Neb. Admin. Code tit. 23 — Bureau of Animal Industry

Chapter 10 Rendering and Pet Feed Manufacturing

Neb. Admin. Code tit. 23, ch. 10 Rendering and Pet Feed Manufacturing {#sec-23-nac-10 omnilex-key=us-ne-regs-official--title-23--23 NAC 10}

001 Statement of Purpose . The purpose of these regulations is to aid in carrying out the legislative intent and general purposes of those portions of the Nebraska Meat and Poultry Inspection Law (The "Act") applicable to rendering and pet feed manufacturing establishments.

002 Administration . These regulations will be administered by the Department of Agriculture's Bureau of Animal Industry, located on the fourth floor of the State Office Building, 301 Centennial Mall South, Lincoln, Nebraska. The mailing address is P.O. Box 94787, Lincoln, Nebraska 68509. The telephone number is (402) 471-2351.

003 Definitions . The definitions found at Neb. Rev. Stat. §54-1902 shall apply to the terms used in these regulations. In addition, the following definitions shall apply:

003.01 APPROVED VETERINARIAN shall mean a person who has received a doctor's degree in veterinary medicine from an accredited school of veterinary medicine and who is authorized by the State Veterinarian to perform duties pursuant to these regulations.

003.02 CONSIGNOR shall mean the person named in a shipping document as the person from whom inedible meat and carcass parts have been received for shipment.

003.03 CONSIGNEE shall mean the person named in a shipping document to whom delivery of inedible meat or carcass parts has been promised.

003.04 INEDIBLE MEAT and CARCASS PARTS shall mean any material in the raw or unprocessed state derived from slaughtered animals and not intended for human consumption and material derived from seriously distressed animals or animals dead or dying other than by slaughter, and capable of being processed into pet animal food by a process other than dry rendering.

003.05 METAL NUMBERED SEALS shall mean small individually numbered metal strips constructed in such a manner that the two ends permanently lock together and can only be separated by cutting or other physical breaking, such as those seals approved for this use by the Bureau of Animal Industry.

003.06 SEAL shall mean the physical closing of all of the outer cargo openings of a carrier, by means of one or more metal numbered seals.

003.07 DECHARACTERIZATION shall mean the uniform application of sufficient quantities of dye, charcoal, malodorous fish oil, acid, or any other agent approved by the Bureau, upon and into freely slashed flesh of processed meat as to unequivocally preclude its use for human food.

003.08 APPROVED DECHARACTERIZATION AGENT shall mean a decharacterization agent approved for use as such by the Bureau of Animal Industry.

003.09 DENATURE shall mean the process by which condemned inedible meat and carcass parts are rendered unfit for human consumption.

003.10 APPROVED DENATURING AGENT shall mean a denaturing agent approved for use as such by the Bureau of Animal Industry.

003.11 PROCESSING shall mean a method whereby meat or meat products, poultry or fish products are cut, boned, mixed, blended, canned, cooked, cured or otherwise prepared for purposes other than for human consumption.

003.12 RAW PRODUCT AREA shall mean that area of a plant set aside to receive meat or meat products, poultry or fish products or carcasses of animals, poultry or fish brought or delivered to the plant to be prepared for processing.

003.13 PROCESSING AREA shall mean that area set aside for processing.

003.14 FINISHED PRODUCT AREA shall mean that area to which the finished product is conveyed for storage in bulk, bags or other containers.

004 Sanitation and Operation . All pet feed manufacturing and rendering establishments shall be maintained and operated in a sanitary manner.

004.01 All walls, floors, and equipment shall be of a type that can be readily and easily cleaned and sanitized.

004.02 All floors, walls, ceilings, stairways, handrails, piping, window ledges and other open surfaces shall be kept free of litter, or any other accumulations and shall be routinely cleaned and sanitized.

004.03 All rendering establishments shall have sufficient live steam to properly clean, sanitize and disinfect all areas and equipment. An ample supply of water at not less than 180 degrees Farhrenheit shall be furnished and used for the cleaning of floors, walls, handrails, stairways, equipment and the like.

004.04 All outside areas of the establishment premise shall be kept free from any accumulation of bones, horns, offal, rumen contents, weeds and any other debris that might create a nuisance, contribute to unsanitary conditions or attract vermin, insects or birds. All operations shall be in conformance with local municipal ordinances and county resolutions.

004.05 Persons working in any establishment shall maintain a reasonable personal hygiene.

004.06 All tools and equipment when used in handling or conveying products shall be kept clean and in a sanitary condition.

004.07 All interbuilding connecting walkways or areas between raw product areas and processing or finished product areas shall be kept clean and free from any residue from adjacent areas at all times.

