reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-1161 - License required; application for license; contents.

54-1161.
License required; application for license; contents.
No person shall conduct or operate a livestock auction market unless he or she holds a market license therefor, upon which the current annual market license fee has been paid. Any person making application for a new market license shall do so to the director in writing, verified by the applicant, on a form prescribed by the department, showing the following:
(1) The name and address of the applicant with a statement of the names and addresses of all persons having any financial interest in the applicant and the amount of such interest;
(2) Financial responsibility of the applicant in the form of a statement of all assets and liabilities;
(3) A legal description of the property and its exact location with a complete description of the facilities proposed to be used in connection with such livestock auction market;
(4) The schedule of charges an applicant proposes for all services proposed to be rendered; and
(5) A detailed statement of the facts upon which the applicant relies showing the general confines of the trade area proposed to be served by such livestock auction market, the benefits to be derived by the livestock industry, and the services proposed to be rendered.
Such application shall be accompanied by the annual fee as prescribed in section 54-1165.
Source
Laws 1963, c. 319, § 5, p. 964;
Laws 1997, LB 752, § 134;
Laws 2013, LB78, § 2;
Laws 2014, LB884, § 24.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-1162 - Hearing; notice.

54-1162.
Hearing; notice.
Upon the filing of the application as provided in section 54-1161, the director shall fix a reasonable time for the hearing at a place designated by him or her at which time a hearing shall be held on the proposed location of the livestock auction market. The director forthwith shall cause a copy of such application, together with notice of the time and place of hearing, to be served by mail not less than fifteen days prior to such hearing, upon the following:
(1) All duly organized statewide livestock associations in the state who have filed written requests with the department to receive notice of such hearings and such other livestock associations as in the opinion of the director would be interested in such application; and
(2) All livestock auction market operators in the state.
The director shall give further notice of such hearing by publication of the notice thereof once in a daily or weekly newspaper circulated in the city or village where such hearing is to be held, as in the opinion of the director will give reasonable public notice of such time and place of hearing to persons interested therein.
Source
Laws 1963, c. 319, § 6, p. 964;
Laws 2001, LB 197, § 10;
Laws 2013, LB78, § 3.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-1163 - Hearing; determination; factors; issuance of license.

54-1163.
Hearing; determination; factors; issuance of license.
The hearing required by section 54-1162 shall be heard by the director. If the director determines, after such hearing, that the proposed livestock auction market would beneficially serve the livestock economy, the department shall issue a market license to the applicant. In determining whether or not the application should be granted or denied, reasonable consideration shall be given to:
(1) The ability of the applicant to comply with the federal Packers and Stockyards Act, 1921, 7 U.S.C. 181 et seq., as amended;
(2) The financial stability, business integrity, and fiduciary responsibility of the applicant;
(3) The adequacy of the facilities described to permit the performance of market services proposed in the application;
(4) The present needs for market services or additional services as expressed by livestock growers and feeders in the community; and
(5) Whether the proposed livestock auction market would be permanent and continuous.
Source
Laws 1963, c. 319, § 7, p. 965;
Laws 1999, LB 778, § 66;
Laws 2013, LB78, § 4;
Laws 2014, LB884, § 25.
Annotations
Determination of Livestock Auction Board that license should be issued will not be disturbed if there is any evidence to support it. Midwest L. C. Co. v. Tri-State L. C. Co., 182 Neb. 41, 151 N.W.2d 908 (1967).
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-1165 - License fee; payments; disposition.

54-1165.
License fee; payments; disposition.
Every livestock auction market operator shall pay annually, on or before August 1, a market license fee of one hundred fifty dollars to the department for each livestock auction market operated by him or her, which payment shall constitute a renewal for one year. Fees so paid shall be remitted to the State Treasurer for credit to the Livestock Auction Market Fund for the expenses of administration of the Livestock Auction Market Act.
Source
Laws 1963, c. 319, § 9, p. 966;
Laws 1983, LB 617, § 9;
Laws 1999, LB 778, § 67;
Laws 2001, LB 197, § 11;
Laws 2013, LB78, § 5.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-1166 - Livestock auction markets; license personal to holder; transfer; posting; termination.

54-1166.
Livestock auction markets; license personal to holder; transfer; posting; termination.
Except as otherwise provided in this section, each market license shall be personal to the holder and the facilities covered thereby and transferable without a hearing. The original or a certified copy of such license shall be posted during sale periods in a conspicuous place on the premises where the livestock auction market is conducted. The market license covering any livestock auction market which does not hold a sale for a period of one year shall terminate automatically one year from the date of the last sale conducted by the livestock auction market, and the license holder whose license is so terminated may request a hearing by filing a written request for such hearing within twenty days after the termination of the license.
Source
Laws 1963, c. 319, § 10, p. 966;
Laws 1985, LB 97, § 2;
Laws 2014, LB884, § 26.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-1168 - Records required; available for inspection.

