reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-1905 - Hearings; how conducted; order; appeal.

54-1905.
Hearings; how conducted; order; appeal.
Hearings shall be conducted by the director who may administer oaths, rule upon offers of proof and objections, and take such other action as may be necessary.
The director 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. The final determination of the director may be appealed, and the appeal shall be in accordance with the Administrative Procedure Act.
Source
Laws 1969, c. 449, § 5, p. 1508;
Laws 1988, LB 352, § 99.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-1907 - Records; contents; access.

54-1907.
Records; contents; access.
The following classes of persons shall keep such records for such periods as are specified in regulations adopted by the director to fully and correctly disclose all transactions involved in their business, and shall afford to the director and his representatives access to such places of business, and opportunity, at all reasonable times, to examine the facilities, inventory and records thereof, to copy the records, and to secure samples or specimens of inventory after paying or offering to pay for such sample or specimen:
(1) Any persons who engage in or for intrastate commerce in the business of slaughtering any livestock or poultry, or preparing, freezing, packaging or labeling, buying or selling, transporting, or storing any livestock products or poultry products for human food or animal feed; or
(2) Any persons who engage in or for intrastate commerce in the business of rendering, pet feed manufacturing, buying, selling, storing, or transporting any wholesome or dead, dying, disabled or diseased livestock or poultry, or parts of the carcasses of any such livestock or poultry which died either by slaughter or otherwise.
Source
Laws 1969, c. 449, § 7, p. 1510.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-1910 - Inspection of products; when completed.

54-1910.
Inspection of products; when completed.
No inspection of products placed in any container at any official establishment shall be deemed to be complete until the products are sealed or enclosed therein under the supervision of an inspector.
Source
Laws 1969, c. 499, § 10, p. 1516.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-1911 - Exempted product; adulterated or misbranded; seized by inspector; when.

54-1911.
Exempted product; adulterated or misbranded; seized by inspector; when.
Whenever any livestock product or poultry product or any product exempted from the definition of a livestock product and from the definition of a poultry product, or any dead, dying, disabled, or diseased livestock or poultry, is found by any authorized representative of the director upon any premises where it is held for purposes of distribution, or during or after distribution, in intrastate commerce or is otherwise subject to the Nebraska Meat and Poultry Inspection Law, and the authorized representative or inspector has reason to believe that any such article is adulterated or misbranded and is capable of use as human food, or that it has not been inspected and fails to bear an official mark or is otherwise in violation of the Nebraska Meat and Poultry Inspection Law or of the federal acts or the Nebraska Pure Food Act, or that such article or animal has been or is intended to be distributed in violation of any such provisions, it may be seized and embargoed by such representative or inspector for a period not to exceed twenty days, pending action under section 54-1912 or notification of any federal authorities having jurisdiction over such article or animal, and shall not be moved by any person from the place at which it is located when so seized or embargoed until released by an inspector or representative of the department or by an order of a court having jurisdiction. All official marks may be required by such representative or inspector to be removed from such article or animal before it is released unless it appears to the satisfaction of the director that the article or animal is eligible to retain such mark or marks.
Source
Laws 1969, c. 449, § 11, p. 1516;
Laws 1981, LB 487, § 44;
Laws 2021, LB324, § 6.
Cross References
Nebraska Pure Food Act, see section 81-2,239.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-1913 - Officer, inspector, employee of state; bribes, acceptances; interference; penalty.

54-1913.
Officer, inspector, employee of state; bribes, acceptances; interference; penalty.
(1) Any officer, inspector, or employee of this state authorized to perform any of the duties prescribed by the Nebraska Meat and Poultry Inspection Law who shall accept any money, gift, or other thing of value from any person given with intent to influence his or her official action, or who shall receive or accept from any person engaged in intrastate commerce subject to the Nebraska Meat and Poultry Inspection Law any gift, money, or other thing of value given with any purpose or intent whatsoever, shall be deemed guilty of a Class III misdemeanor and shall be summarily discharged from office.
(2) Any person who forcibly assaults, resists, opposes, impedes, intimidates, bribes or attempts to bribe, or interferes with any inspector or employee while engaged in or on account of the performance of his or her official duties under the Nebraska Meat and Poultry Inspection Law, shall be deemed guilty of a Class II misdemeanor.
(3) Any person who violates any provisions of the Nebraska Meat and Poultry Inspection Law or any rules and regulations duly adopted and promulgated under such law, for which no other criminal penalty is provided by the Nebraska Meat and Poultry Inspection Law, shall be deemed guilty of a Class II misdemeanor, but if such violation involves intent to defraud, or any distribution or attempted distribution of an article that is adulterated, such person shall be guilty of a Class IV felony.
Source
Laws 1969, c. 449, § 13, p. 1518;
Laws 1977, LB 39, § 49;
Laws 2021, LB324, § 8.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-1915 - Director of Agriculture; cooperate with United States Department of Agriculture.

