2287. Repealed. Laws 2020, LB344, § 82.

54-2288. Repealed. Laws 2020, LB344, § 82.

54-2289. Repealed. Laws 2020, LB344, § 82.

54-2290. Repealed. Laws 2020, LB344, § 82.

54-2291. Repealed. Laws 2020, LB344, § 82.

54-2292. Repealed. Laws 2020, LB344, § 82.

54-2293. Pseudorabies Control Cash Fund; use; investment; termination.

The Pseudorabies Control Cash Fund shall consist of money appropriated by the Legislature and gifts, grants, costs, or charges from any source, including federal, state, public, and private sources. The fund shall be utilized for the purpose of carrying out the Pseudorabies Control and Eradication Act. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act. The fund terminates on November 14, 2020, and the State Treasurer shall transfer any money in the fund on such date to the Animal Health and Disease Control Cash Fund.

Source:Laws 1986, LB 775, § 28; Laws 1990, LB 1004, § 40; R.S.Supp.,1990, § 54-2228; Laws 1991, LB 359, § 59; Laws 1994, LB 1066, § 43; Laws 2020, LB344, § 75.

Cross References

Nebraska Capital Expansion Act, see section 72-1269.

Nebraska State Funds Investment Act, see section 72-1260.

54-2294. Repealed. Laws 2020, LB344, § 82.

54-2295. Repealed. Laws 2020, LB344, § 82.

54-2296. Repealed. Laws 2020, LB344, § 82.

54-2297. Repealed. Laws 2020, LB344, § 82.

54-2298. Repealed. Laws 2020, LB344, § 82.

54-2299. Repealed. Laws 2020, LB344, § 82.

54-22,100. Repealed. Laws 2020, LB344, § 82.

54-2301. Repealed. Laws 1999, LB 404, § 27.

54-2302. Act, how cited.

Sections 54-2302 to 54-2324 shall be known and may be cited as the Domesticated Cervine Animal Act.

Source:Laws 1999, LB 404, § 1; Laws 2002, LB 1003, § 37.

54-2303. Legislative findings.

The Legislature finds and declares that the production of domesticated cervine animals contributes to the strength of the economy of this state. The Legislature further declares that the Department of Agriculture under the powers and duties provided by law for the protection of the health of livestock is the appropriate agency to adopt, promulgate, and enforce rules and regulations necessary to control disease, importation, identification, issuing of permits, containment, and escape of domesticated cervine animals.

Source:Laws 1999, LB 404, § 2.

54-2304. Terms, defined.

For purposes of the Domesticated Cervine Animal Act, unless the context otherwise requires:

(1) Commission means the Game and Parks Commission or its authorized agent;

(2) Department means the Department of Agriculture or its authorized agent;

(3) Director means the Director of Agriculture or his or her designee;

(4) Domesticated cervine animal has the same meaning as in section 54-2914; and

(5) Person means any individual, firm, group of individuals, partnership, limited liability company, corporation, unincorporated association, cooperative, or other entity, public or private.

Source:Laws 1999, LB 404, § 3; Laws 2020, LB344, § 76.

54-2305. Domesticated cervine animal facility permit required; when.

On and after January 1, 2000, it is unlawful for any person to own, possess, buy, sell, or barter any domesticated cervine animal in this state unless such animal is individually identified and kept at a premises for which a domesticated cervine animal facility permit has been issued by the department. Permits shall be issued only after a determination that the applicant is in compliance with the Domesticated Cervine Animal Act. This section shall not be construed to require a municipal, state, or federal zoo, park, refuge, or wildlife area, a bona fide circus or animal exhibit, or any private, nonprofit zoological society to obtain a permit in order to own, possess, buy, sell, or barter a domesticated cervine animal, but such facilities shall be governed by the provisions of the act and the rules and regulations promulgated thereunder regarding the testing, control, and eradication of cervidae diseases including chronic wasting disease.

Source:Laws 1999, LB 404, § 4; Laws 2002, LB 1003, § 38.

54-2306. Permit; application; fee; administrative fee; expiration of permit.

(1) On and after August 1, 1999, any person required to obtain a permit under section 54-2305 shall file an application with the department in the manner established by the department. Such application shall include:

(a) The name, residence, and place of business of the applicant;

(b) The exact description of the land upon which the domesticated cervine animal facility is to be located and the nature of the applicant's title to the land, whether in fee or under lease; and

(2) The department may by rule and regulation prescribe additional information to be contained in such application. The application shall be filed annually with the department on or before October 1 of each year. The annual fee for a domesticated cervine animal facility permit shall not be less than ten dollars nor more than two hundred dollars, as established by the department. Permittees not filing by October 1 shall be considered delinquent. The department may assess an administrative fee for delinquency, not to exceed one hundred dollars per month or a portion of a month, in addition to the permit fees. The purpose of the additional administrative fee is to cover the administrative costs associated with collecting fees. Such permits shall expire on December 31 of the year of issuance.

Source:Laws 1999, LB 404, § 5; Laws 2016, LB909, § 10.

54-2307. Denial of permit; when.

The department may deny a domesticated cervine animal facility permit to an applicant who is or has been convicted of violating the laws or regulations of this state or any other state pertaining to domesticated cervine animals or has knowingly committed or participated in the violation of an order of quarantine or other disciplinary order issued by the department.

Source:Laws 1999, LB 404, § 6.

54-2308. Permit; conditions; inspection of facility; fee.

(1) No person shall be issued a domesticated cervine animal facility permit under section 54-2305 without proof of initial inspection and approval of the minimum construction requirements established under this section.

(2) The department shall inspect and approve or disapprove:

(a) The initial construction and new construction of perimeter fencing; and

(b) The initial construction and new construction of a handling facility which is capable of sorting and restraining individual animals for testing, identification, treatment, or other purposes deemed necessary by the department.

(3) The department may inspect and approve or disapprove:

(a) The maintenance of perimeter fencing; and

(b) The maintenance of a handling facility which is capable of sorting and restraining individual animals for testing, identification, treatment, or other purposes deemed necessary by the department.

(4) The department shall, in consultation with the commission, adopt and promulgate rules and regulations specifying the minimum initial construction, subsequent new construction, and maintenance requirements of perimeter fencing and handling facilities and shall establish a fee to defray the expenses associated with inspecting domesticated cervine animal facilities.

Source:Laws 1999, LB 404, § 7.

54-2309. Permitholder; reports.

The department may require, by general or special order, a permitholder under the Domesticated Cervine Animal Act to file with the department, on such forms as prescribed, regular or special reports or answers, in writing, to specific questions for the purpose of furnishing information concerning any activity undertaken. Special reports shall be made under oath and filed within thirty days.

Source:Laws 1999, LB 404, § 8.

54-2310. Permitholder; duties; probation; suspension; revocation; procedure; reinstatement.

(1) A permitholder under the Domesticated Cervine Animal Act shall comply with the act, the rules and regulations adopted and promulgated pursuant thereto, and any order of the director issued pursuant thereto. The permitholder shall not interfere with the department in the performance of its duties.

(2) A permitholder may be put on probation requiring such person to comply with the conditions set out in an order of probation issued by the director after: (a) The director determines the permitholder has not complied with subsection (1) of this section; (b) the permitholder is given written notice to comply and written notice of the right to a hearing and to show cause why an order of probation should not be issued; and (c) the director finds that issuing an order of probation is appropriate, based on the hearing record or on the available information, if the hearing is waived by the permitholder.

(3) A permit may be suspended after: (a) The director determines the permitholder has not complied with subsection (1) of this section; (b) the permitholder is given written notice to comply and written notice of a right to a hearing to show cause why the permit should not be suspended; and (c) the director finds that issuing an order suspending the permit is appropriate, based on the hearing record or on the available information, if the hearing is waived by the permitholder.

(4) A permit may be immediately suspended and the director may order the permitholder's facility closed prior to hearing when: (a) The director determines an immediate danger to the health of livestock exists due to infectious, contagious, transmissible diseases in or caused by the permitholder's facility; (b) the director determines that an immediate danger to the health of wildlife exists due to infectious, contagious, transmissible diseases in or caused by the permitholder's facility; and (c) the permitholder receives the written notice to comply and written notice of the right to a hearing to show cause why the suspension should not be sustained. Within fifteen days after the suspension, the permitholder may request, in writing, a date for a hearing and the director shall consider the interests of the permitholder when the department establishes the date and time of the hearing, except that no hearing shall be held earlier than is reasonable under the circumstances. When a permitholder does not request a hearing date within such fifteen-day period, the director shall establish a hearing date and shall notify the permitholder of the date and time of such hearing.

(5) A permit may be revoked after: (a) The director determines the permitholder has committed serious, repeated, or multiple violations of any of the requirements of subsection (1) of this section; (b) the permitholder is given written notice to comply and written notice of the right to a hearing to show cause why the permit should not be revoked; and (c) the director finds that issuing an order revoking the permit is appropriate based on the hearing record or on the available record or on the available information if the hearing is waived by the permitholder.

(6) Any domesticated cervine animal facility for which a permit has been suspended may possess, while correcting the violation, but may not buy, sell, or barter animals, or parts thereof, until the permit is reinstated. Any domesticated cervine animal facility for which a permit has been revoked shall be permitted to dispose of all animals on its premises, with approval of the department, within thirty days after the issuance of the order of revocation and shall close and remain closed until a new permit is issued.

(7) The director may terminate proceedings to suspend or revoke a permit or to subject a permitholder to an order of probation at any time if the reasons for such proceedings no longer exist. A permit which has been suspended may be reinstated. A person with a revoked permit may be issued a new permit. A permitholder may no longer be subject to an order of probation if the director determines the conditions which prompted the suspension, revocation, or probation no longer exist.

(8) Proceedings for suspension, revocation, or probation shall not preclude the department from pursuing other civil or criminal actions.

Source:Laws 1999, LB 404, § 9.

54-2311. Notice or order; service; hearing; procedure; appeal.

(1) Any notice or order under the Domesticated Cervine Animal Act shall be personally served on the permitholder or on the person authorized by the permitholder to receive notices and orders of the department or shall be sent by certified mail, return receipt requested, to the last-known address of the permitholder or the person authorized to receive such notices and orders. A copy of the notice and the order shall be filed in the records of the department.

(2) A notice to comply under section 54-2310 shall state the acts or omissions with which the permitholder is charged.

(3) A notice of the permitholder's right to a hearing under section 54-2310 shall state the time and place of the hearing except as provided in subsection (4) of section 54-2310 and shall include notice that the permitholder's right to a hearing may be waived pursuant to subsection (5) of this section. A notice of the permitholder's right to a hearing to show cause why the permit should not be revoked shall include notice to the permitholder that the permit may be revoked or suspended, that the permitholder may be subject to an order of probation, and that the permit may be suspended and the permitholder subject to an order of probation, if the director determines such action is appropriate. A notice of the permitholder's right to a hearing to show cause why the permit should not be suspended shall include notice to the permitholder that the permit may be suspended and that the permitholder may also be subject to an order of probation if the director determines such action is appropriate.

(4) The hearings provided for in the act shall be conducted by the director at the time and place the director designates. The director shall make a final finding based upon the complete hearing record and issue an order. If the director has suspended a permit pursuant to subsection (4) of section 54-2310, the director shall sustain, modify, or rescind the order. All hearings shall be in compliance with the Administrative Procedure Act.

(5) A permitholder is deemed to waive the right to a hearing if such permitholder does not come to the hearing at the time and place set forth in the notice described in subsection (3) of this section without requesting the director at least two days before the designated time to change the time and place for the hearing, except that before an order of the director becomes final, the director may designate a different time and place for the hearing if the permitholder makes a showing to the director that the permitholder had a justifiable reason for not coming to the hearing and not timely requesting a change in the time and place for such hearing. If the permitholder waives the right to a hearing, the director shall make a final finding based upon available information and issue an order. If the director has suspended a permit pursuant to subsection (4) of section 54-2310, the director shall sustain, modify, or rescind the order.

(6) Any person aggrieved by the finding of the director has ten days from the entry of the director's order to request a new hearing if such person can show a mistake of fact has been made which affected the director's determination. Any order of the director becomes final upon the expiration of ten days after its entry if no request for a new hearing is made.

(7) Any person aggrieved by any order entered by the director or any other action taken by the department may appeal the order or action, and the appeal shall be in accordance with the Administrative Procedure Act.

Source:Laws 1999, LB 404, § 10.

Cross References

Administrative Procedure Act, see section 84-920.

54-2312. Animal identification.

A domesticated cervine animal, or any part thereof, shall be appropriately marked for proof of ownership according to rules and regulations adopted by the department. The department shall adopt and promulgate rules and regulations specifying the acceptable forms of domesticated cervine animal identification in a manner which visibly distinguishes a domesticated cervine animal from wild cervidae. The department, in consultation with the commission, shall establish separate identification or proof of ownership requirements for transporting taken domesticated cervine animals.

Source:Laws 1999, LB 404, § 11.

54-2313. Luring or enticement of wildlife prohibited.

The luring or enticement of wildlife into a permitted domesticated cervine animal facility for the purpose of containing such wildlife is cause for permit suspension under section 54-2310 and shall be considered a violation of section 37-479. Any permitholder under the Domesticated Cervine Animal Act who lures or entices wildlife into such a facility is responsible for any and all expenses incurred by the commission to remove such wildlife from the facility.

Source:Laws 1999, LB 404, § 12; Laws 2009, LB105, § 38.

54-2314. Quarantine; department; powers.

(1) In order to prevent, suppress, control, and eradicate dangerous transmissible diseases among the domesticated cervine animals of this state, the department may place in quarantine any county, or part of any county, any private premises, or any private or public stockyards and may quarantine any domesticated cervine animal infected with such disease or which has been or is suspected of having been exposed to such disease. Such animals shall remain under quarantine until released by the department. An infected animal may be destroyed as provided in the Animal Health and Disease Control Act.

(2) The department may regulate or prohibit the arrival into, departure from, and movement within the state of any domesticated cervine animal infected with a dangerous transmissible disease or exposed or suspected of having been exposed to such disease.

Source:Laws 1999, LB 404, § 13; Laws 2020, LB344, § 77.

Cross References

Animal Health and Disease Control Act, see section 54-2901.

54-2315. Cost of testing.

When testing of domesticated cervine animals is performed pursuant to an order by the department, the owners of such animals are responsible for the cost of gathering, confining, restraining, and testing such animals and for providing the necessary facilities and assistance.

Source:Laws 1999, LB 404, § 14.

54-2316. Escape; recapture or destroy animal.

(1) Any permitholder under the Domesticated Cervine Animal Act shall, within twenty-four hours after the discovery of the escape of any such animals, notify the department, which shall immediately notify the commission, of such escape.

(2) It is the responsibility of the permitholder to recapture or destroy any escaped domesticated cervine animal within five days.

(3) If the permitholder is unwilling or unable to capture any escaped domesticated cervine animal within five days after the discovery of such escape, the commission may destroy such escaped animals. The commission may, on a case-by-case basis, extend the number of days for a permitholder to recapture or destroy any escaped domesticated cervine animal.

(4) Any escaped domesticated cervine animal known to have originated from an area placed under quarantine by the department pursuant to section 54-2314 may be destroyed by the commission upon notice of the escape of such animal.

(5) Any expenses incurred by the department or the commission to recapture or destroy escaped domesticated cervine animals shall be assessed to the permitholder. The department and the commission shall not be held liable for the value of any domesticated cervine animal destroyed under this section.