54-1168.
Records required; available for inspection.
Every market license holder under the Livestock Auction Market Act shall keep an accurate record of all transactions conducted in the ordinary course of his or her business. Such records shall be available for examination of the director, or his or her duly authorized representative, in respect to a market license issued under such act.
Source
Laws 1963, c. 319, § 12, p. 966;
Laws 1999, LB 778, § 68;
Laws 2001, LB 197, § 12;
Laws 2013, LB78, § 6.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-1169 - Department; complaint; notice of hearing; process; hearings; findings; suspension or revocation of license.

54-1169.
Department; complaint; notice of hearing; process; hearings; findings; suspension or revocation of license.
(1) The department may, upon its own motion, whenever it has reason to believe the Livestock Auction Market Act has been violated, or upon verified complaint of any person in writing, investigate the actions of any market license holder, and if the department finds probable cause to do so, shall file a complaint against the market license holder which shall be set down for hearing before the director upon fifteen days' notice served upon such market license holder either by personal service upon him or her or by registered or certified mail prior to such hearing.
(2) The director shall have the power to administer oaths, certify to all official acts, and subpoena any person in this state as a witness, to compel the producing of books and papers, and to take the testimony of any person on deposition in the same manner as is prescribed by law in the procedure before the courts of this state in civil cases. Processes issued by the director shall extend to all parts of the state and may be served by any person authorized to serve processes. Each witness who shall appear by the order of the director at any hearing shall receive for such attendance the same fees allowed by law to witnesses in civil cases appearing in the district court and mileage at the same rate provided in section 81-1176, which amount shall be paid by the party at whose request such witness is subpoenaed. When any witness has not been required to attend at the request of any party, but has been subpoenaed by the director, his or her fees and mileage shall be paid by the director in the same manner as other expenses are paid under the Livestock Auction Market Act.
(3) All powers of the director as provided in this section shall likewise be applicable to hearings held on applications for the issuance of a market license.
(4) Formal finding by the director after due hearing that any market license holder (a) has ceased to conduct a livestock auction market business, (b) has been guilty of fraud or misrepresentation as to the titles, charges, number, brands, weights, proceeds of sale, or ownership of livestock, (c) has violated any of the provisions of the Livestock Auction Market Act, or (d) has violated any of the rules or regulations adopted and promulgated under the act, shall be sufficient cause for the suspension or revocation of the market license of the offending livestock auction market operator.
Source
Laws 1963, c. 319, § 13, p. 966;
Laws 1981, LB 204, § 95;
Laws 1999, LB 778, § 69;
Laws 2001, LB 197, § 13;
Laws 2013, LB78, § 7;
Laws 2014, LB884, § 27.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-1170 - Director; audio recording; appeal; procedure.

54-1170.
Director; audio recording; appeal; procedure.
The director shall keep an audio recording of all proceedings and evidence presented in any hearing under the Livestock Auction Market Act. The applicant for a market license, any protestant formally appearing in the hearing for such market license, the holder of any market license suspended or revoked, or any party to a transfer application may appeal the order, and the appeal shall be in accordance with the Administrative Procedure Act.
Source
Laws 1963, c. 319, § 14, p. 968;
Laws 1988, LB 352, § 95;
Laws 2013, LB78, § 8;
Laws 2014, LB884, § 28.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-1171 - Violations; penalties; injunction.

54-1171.
Violations; penalties; injunction.
Any person who violates any provision or requirements of the Livestock Auction Market Act is guilty of a Class II misdemeanor. Each day any person operates or conducts a livestock auction market in this state without a license as prescribed in such act is considered a separate offense. The director may institute proceedings to enjoin the operation of a livestock auction market if the person sought to be enjoined is operating a livestock auction market without a market license in good standing as provided in such act.
Source
Laws 1963, c. 319, § 15, p. 969;
Laws 1977, LB 39, § 35;
Laws 1999, LB 778, § 70;
Laws 2001, LB 197, § 14.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-1172 - Livestock Auction Market Fund; creation; use; investment.

54-1172.
Livestock Auction Market Fund; creation; use; investment.
Salaries and expenses of employees, costs of hearings, and all other costs of administration of the Livestock Auction Market Act shall be paid from the Livestock Auction Market Fund which is hereby created. Any money in the Livestock Auction Market Fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.
Source
Laws 1963, c. 319, § 16, p. 969;
Laws 1999, LB 778, § 71;
Laws 2001, LB 197, § 15;
Laws 2013, LB78, § 9.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-1173 - Livestock Auction Market Fund; license and permit fees; occupation tax; use.

