Revised
July, 2001
Administration: This Act is 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: This Act was last revised during the 2001 session of the Nebraska Legislature. The changes to sections 2-3002, 2-3003, 2-3004 and 2-3005 have an effective date of January 1, 2002.
Rules: A regulation has been promulgated under this Act, known as
Title 23, Chapter 9, Nebraska Administrative Code - Poultry Disease Control Regulations.
2-3001 Act, how cited.
2-3001. Act, how cited. Sections 2-3001 to 2-3008
may be cited as the Nebraska Poultry Disease Control Act.
2-3002. Terms, defined. As used in the Nebraska
Poultry Disease Control Act, unless the context otherwise requires:
(2) Hatching eggs means eggs of poultry for hatching purposes including embryonated eggs;
(3) Hatchery means hatchery equipment on one premises operated or controlled by any person;
(4) Breeding flock means two or more individuals of the same species and different sexes
maintained together to produce fertile eggs for the hatching of offspring;
(5) Person means an individual, corporation, firm, partnership, or limited liability company or
any member or officer thereof; and
(6) Pullorum and typhoid clean means poultry in which no pullorum-typhoid reactors were found
on the first official blood test or which have been retested with two consecutive official negative
tests.
2-3003. Intent of act. The intent of the Nebraska
Poultry Disease Control Act shall be to control and eradicate poultry diseases, to provide for
cooperation with the United States Department of Agriculture and other states to that end, and to
provide authority to test breeding flocks and quarantine infected flocks.
2-3004. Prohibited acts; exception. No person shall
sell, offer for sale, ship or import into this state, or buy from another state hatching eggs or
poultry, except for immediate slaughter, unless the flock or hatchery of origin is following a
disease control program officially approved or recognized by the State Veterinarian.
2-3005. State Veterinarian; rules and regulations; powers.
(b) to establish requirements for poultry being exhibited,
(c) to assure that only breeding poultry and hatching eggs which are pullorum and typhoid clean
are moved into and within Nebraska, and
(d) to establish testing requirements to monitor the presence of pullorum and typhoid in
Nebraska.
2-3006. Field sampling and testing; expense of owner; no
indemnity. Field sampling and testing required by the provisions of the
Nebraska Poultry Disease Control Act and the rules and regulations duly promulgated under the
provisions of the act, and the costs of maintaining quarantined poultry shall be at the expense of
the owner. No indemnity shall be paid to owners of pullorum- or typhoid-infected flocks
slaughtered or disposed of in any manner.
2-3007. Inspection; hindrance; unlawful. The State
Veterinarian or anyone authorized thereby, upon contacting the person in charge, may enter upon
all land or enter any building maintained for the production of poultry or hatching eggs to
examine the poultry or hatching eggs to ascertain the existence of pullorum or typhoid in poultry.
It shall be unlawful to hinder, impede or prevent any authorized agent of the Department of
Agriculture from entering any building maintained for the production of poultry or hatching eggs
in the performance of his duty or from making any examination duly ordered by the State
Veterinarian.
2-3008. Violations; penalty; enforcement.
(2) It shall be the duty of the county attorney of the county in which any violation occurs or is
about to occur, when notified by the Department of Agriculture of such violation or
threatened violation, to pursue appropriate proceedings pursuant to subsection (1) or (3) of this
section without delay.
(3) In order to insure compliance with the Nebraska Poultry Disease Control Act, the Department
of Agriculture may apply for a restraining order, a temporary or permanent injunction, or a
mandatory injunction against any person violating or threatening to violate the act or the rules
and regulations adopted and promulgated pursuant to the act. The district court of the county
where the violation is occurring or is about to occur shall have jurisdiction to grant such relief
upon good cause shown. Relief may be granted notwithstanding the existence of
any other remedy at law and shall be granted without bond.
2-3002 Terms, defined.
2-3003 Intent of act.
2-3004 Prohibited acts; exception.
2-3005 State Veterinarian; rules and
regulations; powers.
2-3006 Field sampling and testing; expense of
owner; no indemnity.
2-3007 Inspection; hindrance; unlawful.
2-3008 Violations; penalty; enforcement.
(1) Poultry means domesticated fowl, including chickens, turkeys, ostriches, emus, rheas,
cassowaries, waterfowl, and games birds, except doves and pigeons, which are bred for the
primary purpose of producing eggs or meat;
(1) The State Veterinarian, subject to the approval of the Director of Agriculture, shall adopt and
promulgate such rules and regulations to carry out the purposes and intent of the Nebraska
Poultry Disease Control Act. As far as practical, the disease provisions of the rules and
regulations officially promulgated by the United States Department of Agriculture,
commonly known and cited as the National Poultry Improvement Plan and Auxiliary Provisions,
shall be adopted
(a) to establish and maintain breeding poultry flocks and hatcheries as pullorum and typhoid
clean,
(2) The State Veterinarian shall have quarantine power and may require reports and records from
persons subject to the act as established in the rules and regulations.
(1) Any person violating the Nebraska Poultry Disease Control Act or the rules and regulations
adopted and promulgated under the act shall be guilty of a Class III misdemeanor.