Source:Laws 1999, LB 404, § 15.

54-2317. Wild cervidae; duties upon discovery.

Any permitholder under the Domesticated Cervine Animal Act shall, within twenty-four hours after the discovery of wild cervidae in a domesticated cervine animal facility, notify the commission and the department of such occurrence. The commission shall adopt policies providing for the disposition of wild cervidae found in a domesticated cervine animal facility and shall consult with the department before removal of such animals from the facility.

Source:Laws 1999, LB 404, § 16.

54-2318. Rules and regulations.

The department may adopt and promulgate rules and regulations for the testing, control, and eradication of diseases, including, but not limited to, chronic wasting disease, brucellosis, and tuberculosis in domesticated cervine animal herds in the state. The rules and regulations may include, but are not limited to, provisions governing:

(1) Testing, test results, and test subjects;

(2) Intrastate change of ownership, including provisions requiring all domesticated cervine breeding animals to be tested or originate from a herd which is in a herd certification program as established by the department under section 54-2319; and

(3) Any other issues deemed necessary by the department to effectively control and eradicate diseases.

Source:Laws 1999, LB 404, § 17.

54-2319. Herd certification program authorized.

In addition to administering the Domesticated Cervine Animal Act and conducting program activities authorized by the act, the department may develop a herd certification program and may cooperate with the United States Government, or any department, agency, or officer thereof, in the development of such program, including the adoption of or reference to applicable federal regulations or industry guidelines.

Source:Laws 1999, LB 404, § 18.

54-2320. Domesticated Cervine Animal Cash Fund; created; use; investment.

The department may assess and collect costs and fees for services provided, fees assessed, and expenses incurred pursuant to its responsibilities under the Domesticated Cervine Animal Act. All costs and fees assessed and collected pursuant to the act shall be remitted to the State Treasurer for credit to the Domesticated Cervine Animal Cash Fund, which fund is hereby created. The fund shall be utilized by the department for the purpose of carrying out the act. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.

Source:Laws 1999, LB 404, § 19; Laws 2016, LB909, § 11.

Cross References

Nebraska Capital Expansion Act, see section 72-1269.

Nebraska State Funds Investment Act, see section 72-1260.

54-2321. Administration of act.

In administering the Domesticated Cervine Animal Act, the agents and employees of the department:

(1) Shall have access, upon notification, to any premises where domesticated cervine animals may be for the purpose of implementing the rules and regulations adopted and promulgated under the act; and

(2) May enter any premises occupied by a permitholder at any reasonable time to examine books and records maintained by the permitholder. Such books and records shall be maintained by the permitholder for review for five years after the death or disposal of any domesticated cervine animal from the facility.

Source:Laws 1999, LB 404, § 20.

54-2322. Commission; access to premises.

The commission shall have access, upon notification, to any premises where domesticated cervine animals may be for the purpose of assessing or removing populations of wild cervidae.

Source:Laws 1999, LB 404, § 21; Laws 2002, LB 1003, § 40.

54-2323. Enforcement of act; violations; penalties.

(1) In order to insure compliance with the Domesticated Cervine Animal Act, the department may apply for a temporary restraining order, a temporary or permanent injunction, or a mandatory injunction against any person violating or threatening to violate the act or the rules and regulations adopted and promulgated under the act. The district court of the county where the violation is occurring or is about to occur has jurisdiction to grant such relief upon good cause shown. Relief may be granted notwithstanding the existence of any other remedy at law and shall be granted without bond.

(2) The Attorney General or the county attorney of the county in which violations of the act, rules, or regulations are occurring or about to occur shall, when notified of such violation or threatened violation, cause appropriate proceedings under subsection (1) of this section to be instituted and pursued without delay.

(3) Any person who violates the Domesticated Cervine Animal Act or any rules or regulations adopted and promulgated pursuant to the act is guilty of a Class IV misdemeanor for the first offense and a Class II misdemeanor for each subsequent offense.

Source:Laws 1999, LB 404, § 22.

54-2324. Act; how construed.

Nothing in the Domesticated Cervine Animal Act shall be construed to authorize any person to import, own, or possess any species of cervine animal the importation or possession of which is prohibited under section 37-524 and the rules and regulations promulgated thereunder.

Source:Laws 2002, LB 1003, § 39.

54-2401. Transferred to section 54-2416.

54-2402. Transferred to section 54-2417.

54-2403. Repealed. Laws 2004, LB 916, § 29.

54-2404. Transferred to section 54-2419.

54-2404.01. Transferred to section 54-2420.

54-2404.02. Transferred to section 54-2421.

54-2405. Repealed. Laws 2004, LB 916, § 29.

54-2406. Transferred to section 54-2423.

54-2407. Repealed. Laws 2004, LB 916, § 29.

54-2408. Transferred to section 54-2428.

54-2409. Repealed. Laws 2004, LB 916, § 29.

54-2410. Repealed. Laws 2004, LB 916, § 29.

54-2411. Transferred to section 54-2433.

54-2412. Transferred to section 54-2429.

54-2413. Transferred to section 54-2435.

54-2414. Transferred to section 54-2434.

54-2415. Transferred to section 54-2430.

54-2416. Act, how cited.

Sections 54-2416 to 54-2438 shall be known and may be cited as the Livestock Waste Management Act.

Source:Laws 1998, LB 1209, § 1; Laws 1999, LB 822, § 7; Laws 2003, LB 619, § 15; R.S.Supp.,2003, § 54-2401; Laws 2004, LB 916, § 5; Laws 2006, LB 975, § 1.

54-2417. Terms, defined.

For purposes of the Livestock Waste Management Act:

(1) Animal feeding operation means a location where beef cattle, dairy cattle, horses, swine, sheep, poultry, or other livestock have been, are, or will be stabled or confined and fed or maintained for a total of forty-five days or more in any twelve-month period and crops, vegetation, forage growth, or post-harvest residues are not sustained in the normal growing season over any portion of the location. Two or more animal feeding operations under common ownership are deemed to be a single animal feeding operation if they are adjacent to each other or if they utilize a common area or system for the disposal of livestock waste. Animal feeding operation does not include aquaculture as defined in section 2-3804.01;

(2) Best management practices means schedules of activities, prohibitions, maintenance procedures, and other management practices found to be the most effective methods based on the best available technology achievable for specific sites to prevent or reduce the discharge of pollutants to waters of the state and control odor where appropriate. Best management practices also includes operating procedures and practices to control site runoff, spillage, leaks, sludge or waste disposal, or drainage from raw material storage;

(3) Construct means the initiation of physical onsite activities;

(4) Construction and operating permit means the state permit to construct and operate a livestock waste control facility, including conditions imposed on the livestock waste control facility and the associated animal feeding operation;

(5) Construction approval means an approval issued prior to December 1, 2006, by the department allowing construction of a livestock waste control facility;

(6) Council means the Environmental Quality Council;

(7) Department means the Department of Environment and Energy;

(8) Discharge means the spilling, leaking, pumping, pouring, emitting, emptying, or dumping of pollutants into any waters of the state or in a place which will likely reach waters of the state;

(9) Existing livestock waste control facility means a livestock waste control facility in existence prior to April 15, 1998, that does not hold a permit and which has requested an inspection prior to January 1, 2000;

(10) Livestock waste control facility means any structure or combination of structures utilized to control livestock waste at an animal feeding operation until it can be used, recycled, or disposed of in an environmentally acceptable manner. Such structures include, but are not limited to, diversion terraces, holding ponds, debris basins, liquid manure storage pits, lagoons, and other such devices utilized to control livestock waste;

(11) Major modification means an expansion or increase to the lot area or feeding area; change in the location of the animal feeding operation; change in the methods of waste treatment, waste storage, or land application of waste; increase in the number of animals; change in animal species; or change in the size or location of the livestock waste control facility;

(12) National Pollutant Discharge Elimination System permit means either a general permit or an individual permit issued by the department pursuant to subsection (11) of section 81-1505. A general permit authorizes categories of disposal practices or livestock waste control facilities and covers a geographic area corresponding to existing geographic or political boundaries, though it may exclude specified areas from coverage. General permits are limited to the same or similar types of animal feeding operations or livestock waste control facilities which require the same or similar monitoring and, in the opinion of the Director of Environment and Energy, are more appropriately controlled under a general permit than under an individual permit;

(13) New animal feeding operation means an animal feeding operation constructed after July 16, 2004;

(14) New livestock waste control facility means any livestock waste control facility for which a construction permit, an operating permit, a National Pollutant Discharge Elimination System permit, a construction approval, or a construction and operating permit, or an application therefor, is submitted on or after April 15, 1998;

(15) Operating permit means a permit issued prior to December 1, 2006, by the department after the completion of the livestock waste control facility in accordance with the construction approval and the submittal of a completed certification form to the department;

(16) Person has the same meaning as in section 81-1502; and

(17) Waters of the state has the same meaning as in section 81-1502.

Source:Laws 1998, LB 1209, § 2; Laws 1999, LB 870, § 5; R.S.Supp.,2002, § 54-2402; Laws 2004, LB 916, § 6; Laws 2006, LB 975, § 2; Laws 2009, LB56, § 1; Laws 2019, LB302, § 57.

Annotations

By enacting legislation that made it unlawful to operate an animal feeding operation without having an approved livestock waste control facility, the Legislature acknowledged that livestock waste is a potentially harmful substance that must be handled properly. Butler County Dairy v. Butler County, 285 Neb. 408, 827 N.W.2d 267 (2013).

54-2418. Department; duties.

The department shall (1) administer the animal feeding operation permitting program in accordance with the National Pollutant Discharge Elimination System of the federal Clean Water Act, 33 U.S.C. 1251 et seq., through the Environmental Protection Act, the Livestock Waste Management Act, and the rules and regulations adopted and promulgated pursuant to such acts and (2) administer the state program for construction and operating permits and major modification approval for animal feeding operations and livestock waste control facilities provided under the Environmental Protection Act, the Livestock Waste Management Act, and the rules and regulations adopted and promulgated pursuant to such acts.

Source:Laws 2004, LB 916, § 7; Laws 2006, LB 975, § 3.

Cross References

Environmental Protection Act, see section 81-1532.

54-2419. Permits; approval; conditions; restrictions.

(1) No new animal feeding operation shall be issued a National Pollutant Discharge Elimination System permit or a construction and operating permit in any part of a watershed that feeds directly or indirectly into a cold water class A stream, delineated pursuant to section 54-2421.

(2) An existing animal feeding operation may not expand if its livestock waste control facility is located within one mile of a designated cold water class A stream segment delineated pursuant to section 54-2421 and the same cold water class A stream watershed as the animal feeding operation, except that an existing animal feeding operation used for research sponsored by the University of Nebraska at a facility owned by the University of Nebraska may expand if the department determines based on scientific information provided in the application or other available scientific information that the proposed expansion does not pose a potential threat to the stream.

(3) Existing animal feeding operations may receive a new or modified National Pollutant Discharge Elimination System permit, a new or modified construction and operating permit, a modified operating permit, or a modified construction approval if:

(a) The existing animal feeding operation does not currently have a National Pollutant Discharge Elimination System permit or a construction and operating permit and upon inspection by the department a determination is made that one is necessary;

(b) The existing animal feeding operation modifies its operation but does not expand its approved livestock waste control facility;

(c) The existing animal feeding operation's livestock waste control facility is located more than two miles from a designated cold water class A stream segment delineated pursuant to section 54-2421 and in the same cold water class A stream watershed as the animal feeding operation; or

(d) The existing animal feeding operation or livestock waste control facility is located less than two miles but more than one mile from a cold water class A stream delineated pursuant to section 54-2421, and the department determines based on scientific information provided in the application or other available scientific information that the proposed expansion does not pose a potential threat to the stream.

(4) The department may deny or restrict an application for a transfer or major modification of an existing National Pollutant Discharge Elimination System permit or a construction and operating permit based upon the potential degradation of a cold water class A stream.

Source:Laws 1998, LB 1209, § 4; Laws 1999, LB 822, § 8; Laws 1999, LB 870, § 7; R.S.Supp.,2002, § 54-2404; Laws 2004, LB 916, § 8; Laws 2006, LB 975, § 4.

54-2420. Section; how construed.

Nothing in section 54-2419 shall be construed to change the zoning authority of a county that existed prior to May 25, 1999.

Source:Laws 1999, LB 822, § 10; R.S.Supp.,2002, § 54-2404.01; Laws 2004, LB 916, § 9.

Annotations

Because this section indicates that the Legislature did not intend to occupy the entire field of livestock waste management regulation and that the state requirements in the Livestock Waste Management Act were meant to coexist with local requirements, there is no field preemption of local laws by the Livestock Waste Management Act. Butler County Dairy v. Butler County, 285 Neb. 408, 827 N.W.2d 267 (2013).

54-2421. Cold water class A streams; designation.

A map delineating segments and watershed boundaries for cold water class A streams, as designated prior to May 25, 1999, and prepared by the Department of Environment and Energy and the Department of Natural Resources, shall be maintained by the Department of Environment and Energy and used by the department for determinations made concerning cold water class A streams and stream watersheds under the Livestock Waste Management Act unless changed by the council. Beginning on May 25, 1999, the council may designate and may redesignate previously designated waters of this state as cold water class A streams for purposes of the act based on the determination by the council that the waters provide or could provide habitat of sufficient water volume or flow, water quality, substrate composition, and water temperature capable of maintaining year-round populations of cold water biota, including reproduction of a salmonoid (trout) population. The council shall not designate or redesignate a stream as a cold water class A stream unless the stream has supported the reproduction of a salmonoid (trout) population within the previous five years. The department shall revise and maintain the cold water class A stream and stream watershed map to incorporate all designations and redesignations of the council.

Source:Laws 1999, LB 822, § 9; Laws 2000, LB 900, § 242; R.S.Supp.,2002, § 54-2404.02; Laws 2004, LB 916, § 10; Laws 2019, LB302, § 58.

54-2422. Inspection and construction and operating permit requirements; exemptions.

Animal feeding operations with animal capacity that is less than three hundred cattle, two hundred mature dairy cattle, seven hundred fifty swine weighing fifty-five pounds or more per head, three thousand swine weighing less than fifty-five pounds per head, one thousand five hundred ducks with liquid manure handling system, ten thousand ducks without liquid manure handling system, nine thousand chickens with liquid manure handling system, thirty-seven thousand five hundred chickens without liquid manure handling system, twenty-five thousand laying hens without liquid manure handling system, sixteen thousand five hundred turkeys, three thousand sheep, or one hundred fifty horses are exempt from the inspection and construction and operating permit requirements of the Environmental Protection Act, the Livestock Waste Management Act, and the rules and regulations adopted and promulgated by the council pursuant to such acts, unless the animal feeding operation has intentionally or negligently discharged pollutants to waters of the state or the department has determined that a discharge is more likely than not to occur.

Source:Laws 2004, LB 916, § 11; Laws 2006, LB 975, § 5; Laws 2009, LB56, § 2.

Cross References

Environmental Protection Act, see section 81-1532.

54-2423. Animal feeding operation; request inspection; when; fees; department; duties.

(1) If any person owning or operating an animal feeding operation (a) does not hold a National Pollutant Discharge Elimination System permit, an operating permit, or a construction and operating permit or have construction approval, (b) has not been notified by the department that no National Pollutant Discharge Elimination System permit or construction and operating permit is required, or (c) is not exempt under section 54-2422, such person shall, on forms prescribed by the department, request the department to inspect such person's animal feeding operation to determine if a livestock waste control facility is required. If an inspection is requested prior to January 1, 1999, an inspection fee for such inspection shall not be assessed. For inspections requested on or after July 16, 2004, there shall be an inspection fee established by the council with a minimum fee of one hundred dollars and a maximum fee of five hundred dollars. Such fee may be set according to animal capacity.