54-1173.
Livestock Auction Market Fund; license and permit fees; occupation tax; use.
The license and permit fees collected as provided by the Livestock Auction Market Act are an occupation tax and shall be remitted to the State Treasurer for credit to the Livestock Auction Market Fund. All money so collected shall be appropriated to the uses of the Department of Agriculture for the purpose of administering such act and shall be paid out only on vouchers approved by the director and upon the warrant or warrants issued by the Director of Administrative Services. Any unexpended balance in such fund at the close of any biennium shall, when reappropriated, be available for the uses and purposes of the fund for the succeeding biennium.
Source
Laws 1963, c. 319, § 17, p. 969;
Laws 1969, c. 584, § 54, p. 2379;
Laws 1995, LB 7, § 58;
Laws 1999, LB 778, § 72;
Laws 2001, LB 197, § 16;
Laws 2014, LB884, § 29.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-1180 - Inspection of livestock; duties; fees; use; disposition; notice of change.

54-1180.
Inspection of livestock; duties; fees; use; disposition; notice of change.
All cattle, calves, swine, sheep, and goats, upon entering a livestock auction market, shall be inspected for health before being offered for sale. Such inspection shall be made by a designated veterinarian. The fees for such inspection shall be established by rules and regulations of the department and shall be collected by the operator of the livestock auction market. Such fees shall be used to pay the fees of necessary inspections and for no other purpose and shall be remitted as may be provided by regulation. The fees shall be remitted to the State Treasurer for credit to the Livestock Auction Market Fund and shall be expended exclusively to pay the fees of providing necessary inspections at the livestock auction market which has remitted such fees. Each designated veterinarian making market inspections shall be paid twenty-five dollars for each regularly scheduled sale day in each calendar month as a guaranteed minimum salary for providing adequate inspection services. If the fees collected each calendar month by the market operator do not equal such amount, the market operator shall make up the difference in his or her remittance to the state. The rules and regulations establishing fees for such inspection shall not be adopted, amended, or repealed until after notice by mail to each market licensee and designated veterinarian of the time and place of hearing on the question of adoption, amendment, or repeal of such rules and regulations; such notice shall be mailed at least ten days prior to the date of hearing and shall be sufficient if addressed to the last-known address of each market licensee and designated veterinarian shown on the records of the department.
Source
Laws 1963, c. 319, § 24, p. 971;
Laws 1965, c. 334, § 5, p. 956;
Laws 1969, c. 454, § 1, p. 1543;
Laws 2001, LB 197, § 20;
Laws 2014, LB884, § 30.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-1181 - Veterinarians; agreement for services; contents; compensation; liability.

54-1181.
Veterinarians; agreement for services; contents; compensation; liability.
The State Veterinarian shall make the designation of the veterinarians required by sections 54-1180 and 54-1182 by entering into an agreement with any accredited veterinarian for his or her professional services in performing necessary inspections. Such agreement shall provide that the State Veterinarian may terminate it at any time for what he or she deems to be just cause and shall further provide that the state pay such veterinarian a fee as established by section 54-1180, which amount shall be paid monthly from the Livestock Auction Market Fund. Such agreement shall make the designated veterinarian an agent for the Department of Agriculture to perform the duties assigned by sections 54-1180 and 54-1182, and the rules and regulations prescribed by the department, but shall not be deemed to make the designated veterinarian an officer or employee of the state. The orders of such designated veterinarian, issued in the performance of the duties assigned under sections 54-1180 and 54-1182 and the rules and regulations prescribed by the department, shall have the same force and effect as though such order had been made by the State Veterinarian. Designated veterinarians shall not be liable for reasonable acts performed to carry out the duties as set forth in sections 54-1180 and 54-1182 and the rules and regulations prescribed by the department pursuant to such sections.
Source
Laws 1963, c. 319, § 25, p. 971;
Laws 1965, c. 334, § 6, p. 957;
Laws 1969, c. 454, § 2, p. 1544;
Laws 2001, LB 197, § 21;
Laws 2014, LB884, § 31.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-1181.01 - Violations; penalty.

54-1181.01.
Violations; penalty.
Any person engaging in livestock commerce at a licensed livestock auction market who violates any provision of sections 54-1180 and 54-1181, or any rules or regulations duly promulgated thereunder, shall be guilty of a Class II misdemeanor.
Source
Laws 1969, c. 454, § 3, p. 1545;
Laws 1977, LB 39, § 36.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-1182 - Livestock sold; treatment by veterinarians; release; documentation; rules and regulations.

