reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-618 - Dangerous dogs; actions required; costs; limitations on transport; permanent relocation; procedure.

54-618.
Dangerous dogs; actions required; costs; limitations on transport; permanent relocation; procedure.
(1) A dangerous dog that has been declared as such shall be spayed or neutered and implanted with a microchip identification number by a licensed veterinarian within thirty days after such declaration. The cost of both procedures is the responsibility of the owner of the dangerous dog. Written proof of both procedures and the microchip identification number shall be provided to the animal control authority after the procedures are completed.
(2) No owner of a dangerous dog shall permit the dog to go beyond the property of the owner unless the dog is restrained securely by a chain or leash.
(3) Except as provided in subsection (4) of this section or for a reasonable veterinary purpose, no owner of a dangerous dog shall transport such dog or permit such dog to be transported to another county, city, or village in this state.
(4) An owner of a dangerous dog may transport such dog or permit such dog to be transported to another county, city, or village in this state for the purpose of permanent relocation of the owner if the owner has obtained written permission prior to such relocation from the animal control authority of the county, city, or village in which the owner resides and from the county, city, or village in which the owner will reside. Each animal control authority may grant such permission based upon a reasonable evaluation of both the owner and the dog, including if the owner has complied with the laws of this state and of the county, city, or village in which he or she resides with regard to dangerous dogs after the dog was declared dangerous. An animal control authority shall not grant permission under this subsection if the county, city, or village has an ordinance or resolution prohibiting the relocation of dangerous dogs. After the permanent relocation, the animal control authority of the county, city, or village in which the owner resides shall monitor the owner and such dog for a period of at least thirty days but not to exceed ninety days to ensure the owner's compliance with the laws of this state and of such county, city, or village with regard to dangerous dogs. Nothing in this subsection shall permit the rescindment of the declaration of dangerous dog.
Source
Laws 1989, LB 208, § 2;
Laws 2008, LB1055, § 17.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-619 - Dangerous dogs; confinement required; warning signs.

54-619.
Dangerous dogs; confinement required; warning signs.
(1) No person, firm, partnership, limited liability company, or corporation shall own, keep, or harbor or allow to be in or on any premises occupied by him, her, or it or under his, her, or its charge or control any dangerous dog without such dog being confined so as to protect the public from injury.
(2) While unattended on the owner's property, a dangerous dog shall be securely confined, in a humane manner, indoors or in a securely enclosed and locked pen or structure suitably designed to prevent the entry of young children and to prevent the dog from escaping. The pen or structure shall have secure sides and a secure top. If the pen or structure has no bottom secured to the sides, the sides shall be embedded into the ground at a depth of at least one foot. The pen or structure shall also protect the dog from the elements. The pen or structure shall be at least ten feet from any property line of the owner. The owner of a dangerous dog shall post warning signs on the property where the dog is kept that are clearly visible from all areas of public access and that inform persons that a dangerous dog is on the property. Each warning sign shall be no less than ten inches by twelve inches and shall contain the words warning and dangerous animal in high-contrast lettering at least three inches high on a black background.
Source
Laws 1989, LB 208, § 3;
Laws 2008, LB1055, § 18.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-620 - Dangerous dogs; confiscation; when; costs.

54-620.
Dangerous dogs; confiscation; when; costs.
Any dangerous dog may be immediately confiscated by an animal control officer if the owner is in violation of sections 54-617 to 54-624. The owner shall be responsible for the reasonable costs incurred by the animal control authority for the care of a dangerous dog confiscated by an animal control officer or for the destruction of any dangerous dog if the action by the animal control authority is pursuant to law and if the owner violated sections 54-617 to 54-624.
Source
Laws 1989, LB 208, § 4;
Laws 2008, LB1055, § 19;
Laws 2009, LB494, § 9.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-622 - Dangerous dogs; violation; penalty.

54-622.
Dangerous dogs; violation; penalty.
Except as provided in section 54-622.01, any owner who violates sections 54-617 to 54-621 shall be guilty of a Class IV misdemeanor.
Source
Laws 1989, LB 208, § 6;
Laws 2009, LB494, § 10.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-622.01 - Dangerous dogs; serious bodily injury; penalty; defense.

54-622.01.
Dangerous dogs; serious bodily injury; penalty; defense.
(1) Any owner whose dangerous dog inflicts on a human being a serious bodily injury as defined in section 28-109 is guilty of a Class I misdemeanor for the first offense and a Class IV felony for a second or subsequent offense, whether or not the same dangerous dog is involved.
(2) It is a defense to a violation of subsection (1) of this section that the dangerous dog was, at the time of the infliction of the serious bodily injury, in the custody of or under the direct control of a person other than the owner or the owner's immediate family.
Source
Laws 2009, LB494, § 13.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-623 - Dangerous dogs; violation; conviction; effect.

