Revised
September, 1995
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 revised during the 1995 session of the Nebraska Legislature. This reproduction was prepared following that session.
Rules: A regulation has been promulgated under this Act, known at Title 23, Chapter 3, Nebraska Administrative Code - Cattle Brucellosis Regulations.
54-1368 Terms, defined.
54-1369 Department; conduct market livestock brucellosis testing
program.
54-1370 Department; conduct brucellosis eradication
program.
54-1371 Brucellosis testing; owner responsibilities;
violation; penalty; Brucellosis Control Cash Fund; created; use; investment.
54-1372 Reactor animals; owner responsibility.
54-1373 Exposed animals; owner responsibility.
54-1374 Removal of infected or exposed animals;
owner; responsibilities.
54-1375 Official brucellosis vaccination program; department develop
and administer; brucellosis vaccine; department; duties.
54-1376 Livestock subject to sections; investigation and
record-keeping requirements.
54-1377 Diverting designated livestock; removing or altering
identification; violations; penalty.
54-1378 Department; power to require permits and records.
54-1379 Department; cooperate with U.S. Department of
Agriculture.
54-1380 Costs; by whom paid.
54-1381 Department; access to premises.
54-1382 Department; adopt rules and regulations.
54-1383 Department; judicial remedies available; county attorney;
duties.
54-1384 Violation; penalty.
54-1367. Act, how cited.
54-1368. Terms, defined.
(2) Animal shall mean cattle and bison;
(3) Livestock shall mean cattle and bison;
(4) Department shall mean the Department of Agriculture;
(5) Market livestock shall mean animals of an age, sex, and status set out in regulations
promulgated under sections 54-1367 to 54-1384, which animals shall be subject to testing under
the market livestock brucellosis testing program;
(6) Eligible animals shall mean animals of an age, sex, and status set out in regulations
promulgated under sections 54-1367 to 54-1384, which animals shall be subject to testing under
the brucellosis eradication program;
(7) Testing shall mean the taking of an official test for the presence of brucellosis designated
in the regulations promulgated under sections 54-1367 to 54-1384;
(8) Negative shall mean an animal that has been tested for brucellosis and determined not to
have the disease;
(9) Reactor or infected animal shall mean an animal that has been tested for brucellosis and
determined to be infected with the disease;
(10) Suspect shall mean an animal that has been tested for brucellosis and, based upon the test
results, cannot be clearly classified as either negative or a reactor without further testing or other
epidemiological evaluation;
(11) Exposed animals shall mean animals that either are part of a herd in which a reactor has
been present, or animals that have had a reasonable opportunity to come in contact with an
infected herd or a reactor. Exposed animals shall include animals in a herd adjacent to an
infected herd;
(12) Infected herd shall mean a herd that contains or has contained an infected animal and has
not yet been released from quarantine;
(13) Exposed herd shall mean a herd containing an exposed animal; and
(14) Herd shall mean a group of animals of like species maintained on common ground, or
two or more groups of animals under common ownership or control on separate premises with an
interchange of animals.
54-1369. Department; conduct market livestock brucellosis
testing program.
54-1370. Department; conduct brucellosis eradication
program.
54-1371. Brucellosis testing; owner responsibilities; violation;
penalty; Brucellosis Control Cash Fund; created; use; investment.
(2) Any person failing to carry out the responsibilities set out under subsection (1) of this
section shall be guilty of a Class IV misdemeanor.
(3) Whenever any person fails to carry out the responsibilities set out under subsection (1) of
this section, the department shall perform such functions. Upon completion of the testing, the
department shall determine its actual costs incurred in handling the livestock and conducting the
testing and notify the responsible person in writing. The responsible person shall reimburse the
department its actual costs within fifteen days following the date of the notice. Any person
failing to reimburse the department as required shall be assessed a penalty of up to twenty-five
percent of the amount due for each thirty days of delinquency.
(4) All money received by the department under subsection (3) of this section shall be
remitted to the State Treasurer for credit to the Brucellosis Control Cash Fund, which fund is
hereby created. Expenditures from the fund may be made to conduct brucellosis testing under
the Nebraska Bovine Brucellosis Act. Any money in the fund available for investment shall be
invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the
Nebraska State Funds Investment Act.
54-1372. Reactor animals; owner responsibility.