(2) The department shall, in conjunction with natural resources districts and the Cooperative Extension Service of the University of Nebraska, publicize information to make owners and operators of affected animal feeding operations aware of the need to request an inspection.

(3) Any person required to request an inspection under this section who operates an animal feeding operation after January 1, 2000, without first submitting the request for inspection required under this section shall be assessed, except for good cause shown, a late fee of not less than fifty dollars nor more than five hundred dollars for each offense. Each month a violation continues shall constitute a separate offense. Exceptions to this provision are:

(a) An animal feeding operation exempted by the department from National Pollutant Discharge Elimination System permit requirements prior to July 16, 2004; or

(b) A livestock operation that became an animal feeding operation by enactment of the Livestock Waste Management Act as such act existed on July 16, 2004, but was not required to request an inspection prior to that date.

(4) A person meeting the provisions of subdivision (3)(b) of this section shall request an inspection prior to January 1, 2009, and pay fees required pursuant to subsection (1) of this section.

(5) Any person required to request an inspection under subsection (4) of this section who operates an animal feeding operation after December 31, 2008, shall be assessed, except for good cause shown, a late fee of not less than fifty dollars nor more than five hundred dollars for each offense. Each month a violation continues shall constitute a separate offense.

Source:Laws 1998, LB 1209, § 6; Laws 1999, LB 870, § 8; R.S.Supp.,2002, § 54-2406; Laws 2004, LB 916, § 12; Laws 2006, LB 975, § 6; Laws 2007, LB677, § 1.

54-2424. Animal feeding operation; operating requirements; when.

Any animal feeding operation which was in existence on January 1, 2004, and does not have any permit on March 17, 2006, shall be subject, in addition to any other requirements of the Environmental Protection Act, Livestock Waste Management Act, and rules and regulations adopted and promulgated pursuant to such acts, to the same or substantially similar operating requirements as the requirements that existed on January 1, 2004.

Source:Laws 2004, LB 916, § 13; Laws 2006, LB 975, § 7.

Cross References

Environmental Protection Act, see section 81-1532.

54-2425. National Pollutant Discharge Elimination System permit; department; duties.

(1) After an initial inspection has been conducted pursuant to section 54-2423 for each new application for a construction and operating permit or major modification submitted to the department, the department shall, within ten days, make a determination as to whether a National Pollutant Discharge Elimination System permit is required for the proposed animal feeding operation. If an application has been submitted prior to an initial inspection being conducted pursuant to section 54-2423, such application shall be returned to the applicant without the department conducting any review of the application.

(2) If it is determined that a National Pollutant Discharge Elimination System permit is required, the department shall contact the applicant to determine whether the applicant requests the department to delay review of the construction and operating permit or major modification application until an individual National Pollutant Discharge Elimination System permit application is submitted.

(3) If the applicant requests the department to delay review of the construction and operating permit or major modification application, upon receipt of the individual National Pollutant Discharge Elimination System permit application and the construction and operating permit or major modification application, the applications shall be reviewed simultaneously utilizing the processes and timelines for review of an individual National Pollutant Discharge Elimination System permit application.

(4) If (a) the department determines a National Pollutant Discharge Elimination System permit is not required or (b) if the applicant requests the department to proceed with review of the construction and operating permit or major modification application independent of a National Pollutant Discharge Elimination System permit application, the department shall, for both subdivisions (4)(a) and (4)(b) of this section:

(i) Within five days send a copy of the application to the natural resources district or districts and the county board or boards of the counties in which the livestock waste control facility is located or proposed to be located. The natural resources district or districts and the county board or boards shall have thirty days to comment to the department regarding any conditions that may exist at the proposed site which the department should consider regarding the content of the application for a construction and operating permit or major modification;

(ii) Within sixty days, (A) issue a proposed decision on the application for a construction and operating permit or major modification and (B) issue a notice providing an opportunity for any interested person to submit written comments on such proposed decision within thirty days after the first day of publication of such notice. The notice shall be published in a daily or weekly newspaper or other publication with general circulation in the area of the existing or proposed animal feeding operation, and a copy of the notice shall be provided to the applicant; and

(iii) Within one hundred ten days approve or deny the application and transmit its findings and conclusions to the applicant.

Source:Laws 2004, LB 916, § 14; Laws 2006, LB 975, § 8.

54-2426. Applications; contents.

Each application for a National Pollutant Discharge Elimination System permit or construction and operating permit shall include, in addition to other requirements, (1) a certification that the information contained in the application is accurate to the best of the applicant's knowledge and belief and that the applicant has the authority under the laws of the State of Nebraska to sign the application and (2) a completed nutrient management plan and supporting documentation unless such information has been previously submitted and is unchanged. The nutrient management plan shall be considered a part of the application. For National Pollutant Discharge Elimination System permits, the plan shall, at a minimum, meet and conform to the requirements of the National Pollutant Discharge Elimination System in the federal Clean Water Act, 33 U.S.C. 1251 et seq. A copy of the nutrient management plan and supporting documentation shall continuously be kept on file at the department. The operator shall at least annually update changes made to the nutrient management plan as required pursuant to rules and regulations adopted and promulgated by the council. For a construction and operating permit, the plan shall contain, at a minimum, the information which the department required to be included in all nutrient management plans on January 1, 2004.

Source:Laws 2004, LB 916, § 15; Laws 2006, LB 975, § 9.

54-2427. Public participation; when.

Once the department has made a determination to approve or deny an application for a National Pollutant Discharge Elimination System permit, the department shall provide opportunities for public participation, including, but not limited to, public comment, opportunity for public hearing, and agency response to comments, which are at least as stringent as the requirements of the National Pollutant Discharge Elimination System in the federal Clean Water Act, 33 U.S.C. 1251 et seq.

Source:Laws 2004, LB 916, § 16.

54-2428. National Pollutant Discharge Elimination System permit; construction and operating permit; application and modification; fees; Livestock Waste Management Cash Fund; created; use; investment; report.

(1) Any person required to obtain a National Pollutant Discharge Elimination System permit for an animal feeding operation or a construction and operating permit for a livestock waste control facility shall file an application with the department accompanied by the appropriate fees in the manner established by the department. The application fee shall be established by the council with a maximum fee of two hundred dollars. For major modifications to an application or a permit, the fee shall equal the amount of the application fee.

(2) On or before March 1, 2006, and each year thereafter, each person who has a National Pollutant Discharge Elimination System permit or who has a large concentrated animal feeding operation, as defined in 40 C.F.R. 122 and 123, as such regulations existed on January 1, 2004, and a state operating permit, a construction and operating permit, or a construction approval issued pursuant to the Environmental Protection Act or the Livestock Waste Management Act shall pay a per head annual fee based on the permitted capacity identified in the permit for that facility. The department shall invoice each permittee by February 1, 2006, and February 1 of each year thereafter.

(3) The initial annual fee shall be: Beef cattle, ten cents per head; veal calves, ten cents per head; dairy cows, fifteen cents per head; swine larger than fifty-five pounds, four dollars per one hundred head or fraction thereof; swine less than fifty pounds, one dollar per one hundred head or fraction thereof; horses, twenty cents per head; sheep or lambs, one dollar per one hundred head or fraction thereof; turkeys, two dollars per one thousand head or fraction thereof; chickens or ducks with liquid manure facility, three dollars per one thousand head or fraction thereof; and chickens or ducks with other than liquid manure facility, one dollar per one thousand head or fraction thereof. This fee structure may be reviewed in fiscal year 2007-08.

(4) Beginning in fiscal year 2007-08, the department shall annually review and adjust the fee structure in this section and section 54-2423 to ensure that fees are adequate to meet twenty percent of the program costs from the previous fiscal year. All fees collected under this section and sections 54-2423, 54-2435, and 54-2436 shall be remitted to the State Treasurer for credit to the Livestock Waste Management Cash Fund which is created for the purposes described in the Livestock Waste Management Act. Transfers may be made from the fund to the General Fund at the direction of the Legislature. Any money in the Livestock Waste Management Cash Fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.

(5) On or before January 1 of each year, the department shall submit electronically a report to the Legislature in sufficient detail to document all direct and indirect costs incurred in the previous fiscal year in carrying out the Livestock Waste Management Act, including the number of inspections conducted, the number of animal feeding operations with livestock waste control facilities, the number of animal feeding operations inspected, the size of the livestock waste control facilities, the results of water quality monitoring programs, and other elements relating to carrying out the act. The Appropriations Committee of the Legislature shall review the report in its analysis of executive programs in order to verify that the revenue generated from fees was used solely to offset appropriate and reasonable costs associated with carrying out the act.

Source:Laws 1998, LB 1209, § 8; Laws 1999, LB 870, § 10; R.S.Supp.,2002, § 54-2408; Laws 2004, LB 916, § 17; Laws 2006, LB 975, § 10; Laws 2009, First Spec. Sess., LB3, § 30; Laws 2012, LB782, § 84.

Cross References

Environmental Protection Act, see section 81-1532.

Nebraska Capital Expansion Act, see section 72-1269.

Nebraska State Funds Investment Act, see section 72-1260.

54-2429. National Pollutant Discharge Elimination System permit; construction and operating permit; application; approval from Department of Natural Resources; Department of Environment and Energy; powers; applicability of Engineers and Architects Regulation Act.

(1) An applicant for a National Pollutant Discharge Elimination System permit or a construction and operating permit under the Environmental Protection Act or the Livestock Waste Management Act shall, before issuance by the Department of Environment and Energy, obtain any necessary approvals from the Department of Natural Resources under the Safety of Dams and Reservoirs Act and certify such approvals to the Department of Environment and Energy. The Department of Environment and Energy, with the concurrence of the Department of Natural Resources, may require the applicant to obtain approval from the Department of Natural Resources for any dam, holding pond, or lagoon structure which would not otherwise require approval under the Safety of Dams and Reservoirs Act but which in the event of a failure could result in a significant discharge into waters of the state and have a significant impact on the environment. The Department of Environment and Energy may provide for the payment of such costs of the Department of Natural Resources with revenue generated under section 54-2428.

(2) An applicant required to obtain a National Pollutant Discharge Elimination System permit is subject to the requirements of the Engineers and Architects Regulation Act.

(3) An applicant who has a large concentrated animal feeding operation, as defined in 40 C.F.R. 122 and 123, as such regulations existed on January 1, 2004, and who is required to obtain a construction and operating permit is subject to the requirements of the Engineers and Architects Regulation Act.

(4) An applicant who has a small or medium animal feeding operation, as defined in 40 C.F.R. 122 and 123, as such regulations existed on January 1, 2004, and who is required to obtain a construction and operating permit, but not required to obtain a National Pollutant Discharge Elimination System permit, is exempt from the Engineers and Architects Regulation Act.

(5) The department may require an engineering evaluation or assessment performed by a licensed professional engineer for a livestock waste control facility if after an inspection: (a) The department determines that the facility has (i) visible signs of structural breakage below the permanent pool, (ii) signs of discharge or proven discharge due to structural weakness, (iii) improper maintenance, or (iv) inadequate capacity; or (b) the department has reason to believe that an animal feeding operation with a livestock waste control facility has violated or threatens to violate the Environmental Protection Act, the Livestock Waste Management Act, or any rules or regulations adopted and promulgated under such acts. Animal feeding operations not required to have a permit under the Environmental Protection Act, the Livestock Waste Management Act, or the rules and regulations adopted and promulgated pursuant to such acts are exempt from the Engineers and Architects Regulation Act.

Source:Laws 1998, LB 1209, § 12; Laws 1999, LB 870, § 13; Laws 2000, LB 900, § 243; Laws 2003, LB 619, § 16; R.S.Supp.,2003, § 54-2412; Laws 2004, LB 916, § 18; Laws 2005, LB 335, § 80; Laws 2006, LB 975, § 11; Laws 2007, LB313, § 1; Laws 2019, LB302, § 59.

Cross References

Engineers and Architects Regulation Act, see section 81-3401.

Environmental Protection Act, see section 81-1532.

Safety of Dams and Reservoirs Act, see section 46-1601.

54-2430. Surface water runoff; diversion requirements; increase in acreage limitation; conditions.

(1) Except as provided in this section, no new livestock waste control facility shall be constructed and no physical onsite activities specific to a new livestock waste control facility, except the use of a borrow site for construction of other components of the animal feeding operation, shall be initiated unless surface water runoff from the upstream area, except incidental runoff, is adequately diverted around the structure and is not permitted to enter the reservoir area. For purposes of this section, incidental runoff means the runoff that drains from the slope of the embankments, the top of the dam, the reservoir area, the feedlots, the associated roadways, and up to twenty-five acres of additional area that cannot be diverted. Incidental runoff capacity from a twenty-five-year frequency, twenty-four-hour storm shall be provided for in the waste reservoir in addition to the capacity required for the waste effluent or stored materials.

(2) The Department of Natural Resources shall permit a requested increase in the twenty-five-acre limitation for a new livestock waste control facility for an animal feeding operation for which an inspection was requested prior to January 1, 2000, unless the department determines that the detriment to existing water users that would result from permitting the acreage increase would outweigh the detriment to the operator of the animal feeding operation if the increase were not permitted.

(3) For other new livestock waste control facilities, the Department of Natural Resources may permit an increase in the twenty-five-acre limitation if it determines that (a) the applicant has no reasonable way to limit the amount of the additional runoff acreage to twenty-five acres or less at the proposed location of the livestock waste control facility, (b) the applicant has no reasonable alternative for relocating the livestock waste control facility so that the additional runoff acreage would not exceed twenty-five acres, and (c) either (i) an increase in the permitted runoff acreage would not reduce water supplies to the detriment of existing water users or (ii)(A) the requested facility is for a proposed expansion of an animal feeding operation in existence and in compliance with the Livestock Waste Management Act as of January 1, 2003, (B) the amount of the runoff acreage permitted in excess of the twenty-five-acre limitation is not more than fifteen percent of total permitted feedlot area, and (C) any detriment to existing water users that would result from permitting the acreage increase would be outweighed by the detriment to the operator of the animal feeding operation if the increase were not permitted.

Source:Laws 2003, LB 619, § 17; R.S.Supp.,2003, § 54-2415; Laws 2004, LB 916, § 19.

54-2431. Applications; rejection; when; disciplinary actions; grounds.

(1) For purposes of this section:

(a) Applicant means the person who has applied for a National Pollutant Discharge Elimination System permit, a construction and operating permit, or a major modification of a National Pollutant Discharge Elimination System permit or construction and operating permit, but does not include any other person who is a relative, partner, member, shareholder, resident, parent company, subsidiary, or other affiliate of the applicant;

(b) Discharge violation means a discharge, found by the department after investigation, notice, and hearing, to have been caused intentionally or negligently by the applicant or permitholder; and

(c) Permitholder means the person who has received a National Pollutant Discharge Elimination System permit, a construction and operating permit, or a major modification of a National Pollutant Discharge Elimination System permit or construction and operating permit, but does not include any other person who is a relative, partner, member, shareholder, resident, parent company, subsidiary, or other affiliate of the permitholder.