54-623.
Dangerous dogs; violation; conviction; effect.
(1) Any owner convicted of a violation of sections 54-617 to 54-624 shall not own a dangerous dog within ten years after such conviction. Any owner violating this subsection shall be guilty of a Class IIIA misdemeanor, and the dog shall be treated as provided in subsection (2) of this section.
(2) Except as provided in section 54-622.01, if a dangerous dog of an owner with a prior conviction under sections 54-617 to 54-624 attacks or bites a human being or domestic animal, the owner shall be guilty of a Class IIIA misdemeanor. In addition, the dangerous dog shall be immediately confiscated by an animal control authority, placed in quarantine for the proper length of time, and thereafter destroyed in an expeditious and humane manner.
Source
Laws 1989, LB 208, § 7;
Laws 2008, LB1055, § 20;
Laws 2009, LB494, § 11.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-623.01 - County; designate animal control authority.

54-623.01.
County; designate animal control authority.
Each county shall designate an animal control authority that shall be responsible for enforcing sections 54-617 to 54-624 and the laws of such county regarding dangerous dogs.
Source
Laws 2008, LB1055, § 22;
Laws 2009, LB494, § 12.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-624 - Dangerous dogs; local laws or ordinances.

54-624.
Dangerous dogs; local laws or ordinances.
Nothing in sections 54-617 to 54-623.01 shall be construed to restrict or prohibit any governing board of any county, city, or village from establishing and enforcing laws or ordinances at least as stringent as the provisions of sections 54-617 to 54-623.01.
Source
Laws 1989, LB 208, § 8;
Laws 2008, LB1055, § 21;
Laws 2009, LB494, § 14.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-625 - Act, how cited.

54-625.
Act, how cited.
Sections 54-625 to 54-643 shall be known and may be cited as the Commercial Dog and Cat Operator Inspection Act.
Source
Laws 2000, LB 825, § 1;
Laws 2003, LB 274, § 1;
Laws 2006, LB 856, § 13;
Laws 2007, LB12, § 1;
Laws 2009, LB241, § 1;
Laws 2012, LB427, § 1;
Laws 2015, LB360, § 13.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-627.01 - Licensees; maintain written veterinary care plan or written emergency veterinary care plan.

54-627.01.
Licensees; maintain written veterinary care plan or written emergency veterinary care plan.
A dealer or pet shop licensed under section 54-627 shall maintain a written veterinary care plan developed in conjunction with the attending veterinarian for the dealer or pet shop. An animal control facility, an animal rescue, an animal shelter, or a boarding kennel licensed under section 54-627 shall maintain a written emergency veterinary care plan.
Source
Laws 2009, LB241, § 4;
Laws 2010, LB910, § 7.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-628.02 - Violation of act, rule or regulation, or order of director; proceedings authorized.

54-628.02.
Violation of act, rule or regulation, or order of director; proceedings authorized.
Whenever the director has reason to believe that any person has violated any provision of the Commercial Dog and Cat Operator Inspection Act, any rule or regulation adopted and promulgated pursuant to the act, or any order of the director, the director may issue a notice of hearing as provided in section 54-632 requiring the person to appear before the director to (1) show cause why an order should not be entered requiring such person to cease and desist from the violation charged, (2) determine whether an administrative fine should be imposed or levied against the person pursuant to subsection (2) of section 54-633, or (3) determine whether the person fails to qualify for a license pursuant to section 54-630. Proceedings initiated pursuant to this section shall not preclude the department from pursuing other administrative, civil, or criminal actions according to law.
Source
Laws 2015, LB360, § 18.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-629 - Rules and regulations.

54-629.
Rules and regulations.
The department shall adopt and promulgate rules and regulations to carry out the Commercial Dog and Cat Operator Inspection Act. The rules and regulations may include, but are not limited to, factors to be considered when the department imposes an administrative fine, provisions governing record-keeping, veterinary care plans, emergency veterinary care plans, and other requirements for persons required to have a license, and any other matter deemed necessary by the department to carry out the act. The department shall use as a guideline for the humane handling, care, treatment, and transportation of dogs and cats the standards of the Animal and Plant Health Inspection Service of the United States Department of Agriculture as set out in 9 C.F.R. 3.1 to 3.19.
Source
Laws 2000, LB 825, § 5;
Laws 2007, LB12, § 4;
Laws 2009, LB241, § 7.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-630 - Application; denial; grounds; appeal.