54-1182.
Livestock sold; treatment by veterinarians; release; documentation; rules and regulations.
Any livestock sold or disposed of at a livestock auction market, before removal therefrom, shall be released by the designated veterinarian and treated to conform with the health requirements of the rules and regulations prescribed by the department for the movement of livestock. When required, the designated veterinarian shall furnish each owner with documentation showing such inspection, treatment, or quarantine. No such livestock for interstate or intrastate shipment shall be released until all the requirements of the state of its destination have been complied with. Any diseased or exposed livestock shall be handled in accordance with the rules and regulations as prescribed by the department.
Source
Laws 1963, c. 319, § 26, p. 972;
Laws 1965, c. 334, § 7, p. 957;
Laws 1999, LB 778, § 75;
Laws 2001, LB 197, § 22;
Laws 2003, LB 160, § 8;
Laws 2014, LB884, § 32.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-1371 - Brucellosis Control Cash Fund; created; use; investment; termination date.

54-1371.
Brucellosis Control Cash Fund; created; use; investment; termination date.
The Brucellosis Control Cash Fund is hereby created. Expenditures from the fund may be made to conduct brucellosis testing under the Nebraska Bovine Brucellosis Act. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act. The fund terminates on November 14, 2020, and the State Treasurer shall transfer any money in the fund on such date to the Animal Health and Disease Control Cash Fund.
Source
Laws 1983, LB 573, § 5;
Laws 1995, LB 7, § 59;
Laws 2016, LB909, § 6;
Laws 2020, LB344, § 74.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-1601 - SPF, defined.

54-1601.
SPF, defined.
As used in sections 54-1601 to 54-1605, unless the context otherwise requires, SPF shall mean specific pathogen-free swine, which must conform to the conditions and health standards prescribed by the University of Nebraska Institute of Agriculture and Natural Resources or its designated agents under such sections.
Source
Laws 1967, c. 338, § 1, p. 905;
Laws 1991, LB 663, § 37.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-1602 - SPF Accredited; advertisement; subject to sections.

54-1602.
SPF Accredited; advertisement; subject to sections.
Every person, partnership, limited liability company, firm, association, or corporation which issues, uses, or circulates any certificate, advertisement, tag, seal, poster, letterhead, marking, circular, or written or printed representation or description of or pertaining to SPF swine intended for propagation or sale or sold or offered for sale in which the words SPF Accredited, Nebraska SPF Accredited, or similar words or phrases are used or employed or in which are used or employed signs, symbols, maps, diagrams, pictures, words, or phrases expressly or impliedly stating or representing that such SPF swine comply with or conform to the standards or requirements recommended or approved by the University of Nebraska Institute of Agriculture and Natural Resources or by any legal entity or organization designated by such institute shall be subject to the provisions of sections 54-1601 to 54-1605.
Source
Laws 1967, c. 338, § 2, p. 905;
Laws 1969, c. 457, § 1, p. 1552;
Laws 1991, LB 663, § 38;
Laws 1993, LB 121, § 343.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-1603 - University of Nebraska Institute of Agriculture and Natural Resources; accreditation.

54-1603.
University of Nebraska Institute of Agriculture and Natural Resources; accreditation.
Every person, firm, partnership, limited liability company, association, or corporation subject to the provisions of sections 54-1601 to 54-1605 shall observe, perform, and comply with all rules, regulations, and requirements fixed, established, or specified by the University of Nebraska Institute of Agriculture and Natural Resources or its designated agents as to what SPF swine raised or to be raised in Nebraska shall be eligible for accreditation as provided by such sections as to standards, requirements, and forms of and for accreditation under such sections. No accreditation within the provisions of such sections shall be made or authorized except by or through the institute or its designated agents.
Source
Laws 1967, c. 338, § 3, p. 906;
Laws 1991, LB 663, § 39;
Laws 1994, LB 884, § 71.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-1604 - University of Nebraska Institute of Agriculture and Natural Resources; accreditation; withhold.

54-1604.
University of Nebraska Institute of Agriculture and Natural Resources; accreditation; withhold.
The University of Nebraska Institute of Agriculture and Natural Resources or its designated agency may withhold Nebraska SPF accreditation from any producer of SPF swine who is engaged in or attempting to engage in any dishonest practice for the purpose of evading the provisions of sections 54-1601 to 54-1605, including standards, rules, and regulations approved by the institute to cover accreditation.
Source
Laws 1967, c. 338, § 4, p. 906;
Laws 1991, LB 663, § 40.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-1605 - Violations; penalty.

54-1605.
Violations; penalty.
It shall be unlawful for any person, partnership, limited liability company, firm, association, or corporation to issue, make, use, or circulate any accreditation without the authority and approval of the University of Nebraska Institute of Agriculture and Natural Resources or its duly authorized agency. Every person, partnership, limited liability company, firm, association, or corporation who violates any of the provisions of sections 54-1601 to 54-1605 pertaining to accreditation shall be guilty of a Class IV misdemeanor.
Source
Laws 1967, c. 338, § 5, p. 906;
Laws 1977, LB 39, § 45;
Laws 1991, LB 663, § 41;
Laws 1993, LB 121, § 344.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-1701 - Public policy.