(2) Notwithstanding the rules and regulations adopted and promulgated under subdivision (1)(e) of section 54-2435, the department may reject an application for a new National Pollutant Discharge Elimination System permit, an application for a new construction and operating permit, or an application for a major modification of a National Pollutant Discharge Elimination System permit or a construction and operating permit, and the department may revoke or suspend a National Pollutant Discharge Elimination System permit or construction and operating permit, upon a finding pursuant to subsection (3) of this section that the applicant or permitholder is unsuited to perform the obligations of a permitholder.

(3) The applicant or permitholder shall be determined unsuited to perform the obligations of a permitholder if the department finds, upon an investigation and hearing, that within the past five years the applicant or permitholder:

(a) Has committed three separate and distinct discharge violations at the same animal feeding operation in Nebraska owned or operated by the applicant or permitholder; or

(b) Has a criminal conviction for a violation of section 81-1506 or a felony criminal conviction for violation of the environmental law in any jurisdiction.

Source:Laws 2004, LB 916, § 20; Laws 2006, LB 975, § 12; Laws 2009, LB56, § 3.

54-2432. Acts prohibited.

Except as provided in section 54-2422, it shall be unlawful for any person to:

(1) Construct or operate an animal feeding operation prior to an inspection from the department, unless exempted from inspection by the Environmental Protection Act, the Livestock Waste Management Act, or the rules and regulations adopted and promulgated by the council pursuant to such acts;

(2) Construct a livestock waste control facility without first obtaining a construction and operating permit from the department, unless exempted from the requirement for a construction and operating permit by the Environmental Protection Act, the Livestock Waste Management Act, or the rules and regulations adopted and promulgated by the council pursuant to such acts. The use of a borrow site for construction of other components of the animal feeding operation does not constitute construction of the livestock waste control facility;

(3) Operate an animal feeding operation prior to construction of an approved livestock waste control facility, unless exempted from the requirement for a livestock waste control facility by the Environmental Protection Act, the Livestock Waste Management Act, or the rules and regulations adopted and promulgated by the council pursuant to such acts;

(4) Discharge animal excreta, feed, bedding, spillage or overflow from the watering systems, wash and flushing waters, sprinkling water from livestock cooling, precipitation polluted by falling on or flowing onto an animal feeding operation, or other materials polluted by livestock waste in violation of or without first obtaining a National Pollutant Discharge Elimination System permit, a construction and operating permit, or an exemption from the department, if required by the Environmental Protection Act, the Livestock Waste Management Act, or the rules and regulations adopted and promulgated by the council pursuant to such acts; or

(5) Violate the terms of a National Pollutant Discharge Elimination System permit or construction and operating permit or any provision of the Livestock Waste Management Act and rules and regulations adopted and promulgated by the council pursuant to the act.

Source:Laws 2004, LB 916, § 21; Laws 2006, LB 975, § 13.

Cross References

Environmental Protection Act, see section 81-1532.

Annotations

By enacting legislation that made it unlawful to discharge livestock waste without obtaining the appropriate permits or an exemption, the Legislature acknowledged that livestock waste is a potentially harmful substance that must be handled properly. Butler County Dairy v. Butler County, 285 Neb. 408, 827 N.W.2d 267 (2013).

54-2433. Department; contracts authorized.

In carrying out its responsibilities under the Livestock Waste Management Act, the department may contract with the various natural resources districts as appropriate. The contract may include all tasks or duties necessary to carry out the act but shall not enable the natural resources districts to issue National Pollutant Discharge Elimination System permits or construction and operating permits or initiate enforcement proceedings. The contract may provide for payment of natural resources districts' costs by the department.

Source:Laws 1998, LB 1209, § 11; Laws 1999, LB 870, § 12; R.S.Supp.,2002, § 54-2411; Laws 2004, LB 916, § 22; Laws 2006, LB 975, § 14.

54-2434. Enforcement of act; legislative intent.

It is the intent of the Legislature that in enforcing the provisions of the Livestock Waste Management Act the department shall give priority to the larger animal feeding operations in the state.

Source:Laws 1998, LB 1209, § 14; R.S.1943, (1998), § 54-2414; Laws 2004, LB 916, § 23.

54-2435. Council; rules and regulations.

(1) The council shall adopt and promulgate rules and regulations for animal feeding operations under the Environmental Protection Act and the Livestock Waste Management Act which provide for:

(a) Requirements for animal feeding operations which shall include:

(i) Location restrictions and setbacks to protect waters of the state;

(ii) Applications and inspection requests;

(iii) Identification of ownership;

(iv) Numbers, size, and types of animals;

(v) Type of waste control facility;

(vi) Design, construction, operation, and maintenance;

(vii) Monitoring of surface or ground water which may be necessary as determined by the department where a significant risk to waters of the state exists;

(viii) Nutrient management, a nutrient management plan to be submitted with the application for a National Pollutant Discharge Elimination System permit or a construction and operating permit, and a description of the types of changes made to the nutrient management plan required to be updated pursuant to section 54-2426;

(ix) Closure and corrective action;

(x) Best management practices; and

(xi) Other such requirements deemed necessary to protect waters of the state;

(b) A National Pollutant Discharge Elimination System permit process for animal feeding operations;

(c) National Pollutant Discharge Elimination System permit issuance, denial, renewal, revocation, suspension, reinstatement, termination, or transfer;

(d) Training requirements for permitholders;

(e) Construction and operating permit issuance, denial, revocation, suspension, reinstatement, termination, or transfer;

(f) Construction and operating permit and National Pollutant Discharge Elimination System permit major modification issuance, denial, revocation, or termination;

(g) Public notice and hearing requirements;

(h) Requirements for existing livestock waste control facilities;

(i) Requirements for adequate area and proper methods and rates for land application of waste and nutrients such as nitrogen and phosphorus;

(j) Requirements for record keeping and reporting;

(k) A fee schedule pursuant to sections 54-2423 and 54-2428;

(l) Procedures for collection of fees pursuant to this section and sections 54-2423 and 54-2428;

(m) Procedures for exemptions as provided for in the requirements of the Environmental Protection Act and the Livestock Waste Management Act; and

(n) Procedures governing proceedings to determine discharge violations under section 54-2431.

(2) Rules and regulations adopted and promulgated under this section may be based upon the size of the animal feeding operation and the form of waste management and may include more stringent requirements for larger animal feeding operations and waste control technologies that are more likely to cause adverse impacts.

(3) The council may adopt and promulgate any other rules and regulations necessary to carry out the purposes of the Environmental Protection Act and the Livestock Waste Management Act.

(4) Rules and regulations adopted pursuant to this section shall be no less stringent than the federal Clean Water Act, 33 U.S.C. 1251 et seq.

(5) If a conflict arises between the authority of the council under the Environmental Protection Act and the authority of the council under the Livestock Waste Management Act, the authority of the council under the Livestock Waste Management Act shall control.

Source:Laws 1998, LB 1209, § 13; Laws 1999, LB 870, § 14; R.S.Supp.,2002, § 54-2413; Laws 2004, LB 916, § 24; Laws 2006, LB 975, § 15; Laws 2009, LB56, § 4.

Cross References

Environmental Protection Act, see section 81-1532.

54-2436. Reinstatement of operating permit; conditions; fee.

(1) Any person who held an operating permit on December 31, 2005, and whose permit expired pursuant to rules and regulations may file a request for reinstatement of the operating permit subject to the following conditions:

(a) The request must be filed on or before December 31, 2007;

(b) The person shall certify that the livestock operation is in compliance with the operating permit as it existed on the date the operating permit expired; and

(2) The department shall, upon receipt of a complete and timely request for reinstatement, reinstate the permit with the same conditions as existed when the permit expired.

Source:Laws 2006, LB 975, § 16.

54-2437. Conditional use permit or special exception; county planning commission or county board; powers.

(1) A county planning commission or county board shall grant a conditional use permit or special exception to an existing animal feeding operation seeking to construct or modify a livestock waste control facility if the purpose is to comply with federal or state regulations pertaining to livestock waste management, the operation has complied with inspection requirements pursuant to section 54-2423, and the construction or modification of the livestock waste control facility will not increase the animal capacity of such operation. The number of conditional use permits or special exceptions granted to such an operation under this subsection is unlimited.

(2) A county planning commission or county board shall grant a conditional use permit or special exception to an existing beef cattle or dairy cattle animal feeding operation that has an animal capacity of five thousand or fewer beef cattle or three thousand five hundred or fewer dairy cattle that is seeking to construct or modify a livestock waste control facility if the purpose is to comply with federal or state regulations pertaining to livestock waste management, the operation has complied with inspection requirements pursuant to section 54-2423, and construction or modification of the livestock waste control facility would allow the animal capacity of the operation to increase not more than:

(a) Five hundred beef cattle if the operation has an existing animal capacity of three thousand beef cattle or fewer;

(b) Three hundred beef cattle if the operation has an existing animal capacity of more than three thousand beef cattle but no more than five thousand beef cattle;

(c) Three hundred fifty dairy cattle if the operation has an existing animal capacity of two thousand dairy cattle or fewer; or

(d) Two hundred ten dairy cattle if the operation has an existing animal capacity of more than two thousand dairy cattle but no more than three thousand five hundred dairy cattle.

Only one conditional use permit or special exception per operation is allowed under this subsection.

Source:Laws 2006, LB 975, § 17.

54-2438. Major modification; applications; contents.

Each application for a major modification of an operating permit, a construction approval, a construction and operating permit, or a National Pollutant Discharge Elimination System permit or an application for a construction and operating permit or a National Pollutant Discharge Elimination System permit shall contain (1) a certification that the information contained in the application is accurate to the best of the applicant's knowledge and belief and that the applicant has the authority under the laws of the State of Nebraska to sign the application, (2) a detailed description of the major modification requested, (3) a completed nutrient management plan and supporting documentation unless such information has been previously submitted and is unchanged, and (4) such information as required by rules and regulations adopted and promulgated by the council.

Source:Laws 2006, LB 975, § 18.

54-2501. Act, how cited.

Sections 54-2501 to 54-2506 shall be known and may be cited as the Controlled Substances Animal Welfare Act.

Source:Laws 1999, LB 573, § 1.

54-2502. Purpose of act.

The purpose of the Controlled Substances Animal Welfare Act is to allow animal welfare organizations to obtain proper controlled substances for the purpose of humane euthanasia of seized, stray, injured, sick, homeless, abandoned, or unwanted domesticated and nondomesticated or wild animals.

Source:Laws 1999, LB 573, § 2.

54-2503. Terms, defined.

For purposes of the Controlled Substances Animal Welfare Act:

(1) Animal welfare organization means a Nebraska nonprofit corporation whose purpose is promoting the welfare, protection, and humane treatment of animals, and whose activities may include the seizure, impoundment, boarding, or kenneling of stray, injured, sick, homeless, abandoned, or unwanted animals;

(2) Euthanizing drug means sodium pentobarbital or any controlled substance used for the purpose of humane euthanasia of seized, stray, injured, sick, homeless, abandoned, or unwanted animals; and

(3) Veterinarian means a person authorized by law to practice veterinary medicine in this state.

Source:Laws 1999, LB 573, § 3.

54-2504. Collaborating veterinarian agreement; required; when; contents.

Possession and administration of a euthanizing drug by an animal welfare organization shall be pursuant to a collaborating veterinarian agreement. A collaborating veterinarian agreement is between a veterinarian and an animal welfare organization and includes:

(1) Designation of the responsible individual or individuals for the animal welfare organization;

(2) Provisions for the proper storage and inventory of the euthanizing drugs;

(3) Maintenance of effective controls against the diversion of such drugs;

(4) Provisions for proper training of any animal welfare organization staff whose duties include administering a euthanizing drug. Such training includes information in at least the following areas: The pharmacology, proper administration, and storage of euthanizing drugs; federal and state laws regulating the storage and inventory of euthanizing drugs; stress management; and proper disposal of euthanized animals; and

(5) Maintenance of a valid veterinary-client-patient relationship.

Pursuant to a collaborating veterinarian agreement, a veterinarian shall maintain a separate registration under section 28-408 at the principal place of business of the animal welfare organization.

Source:Laws 1999, LB 573, § 4.

54-2505. Liability.

If a veterinarian assists an animal welfare organization in obtaining euthanizing drugs pursuant to a collaborating veterinarian agreement authorized by the Controlled Substances Animal Welfare Act, such veterinarian is not liable for any acts or omissions on the part of the animal welfare organization, except that disciplinary action may be taken against the separate registration pursuant to section 28-409. The animal welfare organization is liable under the Uniform Controlled Substances Act for acts or omissions on the part of its staff members.

Source:Laws 1999, LB 573, § 5.

Cross References

Uniform Controlled Substances Act, see section 28-401.01.

54-2506. Insurance required.

No animal welfare organization shall accept controlled substances under a collaborating veterinarian agreement unless, at the time of the acceptance, it has in effect third-party liability insurance covering damages resulting from the improper handling or control of controlled substances.

Source:Laws 1999, LB 573, § 6.

54-2601. Act, how cited.

Sections 54-2601 to 54-2631 shall be known and may be cited as the Competitive Livestock Markets Act.

Source:Laws 1999, LB 835, § 1; Laws 2006, LB 856, § 25; Laws 2016, LB176, § 1.

54-2602. Terms, defined.

For purposes of the Competitive Livestock Markets Act:

(1) Animal unit means one head of cattle, three calves under four hundred fifty pounds, or five swine;

(2) Contract swine operation means a livestock operation in which swine owned or controlled by a packer are produced according to a written agreement that does not contain a confidentiality clause and that is agreed to by the packer and a person other than the packer who owns, leases, or holds a legal interest in the livestock operation;

(3) Department means the Department of Agriculture;

(4) Director means the Director of Agriculture or his or her designee;

(5) Livestock means live cattle or swine;

(6) Livestock operation means a location, including buildings, land, lots, yard corrals, and improvements, adapted to and utilized for the purpose of feeding, keeping, or otherwise providing for the care and maintenance of livestock;

(7) Packer means a person, or agent of such person, engaged in the business of slaughtering livestock in Nebraska in excess of one hundred fifty thousand animal units per year; and

(8) Person includes individuals, firms, associations, limited liability companies, and corporations and officers or limited liability company members thereof.

Source:Laws 1999, LB 835, § 2; Laws 2016, LB176, § 2.

54-2603. Repealed. Laws 2016, LB176, § 7.

54-2604. Packers; acts prohibited.

(1) Except as provided in subsection (2) of this section, a packer shall not:

(a) Directly or indirectly own, control, or operate a livestock operation in this state; or

(b) Directly or indirectly be engaged in the ownership, keeping, or feeding of livestock, other than temporary ownership, keeping, and feeding not to exceed fourteen days which is necessary and incidental to, and immediately prior to, the process of slaughter.

(2) Subdivision (1)(b) of this section does not apply to the ownership, keeping, or feeding of swine by a packer at one or more contract swine operations in this state if the packer does not own, keep, or feed swine in this state except for the purpose of the slaughtering of swine or the manufacturing or preparation of carcasses of swine or goods originating from the carcasses in one or more processing facilities owned or controlled by the packer. Any agreement that establishes such a contract swine operation shall be subject to section 54-2604.01.

