Revised
September, 2004
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 2004 session of the Nebraska Legislature.
Rules: A regulation has been promulgated under this Act, known as Title 23, Chapter 15, Nebraska Administrative Code - Pseudorabies Regulations.
54-2235 Act, how cited.
54-2236 Pseudorabies control and eradication
program; legislative intent.
54-2237 Definitions, where found.
54-2238 Accredited veterinarian,
defined.
54-2239 Affected herd, defined.
54-2240 Affected premises, defined.
54-2241 Affected swine herd, defined.
54-2242 Area testing, defined.
54-2243 Breeding swine, defined.
54-2244 Circle testing, defined.
54-2245 Cleanup testing, defined.
54-2246 Concentration point, defined.
54-2247 Department, defined.
54-2248 Exposed, defined.
54-2249 Feeder swine, defined.
54-2250 Herd, defined.
54-2251 Infected, defined.
54-2252 Livestock, defined.
54-2253 Negative, defined.
54-2254 Official test, defined.
54-2255 Positive, defined.
54-2256 Private treaty, defined.
54-2257 Program activity, defined.
54-2258 Program area, defined.
54-2259 Pseudorabies, defined.
54-2260 Quarantine, defined.
54-2262 Sale, defined.
54-2262.01 Stage, defined.
54-2263 Status swine herd, defined.
54-2264 Surveillance, defined.
54-2265 Suspect, defined.
54-2266 Swine herd, defined.
54-2267 Swine herd cleanup plan, defined.
54-2268 Testing, defined.
54-2269 Veterinarian, defined.
54-2270 Department of Agriculture, Bureau of
Animal Industry; cooperation with other organizations.
54-2271 Department; federal funds;
allocation.
54-2276 Quarantine; cleanup plan.
54-2277 Cleanup plan; requirements.
54-2278 Area testing required; when.
54-2279 Circle testing required; when.
54-2280 Cleanup testing.
54-2281 Random sample requirements;
criteria.
54-2283 Import requirements.
54-2286 Surveillance procedures and
criteria.
54-2287 Department; conduct feeder and
breeding swine testing program; status swine herd title.
54-2288 Department; conduct pseudorabies
control and eradication program; prohibited acts; violation;
penalty.
54-2289 Pseudorabies vaccine; department;
powers.
54-2290 Department; adopt rules and
regulations.
54-2291 Violation; action to enjoin; county
attorney; duties.
54-2292 Costs; Pseudorabies Control Cash
Fund; created.
54-2293 Pseudorabies Control Cash Fund;
use; investment.
54-2294 Department; access to premises.
54-2295 Records and reports; access.
54-2296 Testing; duties of owner;
costs.
54-2297 Prohibited acts.
54-2298 Destination; diversion of livestock;
prohibited; when.
54-2299 Conformance with federal
standards.
54-22,100 Violation; penalty.
54-2235. Act, how cited.
Sections 54-2235 to 54-22,100 shall be known and may be cited as the
Pseudorabies Control and Eradication Act.
54-2236. Pseudorabies control and eradication
program; legislative intent. It is the intent of the
Legislature to have a pseudorabies control and eradication program.
The goal of the program is to eliminate pseudorabies from the livestock
of the state by a process of eradication and surveillance. The program
shall be designed to eradicate pseudorabies from all swine herds where
pseudorabies is found and to use surveillance to achieve and maintain
pseudorabies-free conditions in the state.
54-2237. Definitions, where found.
For purposes of the Pseudorabies Control and Eradication Act,
unless the context otherwise requires, the definitions found in sections
54-2238 to 54-2269 shall be used.
54-2238. Accredited veterinarian, defined.
Accredited veterinarian shall mean a veterinarian
approved by the Deputy Administrator of the United States Department
of Agriculture in accordance with 9 C.F.R. part 161, in effect on
January 1, 2002.
54-2239. Affected herd, defined.
Affected herd shall mean a herd in which livestock are infected.