54-1915.
Director of Agriculture; cooperate with United States Department of Agriculture.
The director is hereby authorized to cooperate with the United States Department of Agriculture for the exchange and cross certification of employees or inspectors to implement the Nebraska Meat and Poultry Inspection Law.
Source
Laws 1969, c. 449, § 15, p. 1520;
Laws 2021, LB324, § 9.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-1915.01 - Acquisition of meat from livestock by an informed end consumer; allowed; conditions.

54-1915.01.
Acquisition of meat from livestock by an informed end consumer; allowed; conditions.
(1) The acquisition of meat from livestock by an informed end consumer shall not constitute the sale of meat products in contravention of the Nebraska Meat and Poultry Inspection Law and shall not be prohibited if all of the following conditions are met:
(a) The meat is made available pursuant to an animal share and is:
(i) Received by or on behalf of an owner of an animal share; and
(ii) Obtained from the particular livestock subject to the animal share;
(b) Ownership of the particular livestock is established by contract prior to slaughter;
(c) The name and address of each individual with an ownership interest in the particular livestock is presented to the processor prior to slaughter; and
(d) Information describing the standards used by the farm or ranch with respect to livestock health and in the processing of meat from the livestock is provided to the informed end consumer by the farmer or rancher.
(2) A farmer or rancher that sells an animal share shall:
(a) Be a resident of the State of Nebraska; and
(b) Maintain a record of each animal share sold under this section.
(3) No person who obtains meat in accordance with this section shall sell, donate, or commercially redistribute the meat in any way. No farmer or rancher shall publish any statement that implies the department's approval or endorsement of meat made available pursuant to an animal share. The requirement for a license under section 54-1904 or for inspection under the Nebraska Meat and Poultry Inspection Law shall not apply to the sale of meat products pursuant to this section.
Source
Laws 2021, LB324, § 10.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-2293 - Pseudorabies Control Cash Fund; use; investment; termination.

54-2293.
Pseudorabies Control Cash Fund; use; investment; termination.
The Pseudorabies Control Cash 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 utilized for the purpose of carrying out the Pseudorabies Control and Eradication 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 1986, LB 775, § 28;
Laws 1990, LB 1004, § 40;
R.S.Supp.,1990, § 54-2228;
Laws 1991, LB 359, § 59;
Laws 1994, LB 1066, § 43;
Laws 2020, LB344, § 75.
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 › 54-2302 - Act, how cited.

54-2302.
Act, how cited.
Sections 54-2302 to 54-2324 shall be known and may be cited as the Domesticated Cervine Animal Act.
Source
Laws 1999, LB 404, § 1;
Laws 2002, LB 1003, § 37.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-2303 - Legislative findings.

54-2303.
Legislative findings.
The Legislature finds and declares that the production of domesticated cervine animals contributes to the strength of the economy of this state. The Legislature further declares that the Department of Agriculture under the powers and duties provided by law for the protection of the health of livestock is the appropriate agency to adopt, promulgate, and enforce rules and regulations necessary to control disease, importation, identification, issuing of permits, containment, and escape of domesticated cervine animals.
Source
Laws 1999, LB 404, § 2.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-2304 - Terms, defined.

54-2304.
Terms, defined.
For purposes of the Domesticated Cervine Animal Act, unless the context otherwise requires:
(1) Commission means the Game and Parks Commission or its authorized agent;
(2) Department means the Department of Agriculture or its authorized agent;
(3) Director means the Director of Agriculture or his or her designee;
(4) Domesticated cervine animal has the same meaning as in section 54-2914; and
(5) Person means any individual, firm, group of individuals, partnership, limited liability company, corporation, unincorporated association, cooperative, or other entity, public or private.
Source
Laws 1999, LB 404, § 3;
Laws 2020, LB344, § 76.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-2305 - Domesticated cervine animal facility permit required; when.

