
Revised
September, 1997
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: The provisions of this Act were last revised during the 1997 session of the Nebraska Legislature.
Rules: A regulation has been promulgated under this Act, known as Title 23, Chapter 11, Nebraska Administrative Code - Livestock Dealer Regulations.
54-1701 Public policy.
54-1702 Act, how cited.
54-1703 Terms, defined.
54-1704 Livestock dealer; license; application; bond; form; renewal;
fee; disposition.
54-1705 State Veterinarian; powers.
54-1706 Violations; order to appear; notice; hearing;
appeal.
54-1707 Hearings; procedure; order; appeal.
54-1708 State Veterinarian; rules and regulations; adopt; inspections;
fees.
54-1709 Licensed dealer; records; contents; access.
54-1710 Facility; standards; State Veterinarian; prescribe;
concentration points; inspection; approval.
54-1711 Violations; penalty.
54-1701. Public policy.
54-1702. Act, how cited.
54-1703. Terms, defined.
(2) Director shall mean the Director of Agriculture;
(3) State Veterinarian shall mean the person officially appointed to this position by the
director;
(4) Livestock shall mean cattle, sheep, and swine;
(5) Livestock dealer shall mean any person, partnership, limited liability company,
association, or corporation who is engaged in the business of buying or selling livestock for the
purpose of resale within this state either for his or her own account or as the employee or agent of
the seller or purchaser, except an agent or employee who buys and sells exclusively for the
account of a licensed dealer. Livestock dealer shall also include those who buy or sell from a
concentration point. Livestock dealer shall not include a person or persons engaged in a farm or
ranch operation who purchases livestock for utilization of same as an integral part of the
livestock and livestock product production of his farm or ranch operation or purebred sales held
by the breed registry associations or the purchase or sale of livestock primarily used for research,
experimentation, exhibition or entertainment purposes, including sales by the Future Farmers of
America or 4-H groups; and
(6) Concentration point shall mean any place of business where livestock is assembled for
resale.
54-1704. Livestock dealer; license; application; bond; form; renewal;
fee; disposition.
(2) (a) Engage in the business of buying, selling, or otherwise dealing in livestock in this state
without filing with the department, in connection with his or her application for a license, a fully
executed duplicate of a valid and effective bond: (i) If he or she is registered and bonded under
the provisions of the Packers and Stockyards Act of 1921 (7 U.S.C. 181 et seq.) he or she shall
file a statement in the form prescribed by the department evidencing that he or she is maintaining
a valid and effective bond or its equivalent under such act; or (ii) if he or she is not registered and
bonded under the provisions of the Packers and Stockyards Act, he or she shall furnish in
connection with his or her application for a license a fully executed duplicate of a valid and
effective bond in the amount of five thousand dollars or such larger amount as may be specified
by regulations promulgated by the department. (b) The bond shall contain the following
conditions: (i) That the principal shall pay when due to the person or persons entitled
thereto the purchase price of all livestock purchased by such principal for his or her own account
or for the accounts of others and such principal shall safely keep and properly disburse all funds,
if any, which come into his or her hands for the purpose of paying for livestock purchased for the
accounts of others; (ii) that any person damaged by failure of the principal to comply with the
condition clause of the bond may maintain suit to recover on the bond; and (iii) that at least thirty
days' notice in writing shall be given to the department by the party terminating the bond; or
(3) Continue in the business of a dealer after his or her license or bond has expired, or has
been suspended or revoked.
54-1705. State Veterinarian; powers.