54-630.
Application; denial; grounds; appeal.
(1) Before the department approves an application for a license, an inspector of the department shall inspect the operation of the applicant to determine whether the applicant qualifies to hold a license pursuant to the Commercial Dog and Cat Operator Inspection Act. Except as provided in subsection (2) of this section, an applicant who qualifies shall be issued a license.
(2) The department may deny an application for a license as a commercial dog or cat breeder, a dealer, a boarding kennel, an animal control facility, an animal shelter, an animal rescue, or a pet shop upon a finding that the applicant is unsuited to perform the obligations of a licensee. The applicant shall be determined unsuited to perform the obligations of a licensee if the department finds that the applicant has deliberately misrepresented or concealed any information provided on or with the application or any other information provided to the department under this section or that within the previous five years the applicant:
(a) Has been convicted of any law regarding the disposition or treatment of dogs or cats in any jurisdiction; or
(b) Has operated a breeder facility under a license or permit issued by any jurisdiction that has been revoked, suspended, or otherwise subject to a disciplinary proceeding brought by the licensing authority in that jurisdiction if such proceeding resulted in the applicant having voluntarily surrendered a license or permit to avoid disciplinary sanctions.
(3) In addition to the application, the department may require the applicant to provide additional documentation pertinent to the department's determination of the applicant's suitability to perform the duties of a licensee under the act.
(4) An applicant who is denied a license under this section shall be afforded the opportunity for a hearing before the director or the director's designee to present evidence that the applicant is qualified to hold a license pursuant to the act and the rules and regulations adopted and promulgated by the department and should be issued a license. All such hearings shall be in accordance with the Administrative Procedure Act.
Source
Laws 2000, LB 825, § 6;
Laws 2007, LB12, § 5;
Laws 2012, LB427, § 4;
Laws 2015, LB360, § 19.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-633 - Enforcement powers; administrative fine.

54-633.
Enforcement powers; administrative fine.
(1) In order to ensure compliance with the Commercial Dog and Cat Operator Inspection Act, the department may apply for a restraining order, temporary or permanent injunction, or mandatory injunction against any person violating or threatening to violate the act, the rules and regulations, or any order of the director issued pursuant thereto. The district court of the county where the violation is occurring or is about to occur shall have jurisdiction to grant relief upon good cause shown. Relief may be granted notwithstanding the existence of any other remedy at law and shall be granted without bond.
The county attorney of the county in which such violations are occurring or about to occur shall, when notified of such violation or threatened violation, cause appropriate proceedings under this section to be instituted and pursued without delay.
(2) The department may impose an administrative fine of not more than five thousand dollars for any violation of the act or the rules and regulations adopted and promulgated under the act. Each violation of the act or such rules and regulations shall constitute a separate offense for purposes of this subsection.
Source
Laws 2000, LB 825, § 9;
Laws 2006, LB 856, § 15;
Laws 2007, LB12, § 8;
Laws 2015, LB360, § 21.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-633.01 - Special investigator; powers; referral to another law enforcement officer.

54-633.01.
Special investigator; powers; referral to another law enforcement officer.
If the director has reason to believe that any alleged violation of the Commercial Dog and Cat Operator Inspection Act, any alleged violation of the rules and regulations of the department, any alleged violation of an order of the director, or any other existing condition posing a significant threat to the health or safety of the dogs or cats harbored or owned by an applicant or a licensee constitutes cruel neglect, abandonment, or cruel mistreatment pursuant to section 28-1009, the director may direct a special investigator employed by the department as authorized pursuant to section 81-201 to exercise the authorities of a law enforcement officer pursuant to sections 28-1011 and 28-1012 with respect to the dogs or cats or may request any other law enforcement officer as defined in section 28-1008 to inspect, care for, or impound the dogs or cats pursuant to sections 28-1011 and 28-1012. Any assignment of a special investigator by the director or referral to another law enforcement officer pursuant to this section shall be in cooperation and coordination with appropriate law enforcement agencies, political subdivisions, animal shelters, humane societies, and other appropriate entities, public or private, to provide for the care, shelter, and disposition of animals impounded pursuant to this section.
Source
Laws 2015, LB360, § 22.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-634 - Violation; penalty.

54-634.
Violation; penalty.
(1) It is unlawful for a person to operate without a valid license or operate while a license is revoked or suspended if a license is required by the Commercial Dog and Cat Operator Inspection Act. A licensee shall not operate in any manner which is not in conformity with the act or the rules and regulations adopted and promulgated pursuant thereto or interfere with the duties of the department or any final order of the director pursuant to the act.
(2) Any person who violates any provision of the act is guilty of a Class I misdemeanor.
Source
Laws 2000, LB 825, § 10.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-634.01 - Prohibited acts.

