001 Statement of Purpose.   The purpose of these regulations is to aid in carrying out the legislative intent and general purposes of those statutes of Nebraska governing the operation of Livestock Auction Markets in Nebraska.

002 Definitions.

002.01   ACCOUNT OF SALE shall mean a receipt given to the consignor or seller of livestock.

002.02   VS FORM 1-27 is a permit authorizing the movement of diseased or exposed animals, which form shall be issued only by an approved veterinarian or authorized regulatory personnel.

002.03   ANIMAL shall mean any animal, including poultry, other than man but shall exclude fish and reptiles.

002.04   APPROVED EARTAG shall mean a metal identification tag approved by the U.S. Department of Agriculture or the State of Nebraska which shall be placed in the ear to identify officially tested animals.

002.05   APPROVED VETERINARIAN shall mean any accredited veterinarian approved, designated, or certified by the State Veterinarian or Director of Agriculture to perform all required inspections and duties under the disease control laws and regulations.

002.06   BUREAU shall mean the Bureau of Animal Industry of the Department of Agriculture.

002.07   BRUCELLOSIS EXPOSED ANIMALS shall mean animals that are part of a known infected herd or have been in contact with a brucellosis reactor in marketing channels for periods of not less than twenty-four (24) hours, or periods of less than twenty-four (24) hours if the reactor has recently aborted, calved, or had a vaginal or uterine discharge.

002.08   QUALIFIED PSEUDORABIES NEGATIVE HERD shall mean a herd meeting the following criteria:

Qualified pseudorabies negative herd status is attained by subjecting all swine over 6 months of age to an official pseudorabies test and finding all swine so tested negative. If any of the swine so tested are positive, qualified pseudorabies negative herd status is attained by: (1) removing all official pseudorabies test positive swine and cleaning and disinfecting the herd premises; (2) retesting all swine over 6 months of age 30 days after removal of the official pseudorabies test positive swine and finding all swine so tested negative, and (3) retesting all swine over 6 months of age 60 days after removal of the official pseudorabies test positive swine and finding all swine so tested negative. The status of the herd is maintained by an official pseudorabies test of 25 percent of the swine over 6 months of age every 80-105 days and finding all swine so tested negative. All swine over 6 months of age in the herd shall be subjected to the official pseudorabies test each year. However, no swine over 6 months of age in the herd are to be tested twice in 1 year to comply with the 25 percent requirement. A minimum of 90 percent of the swine must have been on the premises and part of the herd for at least 90 days prior to the qualifying test or have entered directly from another qualified pseudorabies negative herd. All additions to the herd must test negative on two official pseudorabies tests not less than 30 days or more than 60 days apart before being added to the herd or be from another qualified pseudorabies negative herd.

002.09   PSEUDORABIES CONTROLLED VACCINATED HERD shall mean a herd meeting the following criteria:

A herd of swine in which all of the swine over 6 months of age are negative to an official pseudorabies test and are vaccinated for pseudorabies within 15 days after such test. The status of the herd is maintained by an official pseudorabies test of 25 percent of the offspring between 16 and 20 weeks of age and finding all swine so tested negative. All additions to the herd must test negative to an official pseudorabies test, be vaccinated for pseudorabies within 15 days after such test, and be added to the herd not more than 30 days after such test. Pseudorabies controlled vaccinated herds that become positive can be reclassified as a pseudorabies controlled vaccinated herd by (1) testing of all swine over 6 months of age; (2) removal of all swine which are positive to an official pseudorabies test; (3) cleaning and disinfecting the herd premises; (4) retesting all swine over 6 months of age 30 days after removal of the swine which are positive to an official pseudorabies test and finding all swine so tested negative; (5) retesting all swine over 6 months of age 60 days after removal of the swine which are positive to an official pseudorabies test and finding all swine so tested negative; and (6) vaccinating all swine over 6 months of age for pseudorabies within 15 days of the second negative test.

002.10   CHANGE OF OWNERSHIP TEST shall mean an official brucellosis test performed on all market test cattle.

002.11   HERD TEST for cattle shall mean an official brucellosis test of all eligible cattle in the herd. Eligible cattle shall include those over six (6) months of age except steers, spayed heifers, official vaccinates under eighteen (18) months of age.