54-2240. Affected premises, defined.
Affected premises shall mean land on which is located an
affected swine herd and shall include the buildings and equipment
located on such land.
54-2241. Affected swine herd,
defined. Affected swine herd shall mean a swine herd in
which swine have been determined by the results of an official test to be
infected with or diagnosed by a veterinarian as having pseudorabies.
54-2242. Area testing, defined.
Area testing shall mean testing of a random sample of each
swine herd in a program area.
54-2243. Breeding swine, defined.
Breeding swine shall mean boars, sows, and gilts being used or
intended for use for reproductive purposes.
54-2244. Circle testing, defined.
Circle testing shall mean testing of a random sample of each
swine herd located within two miles of the affected premises if in a
Stage II, III, or IV status area and within five miles if in a Stage V status
area.
Stages II, III, IV and V status areas are established pursuant to the
Part III Program Stages and Requirements of the State-Federal-Industry
Program Standards for Pseudorabies Eradication as approved by the
United States Department of Agriculture, Animal and Plant Health
Inspection Service, Veterinary Services, in effect on January 1, 2002.
54-2245. Cleanup testing,
defined. Cleanup testing shall mean testing done in an
affected swine herd as part of a swine herd cleanup plan.
54-2246. Concentration point,
defined. Concentration point shall mean any facility
where livestock from two or more herds are assembled and
subsequently dispersed to one or more locations.
54-2247. Department, defined.
Department shall mean the Department of Agriculture or its
authorized agent.
54-2248. Exposed, defined.
Exposed shall mean being part of an affected herd or having had a
reasonable opportunity to come in contact with infected livestock or a
pseudorabies virus.
54-2249. Feeder swine, defined.
Feeder swine shall mean swine being fed or intended to be fed
for weight-gaining purposes and eventual slaughter.
54-2250. Herd, defined. Herd
shall mean (1) any group of livestock maintained on common ground for
any purpose or (2) two or more groups of livestock under common
ownership or supervision geographically separated but which have an
interchange of livestock without regard to whether the livestock are
infected or exposed.
54-2251. Infected, defined.
Infected shall mean determined by the results of an official test or
diagnosed by a veterinarian as having pseudorabies.
54-2252. Livestock, defined.
Livestock shall mean cattle, swine, sheep, or goats.
54-2253. Negative, defined.
Negative shall mean not infected as determined by the department
based on results of an official test.
54-2254. Official test, defined.
Official test shall mean any testing procedure recognized for use in the
diagnosis of pseudorabies by (1) the United States Department of
Agriculture in 9 C.F.R. part 85, in effect on January 1, 2002, or (2) the
department in rules and regulations adopted and promulgated pursuant
to the Pseudorabies Control and Eradication Act.
54-2255. Positive, defined.
Positive shall mean infected as determined by the department based
upon results of an official test.
54-2256. Private treaty, defined.
Private treaty shall mean a sale of livestock from one person to
another person other than at a concentration point.
54-2257. Program activity, defined.
Program activity shall mean any activity required by the
department for determining the presence of pseudorabies in swine herds
or any activity relating to eradicating pseudorabies from swine herds and
to surveillance as part of the pseudorabies control and eradication
program.
54-2258. Program area, defined.
Program area shall mean a portion of a county, an entire county,
a group of adjacent counties, or part of or the entire state designated by
the department to be given priority assignment of a program activity and
state funds.
54-2259. Pseudorabies, defined.
Pseudorabies shall mean the contagious, infectious, and
communicable disease of livestock, variously known as Aujeszky's
Disease, mad itch, PRV, or infectious bulbar paralysis.
54-2260. Quarantine, defined.
Quarantine shall mean restriction of:
(2) Use imposed by the department of the premises, vehicles, and
equipment used for such livestock or herd.
54-2262. Sale, defined. Sale
shall mean a sale, lease, loan, trade, or gift.
54-2262.01. Stage, defined.
