Chapter 54 — LIVESTOCK
1,170 sections in this chapter.
Neb. Rev. Stat. § 54-2422 Inspection and construction and operating permit requirements; exemptions.
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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 hun…
Neb. Rev. Stat. § 54-2423 Animal feeding operation; request inspection; when; fees; department; duties.
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(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 tha…
Neb. Rev. Stat. § 54-2424 Animal feeding operation; operating requirements; when.
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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 a…
Neb. Rev. Stat. § 54-2425 National Pollutant Discharge Elimination System permit; department; duties.
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(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 …
Neb. Rev. Stat. § 54-2426 Applications; contents.
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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 kn…
Neb. Rev. Stat. § 54-2427 Public participation; when.
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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 …
Neb. Rev. Stat. § 54-2428 National Pollutant Discharge Elimination System permit; construction and operating permit; application and modification; fees; Livestock Waste Management Cash Fund; created; use; investment.
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(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 fe…
Neb. Rev. Stat. § 54-2429 National Pollutant Discharge Elimination System permit; construction and operating permit; application; approval from Chief Water Officer; department; powers; applicability of Engineers and Architects Regulation Act.
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(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 not be issued a permit until the applicant has obtained any necessary approvals …
Neb. Rev. Stat. § 54-2430 Surface water runoff; diversion requirements; increase in acreage limitation; conditions.
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(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 op…
Neb. Rev. Stat. § 54-2431 Applications; rejection; when; disciplinary actions; grounds.
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(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 …
Neb. Rev. Stat. § 54-2432 Acts prohibited.
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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,…
Neb. Rev. Stat. § 54-2433 Department; contracts authorized.
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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 res…
Neb. Rev. Stat. § 54-2434 Enforcement of act; legislative intent.
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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.
Neb. Rev. Stat. § 54-2435 Council; rules and regulations.
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(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 restric…
Neb. Rev. Stat. § 54-2436 Reinstatement of operating permit; conditions; fee.
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(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, 2…
Neb. Rev. Stat. § 54-2437 Conditional use permit or special exception; county planning commission or county board; powers.
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(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 perta…
Neb. Rev. Stat. § 54-2438 Major modification; applications; contents.
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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 …
Neb. Rev. Stat. § 54-2501 Act, how cited.
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Sections 54-2501 to 54-2506 shall be known and may be cited as the Controlled Substances Animal Welfare Act.
Neb. Rev. Stat. § 54-2502 Purpose of act.
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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 w…
Neb. Rev. Stat. § 54-2503 Terms, defined.
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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, boa…
Neb. Rev. Stat. § 54-2504 Collaborating veterinarian agreement; required; when; contents.
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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 …
Neb. Rev. Stat. § 54-2505 Liability.
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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 anim…
Neb. Rev. Stat. § 54-2506 Insurance required.
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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 su…
Neb. Rev. Stat. § 54-2601 Act, how cited.
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Sections 54-2601 to 54-2631 shall be known and may be cited as the Competitive Livestock Markets Act.
Neb. Rev. Stat. § 54-2602 Terms, defined.
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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 accor…
Repealed. Laws 2016, LB176, § 7.
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[Repealed or reserved.]
Neb. Rev. Stat. § 54-2604 Packers; acts prohibited.
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(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…
Neb. Rev. Stat. § 54-2604.01 Swine production contract; contents; cancellation; procedure; violations; Attorney General; duties; fine; Department of Agriculture; rules and regulations.
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(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 c…
Neb. Rev. Stat. § 54-2605 Violations by packer; enforcement; penalty.
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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 s…
Neb. Rev. Stat. § 54-2606 Packer violation; proceeds of livestock sale; fines; distribution.
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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 …
Neb. Rev. Stat. § 54-2607 Sales of swine; packers; prohibited acts.
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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 o…
Neb. Rev. Stat. § 54-2608 Sales of swine; authorized; when.
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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 r…
Neb. Rev. Stat. § 54-2609 Sales of swine; contracts allowed; conditions.
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Section 54-2607 does not apply to any contract to purchase swine at a certain date or time 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 quantif…
Neb. Rev. Stat. § 54-2610 Sales of swine; contract voidable by seller.
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Any contract made by a packer in violation of section 54-2607 is voidable by the seller.
Neb. Rev. Stat. § 54-2611 Sales of swine; recovery of damages.
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A seller may bring an action against any packer violating section 54-2607 to recover damages sustained by reason of such violation.
Neb. Rev. Stat. § 54-2612 Sales of swine; violation; penalty.
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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.
Neb. Rev. Stat. § 54-2613 Sales of swine; packer; reporting requirements.
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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 dir…
Neb. Rev. Stat. § 54-2614 Sales of swine; reports available to public; department; duty.
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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.
Neb. Rev. Stat. § 54-2615 Sales of swine; packer; failure to make reports; false information; penalties.
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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 infor…
Neb. Rev. Stat. § 54-2616 Sales of swine; enforcement of provisions; restraining order.
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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…
Neb. Rev. Stat. § 54-2617 Sales of cattle; packer; prohibited acts.
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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.
Neb. Rev. Stat. § 54-2618 Sales of cattle; contracts allowed; conditions.
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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…
Neb. Rev. Stat. § 54-2619 Sales of cattle; pricing mechanisms; restrictions.
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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.
Neb. Rev. Stat. § 54-2620 Sales of cattle; contract voidable by seller.
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Any contract to purchase cattle for slaughter that is in violation of section 54-2617 or 54-2619 is voidable by the seller.
Neb. Rev. Stat. § 54-2621 Sales of cattle; recovery of damages.
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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.
Neb. Rev. Stat. § 54-2622 Sales of cattle; violation; penalty.
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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.
Neb. Rev. Stat. § 54-2623 Sales of cattle; packer; reporting requirements.
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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 d…
Neb. Rev. Stat. § 54-2624 Sales of cattle; reports available to public; department; duty.
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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.
Neb. Rev. Stat. § 54-2625 Sales of cattle; packer; failure to make reports; false information; penalties.
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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 infor…
Neb. Rev. Stat. § 54-2626 Sales of cattle; enforcement of provisions; restraining order.
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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…