reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-2432 - Acts prohibited.

54-2432.
Acts prohibited.
Except as provided in section 54-2422, it shall be unlawful for any person to:
(1) Construct or operate an animal feeding operation prior to an inspection from the department, unless exempted from inspection by the Environmental Protection Act, the Livestock Waste Management Act, or the rules and regulations adopted and promulgated by the council pursuant to such acts;
(2) Construct a livestock waste control facility without first obtaining a construction and operating permit from the department, unless exempted from the requirement for a construction and operating permit by the Environmental Protection Act, the Livestock Waste Management Act, or the rules and regulations adopted and promulgated by the council pursuant to such acts. The use of a borrow site for construction of other components of the animal feeding operation does not constitute construction of the livestock waste control facility;
(3) Operate an animal feeding operation prior to construction of an approved livestock waste control facility, unless exempted from the requirement for a livestock waste control facility by the Environmental Protection Act, the Livestock Waste Management Act, or the rules and regulations adopted and promulgated by the council pursuant to such acts;
(4) Discharge animal excreta, feed, bedding, spillage or overflow from the watering systems, wash and flushing waters, sprinkling water from livestock cooling, precipitation polluted by falling on or flowing onto an animal feeding operation, or other materials polluted by livestock waste in violation of or without first obtaining a National Pollutant Discharge Elimination System permit, a construction and operating permit, or an exemption from the department, if required by the Environmental Protection Act, the Livestock Waste Management Act, or the rules and regulations adopted and promulgated by the council pursuant to such acts; or
(5) Violate the terms of a National Pollutant Discharge Elimination System permit or construction and operating permit or any provision of the Livestock Waste Management Act and rules and regulations adopted and promulgated by the council pursuant to the act.
Source
Laws 2004, LB 916, § 21;
Laws 2006, LB 975, § 13.
Cross References
Environmental Protection Act, see section 81-1532.
Annotations
By enacting legislation that made it unlawful to discharge livestock waste without obtaining the appropriate permits or an exemption, the Legislature acknowledged that livestock waste is a potentially harmful substance that must be handled properly. Butler County Dairy v. Butler County, 285 Neb. 408, 827 N.W.2d 267 (2013).
By enacting legislation that made it unlawful to operate an animal feeding operation without having an approved livestock waste control facility, the Legislature acknowledged that livestock waste is a potentially harmful substance that must be handled properly. Butler County Dairy v. Butler County, 285 Neb. 408, 827 N.W.2d 267 (2013).
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-2433 - Department; contracts authorized.

54-2433.
Department; contracts authorized.
In carrying out its responsibilities under the Livestock Waste Management Act, the department may contract with the various natural resources districts as appropriate. The contract may include all tasks or duties necessary to carry out the act but shall not enable the natural resources districts to issue National Pollutant Discharge Elimination System permits or construction and operating permits or initiate enforcement proceedings. The contract may provide for payment of natural resources districts' costs by the department.
Source
Laws 1998, LB 1209, § 11;
Laws 1999, LB 870, § 12;
R.S.Supp.,2002, § 54-2411;
Laws 2004, LB 916, § 22;
Laws 2006, LB 975, § 14.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-2434 - Enforcement of act; legislative intent.

54-2434.
Enforcement of act; legislative intent.
It is the intent of the Legislature that in enforcing the provisions of the Livestock Waste Management Act the department shall give priority to the larger animal feeding operations in the state.
Source
Laws 1998, LB 1209, § 14;
R.S.1943, (1998), § 54-2414;
Laws 2004, LB 916, § 23.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-2436 - Reinstatement of operating permit; conditions; fee.

54-2436.
Reinstatement of operating permit; conditions; fee.
(1) Any person who held an operating permit on December 31, 2005, and whose permit expired pursuant to rules and regulations may file a request for reinstatement of the operating permit subject to the following conditions:
(a) The request must be filed on or before December 31, 2007;
(b) The person shall certify that the livestock operation is in compliance with the operating permit as it existed on the date the operating permit expired; and
(c) The request shall be accompanied by a twenty-five-dollar nonrefundable filing fee.
(2) The department shall, upon receipt of a complete and timely request for reinstatement, reinstate the permit with the same conditions as existed when the permit expired.
Source
Laws 2006, LB 975, § 16.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-2437 - Conditional use permit or special exception; county planning commission or county board; powers.