(3) For purposes of this section, indirectly own, control, or operate a livestock operation and indirectly be engaged in the ownership, keeping, or feeding of livestock includes:

(a) Receiving the net revenue or a share of the net revenue derived from a livestock operation or from a person who contracts for the care and feeding of livestock in this state, unless the packer is not involved in the management of the livestock operation;

(b) Assuming a morbidity or mortality production risk if the livestock are fed or otherwise maintained as part of a livestock operation in this state, unless the packer is not involved in the management of the livestock operation; and

(c) Loaning money for or guaranteeing, acting as a surety for, or otherwise financing a livestock operation in this state or a person who contracts for the care and feeding of livestock in this state. For purposes of this subdivision, loaning money for or guaranteeing, acting as a surety for, or otherwise financing a livestock operation does not include executing a contract for the purchase of livestock by a packer, including, but not limited to, forward contracts, marketing agreements, long-term arrangements, formula arrangements, other noncash sales arrangements, contracts that contain a ledger balance unsecured by collateral of the debtor or other price-risk-sharing arrangements, or providing an open account or loan unsecured by collateral of the debtor or a ledger balance or loan secured by collateral of the debtor so long as the amount due from the debtor does not exceed one million dollars.

Source:Laws 1999, LB 835, § 4; Laws 2016, LB176, § 3.

54-2604.01. Swine production contract; contents; cancellation; procedure; violations; Attorney General; duties; fine; Department of Agriculture; rules and regulations.

(1) For purposes of this section:

(a) Swine production contract means the agreement between a packer and a swine production contract grower which establishes a contract swine operation; and

(b) Swine production contract grower means the person who enters into a swine production contract with a packer to establish a contract swine operation.

(2) A swine production contract grower may cancel a swine production contract by mailing a cancellation notice to the packer not later than the later of:

(a) Three business days after the date on which the swine production contract is executed; or

(b) Any cancellation date specified in the swine production contract.

(3) A swine production contract shall clearly disclose:

(a) The right of the swine production contract grower to cancel the swine production contract;

(b) The method by which the swine production contract grower may cancel the swine production contract; and

(4) A swine production contract shall contain on the first page a statement identified as the Additional Capital Investments Disclosure Statement, which shall conspicuously state that additional large capital investments may be required of the swine production contract grower during the term of the swine production contract. This subsection shall apply to any swine production contract entered into, amended, altered, modified, renewed, or extended after July 21, 2016.

(5) The forum for resolving any dispute among the parties to a swine production contract shall be a court of competent jurisdiction within the state in which the principal part of the performance takes place under the swine production contract.

(6) Any swine production contract that contains a provision requiring the use of arbitration to resolve any controversy that may arise under the contract shall contain a provision that allows a swine production contract grower, prior to entering the contract, to decline to be bound by the arbitration provision.

(7) Any swine production contract grower that declines a requirement of arbitration pursuant to subsection (6) of this section has the right to seek to resolve any controversy that may arise under the swine production contract using arbitration if, after the controversy arises, both parties consent in writing to use arbitration to settle the controversy.

(8) Subsections (6) and (7) of this section shall apply to any swine production contract entered into, amended, altered, modified, renewed, or extended after July 21, 2016.

(9) A swine production contract shall not contain any obligations of confidentiality, or any other provisions, that limit a swine production contract grower from sharing and reviewing the swine production contract with anyone, including, but not limited to, his or her business partners, employees, or agents, his or her financial and legal advisors, and his or her spouse and family members.

(10) Whenever the Attorney General has reason to believe that a packer is violating this section, he or she shall commence an action in district court to enjoin the violation. The court, upon determination that such packer is in violation of this section, shall assess the packer a fine of not less than one thousand dollars for each day of violation.

(11) The Department of Agriculture may adopt and promulgate such rules and regulations regarding swine production contracts as are needed to further protect swine production contract growers from unfair business practices and coercion.

Source:Laws 2016, LB176, § 4.

54-2605. Violations by packer; enforcement; penalty.

Whenever the Attorney General has reason to believe that a packer is violating section 54-2604, he or she shall commence an action in district court to enjoin the livestock operation. The court, upon determination that such packer is in violation of section 54-2604, shall order such livestock to be removed and sold and shall assess the packer a fine of not less than one thousand dollars for each day of violation.

Source:Laws 1999, LB 835, § 5.

54-2606. Packer violation; proceeds of livestock sale; fines; distribution.

The proceeds from any livestock ordered to be sold pursuant to section 54-2605 shall not be distributed until all fines and costs associated with such action have been paid. All money collected as a fine shall be remitted to the State Treasurer for credit to the permanent school fund. All fines levied under this section remaining unpaid shall constitute a debt to the State of Nebraska which may be collected by lien foreclosure or sued for and recovered in any proper form of action, in the name of the State of Nebraska, in the district court of the county in which the violation occurred.

Source:Laws 1999, LB 835, § 6.

54-2607. Sales of swine; packers; prohibited acts.

Except as provided in sections 54-2608 and 54-2609, it is unlawful for a packer purchasing or entering into a contract to purchase swine to pay or enter into a contract to pay different prices to the sellers of the swine. This section shall not be construed to mean that a price or payment method must remain fixed throughout any marketing period.

Source:Laws 1999, LB 835, § 7.

54-2608. Sales of swine; authorized; when.

Section 54-2607 does not apply to any direct, spot, or cash purchase of swine if the following requirements are met:

(1) The difference in price is based on: (a) A payment method specifying prices paid for criteria relating to carcass merit; or (b) actual and quantifiable costs related to transporting and acquiring the swine by the packer; and

(2) After making the payment to a seller, the packer reports the payment information required under section 54-2613, including the payment method specifying prices paid for criteria relating to carcass merit and transportation and acquisition costs.

Source:Laws 1999, LB 835, § 8.

54-2609. Sales of swine; contracts allowed; conditions.

Section 54-2607 does not apply to any contract to purchase swine at a certain date or time if the following requirements are met:

(2) The packer reports the payment information required under section 54-2613, including the payment method specifying prices paid for criteria relating to carcass merit and transportation and acquisition costs;

(3) The packer reports the information required under section 54-2613, including the price to be paid for swine to be delivered on specified delivery dates or times; and

(4) An offer to enter into a contract for the delivery of swine, according to the same terms and conditions, is made to other sellers.

Source:Laws 1999, LB 835, § 9.

54-2610. Sales of swine; contract voidable by seller.

Any contract made by a packer in violation of section 54-2607 is voidable by the seller.

Source:Laws 1999, LB 835, § 10.

54-2611. Sales of swine; recovery of damages.

A seller may bring an action against any packer violating section 54-2607 to recover damages sustained by reason of such violation.

Source:Laws 1999, LB 835, § 11.

54-2612. Sales of swine; violation; penalty.

Any packer acting in violation of section 54-2607 is guilty of a Class IV misdemeanor and shall be fined five hundred dollars per violation.

Source:Laws 1999, LB 835, § 12.

54-2613. Sales of swine; packer; reporting requirements.

Beginning February 15, 2000, a packer shall, two times each day during which swine are purchased, report to the department and to the United States Department of Agriculture, agricultural market service livestock news branch, all swine that are purchased in the cash, spot, or direct market since the last report. A packer shall, one time each day during which swine are purchased, report to the department and to the United States Department of Agriculture, agricultural market service livestock news branch, all swine that are purchased by contract that day. Such reports shall be completed on forms prepared by the department, in consultation with the agricultural market service livestock news branch, and shall include:

(1) The cash price paid and the number of swine purchased in the cash, spot, or direct market at price intervals representative of the day's trade;

(2) The base price paid and premium and discount payment adjustments for quality characteristics including grade, yield, and backfat;

(3) Base price and premium and discount factors for swine purchased using a formula-based pricing system; and

(4) The number of swine purchased under contract, in which the date of delivery is set for more than fourteen days after the making of the contract, and the base price to be paid or the formula that will be used to determine the base price to be paid.

The report shall not include information regarding the identity of a seller.

Source:Laws 1999, LB 835, § 13.

54-2614. Sales of swine; reports available to public; department; duty.

The department shall make report information received under section 54-2613 available to the public in a timely manner to permit the use of the information while it is still relevant.

Source:Laws 1999, LB 835, § 14.

54-2615. Sales of swine; packer; failure to make reports; false information; penalties.

The failure of a packer to report information to the department as required in section 54-2613 is punishable by a civil penalty not to exceed one thousand dollars for each day that a complete report is not made available to the department. The intentional reporting of false information by a packer in the report to the department required in section 54-2613 is a Class IV misdemeanor.

Source:Laws 1999, LB 835, § 15.

54-2616. Sales of swine; enforcement of provisions; restraining order.

The Attorney General shall enforce the provisions of sections 54-2607 to 54-2615, and the director shall refer any violations of these provisions to the Attorney General. The Attorney General or any person injured by a violation of these provisions may bring an action in district court to restrain a packer from violating these provisions.

Source:Laws 1999, LB 835, § 16.

54-2617. Sales of cattle; packer; prohibited acts.

It is unlawful for a packer to enter into a contract to purchase cattle for slaughter if:

(1) The contract specifies that the seller is not allowed to report the terms of the contract; or

(2) The date of delivery of such cattle is not specified.

Source:Laws 1999, LB 835, § 17.

54-2618. Sales of cattle; contracts allowed; conditions.

Section 54-2617 does not apply to any contract to purchase cattle for slaughter if the following conditions are met:

(1) The contract to purchase cattle for slaughter specifies the month of delivery and allows the seller to set the week for delivery within such month; and

(2) The packer reports the contract information as required under section 54-2623, including specified delivery dates or times.

Source:Laws 1999, LB 835, § 18.

54-2619. Sales of cattle; pricing mechanisms; restrictions.

It is unlawful for a packer to enter into a contract to purchase cattle for slaughter using a formula or grid pricing mechanism if the packer fails to negotiate a base price prior to the cattle being committed or scheduled for slaughter.

Source:Laws 1999, LB 835, § 19.

54-2620. Sales of cattle; contract voidable by seller.

Any contract to purchase cattle for slaughter that is in violation of section 54-2617 or 54-2619 is voidable by the seller.

Source:Laws 1999, LB 835, § 20.

54-2621. Sales of cattle; recovery of damages.

A seller may bring an action against any packer violating section 54-2617 or 54-2619 to recover damages sustained by reason of such violation.

Source:Laws 1999, LB 835, § 21.

54-2622. Sales of cattle; violation; penalty.

Any packer acting in violation of section 54-2617 or 54-2619 shall be guilty of a Class IV misdemeanor and shall be fined five hundred dollars per violation.

Source:Laws 1999, LB 835, § 22.

54-2623. Sales of cattle; packer; reporting requirements.

Beginning February 15, 2000, a packer shall, two times each day during which cattle are purchased, report to the department and to the United States Department of Agriculture, agricultural market service livestock news branch, all cattle that are purchased in the cash, spot, or direct market since the last report. A packer shall, one time each day during which cattle are purchased, report to the department and to the United States Department of Agriculture, agricultural market service livestock news branch, all cattle that are purchased by contract that day. Such reports shall be completed on forms prepared by the department, in consultation with the agricultural market service livestock news branch, and shall include:

(1) The cash price paid and the number of cattle purchased at price intervals representative of the day's trade;

(2) Quality characteristics, including sex of the cattle, estimated percentage of the meat which will be graded choice or better upon inspection based upon the United States Department of Agriculture official grades, and estimated live weight, as well as premium and discount factors that may apply to these characteristics;

(3) Base price and premium and discount factors for cattle purchased using a formula or grid pricing mechanism; and

(4) The delivery month, volume, and applicable basis level for all cattle purchased under basis contract.

The report shall not include information regarding the identity of a seller.

Source:Laws 1999, LB 835, § 23.

54-2624. Sales of cattle; reports available to public; department; duty.

The department shall make report information received under section 54-2623 available to the public in a timely manner to permit the use of the information while it is still relevant.

Source:Laws 1999, LB 835, § 24.

54-2625. Sales of cattle; packer; failure to make reports; false information; penalties.

The failure of a packer to report information to the department as required in section 54-2623 is punishable by a civil penalty not to exceed one thousand dollars for each day that a complete report is not made available to the department. The intentional reporting of false information by a packer in the report to the department required in section 54-2623 is a Class IV misdemeanor.

Source:Laws 1999, LB 835, § 25.

54-2626. Sales of cattle; enforcement of provisions; restraining order.

The Attorney General shall enforce the provisions of sections 54-2617 to 54-2625, and the director shall refer any violations of these provisions to the Attorney General. The Attorney General or any person injured by a violation of these provisions may bring an action in district court to restrain a packer from violating these provisions.

Source:Laws 1999, LB 835, § 26.

54-2627. Fee per animal unit; department assess.

The department shall assess a fee not to exceed two cents per animal unit reported under sections 54-2613 and 54-2623 as direct-purchased or contract-purchased.

Source:Laws 1999, LB 835, § 27.

54-2627.01. Preemption by federal Livestock Mandatory Reporting Act of 1999; legislative findings; purpose of act; director; duties.

(1) Sections 54-2607 to 54-2627 are preempted by the federal Livestock Mandatory Reporting Act of 1999, 7 U.S.C. 1635 to 1636h, when such federal act is in effect.

(2) The Legislature finds that the mandatory reporting of price and other terms in negotiated or contract procurement of livestock that has been in place under the federal Livestock Mandatory Reporting Act of 1999 is an important reform of livestock markets that contributes to greater market transparency, enhances the ability of livestock sellers to more competently and confidently market livestock, and lessens the existence of conditions under which market price manipulation and unfair preference or advantage in packer procurement practices can occur. It is a purpose of the Competitive Livestock Markets Act to provide for the continuation of mandatory price reporting for the benefit of Nebraska producers and protection of the integrity of livestock markets in Nebraska in the event of termination of the federal Livestock Mandatory Reporting Act of 1999 and its preemption of similar state price reporting laws as well as to provide for an orderly implementation of the state price reporting system authorized by the Competitive Livestock Markets Act, should Congress fail to reauthorize the federal Livestock Mandatory Reporting Act of 1999.

(3)(a) If Congress does not reauthorize the federal Livestock Mandatory Reporting Act of 1999 before December 1, 2006, the director shall, on December 1, 2006, or as soon before or after as practicable, prepare a budget and an appropriation request from the General Fund, from the Competitive Livestock Markets Cash Fund, or from other cash funds under the control of the director, for submission to the Legislature in an amount sufficient to enable the department to carry out its duties under sections 54-2607 to 54-2627, and such sections shall become applicable on October 1, 2007.

(b) If, on or after December 1, 2006, Congress does not reauthorize the federal Livestock Mandatory Reporting Act of 1999, the director shall prepare such budget and appropriation request on or before a date that is twelve calendar months after the date such federal act expires or is terminated, and sections 54-2607 to 54-2627 shall become applicable on the first day of the calendar quarter that is eighteen months after the date such sections are not preempted by the federal act. No General Funds shall be appropriated for implementation of sections 54-2607 to 54-2627 after the date of commencement provided for in this section of reporting of price and other data regarding livestock transactions pursuant to sections 54-2613 and 54-2623. It is the intent of the Legislature that any General Funds appropriated for purposes of this section shall be reimbursed to the General Fund.

Source:Laws 2006, LB 856, § 27; Laws 2016, LB176, § 5.

54-2628. Competitive Livestock Markets Cash Fund; created; use; investment.

The Competitive Livestock Markets Cash Fund is created. The fund shall be administered by the department. The fund shall consist of investigative and enforcement expense assessments against violators of the Competitive Livestock Markets Act and fees paid by a packer pursuant to section 54-2627. The money in the fund shall be used to defray the investigative, enforcement, and reporting expenses of the department in administering the act. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.

Source:Laws 1999, LB 835, § 28.

Cross References

Nebraska Capital Expansion Act, see section 72-1269.

