Chapter 54 — LIVESTOCK
1,170 sections in this chapter.
Neb. Rev. Stat. § 54-174 Brand inspection agency, defined.
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Brand inspection agency means an agency of a state, or a duly organized livestock association of a state, authorized by state law and registered with the Packers and Stockyards Division of the United States Department of Agriculture to charge and collect, at designated stockyards…
Neb. Rev. Stat. § 54-175 Brand inspection area, defined.
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Brand inspection area means that portion of the State of Nebraska designated in section 54-1,109, where brand inspection is mandatory.
Neb. Rev. Stat. § 54-175.01 Brand inspection service area, defined.
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Brand inspection service area means all Nebraska counties and areas of Nebraska counties contiguous with the brand inspection area designated by section 54-1,109.
Neb. Rev. Stat. § 54-176 Brand inspector, defined.
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Brand inspector means a person employed by the Nebraska Brand Committee, or some other brand inspection agency, inside or outside of the State of Nebraska, for the purpose of identifying brands, marks, or other identifying characteristics of livestock or approved nonvisual identi…
Neb. Rev. Stat. § 54-177 Carcass, defined.
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Carcass means the body, or part thereof but not less than one-fourth of a body, of any dead or slaughtered livestock.
Neb. Rev. Stat. § 54-178 Cattle, defined.
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Cattle means bovine cattle only and does not relate to or include any other kind of animal.
Neb. Rev. Stat. § 54-179 Certificate of inspection, defined.
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Certificate of inspection means the official document issued and signed by a brand inspector authorizing (1) movement of livestock from a point of origin within the brand inspection area to a destination either inside or outside of the brand inspection area or outside of this sta…
Neb. Rev. Stat. § 54-179.01 Certified bill of sale, defined.
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Certified bill of sale means a document generated by the Nebraska Brand Committee from information provided electronically by a qualified dairy when selling calves under thirty days of age for beef production purposes. Such information shall include the name and physical address …
Neb. Rev. Stat. § 54-179.02 Certified transportation permit, defined.
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Certified transportation permit means a document generated by the Nebraska Brand Committee from information provided electronically by a qualified dairy when moving calves under thirty days of age out of the inspection area for beef production purposes. Such information shall inc…
Neb. Rev. Stat. § 54-179.03 Electronic inspection, defined.
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Electronic inspection means a method of performing inspections of livestock enrolled with the Nebraska Brand Committee utilizing approved nonvisual identifier means of identification.
Neb. Rev. Stat. § 54-179.04 Enrollment, defined.
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Enrollment means the registration of livestock identified by nonvisual identifier means of livestock identification approved by the Nebraska Brand Committee and which occurs electronically and uses only those approved identifiers for evidence of ownership.
Neb. Rev. Stat. § 54-179.05 Dairy heifer development facility, defined.
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Dairy heifer development facility means a facility that specializes in raising and managing dairy heifers until such dairy heifers are ready for breeding or calving.
Neb. Rev. Stat. § 54-180 Estray, defined.
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Estray means any livestock found running at large upon public or private lands, either fenced or unfenced, whose owner is unknown in the area where found, any such livestock which is branded with a brand which is not on record in the office of the Nebraska Brand Committee, or any…
Neb. Rev. Stat. § 54-1801 Act, how cited.
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Sections 54-1801 to 54-1808 may be cited as the Nebraska Livestock Sellers Protective Act.
Neb. Rev. Stat. § 54-1802 Terms, defined.
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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 slaughte…
Neb. Rev. Stat. § 54-1803 Purchasing slaughter livestock; unlawful acts.
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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 w…
Neb. Rev. Stat. § 54-1804 Slaughter livestock; purchaser; requirements.
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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…
Neb. Rev. Stat. § 54-1805 Director of Agriculture; violations; restraining order; appointment of receiver; Attorney General, county attorney; duties.
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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…
Neb. Rev. Stat. § 54-1806 Director of Agriculture; reciprocal agreements; basis.
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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 pro…
Neb. Rev. Stat. § 54-1807 Purchasers of slaughter livestock; records; contents.
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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 age…
Neb. Rev. Stat. § 54-1808 Violations; penalty.
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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.
Neb. Rev. Stat. § 54-1809 Purchase of slaughter livestock; unlawful acts.
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(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 …
Neb. Rev. Stat. § 54-181 Freeze brand, defined.
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Freeze brand means a mark or brand that is created on a live animal in a depigmentation technique, whereby the pigment-producing cells in the skin of an animal are destroyed by the application of intense cold to the skin area.
Neb. Rev. Stat. § 54-1810 Purchase of slaughter livestock; effect of section.
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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.
Neb. Rev. Stat. § 54-1811 Purchase of slaughter livestock; violations; penalties.
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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.