002.12   EXPOSED ANIMALS shall mean those that have been in contact with any diseased animals. Such term shall also mean those animals that have been in contact with other exposed animals as defined in this subdivision. Brucellosis exposed animals are as defined in 23 NAC 12-002.07, above.

002.13   FORM A-237 is a health certificate or examination form of the Bureau, which form shall be issued only by an approved veterinarian, after establishing the health status and performing the required tests on the involved animals.

002.14   FORM NBAI-16 is a health certificate or examination form of the Bureau, which form shall be issued only by an approved veterinarian, after establishing the health status and performing the required tests on the involved animals.

002.15   FORM A-276A is the "Quarantine of Animals" form which prohibits or restricts the movement of animals.

002.16   FORM A-276B is a "Brucellosis Quarantine of Cattle" form which prohibits or restricts the movement of cattle affected with, exposed to, or suspected of having, brucellosis.

002.17   FORM A-277 is a "Quarantine of Premises, Vehicles, and Equipment" form which shall be issued to prohibit the use or occupation of such premises, vehicles, and equipment when provided by the animal disease control laws and the regulations thereunder.

002.18   FORM NB-52 is a form for reporting backtags applied.

002.19   FORM NSD-l2 is a Shipper's Declaration form furnished by the Bureau which authorizes the release of livestock of unknown brucellosis status to immediate slaughter or to a licensed market for resale to immediate slaughter. The form shall be issued by market personnel and signed by the buyer or his agent. One copy of the form shall accompany the animals to slaughter or to the market.

002.20   FORM B-4 is a form for recording official brucellosis testing.

002.21   HERD shall mean a group of animals of like species maintained on common ground for any purpose, or two or more groups of animals under common ownership or supervision on separate premises which have an interchange of animals.

002.22   IMMEDIATE SLAUGHTER shall mean delivered to an officially inspected slaughter establishment or to a licensed market within seven (7) days of removal from farm of origin or following the date of sale through any market.

002.23   QUARANTINE FACILITY shall mean any enclosure sufficient to prevent animals so enclosed from coming into physical contact with any other animals.

002.24   MCI TAG shall mean an official backtag prescribed by the U.S. Department of Agriculture for identifying livestock moving in commerce. After an animal has been tested for brucellosis, the MCI tag shall be painted yellow with spray paint or a paint stick in such a manner that the tag number is still readable.

002.25   MARKET shall include both Livestock Auction Market as defined in the Nebraska Auction Market Development Act and Livestock Market as defined in the Nebraska Livestock Market Act.

002.26   MARKET CATTLE TEST shall mean an official brucellosis test of market test cattle moving in trade through markets, through livestock dealer concentration points, at slaughtering establishments, or on the farm of origin within 30 days prior to sale or movement.

002.27   MARKET TEST CATTLE shall mean:

002.27A   Females, unless spayed, and bulls over twenty-four months of age, and

002.27B   Bred heifers over eighteen months of age unless they are official calfhood vaccinates and not parturient or postparturient.

002.28   OFFICIAL VACCINATE shall mean an animal conforming to the following provisions:

002.28A   A calfhood vaccinated animal shall mean an animal between 2 and 4 months of age that has been vaccinated with a standard dosage of Brucella Strain 19 Vaccine, or an animal between 4 and 12 months of age that has been vaccinated with a diluted dosage of said vaccine in accordance with the procedure set out below:

002.28A1   Store unreconstituted vaccine at 4C (38F-40F).

002.28A2   Non-pyrogenic sterile water may be used if regular diluent is not available.

002.28A3   Dilute the vaccine by the following manner:

002.28A3a   Reconstitute a dose of standard vaccine as recommended by manufacturer.

002.28A3b   Mix the standard vaccine with the diluent according to the following table:

Standard				Diluted		Diluted
Vaccine		Diluent		Vaccine		Doses
1.25 cc	+	23.75 cc	=	25 cc	or	12.5
2.50 cc	+	47.50 cc	=	50 cc	or	25
5.00 cc	+	95.00 cc	=	100 cc	or	50

002.28A3c   Mix thoroughly and administer a 2 cc dose subcutaneously.

002.28A4   Reconstituted vaccine should be used within  hour. Surplus prepared vaccine should be inactivated by mixing disinfectant with vaccine or by autoclaving.