Stage shall mean a designation II, III, IV, or V assigned to a state
or area of a state by the United States Department of Agriculture with
respect to the prevalence of pseudorabies contained therein.
54-2263. Status swine herd, defined.
Status swine herd shall mean a swine herd which has been given
a title approved and assigned by the department according to the
pseudorabies disease condition of the swine herd.
54-2264. Surveillance, defined.
Surveillance shall mean testing done to determine the presence
of pseudorabies in the state or a program area.
54-2265. Suspect, defined.
Suspect shall mean unable to be classified as positive or negative, as
determined by the department, based on the results of an official test.
54-2266. Swine herd, defined.
Swine herd shall mean (1) any group of swine maintained on common
ground for any purpose or (2) two or more groups of swine under
common ownership or supervision geographically separated but which
have an interchange of swine without regard to whether the swine are
infected or exposed.
54-2267. Swine herd cleanup plan,
defined. Swine herd cleanup plan shall mean a written
agreement (1) which is designed to eradicate pseudorabies from the
swine herd pursuant to section 54-2277, (2) which is developed by the
swine herd owner or the authorized representative of the swine herd
owner and the development of which may include the veterinarian for
such swine herd, and (3) which is approved by the department.
54-2268. Testing, defined.
Testing shall mean (1) the collection of a blood sample from a swine by
or under the supervision of an accredited veterinarian, (2) submitting
such blood sample to a laboratory which is approved by the
administrator of the United States Department of Agriculture, Animal and
Plant Health Inspection Service, Veterinary Services, and which is set
out in the Veterinary Services Notice listing such laboratories, and (3)
subjecting such blood sample to an official test.
54-2269. Veterinarian, defined.
Veterinarian shall mean an individual who is a graduate of a
college of veterinary medicine.
54-2270. Department of Agriculture, Bureau of
Animal Industry; cooperation with other organizations.
The Pseudorabies Control and Eradication Act shall be administered by
the Bureau of Animal Industry of the department. In administering such
act, the department shall cooperate and may contract with persons or
appropriate local, state, or national organizations, public or private, for
the performance of activities required or authorized pursuant to such act.
54-2271. Department; federal funds;
allocation. The department shall cooperate with the
United States Department of Agriculture, Animal and Plant Health
Inspection Service, Veterinary Services, by recommending where and
how federal funds allocated for the pseudorabies control and eradication
program in Nebraska should be spent.
54-2276. Quarantine; cleanup plan.
Any swine herd determined to be an affected swine herd by the
department and any swine herd for which the owner refuses to comply
with the Pseudorabies Control and Eradication Act or any rules and
regulations adopted and promulgated thereto shall be put under
quarantine by the department, and a swine herd cleanup plan shall be
filed pursuant to section 54-2277.
54-2277. Cleanup plan; requirements.
Each owner or the authorized representative of the owner of a
swine herd under quarantine shall file a swine herd cleanup plan with the
department within seven days after the date of issuance of the
quarantine.
54-2278. Area testing required; when.
The department shall determine when and where area
testing shall be done based on epidemiological evaluation.
54-2279. Circle testing required;
when. The department may require circle testing around
any affected swine herd.
54-2280. Cleanup testing.
Cleanup testing (1) shall include testing of one hundred percent of the
breeding swine in an affected swine herd for the purpose of removing
infected swine and may include testing of up to one hundred percent of
all other swine on the same premises or (2) may include testing of up to
one hundred percent of all swine on the premises in an affected swine
herd without breeding swine for the purpose of removing infected swine.
54-2281. Random sample requirements;
criteria. The department shall establish criteria for
random sample requirements to be used for testing pursuant to the
Pseudorabies Control and Eradication Act.
54-2283. Import requirements.
The department shall establish import requirements for all swine
imported into Nebraska.
54-2286. Surveillance procedures and
criteria. The department shall establish procedures and
criteria for surveillance. Such surveillance procedures may include
testing of samples collected at slaughter establishments, at
concentration points, and from any swine herd.