Nebraska State Funds Investment Act, see section 72-1260.

54-2629. Rules and regulations.

The department shall adopt and promulgate rules and regulations to carry out sections 54-2607 to 54-2628.

Source:Laws 1999, LB 835, § 29.

54-2630. Attorney General; enforcement powers.

The Attorney General, for the enforcement of the Competitive Livestock Markets Act, shall have the authority to subpoena witnesses, compel their attendance, examine them under oath, and require the production of documents, records, or tangible things deemed relevant to the proper performance of his or her duties. Service of any subpoena shall be made in the manner prescribed by the rules of civil procedure.

Source:Laws 1999, LB 835, § 30.

54-2631. Attorney General; reciprocal agreements; authorized.

The Attorney General shall have the power and authority to enter into reciprocal agreements with the duly authorized representatives of other jurisdictions, federal or state, for the exchange of information on a cooperative basis which may assist in the proper administration of the Competitive Livestock Markets Act.

Source:Laws 1999, LB 835, § 31.

54-2701. Repealed. Laws 2020, LB344, § 82.

54-2702. Repealed. Laws 2020, LB344, § 82.

54-2703. Repealed. Laws 2020, LB344, § 82.

54-2704. Repealed. Laws 2020, LB344, § 82.

54-2705. Repealed. Laws 2020, LB344, § 82.

54-2706. Repealed. Laws 2020, LB344, § 82.

54-2707. Repealed. Laws 2020, LB344, § 82.

54-2708. Repealed. Laws 2020, LB344, § 82.

54-2709. Repealed. Laws 2020, LB344, § 82.

54-2710. Repealed. Laws 2020, LB344, § 82.

54-2711. Repealed. Laws 2020, LB344, § 82.

54-2712. Repealed. Laws 2020, LB344, § 82.

54-2713. Repealed. Laws 2020, LB344, § 82.

54-2714. Repealed. Laws 2020, LB344, § 82.

54-2715. Repealed. Laws 2020, LB344, § 82.

54-2716. Repealed. Laws 2020, LB344, § 82.

54-2717. Repealed. Laws 2020, LB344, § 82.

54-2718. Repealed. Laws 2020, LB344, § 82.

54-2719. Repealed. Laws 2020, LB344, § 82.

54-2720. Repealed. Laws 2020, LB344, § 82.

54-2721. Repealed. Laws 2020, LB344, § 82.

54-2722. Repealed. Laws 2020, LB344, § 82.

54-2723. Repealed. Laws 2020, LB344, § 82.

54-2724. Repealed. Laws 2020, LB344, § 82.

54-2725. Repealed. Laws 2020, LB344, § 82.

54-2726. Repealed. Laws 2020, LB344, § 82.

54-2727. Repealed. Laws 2020, LB344, § 82.

54-2728. Repealed. Laws 2020, LB344, § 82.

54-2729. Repealed. Laws 2020, LB344, § 82.

54-2730. Repealed. Laws 2020, LB344, § 82.

54-2731. Repealed. Laws 2020, LB344, § 82.

54-2732. Repealed. Laws 2020, LB344, § 82.

54-2733. Repealed. Laws 2020, LB344, § 82.

54-2734. Repealed. Laws 2020, LB344, § 82.

54-2735. Repealed. Laws 2020, LB344, § 82.

54-2736. Repealed. Laws 2020, LB344, § 82.

54-2737. Repealed. Laws 2020, LB344, § 82.

54-2738. Repealed. Laws 2020, LB344, § 82.

54-2739. Repealed. Laws 2020, LB344, § 82.

54-2740. Repealed. Laws 2020, LB344, § 82.

54-2741. Repealed. Laws 2020, LB344, § 82.

54-2742. Repealed. Laws 2020, LB344, § 82.

54-2743. Repealed. Laws 2020, LB344, § 82.

54-2744. Repealed. Laws 2020, LB344, § 82.

54-2745. Repealed. Laws 2020, LB344, § 82.

54-2746. Repealed. Laws 2020, LB344, § 82.

54-2747. Repealed. Laws 2020, LB344, § 82.

54-2748. Repealed. Laws 2020, LB344, § 82.

54-2749. Repealed. Laws 2020, LB344, § 82.

54-2750. Repealed. Laws 2020, LB344, § 82.

54-2751. Repealed. Laws 2020, LB344, § 82.

54-2752. Repealed. Laws 2020, LB344, § 82.

54-2753. Repealed. Laws 2020, LB344, § 82.

54-2754. Repealed. Laws 2020, LB344, § 82.

54-2755. Repealed. Laws 2020, LB344, § 82.

54-2756. Repealed. Laws 2020, LB344, § 82.

54-2757. Scrapie Control Cash Fund; created; use; investment; termination.

The Scrapie Control Cash Fund is created. The fund shall consist of money appropriated by the Legislature and gifts, grants, costs, or charges from any source, including federal, state, public, and private sources. The fund shall be utilized for the purpose of carrying out the Scrapie Control and Eradication Act. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act. The fund terminates on November 14, 2020, and the State Treasurer shall transfer any money in the fund on such date to the Animal Health and Disease Control Cash Fund.

Source:Laws 2003, LB 158, § 57; Laws 2020, LB344, § 78.

Cross References

Nebraska Capital Expansion Act, see section 72-1269.

Nebraska State Funds Investment Act, see section 72-1260.

54-2758. Repealed. Laws 2020, LB344, § 82.

54-2759. Repealed. Laws 2020, LB344, § 82.

54-2760. Repealed. Laws 2020, LB344, § 82.

54-2761. Repealed. Laws 2020, LB344, § 82.

54-2801. Legislative findings; act, how cited.

(1) Sections 54-2801 to 54-2805 shall be known and may be cited as the Livestock Growth Act.

(2) The Legislature finds that livestock production has traditionally served a significant role in the economic vitality of rural areas of the state and in the state's overall economy and that the growth and vitality of the state's livestock sector are critical to the continued prosperity of the state and its citizens. The Legislature further finds that a public interest exists in assisting efforts of the livestock industry and rural communities to preserve and enhance livestock development as an essential element of economic development and that a need exists to provide aid, resources, and assistance to rural communities and counties seeking opportunities in the growth of livestock production. It is the intent of the Legislature to seek reasonable means to nurture and support the livestock sector of this state.

Source:Laws 2003, LB 754, § 1; Laws 2015, LB175, § 1.

54-2802. Director of Agriculture; duties; designation of livestock friendly county; process; county board; powers.

(1) The Director of Agriculture shall establish a process, including criteria and standards, to recognize and assist efforts of counties to maintain or expand their livestock sector. A county that meets the criteria may apply to the director to be designated a livestock friendly county. A county may remove itself from the process at any time. Such criteria and standards may include, but are not limited to, the following factors: Consideration of the diversity of activities currently underway or being initiated by counties; a formal expression of interest by a county board, by a duly enacted resolution following a public hearing, in developing the livestock production and processing sectors of such county's economy; an assurance that such county intends to work with all other governmental jurisdictions within its boundaries in implementing livestock development within the county; flexible and individual treatment allowing each county to design its own development program according to its own timetable; and a commitment to compliance with the Livestock Waste Management Act.

(2) The designation of any county or counties as a livestock friendly county shall not be an indication nor shall it suggest that any county that does not seek or obtain such a designation is not friendly to livestock production.

(3) In order to assist any county with information and technology, the Department of Agriculture shall establish a resource database to provide, upon written request of the county zoning authority or county board, information sources that may be useful to the county in evaluating and crafting livestock facility conditional use permits that meet the objectives of the county and the livestock producer applicant.

(4) Nothing in this section shall prohibit or prevent any county board from adopting a resolution that designates the county a livestock friendly county.

Source:Laws 2003, LB 754, § 2; Laws 2015, LB175, § 2.

Cross References

Livestock Waste Management Act, see section 54-2416.

54-2803. Grant program; applications; purposes.

(1) From funds available in the Livestock Growth Act Cash Fund, the Director of Agriculture may administer a grant program to assist counties designated by the director as livestock friendly counties pursuant to section 54-2802 in livestock development planning and associated public infrastructure improvements. The director shall receive applications submitted by county boards or county planning authorities for assistance under this section and award grants for any of the following eligible purposes:

(a) Strategic planning to accommodate and encourage investment in livestock production, including one or more of the following activities:

(i) Reviewing zoning and land-use regulations;

(ii) Evaluating workforce availability, educational, institutional, public infrastructure, marketing, transportation, commercial service, natural resource, and agricultural assets, and needs of the county and surrounding areas to support livestock development;

(iii) Identifying livestock development goals and opportunities for the county;

(iv) Identifying and evaluating a location or locations suitable for placement of livestock production facilities; and

(v) Developing a marketing strategy to promote and attract investment in new or expanded livestock production and related livestock service and marketing businesses within the county; and

(b) Improvements to public infrastructure to accommodate one or more livestock development projects, including modifications to roads and bridges, drainage, and sewer and water systems. An application for a grant under this subdivision shall identify specific infrastructure improvements relating to a project for the establishment, expansion, or relocation of livestock production to which the grant funds would be applied and shall include a copy of the county conditional use permit issued for the livestock operation if required by county zoning regulations.

(2) A grant award under subdivision (1)(a) of this section shall not exceed fifteen thousand dollars. A grant award under subdivision (1)(b) of this section shall not exceed one-half of the unobligated balance of the Livestock Growth Act Cash Fund or two hundred thousand dollars, whichever is less.

Source:Laws 2015, LB175, § 3.

54-2804. Livestock Growth Act Cash Fund; created; use; investment.

The Livestock Growth Act Cash Fund is created. The fund may be used to carry out the Livestock Growth Act. The State Treasurer shall credit to the fund any funds transferred or appropriated to the fund by the Legislature and funds received as gifts or grants or other private or public funds obtained for the purposes of the act. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.

Source:Laws 2015, LB175, § 4.

Cross References

Nebraska Capital Expansion Act, see section 72-1269.

Nebraska State Funds Investment Act, see section 72-1260.

54-2805. Rules and regulations.

The Department of Agriculture may adopt and promulgate rules and regulations to carry out the Livestock Growth Act.

Source:Laws 2015, LB175, § 5.

54-2901. Act, how cited.

Sections 54-2901 to 54-2957 shall be known and may be cited as the Animal Health and Disease Control Act.

Source:Laws 2020, LB344, § 1.

54-2902. Definitions, where found.

For purposes of sections 54-753.05 and 54-797 to 54-7,103 and the Animal Health and Disease Control Act, unless the context otherwise requires, the definitions found in sections 54-2903 to 54-2938 shall be used.

Source:Laws 2020, LB344, § 2.

54-2903. Accredited veterinarian, defined.

Accredited veterinarian means a veterinarian duly licensed by the State of Nebraska and approved by the administrator of the Animal and Plant Health Inspection Service of the United States Department of Agriculture.

Source:Laws 2020, LB344, § 3.

54-2904. Affected animal, herd, or flock, defined.

Affected animal, herd, or flock means an animal, herd, or flock which contains an animal infected with or exposed to a dangerous disease.

Source:Laws 2020, LB344, § 4.

54-2905. Affected premises, defined.

Affected premises means premises upon which is or was located an affected animal, herd, or flock or suspected affected animal, herd, flock, or disease agent of a dangerous disease.

Source:Laws 2020, LB344, § 5.

54-2906. Animal, defined.

Animal means all vertebrate members of the animal kingdom except humans or wild animals at large.

Source:Laws 2020, LB344, § 6.

54-2907. Approved laboratory, defined.

Approved laboratory means an animal disease diagnostic laboratory accredited by the American Association of Veterinary Laboratory Diagnosticians to conduct animal disease testing.

Source:Laws 2020, LB344, § 7.

54-2908. Cattle, defined.

Cattle means all domestic bovine animals, including beef cattle, dairy cattle, and bison.

Source:Laws 2020, LB344, § 8.

54-2909. Certificate of veterinary inspection, defined.

Certificate of veterinary inspection means a legible document, paper, or electronic submission, issued by an accredited veterinarian at the point of origin of an animal movement which meets federal and state requirements for interstate or intrastate movement of animals. Certificate of veterinary inspection does not include Form 7001 of the Animal and Plant Health Inspection Service of the United States Department of Agriculture.

Source:Laws 2020, LB344, § 9.

54-2910. Controlled movement, defined.

Controlled movement means a temporary movement restriction controlling the movement of animals, animal products, and fomites into, within, and out of a regulatory control area where affected animals, herds, or flocks are or were located.

Source:Laws 2020, LB344, § 10.

54-2911. Dangerous disease, defined.

Dangerous disease means an infectious, contagious, or otherwise transmissible disease, infestation, or exposure which has the potential for rapid spread, serious economic impact, or serious threat to livestock health, and is of major importance in the trade of livestock and livestock products.

Source:Laws 2020, LB344, § 11.

54-2912. Department, defined.

Department means the Department of Agriculture.

Source:Laws 2020, LB344, § 12.

54-2913. Director, defined.

Director means the Director of Agriculture or his or her designee.

Source:Laws 2020, LB344, § 13.

54-2914. Domesticated cervine animal, defined.

Domesticated cervine animal means any elk, deer, or other member of the family cervidae legally obtained from a facility which has a license, permit, or registration authorizing domesticated cervine animals which has been issued by the state in which such facility is located and such animal is raised in a confined area.

Source:Laws 2020, LB344, § 14.

54-2915. Embargo, defined.

Embargo means a temporary movement restriction of any affected or suspect animal, herd, or flock.

Source:Laws 2020, LB344, § 15.

54-2916. Exposed, defined.

Exposed means an animal, herd, flock, or premises which has come into contact with a disease agent which affects livestock.

Source:Laws 2020, LB344, § 16.

54-2917. Foreign animal or transboundary disease, defined.

Foreign animal or transboundary disease means a disease not endemic to the United States or which has been eradicated in the United States, and which is of significant economic, trade, and food security importance.

Source:Laws 2020, LB344, § 17.

54-2918. Herd or flock, defined.

Herd or flock means one or more groups of livestock under common ownership or supervision, maintained on common ground for any purpose, or which are geographically separated but which have an interchange of livestock or equipment.

Source:Laws 2020, LB344, § 18.

54-2919. Herd or flock management plan, defined.

Herd or flock management plan means a written disease management plan that is designed by the herd owner or the owner's representative in conjunction with the State Veterinarian or federal area veterinarian in charge to eradicate or reduce exposure to a dangerous disease from an affected herd or flock. Such plan may require additional disease management practices deemed necessary by the State Veterinarian to eradicate such disease.

Source:Laws 2020, LB344, § 19.

54-2920. Infected or positive animal, herd, or flock, defined.

Infected or positive animal, herd, or flock means an animal that has tested positive to an official test.

Source:Laws 2020, LB344, § 20.

54-2921. Livestock, defined.

Livestock means cattle, swine, sheep, horses, mules, donkeys, goats, domesticated cervine animals, ratite birds, poultry, llamas, and alpacas.

Source:Laws 2020, LB344, § 21.

54-2922. Negative animal, herd, or flock, defined.

Negative animal, herd, or flock means any animal, herd, or flock which has been tested and found negative to an official test.

Source:Laws 2020, LB344, § 22.

54-2923. Official test, defined.

Official test means a diagnostic test approved by USDA/APHIS/VS or the department for determining the presence or absence of a program disease.

Source:Laws 2020, LB344, § 23.

54-2924. Permit for entry or permit, defined.