54-1701.
Public policy.
Sections 54-1701 to 54-1711 shall be deemed an exercise of the police powers of the State of Nebraska for the protection of the agricultural public to facilitate the control and prevention of diseases in domestic animals by requiring compliance with the laws of this state enacted for that purpose together with such regulations as may have been or may be made pursuant thereto. It is, therefor, declared to be the public policy of this state that all dealers as defined in sections 54-1701 to 54-1711 shall be subject to sections 54-1701 to 54-1711, and that all the provisions of sections 54-1701 to 54-1711 shall be liberally construed for the accomplishment of this purpose.
Source
Laws 1969, c. 447, § 1, p. 1493.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-1703 - Terms, defined.

54-1703.
Terms, defined.
As used in sections 54-1701 to 54-1711, unless the context otherwise requires:
(1) Department shall mean the Department of Agriculture;
(2) Director shall mean the Director of Agriculture;
(3) State Veterinarian shall mean the person officially appointed to this position by the director;
(4) Livestock shall mean cattle, sheep, and swine;
(5) Livestock dealer shall mean any person, partnership, limited liability company, association, or corporation who is engaged in the business of buying or selling livestock for the purpose of resale within this state either for his or her own account or as the employee or agent of the seller or purchaser, except an agent or employee who buys and sells exclusively for the account of a licensed dealer. Livestock dealer shall also include those who buy or sell from a concentration point. Livestock dealer shall not include a person or persons engaged in a farm or ranch operation who purchases livestock for utilization of same as an integral part of the livestock and livestock product production of his or her farm or ranch operation or purebred sales held by the breed registry associations or the purchase or sale of livestock primarily used for research, experimentation, exhibition, or entertainment purposes, including sales by the Future Farmers of America or 4-H groups; and
(6) Concentration point shall mean any place of business where livestock is assembled for resale.
Source
Laws 1969, c. 447, § 3, p. 1493;
Laws 1972, LB 1361, § 1;
Laws 1993, LB 121, § 345.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-1705 - State Veterinarian; powers.

54-1705.
State Veterinarian; powers.
The State Veterinarian shall have the power to:
(1) Enter premises and buildings occupied by a licensee at any reasonable time to examine books and records maintained by the licensee;
(2) Require, by general or special order, livestock dealers to file with the State Veterinarian, in such forms as he may prescribe, regular or special reports or answers, in writing to specific questions, for the purpose of furnishing information concerning livestock movement and animal disease control. Such reports may be required to be made under oath and filed within a reasonable time;
(3) Defer the granting of a license as required by sections 54-1701 to 54-1711 or suspend or revoke any such license already issued if licensee has violated the laws or regulations of this state pertaining to disease control and eradication or has knowingly committed or participated in the violation of an order or quarantine or other disciplinary order issued by the department;
Provided,
that before any license is suspended or revoked under this section, the licensee or applicant shall be furnished with a copy of the charges made against him and upon request of the licensee a hearing shall be had before the director or his designate; and
(4) Defer the granting of a license as required by sections 54-1701 to 54-1711 or suspend or revoke any such license already issued if the licensee has failed to pay the person or persons entitled thereto the purchase price of all livestock purchased for his own account or for the accounts of others;
Provided,
that before any license is suspended or revoked under this section, the licensee or applicant shall be furnished with a copy of the charges made against him and upon request of the licensee a hearing shall be had before the director or his designate.
Source
Laws 1969, c. 447, § 5, p. 1495;
Laws 1972, LB 1361, § 3.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-1706 - Violations; order to appear; notice; hearing; appeal.

54-1706.
Violations; order to appear; notice; hearing; appeal.
(1) Whenever the director or the State Veterinarian has reason to believe that any person has violated any of the provisions of the Nebraska Livestock Dealer Licensing Act or any rules or regulations adopted and promulgated under the act, an order may be entered requiring such person to appear before the director and show cause why an order should not be entered requiring such person to cease and desist from the violations charged. Such order shall set forth the alleged violations, fix the time and place of the hearing, and provide for notice thereof which shall be given not less than twenty days before the date of such hearing. After a hearing, or if the person charged with such violation fails to appear at the time of such hearing, if the director finds such person to be in violation, he or she shall enter an order requiring such person to cease and desist from the specific acts, practices, or omissions.
(2) Any person aggrieved by any order entered by the director or other action of the director may appeal the order or action, and the appeal shall be in accordance with the Administrative Procedure Act.
Source
Laws 1969, c. 447, § 6, p. 1495;
Laws 1988, LB 352, § 96.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-1707 - Hearings; procedure; order; appeal.