54-2287. Department; conduct feeder and
breeding swine testing program; status swine herd title.
(2) The department shall assign a status swine herd title to those swine
herds which meet the requirements developed by the department for
such title. Such requirements shall include (a) the method and number
of swine subjected to testing, (b) the procedure for herd additions,
deletions, and movement into and out of such herds, and (c) a legal
description of the land on which facilities are located to maintain a
qualified pseudorabies negative herd or a qualified pseudorabies
negative growout herd.
(3) The department may cancel or suspend the title of a qualified
pseudorabies negative herd or a qualified pseudorabies negative
growout herd for failure to meet the requirements of subsection (2) of
this section. The department shall not renew such titles if the approved
testing schedule is not adhered to.
54-2288. Department; conduct pseudorabies
control and eradication program; prohibited acts; violation;
penalty. The department shall continually conduct a
pseudorabies control and eradication program. Under the program, the
department shall quarantine livestock and may require the testing of
swine exposed to or reasonably suspected of having been exposed to
infected livestock. Under the program, the department shall also
quarantine livestock and require the testing of swine imported into
Nebraska in violation of pseudorabies-related importation requirements
existing in rules and regulations adopted and promulgated by the
department. The department shall quarantine swine when a retest of
such swine is a requirement of the pseudorabies importation rules and
regulations. The department may prohibit the addition of swine into
affected or exposed swine herds.
It shall be unlawful for any person to fail to test or to remove any
livestock which have been placed in quarantine from the place of
quarantine until such quarantine is released by the department except
authorized movement for slaughter or other movement as authorized by
the department.
Any person violating this section shall be guilty of a Class III
misdemeanor for the first offense and a Class II misdemeanor for each
subsequent offense.
54-2289. Pseudorabies vaccine; department;
powers. For the protection of the livestock industry in
Nebraska and to aid in achieving the purposes of the Pseudorabies
Control and Eradication Act, the department shall regulate the sale and
use of pseudorabies vaccine. The department may restrict the sale and
use of pseudorabies vaccine and when deemed appropriate by the
department may require the use of pseudorabies vaccine. The
department shall require detailed record keeping and reporting by
persons involved in the sale or use, or both, of such vaccine.
54-2290. Department; adopt rules and
regulations. The department shall adopt and promulgate
rules and regulations to aid in implementing the Pseudorabies Control
and Eradication Act. The rules and regulations may include, but shall
not be limited to, provisions governing:
(2) The conduct of the pseudorabies control and eradication program,
including provisions governing: (a) When, where, how, by whom, and
how often testing is to be done; (b) what swine are to be subjected to
testing; (c) requirements of swine herd cleanup plans, including form,
execution, contents, duration, amendments, and enforcement; (d) how
and by whom results of testing are to be recorded; (e) by whom and to
whom the results of the testing are to be reported; (f) how, by whom, and
for what purposes such results will be utilized; and (g) assignment of and
requirements for titles for status swine herds and the suspension,
expiration, and cancellation of such titles;
(3) The conduct of surveillance in swine herds and at slaughter
establishments and concentration points, including provisions governing:
(a) When, where, how, by whom, and how often testing is to be done;
(b) what swine and swine herds are to be subjected to testing; (c) how
and by whom results of testing are to be recorded and reported; and (d)
the use of the results of testing by the department;
(4) Importation of swine, including provisions governing: (a) Age, origin,
entry, movement, and destination in the state; (b) when, where, how, by
whom, and how often imported swine are to be subjected to testing; (c)
what imported swine are to be subjected to testing; and (d) how testing
results are to be recorded, reported, and utilized;
(5)(a) What constitutes a program area; (b) what epidemiological factors
will be considered in determining the program area; and (c) when and for
what purpose a program activity will be selected;
(6) The issuance and release of quarantines and the requirements
regarding the handling, movement, and disposition of livestock under
quarantine;
(7) The cleaning and disinfecting of affected premises, including