002.28B   Calfhood vaccinated animals shall be permanently identified as vaccinates by tattoo and by official vaccination eartag, or by any other form of identification approved by the Bureau. Vaccination tattoos must be applied to the right ear. The tattoo will include the U.S. Registered Shield and V, which will be preceded by a number indicating the quarter of the year and will be followed by a number corresponding to the last digit of the year in which the vaccination was done. Official vaccination eartags shall be applied to the right ear. The eartag will include the State prefix and a V, followed by 2 letters and 4 numbers which will individually identify such vaccinated animal. Individual animal registration tattoos may be substituted for official eartags.

002.29   Class Free State shall mean a state so classified by the United States Department of Agriculture, Animal and Plant Health Inspection Service, based upon the incidence of brucellosis infection existing in said state. A state classified partially as one class and partially as a lower class shall, for the purposes of this rule, be deemed to be of the lower of the two classes.

002.30   Class A State shall mean a state so classified by the United States Department of Agriculture, Animal and Plant Health Inspection Service, based upon the incidence of brucellosis infection existing in said state. A state classified partially as one class and partially as a lower class shall, for the purposes of this rule, be deemed to be of the lower of the two classes.

002.31   Class B State shall mean a state so classified by the United States Department of Agriculture, Animal and Plant Health Inspection Service, based upon the incidence of brucellosis infection existing in said state. A state classified partially as one class and partially as a lower class shall, for the purposes of this rule, be deemed to be of the lower of the two classes.

002.32   Class C State shall mean a state so classified by the United States Department of Agriculture, Animal and Plant Health Inspection Service, based upon the incidence of brucellosis infection existing in said state. A state classified partially as one class and partially as a lower class shall, for the purposes of this rule, be deemed to be of the lower of the two classes.

002.33   Test-eligible cattle shall mean all cattle over 18 months of age (as evidenced by the loss of the middle pair of temporary incisor teeth) except steers, spayed heifers, official vaccinates of the dairy breeds under 20 months of age, and official vaccinates of the beef breeds under 24 months of age (as evidenced by the presence of the middle pair of permanent incisor teeth) which are not parturient (springers) or postparturient.

003.01   These regulations will be administered, for the most part, by the Department of Agriculture's Bureau of Animal Industry, located in the State Office Building, Fourth Floor, 301 Centennial Mall South, Lincoln, Nebraska. The mailing address is P.O. Box 94787, Lincoln, Nebraska 68509-4787. The telephone number is (402) 471-235l.

003.02   The licensing portions of the Nebraska Auction Market Development Act and these regulations (primarily 23 NAC 12-004 and 005, below), will be administered by the Nebraska Livestock Auction Market Board. The location, address and telephone number of the Board is the same as that of the Bureau of Animal Industry.

005 Rules of Practice and Procedures Governing Hearings on the Issuance of Livestock Auction Market Licenses

005.01 Notice.

005.01A   The Director shall fix a reasonable time for the hearing and shall cause a copy of the application, complaint, dispute, or issues involved, together with notice of the time and place of hearing, to be served by mail not less than fifteen (15) days prior to such hearing upon the following:

005.01A1   All duly organized statewide livestock associations in the state who have filed written requests with the board to receive notice of such hearings and such other livestock associations as in the opinion of the Director would be interested in such application; and

005.01A2   The operators of all livestock auction markets in the state; and

005.01A3   Such other persons as in the opinion of the Director would have an interest in the hearing.

005.01B   The Director shall give further notice of such hearing by publication of the notice thereof once in a daily or weekly newspaper circulated in the city or village where such hearing is to be held, as in the opinion of the Director will give reasonable public notice of such time and place of hearing to persons interested therein.

005.02 Contents of Complaints.   Prior to such notice of hearing involving disagreements or disputes between parties operating under the Nebraska Livestock Auction Market Development Act, the complaining party must submit to the Board a notarized statement attesting to the allegations, grievances, or accusations; if subsequent amendment is necessary, it shall be fully stated as soon as practicable.

005.03 Hearing.

005.03A   All parties will be afforded opportunity to present evidence and argument.

005.03B   In all hearings before the Board in which the board has filed a complaint against any market license holder, the Board shall be represented by the Attorney General's Office of the State of Nebraska when possible.