54-634.01.
Prohibited acts.
It shall be a violation of the Commercial Dog and Cat Operator Inspection Act for any person to (1) deny access to any officer, agent, employee, or appointee of the department or offer any resistance to, thwart, or hinder such persons by misrepresentation or concealment, (2) violate a stop-movement order issued under section 54-628.01, (3) fail to disclose all locations housing dogs or cats owned or controlled by such person, or (4) fail to pay any administrative fine levied pursuant to section 54-633.
Source
Laws 2009, LB241, § 9.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-635 - Commercial Dog and Cat Operator Inspection Program Cash Fund; created; use; investment.

54-635.
Commercial Dog and Cat Operator Inspection Program Cash Fund; created; use; investment.
The Commercial Dog and Cat Operator Inspection Program Cash Fund is created and shall consist of money appropriated by the Legislature, gifts, grants, costs, fees, or charges from any source, including federal, state, public, and private sources. The money shall be used to carry out the Commercial Dog and Cat Operator Inspection 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.
Source
Laws 2000, LB 825, § 11;
Laws 2016, LB909, § 3.
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 › 54-636 - Department; enforcement powers.

54-636.
Department; enforcement powers.
The department may cooperate with the Secretary of Agriculture in carrying out applicable federal law and the regulations issued by the Secretary of Agriculture under such law. The department may enter into contracts with any person to implement any or all of the provisions of the Commercial Dog and Cat Operator Inspection Act.
Source
Laws 2000, LB 825, § 12.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-637 - Information on spaying and neutering; requirements.

54-637.
Information on spaying and neutering; requirements.
(1) Every dealer, commercial dog or cat breeder, animal shelter, animal rescue, animal control facility, or pet shop or any other retailer, who transfers ownership of a dog or cat to an ultimate consumer, shall deliver to the ultimate consumer of each dog or cat at the time of sale, written material, in a form determined by such seller, containing information on the benefits of spaying and neutering. The written material shall include recommendations on establishing a relationship with a veterinarian, information on early-age spaying and neutering, the health benefits associated with spaying and neutering pets, the importance of minimizing the risk of homeless or unwanted animals, and the need to comply with applicable license laws.
(2) The delivering of any model materials prepared by the Pet Industry Joint Advisory Council or the Nebraska Humane Society shall satisfy the requirements of subsection (1) of this section.
Source
Laws 2003, LB 274, § 4;
Laws 2010, LB910, § 8;
Laws 2012, LB427, § 5.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-638 - Provision for spaying or neutering; when.

54-638.
Provision for spaying or neutering; when.
Provision shall be made for spaying or neutering all dogs and cats released for adoption or purchase from any public or private animal shelter, animal rescue, or animal control facility operated by a humane society, a county, a city, or another political subdivision. Such provision may be made by:
(1) Causing the dog or cat to be spayed or neutered by a licensed veterinarian before releasing the dog or cat for adoption or purchase; or
(2) Entering into a written agreement with the adopter or purchaser of the dog or cat, guaranteeing that spaying or neutering will be performed by a licensed veterinarian in compliance with an agreement which shall contain the following information:
(a) The date of the agreement;
(b) The name, address, and signature of the releasing entity and the adopter or purchaser;
(c) A description of the dog or cat to be adopted or purchased;
(d) A statement, in conspicuous bold print, that spaying or neutering of the dog or cat is required pursuant to this section; and
(e) The date by which the spaying or neutering will be completed, which date shall be (i) in the case of an adult dog or cat, the thirtieth day after the date of adoption or purchase or (ii) in the case of a pup or kitten, either (A) the thirtieth day after a specified date estimated to be the date the pup or kitten will reach six months of age or (B) if the releasing entity has a written policy recommending spaying or neutering of certain pups or kittens at an earlier date, the thirtieth day after such date.
Source
Laws 2003, LB 274, § 5;
Laws 2010, LB910, § 9.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-639 - Adopter or purchaser; agreement; requirements.

54-639.
Adopter or purchaser; agreement; requirements.
An adopter or purchaser who signs an agreement under section 54-638 shall cause the adopted or purchased dog or cat to be spayed or neutered on or before the date stated in the agreement. If such date falls on a Saturday, Sunday, or legal holiday, the date may be extended to the first business day following such date. The releasing entity may extend the date for thirty days upon presentation of a letter or telephone report from a licensed veterinarian, stating that the life or health of the adopted or purchased dog or cat would be jeopardized by spaying or neutering, and such extensions may continue to be granted until such veterinarian determines that spaying or neutering would no longer jeopardize the life or health of the adopted or purchased dog or cat.
Source
Laws 2003, LB 274, § 6.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-640 - Commercial dog or cat breeder; duties.