provisions governing: (a) The materials to be used; (b) the procedures
to be used; and (c) when such procedures are to be performed;
(8) The testing of livestock to detect pseudorabies, including provisions
governing: (a) Which tests are to be deemed official tests; (b) by whom
the testing is to be administered; (c) how the testing is to be conducted;
(d) the reaction tolerances to be recognized; and (e) the classification of
results as to negative, suspect, or positive. These rules and regulations
shall be consistent with the best available scientific information relative
to the control and eradication of pseudorabies;
(9) The pseudorabies vaccination program, including provisions
governing: (a) The vaccines to be used; (b) the age of the swine to be
vaccinated; (c) the effect of vaccination on the interpretation of test
results; and (d) the reported sale and use of vaccine;
(10) The identification of swine subject to the act, including provisions
governing: (a) Exposed and infected swine; (b) vaccinated swine; and
(c) swine to be tested;
(11) Random sampling of swine herds, including provisions governing:
(a) When, where, how, by whom, and how often a random sample is to
be used in testing swine herds; (b) when and for what purpose a random
sample of a swine herd will be subjected to testing; (c) the number of
feeder, breeding, and other swine in a particular status swine herd or in
a swine herd which is not a status swine herd constituting a random
sample to be subjected to testing; (d) the age of swine in a status swine
herd and a swine herd which is not a status swine herd to be used as a
random sample and subjected to testing; and (e) how testing results are
to be recorded, reported, and utilized;
(12) Compliance with Part III Program Stages and Requirements of the
State-Federal-Industry Program Standards for Pseudorabies Eradication
as approved by the United States Department of Agriculture, Animal and
Plant Health Inspection Service, Veterinary Services, in effect on
January 1, 2002;
(13) Compliance with 9 C.F.R. part 85, in effect on January 1, 2002, for
pseudorabies control and eradication;
(14) Administration of the pseudorabies control and eradication program
subject to the availability of state funds;
(15) The assessment and collection of costs for services provided and
expenses, not to exceed actual costs, incurred under the act;
(16) The preparation, maintenance, handling, filing, and disposition of
records and reports by persons subject to the act concerning the
vaccination, testing, or movement of swine;
(17) Program activities and cleanup testing under the act on which state
funds, if appropriated and available, shall be used by the department
and limitations on use of such state funds for testing and other activities
under the act; and
(18) Any other areas deemed necessary by the department to effectively
control and eradicate pseudorabies.
54-2291. Violation; action to enjoin; county
attorney; duties.
(2) The county attorney of the county in which violations of the act or the
rules and regulations thereunder are occurring or about to occur shall,
when notified of such violation or threatened violation, cause appropriate
proceedings under subsection (1) of this section to be instituted and
pursued without delay.
54-2292. Costs; Pseudorabies Control Cash
Fund; created. The department may assess and collect
costs for services provided and expenses incurred pursuant to its
responsibilities under the Pseudorabies Control and Eradication Act. All
costs assessed and collected pursuant to this section shall be remitted
to the State Treasurer. The State Treasurer shall credit such costs to
the Pseudorabies Control Cash Fund which is hereby created.
54-2293. Pseudorabies Control Cash Fund;
use; investment. The Pseudorabies Control Cash Fund
shall consist of money appropriated by the Legislature and gifts, grants,
costs, or charges from any source, including federal, state, public, and
private sources. The fund shall be utilized for the purpose of carrying out
the Pseudorabies Control and Eradication 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.
54-2294. Department; access to
premises. In administering the Pseudorabies Control
and Eradication Act, the agents and employees of the department shall
have access to any premises where livestock may be for purposes of the
pseudorabies surveillance testing program or when the department has
reasonable cause to believe that infected or exposed livestock are
present on the premises.
54-2295. Records and reports;
access.
(2) Any person subject to the act shall, at all reasonable times, provide
access to all records and reports to the department and its
representatives for the purpose of examining and copying such records
and reports necessary to enforce the act.
54-2296. Testing; duties of owner;
costs.