54-1373. Exposed animals; owner responsibility.
54-1374. Removal of infected or exposed animals; owner;
responsibilities.
54-1375. Official brucellosis vaccination program; department
develop and administer; brucellosis vaccine; department; duties.
(2) For the protection of the livestock industry and to aid in achieving the purposes of
sections 54-1367 to 54-1384, the department shall regulate the sale and use of brucellosis
vaccine. The department may restrict the sale and use of brucellosis vaccine to qualified persons
and shall require detailed record keeping and reporting by persons involved in the sale or use of
vaccine. The regulation of brucellosis vaccine shall be set out in duly promulgated regulations.
54-1376. Livestock subject to sections; investigation and
record-keeping requirements.
54-1377. Diverting designated livestock; removing or altering
identification; violations; penalty.
54-1378. Department; power to require permits and
records.
54-1379. Department; cooperate with U.S. Department of
Agriculture.
54-1380. Costs; by whom paid.
54-1381. Department; access to premises.
54-1382. Department; adopt rules and regulations.
(2) The conduct of the brucellosis eradication program, including when, where, how, by
whom, and how often testing is to be done; what animals are to be tested; and how test results are
to be recorded and reported. The rules and regulations may also include provisions designed to
maintain or enhance the federal designation of brucellosis areas within the state and provisions
for certifying herds for brucellosis status;
(3) The issuance and release of brucellosis quarantines and the requirements regarding the
handling, movement, and disposition of livestock under quarantine;
(4) The testing of livestock to detect brucellosis, including which tests are to be deemed
official, by whom the tests are to be administered, how the tests are to be conducted, the reaction
tolerances to be recognized, and the classification of results as to negative, suspect, or reactor
animals. The rules and regulations shall be consistent with the best available scientific
information relative to the control and eradication of brucellosis;
(5) The assessment of penalties under subsection (3) of section 54-1371;
(6) The branding and disposition of reactors, including the brand to be used and how it is to
be placed, and when and how branding and shipment to slaughter are to be performed;
(7) The branding and handling of exposed animals, including the brand to be used and how it
is to be placed, and when and how branding and movement are to be performed;
(8) The cleaning and disinfecting of premises, including the materials to be used, the
procedures to be used, and when such procedures are to be performed;
(9) The official brucellosis vaccination program, including the vaccines allowed to be used,
the permitted concentrations, the age of the animals to be vaccinated, the effect of vaccination on
the interpretation of test results, and the sale and use of vaccine;
(10) The identification of animals subject to the act, including exposed and infected animals,
vaccinated animals, and animals tested and to be tested;
(11) The issuance of permits under section 54-1378;
(12) Compliance with the provisions of the Uniform Methods and Rules for Brucellosis
Eradication;
(13) The payment for activities and services conducted under the act;
(14) The preparation, maintenance, handling, and filing of records and reports by persons
subject to the act, regarding activities performed in accordance with the act, including the
vaccination, testing, branding, or movement of animals that may have been infected with or
exposed to brucellosis; and
(15) Any other areas deemed necessary by the department to effectively control and eradicate
brucellosis.
54-1383. Department; judicial remedies available; county attorney;
duties.
(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 of such violation or threatened violation by the department, to
cause appropriate proceedings under subsection (1) of this section to be instituted and pursued
without delay.
54-1384. Violation; penalty.
Sections 54-1367 to 54-1384 shall be known and may be cited as the Nebraska Bovine
Brucellosis Act.
As used in sections 54-1367 to 54-1384, unless the context otherwise requires:
(1) Brucellosis, also known as Bang's disease, shall mean the disease wherein an animal is
infected with Brucella Abortus or contagious abortion, Brucella Suis, or Brucella Melitensis;
The department shall continually conduct a market livestock brucellosis testing program. Under
the program, the department may require the brucellosis testing of market livestock whenever
such animals are moving in commerce through markets, concentration points, or slaughter
establishments, or whenever market livestock are sold at private treaty. The provisions of the
market livestock brucellosis testing program shall be set out in adopted and promulgated rules
and regulations.