54-2437.
Conditional use permit or special exception; county planning commission or county board; powers.
(1) A county planning commission or county board shall grant a conditional use permit or special exception to an existing animal feeding operation seeking to construct or modify a livestock waste control facility if the purpose is to comply with federal or state regulations pertaining to livestock waste management, the operation has complied with inspection requirements pursuant to section 54-2423, and the construction or modification of the livestock waste control facility will not increase the animal capacity of such operation. The number of conditional use permits or special exceptions granted to such an operation under this subsection is unlimited.
(2) A county planning commission or county board shall grant a conditional use permit or special exception to an existing beef cattle or dairy cattle animal feeding operation that has an animal capacity of five thousand or fewer beef cattle or three thousand five hundred or fewer dairy cattle that is seeking to construct or modify a livestock waste control facility if the purpose is to comply with federal or state regulations pertaining to livestock waste management, the operation has complied with inspection requirements pursuant to section 54-2423, and construction or modification of the livestock waste control facility would allow the animal capacity of the operation to increase not more than:
(a) Five hundred beef cattle if the operation has an existing animal capacity of three thousand beef cattle or fewer;
(b) Three hundred beef cattle if the operation has an existing animal capacity of more than three thousand beef cattle but no more than five thousand beef cattle;
(c) Three hundred fifty dairy cattle if the operation has an existing animal capacity of two thousand dairy cattle or fewer; or
(d) Two hundred ten dairy cattle if the operation has an existing animal capacity of more than two thousand dairy cattle but no more than three thousand five hundred dairy cattle.
Only one conditional use permit or special exception per operation is allowed under this subsection.
Source
Laws 2006, LB 975, § 17.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-2438 - Major modification; applications; contents.

54-2438.
Major modification; applications; contents.
Each application for a major modification of an operating permit, a construction approval, a construction and operating permit, or a National Pollutant Discharge Elimination System permit or an application for a construction and operating permit or a National Pollutant Discharge Elimination System permit shall contain (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, (2) a detailed description of the major modification requested, (3) a completed nutrient management plan and supporting documentation unless such information has been previously submitted and is unchanged, and (4) such information as required by rules and regulations adopted and promulgated by the council.
Source
Laws 2006, LB 975, § 18.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-2502 - Purpose of act.

54-2502.
Purpose of act.
The purpose of the Controlled Substances Animal Welfare Act is to allow animal welfare organizations to obtain proper controlled substances for the purpose of humane euthanasia of seized, stray, injured, sick, homeless, abandoned, or unwanted domesticated and nondomesticated or wild animals.
Source
Laws 1999, LB 573, § 2.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-2503 - Terms, defined.

54-2503.
Terms, defined.
For purposes of the Controlled Substances Animal Welfare Act:
(1) Animal welfare organization means a Nebraska nonprofit corporation whose purpose is promoting the welfare, protection, and humane treatment of animals, and whose activities may include the seizure, impoundment, boarding, or kenneling of stray, injured, sick, homeless, abandoned, or unwanted animals;
(2) Euthanizing drug means sodium pentobarbital or any controlled substance used for the purpose of humane euthanasia of seized, stray, injured, sick, homeless, abandoned, or unwanted animals; and
(3) Veterinarian means a person authorized by law to practice veterinary medicine in this state.
Source
Laws 1999, LB 573, § 3.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-2504 - Collaborating veterinarian agreement; required; when; contents.

54-2504.
Collaborating veterinarian agreement; required; when; contents.
Possession and administration of a euthanizing drug by an animal welfare organization shall be pursuant to a collaborating veterinarian agreement. A collaborating veterinarian agreement is between a veterinarian and an animal welfare organization and includes:
(1) Designation of the responsible individual or individuals for the animal welfare organization;
(2) Provisions for the proper storage and inventory of the euthanizing drugs;
(3) Maintenance of effective controls against the diversion of such drugs;
(4) Provisions for proper training of any animal welfare organization staff whose duties include administering a euthanizing drug. Such training includes information in at least the following areas: The pharmacology, proper administration, and storage of euthanizing drugs; federal and state laws regulating the storage and inventory of euthanizing drugs; stress management; and proper disposal of euthanized animals; and
(5) Maintenance of a valid veterinary-client-patient relationship.
Pursuant to a collaborating veterinarian agreement, a veterinarian shall maintain a separate registration under section 28-408 at the principal place of business of the animal welfare organization.
Source
Laws 1999, LB 573, § 4.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-2505 - Liability.

54-2505.
Liability.
If a veterinarian assists an animal welfare organization in obtaining euthanizing drugs pursuant to a collaborating veterinarian agreement authorized by the Controlled Substances Animal Welfare Act, such veterinarian is not liable for any acts or omissions on the part of the animal welfare organization, except that disciplinary action may be taken against the separate registration pursuant to section 28-409. The animal welfare organization is liable under the Uniform Controlled Substances Act for acts or omissions on the part of its staff members.
Source
Laws 1999, LB 573, § 5.
Cross References
Uniform Controlled Substances Act, see section 28-401.01.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-2506 - Insurance required.