005.03C   In all hearings before the Board a complete and accurate record shall be kept, which record shall be made available to any interested parties in the hearing; provided, however, that the State of Nebraska shall have no liability for the cost of the transcripts made unless made at its specific request.

005.03D   It shall be improper for any person having business before the Board to discuss such business with any Board member at such time or place when all Board members are not together and at which an adversary party may not have had notice of such meeting and an opportunity to be present.

005.03E   The Board will hear all evidence of probative value, but will exclude incompetent, immaterial, and repetitious evidence. The Board will give effect to the laws of privilege recognized by law.

005.03F   The hearing examiner will administer oaths and compel the production of any papers, books, accounts, documents, and testimony and cause the dispositions of witnesses to be taken in the manner prescribed by law. Documentary evidence shall be made a part of the record of the hearing.

005.03G   Every party shall have the right of cross-examination of witnesses who testify and shall have the right to submit rebuttal evidence. The Board will recognize general, technical or scientific facts within its specialized knowledge. All parties will be notified either before or during the hearing or otherwise of the material so noticed and shall be afforded an opportunity to contest the facts so noticed.

005.04 Disposition of Hearing Issues.

005.04A   After the hearing the Board may take such matters under advisement as it determines necessary.

005.04B   The Board shall make such independent investigations and inquiry as it considers necessary.

005.04C   All communications between members of the Board shall be confidential.

005.04D   Parties to the proceeding shall receive written notice by registered or certified mail of the decision and order. A copy of the decision and order and accompanying findings and conclusions will be delivered or mailed upon request to each party or his attorney of record.

006.01 Scales.   No livestock auction market shall be licensed or, if a license has been issued, continue to operate as a livestock auction market if such market weighs livestock for purposes of purchase or sale and does not have an approved scale operated by a licensed weighmaster. An approved scale shall mean one which satisfies the requirements of the Nebraska statutes relating to weights and measures, Neb. Rev. Stat. §§89-101 to 89-1,103.

006.02 Weighmasters.   All livestock weighed on scales in the course of business of a livestock auction market shall be weighed by a weighmaster licensed pursuant to the authority of Neb. Rev. Stat. §54-1175. Applications for such license shall be made on a form furnished by the Bureau.

007.01   The following minimum veterinarian inspection fees authorized by Neb. Rev. Stat. §54-1180 shall be collected by the operator of the auction market and remitted to the Bureau:

	per head
Cattle for immediate slaughter	8¢
Stocker and feeder cattle	15¢
Fat swine for immediate slaughter	8¢
Feeding and breeding swine	15¢
Sheep for immediate slaughter	8¢
Stocker and feeder sheep	15¢
Horses and mules	50¢

007.02   If the combined charges per head on inspection of all livestock at a livestock auction market on any one sale day do not equal or exceed the guaranteed minimum salary of $25.00, the minimum fee of $25.00 shall be remitted. All inspection fees are due on and from the date of collection. All fees must be remitted on or before the tenth day of the month for sales held during the preceding month, accompanied by reports on forms provided by the Bureau.

008.01   Each auction market shall keep complete records of all business transactions concerning livestock handled. Such records shall contain the following information:

008.01A   The names and addresses of all persons who have purchased, sold, consigned, or taken consignment of livestock;

008.01B   The dates of all purchases, sales and deliveries of livestock; and

008.01C   A description of the livestock.

008.02   All records shall be kept for a period of at least two years.

009.01   Facilities shall be maintained in a continual state of good repair;

009.02   All areas of the market used for holding, sorting, testing or otherwise handling livestock shall be cleaned and disinfected under the supervision of the approved veterinarian, when necessary. Such activities shall be reported to the office of the State Veterinarian on forms provided by said office;

009.03   All markets shall be equipped with quarantine pens to be used for handling diseased livestock and livestock suspected of being diseased. After being used as a quarantine pen, such a pen shall be used for no other purpose until it has been cleaned and disinfected under the supervision of the certified veterinarian.

009.04   All markets shall be equipped with paved areas for assembling, sorting, testing or other handling of feeding and breeding swine, if such swine are handled by the market. Such areas are to be cleaned after each use for feeding or breeding swine; and

009.05   All markets shall be equipped with suitable and sufficient paved areas for restraining and confining livestock for regulatory purposes.