54-2305.
Domesticated cervine animal facility permit required; when.
On and after January 1, 2000, it is unlawful for any person to own, possess, buy, sell, or barter any domesticated cervine animal in this state unless such animal is individually identified and kept at a premises for which a domesticated cervine animal facility permit has been issued by the department. Permits shall be issued only after a determination that the applicant is in compliance with the Domesticated Cervine Animal Act. This section shall not be construed to require a municipal, state, or federal zoo, park, refuge, or wildlife area, a bona fide circus or animal exhibit, or any private, nonprofit zoological society to obtain a permit in order to own, possess, buy, sell, or barter a domesticated cervine animal, but such facilities shall be governed by the provisions of the act and the rules and regulations promulgated thereunder regarding the testing, control, and eradication of cervidae diseases including chronic wasting disease.
Source
Laws 1999, LB 404, § 4;
Laws 2002, LB 1003, § 38.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-2306 - Permit; application; fee; administrative fee; expiration of permit.

54-2306.
Permit; application; fee; administrative fee; expiration of permit.
(1) On and after August 1, 1999, any person required to obtain a permit under section 54-2305 shall file an application with the department in the manner established by the department. Such application shall include:
(a) The name, residence, and place of business of the applicant;
(b) The exact description of the land upon which the domesticated cervine animal facility is to be located and the nature of the applicant's title to the land, whether in fee or under lease; and
(c) The kind and number of domesticated cervine animals authorized to be kept or reared in such facility.
(2) The department may by rule and regulation prescribe additional information to be contained in such application. The application shall be filed annually with the department on or before October 1 of each year. The annual fee for a domesticated cervine animal facility permit shall not be less than ten dollars nor more than two hundred dollars, as established by the department. Permittees not filing by October 1 shall be considered delinquent. The department may assess an administrative fee for delinquency, not to exceed one hundred dollars per month or a portion of a month, in addition to the permit fees. The purpose of the additional administrative fee is to cover the administrative costs associated with collecting fees. Such permits shall expire on December 31 of the year of issuance.
Source
Laws 1999, LB 404, § 5;
Laws 2016, LB909, § 10.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-2307 - Denial of permit; when.

54-2307.
Denial of permit; when.
The department may deny a domesticated cervine animal facility permit to an applicant who is or has been convicted of violating the laws or regulations of this state or any other state pertaining to domesticated cervine animals or has knowingly committed or participated in the violation of an order of quarantine or other disciplinary order issued by the department.
Source
Laws 1999, LB 404, § 6.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-2308 - Permit; conditions; inspection of facility; fee.

54-2308.
Permit; conditions; inspection of facility; fee.
(1) No person shall be issued a domesticated cervine animal facility permit under section 54-2305 without proof of initial inspection and approval of the minimum construction requirements established under this section.
(2) The department shall inspect and approve or disapprove:
(a) The initial construction and new construction of perimeter fencing; and
(b) The initial construction and new construction of a handling facility which is capable of sorting and restraining individual animals for testing, identification, treatment, or other purposes deemed necessary by the department.
(3) The department may inspect and approve or disapprove:
(a) The maintenance of perimeter fencing; and
(b) The maintenance of a handling facility which is capable of sorting and restraining individual animals for testing, identification, treatment, or other purposes deemed necessary by the department.
(4) The department shall, in consultation with the commission, adopt and promulgate rules and regulations specifying the minimum initial construction, subsequent new construction, and maintenance requirements of perimeter fencing and handling facilities and shall establish a fee to defray the expenses associated with inspecting domesticated cervine animal facilities.
Source
Laws 1999, LB 404, § 7.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-2309 - Permitholder; reports.

54-2309.
Permitholder; reports.
The department may require, by general or special order, a permitholder under the Domesticated Cervine Animal Act to file with the department, on such forms as prescribed, regular or special reports or answers, in writing, to specific questions for the purpose of furnishing information concerning any activity undertaken. Special reports shall be made under oath and filed within thirty days.
Source
Laws 1999, LB 404, § 8.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-2312 - Animal identification.

54-2312.
Animal identification.
A domesticated cervine animal, or any part thereof, shall be appropriately marked for proof of ownership according to rules and regulations adopted by the department. The department shall adopt and promulgate rules and regulations specifying the acceptable forms of domesticated cervine animal identification in a manner which visibly distinguishes a domesticated cervine animal from wild cervidae. The department, in consultation with the commission, shall establish separate identification or proof of ownership requirements for transporting taken domesticated cervine animals.
Source
Laws 1999, LB 404, § 11.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-2313 - Luring or enticement of wildlife prohibited.