54-640.
Commercial dog or cat breeder; duties.
A commercial dog or cat breeder shall:
(1) Maintain housing facilities and primary enclosures in a sanitary condition;
(2) Enable all dogs and cats to remain dry and clean;
(3) Provide shelter and protection from extreme temperatures and weather conditions that may be uncomfortable or hazardous to the dogs and cats;
(4) Provide sufficient shade to shelter all the dogs and cats housed in the primary enclosure at one time;
(5) Provide dogs and cats with easy and convenient access to adequate amounts of clean food and water;
(6) Provide dogs with adequate socialization. For purposes of this subdivision, adequate socialization means physical contact with other dogs and with human beings, other than being fed;
(7) Assure that a handler's hands are washed before and after handling each infectious or contagious cat;
(8) Maintain a written veterinary care plan developed in conjunction with an attending veterinarian; and
(9) Provide veterinary care without delay when necessary.
Source
Laws 2003, LB 274, § 7;
Laws 2009, LB241, § 10;
Laws 2012, LB427, § 6.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-641 - Licensees; primary enclosures; requirements.

54-641.
Licensees; primary enclosures; requirements.
The primary enclosures of all licensees shall meet the following requirements:
(1) A primary enclosure shall provide adequate space appropriate to the age, size, weight, and breed of each dog or cat. For purposes of this subdivision, adequate space means sufficient room to allow each dog or cat to turn around without touching another animal, to stand, sit, and lie in a comfortable, normal position, and to walk in a normal manner without the head of such animal touching the top of the enclosure, which shall be at least six inches above the head of the tallest animal when the animal is standing;
(2) A primary enclosure shall have solid surface flooring or a flooring material that protects the dogs' and cats' feet and legs from injury and that, if of mesh or slatted construction, do not allow the dogs' and cats' feet to pass through any openings in the floor;
(3) If a primary enclosure has a suspended floor constructed of metal strands, the strands shall either be greater than one-eighth of an inch in diameter (nine gauge) or coated with a material such as plastic or fiberglass; and
(4) The suspended floor of any primary enclosure shall be strong enough so that the floor does not sag or bend between the structural supports.
Source
Laws 2003, LB 274, § 8;
Laws 2012, LB427, § 7.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-641.01 - Commercial dog breeder; dogs; opportunity for exercise.

54-641.01.
Commercial dog breeder; dogs; opportunity for exercise.
(1) A commercial dog breeder shall provide dogs with the opportunity for exercise as follows:
(a) A primary enclosure shall have an entry that allows each dog unfettered access to an exercise area that is at least three times the size of the requirements for a primary enclosure. The entry may be closed during cleaning, under direction of a licensed veterinarian, or in the case of inclement weather. The exercise area shall have solid surface flooring or a flooring material that if of mesh or slatted construction does not allow the dog's feet to pass through any openings in the floor. Any exercise area suspended floor constructed of metal strands shall be required to have strands that are greater than one-eighth of an inch in diameter (nine gauge) or coated with a material such as plastic or fiberglass. All suspended flooring shall be strong enough so as not to sag or bend between any structural supports and be of a surface that is easily cleaned and disinfected. The exercise area shall have protection available from wind, rain, and snow if access to the primary enclosure is unavailable; and
(b) Any dog not housed in a primary enclosure that meets the exercise area requirements of subdivision (a) of this subsection shall be provided with the opportunity for exercise according to a plan approved by the attending veterinarian, in writing. The opportunity for exercise shall be accomplished by:
(i) Providing access to a run or open area at a frequency and duration prescribed by the attending veterinarian; or
(ii) Removal of the dogs from the primary enclosure at least twice daily to be walked, allowed to move about freely in an open area, or placed in an exercise area that meets the requirements of subdivision (a) of this subsection.
(2) Subsection (1) of this section shall not apply to:
(a) Any dog that is less than six months of age;
(b) The primary enclosure of a nursing facility that houses any female dog that is due to give birth within the following two weeks or a nursing dog and her puppies;
(c) Any dog that is injured or displays any clinical signs of disease. In such case, any injury or clinical signs of disease shall be noted in the dog's health records and the dog shall be returned to exercise upon recovery from such injury or disease; or
(d) Any dog that is excluded from the exercise requirements of subsection (1) of this section pursuant to a written directive of a licensed veterinarian.
(3) Any primary enclosure newly constructed after October 1, 2012, shall comply with subdivision (1)(a) of this section. A primary enclosure in existence on October 1, 2012, shall not be required to comply with subdivision (1)(a) of this section for the life of such facility.
Source
Laws 2012, LB427, § 8.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-641.02 - Commercial dog breeder; veterinary care; review of health records; duties of breeder.

