Revised
August, 1994

Administration:    These statutes are administered by the Nebraska Department of Agriculture, Bureau of Animal Industry, State Office Building, 301 Centennial Mall South, Lincoln, Nebraska 68509. Telephone: (402) 471-2351.

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 23, Chapter 8, Nebraska Administrative Code - Anthrax.

54-754   Anthrax; eradication and control; power of department.
54-755   Anthrax; report of cases required.
54-756   Anthrax; quarantine; vaccination.
54-757   Anthrax; disposition of carcasses; disinfection of premises.
54-758   Anthrax eradication; ministerial duties; delegation; failure to perform; penalty.
54-759   Anthrax eradication; entry on premises; powers of department; interference; unlawful.
54-760   Anthrax; harboring or sale of diseased animal prohibited; penalty.
54-761   Anthrax eradication; violation; penalty.
54-762   Anthrax; removal of carcass prohibited.
54-763   Anthrax; vaccination without cost; conditions.

54-754 Anthrax; eradication and control; power of department.
The Department of Agriculture shall be vested with the power and charged with the duty of preventing, suppressing, controlling and eradicating anthrax from among animals of every character and kind in this state. In carrying out the provisions of sections 54-754 to 54-761 the department is hereby specifically authorized to employ all general powers and duties provided in sections 54-701 to 54-705.

54-755 Anthrax; report of cases required.
It shall be the duty of any person who discovers, suspects or has reason to believe that any domestic animal belonging to him, or which he has in his possession or custody or charge belonging to another, or may come under his observation, is infected with anthrax, to immediately report by telephone such fact, belief or suspicion to the Department of Agriculture or any agent, employee or appointee thereof.

54-756 Anthrax; quarantine; vaccination.
Whenever a report is made to the Department of Agriculture that a domestic animal is infected with anthrax or whenever said department learns or there is cause to believe that any domestic animal or animals within the State of Nebraska are so infected, the department shall at once take charge of such animal or animals, and shall immediately establish a quarantine upon the premises or farm upon which such animal or animals are kept. The department or its agents shall immediately separate any animals affected by anthrax from any other animals kept upon such premises or farm, and shall vaccinate all of such animals; Provided, however, no animals shall be vaccinated under the provisions of sections 54-754 to 54-761, except upon the direction of the department, and no vaccine shall be administered except by a licensed veterinarian.

54-757 Anthrax; disposition of carcasses; disinfection of premises.
It shall be the duty of the owner of any animal or animals which died of anthrax, wherever they may be found, to destroy and bury or burn the carcasses of such animals. If such animal or animals are buried, no portion of the carcass or carcasses thereof shall be interred closer than four feet from the surface of the ground, and before such carcass or carcasses are covered with earth the same shall be treated with lime in such manner as the department shall direct. The Department of Agriculture shall supervise the disposition of such animals to insure compliance with the provisions of this section. The department shall also direct that the yards and pens, feed lots or stables wherein such anthrax-infected animal or animals were kept, shall be disinfected under the rules and regulations of the department, and it shall be the duty of the department to supervise and oversee such disinfection.

54-758 Anthrax eradication; ministerial duties; delegation; failure to perform; penalty.
Any ministerial duties, incident to the administration of sections 54-754 to 54-761 may, in the discretion of the Department of Agriculture, its officers, agents, employees or appointees, be delegated to any person or persons whose premises have been quarantined or who reside in a quarantined district. It shall be the duty of such person or persons to perform such ministerial duties, when requested or directed by the department, its officers, agents, employees or appointees, and any person who shall refuse or neglect to perform such duties, when so requested or directed, shall be deemed guilty of a Class I misdemeanor.

54-759 Anthrax eradication; entry on premises; powers of department; interference; unlawful.
The Department of Agriculture, and any officer, agent, employee or appointee of the department, shall have the right to enter upon the premises of any person who has any domestic animal or animals thereon suspected of being infected with anthrax, for the purpose of making any and all inspections, examinations, tests, and treatment of such animals, and to declare, carry out, and enforce any and all quarantines. It shall be unlawful for any person or persons to in any way interfere with or prevent the department, its officers, agents, employees or appointees from entering upon such premises for the above purposes or to in any way interfere with the department, its officers, agents, employees or appointees in carrying out the duties set out in sections 54-754 to 54-761.

54-760 Anthrax; harboring or sale of diseased animal prohibited; penalty.
It shall be unlawful for any person to knowingly harbor or sell, or otherwise dispose of, any domestic animal or animals, or any part thereof, affected with anthrax, except as provided in sections 54-754 to 54-761 and the rules and regulations prescribed by the Department of Agriculture thereunder. Any person so offending shall be deemed guilty of a Class I misdemeanor.

54-761 Anthrax eradication; violation; penalty.
Any person, who violates any of the provisions of sections 54-754 to 54-762 shall be deemed guilty of a Class I misdemeanor.

54-762 Anthrax; removal of carcass prohibited.
The transportation of any animal or animals that died of anthrax, or that can be suspected of having died of anthrax, from any farm, ranch or premises, where such animal or animals died, is hereby prohibited. The skinning of any such animal or animals that died of anthrax, or the use of their flesh or organs for food of other livestock, is hereby prohibited.

54-763 Anthrax; vaccination without cost; conditions.
In order to establish early and effective protection against anthrax, it shall be the duty of the Department of Agriculture to vaccinate animals against anthrax, without cost to the owners of cattle, and other animals during the period extending from February 15 to May 15 of each year, upon the condition that the owner or owners of any animal or animals who desire to have their animals vaccinated against anthrax, as set forth in this section, make application for the same on forms approved by the department, declaring under oath and before witnesses (1) that anthrax occurred on such owner's or owners' farm, ranch or premises in the course of any of the preceding five years, (2) that such owner or owners agrees or agree to render any help and assistance which may be required by the veterinarian or veterinarians assigned to vaccinate the animal or animals concerned, and (3) that the owner or owners agrees or agree that no animal or animals be omitted from the vaccination unless so directed by the veterinarian in charge of such vaccination.