Nebraska Statutes 54-2940. Animal Health and Disease Control Act and Exotic Animal Auction or Exchange Venue Act; department; powers
In carrying out its duties to prevent, suppress, control, and eradicate dangerous diseases the department may:
Terms Used In Nebraska Statutes 54-2940
- Action: shall include any proceeding in any court of this state. See Nebraska Statutes 49-801
- Animal: means all vertebrate members of the animal kingdom except humans or wild animals at large. See Nebraska Statutes 54-2906
- 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. See Nebraska Statutes 54-2910
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Department: means the Department of Agriculture. See Nebraska Statutes 54-2912
- 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. See Nebraska Statutes 54-2917
- Livestock: means cattle, swine, sheep, horses, mules, donkeys, goats, domesticated cervine animals, ratite birds, poultry, llamas, and alpacas. See Nebraska Statutes 54-2921
- Person: means any individual, governmental entity, corporation, society, firm, association, partnership, limited liability company, joint-stock company, association, or any other corporate body or legal entity. See Nebraska Statutes 54-2925
- Premises: means land, buildings, vehicles, equipment, pens, holding facilities, and grounds upon which an animal, herd, or flock is or was, housed, kept, located, grazed, or transported. See Nebraska Statutes 54-2927
- Program disease: means a dangerous disease for which specific state or federal legislation exists for disease control or eradication, or is classified as a program disease by the department or USDA/APHIS/VS. See Nebraska Statutes 54-2928
- Program standards: means the supplemental guidelines and uniform methods and rules adopted and approved by USDA/APHIS/VS for further clarification of established procedures for the regulation, control, eradication, and enforcement of livestock program diseases. See Nebraska Statutes 54-2930
- Quarantine: means a restriction imposed on animal movement, premises, or regulated articles issued by the department. See Nebraska Statutes 54-2931
- Regulated article: means any item capable of transmitting a dangerous disease including conveyances, equipment, feed, or any other item established by the department. See Nebraska Statutes 54-2933
- State: when applied to different states of the United States shall be construed to extend to and include the District of Columbia and the several territories organized by Congress. See Nebraska Statutes 49-801
- State Veterinarian: means the veterinarian appointed pursuant to section Nebraska Statutes 54-2936
- Venue: The geographical location in which a case is tried.
(1) Issue quarantines to any person or public or private premises within the state where an affected animal, suspected affected animal, or regulated article is or was located, and upon any animal imported into Nebraska in violation of the Animal Health and Disease Control Act, the Exotic Animal Auction or Exchange Venue Act, and any importation rules or regulations until such quarantine is released by the State Veterinarian. Whenever additional animals are placed within a quarantined premises or area, such quarantine may be amended accordingly by the department. Births and death loss shall be included on inventory documentation pursuant to the quarantine;
(2) Regulate or prohibit animal or regulated article movement into, within, or through the state through quarantines, controlled movement orders, importation orders, or embargoes as deemed necessary by the State Veterinarian;
(3) Require an affected animal or suspected affected animal to be (a) euthanized, detained, slaughtered, or sold for immediate slaughter at a federally inspected slaughter establishment or (b) inspected, tested, treated, subjected to an epidemiological investigation, monitored, or vaccinated. The department may require tested animals to be identified by an official identification eartag. Costs for confinement, restraint, and furnishing the necessary assistance and facilities for such activities shall be the responsibility of the owner or custodian of the animal;
(4) Seek an emergency proclamation by the Governor in accordance with section 81-829.40 when deemed appropriate. All state agencies and political subdivisions of the state shall cooperate with the implementation of any emergency procedures and measures developed pursuant to such proclamation;
(5)(a) Access records or animals and enter any premises related to the purposes of the Animal Health and Disease Control Act or the Exotic Animal Auction or Exchange Venue Act without being subject to any action for trespass or reasonable damages if reasonable care is exercised; and
(b) Obtain an inspection warrant in the manner prescribed in sections 29-830 to 29-835 if any person refuses to allow the department access or entry as authorized under this subdivision;
(6) Adopt and promulgate rules and regulations to enforce and effectuate the general purpose and provisions of the Animal Health and Disease Control Act, the Exotic Animal Auction or Exchange Venue Act, and any other provisions the department deems necessary for carrying out its duties under such acts including:
(a) Standards for program diseases to align with USDA/APHIS/VS program standards;
(b) Provisions for maintaining a livestock disease reporting system;
(c) Procedures for establishing and maintaining accredited, certified, validated, or designated disease-free animals, herds, or flocks;
(d) In consultation with the Department of Environment and Energy and the Department of Health and Human Services, best management practices for the disposal of carcasses of dead livestock;
(e) In consultation with the Department of Environment and Energy and the University of Nebraska, operating procedures governing composting of livestock carcasses;
(f) Recommendations of where and how any available federal funds and state personnel and materials are to be allocated for the purpose of program disease activities; and
(g) Provisions for secure food supply plans to ensure the continuity of business is maintained during a foreign animal or transboundary disease outbreak;
(7) When funds are available, develop a livestock emergency response system capable of coordinating and executing a rapid response to the incursion or potential incursion of a dangerous livestock disease episode which poses a threat to the health of the state’s livestock and could cause a serious economic impact on the state, international trade, or both;
(8) When funds are available, support planning for and assistance with catastrophic livestock mortality disposal, including the acquisition of equipment and supplies and securing of services, to augment preparedness for and response to a disease, natural disaster, or other emergency event resulting in catastrophic livestock mortality or euthanization;
(9) Allow animals intended for direct slaughter to move to a controlled feedlot for qualified purposes; and
(10) Approve qualified commuter herd agreements and livestock producer plans and, when appropriate, allow for exceptions to requirements by written compliance agreements.