54-641.02.
Commercial dog breeder; veterinary care; review of health records; duties of breeder.
(1) A commercial dog breeder shall ensure that each dog under his or her care, supervision, or control receives adequate veterinary care. A commercial dog breeder's written veterinary care plan shall provide for, in addition to requirements prescribed by rule and regulation of the department:
(a) The maintenance of individual health records for each dog bought, raised, or otherwise obtained, held, kept, maintained, sold, donated, or otherwise disposed of, including by death or euthanasia, except that litter health records may be kept on litters when litter mates are treated with the same medication or procedure;
(b) Establishment of a program of disease control and prevention, pest and parasite control, before and after procedure care, nutrition, and euthanasia supervised by the attending veterinarian. Such program shall provide for regularly scheduled onsite visits to the facility by the veterinarian and shall be annually reviewed and updated by the veterinarian at the time of an onsite visit that includes the veterinarian's walk-through of the facility and observation by the veterinarian of dogs under the commercial dog breeder's care, supervision, or control; and
(c) A wellness examination by a licensed veterinarian of each breeding dog at least once every three years, to include a basic physical and dental examination and corresponding notations entered into the dog's health records. Such examination shall not require laboratory analysis unless directed by the veterinarian.
(2) During regularly scheduled inspections of a commercial dog breeder's facility conducted by the department, the health records of a random sample of at least five percent of the breeding dogs shall be reviewed to verify that such records correspond to the dog's permanent identification and verify that the health records are properly maintained.
(3) For each dog under the commercial dog breeder's care, supervision, or control, the breeder shall:
(a) Ensure that all breeding dogs receive regular grooming. Coat matting shall not exceed ten percent, and nails shall be trimmed short enough to ensure the comfort of the dog;
(b) Contact a licensed veterinarian without delay after an occurrence of a serious or life-threatening injury or medical condition of such dog. The dog shall be treated as prescribed by the veterinarian;
(c) Ensure that all surgical births or other surgical procedures shall be performed by a licensed veterinarian using anesthesia. Commercial dog breeders may remove dew claws and perform tail docking under sterile conditions within the first seven days of the dog's life. Wounds shall be treated and monitored by the breeder; and
(d) Ensure that, if euthanasia is necessary, it shall be performed by a licensed veterinarian in accordance with recommendations for the humane euthanization of dogs as published by the American Veterinary Medical Association.
Source
Laws 2012, LB427, § 9.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-641.03 - Breeding dog; microchip; identification.

54-641.03.
Breeding dog; microchip; identification.
Each breeding dog shall be identified by the implantation of a microchip, and each dog's health records shall accurately record the appropriate identification. The department may by rule or regulation require identification of any dog by tag, tattoo, or other method if the microchip system is determined to be ineffective. A commercial dog breeder licensed prior to October 1, 2012, who utilizes a method or methods of identification other than microchipping as authorized by rule and regulation of the department prior to October 1, 2012, may continue to utilize such method or methods.
Source
Laws 2012, LB427, § 10.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-642 - Department; submit report of costs and revenue.

54-642.
Department; submit report of costs and revenue.
On or before November 1 of each year, the department shall submit electronically a report to the Legislature in sufficient detail to document all costs incurred in the previous fiscal year in carrying out the Commercial Dog and Cat Operator Inspection Act. The report shall identify costs incurred by the department to administer the act and shall detail costs incurred by primary activity. The department shall also provide a breakdown by category of all revenue credited to the Commercial Dog and Cat Operator Inspection Program Cash Fund in the previous fiscal year. The Agriculture Committee and Appropriations Committee of the Legislature shall review the report to ascertain program activity levels and to determine funding requirements of the program.
Source
Laws 2006, LB 856, § 16;
Laws 2012, LB782, § 82.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-643 - Administrative fines; disposition; lien; collection.

54-643.
Administrative fines; disposition; lien; collection.
(1) All money collected by the department pursuant to section 54-633 shall be remitted to the State Treasurer for distribution in accordance with Article VII, section 5, of the Constitution of Nebraska.
(2) Any administrative fine levied pursuant to section 54-633 which remains unpaid for more than sixty days shall constitute a debt to the State of Nebraska which may be collected in the manner of a lien foreclosure or sued for and recovered in a proper form of action in the name of the state in the district court of the county in which the violator resides or owns property.
Source
Laws 2007, LB12, § 9.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-645 - Terms, defined.

