Chapter 54 — LIVESTOCK
1,170 sections in this chapter.
Neb. Rev. Stat. § 54-2929 Program disease activity or surveillance, defined.
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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 …
Neb. Rev. Stat. § 54-2930 Program standards, defined.
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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.
Neb. Rev. Stat. § 54-2931 Quarantine, defined.
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Quarantine means a restriction imposed on animal movement, premises, or regulated articles issued by the department.
Neb. Rev. Stat. § 54-2932 Ratite bird, defined.
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Ratite bird means any ostrich, emu, rhea, kiwi, or cassowary.
Neb. Rev. Stat. § 54-2933 Regulated article, defined.
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Regulated article means any item capable of transmitting a dangerous disease including conveyances, equipment, feed, or any other item established by the department.
Neb. Rev. Stat. § 54-2934 Responder or suspect, defined.
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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.
Neb. Rev. Stat. § 54-2935 Sale, defined.
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Sale means a sale, lease, loan, trade, barter, or gift.
Neb. Rev. Stat. § 54-2936 State Veterinarian, defined.
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State Veterinarian means the veterinarian appointed pursuant to section 81-202 or his or her designee, subordinate to the director.
Neb. Rev. Stat. § 54-2937 Trace or tracing, defined.
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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.
Neb. Rev. Stat. § 54-2938 USDA/APHIS/VS, defined.
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USDA/APHIS/VS means the United States Department of Agriculture, Animal and Plant Health Inspection Service, Veterinary Services.
Neb. Rev. Stat. § 54-2939 Legislative findings; department; powers.
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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…
Neb. Rev. Stat. § 54-2940 Animal Health and Disease Control Act and Exotic Animal Auction or Exchange Venue Act; department; powers.
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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 lo…
Neb. Rev. Stat. § 54-2941 Veterinary inspector or agent of the USDA/APHIS/VS; act as agent of the department, when.
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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…
Neb. Rev. Stat. § 54-2942 Department; animal disease control and eradication responsibilities; cooperate and contract; agreements authorized.
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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 al…
Neb. Rev. Stat. § 54-2943 Failure to carry out program disease activities; department powers and duties; costs; reimbursement; late fee; funds; expenditures authorized.
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(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 sha…
Neb. Rev. Stat. § 54-2944 Affected animal, herd, or flock; affected premises; owner or custodian; duties; duty to report
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(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…
Neb. Rev. Stat. § 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.
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(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 fed…
Neb. Rev. Stat. § 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.
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(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 Sta…
Neb. Rev. Stat. § 54-2947 Pre-entry certificate of veterinary inspection; required; exceptions; permits, required when; prohibited acts; department powers.
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(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 regulati…
Neb. Rev. Stat. § 54-2948 Livestock; official identification; compliance with federal regulations; device or method; use; device removal, prohibited; exceptions.
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(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 …
Neb. Rev. Stat. § 54-2949 Premises registration; animal disease traceability; information; restrictions on disclosure; violations; penalty.
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(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 departmen…
Neb. Rev. Stat. § 54-2950 Records or reports; requirements.
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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…
Neb. Rev. Stat. § 54-2951 Vaccine; sale and use restrictions.
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(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 B…
Neb. Rev. Stat. § 54-2952 Waste animal products, defined; feed to animals; unlawful; exceptions.
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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…
Neb. Rev. Stat. § 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.
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(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 …
Neb. Rev. Stat. § 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.
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(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.…
Neb. Rev. Stat. § 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.
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(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…
Neb. Rev. Stat. § 54-2956 Animal Health and Disease Control Act and Exotic Animal Auction or Exchange Venue Act; prohibited acts.
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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 office…
Neb. Rev. Stat. § 54-2957 Animal Health and Disease Control Act Cash Fund; created; use; investment.
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The Animal Health and Disease Control Act Cash Fund is created. The fund shall consist of administrative costs collected and money appropriated or transferred by the Legislature and gifts, grants, costs, or charges received or collected from any source, including federal, state, …
Neb. Rev. Stat. § 54-301 Herd laws; stock grower, cattle drover, defined.
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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.
Neb. Rev. Stat. § 54-302 Driving off another's livestock; penalty.
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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.
Neb. Rev. Stat. § 54-303 Herd laws; actions; proof of ownership.
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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.
Neb. Rev. Stat. § 54-304 Male animal running at large; liability of owner.
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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…
Neb. Rev. Stat. § 54-305 Cattle drover; duty to prevent trespassing animals.
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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 occupie…
Neb. Rev. Stat. § 54-306 Cattle drover; trespassing; penalty; liability for damages.
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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…
Neb. Rev. Stat. § 54-307 Cattle drover; driving off another's livestock; liability.
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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 f…
Neb. Rev. Stat. § 54-308 Cattle drover; mixing of cattle; duty to separate; penalty.
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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…
Neb. Rev. Stat. § 54-309 Cattle or sheep; hides; removal by other than owner; prohibited; exception.
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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 remov…
Neb. Rev. Stat. § 54-310 Herd laws; violations; rewards; authorized.
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The county boards of the several counties may offer and pay rewards for the detection of those violating sections 54-301 to 54-309.
Neb. Rev. Stat. § 54-311 Wells and pitfalls; prohibited acts.
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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…
Repealed. Laws 2003, LB 245, § 19.
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[Repealed or reserved.]
Repealed. Laws 2003, LB 245, § 19.
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[Repealed or reserved.]
Repealed. Laws 2003, LB 245, § 19.
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[Repealed or reserved.]
Neb. Rev. Stat. § 54-315 Wells and pitfalls; violation; penalty.
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Any person who violates section 54-311 shall be guilty of a Class IV misdemeanor.
Neb. Rev. Stat. § 54-401 Estrays, trespassing animals; damages; liability.
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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 divi…
Neb. Rev. Stat. § 54-402 Trespassing animals; damages; lien.
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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 collect…
Neb. Rev. Stat. § 54-403 Trespassing animals; distraint; notice.
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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 …
Neb. Rev. Stat. § 54-404 Trespassing animals; distraint; damages; owner's failure to pay; sale.
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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 damag…
Neb. Rev. Stat. § 54-405 Distraint; arbitrators; number; powers.
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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…
Neb. Rev. Stat. § 54-406 Distraint; arbitration award; enforcement; appeal.
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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 st…