54-2506.
Insurance required.
No animal welfare organization shall accept controlled substances under a collaborating veterinarian agreement unless, at the time of the acceptance, it has in effect third-party liability insurance covering damages resulting from the improper handling or control of controlled substances.
Source
Laws 1999, LB 573, § 6.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-2601 - Act, how cited.

54-2601.
Act, how cited.
Sections 54-2601 to 54-2631 shall be known and may be cited as the Competitive Livestock Markets Act.
Source
Laws 1999, LB 835, § 1;
Laws 2006, LB 856, § 25;
Laws 2016, LB176, § 1.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-2602 - Terms, defined.

54-2602.
Terms, defined.
For purposes of the Competitive Livestock Markets Act:
(1) Animal unit means one head of cattle, three calves under four hundred fifty pounds, or five swine;
(2) Contract swine operation means a livestock operation in which swine owned or controlled by a packer are produced according to a written agreement that does not contain a confidentiality clause and that is agreed to by the packer and a person other than the packer who owns, leases, or holds a legal interest in the livestock operation;
(3) Department means the Department of Agriculture;
(4) Director means the Director of Agriculture or his or her designee;
(5) Livestock means live cattle or swine;
(6) Livestock operation means a location, including buildings, land, lots, yard corrals, and improvements, adapted to and utilized for the purpose of feeding, keeping, or otherwise providing for the care and maintenance of livestock;
(7) Packer means a person, or agent of such person, engaged in the business of slaughtering livestock in Nebraska in excess of one hundred fifty thousand animal units per year; and
(8) Person includes individuals, firms, associations, limited liability companies, and corporations and officers or limited liability company members thereof.
Source
Laws 1999, LB 835, § 2;
Laws 2016, LB176, § 2.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-2604 - Packers; acts prohibited.

54-2604.
Packers; acts prohibited.
(1) Except as provided in subsection (2) of this section, a packer shall not:
(a) Directly or indirectly own, control, or operate a livestock operation in this state; or
(b) Directly or indirectly be engaged in the ownership, keeping, or feeding of livestock, other than temporary ownership, keeping, and feeding not to exceed fourteen days which is necessary and incidental to, and immediately prior to, the process of slaughter.
(2) Subdivision (1)(b) of this section does not apply to the ownership, keeping, or feeding of swine by a packer at one or more contract swine operations in this state if the packer does not own, keep, or feed swine in this state except for the purpose of the slaughtering of swine or the manufacturing or preparation of carcasses of swine or goods originating from the carcasses in one or more processing facilities owned or controlled by the packer. Any agreement that establishes such a contract swine operation shall be subject to section 54-2604.01.
(3) For purposes of this section, indirectly own, control, or operate a livestock operation and indirectly be engaged in the ownership, keeping, or feeding of livestock includes:
(a) Receiving the net revenue or a share of the net revenue derived from a livestock operation or from a person who contracts for the care and feeding of livestock in this state, unless the packer is not involved in the management of the livestock operation;
(b) Assuming a morbidity or mortality production risk if the livestock are fed or otherwise maintained as part of a livestock operation in this state, unless the packer is not involved in the management of the livestock operation; and
(c) Loaning money for or guaranteeing, acting as a surety for, or otherwise financing a livestock operation in this state or a person who contracts for the care and feeding of livestock in this state. For purposes of this subdivision, loaning money for or guaranteeing, acting as a surety for, or otherwise financing a livestock operation does not include executing a contract for the purchase of livestock by a packer, including, but not limited to, forward contracts, marketing agreements, long-term arrangements, formula arrangements, other noncash sales arrangements, contracts that contain a ledger balance unsecured by collateral of the debtor or other price-risk-sharing arrangements, or providing an open account or loan unsecured by collateral of the debtor or a ledger balance or loan secured by collateral of the debtor so long as the amount due from the debtor does not exceed one million dollars.
Source
Laws 1999, LB 835, § 4;
Laws 2016, LB176, § 3.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-2605 - Violations by packer; enforcement; penalty.

54-2605.
Violations by packer; enforcement; penalty.
Whenever the Attorney General has reason to believe that a packer is violating section 54-2604, he or she shall commence an action in district court to enjoin the livestock operation. The court, upon determination that such packer is in violation of section 54-2604, shall order such livestock to be removed and sold and shall assess the packer a fine of not less than one thousand dollars for each day of violation.
Source
Laws 1999, LB 835, § 5.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-2606 - Packer violation; proceeds of livestock sale; fines; distribution.