Neb. Rev. Stat. § 54-182 Investigator, defined.
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Investigator means an employee of the Nebraska Brand Committee who is also a deputy state sheriff and has the duty, responsibility, and authority to enforce all state statutes pertaining to brands, brand inspection, physical inspection, electronic inspection, and associated lives…
Neb. Rev. Stat. § 54-183 Livestock, defined.
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Livestock means any domestic cattle, horses, mules, donkeys, sheep, or swine.
Neb. Rev. Stat. § 54-184 Mark, defined.
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A mark means a physical identification that includes, but is not limited to, visible characteristics on an animal such as a natural, accidental, or manmade blemish that sets apart a particular animal from all others. Such marks include, but are not limited to, hair coloration, sc…
Neb. Rev. Stat. § 54-185 Market agency, defined.
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Market agency means any person engaged in the business of (1) buying or selling in commerce livestock on a commission basis or (2) furnishing stockyard services, meaning services or facilities furnished at a stockyard in connection with the receiving, buying, or selling on a comm…
Neb. Rev. Stat. § 54-186 Open market, defined.
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Open market means a sales barn, market agency, stockyard, packing plant, or terminal market located outside of the brand inspection area or located outside of this state where brand inspection is maintained either by employees of the Nebraska Brand Committee or by some other stat…
Neb. Rev. Stat. § 54-186.01 Out-of-state brand permit, defined.
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Out-of-state brand permit means an authorization for a one-time use of a brand registered with a state other than Nebraska to brand cattle imminently being exported out of Nebraska.
Neb. Rev. Stat. § 54-187 Person, defined.
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Person means any individual, partnership, limited liability company, corporation, association, firm, or agents or servants of an individual or business entity.
Neb. Rev. Stat. § 54-187.01 Physical inspection, defined.
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Physical inspection means an inspection for purposes of the Livestock Brand Act performed by an employee of the Nebraska Brand Committee physically present at the location of the inspected animals to verify ownership through visual observation of brands or other distinguishing ma…
Neb. Rev. Stat. § 54-187.02 Qualified dairy, defined.
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Qualified dairy means a milk production facility with a Grade A milk producer permit or a manufacturing grade milk producer permit pursuant to section 2-3968.
Neb. Rev. Stat. § 54-187.03 Registered dairy heifer development facility, defined.
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Registered dairy heifer development facility means a dairy heifer development facility that is registered under section 54-1,132.
Neb. Rev. Stat. § 54-188 Registered feedlot, defined.
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Registered feedlot means a feedlot registered under section 54-1,120.
Neb. Rev. Stat. § 54-189 Satisfactory evidence of ownership, defined.
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Satisfactory evidence of ownership means any of the following: (1) The brands, tattoos, or marks on the livestock; (2) Any approved nonvisual identifiers; (3) The point of origin of livestock; (4) The physical description of the livestock; (5) Any documentary evidence, including …
Neb. Rev. Stat. § 54-190 Tattoo, defined.
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Tattoo means the conspicuous curvilinear marks or patterns brought about by pricking a pigment coloration into the skin of an animal by using a needle or similar device or the act of marking, coloring, or pricking into the skin of an animal coloring matter or ink which forms an i…
Neb. Rev. Stat. § 54-1901 Act, how cited.
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Sections 54-1901 to 54-1915.02 shall be known and may be cited as the Nebraska Meat and Poultry Inspection Law.
Neb. Rev. Stat. § 54-1902 Terms, defined.
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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 establishe…
Neb. Rev. Stat. § 54-1903 Intent of Nebraska Meat and Poultry Inspection Law.
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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 t…
Neb. Rev. Stat. § 54-1904 License; application; inspection; renewal; fee; suspension; when.
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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 licens…
Neb. Rev. Stat. § 54-1905 Hearings; how conducted; order; appeal.
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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, i…
Neb. Rev. Stat. § 54-1906 Director of Agriculture; rules and regulations; adopt; requirements.
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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…
Neb. Rev. Stat. § 54-1907 Records; contents; access.
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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 p…
Neb. Rev. Stat. § 54-1908 Director of Agriculture; powers.
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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…
Neb. Rev. Stat. § 54-1909 Unlawful acts.
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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 p…
Neb. Rev. Stat. § 54-191 Nebraska Brand Committee; created; members; terms; vacancy; bond or insurance; expenses; purpose.
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(1) The Nebraska Brand Committee is hereby created. (2) This subsection applies until subsection (3) of this section applies. The brand committee shall consist of five members appointed by the Governor, subject to confirmation by the Legislature. At least three appointed members …
Neb. Rev. Stat. § 54-1910 Inspection of products; when completed.
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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.
Neb. Rev. Stat. § 54-1911 Exempted product; adulterated or misbranded; seized by inspector; when.
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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 dire…