54-2313.
Luring or enticement of wildlife prohibited.
The luring or enticement of wildlife into a permitted domesticated cervine animal facility for the purpose of containing such wildlife is cause for permit suspension under section 54-2310 and shall be considered a violation of section 37-479. Any permitholder under the Domesticated Cervine Animal Act who lures or entices wildlife into such a facility is responsible for any and all expenses incurred by the commission to remove such wildlife from the facility.
Source
Laws 1999, LB 404, § 12;
Laws 2009, LB105, § 38.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-2314 - Quarantine; department; powers.

54-2314.
Quarantine; department; powers.
(1) In order to prevent, suppress, control, and eradicate dangerous transmissible diseases among the domesticated cervine animals of this state, the department may place in quarantine any county, or part of any county, any private premises, or any private or public stockyards and may quarantine any domesticated cervine animal infected with such disease or which has been or is suspected of having been exposed to such disease. Such animals shall remain under quarantine until released by the department. An infected animal may be destroyed as provided in the Animal Health and Disease Control Act.
(2) The department may regulate or prohibit the arrival into, departure from, and movement within the state of any domesticated cervine animal infected with a dangerous transmissible disease or exposed or suspected of having been exposed to such disease.
Source
Laws 1999, LB 404, § 13;
Laws 2020, LB344, § 77.
Cross References
Animal Health and Disease Control Act, see section 54-2901.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-2315 - Cost of testing.

54-2315.
Cost of testing.
When testing of domesticated cervine animals is performed pursuant to an order by the department, the owners of such animals are responsible for the cost of gathering, confining, restraining, and testing such animals and for providing the necessary facilities and assistance.
Source
Laws 1999, LB 404, § 14.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-2316 - Escape; recapture or destroy animal.

54-2316.
Escape; recapture or destroy animal.
(1) Any permitholder under the Domesticated Cervine Animal Act shall, within twenty-four hours after the discovery of the escape of any such animals, notify the department, which shall immediately notify the commission, of such escape.
(2) It is the responsibility of the permitholder to recapture or destroy any escaped domesticated cervine animal within five days.
(3) If the permitholder is unwilling or unable to capture any escaped domesticated cervine animal within five days after the discovery of such escape, the commission may destroy such escaped animals. The commission may, on a case-by-case basis, extend the number of days for a permitholder to recapture or destroy any escaped domesticated cervine animal.
(4) Any escaped domesticated cervine animal known to have originated from an area placed under quarantine by the department pursuant to section 54-2314 may be destroyed by the commission upon notice of the escape of such animal.
(5) Any expenses incurred by the department or the commission to recapture or destroy escaped domesticated cervine animals shall be assessed to the permitholder. The department and the commission shall not be held liable for the value of any domesticated cervine animal destroyed under this section.
Source
Laws 1999, LB 404, § 15.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-2317 - Wild cervidae; duties upon discovery.

54-2317.
Wild cervidae; duties upon discovery.
Any permitholder under the Domesticated Cervine Animal Act shall, within twenty-four hours after the discovery of wild cervidae in a domesticated cervine animal facility, notify the commission and the department of such occurrence. The commission shall adopt policies providing for the disposition of wild cervidae found in a domesticated cervine animal facility and shall consult with the department before removal of such animals from the facility.
Source
Laws 1999, LB 404, § 16.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-2318 - Rules and regulations.

54-2318.
Rules and regulations.
The department may adopt and promulgate rules and regulations for the testing, control, and eradication of diseases, including, but not limited to, chronic wasting disease, brucellosis, and tuberculosis in domesticated cervine animal herds in the state. The rules and regulations may include, but are not limited to, provisions governing:
(1) Testing, test results, and test subjects;
(2) Intrastate change of ownership, including provisions requiring all domesticated cervine breeding animals to be tested or originate from a herd which is in a herd certification program as established by the department under section 54-2319; and
(3) Any other issues deemed necessary by the department to effectively control and eradicate diseases.
Source
Laws 1999, LB 404, § 17.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-2319 - Herd certification program authorized.

54-2319.
Herd certification program authorized.
In addition to administering the Domesticated Cervine Animal Act and conducting program activities authorized by the act, the department may develop a herd certification program and may cooperate with the United States Government, or any department, agency, or officer thereof, in the development of such program, including the adoption of or reference to applicable federal regulations or industry guidelines.
Source
Laws 1999, LB 404, § 18.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-2320 - Domesticated Cervine Animal Cash Fund; created; use; investment.