54-2606.
Packer violation; proceeds of livestock sale; fines; distribution.
The proceeds from any livestock ordered to be sold pursuant to section 54-2605 shall not be distributed until all fines and costs associated with such action have been paid. All money collected as a fine shall be remitted to the State Treasurer for credit to the permanent school fund. All fines levied under this section remaining unpaid shall constitute a debt to the State of Nebraska which may be collected by lien foreclosure or sued for and recovered in any proper form of action, in the name of the State of Nebraska, in the district court of the county in which the violation occurred.
Source
Laws 1999, LB 835, § 6.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-2607 - Sales of swine; packers; prohibited acts.

54-2607.
Sales of swine; packers; prohibited acts.
Except as provided in sections 54-2608 and 54-2609, it is unlawful for a packer purchasing or entering into a contract to purchase swine to pay or enter into a contract to pay different prices to the sellers of the swine. This section shall not be construed to mean that a price or payment method must remain fixed throughout any marketing period.
Source
Laws 1999, LB 835, § 7.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-2608 - Sales of swine; authorized; when.

54-2608.
Sales of swine; authorized; when.
Section 54-2607 does not apply to any direct, spot, or cash purchase of swine if the following requirements are met:
(1) The difference in price is based on: (a) A payment method specifying prices paid for criteria relating to carcass merit; or (b) actual and quantifiable costs related to transporting and acquiring the swine by the packer; and
(2) After making the payment to a seller, the packer reports the payment information required under section 54-2613, including the payment method specifying prices paid for criteria relating to carcass merit and transportation and acquisition costs.
Source
Laws 1999, LB 835, § 8.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-2609 - Sales of swine; contracts allowed; conditions.

54-2609.
Sales of swine; contracts allowed; conditions.
Section 54-2607 does not apply to any contract to purchase swine at a certain date or time if the following requirements are met:
(1) The difference in price is based on: (a) A payment method specifying prices paid for criteria relating to carcass merit; or (b) actual and quantifiable costs related to transporting and acquiring the swine by the packer;
(2) The packer reports the payment information required under section 54-2613, including the payment method specifying prices paid for criteria relating to carcass merit and transportation and acquisition costs;
(3) The packer reports the information required under section 54-2613, including the price to be paid for swine to be delivered on specified delivery dates or times; and
(4) An offer to enter into a contract for the delivery of swine, according to the same terms and conditions, is made to other sellers.
Source
Laws 1999, LB 835, § 9.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-2612 - Sales of swine; violation; penalty.

54-2612.
Sales of swine; violation; penalty.
Any packer acting in violation of section 54-2607 is guilty of a Class IV misdemeanor and shall be fined five hundred dollars per violation.
Source
Laws 1999, LB 835, § 12.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-2613 - Sales of swine; packer; reporting requirements.

54-2613.
Sales of swine; packer; reporting requirements.
Beginning February 15, 2000, a packer shall, two times each day during which swine are purchased, report to the department and to the United States Department of Agriculture, agricultural market service livestock news branch, all swine that are purchased in the cash, spot, or direct market since the last report. A packer shall, one time each day during which swine are purchased, report to the department and to the United States Department of Agriculture, agricultural market service livestock news branch, all swine that are purchased by contract that day. Such reports shall be completed on forms prepared by the department, in consultation with the agricultural market service livestock news branch, and shall include:
(1) The cash price paid and the number of swine purchased in the cash, spot, or direct market at price intervals representative of the day's trade;
(2) The base price paid and premium and discount payment adjustments for quality characteristics including grade, yield, and backfat;
(3) Base price and premium and discount factors for swine purchased using a formula-based pricing system; and
(4) The number of swine purchased under contract, in which the date of delivery is set for more than fourteen days after the making of the contract, and the base price to be paid or the formula that will be used to determine the base price to be paid.
The report shall not include information regarding the identity of a seller.
Source
Laws 1999, LB 835, § 13.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-2614 - Sales of swine; reports available to public; department; duty.

54-2614.
Sales of swine; reports available to public; department; duty.
The department shall make report information received under section 54-2613 available to the public in a timely manner to permit the use of the information while it is still relevant.
Source
Laws 1999, LB 835, § 14.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-2615 - Sales of swine; packer; failure to make reports; false information; penalties.

54-2615.
Sales of swine; packer; failure to make reports; false information; penalties.
The failure of a packer to report information to the department as required in section 54-2613 is punishable by a civil penalty not to exceed one thousand dollars for each day that a complete report is not made available to the department. The intentional reporting of false information by a packer in the report to the department required in section 54-2613 is a Class IV misdemeanor.
Source
Laws 1999, LB 835, § 15.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-2616 - Sales of swine; enforcement of provisions; restraining order.