Permit for entry or permit means a pre-movement authorization for entry into the State of Nebraska obtained from the department which states the conditions under which the animal movement may be made and the location where the animal or animals are going and includes a permit authorization number which is required to be recorded on the certificate of veterinary inspection.

Source:Laws 2020, LB344, § 24.

54-2925. Person, defined.

Person means any individual, governmental entity, corporation, society, firm, association, partnership, limited liability company, joint-stock company, association, or any other corporate body or legal entity.

Source:Laws 2020, LB344, § 25.

54-2926. Poultry, defined.

Poultry means domesticated birds that serve as a source of eggs or meat and includes, but is not limited to, chickens, turkeys, ducks, and geese.

Source:Laws 2020, LB344, § 26.

54-2927. Premises, defined.

Premises means land, buildings, vehicles, equipment, pens, holding facilities, and grounds upon which an animal, herd, or flock is or was, housed, kept, located, grazed, or transported.

Source:Laws 2020, LB344, § 27.

54-2928. Program disease, defined.

Program disease means a dangerous disease for which specific state or federal legislation exists for disease control or eradication, or is classified as a program disease by the department or USDA/APHIS/VS.

Source:Laws 2020, LB344, § 28.

54-2929. Program disease activity or surveillance, defined.

Program disease activity or surveillance means determining the presence, control, eradication, surveillance, or monitoring of program diseases and may include, but is not limited to, testing, taking of diagnostic samples, treating, vaccinating, monitoring, or surveillance of any animals, affected animals, or suspected affected animals or any premises, affected premises, or suspected affected premises.

Source:Laws 2020, LB344, § 29.

54-2930. Program standards, defined.

Program standards means the supplemental guidelines and uniform methods and rules adopted and approved by USDA/APHIS/VS for further clarification of established procedures for the regulation, control, eradication, and enforcement of livestock program diseases.

Source:Laws 2020, LB344, § 30.

54-2931. Quarantine, defined.

Quarantine means a restriction imposed on animal movement, premises, or regulated articles issued by the department.

Source:Laws 2020, LB344, § 31.

54-2932. Ratite bird, defined.

Ratite bird means any ostrich, emu, rhea, kiwi, or cassowary.

Source:Laws 2020, LB344, § 32.

54-2933. Regulated article, defined.

Regulated article means any item capable of transmitting a dangerous disease including conveyances, equipment, feed, or any other item established by the department.

Source:Laws 2020, LB344, § 33.

54-2934. Responder or suspect, defined.

Responder or suspect means any animal which exhibits a response to an official test, and such animal is classified as a responder or suspect by the testing veterinarian or laboratory.

Source:Laws 2020, LB344, § 34.

54-2935. Sale, defined.

Sale means a sale, lease, loan, trade, barter, or gift.

Source:Laws 2020, LB344, § 35.

54-2936. State Veterinarian, defined.

State Veterinarian means the veterinarian appointed pursuant to section 81-202 or his or her designee, subordinate to the director.

Source:Laws 2020, LB344, § 36.

54-2937. Trace or tracing, defined.

Trace or tracing means the epidemiological investigative process of determining the origin and movements of animals, animal products, and possible vectors that may be involved in the spread or transmissibility of a disease agent.

Source:Laws 2020, LB344, § 37.

54-2938. USDA/APHIS/VS, defined.

USDA/APHIS/VS means the United States Department of Agriculture, Animal and Plant Health Inspection Service, Veterinary Services.

Source:Laws 2020, LB344, § 38.

54-2939. Legislative findings; department; powers.

The Legislature finds and declares it is the policy of this state that animal health and disease control are essential to the livestock industry and the health of the economy of Nebraska. The purpose of the Animal Health and Disease Control Act is to further the best interests of Nebraska's livestock industry and to grow Nebraska agriculture. In carrying out its duty to protect the health of Nebraska's livestock, the department may use USDA/APHIS/VS program standards to determine and employ the most efficient and practical means for the prevention, suppression, control, and eradication of dangerous diseases among livestock and transmissible from other animals to livestock.

Source:Laws 2020, LB344, § 39.

54-2940. Animal Health and Disease Control Act and Exotic Animal Auction or Exchange Venue Act; department; powers.

In carrying out its duties to prevent, suppress, control, and eradicate dangerous diseases the department may:

(1) Issue quarantines to any person or public or private premises within the state where an affected animal, suspected affected animal, or regulated article is or was located, and upon any animal imported into Nebraska in violation of the Animal Health and Disease Control Act, the Exotic Animal Auction or Exchange Venue Act, and any importation rules or regulations until such quarantine is released by the State Veterinarian. Whenever additional animals are placed within a quarantined premises or area, such quarantine may be amended accordingly by the department. Births and death loss shall be included on inventory documentation pursuant to the quarantine;

(2) Regulate or prohibit animal or regulated article movement into, within, or through the state through quarantines, controlled movement orders, importation orders, or embargoes as deemed necessary by the State Veterinarian;

(3) Require an affected animal or suspected affected animal to be (a) euthanized, detained, slaughtered, or sold for immediate slaughter at a federally inspected slaughter establishment or (b) inspected, tested, treated, subjected to an epidemiological investigation, monitored, or vaccinated. The department may require tested animals to be identified by an official identification eartag. Costs for confinement, restraint, and furnishing the necessary assistance and facilities for such activities shall be the responsibility of the owner or custodian of the animal;

(4) Seek an emergency proclamation by the Governor in accordance with section 81-829.40 when deemed appropriate. All state agencies and political subdivisions of the state shall cooperate with the implementation of any emergency procedures and measures developed pursuant to such proclamation;

(5)(a) Access records or animals and enter any premises related to the purposes of the Animal Health and Disease Control Act or the Exotic Animal Auction or Exchange Venue Act without being subject to any action for trespass or reasonable damages if reasonable care is exercised; and

(b) Obtain an inspection warrant in the manner prescribed in sections 29-830 to 29-835 if any person refuses to allow the department access or entry as authorized under this subdivision;

(6) Adopt and promulgate rules and regulations to enforce and effectuate the general purpose and provisions of the Animal Health and Disease Control Act, the Exotic Animal Auction or Exchange Venue Act, and any other provisions the department deems necessary for carrying out its duties under such acts including:

(a) Standards for program diseases to align with USDA/APHIS/VS program standards;

(b) Provisions for maintaining a livestock disease reporting system;

(c) Procedures for establishing and maintaining accredited, certified, validated, or designated disease-free animals, herds, or flocks;

(d) In consultation with the Department of Environment and Energy and the Department of Health and Human Services, best management practices for the disposal of carcasses of dead livestock;

(e) In consultation with the Department of Environment and Energy and the University of Nebraska, operating procedures governing composting of livestock carcasses;

(f) Recommendations of where and how any available federal funds and state personnel and materials are to be allocated for the purpose of program disease activities; and

(g) Provisions for secure food supply plans to ensure the continuity of business is maintained during a foreign animal or transboundary disease outbreak;

(7) When funds are available, develop a livestock emergency response system capable of coordinating and executing a rapid response to the incursion or potential incursion of a dangerous livestock disease episode which poses a threat to the health of the state's livestock and could cause a serious economic impact on the state, international trade, or both;

(8) When funds are available, support planning for and assistance with catastrophic livestock mortality disposal, including the acquisition of equipment and supplies and securing of services, to augment preparedness for and response to a disease, natural disaster, or other emergency event resulting in catastrophic livestock mortality or euthanization;

(9) Allow animals intended for direct slaughter to move to a controlled feedlot for qualified purposes; and

(10) Approve qualified commuter herd agreements and livestock producer plans and, when appropriate, allow for exceptions to requirements by written compliance agreements.

Source:Laws 2020, LB344, § 40; Laws 2022, LB848, § 1.

Cross References

Exotic Animal Auction or Exchange Venue Act, see section 54-7,105.

54-2941. Veterinary inspector or agent of the USDA/APHIS/VS; act as agent of the department, when.

Any veterinary inspector or agent of the USDA/APHIS/VS who has been officially assigned by the United States Department of Agriculture for service in Nebraska may be officially authorized by the department to perform and exercise such powers and duties as may be prescribed by the department, and when so authorized shall have and exercise all rights and powers under the Animal Health and Disease Control Act and the Exotic Animal Auction or Exchange Venue Act as agents of the department.

Source:Laws 2020, LB344, § 41.

Cross References

Exotic Animal Auction or Exchange Venue Act, see section 54-7,105.

54-2942. Department; animal disease control and eradication responsibilities; cooperate and contract; agreements authorized.

In carrying out its animal disease control and eradication responsibilities, the department may cooperate and contract with public or private persons and enter into agreements with other state or federal agencies to allow personnel from such agencies to work in Nebraska and to allow department personnel to work in other states or with federal agencies under a cooperative work program.

Source:Laws 2020, LB344, § 42.

54-2943. Failure to carry out program disease activities; department powers and duties; costs; reimbursement; late fee; funds; expenditures authorized.

(1) Whenever any person fails to carry out program disease activities or other responsibilities required under the Animal Health and Disease Control Act, the department may perform such functions. Upon completion of any such required program disease activities, the department shall determine its actual administrative costs incurred in handling the affected animal, herd, or flock or affected premises and conducting necessary and related activities and notify the owner or custodian in writing. Such owner or custodian shall reimburse the department its actual administrative costs within thirty days following the date of the notice.

(2) Any person failing to reimburse the department shall be assessed a late fee of twenty-five percent of the amount due for each thirty days of delinquent nonpayment up to one hundred percent of the original amount. The purpose of the late fee is to cover administrative costs associated with collecting the amount overdue. All such payments assessed and collected pursuant to this section shall be remitted to the State Treasurer for credit to the Animal Health and Disease Control Cash Fund.

(3) The department may provide funds from the Animal Health and Disease Control Cash Fund to or on behalf of herd owners for program disease activities or any portion thereof in connection with the implementation of the Animal Health and Disease Control Act if funds for such activities or any portion have been appropriated. The department may develop statewide priorities for the expenditure of state funds available for animal disease control and eradication program activities. If funds are not available, the owner of such animal shall continue the program at his or her own expense. A portion of such state funds may be used by the department to pay a portion of the costs of testing done by or for accredited veterinarians if such work is approved by the department.

(4) In administering program disease activities pursuant to this section, the department shall not pay for:

(a) Testing done for a change of ownership at private treaty or at concentration points;

(b) Costs of gathering, confining, and restraining animals subject to testing or costs of providing necessary facilities and assistance;

(d) Indemnity for any animal destroyed as a result of being affected with a program disease or other dangerous disease unless funding is specifically appropriated by the Legislature for such purpose.

(5) The department shall not be liable for actual or incidental costs incurred by any person due to departmental actions in enforcing this section, including any action for trespass or damages.

Source:Laws 2020, LB344, § 43.

54-2944. Affected animal, herd, or flock; affected premises; owner or custodian; duties; duty to report

(1) The owner or custodian of an affected animal, herd, or flock or affected premises may be required by the department to develop a written animal, herd, or flock management plan.

(2) Any affected premises may be required to be cleaned, disinfected, destroyed, or disposed of, or any combination thereof, to prevent transmission and spread of dangerous disease from one premises to another, or from one group of animals to another, when deemed necessary by the State Veterinarian.

(3) It is the duty of any person who discovers, suspects, or has reason to believe that any animal belonging to him or her, or which he or she has in his or her possession or custody, or which belonging to another person may come under his or her observation, is an affected animal to immediately report such fact, belief, or suspicion to the department or its agent, employee, or appointee.

Source:Laws 2020, LB344, § 44.

54-2945. Bovine trichomoniasis; prohibited acts; duty to report; notice to adjacent landowner or land manager; form or affidavit submitted to department; department; duties; costs.

(1) Any person who reasonably suspects that any beef or dairy breeding bull belonging to him or her, or which he or she has in his or her possession or custody, is infected with bovine trichomoniasis shall not sell or transport such animal except for consignment directly to a federally recognized slaughter establishment unless such person causes such animal to be tested for bovine trichomoniasis.

(2) Any person who owns or has possession or custody of a beef or dairy breeding bull, or who has a beef or dairy breeding bull belonging to another under his or her observation, for which an approved laboratory confirmed diagnosis of bovine trichomoniasis has been made shall report such diagnosis to the department within five business days after receipt of the laboratory confirmation.

(3) Any such breeding bull for which a laboratory confirmation of bovine trichomoniasis has been made shall not be sold or transported except for consignment directly to a federally recognized slaughter establishment. The department may issue an order for such trichomoniasis positive bull to go directly to slaughter if the owner or custodian of such animal does not comply as set forth in this section.

(4) An owner or manager of any beef or dairy breeding bull for which an approved laboratory confirmed diagnosis of bovine trichomoniasis has been made shall notify each adjacent landowner or land manager of the diagnosis if such land is capable of maintaining livestock susceptible to bovine trichomoniasis. Such notification shall be made to each landowner or land manager within fourteen days after the diagnosis even if cattle are not currently maintained on the owner's or manager's land.

(5) The owner or manager of the cattle shall submit to the department a form or affidavit attesting to the fact that the notification required under this section has occurred. The form or affidavit shall be submitted to the department within fourteen days after the diagnosis and shall include the names of adjacent landowners or land managers who were notified and their contact information. If an owner or a manager does not within such fourteen-day period submit the form or affidavit indicating that adjacent landowners or land managers have been notified as required under this subsection, the department shall notify such adjacent landowners or land managers of the diagnosis.

(6) The department shall assess the administrative costs of the department to notify the adjacent landowners or land managers against the owner or manager that failed to comply with subsection (5) of this section. The department shall determine the scope of adjacent land based on the disease characteristics and modes of transmission. The department shall remit any administrative costs collected under this subsection to the State Treasurer for credit to the Animal Health and Disease Control Act Cash Fund.

Source:Laws 2020, LB344, § 45.

54-2946. Dead animal; proper disposal; what constitutes; effect; owner or custodian; duties; sheriff; powers and duties; suspicion of anthrax; owner or custodian; duties; acts prohibited; department powers.

(1) It is the duty of the owner or custodian of any dead animal to properly dispose of the animal within thirty-six hours after receiving knowledge of the animal's death unless a different timeframe is established in a herd or flock management plan or otherwise allowed by the State Veterinarian. Proper disposal of a dead animal is limited to:

(a) Burial on the premises where such animal died or on any adjacent property under the control of the animal's owner or custodian and coverage to a depth of at least four feet below the surface of the ground except as required in subsection (7) of this section;

(b) Complete incineration;

(c) Composting on the premises where such animal died or on an adjacent property under the ownership and control of the owner or custodian;

(d) Alkaline hydrolysis tissue digestion by a veterinary clinic or laboratory;

(e) Transportation by a licensed rendering establishment or other hauler approved by the State Veterinarian;

(f) Transportation to a veterinary clinic or laboratory for purposes of diagnostic testing; or

(g) Transportation with written permission of the State Veterinarian:

(i) To a rendering establishment licensed under the Nebraska Meat and Poultry Inspection Law;

(ii) To a compost site approved by the State Veterinarian;

(iii) To a facility with a permit to operate as a landfill under the Integrated Solid Waste Management Act so long as the operator of the landfill agrees to accept the dead animal;

(iv) To any facility which lawfully disposes of dead animals;

(v) As specified in a herd or flock management plan; or

(vi) In the event of a disease, natural disaster, or other emergency event resulting in catastrophic livestock mortality or euthanization, to a location designated by a county or other local emergency management organization.