54-2320.
Domesticated Cervine Animal Cash Fund; created; use; investment.
The department may assess and collect costs and fees for services provided, fees assessed, and expenses incurred pursuant to its responsibilities under the Domesticated Cervine Animal Act. All costs and fees assessed and collected pursuant to the act shall be remitted to the State Treasurer for credit to the Domesticated Cervine Animal Cash Fund, which fund is hereby created. The fund shall be utilized by the department for the purpose of carrying out the 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 1999, LB 404, § 19;
Laws 2016, LB909, § 11.
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 › 54-2321 - Administration of act.

54-2321.
Administration of act.
In administering the Domesticated Cervine Animal Act, the agents and employees of the department:
(1) Shall have access, upon notification, to any premises where domesticated cervine animals may be for the purpose of implementing the rules and regulations adopted and promulgated under the act; and
(2) May enter any premises occupied by a permitholder at any reasonable time to examine books and records maintained by the permitholder. Such books and records shall be maintained by the permitholder for review for five years after the death or disposal of any domesticated cervine animal from the facility.
Source
Laws 1999, LB 404, § 20.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-2322 - Commission; access to premises.

54-2322.
Commission; access to premises.
The commission shall have access, upon notification, to any premises where domesticated cervine animals may be for the purpose of assessing or removing populations of wild cervidae.
Source
Laws 1999, LB 404, § 21;
Laws 2002, LB 1003, § 40.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-2323 - Enforcement of act; violations; penalties.

54-2323.
Enforcement of act; violations; penalties.
(1) In order to insure compliance with the Domesticated Cervine Animal Act, the department may apply for a temporary restraining order, a temporary or permanent injunction, or a mandatory injunction against any person violating or threatening to violate the act or the rules and regulations adopted and promulgated under the act. The district court of the county where the violation is occurring or is about to occur has jurisdiction to grant such relief upon good cause shown. Relief may be granted notwithstanding the existence of any other remedy at law and shall be granted without bond.
(2) The Attorney General or the county attorney of the county in which violations of the act, rules, or regulations are occurring or about to occur shall, when notified of such violation or threatened violation, cause appropriate proceedings under subsection (1) of this section to be instituted and pursued without delay.
(3) Any person who violates the Domesticated Cervine Animal Act or any rules or regulations adopted and promulgated pursuant to the act is guilty of a Class IV misdemeanor for the first offense and a Class II misdemeanor for each subsequent offense.
Source
Laws 1999, LB 404, § 22.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-2324 - Act; how construed.

54-2324.
Act; how construed.
Nothing in the Domesticated Cervine Animal Act shall be construed to authorize any person to import, own, or possess any species of cervine animal the importation or possession of which is prohibited under section 37-524 and the rules and regulations promulgated thereunder.
Source
Laws 2002, LB 1003, § 39.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-2416 - Act, how cited.

54-2416.
Act, how cited.
Sections 54-2416 to 54-2438 shall be known and may be cited as the Livestock Waste Management Act.
Source
Laws 1998, LB 1209, § 1;
Laws 1999, LB 822, § 7;
Laws 2003, LB 619, § 15;
R.S.Supp.,2003, § 54-2401;
Laws 2004, LB 916, § 5;
Laws 2006, LB 975, § 1.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-2418 - Department; duties.

54-2418.
Department; duties.
The department shall (1) administer the animal feeding operation permitting program in accordance with the National Pollutant Discharge Elimination System of the federal Clean Water Act, 33 U.S.C. 1251 et seq., through the Environmental Protection Act, the Livestock Waste Management Act, and the rules and regulations adopted and promulgated pursuant to such acts and (2) administer the state program for construction and operating permits and major modification approval for animal feeding operations and livestock waste control facilities provided under the Environmental Protection Act, the Livestock Waste Management Act, and the rules and regulations adopted and promulgated pursuant to such acts.
Source
Laws 2004, LB 916, § 7;
Laws 2006, LB 975, § 3.
Cross References
Environmental Protection Act, see section 81-1532.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-2419 - Permits; approval; conditions; restrictions.