54-2616.
Sales of swine; enforcement of provisions; restraining order.
The Attorney General shall enforce the provisions of sections 54-2607 to 54-2615, and the director shall refer any violations of these provisions to the Attorney General. The Attorney General or any person injured by a violation of these provisions may bring an action in district court to restrain a packer from violating these provisions.
Source
Laws 1999, LB 835, § 16.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-2617 - Sales of cattle; packer; prohibited acts.

54-2617.
Sales of cattle; packer; prohibited acts.
It is unlawful for a packer to enter into a contract to purchase cattle for slaughter if:
(1) The contract specifies that the seller is not allowed to report the terms of the contract; or
(2) The date of delivery of such cattle is not specified.
Source
Laws 1999, LB 835, § 17.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-2618 - Sales of cattle; contracts allowed; conditions.

54-2618.
Sales of cattle; contracts allowed; conditions.
Section 54-2617 does not apply to any contract to purchase cattle for slaughter if the following conditions are met:
(1) The contract to purchase cattle for slaughter specifies the month of delivery and allows the seller to set the week for delivery within such month; and
(2) The packer reports the contract information as required under section 54-2623, including specified delivery dates or times.
Source
Laws 1999, LB 835, § 18.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-2619 - Sales of cattle; pricing mechanisms; restrictions.

54-2619.
Sales of cattle; pricing mechanisms; restrictions.
It is unlawful for a packer to enter into a contract to purchase cattle for slaughter using a formula or grid pricing mechanism if the packer fails to negotiate a base price prior to the cattle being committed or scheduled for slaughter.
Source
Laws 1999, LB 835, § 19.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-2620 - Sales of cattle; contract voidable by seller.

54-2620.
Sales of cattle; contract voidable by seller.
Any contract to purchase cattle for slaughter that is in violation of section 54-2617 or 54-2619 is voidable by the seller.
Source
Laws 1999, LB 835, § 20.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-2621 - Sales of cattle; recovery of damages.

54-2621.
Sales of cattle; recovery of damages.
A seller may bring an action against any packer violating section 54-2617 or 54-2619 to recover damages sustained by reason of such violation.
Source
Laws 1999, LB 835, § 21.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-2622 - Sales of cattle; violation; penalty.

54-2622.
Sales of cattle; violation; penalty.
Any packer acting in violation of section 54-2617 or 54-2619 shall be guilty of a Class IV misdemeanor and shall be fined five hundred dollars per violation.
Source
Laws 1999, LB 835, § 22.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-2623 - Sales of cattle; packer; reporting requirements.

54-2623.
Sales of cattle; packer; reporting requirements.
Beginning February 15, 2000, a packer shall, two times each day during which cattle are purchased, report to the department and to the United States Department of Agriculture, agricultural market service livestock news branch, all cattle that are purchased in the cash, spot, or direct market since the last report. A packer shall, one time each day during which cattle are purchased, report to the department and to the United States Department of Agriculture, agricultural market service livestock news branch, all cattle that are purchased by contract that day. Such reports shall be completed on forms prepared by the department, in consultation with the agricultural market service livestock news branch, and shall include:
(1) The cash price paid and the number of cattle purchased at price intervals representative of the day's trade;
(2) Quality characteristics, including sex of the cattle, estimated percentage of the meat which will be graded choice or better upon inspection based upon the United States Department of Agriculture official grades, and estimated live weight, as well as premium and discount factors that may apply to these characteristics;
(3) Base price and premium and discount factors for cattle purchased using a formula or grid pricing mechanism; and
(4) The delivery month, volume, and applicable basis level for all cattle purchased under basis contract.
The report shall not include information regarding the identity of a seller.
Source
Laws 1999, LB 835, § 23.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-2624 - Sales of cattle; reports available to public; department; duty.

54-2624.
Sales of cattle; reports available to public; department; duty.
The department shall make report information received under section 54-2623 available to the public in a timely manner to permit the use of the information while it is still relevant.
Source
Laws 1999, LB 835, § 24.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-2625 - Sales of cattle; packer; failure to make reports; false information; penalties.

54-2625.
Sales of cattle; packer; failure to make reports; false information; penalties.
The failure of a packer to report information to the department as required in section 54-2623 is punishable by a civil penalty not to exceed one thousand dollars for each day that a complete report is not made available to the department. The intentional reporting of false information by a packer in the report to the department required in section 54-2623 is a Class IV misdemeanor.
Source
Laws 1999, LB 835, § 25.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-2626 - Sales of cattle; enforcement of provisions; restraining order.