004.08 Signs in large and conspicuous letters shall be posted at all entrances, restricting all unauthorized persons. Unauthorized persons are all those other than employees and management of the establishment, their invited guests, and personnel of the Bureau on official business.

004.09 Hides shall not accumulated past normal working time in the raw product area but shall be stored in a compartment separate from the raw product area. All hides shall be salted or treated prior to storage in the hide storage are, in accordance with sound manufacturing practices.

004.10 Sufficient temperature shall be employed in cooking livestock, poultry, fish or products of the same order to render such products free of any infectious, contagious or otherwise transmissible disease that may have been present in the raw product. A product found to be improperly cooked or to have become contaminated with a pathogenic organism after cooking may be required to be reprocessed or destroyed by burning, or buried at least four (4) feet under the surface of the ground.

004.11 All fluids from the establishment, including washings from trucks, containers and equipment, shall drain into an acceptable sewer, cesspool or lagoon. Lagoons shall be conspicuously posted as containing waste products from the establishment, contaminated, and unfit for human use, and shall be fenced, so as to exclude livestock.

004.12 No animal suspected to have died from toxic substances may be used in pet feed manufacturing or rendering.

004.13 All animal product prepared for use as pet food shall be decharacterized with a decharacterizing agent approved by the bureau.

004.14 Records shall be kept on all products and carcasses received by establishments and shall include numbers, species, the farm or other premise where the product or carcass was picked up and the date when picked up. These records shall be available for examination by any authorized representative of the Bureau and shall be maintained for one year.

004.15 Sampling of any product by an inspector may be a part of any inspection procedure and a reasonable sample may be taken for the purpose of disease or sanitation survey or control at no cost to the Department. In case sizeable samples may be required, the inspector shall pay or offer to pay for such samples.

004.16 Dressing rooms and toilet facilities shall be maintained in a sanitary condition. Such areas shall be separate from all product handling areas of the establishment.

004.17 Each establishment shall provide sufficient natural or artificial light, or both, at all places and at all times of the day, of good quantity and well distributed so as to be adequate for proper conduct of establishment operations. Sufficient ventilation shall be provided for all rooms and compartments so as to insure a sanitary and healthful condition.

004.18 The water supply shall be ample and potable with adequate facilities for distribution throughout the plant. An ample supply of hot water (not less than 105^oF.) shall be available for cleaning of equipment, floors, walls, etc. Hot water shall be delivered under pressure to sufficient, convenient outlets to accomplish a thorough cleanup.

004.19 Every practical precaution shall be taken to exclude insects, rodents and other vermin from the facilities.

004.20 The entire area and equipment of the establishment in which carcasses are received and processed shall be thoroughly cleaned after each day's operations.

005 Transportation .

005.01 All trucks and containers used in transporting products shall be kept in a sanitary condition.

005.02 All trucks and containers during use in transporting carcasses and carcass parts shall be leakproof and constructed so that the load is not visible. Trucks and containers shall be cleaned, sanitized and disinfected following each unloading and before leaving the establishment premises. Such cleaning, sanitizing and disinfecting shall include both the interior and exterior of trucks, barrels, or any other containers used to handle products.

005.03 All trucks hauling carcasses or carcass parts shall have the name of the licensee conspicuously displayed on both sides of the vehicle whether the trucks are the property of the establishment or an agent thereof or are leased or rented by either of the aforementioned parties.

005.04. Drivers of trucks hauling carcasses or carcass parts shall at all times while operating such trucks exercise reasonable precautions to prevent the spred of infectious, contagious or otherwise transmissible diseases from the establishment to and from any premise where livestock is kept.

005.05 Vehicles or containers used to transport carcasses or carcass parts for rendering shall insofar as practical or economically sound not be used for transporting carcasses or carcass parts intended for pet food manufacturing at the same time and shall be completely sanitized and disinfected between shipments.

005.06 Inedible meat and carcass parts transferred into the State of Nebraska must be consigned to an establishment licensed by the Bureau.

005.07 Intrastate transfer of inedible meat and carcass parts shall be restricted to transfers between licensed establishments.

005.08 For the purposes of compliance with the entry requirements of other states, restricting the shipment of inedible meat and carcass parts without inspection and certification by the shipping state, when inedible meat and carcass parts are being transferred out of the State of Nebraska, the State Veterinarian may appoint an approved veterinarian to certify inedible meat and carcass parts in the name of the State Veterinarian, provided, however, that the expense of such certification shall be paid by the person requesting the certification of the appointed veterinarian.

