Terms Used In Nebraska Statutes > Animal Health and Disease Control Act

• 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. See Nebraska Statutes 54-2903
• Action: shall include any proceeding in any court of this state. See Nebraska Statutes 49-801
• Action shall: include any proceeding in any court of this state. See Nebraska Statutes 49-801
• 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. See Nebraska Statutes 54-2905
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Animal: means all vertebrate members of the animal kingdom except humans or wild animals at large. See Nebraska Statutes 54-2906
• Approved laboratory: means an animal disease diagnostic laboratory accredited by the American Association of Veterinary Laboratory Diagnosticians to conduct animal disease testing. See Nebraska Statutes 54-2907
• Arrest: Taking physical custody of a person by lawful authority.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Attorney: shall mean attorney at law. See Nebraska Statutes 49-801
• Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
• Cattle: means all domestic bovine animals, including beef cattle, dairy cattle, and bison. See Nebraska Statutes 54-2908
• 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. See Nebraska Statutes 54-2909
• Company: shall include any corporation, partnership, limited liability company, joint-stock company, joint venture, or association. See Nebraska Statutes 49-801
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Contract: A legal written agreement that becomes binding when signed.
• 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
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• 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. See Nebraska Statutes 54-2911
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Department: means the Department of Agriculture. See Nebraska Statutes 54-2912
• Director: means the Director of Agriculture or his or her designee. See Nebraska Statutes 54-2913
• Domestic: when applied to corporations shall mean all those created by authority of this state. See Nebraska Statutes 49-801
• Embargo: means a temporary movement restriction of any affected or suspect animal, herd, or flock. See Nebraska Statutes 54-2915
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• Exposed: means an animal, herd, flock, or premises which has come into contact with a disease agent which affects livestock. See Nebraska Statutes 54-2916
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• Foreign: when applied to corporations shall include all those created by authority other than that of this state. See Nebraska Statutes 49-801
• 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
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• 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. See Nebraska Statutes 54-2918
• 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. See Nebraska Statutes 54-2919
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Intestate: Dying without leaving a will.
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Lien: A claim against real or personal property in satisfaction of a debt.
• Livestock: means cattle, swine, sheep, horses, mules, donkeys, goats, domesticated cervine animals, ratite birds, poultry, llamas, and alpacas. See Nebraska Statutes 54-2921
• Month: shall mean calendar month. See Nebraska Statutes 49-801
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Mortgagee: The person to whom property is mortgaged and who has loaned the money.
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Official test: means a diagnostic test approved by USDA/APHIS/VS or the department for determining the presence or absence of a program disease. See Nebraska Statutes 54-2923
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Permit for entry or permit: means a pre-movement authorization for entry into the State of Nebraska obtained from the department which states the conditions under which the animal movement may be made and the location where the animal or animals are going and includes a permit authorization number which is required to be recorded on the certificate of veterinary inspection. See Nebraska Statutes 54-2924
• Person: shall include bodies politic and corporate, societies, communities, the public generally, individuals, partnerships, limited liability companies, joint-stock companies, and associations. See Nebraska Statutes 49-801
• 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
• Person shall: include bodies politic and corporate, societies, communities, the public generally, individuals, partnerships, limited liability companies, joint-stock companies, and associations. See Nebraska Statutes 49-801
• Personal property: All property that is not real property.
• Poultry: means domesticated birds that serve as a source of eggs or meat and includes, but is not limited to, chickens, turkeys, ducks, and geese. See Nebraska Statutes 54-2926
• 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
• Process: shall mean a summons, subpoena, or notice to appear issued out of a court in the course of judicial proceedings. See Nebraska Statutes 49-801
• 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
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Quarantine: means a restriction imposed on animal movement, premises, or regulated articles issued by the department. See Nebraska Statutes 54-2931
• Ratite bird: means any ostrich, emu, rhea, kiwi, or cassowary. See Nebraska Statutes 54-2932
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• 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
• Responder or suspect: means any animal which exhibits a response to an official test, and such animal is classified as a responder or suspect by the testing veterinarian or laboratory. See Nebraska Statutes 54-2934
• Sale: means a sale, lease, loan, trade, barter, or gift. See Nebraska Statutes 54-2935
• 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
• Statute: A law passed by a legislature.
• Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
• Trace or tracing: means the epidemiological investigative process of determining the origin and movements of animals, animal products, and possible vectors that may be involved in the spread or transmissibility of a disease agent. See Nebraska Statutes 54-2937
• Trustee: A person or institution holding and administering property in trust.
• Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. ^{Source: OCC}
• United States: shall include territories, outlying possessions, and the District of Columbia. See Nebraska Statutes 49-801
• United States shall: include territories, outlying possessions, and the District of Columbia. See Nebraska Statutes 49-801
• Venue: The geographical location in which a case is tried.
• Violate: shall include failure to comply with. See Nebraska Statutes 49-801
• Year: shall mean calendar year. See Nebraska Statutes 49-801