010.01 Approved Veterinarian.   The release of livestock from an auction market shall be handled by the approved veterinarian who shall insure all such livestock conform to the requirements of the animal disease control laws and regulations of this state. The certified veterinarian shall inspect all such livestock prior to sale, and shall reject or detain at the owner's expense, all such livestock found or suspected by him to be diseased or exposed to disease. In addition, he shall:

010.01A   Perform the collection of blood samples from all market test animals;

010.01B   Perform the official market test on all blood samples prior to the release of any animal;

010.01C   Complete the application and recording of all eartag numbers, backtag numbers, and test results on the official test chart;

010.01D   Promptly mail all blood samples and test charts to the State-Federal Brucellosis Laboratory;

010.01E   Issue the following release forms and distribute copies as required thereon:

010.01E1   VS Form 1-27;

010.01E2   Form A-237;

010.01E3   Form A-276B; and

010.01E4   Form A-276A; and

010.01F   Furnish the purchaser upon request with documentation of completed official tests.

010.02 Release of Cattle.

010.02A   All market test cattle offered for sale, bartered, or sold through a market shall at the time received be identified by a backtag affixed a few inches from midline and just behind either shoulder, All market test cattle shall be tested as provided below except for the following situations:

010.02A1   Cattle consigned or sold directly from certified brucellosis free herds and accompanied by written proof of such herd status; Provided, such cattle may be yarded separately to maintain their identity and status; and Provided further, that the identity and status shall be maintained until release;

010.02A2   Cattle found to be negative by an official brucellosis test conducted within thirty (30) days prior to sale; Provided, that such animals shall have been individually identified by approved eartag or tattoo and accompanied by an official test record or health certificate showing the identification and test results of each animal, or shall have been identified by an approved eartag and backtag within thirty (30) days prior to sale; and Provided further, that the identity and negative status of such animals shall be maintained until release; and

010.02B   All untested market test cattle, except as excluded above, shall move from the market to immediate slaughter. Backtagged market test cattle sold for shipment to immediate slaughter shall be released on a Shipper's Declaration (Form NSD-12).

010.02C   Backtagged market test cattle sold for other than immediate slaughter shall be tested negative for brucellosis by the certified veterinarian prior to release, except as provided in 23 NAC 12-010.02D, below.

010.02D   Market test cattle (1) not having a negative brucellosis test within thirty (30) days prior to being sold and shipped for other than immediate slaughter or (2) sold directly from certified brucellosis free herds for other than immediate slaughter shall not be released or removed from the market until officially tested negative.

010.02E   All market test cattle from Class Band C states shall be brucellosis tested prior to sale. A negative test within the previous thirty (30) days is acceptable if the test information is on the health certificate or test chart accompanying the animals. Cattle released to a farm or ranch shall be quarantined by the market veterinarian to the farm or ranch. The quarantine shall be released following a negative test conducted within 45 to 120 days following issuance of the quarantine. Cattle released to a dealer or another market shall be accompanied by a health certificate. The health certificate shall state that the cattle will be quarantined for a retest upon being resold by the market or dealer. Cattle released to slaughter shall be released on a NSD-12 (Shippers Declaration).

010.02E   Official Market Testing release requirements are as follows:

010.02E1a   Animals tested at the market at private expense prior to sale;

010.02E1b   All tests prior to sale shall be made in the name of the seller or consignor. Each tested animal shall be identified by official eartag and backtag. Negative animals from tested consignments wherein reactors are disclosed shall be either sent to immediate slaughter with VS Form 1-27 or returned to the farm of origin with quarantine for official program testing. If reactors are disclosed in consignments from other states, the entire consignment shall be sold for immediate slaughter provided, the negative animals may be returned to state of origin with permission from said state of origin in accordance with Title 9, Code of Federal Regulations, Part 78.

010.02E2a   Tests conducted after sale at private expense on backtagged cattle not sold for immediate slaughter:

010.02E2b   The lot of each purchaser shall be tested in his name; and tested animals shall be individually identified by official eartag and backtag. Reactors shall be tagged, branded, and shipped to immediate slaughter. Exposed animals tested negative from the lot of a seller where any reactor has been disclosed by test shall be sent to immediate slaughter with VS Form 1-27, and be either "S" branded or moved in sealed trucks.

010.02E3   All reactors disclosed at the market shall be tagged and branded prior to removal from the market.

