reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-7,100 - Livestock certification program; removal from registry; procedure.

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.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-7,101 - Livestock certification program; department; immunity.

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.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-7,102 - Livestock certification program; information; disclosure; when.

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.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-7,103 - Livestock certification program; department; powers.

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.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-7,104 - Livestock; care.

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.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-7,105 - Act, how cited; purpose.

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.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-7,106 - Permit; notification requirements; application; denial; grounds; prohibited acts.

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.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-7,107 - Records; contents; access by department.

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.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-7,108 - Prohibited transfers; certificate of veterinary inspection; duties of exotic animal auction or exchange venue organizer; requirements for certain animals.

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.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-7,109 - Compliance with game laws required.

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.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-850 - Manufacturer or distributor; license required; application; fee; posting; exception; cancellation.

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.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-852 - Commercial feed; label requirements; customer-formula feed; requirements.

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;
(c) Date of manufacture;
(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.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-853 - Misbranded commercial feed, defined.

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.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-855 - Prohibited acts.

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.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-857 - Commercial Feed Administration Cash Fund; created; use; investment.

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.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-858 - Director; adopt rules and regulations; notice to current licensees.

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.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-859 - Enforcement of act; inspections; testing; methods of analysis; results; distribution.

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.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-860 - Violations; order of director or court; seizure of feed.

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.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-861 - Violations; penalty; county attorney; duties; injunction; appeal; trade secret disclosure; penalty.

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.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-862 - Director; cooperate with other entities.

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.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-863 - Annual report; contents.

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.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-902 - Terms, defined.

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.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-903 - Abandonment or cruel neglect; mistreatment; prohibited acts; violation; penalty.

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.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-904 - Indecency with a livestock animal; penalty.

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.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-905 - Court order for reimbursement of expenses; liability for expenses; lien.

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.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-907 - Act; applicability.

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.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-909 - Conviction; court order not to own or possess livestock animal; violation; penalty; seizure of livestock animal.

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.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-910 - Livestock animal health care professional; duty to report suspected criminal activity; immunity from liability.

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.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-911 - Prohibited acts relating to equine; violation; penalty.

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.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-912 - Prohibited acts relating to bovine; violation; penalty.

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.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-1156 - Act, how cited.

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.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-1157 - Declaration of policy.

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).
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-1158 - Terms, defined.

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.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-1159 - Exemptions from act.

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.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-1160.01 - Brand inspection.

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.