54-1707.
Hearings; procedure; order; appeal.
(1) Hearings shall be conducted by the director or by a hearing officer designated by him or her. Provision shall be made to insure that any such hearing officer other than the director shall not have participated in the performance of investigative or prosecuting functions in the case to which he or she is assigned. The hearing shall be conducted in an impartial manner by the hearing officer who may administer oaths, rule upon offers of proof and objections, and take such other action as may be necessary. He or she shall not be bound by formal rules of evidence as observed in courts of law but shall exclude irrelevant, immaterial, or unduly repetitious evidence. The burden of proof and of proceeding with the evidence shall be on the department, and every party shall have the right to compulsory process, to representation by counsel of his or her own choosing, and to cross-examination of and confrontation by witnesses against him or her.
(2) Whenever any hearing is conducted by any person other than the director, the person conducting the same shall render a recommended decision with appropriate proposed findings and orders disposing of all the relevant matters of fact and law involved in the proceeding. Thereafter the case may be remanded to the person or persons who conducted the hearing with such instructions as the director may deem appropriate, or the director himself or herself may perform such function and may conduct a new or supplemental hearing. The director may dispense with a recommended decision and proceed to the rendering of his or her final order thereon with appropriate findings of fact on the basis of the entire record as certified to him or her by the person conducting the hearing. Prior to each recommended and each final decision, the parties shall be afforded an opportunity to submit proposed findings, briefs, and arguments as the director may deem appropriate.
(3) Any person aggrieved by any order entered by the director or other action taken by the department may appeal the order or action, and the appeal shall be in accordance with the Administrative Procedure Act.
Source
Laws 1969, c. 447, § 7, p. 1496;
Laws 1988, LB 352, § 97.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-1708 - State Veterinarian; rules and regulations; adopt; inspections; fees.

54-1708.
State Veterinarian; rules and regulations; adopt; inspections; fees.
(1) The State Veterinarian shall, subject to the approval of the director, adopt rules and regulations necessary to carry out the purposes, provisions, and intent of sections 54-1701 to 54-1711.
(2) The State Veterinarian shall make the designation of the veterinarian required by the provisions of sections 54-1701 to 54-1711 by entering into an agreement with any duly licensed veterinarian for his or her professional services in performing necessary inspections. Such agreement shall provide that the State Veterinarian may terminate it at any time for what he or she deems to be just cause. Such contract shall make the veterinarian an agent for the Department of Agriculture to perform the duties assigned by sections 54-1701 to 54-1711 and the rules and regulations prescribed by the State Veterinarian, but shall not be deemed to make the veterinarian an officer or employee of the state. The orders of such veterinarian, issued in the performance of the duties assigned him or her by sections 54-1701 to 54-1711 and the rules and regulations prescribed by the State Veterinarian shall have the same force and effect as though such order had been made by the State Veterinarian. Veterinarians, designated in accordance with the requirements of this section, shall not be liable for reasonable acts performed to carry out the duties as set forth in sections 54-1701 to 54-1711 and the rules and regulations prescribed by the State Veterinarian.
(3) Fees for such inspection and release shall be paid by the licensee.
Source
Laws 1969, c. 447, § 8, p. 1497;
Laws 1980, LB 631, § 5.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-1709 - Licensed dealer; records; contents; access.

54-1709.
Licensed dealer; records; contents; access.
Every dealer required to be licensed under the provisions of sections 54-1701 to 54-1711 shall keep such records and accounts as shall fully and correctly disclose all purchases, sales or transfers involving livestock transactions consummated in connection with his business. The records pertaining to such business shall also disclose the true ownership of such business by stockholders or otherwise and shall contain such information as the director or State Veterinarian may prescribe including the manner in which such records shall be kept. Every licensee shall, during all reasonable times, permit authorized employees and agents of the department to have access to and to copy any or all records relating to his business.
Source
Laws 1969, c. 447, § 9, p. 1498.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-1710 - Facility; standards; State Veterinarian; prescribe; concentration points; inspection; approval.

54-1710.
Facility; standards; State Veterinarian; prescribe; concentration points; inspection; approval.
Livestock moving in commerce handled by dealers covered by the provisions of sections 54-1701 to 54-1711 and held at a facility shall be held at a facility conforming to standards prescribed by regulation by the State Veterinarian, and in no case shall the standards be less than the standards prescribed for livestock auction markets. Such facility shall not be used unless it has been approved by the State Veterinarian.
Livestock moving into a concentration point shall not be removed from the premises until such livestock has been inspected and released by the approved veterinarian. No livestock shall be released from a concentration point until all the requirements of the State of Nebraska or the state of destination, whichever applies, shall have been met.
Source
Laws 1969, c. 447, § 10, p. 1498.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-1711 - Violations; penalty.

54-1711.
Violations; penalty.
Any livestock dealer who violates any of the provisions of sections 54-1701 to 54-1711 or any rule or regulation promulgated thereunder, or any order of the department after such order has become final or upon termination of any review proceeding where the order has been sustained by a court of law, shall be guilty of a Class III misdemeanor. Each day of continued violation shall constitute a separate offense.
Source
Laws 1969, c. 447, § 11, p. 1498;
Laws 1977, LB 39, § 46.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-1802 - Terms, defined.