54-2419.
Permits; approval; conditions; restrictions.
(1) No new animal feeding operation shall be issued a National Pollutant Discharge Elimination System permit or a construction and operating permit in any part of a watershed that feeds directly or indirectly into a cold water class A stream, delineated pursuant to section 54-2421.
(2) An existing animal feeding operation may not expand if its livestock waste control facility is located within one mile of a designated cold water class A stream segment delineated pursuant to section 54-2421 and the same cold water class A stream watershed as the animal feeding operation, except that an existing animal feeding operation used for research sponsored by the University of Nebraska at a facility owned by the University of Nebraska may expand if the department determines based on scientific information provided in the application or other available scientific information that the proposed expansion does not pose a potential threat to the stream.
(3) Existing animal feeding operations may receive a new or modified National Pollutant Discharge Elimination System permit, a new or modified construction and operating permit, a modified operating permit, or a modified construction approval if:
(a) The existing animal feeding operation does not currently have a National Pollutant Discharge Elimination System permit or a construction and operating permit and upon inspection by the department a determination is made that one is necessary;
(b) The existing animal feeding operation modifies its operation but does not expand its approved livestock waste control facility;
(c) The existing animal feeding operation's livestock waste control facility is located more than two miles from a designated cold water class A stream segment delineated pursuant to section 54-2421 and in the same cold water class A stream watershed as the animal feeding operation; or
(d) The existing animal feeding operation or livestock waste control facility is located less than two miles but more than one mile from a cold water class A stream delineated pursuant to section 54-2421, and the department determines based on scientific information provided in the application or other available scientific information that the proposed expansion does not pose a potential threat to the stream.
(4) The department may deny or restrict an application for a transfer or major modification of an existing National Pollutant Discharge Elimination System permit or a construction and operating permit based upon the potential degradation of a cold water class A stream.
Source
Laws 1998, LB 1209, § 4;
Laws 1999, LB 822, § 8;
Laws 1999, LB 870, § 7;
R.S.Supp.,2002, § 54-2404;
Laws 2004, LB 916, § 8;
Laws 2006, LB 975, § 4.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-2420 - Section; how construed.

54-2420.
Section; how construed.
Nothing in section 54-2419 shall be construed to change the zoning authority of a county that existed prior to May 25, 1999.
Source
Laws 1999, LB 822, § 10;
R.S.Supp.,2002, § 54-2404.01;
Laws 2004, LB 916, § 9.
Annotations
Because this section indicates that the Legislature did not intend to occupy the entire field of livestock waste management regulation and that the state requirements in the Livestock Waste Management Act were meant to coexist with local requirements, there is no field preemption of local laws by the Livestock Waste Management Act. Butler County Dairy v. Butler County, 285 Neb. 408, 827 N.W.2d 267 (2013).
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-2421 - Cold water class A streams; designation.

54-2421.
Cold water class A streams; designation.
A map delineating segments and watershed boundaries for cold water class A streams, as designated prior to May 25, 1999, and prepared by the Department of Environment and Energy and the Department of Natural Resources, shall be maintained by the Department of Environment and Energy and used by the department for determinations made concerning cold water class A streams and stream watersheds under the Livestock Waste Management Act unless changed by the council. Beginning on May 25, 1999, the council may designate and may redesignate previously designated waters of this state as cold water class A streams for purposes of the act based on the determination by the council that the waters provide or could provide habitat of sufficient water volume or flow, water quality, substrate composition, and water temperature capable of maintaining year-round populations of cold water biota, including reproduction of a salmonoid (trout) population. The council shall not designate or redesignate a stream as a cold water class A stream unless the stream has supported the reproduction of a salmonoid (trout) population within the previous five years. The department shall revise and maintain the cold water class A stream and stream watershed map to incorporate all designations and redesignations of the council.
Source
Laws 1999, LB 822, § 9;
Laws 2000, LB 900, § 242;
R.S.Supp.,2002, § 54-2404.02;
Laws 2004, LB 916, § 10;
Laws 2019, LB302, § 58.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-2422 - Inspection and construction and operating permit requirements; exemptions.

54-2422.
Inspection and construction and operating permit requirements; exemptions.
Animal feeding operations with animal capacity that is less than three hundred cattle, two hundred mature dairy cattle, seven hundred fifty swine weighing fifty-five pounds or more per head, three thousand swine weighing less than fifty-five pounds per head, one thousand five hundred ducks with liquid manure handling system, ten thousand ducks without liquid manure handling system, nine thousand chickens with liquid manure handling system, thirty-seven thousand five hundred chickens without liquid manure handling system, twenty-five thousand laying hens without liquid manure handling system, sixteen thousand five hundred turkeys, three thousand sheep, or one hundred fifty horses are exempt from the inspection and construction and operating permit requirements of the Environmental Protection Act, the Livestock Waste Management Act, and the rules and regulations adopted and promulgated by the council pursuant to such acts, unless the animal feeding operation has intentionally or negligently discharged pollutants to waters of the state or the department has determined that a discharge is more likely than not to occur.
Source
Laws 2004, LB 916, § 11;
Laws 2006, LB 975, § 5;
Laws 2009, LB56, § 2.
Cross References
Environmental Protection Act, see section 81-1532.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-2423 - Animal feeding operation; request inspection; when; fees; department; duties.