54-645.
Terms, defined.
For purposes of the Dog and Cat Purchase Protection Act:
(1) Casual breeder means any person, other than a commercial dog or cat breeder as such terms are defined in section 54-626, who offers for sale, sells, trades, or receives consideration for one or more pet animals from a litter produced by a female dog or cat owned by such casual breeder;
(2) Clinical symptom means indication of an illness or dysfunction that is apparent to a veterinarian based on the veterinarian's observation, examination, or testing of an animal or on a review of the animal's medical records;
(3) Health certificate means the official small animal certificate of veterinary inspection of the Department of Agriculture;
(4) Pet animal means a dog, wholly or in part of the species Canis familiaris, or a cat, wholly or in part of the species Felis domesticus, that is under fifteen months of age;
(5) Purchaser means the final owner of a pet animal purchased from a seller. Purchaser does not include a person who purchases a pet animal for resale;
(6) Seller means a casual breeder or any commercial establishment, including a commercial dog or cat breeder, dealer, or pet shop as such terms are defined in section 54-626, that engages in a business of selling pet animals to a purchaser. A seller does not include an animal control facility, animal rescue, or animal shelter as defined in section 54-626 or any animal adoption activity that an animal control facility, animal rescue, or animal shelter conducts offsite at any pet store or other commercial establishment; and
(7)(a) Serious health problem means a congenital or hereditary defect or contagious disease that causes severe illness or death of the pet animal.
(b) Serious health problem does not include (i) parvovirus if the diagnosis of parvovirus is made after the seven-business-day requirement in subsection (1) of section 54-647 or (ii) any other contagious disease that causes severe illness or death after ten calendar days after delivery of the pet animal to the purchaser.
Source
Laws 2009, LB241, § 12;
Laws 2010, LB910, § 10;
Laws 2012, LB427, § 11;
Laws 2020, LB344, § 65.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-647 - Recourse to remedies; purchaser; duties; notice to seller; remedies.

54-647.
Recourse to remedies; purchaser; duties; notice to seller; remedies.
(1) In order to have recourse to the remedies available to purchasers under this section, a purchaser shall have the pet animal examined by a licensed veterinarian within seven business days after delivery of the pet animal to the purchaser. The pet animal shall be declared unfit for sale and the purchaser may obtain one of the remedies listed in subsection (2) or (3) of this section if (a) during such examination, the veterinarian diagnoses the pet animal with a serious health problem that the veterinarian believes existed at the time of delivery of the pet animal to the purchaser or (b) within fifteen months after the date of birth of the pet animal, a veterinarian diagnoses the pet animal with a serious health problem or states in writing that the pet animal has died from a serious health problem that the veterinarian believes existed at the time of delivery of the pet animal to the purchaser.
(2) If a pet animal is diagnosed with a serious health problem under subsection (1) of this section, the purchaser shall notify the seller within two business days after the diagnosis and provide the seller with the name and telephone number of the veterinarian or a copy of the veterinarian's report. After such notification, the purchaser may obtain one of the following remedies from the seller:
(a) A refund of the full purchase price of the pet animal upon return of such pet animal to the seller;
(b) An exchange for a pet animal of the purchaser's choice of equivalent value, if such pet animal is available, upon return of the pet animal, if alive, to the seller; or
(c) Reimbursement for reasonable veterinary fees, not to exceed the full purchase price of the pet animal.
(3) If a pet animal dies from a serious health problem as determined under subsection (1) of this section, the purchaser shall notify the seller within two business days after receipt of the written statement of the veterinarian by the purchaser and shall provide the seller with a copy of such written statement. After receipt of the written statement by the seller, the purchaser may obtain one of the following remedies from the seller:
(a) A refund of the full purchase price of the pet animal; or
(b) A pet animal of the purchaser's choice of equivalent value, if such pet animal is available, and reimbursement for reasonable veterinary fees not to exceed one-half of the full purchase price of the pet animal.
(4) For purposes of this section, veterinary fees shall be deemed reasonable if the service is appropriate for the diagnosis and treatment of the serious health problem and the cost of the service is comparable to similar services provided by licensed veterinarians in close proximity to the treating veterinarian.
Source
Laws 2009, LB241, § 14.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-648 - Denial of refund, reimbursement of fees, or replacement; conditions.

54-648.
Denial of refund, reimbursement of fees, or replacement; conditions.
No refund or reimbursement of fees or replacement of a pet animal under section 54-647 shall be required if one or more of the following conditions exist:
(1) The serious health problem or death of the pet animal resulted from maltreatment, neglect, or injury occurring after delivery of the pet animal to the purchaser;
(2) Any written disclosure statements provided by a seller pursuant to subsection (2) of section 54-646 disclosed the serious health problem for which the purchaser is seeking a remedy; or
(3) The purchaser failed to follow through with preventative care, including, but not limited to, vaccinations, deworming treatment, or medication, recommended by a licensed veterinarian examining the pet animal.
Source
Laws 2009, LB241, § 15.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-649 - Purchaser; file action; seller's rights; limit of recovery.