(2) A dead animal properly disposed of pursuant to this section is exempt from the requirements for disposal of solid waste under the Integrated Solid Waste Management Act.

(3) Any vehicle used by the owner or custodian to transport a dead animal shall be constructed in such a manner that the contents are covered and will not fall, leak, or spill from the vehicle. Violation of this subsection is a traffic infraction as defined in section 60-672.

(4) It is hereby made the duty of the sheriff of each county to cause the proper disposal of the carcass of any animal or carcass part remaining unburied or otherwise disposed of after notice from the department that any such carcass has not been properly buried or disposed of in violation of this section. The sheriff may enter any premises where any such carcass is located for the purpose of carrying out this section and may cause each carcass to be properly buried or disposed of on such premises. The county board of commissioners or supervisors shall allow such sums for the services as it may deem reasonable, and such sums shall be paid to the persons rendering the services upon vouchers as other claims against the county are paid. The owner of such animal shall be liable to the county for the expense of such burial or disposal, to be recovered in a civil action, unless the owner pays such expenses within thirty days after notice and demand therefor.

(5) If anthrax is suspected in any animal death, the owner or custodian of the animal or herd shall be responsible to have samples submitted to an approved laboratory for confirmation.

(6) If an animal has or is suspected to have died of anthrax, it shall be unlawful to:

(a) Transport such animal or animal carcass, except as directed and approved by the department;

(b) Use the flesh or organs of such animal or animal carcass for food for livestock or human consumption; or

(7) The disposition of any anthrax-infected animal carcass shall be carried out under the direction of the department. It shall be the duty of the owner or custodian of an animal that has died of anthrax to bury or burn the carcass on the premises where the carcass is found, unless directed otherwise by the State Veterinarian. If such carcass is buried, no portion of the carcass shall be interred closer than six feet from the surface of the ground. The department may direct the owner or custodian of an infected herd to treat the herd and to clean and disinfect the premises in accordance with the herd plan.

Source:Laws 2020, LB344, § 46; Laws 2022, LB848, § 2.

Cross References

Integrated Solid Waste Management Act, see section 13-2001.

Nebraska Meat and Poultry Inspection Law, see section 54-1901.

54-2947. Pre-entry certificate of veterinary inspection; required; exceptions; permits, required when; prohibited acts; department powers.

(1) All animals brought into this state shall be accompanied by a pre-entry certificate of veterinary inspection, except:

(a) Animals brought directly to slaughter as defined in 9 C.F.R. 86.1 to a recognized slaughtering establishment as defined in 9 C.F.R. 78.1, as such regulations existed on January 1, 2020;

(b) Cattle, swine, horses, sheep, and goats brought from the farm or ranch of origin directly to an establishment approved under 9 C.F.R. 71.20, as such regulation existed on January 1, 2020;

(c) Poultry under eight weeks of age accompanied by a VS Form 9-3, Report of Sales of Hatching Eggs, Chicks, and Poults, and classified prior to movement into Nebraska as pullorum and typhoid clean or equivalent status pursuant to 9 C.F.R. part 145, the National Poultry Improvement Plan, as such plan existed on January 1, 2020; and

(d) Animals moving directly to a veterinary clinic or approved laboratory for diagnosis, treatment, or health examination, except that live animals without a pre-entry certificate of veterinary inspection shall not stay in Nebraska longer than the duration of such diagnosis, treatment, or health examination and during such stay shall be separated from other animals.

(2) The department may require that a prior entry permit be obtained for animals if it deems such permit is necessary for the protection of the health of domestic animals in the state.

(3) Except as provided in the Animal Health and Disease Control Act or the Exotic Animal Auction or Exchange Venue Act, no person shall move from a premises any animal which is affected or suspected of being affected with any dangerous disease without first having obtained a permit from the department.

(4) It shall be unlawful for any person to cause any animal to be diverted from the destination stated on the certificate of veterinary inspection except by written permission of the State Veterinarian.

(5) Any animal which does not qualify for entry into Nebraska pursuant to department rules and regulations may, at the discretion of the State Veterinarian, be subject to the department powers outlined in section 54-2940.

Source:Laws 2020, LB344, § 47.

Cross References

Exotic Animal Auction or Exchange Venue Act, see section 54-7,105.

54-2948. Livestock; official identification; compliance with federal regulations; device or method; use; device removal, prohibited; exceptions.

(1) Livestock imported into Nebraska shall comply with federal animal disease traceability requirements for official identification of animals as set forth in 9 C.F.R. part 86, as such part existed on January 1, 2020, which the Legislature hereby adopts by reference. If there is an inconsistency between such federal regulations and the Animal Health and Disease Control Act, and any adopted and promulgated rules or regulations or order issued by the department, the requirements of the act, rules or regulations, or order control.

(2) An official identification device or method may be applied by an animal's owner, the owner's representative, an accredited veterinarian, or an approved tagging site. Official identification devices are intended to provide permanent identification of livestock and to ensure the ability to find the source of animal disease outbreaks. Removal of these devices is prohibited except at the time of slaughter, upon the death of the animal at any location, when an area veterinarian in charge replaces a device, or as otherwise approved by the department.

Source:Laws 2020, LB344, § 48.

54-2949. Premises registration; animal disease traceability; information; restrictions on disclosure; violations; penalty.

(1) Any information that a person provides to the department for purposes of premises registration or for voluntary participation in or compliance with animal disease traceability shall not be a public record subject to disclosure under sections 84-712 to 84-712.09. The department and its employees or agents shall not disclose such information to any other person or agency, except when such disclosure:

(a) Is authorized by the person who provided the information; or

(b) Is necessary for purposes of disease surveillance or to carry out epidemiological investigations related to incidences of animal disease.

(2) The department may disclose information as authorized by this section subject to any confidentiality requirements that the department determines are appropriate under the circumstances.

(3) Any person who violates this section shall be subject to prosecution for official misconduct pursuant to section 28-924.

(4) Nothing in this section shall be construed to prohibit the department from discussing, reporting, or otherwise disclosing the progress or results of disease surveillance activities or epidemiological investigations related to incidence of animal disease.

Source:Laws 2020, LB344, § 49.

54-2950. Records or reports; requirements.

Any person subject to the Animal Health and Disease Control Act or any rule or regulation adopted and promulgated under the act shall keep records or reports pertaining to vaccination of animals, herds, or flocks, official diagnostic test results, and movement of affected animals, herds, or flocks infected with, exposed to, or suspected of being infected with or exposed to a program disease for five years. Such person shall keep any other records or make any other reports the department deems necessary to enforce the act.

Source:Laws 2020, LB344, § 50.

54-2951. Vaccine; sale and use restrictions.

(1) The State Veterinarian may restrict the sale and use of vaccine as he or she deems appropriate.

(2) The sale and use of vaccines which are licensed and approved by the United States Department of Agriculture, Animal and Plant Health Inspection Service, Center for Veterinary Biologics, shall be used for the vaccination of livestock and such vaccines shall be distributed and administered by an accredited veterinarian licensed to practice in Nebraska.

(3) An affected animal, herd, or flock shall only be vaccinated by or under approval by an accredited veterinarian licensed to practice in Nebraska.

(4) Owners or custodians of animals, herds, or flocks not affected due to anthrax may purchase anthrax vaccine from an accredited veterinarian licensed to practice in Nebraska for purposes of treating such animals.

Source:Laws 2020, LB344, § 51.

54-2952. Waste animal products, defined; feed to animals; unlawful; exceptions.

As used in this section, waste animal products means all meat or other materials derived in whole or in part from animals that are the result of handling, preparing, cooking, or consumption of human food. For purposes of controlling the spread of dangerous diseases of animals, it shall be unlawful for any person to feed waste animal products to animals except as follows:

(1) The material is regulated and approved as feed under the Commercial Feed Act; and

(2) A person may feed waste animal products to his or her own animals so long as such waste animal products are obtained from the person's own household, and the animals so fed, if consumed, are consumed by no one other than the members of that household.

Source:Laws 2020, LB344, § 52.

Cross References

Commercial Feed Act, see section 54-847.

54-2953. Violation of Animal Health and Disease Control Act or Exotic Animal Auction or Exchange Venue Act; cease and desist order; administrative fine; injunctions; procedures.

(1) Whenever the director has reason to believe that any person has violated the Animal Health and Disease Control Act, the Exotic Animal Auction or Exchange Venue Act, any rule or regulation adopted and promulgated under such acts, or any order of the director, the director may issue a cease and desist order. Proceedings initiated pursuant to this section shall not preclude the department from pursuing other administrative, civil, or criminal sanctions according to law.

(2) Any notice or order issued pursuant to the Animal Health and Disease Control Act, the Exotic Animal Auction or Exchange Venue Act, or any rule or regulation adopted and promulgated under such acts shall be properly served when it is personally served on the alleged violator or when it is sent by certified or regular United States mail to the last-known address of the alleged violator.

(3) A notice of the right to a hearing shall include notice that such right to a hearing may be waived by the alleged violator.

(4) All hearings shall be conducted by the director at the time and place he or she designates. The director shall make findings of fact and conclusions of law based on the complete hearing record and issue an order.

(5) Any person aggrieved by the findings and conclusions of the director shall have ten days after the entry of the director's order to request a new hearing if such person can show that a mistake of fact has been made which affected the director's determination. Any order of the director becomes final upon the expiration of ten days after its entry if no request for a new hearing is made.

(6) When a person, including a nonresident of this state, engages in conduct prohibited or made actionable by the Animal Health and Disease Control Act, the Exotic Animal Auction or Exchange Venue Act, any rule or regulation adopted and promulgated under such acts, or any order of the director, the engagement in such conduct shall constitute sufficient contact with this state for the exercise of personal jurisdiction over such person in any action which arises under this section.

(7) The department may assess an administrative fine of up to five thousand dollars for any violation of the Animal Health and Disease Control Act, the Exotic Animal Auction or Exchange Venue Act, any rule or regulation adopted and promulgated under such acts, or any order of the director. Each violation shall constitute a separate offense. Whenever a violation has occurred, the following shall be considered when determining the amount of any administrative fine:

(a) The culpability and good faith of the violator and any past violations;

(b) The seriousness of the violation, including the amount of any actual or potential risk to the health of Nebraska's livestock or livestock industry; and

(c) The extent to which the violator derived financial gain as a result of committing or permitting the violation, including a determination of the size of the violator's business and the impact of the administrative fine on such business.

(8) The director shall advise the Attorney General of the failure of any person to pay an administrative fine imposed under this section. The Attorney General shall bring an action in the district court of Lancaster County to recover the fine.

(9) The department may apply for a temporary restraining order, a temporary or permanent injunction, or a mandatory injunction against any person violating or threatening to violate the Animal Health and Disease Control Act, the Exotic Animal Auction or Exchange Venue Act, or any rules and regulations adopted and promulgated under either act. It shall be the duty of the Attorney General or the county attorney of the county in which the violation occurred or is about to occur, when notified by the director of such violation, to pursue appropriate proceedings without delay pursuant to this section.

(10) Nothing in this section shall be construed to require the director to report all acts for prosecution if in the opinion of the director the public interest will best be served through other administrative or civil procedures.

(11) All money collected by the department pursuant to this section shall be remitted to the State Treasurer for distribution in accordance with Article VII, section 5, of the Constitution of Nebraska.

Source:Laws 2020, LB344, § 53.

Cross References

Exotic Animal Auction or Exchange Venue Act, see section 54-7,105.

54-2954. Violation of Animal Health and Disease Control Act or Exotic Animal Auction or Exchange Venue Act; orders of department; arrests; law enforcement officer; county attorney; powers and duties.

(1) For purposes of this section, law enforcement officer has the same meaning as in section 54-902. Special investigator means a special investigator appointed as a deputy state sheriff and employed by the department for state law enforcement purposes pursuant to section 81-201.

(2) The department or any officer, special investigator, agent, employee, or appointee thereof may request any law enforcement officer to execute the orders of the department, and such law enforcement officer shall have authority to execute the orders of the department.

(3) Any special investigator, or any law enforcement officer whose assistance is requested pursuant to subsection (2) of this section, may arrest any person found violating the Animal Health and Disease Control Act, the Exotic Animal Auction or Exchange Venue Act, or any rule or regulation adopted and promulgated under such acts, and such officer or special investigator shall immediately notify the county attorney of such arrest. The county attorney shall prosecute the arrested person according to the law.

Source:Laws 2020, LB344, § 54.

Cross References

Exotic Animal Auction or Exchange Venue Act, see section 54-7,105.

54-2955. Animal Health and Disease Control Act or Exotic Animal Auction or Exchange Venue Act; embargo or importation order; required herd management plan; violations; penalties.

(1) Any person who imports livestock or causes livestock to be imported into the State of Nebraska in violation of an embargo or importation order issued by the State Veterinarian shall be guilty of a Class IV felony.

(2) Any person who violates any provision of the Animal Health and Disease Control Act, the Exotic Animal Auction or Exchange Venue Act, or any rules and regulations duly adopted and promulgated thereunder, for which no other criminal penalty is provided by such acts, shall be deemed guilty of a Class II misdemeanor.

(3) An owner or custodian of an affected animal, herd, or flock or affected premises who fails to develop a required herd management plan or who fails to follow such a plan is guilty of a Class I misdemeanor.

Source:Laws 2020, LB344, § 55.

Cross References

Exotic Animal Auction or Exchange Venue Act, see section 54-7,105.

54-2956. Animal Health and Disease Control Act and Exotic Animal Auction or Exchange Venue Act; prohibited acts.

It shall be unlawful for any person to violate the Animal Health and Disease Control Act and the Exotic Animal Auction or Exchange Venue Act or any rule or regulation adopted and promulgated pursuant to such acts. It is a violation for any person to:

(1) Deny access to any officer, agent, employee, or appointee of the department or offer any resistance to, thwart, or hinder such persons by misrepresentation or concealment;

(2) Violate a controlled movement order or quarantine or remove an animal which has been placed under a controlled movement order or quarantine until such controlled movement order or quarantine is released by the State Veterinarian;

(3) Fail to pay any administrative fine levied pursuant to section 54-2953;

(4) Interfere in any way with or obstruct an officer, agent, employee, or appointee of the department from entering any premises to carry out his or her duties under the Animal Health and Disease Control Act, the Exotic Animal Auction or Exchange Venue Act, or any rules or regulations promulgated under such acts, or to interfere in any way with the department in the performance of its duties;

(5) If an owner or a custodian of an affected animal, refuse to perform program disease activities, refuse to perform any other duty required by the State Veterinarian under the Animal Health and Disease Control Act, or refuse to dispose of such affected animal if ordered to do so by the State Veterinarian;

(6) Knowingly harbor, sell, or otherwise dispose of any affected animal or any part thereof except as provided by the Animal Health and Disease Control Act and the rules and regulations adopted and promulgated by the department under the act;

(7) Except by permit issued by the department, bring, cause to be brought, or aid in bringing into this state any animal which he or she knows to be infected with, exposed to, or suspected of being exposed to any dangerous disease, or which he or she knows has originated from a quarantined area, herd, or flock;

(8) Violate a disease control requirement established through livestock herd agreements or health plans, compliance agreements, or controlled feedlot agreements; or

(9) Bring, cause to be brought, or aid in bringing into this state any animal in violation of section 54-2947 or 54-2948 or any rule or regulation adopted and promulgated by the department.

Source:Laws 2020, LB344, § 56.

Cross References

Exotic Animal Auction or Exchange Venue Act, see section 54-7,105.