54-2423.
Animal feeding operation; request inspection; when; fees; department; duties.
(1) If any person owning or operating an animal feeding operation (a) does not hold a National Pollutant Discharge Elimination System permit, an operating permit, or a construction and operating permit or have construction approval, (b) has not been notified by the department that no National Pollutant Discharge Elimination System permit or construction and operating permit is required, or (c) is not exempt under section 54-2422, such person shall, on forms prescribed by the department, request the department to inspect such person's animal feeding operation to determine if a livestock waste control facility is required. If an inspection is requested prior to January 1, 1999, an inspection fee for such inspection shall not be assessed. For inspections requested on or after July 16, 2004, there shall be an inspection fee established by the council with a minimum fee of one hundred dollars and a maximum fee of five hundred dollars. Such fee may be set according to animal capacity.
(2) The department shall, in conjunction with natural resources districts and the Cooperative Extension Service of the University of Nebraska, publicize information to make owners and operators of affected animal feeding operations aware of the need to request an inspection.
(3) Any person required to request an inspection under this section who operates an animal feeding operation after January 1, 2000, without first submitting the request for inspection required under this section shall be assessed, except for good cause shown, a late fee of not less than fifty dollars nor more than five hundred dollars for each offense. Each month a violation continues shall constitute a separate offense. Exceptions to this provision are:
(a) An animal feeding operation exempted by the department from National Pollutant Discharge Elimination System permit requirements prior to July 16, 2004; or
(b) A livestock operation that became an animal feeding operation by enactment of the Livestock Waste Management Act as such act existed on July 16, 2004, but was not required to request an inspection prior to that date.
(4) A person meeting the provisions of subdivision (3)(b) of this section shall request an inspection prior to January 1, 2009, and pay fees required pursuant to subsection (1) of this section.
(5) Any person required to request an inspection under subsection (4) of this section who operates an animal feeding operation after December 31, 2008, shall be assessed, except for good cause shown, a late fee of not less than fifty dollars nor more than five hundred dollars for each offense. Each month a violation continues shall constitute a separate offense.
Source
Laws 1998, LB 1209, § 6;
Laws 1999, LB 870, § 8;
R.S.Supp.,2002, § 54-2406;
Laws 2004, LB 916, § 12;
Laws 2006, LB 975, § 6;
Laws 2007, LB677, § 1.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-2424 - Animal feeding operation; operating requirements; when.

54-2424.
Animal feeding operation; operating requirements; when.
Any animal feeding operation which was in existence on January 1, 2004, and does not have any permit on March 17, 2006, shall be subject, in addition to any other requirements of the Environmental Protection Act, Livestock Waste Management Act, and rules and regulations adopted and promulgated pursuant to such acts, to the same or substantially similar operating requirements as the requirements that existed on January 1, 2004.
Source
Laws 2004, LB 916, § 13;
Laws 2006, LB 975, § 7.
Cross References
Environmental Protection Act, see section 81-1532.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-2426 - Applications; contents.

54-2426.
Applications; contents.
Each application for a National Pollutant Discharge Elimination System permit or construction and operating permit shall include, in addition to other requirements, (1) a certification that the information contained in the application is accurate to the best of the applicant's knowledge and belief and that the applicant has the authority under the laws of the State of Nebraska to sign the application and (2) a completed nutrient management plan and supporting documentation unless such information has been previously submitted and is unchanged. The nutrient management plan shall be considered a part of the application. For National Pollutant Discharge Elimination System permits, the plan shall, at a minimum, meet and conform to the requirements of the National Pollutant Discharge Elimination System in the federal Clean Water Act, 33 U.S.C. 1251 et seq. A copy of the nutrient management plan and supporting documentation shall continuously be kept on file at the department. The operator shall at least annually update changes made to the nutrient management plan as required pursuant to rules and regulations adopted and promulgated by the council. For a construction and operating permit, the plan shall contain, at a minimum, the information which the department required to be included in all nutrient management plans on January 1, 2004.
Source
Laws 2004, LB 916, § 15;
Laws 2006, LB 975, § 9.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-2427 - Public participation; when.

54-2427.
Public participation; when.
Once the department has made a determination to approve or deny an application for a National Pollutant Discharge Elimination System permit, the department shall provide opportunities for public participation, including, but not limited to, public comment, opportunity for public hearing, and agency response to comments, which are at least as stringent as the requirements of the National Pollutant Discharge Elimination System in the federal Clean Water Act, 33 U.S.C. 1251 et seq.
Source
Laws 2004, LB 916, § 16.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-2430 - Surface water runoff; diversion requirements; increase in acreage limitation; conditions.