The department shall continually conduct a brucellosis eradication program. Under the program,
the department shall quarantine and require the brucellosis testing of eligible animals that are
known to have been exposed to animals infected with or exposed to brucellosis, and animals
reasonably suspected of having been so exposed. Under the brucellosis eradication program, the
department shall also quarantine and require the brucellosis testing of eligible animals imported
into Nebraska in violation of brucellosis-related importation requirements. In addition, the
department may prohibit the addition of animals into known infected or exposed herds. The
provisions of the brucellosis eradication program shall be set out in duly adopted and
promulgated rules and regulations.
(1) Whenever brucellosis testing is performed under section 54-1369 with respect to a sale at
private treaty or under section 54-1370, the owner of the animals shall be responsible for
gathering, confining, and restraining the animals to be tested and shall provide the necessary
facilities and assistance. With respect to tests conducted at markets, concentration points, or
slaughter establishments, the responsibility shall be borne by the owner of the establishment.
Whenever reactors are disclosed on a brucellosis test, it shall be the responsibility of the owner to
see that such animals are properly branded and promptly moved to slaughter. The requirements
of the department governing the handling of reactor animals shall be set out in duly adopted and
promulgated rules and regulations.
Whenever exposed animals are moving in commerce, it shall be the responsibility of the owner
to see that such animals are properly branded, if so required by the department, and to move such
animals in accordance with any restrictions imposed by the department. The requirements of the
department governing the handling of exposed animals shall be set out in duly adopted and
promulgated rules and regulations.
Following the removal of infected or exposed animals, the premises shall be cleaned and
disinfected by the owner under the supervision of the department, in accordance with the rules
and regulations duly adopted and promulgated by the department.
(1) The department shall develop and administer an official brucellosis vaccination program.
The provisions of the program shall be consistent with good animal health practice in the control
and eradication of brucellosis, and shall be set out in duly adopted and promulgated rules and
regulations.
The department shall require specific forms of identification to be applied to livestock subject to
the provisions of sections 54-1367 to 54-1384, and to require appropriate record keeping and
reporting regarding such identification by persons owning or handling such livestock. The
requirements of the department governing the identification of livestock subject to the provisions
of sections 54-1367 to 54-1384 shall be set out in duly promulgated regulations.
Whenever, in accordance with the provisions of sections 54-1367 to 54-1384, livestock are
required or designated to move to a particular destination, it shall be unlawful to divert the
livestock from such destination without having first obtained permission from the department.
Any person unlawfully diverting livestock or directly or indirectly removing or altering the
identification of livestock to be so moved shall be guilty of a Class IV misdemeanor.
In adopting and promulgating rules and regulations governing the handling of brucellosis
infected or exposed animals, or animals reasonably suspected of being infected or exposed, the
department may require persons to obtain permits from the department prior to engaging in
designated activities. Such persons may also be required to maintain necessary records in
conjunction with such activities or to file reports with the department.
In administering sections 54-1367 to 54-1384 and conducting the programs authorized under
such sections, the department shall cooperate with the United States Department of Agriculture
and, insofar as reasonably practical, conform its activities to the provisions of that department's
guidelines known as the Uniform Methods and Rules for Brucellosis Eradication.
All activities in connection with the implementation of sections 54-1367 to 54-1384 shall be
available to livestock owners without expense as long as funds for such activities have been
appropriated and are available, except for the cost of handling livestock and the cost of
brucellosis vaccine. When funds are not available, the owner shall nevertheless continue the
program at his or her own expense.
In administering sections 54-1367 to 54-1384, the agents and employees of the department shall
have access to any premises where livestock may be, when such persons have reasonable cause to
believe that such livestock may be infected with or may have been exposed to brucellosis.
The department shall adopt and promulgate rules and regulations to aid in implementing the
Nebraska Bovine Brucellosis Act. The rules and regulations may include, but need not be
limited to, provisions governing:
(1) The conduct of the market livestock testing program, including provisions governing
when, where, how, and by whom testing is to be done; what animals are to be tested; and how
test results are to be recorded and reported;
(1) The department may apply for a restraining order or a temporary or permanent injunction, or
mandatory injunction, against any person violating or threatening to violate sections 54-1367 to
54-1384 or the requirements of the rules and regulations adopted and promulgated under sections
54-1367 to 54-1384, in order to insure compliance with such provisions. 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.
Any person violating sections 54-1367 to 54-1384 shall, unless another penalty is specifically
provided, be guilty of a Class IV misdemeanor.