54-2626.
Sales of cattle; enforcement of provisions; restraining order.
The Attorney General shall enforce the provisions of sections 54-2617 to 54-2625, and the director shall refer any violations of these provisions to the Attorney General. The Attorney General or any person injured by a violation of these provisions may bring an action in district court to restrain a packer from violating these provisions.
Source
Laws 1999, LB 835, § 26.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-2627 - Fee per animal unit; department assess.

54-2627.
Fee per animal unit; department assess.
The department shall assess a fee not to exceed two cents per animal unit reported under sections 54-2613 and 54-2623 as direct-purchased or contract-purchased.
Source
Laws 1999, LB 835, § 27.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-2627.01 - Preemption by federal Livestock Mandatory Reporting Act of 1999; legislative findings; purpose of act; director; duties.

54-2627.01.
Preemption by federal Livestock Mandatory Reporting Act of 1999; legislative findings; purpose of act; director; duties.
(1) Sections 54-2607 to 54-2627 are preempted by the federal Livestock Mandatory Reporting Act of 1999, 7 U.S.C. 1635 to 1636h, when such federal act is in effect.
(2) The Legislature finds that the mandatory reporting of price and other terms in negotiated or contract procurement of livestock that has been in place under the federal Livestock Mandatory Reporting Act of 1999 is an important reform of livestock markets that contributes to greater market transparency, enhances the ability of livestock sellers to more competently and confidently market livestock, and lessens the existence of conditions under which market price manipulation and unfair preference or advantage in packer procurement practices can occur. It is a purpose of the Competitive Livestock Markets Act to provide for the continuation of mandatory price reporting for the benefit of Nebraska producers and protection of the integrity of livestock markets in Nebraska in the event of termination of the federal Livestock Mandatory Reporting Act of 1999 and its preemption of similar state price reporting laws as well as to provide for an orderly implementation of the state price reporting system authorized by the Competitive Livestock Markets Act, should Congress fail to reauthorize the federal Livestock Mandatory Reporting Act of 1999.
(3)(a) If Congress does not reauthorize the federal Livestock Mandatory Reporting Act of 1999 before December 1, 2006, the director shall, on December 1, 2006, or as soon before or after as practicable, prepare a budget and an appropriation request from the General Fund, from the Competitive Livestock Markets Cash Fund, or from other cash funds under the control of the director, for submission to the Legislature in an amount sufficient to enable the department to carry out its duties under sections 54-2607 to 54-2627, and such sections shall become applicable on October 1, 2007.
(b) If, on or after December 1, 2006, Congress does not reauthorize the federal Livestock Mandatory Reporting Act of 1999, the director shall prepare such budget and appropriation request on or before a date that is twelve calendar months after the date such federal act expires or is terminated, and sections 54-2607 to 54-2627 shall become applicable on the first day of the calendar quarter that is eighteen months after the date such sections are not preempted by the federal act. No General Funds shall be appropriated for implementation of sections 54-2607 to 54-2627 after the date of commencement provided for in this section of reporting of price and other data regarding livestock transactions pursuant to sections 54-2613 and 54-2623. It is the intent of the Legislature that any General Funds appropriated for purposes of this section shall be reimbursed to the General Fund.
Source
Laws 2006, LB 856, § 27;
Laws 2016, LB176, § 5.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-2628 - Competitive Livestock Markets Cash Fund; created; use; investment.

54-2628.
Competitive Livestock Markets Cash Fund; created; use; investment.
The Competitive Livestock Markets Cash Fund is created. The fund shall be administered by the department. The fund shall consist of investigative and enforcement expense assessments against violators of the Competitive Livestock Markets Act and fees paid by a packer pursuant to section 54-2627. The money in the fund shall be used to defray the investigative, enforcement, and reporting expenses of the department in administering 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 835, § 28.
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 › 54-2630 - Attorney General; enforcement powers.

54-2630.
Attorney General; enforcement powers.
The Attorney General, for the enforcement of the Competitive Livestock Markets Act, shall have the authority to subpoena witnesses, compel their attendance, examine them under oath, and require the production of documents, records, or tangible things deemed relevant to the proper performance of his or her duties. Service of any subpoena shall be made in the manner prescribed by the rules of civil procedure.
Source
Laws 1999, LB 835, § 30.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-2631 - Attorney General; reciprocal agreements; authorized.

54-2631.
Attorney General; reciprocal agreements; authorized.
The Attorney General shall have the power and authority to enter into reciprocal agreements with the duly authorized representatives of other jurisdictions, federal or state, for the exchange of information on a cooperative basis which may assist in the proper administration of the Competitive Livestock Markets Act.
Source
Laws 1999, LB 835, § 31.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-2757 - Scrapie Control Cash Fund; created; use; investment; termination.