54-2430.
Surface water runoff; diversion requirements; increase in acreage limitation; conditions.
(1) Except as provided in this section, no new livestock waste control facility shall be constructed and no physical onsite activities specific to a new livestock waste control facility, except the use of a borrow site for construction of other components of the animal feeding operation, shall be initiated unless surface water runoff from the upstream area, except incidental runoff, is adequately diverted around the structure and is not permitted to enter the reservoir area. For purposes of this section, incidental runoff means the runoff that drains from the slope of the embankments, the top of the dam, the reservoir area, the feedlots, the associated roadways, and up to twenty-five acres of additional area that cannot be diverted. Incidental runoff capacity from a twenty-five-year frequency, twenty-four-hour storm shall be provided for in the waste reservoir in addition to the capacity required for the waste effluent or stored materials.
(2) The Department of Natural Resources shall permit a requested increase in the twenty-five-acre limitation for a new livestock waste control facility for an animal feeding operation for which an inspection was requested prior to January 1, 2000, unless the department determines that the detriment to existing water users that would result from permitting the acreage increase would outweigh the detriment to the operator of the animal feeding operation if the increase were not permitted.
(3) For other new livestock waste control facilities, the Department of Natural Resources may permit an increase in the twenty-five-acre limitation if it determines that (a) the applicant has no reasonable way to limit the amount of the additional runoff acreage to twenty-five acres or less at the proposed location of the livestock waste control facility, (b) the applicant has no reasonable alternative for relocating the livestock waste control facility so that the additional runoff acreage would not exceed twenty-five acres, and (c) either (i) an increase in the permitted runoff acreage would not reduce water supplies to the detriment of existing water users or (ii)(A) the requested facility is for a proposed expansion of an animal feeding operation in existence and in compliance with the Livestock Waste Management Act as of January 1, 2003, (B) the amount of the runoff acreage permitted in excess of the twenty-five-acre limitation is not more than fifteen percent of total permitted feedlot area, and (C) any detriment to existing water users that would result from permitting the acreage increase would be outweighed by the detriment to the operator of the animal feeding operation if the increase were not permitted.
Source
Laws 2003, LB 619, § 17;
R.S.Supp.,2003, § 54-2415;
Laws 2004, LB 916, § 19.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-2431 - Applications; rejection; when; disciplinary actions; grounds.

54-2431.
Applications; rejection; when; disciplinary actions; grounds.
(1) For purposes of this section:
(a) Applicant means the person who has applied for a National Pollutant Discharge Elimination System permit, a construction and operating permit, or a major modification of a National Pollutant Discharge Elimination System permit or construction and operating permit, but does not include any other person who is a relative, partner, member, shareholder, resident, parent company, subsidiary, or other affiliate of the applicant;
(b) Discharge violation means a discharge, found by the department after investigation, notice, and hearing, to have been caused intentionally or negligently by the applicant or permitholder; and
(c) Permitholder means the person who has received a National Pollutant Discharge Elimination System permit, a construction and operating permit, or a major modification of a National Pollutant Discharge Elimination System permit or construction and operating permit, but does not include any other person who is a relative, partner, member, shareholder, resident, parent company, subsidiary, or other affiliate of the permitholder.
(2) Notwithstanding the rules and regulations adopted and promulgated under subdivision (1)(e) of section 54-2435, the department may reject an application for a new National Pollutant Discharge Elimination System permit, an application for a new construction and operating permit, or an application for a major modification of a National Pollutant Discharge Elimination System permit or a construction and operating permit, and the department may revoke or suspend a National Pollutant Discharge Elimination System permit or construction and operating permit, upon a finding pursuant to subsection (3) of this section that the applicant or permitholder is unsuited to perform the obligations of a permitholder.
(3) The applicant or permitholder shall be determined unsuited to perform the obligations of a permitholder if the department finds, upon an investigation and hearing, that within the past five years the applicant or permitholder:
(a) Has committed three separate and distinct discharge violations at the same animal feeding operation in Nebraska owned or operated by the applicant or permitholder; or
(b) Has a criminal conviction for a violation of section 81-1506 or a felony criminal conviction for violation of the environmental law in any jurisdiction.
Source
Laws 2004, LB 916, § 20;
Laws 2006, LB 975, § 12;
Laws 2009, LB56, § 3.