(2) Require, by general or special order, livestock dealers to file with the State Veterinarian,
in such forms as he may prescribe, regular or special reports or answers, in writing to specific
questions, for the purpose of furnishing information concerning livestock movement and animal
disease control. Such reports may be required to be made under oath and filed within a
reasonable time;
(3) Defer the granting of a license as required by sections 54-1701 to 54-1711 or suspend or
revoke any such license already issued if licensee has violated the laws or regulations of this
state pertaining to disease control and eradication or has knowingly committed or participated in
the violation of an order or quarantine or other disciplinary order issued by the department;
Provided, that before any license is suspended or revoked under this section, the licensee or
applicant shall be furnished with a copy of the charges made against him and upon request of the
licensee a hearing shall be had before the director or his designate; and
(4) Defer the granting of a license as required by sections 54-1701 to 54-1711 or suspend or
revoke any such license already issued if the licensee has failed to pay the person or persons
entitled thereto the purchase price of all livestock purchased for his own account or for the
accounts of others; Provided, that before any license is suspended or revoked under this section,
the licensee or applicant shall be furnished with a copy of the charges made against him and upon
request of the licensee a hearing shall be had before the director or his designate.
54-1706. Violations; order to appear; notice; hearing; appeal.
(2) Any person aggrieved by any order entered by the director or other action of the director
may appeal the order or action, and the appeal shall be in accordance with the Administrative
Procedure Act.
54-1707. Hearings; procedure; order; appeal.
(2) Whenever any hearing is conducted by any person other than the director, the person
conducting the same shall render a recommended decision with appropriate proposed findings
and orders disposing of all the relevant matters of fact and law involved in the proceeding.
Thereafter the case may be remanded to the person or persons who conducted the hearing with
such instructions as the director may deem appropriate, or the director himself or herself may
perform such function and may conduct a new or supplemental hearing. The director may
dispense with a recommended decision and proceed to the rendering of his or her final order
thereon with appropriate findings of fact on the basis of the entire record as certified to him or
her by the person conducting the hearing. Prior to each recommended and each final decision,
the parties shall be afforded an opportunity to submit proposed findings, briefs, and arguments as
the director may deem appropriate.
(3) Any person aggrieved by any order entered by the director or other action taken by the
department may appeal the order or action, and the appeal shall be in accordance with the
Administrative Procedure Act.
54-1708. State Veterinarian; rules and regulations; adopt; inspections;
fees.
(2) The State Veterinarian shall make the designation of the veterinarian required by the
provisions of sections 54-1701 to 54-1711 by entering into an agreement with any duly licensed
veterinarian for his or her professional services in performing necessary inspections. Such
agreement shall provide that the State Veterinarian may terminate it at any time for what he or
she deems to be just cause. Such contract shall make the veterinarian an agent for the
Department of Agriculture to perform the duties assigned by sections 54-1701 to 54-1711 and
the rules and regulations prescribed by the State Veterinarian, but shall not be deemed to make
the veterinarian an officer or employee of the state. The orders of such veterinarian, issued
in the performance of the duties assigned him or her by sections 54-1701 to 54-1711 and the
rules and regulations prescribed by the State Veterinarian shall have the same force and effect as
though such order had been made by the State Veterinarian. Veterinarians, designated in
accordance with the requirements of this section, shall not be liable for reasonable acts performed
to carry out the duties as set forth in sections 54-1701 to 54-1711 and the rules and regulations
prescribed by the State Veterinarian.
(3) Fees for such inspection and release shall be paid by the licensee.
54-1709. Licensed dealer; records; contents; access.
54-1710. Facility; standards; State Veterinarian; prescribe;
concentration points; inspection; approval.
Livestock moving into a concentration point shall not be removed from the premises until such
livestock has been inspected and released by the approved veterinarian. No livestock shall be
released from a concentration point until all the requirements of the State of Nebraska or the state
of destination, whichever applies, shall have been met.
54-1711. Violations; penalty.
Sections 54-1701 to 54-1711 shall be deemed an exercise of the police powers of the State of
Nebraska for the protection of the agricultural public to facilitate the control and prevention of
diseases in domestic animals by requiring compliance with the laws of this state enacted for that
purpose together with such regulations as may have been or may be made pursuant thereto. It is,
therefor, declared to be the public policy of this state that all dealers as defined in sections
54-1701 to 54-1711 shall be subject to sections 54-1701 to 54-1711, and that all the provisions of
sections 54-1701 to 54-1711 shall be liberally construed for the accomplishment of this
purpose.