54-2757.
Scrapie Control Cash Fund; created; use; investment; termination.
The Scrapie Control 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 utilized for the purpose of carrying out the Scrapie 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 2003, LB 158, § 57;
Laws 2020, LB344, § 78.
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 › 54-2801 - Legislative findings; act, how cited.

54-2801.
Legislative findings; act, how cited.
(1) Sections 54-2801 to 54-2805 shall be known and may be cited as the Livestock Growth Act.
(2) The Legislature finds that livestock production has traditionally served a significant role in the economic vitality of rural areas of the state and in the state's overall economy and that the growth and vitality of the state's livestock sector are critical to the continued prosperity of the state and its citizens. The Legislature further finds that a public interest exists in assisting efforts of the livestock industry and rural communities to preserve and enhance livestock development as an essential element of economic development and that a need exists to provide aid, resources, and assistance to rural communities and counties seeking opportunities in the growth of livestock production. It is the intent of the Legislature to seek reasonable means to nurture and support the livestock sector of this state.
Source
Laws 2003, LB 754, § 1;
Laws 2015, LB175, § 1.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-2802 - Director of Agriculture; duties; designation of livestock friendly county; process; county board; powers.

54-2802.
Director of Agriculture; duties; designation of livestock friendly county; process; county board; powers.
(1) The Director of Agriculture shall establish a process, including criteria and standards, to recognize and assist efforts of counties to maintain or expand their livestock sector. A county that meets the criteria may apply to the director to be designated a livestock friendly county. A county may remove itself from the process at any time. Such criteria and standards may include, but are not limited to, the following factors: Consideration of the diversity of activities currently underway or being initiated by counties; a formal expression of interest by a county board, by a duly enacted resolution following a public hearing, in developing the livestock production and processing sectors of such county's economy; an assurance that such county intends to work with all other governmental jurisdictions within its boundaries in implementing livestock development within the county; flexible and individual treatment allowing each county to design its own development program according to its own timetable; and a commitment to compliance with the Livestock Waste Management Act.
(2) The designation of any county or counties as a livestock friendly county shall not be an indication nor shall it suggest that any county that does not seek or obtain such a designation is not friendly to livestock production.
(3) In order to assist any county with information and technology, the Department of Agriculture shall establish a resource database to provide, upon written request of the county zoning authority or county board, information sources that may be useful to the county in evaluating and crafting livestock facility conditional use permits that meet the objectives of the county and the livestock producer applicant.
(4) Nothing in this section shall prohibit or prevent any county board from adopting a resolution that designates the county a livestock friendly county.
Source
Laws 2003, LB 754, § 2;
Laws 2015, LB175, § 2.
Cross References
Livestock Waste Management Act, see section 54-2416.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-2803 - Grant program; applications; purposes.

54-2803.
Grant program; applications; purposes.
(1) From funds available in the Livestock Growth Act Cash Fund, the Director of Agriculture may administer a grant program to assist counties designated by the director as livestock friendly counties pursuant to section 54-2802 in livestock development planning and associated public infrastructure improvements. The director shall receive applications submitted by county boards or county planning authorities for assistance under this section and award grants for any of the following eligible purposes:
(a) Strategic planning to accommodate and encourage investment in livestock production, including one or more of the following activities:
(i) Reviewing zoning and land-use regulations;
(ii) Evaluating workforce availability, educational, institutional, public infrastructure, marketing, transportation, commercial service, natural resource, and agricultural assets, and needs of the county and surrounding areas to support livestock development;
(iii) Identifying livestock development goals and opportunities for the county;
(iv) Identifying and evaluating a location or locations suitable for placement of livestock production facilities; and
(v) Developing a marketing strategy to promote and attract investment in new or expanded livestock production and related livestock service and marketing businesses within the county; and
(b) Improvements to public infrastructure to accommodate one or more livestock development projects, including modifications to roads and bridges, drainage, and sewer and water systems. An application for a grant under this subdivision shall identify specific infrastructure improvements relating to a project for the establishment, expansion, or relocation of livestock production to which the grant funds would be applied and shall include a copy of the county conditional use permit issued for the livestock operation if required by county zoning regulations.
(2) A grant award under subdivision (1)(a) of this section shall not exceed fifteen thousand dollars. A grant award under subdivision (1)(b) of this section shall not exceed one-half of the unobligated balance of the Livestock Growth Act Cash Fund or two hundred thousand dollars, whichever is less.
Source
Laws 2015, LB175, § 3.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-2804 - Livestock Growth Act Cash Fund; created; use; investment.

