Revised
September, 1994
Administration: These statutes are administered by the Budget and Finance section of the Nebraska Department of Agriculture, Administration Division, State Office Building, 301 Centennial Mall South, Lincoln, Nebraska 68509. Telephone: (402) 471-2341.
Revisions: The provisions of these statutes were last revised during the 1994 session of the Nebraska Legislature.
Rules: A regulation has been promulgated under these statutes, known as Title 33, Chapter 1, Nebraska Administrative Code - Packer Bonding Regulations.
54-1801 Act, how cited.
54-1802 Terms, defined.
54-1803 Purchasing slaughter livestock; unlawful acts.
54-1804 Slaughter livestock; purchaser; requirements.
54-1805 Director of Agriculture; violations; restraining order; appointment of
receiver; Attorney General, county attorney; duties.
54-1806 Director of Agriculture; reciprocal agreements; basis.
54-1807 Purchasers of slaughter livestock; records; contents.
54-1808 Violations; penalty.
54-1809 Purchase of slaughter livestock; unlawful acts.
54-1810 Purchase of slaughter livestock; effect of section.
54-1811 Purchase of slaughter livestock; violations; penalties.
54-1801. Act, how cited. Sections 54-1801 to
54-1808 may be cited as the Nebraska Livestock Sellers Protective Act.
54-1802. Terms, defined. For purposes of the Nebraska
Livestock Sellers Protective Act, unless the context otherwise requires:
(2) Slaughter livestock shall mean cattle, sheep, and swine produced or fed in this state
and destined for immediate slaughter;
(3) Purchaser shall mean any person, firm, corporation, or association engaged in the
purchase of slaughter livestock in excess of five hundred animal units per year based
upon two hundred sixty slaughtering days;
(4) Animal unit shall consist of one head of cattle, or three calves, under four hundred
fifty pounds, or five hogs, or ten sheep or lambs;
(5) Insolvent shall mean that a person either has ceased to pay his or her debts in the
ordinary course of business or cannot pay his debts as they become due or is insolvent
within the meaning of the Federal Bankruptcy Act;
(6) Person shall include individuals, firms, associations, limited liability companies, or
employees, officers, or limited liability company members thereof; and
(7) Purchase of livestock for slaughter shall mean the purchase of livestock for
immediate use in manufacturing or preparing meat or meat food products.
(2) Neglect, before the close of the next business day following the purchase of
slaughter livestock or within twenty-four hours following the determination of the
purchase price, whichever may occur last, to remit to the seller or his representative the
full amount of the purchase cost; Provided, that this section does not require
payment in lieu of an express agreement to the contrary.
54-1805. Director of Agriculture; violations; restraining order; appointment of
receiver; Attorney General, county attorney; duties. Whenever the
director has reason to believe that the purchase of livestock for slaughter by a
purchaser is causing or may reasonably be expected to result in a failure by the
purchaser to fulfill obligations incurred in the purchase of livestock for slaughter or in the
event of a violation of any of the provisions of sections 54-1801 to 54-1808 or the rules
and regulations duly promulgated thereunder, the director may apply for a temporary or
permanent injunction restraining any purchaser from purchasing slaughter livestock or
violating or continuing to violate any of the provisions of sections 54-1801 to 54-1808 or
any rule or regulation promulgated under sections 54-1801 to 54-1808, notwithstanding
the existence of other remedies at law. For good cause shown, the district court may
appoint the director or the director's designee to serve as a receiver for the purchaser
for the protection of the sellers of slaughter livestock to the purchaser. It shall be the
duty of each county attorney or the Attorney General to whom the director reports any
violation to cause appropriate proceedings to be instituted in the proper courts without
delay and to be prosecuted in the manner required by law.
54-1806. Director of Agriculture; reciprocal agreements; basis.
The director 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 and audit reports on a cooperative basis which may assist the
director in the proper administration of sections 54-1801 to 54-1808.
54-1807. Purchasers of slaughter livestock; records; contents.
All purchasers of slaughter livestock shall keep accurate records of all transactions
conducted in the ordinary course of their business. Such records shall be available for
examination and audit by the director or his duly authorized agent; PROVIDED, that the
director or his agent shall not divulge or make known in any manner, except in hearings
before a court of law, any facts or information regarding the purchaser which may be
obtained by reason of such examination or audit of the records and transactions of the
purchaser.
54-1808. Violations; penalty. Any person violating any provision
of sections 54-1801 to 54-1808 shall be guilty of a Class IV felony and shall be liable in
double damages to any party injured thereby.
54-1809. Purchase of slaughter livestock; unlawful acts.
(2) It shall be unlawful for a purchaser to engage in business in such a way that the
purchaser causes accounts receivable to be paid directly to an out-of-state depository
not under the control of the purchaser rather than directly to the purchaser if such
business practice circumvents the rights of the seller.
54-1811. Purchase of slaughter livestock; violations; penalties.
Any person, firm, corporation, or association, or any agent thereof, who shall violate the
provisions of sections 54-1809 to 54-1811, shall be quilty of a Class II misdemeanor.
(1) Director shall mean the Director of Agriculture;
54-1803. Purchasing slaughter livestock; unlawful acts. After
December 25, 1969, it shall be unlawful for any person engaged in the business of
purchasing slaughter livestock to:
(1) Purchase slaughter livestock when insolvent; or
54-1804. Slaughter livestock; purchaser; requirements. Any
purchaser who buys slaughter livestock other than through a selling agent who is
bonded or otherwise secured to assure payment as required by the United States
Packers and Stockyards Act (7 U.S.C. 181) and the rules and regulations promulgated
thereunder, shall be required to register with the director, and shall provide assurance of
his financial ability to faithfully and promptly account for and pay to the seller or his
designated representative, the total proceeds from the sale of slaughter livestock in
accordance with the requirements which the director may establish by rule and
regulation in accordance with the Administrative Procedure Act.
(1) It shall be unlawful to purchase slaughter livestock for other than cash or by
negotiable instrument drawn upon a banking institution located within the same federal
reserve district in which the purchaser's slaughter establishment is situated. This
section shall not require payment in cash or by negotiable instrument in lieu of an
express agreement in writing to the contrary.
54-1810. Purchase of slaughter livestock; effect of section.
Nothing in section 54-1809 shall be considered a limitation placed upon any purchaser
of slaughter livestock to conduct business or other financial affairs or place accounts
with any other financial institutions outside the state.