54-649.
Purchaser; file action; seller's rights; limit of recovery.
(1) If a seller does not comply with a demand for remedy by a purchaser under section 54-647, the purchaser may file an action in a court of competent jurisdiction.
(2) If a seller contests a demand for remedy by a purchaser under section 54-647, the seller may require the purchaser to produce the pet animal for examination or autopsy by a licensed veterinarian designated by the seller. The seller shall pay for all costs associated with such examination or autopsy. The seller shall have a right of recovery against the purchaser if the seller is not obligated to provide the remedy sought.
(3) The prevailing party in a proceeding under this section shall be limited to a recovery of actual costs and no more than five hundred dollars in reasonable attorney's fees.
Source
Laws 2009, LB241, § 16.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-650 - Other rights and remedies not limited; act; how construed.

54-650.
Other rights and remedies not limited; act; how construed.
Nothing in the Dog and Cat Purchase Protection Act shall limit any rights and remedies otherwise available under the laws of this state. Any agreement or contract entered into by a seller and a purchaser waiving any rights under the act is void. Nothing in the Dog and Cat Purchase Protection Act shall be construed to limit a seller to offering only those warranties, express or implied, required by the act.
Source
Laws 2009, LB241, § 17.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-706.12 - Bovine Tuberculosis Cash Fund; created; use; investment; termination.

54-706.12.
Bovine Tuberculosis Cash Fund; created; use; investment; termination.
The Bovine Tuberculosis Cash Fund is created. The fund shall consist of money appropriated by the Legislature and gifts, grants, costs, or charges from any source, including federal, state, public, and private sources. The fund shall be used to carry out the Bovine Tuberculosis 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 2007, LB110, § 12;
Laws 2020, LB344, § 66.
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 › 54-753.05 - Importation of livestock; embargo; violation; penalty.

54-753.05.
Importation of livestock; embargo; violation; penalty.
Any person who shall import livestock or cause livestock to be imported into the State of Nebraska in violation of an embargo issued by the State Veterinarian of Nebraska shall be guilty of a Class IV felony.
Source
Laws 1959, c. 255, § 1, p. 889;
Laws 1977, LB 39, § 27.
Cross References
Definitions, where found, see section 54-2902.
Annotations
Violation of this section held not to defeat registration of judgment obtained in Kansas. Miller v. Kingsley, 194 Neb. 123, 230 N.W.2d 472 (1975).
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-778 - Anthrax Control Act Cash Fund; created; use; investment; termination.

54-778.
Anthrax Control Act Cash Fund; created; use; investment; termination.
The Anthrax Control Act Cash Fund is created. The fund shall consist of money appropriated by the Legislature and gifts, grants, costs, or charges from any source, including federal, state, public, and private sources. The fund shall be used to carry out the Anthrax Control 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 2009, LB99, § 15;
Laws 2020, LB344, § 67.
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 › 54-797 - Livestock certification program; department; duties; registry.

54-797.
Livestock certification program; department; duties; registry.
The Department of Agriculture shall provide voluntary livestock certification programs when requested by a livestock health committee and others when deemed by the department to be beneficial and appropriate for the livestock industry. The department shall work together with the appropriate livestock producers or groups and the Department of Veterinary and Biomedical Sciences of the University of Nebraska to establish procedures for the certification of participating herds. The Department of Agriculture may maintain a livestock certification registry for each livestock certification program that provides information regarding the voluntary certification program and may include the names of participating livestock producers who have a herd or flock enrolled in the voluntary livestock certification program.
Source
Laws 2001, LB 438, § 10;
Laws 2020, LB344, § 68.
Cross References
Definitions, where found, see section 54-2902.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-798 - Livestock certification program; application; costs.

54-798.
Livestock certification program; application; costs.
A livestock producer may request certification by completing an application for herd certification on a form provided by the department. The livestock producers who choose to participate in a voluntary livestock certification program shall pay the primary costs of the program, including all on-farm testing costs. The department may use funds appropriated by the Legislature, when available, to offset the costs of disease research and laboratory testing when done in conjunction with a voluntary livestock certification program.
Source
Laws 2001, LB 438, § 11.
Cross References
Definitions, where found, see section 54-2902.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-799 - Livestock certification program; livestock producer; powers.

54-799.
Livestock certification program; livestock producer; powers.
A livestock producer who is listed in a livestock certification registry may provide registry and certification information regarding the livestock herd when selling livestock from the herd.
Source
Laws 2001, LB 438, § 12.
Cross References
Definitions, where found, see section 54-2902.