54-1802.
Terms, defined.
For purposes of the Nebraska Livestock Sellers Protective Act, unless the context otherwise requires:
(1) Director shall mean the Director of Agriculture;
(2) Slaughter livestock shall mean cattle, sheep, and swine produced or fed in this state and destined for immediate slaughter;
(3) Purchaser shall mean any person, firm, corporation, or association engaged in the purchase of slaughter livestock in excess of five hundred animal units per year based upon two hundred sixty slaughtering days;
(4) Animal unit shall consist of one head of cattle, or three calves, under four hundred fifty pounds, or five hogs, or ten sheep or lambs;
(5) Insolvent shall mean that a person either has ceased to pay his or her debts in the ordinary course of business or cannot pay his or her debts as they become due or is insolvent within the meaning of the Federal Bankruptcy Act;
(6) Person shall include individuals, firms, associations, limited liability companies, or corporations or employees, officers, or limited liability company members thereof; and
(7) Purchase of livestock for slaughter shall mean the purchase of livestock for immediate use in manufacturing or preparing meat or meat food products.
Source
Laws 1969, c. 448, § 2, p. 1499;
Laws 1994, LB 884, § 72.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-1803 - Purchasing slaughter livestock; unlawful acts.

54-1803.
Purchasing slaughter livestock; unlawful acts.
After December 25, 1969, it shall be unlawful for any person engaged in the business of purchasing slaughter livestock to:
(1) Purchase slaughter livestock when insolvent; or
(2) Neglect, before the close of the next business day following the purchase of slaughter livestock or within twenty-four hours following the determination of the purchase price, whichever may occur last, to remit to the seller or his representative the full amount of the purchase cost;
Provided,
that this section does not require payment in lieu of an express agreement to the contrary.
Source
Laws 1969, c. 448, § 3, p. 1500.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-1804 - Slaughter livestock; purchaser; requirements.

54-1804.
Slaughter livestock; purchaser; requirements.
Any purchaser who buys slaughter livestock other than through a selling agent who is bonded or otherwise secured to assure payment as required by the United States Packers and Stockyards Act (7 U.S.C. 181) and the rules and regulations promulgated thereunder, shall be required to register with the director, and shall provide assurance of his financial ability to faithfully and promptly account for and pay to the seller or his designated representative, the total proceeds from the sale of slaughter livestock in accordance with the requirements which the director may establish by rule and regulation in accordance with the Administrative Procedure Act.
Source
Laws 1969, c. 448, § 4, p. 1500.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-1805 - Director of Agriculture; violations; restraining order; appointment of receiver; Attorney General, county attorney; duties.

54-1805.
Director of Agriculture; violations; restraining order; appointment of receiver; Attorney General, county attorney; duties.
Whenever the director has reason to believe that the purchase of livestock for slaughter by a purchaser is causing or may reasonably be expected to result in a failure by the purchaser to fulfill obligations incurred in the purchase of livestock for slaughter or in the event of a violation of any of the provisions of sections 54-1801 to 54-1808 or the rules and regulations duly promulgated thereunder, the director may apply for a temporary or permanent injunction restraining any purchaser from purchasing slaughter livestock or violating or continuing to violate any of the provisions of sections 54-1801 to 54-1808 or any rule or regulation promulgated under sections 54-1801 to 54-1808, notwithstanding the existence of other remedies at law. For good cause shown, the district court may appoint the director or the director's designee to serve as a receiver for the purchaser for the protection of the sellers of slaughter livestock to the purchaser. It shall be the duty of each county attorney or the Attorney General to whom the director reports any violation to cause appropriate proceedings to be instituted in the proper courts without delay and to be prosecuted in the manner required by law.
Source
Laws 1969, c. 448, § 5, p. 1500;
Laws 1984, LB 824, § 1.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-1806 - Director of Agriculture; reciprocal agreements; basis.

54-1806.
Director of Agriculture; reciprocal agreements; basis.
The director shall have the power and authority to enter into reciprocal agreements with the duly authorized representatives of other jurisdictions, federal or state, for the exchange of information and audit reports on a cooperative basis which may assist the director in the proper administration of sections 54-1801 to 54-1808.
Source
Laws 1969, c. 448, § 6, p. 1501.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-1807 - Purchasers of slaughter livestock; records; contents.

54-1807.
Purchasers of slaughter livestock; records; contents.
All purchasers of slaughter livestock shall keep accurate records of all transactions conducted in the ordinary course of their business. Such records shall be available for examination and audit by the director or his duly authorized agent;
Provided,
that the director or his agent shall not divulge or make known in any manner, except in hearings before a court of law, any facts or information regarding the purchaser which may be obtained by reason of such examination or audit of the records and transactions of the purchaser.
Source
Laws 1969, c. 448, § 7, p. 1501.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-1808 - Violations; penalty.