(2) The department may provide state funds for certain activities or any
portion thereof in connection with the implementation of the act to or on
behalf of swine herd owners if funds for such activities or any portion
thereof have been appropriated and are available. The department shall
develop statewide priorities for the expenditure of state funds available
for program activities.
(3) Part of such state funds may be used by the department to pay a
portion of the cost of testing done by or for accredited veterinarians if
such work is approved by the department. All of such testing shall be
performed by or under the direct supervision of the accredited
veterinarian, except that nothing in this subsection shall restrict an
employee of the state or federal government in the performance of such
employee's duties under the act or federal law.
(4) In administering the act and programs pursuant thereto, the
department shall not pay for (a) testing done for change of ownership at
private treaty or at concentration points, (b) costs of gathering, confining,
and restraining swine subjected to testing or costs of providing
necessary facilities and assistance, and (c) the cost of testing to qualify
or maintain a status swine herd.
54-2297. Prohibited acts.
(2) It shall be unlawful for a seller to sell or import swine if not in
compliance with such acts.
54-2298. Destination; diversion of livestock;
prohibited; when. Whenever livestock are required or
designated pursuant to the Pseudorabies Control and Eradication Act 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.
54-2299. Conformance with federal standards.
In administering the Pseudorabies Control and
Eradication Act and conducting program activities authorized by the act,
the department shall as far as reasonably practical conform its program
activities to Part III Program Stages and Requirements of the State-
Federal-Industry Program Standards for Pseudorabies Eradication as
approved by the United States Department of Agriculture, Animal and
Plant Health Inspection Service, Veterinary Services, in effect on
January 1, 2002.
54-22,100. Violation; penalty.
Except as provided in section 54-2288, any person who violates the
Pseudorabies Control and Eradication Act or any rules and regulations
adopted and promulgated pursuant thereto shall be guilty of a Class IV
misdemeanor for the first offense and shall be guilty of a Class II
misdemeanor for each subsequent offense.
(1) Movement imposed by the department on (a) livestock, including one
or more livestock classified suspect, positive, or exposed, (b) a herd
which is reasonably suspected of being infected or exposed, (c) a swine
herd when the swine herd owner refuses testing of his or her swine herd
as required by the Pseudorabies Control and Eradication Act, (d) swine
imported into the state in violation of the Animal Importation Act, or (e)
swine imported into the state when a retest is required according to
subdivision (4) of section 54-2290; and
(1) The department shall continually conduct a feeder and breeding
swine testing program. Under the program, the department may require
testing of both feeder and breeding swine whenever such swine are
moving in commerce through concentration points or whenever feeder
and breeding swine are sold at private treaty.
(1) The conduct of the feeder and breeding swine testing program,
including provisions governing: (a) When, where, how, by whom, and
how often testing is to be done; (b) what swine are to be subjected to
testing; (c) how and by whom results of testing are to be recorded; (d) by
whom and to whom the results of the testing are to be reported; and (e)
how, by whom, and for what purposes such results will be utilized;
(1) In order to insure compliance with the Pseudorabies Control and
Eradication Act, the department may apply for a temporary 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 under 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.
(1) Any person subject to the Pseudorabies Control and Eradication Act
shall for two years keep on file records or make reports pertaining to
vaccination, testing, and movement of livestock infected with or exposed
to or suspected of being infected with or exposed to pseudorabies. Such
person shall keep on file any other records or make any other reports the
department deems necessary to enforce such act.
(1) When testing is to be performed pursuant to the Pseudorabies
Control and Eradication Act, the owner of the swine shall be responsible
for gathering, confining, and restraining such swine for testing and for
providing the necessary facilities and assistance.
(1) It shall be unlawful for a buyer to purchase feeder swine, breeding
swine, or both from a seller who has not complied with the Pseudorabies
Control and Eradication Act or to import such swine into the state when
the seller has not complied with the Pseudorabies Control and
Eradication Act or the Animal Importation Act.