54-2804.
Livestock Growth Act Cash Fund; created; use; investment.
The Livestock Growth Act Cash Fund is created. The fund may be used to carry out the Livestock Growth Act. The State Treasurer shall credit to the fund any funds transferred or appropriated to the fund by the Legislature and funds received as gifts or grants or other private or public funds obtained for the purposes of 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 2015, LB175, § 4.
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 › 54-2902 - Definitions, where found.

54-2902.
Definitions, where found.
For purposes of sections 54-753.05 and 54-797 to 54-7,103 and the Animal Health and Disease Control Act, unless the context otherwise requires, the definitions found in sections 54-2903 to 54-2938 shall be used.
Source
Laws 2020, LB344, § 2.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-2903 - Accredited veterinarian, defined.

54-2903.
Accredited veterinarian, defined.
Accredited veterinarian means a veterinarian duly licensed by the State of Nebraska and approved by the administrator of the Animal and Plant Health Inspection Service of the United States Department of Agriculture.
Source
Laws 2020, LB344, § 3.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-2904 - Affected animal, herd, or flock, defined.

54-2904.
Affected animal, herd, or flock, defined.
Affected animal, herd, or flock means an animal, herd, or flock which contains an animal infected with or exposed to a dangerous disease.
Source
Laws 2020, LB344, § 4.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-2905 - Affected premises, defined.

54-2905.
Affected premises, defined.
Affected premises means premises upon which is or was located an affected animal, herd, or flock or suspected affected animal, herd, flock, or disease agent of a dangerous disease.
Source
Laws 2020, LB344, § 5.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-2909 - Certificate of veterinary inspection, defined.

54-2909.
Certificate of veterinary inspection, defined.
Certificate of veterinary inspection means a legible document, paper, or electronic submission, issued by an accredited veterinarian at the point of origin of an animal movement which meets federal and state requirements for interstate or intrastate movement of animals. Certificate of veterinary inspection does not include Form 7001 of the Animal and Plant Health Inspection Service of the United States Department of Agriculture.
Source
Laws 2020, LB344, § 9.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-2910 - Controlled movement, defined.

54-2910.
Controlled movement, defined.
Controlled movement means a temporary movement restriction controlling the movement of animals, animal products, and fomites into, within, and out of a regulatory control area where affected animals, herds, or flocks are or were located.
Source
Laws 2020, LB344, § 10.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-2911 - Dangerous disease, defined.

54-2911.
Dangerous disease, defined.
Dangerous disease means an infectious, contagious, or otherwise transmissible disease, infestation, or exposure which has the potential for rapid spread, serious economic impact, or serious threat to livestock health, and is of major importance in the trade of livestock and livestock products.
Source
Laws 2020, LB344, § 11.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-2914 - Domesticated cervine animal, defined.

54-2914.
Domesticated cervine animal, defined.
Domesticated cervine animal means any elk, deer, or other member of the family cervidae legally obtained from a facility which has a license, permit, or registration authorizing domesticated cervine animals which has been issued by the state in which such facility is located and such animal is raised in a confined area.
Source
Laws 2020, LB344, § 14.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-2917 - Foreign animal or transboundary disease, defined.

54-2917.
Foreign animal or transboundary disease, defined.
Foreign animal or transboundary disease means a disease not endemic to the United States or which has been eradicated in the United States, and which is of significant economic, trade, and food security importance.
Source
Laws 2020, LB344, § 17.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-2918 - Herd or flock, defined.

54-2918.
Herd or flock, defined.
Herd or flock means one or more groups of livestock under common ownership or supervision, maintained on common ground for any purpose, or which are geographically separated but which have an interchange of livestock or equipment.
Source
Laws 2020, LB344, § 18.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-2919 - Herd or flock management plan, defined.

54-2919.
Herd or flock management plan, defined.
Herd or flock management plan means a written disease management plan that is designed by the herd owner or the owner's representative in conjunction with the State Veterinarian or federal area veterinarian in charge to eradicate or reduce exposure to a dangerous disease from an affected herd or flock. Such plan may require additional disease management practices deemed necessary by the State Veterinarian to eradicate such disease.
Source
Laws 2020, LB344, § 19.
2023 Nebraska Revised Statutes › Chapter 54 - Livestock › 54-2920 - Infected or positive animal, herd, or flock, defined.

54-2920.
Infected or positive animal, herd, or flock, defined.
Infected or positive animal, herd, or flock means an animal that has tested positive to an official test.
Source
Laws 2020, LB344, § 20.