010.02F   Reactors, suspects or exposed animals consigned for sale shall move in commerce accompanied by a VS Form 1-27. Such animals shall be released only for immediate slaughter.

010.03 Release of Swine.

010.03A   Feeding and breeding swine may move through a market, subject to the following requirements:

010.03A1   Such swine, originating in Nebraska, shall have been confined on the premises of origin for not less than thirty (30) continuous days preceding the movement through the market.

010.03A2   Swine infected with, exposed to, or suspected of having been exposed to any dangerous, infectious, contagious, communicable or otherwise transmissible disease shall be returned to the premises of the owner or moved to immediate slaughter. Swine affected with atrophic rhinitis or chronic arthritis and all swine originating in the same consignment, shall be identified by a yellow water resistant marking over or along the back.

010.03A3   Swine released from an auction market shall be confined on the premises of the purchaser for thirty (30) days separate from all other swine, except when moved directly out of Nebraska pursuant to the import requirements of the state of destination.

010.03B   Slaughter swine, except garbage-fed swine, may move through a market, subject to the following requirements:

010.03B1   Native swine shall be moved directly to slaughter establishment, market, or dealer concentration point providing for state or federal inspection.

010.03B2   Swine originating in other states shall follow the import laws and regulations of this state.

010.03C   Garbage-fed slaughter swine shall move to immediate slaughter.

010.04 Requirements for Release of Sheep.

010.04A Scabies.   Sheep may move from a market, Provided:

010.04A1   They are consigned for immediate slaughter; or

010.04A2   They originate from a scabies free area, show no evidence of scabies, and have not been exposed thereto; or

010.04A3   They are from a non-quarantined flock or band in a federally designated scabies infected or eradication area, and treated within ten (10) days of movement with an approved pesticide under supervision of an approved veterinarian.

010.04B Ram Epididymitis.   Breeding bucks shall be individually examined prior to sale, and shall be free of gross lesions of ram epididymitis.

010.04C Contagious Ecthyma (Sore Mouth).   All sheep affected with, or exposed to, contagious ecthyma shall be immediately removed from the market and returned under quarantine to the premises of the seller or consignor.

011.01   All market test cattle that are sold or bartered through an auction market, except cattle sold to immediate slaughter, shall be brucellosis tested in the manner prescribed below.

011.02   The official brucellosis testing classifications shall be as follows:

011.02A   The testing procedure to be utilized in auction markets shall be the card test, conducted by the approved veterinarian and confirmed in the State-Federal Laboratory by the same testing procedure. Any animal which is positive to such test shall be classified as a reactor. Any animal which is negative to such test shall be classified negative.

011.02B   Notwithstanding 23 NAC 12-011.02A, above, any market may use the standard plate test in lieu of the card test upon a signed, written request to the State Veterinarian and approval by the State Veterinarian to conduct such test, which test shall thereafter be the sole test used at such facility. Results of the standard plate test shall be confirmed in the State-Federal Laboratory by the same testing procedure. Standard plate test classifications are as follows:

012 Swine Brucellosis

012.01 Identification.  

012.01A   All slaughter sows and boars received at first point of sale by markets shall be uniformly identified by the farm of origin, sufficient to distinguish such swine from other swine. The identification shall be recorded on a waybill. Such swine shall then be identified, by the auction market, to the farm of origin by tattoo or other methods acceptable to the State Veterinarian. The identification by the market shall be specified on the account of sale.

012.01B   Swine reacting to the brucellosis test shall be permanently identified by an official reactor eartag placed in the left ear within fifteen (15) days following the disclosure of infection.

012.02 Identification Reports.   All auction markets responsible for identifying swine in accordance with the provisions of Neb. Rev. Stat. §54-1358 shall maintain adequate records of such identification, as prescribed in the recordkeeping provisions of these regulations.

012.03 Official Testing.

012.03A   The official tests for swine brucellosis shall be as follows:

012.03A1   Card Test;

012.03A2   Rapid screening test;

012.03A3   Rivanol test; and

012.03A4   Any other testing procedure recognized for use in the diagnosis of swine brucellosis by USDA.

012.03B   Testing shall be performed by the approved veterinarian, whenever required or authorized by the Nebraska Swine Brucellosis Act or the regulations adopted thereunder.