Sections 54-1701 to 54-1711 may be cited as the Nebraska Livestock Dealer Licensing Act.
As used in sections 54-1701 to 54-1711, unless the context otherwise requires:
(1) Department shall mean the Department of Agriculture;
No person as defined in sections 54-1701 to 54-1711 as a livestock dealer shall:
(1) Engage in the business of buying, selling, or otherwise dealing in livestock in this state
without a valid and effective license issued by the Director of Agriculture under the
provisions of this section. All applications for a livestock dealer license or renewal of such
license shall be made on forms prescribed for that purpose by the State Veterinarian. If the
applicant is an individual, the application shall include the applicant's social security number.
The department may by rule and regulation prescribe additional information to be contained
in such application. The application shall be filed annually with the department on or before
October 1 of each year with the applicable fee of fifty dollars. The license fees collected as
provided by sections 54-1701 to 54-1711 shall be deposited in the state treasury, and by the State
Treasurer placed in the Livestock Auction Market Fund. All money so collected shall be
appropriated to the uses of the Department of Agriculture for the purpose of administering the
provisions of sections 54-1701 to 54-1711;
The State Veterinarian shall have the power to:
(1) Enter premises and buildings occupied by a licensee at any reasonable time to examine
books and records maintained by the licensee;
(1) Whenever the director or the State Veterinarian has reason to believe that any person has
violated any of the provisions of the Nebraska Livestock Dealer Licensing Act or any rules or
regulations adopted and promulgated under the act, an order may be entered requiring such
person to appear before the director and show cause why an order should not be entered requiring
such person to cease and desist from the violations charged. Such order shall set forth the
alleged violations, fix the time and place of the hearing, and provide for notice thereof which
shall be given not less than twenty days before the date of such hearing. After a hearing, or if the
person charged with such violation fails to appear at the time of such hearing, if the director finds
such person to be in violation, he or she shall enter an order requiring such person to cease and
desist from the specific acts, practices, or omissions.
(1) Hearings shall be conducted by the director or by a hearing officer designated by him or her.
Provision shall be made to insure that any such hearing officer other than the director shall not
have participated in the performance of investigative or prosecuting functions in the case to
which he or she is assigned. The hearing shall be conducted in an impartial manner by the
hearing officer who may administer oaths, rule upon offers of proof and objections, and take such
other action as may be necessary. He or she shall not be bound by formal rules of evidence as
observed in courts of law but shall exclude irrelevant, immaterial, or unduly repetitious evidence.
The burden of proof and of proceeding with the evidence shall be on the department, and
every party shall have the right to compulsory process, to representation by counsel of his or her
own choosing, and to cross-examination of and confrontation by witnesses against him or her.
(1) The State Veterinarian shall, subject to the approval of the director, adopt rules and
regulations necessary to carry out the purposes, provisions, and intent of sections 54-1701 to
54-1711.
Every dealer required to be licensed under the provisions of sections 54-1701 to 54-1711 shall
keep such records and accounts as shall fully and correctly disclose all purchases, sales or
transfers involving livestock transactions consummated in connection with his business. The
records pertaining to such business shall also disclose the true ownership of such business by
stockholders or otherwise and shall contain such information as the director or State Veterinarian
may prescribe including the manner in which such records shall be kept. Every licensee shall,
during all reasonable times, permit authorized employees and agents of the department to have
access to and to copy any or all records relating to his business.
Livestock moving in commerce handled by dealers covered by the provisions of sections 54-1701
to 54-1711 and held at a facility shall be held at a facility conforming to standards prescribed by
regulation by the State Veterinarian, and in no case shall the standards be less than the standards
prescribed for livestock auction markets. Such facility shall not be used unless it has been
approved by the State Veterinarian.
Any livestock dealer who violates any of the provisions of sections 54-1701 to 54-1711 or any
rule or regulation promulgated thereunder, or any order of the department after such order has
become final or upon termination of any review proceeding where the order has been sustained
by a court of law, shall be guilty of a Class III misdemeanor. Each day of continued violation
shall constitute a separate offense.