54-1808.
Violations; penalty.
Any person violating any provision of sections 54-1801 to 54-1808 shall be guilty of a Class IV felony and shall be liable in double damages to any party injured thereby.
Source
Laws 1969, c. 448, § 8, p. 1501;
Laws 1977, LB 39, § 47.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-1809 - Purchase of slaughter livestock; unlawful acts.

54-1809.
Purchase of slaughter livestock; unlawful acts.
(1) It shall be unlawful to purchase slaughter livestock for other than cash or by negotiable instrument drawn upon a banking institution located within the same federal reserve district in which the purchaser's slaughter establishment is situated. This section shall not require payment in cash or by negotiable instrument in lieu of an express agreement in writing to the contrary.
(2) It shall be unlawful for a purchaser to engage in business in such a way that the purchaser causes accounts receivable to be paid directly to an out-of-state depository not under the control of the purchaser rather than directly to the purchaser if such business practice circumvents the rights of the seller.
Source
Laws 1975, LB 436, § 1;
Laws 1984, LB 824, § 2.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-1810 - Purchase of slaughter livestock; effect of section.

54-1810.
Purchase of slaughter livestock; effect of section.
Nothing in section 54-1809 shall be considered a limitation placed upon any purchaser of slaughter livestock to conduct business or other financial affairs or place accounts with any other financial institutions outside the state.
Source
Laws 1975, LB 436, § 2.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-1811 - Purchase of slaughter livestock; violations; penalties.

54-1811.
Purchase of slaughter livestock; violations; penalties.
Any person, firm, corporation, or association, or any agent thereof, who shall violate the provisions of sections 54-1809 to 54-1811, shall be guilty of a Class II misdemeanor.
Source
Laws 1975, LB 436, § 3;
Laws 1977, LB 39, § 48.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-1901 - Act, how cited.

54-1901.
Act, how cited.
Sections 54-1901 to 54-1915.02 shall be known and may be cited as the Nebraska Meat and Poultry Inspection Law.
Source
Laws 1969, c. 449, § 1, p. 1502;
Laws 2021, LB324, § 1.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-1903 - Intent of Nebraska Meat and Poultry Inspection Law.

54-1903.
Intent of Nebraska Meat and Poultry Inspection Law.
The intent of the Nebraska Meat and Poultry Inspection Law is to assure that only wholesome meat and poultry products enter regular commercial channels of commerce and to provide that same are identified and truthfully labeled. The director is designated as the administrator of the Nebraska Meat and Poultry Inspection Law and the department is designated as the administrative state agency.
Source
Laws 1969, c. 449, § 3, p. 1507;
Laws 2021, LB324, § 3.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-1904 - License; application; inspection; renewal; fee; suspension; when.

54-1904.
License; application; inspection; renewal; fee; suspension; when.
It shall be unlawful for any person to operate or maintain any establishment unless first licensed by the department. A license may be obtained by application to the director upon forms prescribed by him or her for that purpose. The license shall authorize and restrict the licensee to the operation or operations requested in his or her application and approved by the director.
Application for a livestock establishment or a poultry establishment license shall be accompanied by a fee of fifty dollars for each establishment. A license application for a rendering establishment or for a pet feed establishment shall be accompanied by a fee of three hundred dollars for each establishment. Such fee shall be deposited in the state treasury and deposited in the Livestock Auction Market Fund.
No license shall be issued until an inspection of the facilities described in the license application is completed showing the proposed facilities to be in conformity with the Nebraska Meat and Poultry Inspection Law and the rules and regulations adopted and promulgated thereunder by the director.
Licenses shall be renewable annually on or before their expiration. No license shall be transferable with respect to licensee or location. The renewal fee shall be the same as the application fee for each license.
Each license shall by order be summarily suspended whenever an inspection reveals that conditions in any establishment constitute a menace to the public health and shall remain suspended until such conditions are corrected, subject to review by the department and courts as is provided for in the Nebraska Meat and Poultry Inspection Law.
In addition, the director may, upon ten days' notice in writing, suspend or revoke any license issued hereunder or refuse to renew the same for violation of any of the provisions of the Nebraska Meat and Poultry Inspection Law or any rule or regulation duly adopted and promulgated by the director. The notice shall specify in writing the charges relied on, and the hearings, disposition, and court review shall be as prescribed by the Nebraska Meat and Poultry Inspection Law.
Source
Laws 1969, c. 449, § 4, p. 1507;
Laws 1982, LB 928, § 43;
Laws 1983, LB 617, § 11;
Laws 1988, LB 352, § 98;
Laws 1997, LB 752, § 137;
Laws 2016, LB909, § 9.