005.09 All inedible meat and carcass parts shall be shipped in containers conspicuously marked with the word "Inedible" except where federal meat inspection regulations provide that certain containers of undenatured lungs or lung lobes shall be identified in two (2) inch lettering with the statement "(SPECIES) Lungs - Not for Human Consumption."

005.10 All carriers transferring processed inedible meat and carcass parts into or within the State of Nebraska must be closed and all outer openings sealed at the point of origin with metal numbered seals under the supervision of the approval veterinarian or a plant employee under his supervision. The number of seals used must be entered on the shipping documents prescribed by the Bureau.

005.11 Shipping documents, completely executed shall accompany all transfer of processed inedible meat and carcass parts intended for pet food moving into or within the State of Nebraska. Shipping documents shall be in the form prescribed by 23 NAC 10-005.12, below. Shipping documents shall be completed and executed in quadruplicate as follows:

005.11A Date of shipment - Hour shipped.

005.11B Number of containers of inedible meat and carcass parts shipped.

005.11C Pounds of inedible meat and carcass parts shipped.

005.11D Attestation by the approved veterinarian that the inedible meat and carcass parts have been processed in establishments having facilities equal to those required in these rules and regulations, equivalent inspection, sanitation, are adequately decharacterized and have been held within the required temperature range.

005.11E Name of plant consigning inedible meat and carcass parts.

005.11F Signature of consignor.

005.11G Date and hour shipment received by the consignee.

005.11H Name of plant receiving inedible meat and carcass parts.

005.11I Signature of consignee.

005.11J Number of seal or seals used to seal the carrier at point of origin.

005.11K Number of seal or seals broken at destination by consignee.

005.11L The consignee is to retain and deliver all broken seals to the Bureau.

005.11M Number of containers or inedible meat and carcass parts received.

005.11N Pounds of inedible meat and carcass parts received.

005.12 Shipping Document.

SHIPPING DOCUMENT

Date of shipment ____________________ Hour
Number of containers of inedible meat and carcass parts
Pounds of inedible meat and carcass parts
Name of Plant consigning shipment
Signature of consignor
Date shipment was received ___________ Hour
Name of plant receiving inedible meat and carcass parts
Signature of consignee
Number of seal or seals used to seal carrier at point of origin
Number of seal or seals broken at destination by consignee
Number of containers of inedible meat and carcass parts received
Pounds of inedible meat and carcass parts received
Attestation of approved veterinarian at point of origin of shipment

Signature of approved veterinarian

005.13 The original copies of shipping documents required under 23 NAC 10-005.11 and .12, above, are to be forwarded to the Bureau within twenty-four (24) hours of commencement of the shipment. Two copies are to accompany the shipment and be delivered to the consignee. The consignee is to sign and forward to the Bureau one of the copies delivered to him by the carrier together with the broken seal or seals which accompanied the shipment within twenty-four (24) hours of delivery. He is to retain the other copy. One copy is to be retained by the consignor.

005.14 All processed inedible meat and carcass parts intended for use as pet food shall be held at a temperature of 40^oF. or less until it reaches the final processor.

006 Inspection . No inedible meat or carcass parts shall be processed into pet food within the State of Nebraska, unless the product has been inspected and passed by the approved veterinarian at the licensed processing establishment. Such veterinarian shall inspect carcasses for the presence of dangerous communicable disease or poisons and evidence of decomposition, and enforce sanitation requirements so as to insure the absence of any conditions which will cuase the carcass to be condemned as unfit for processing into animal food.

007 Processing of Fallen or Dead Animals . Plants may process fallen or dead animals, where animals are recovered and transported to a licensed processing plant within a reasonable time following death before decomposition occurs. If this occurs after normal working hours for the inspector, the animals are to be immediately skinned and eviscerated. The lungs, heart, liver and kidneys of the animals are to be left attached to the carcass. The stomach or stomachs, together with the entire intestinal tract, are to be discarded at the time of evisceration. All carcasses skinned shall be conspicuously stamped with the word "Inedible." The carcasses are to be stored in a chilled room with attached viscera and are to be inspected at the start of the next working day by the approved veterinarian. Condemned carcasses from pet food plants shall be processed only by a licensed rendering plant. All decisions of the approved veterinarian are final.

008 Processing Carcasses .

008.01 Processing facilities shall be in a separate area. The entire area shall be equipped for and used only for the following operations: skinning, eviscerating, deboning, grinding, decharacterizing, packaging and labeling of inedible meat and carcass parts.

008.02 All personnel assigned to these areas shall maintain a reasonable personal hygiene. A change of clean garments shall be worn every day.

008.03 Those carcasses or portions thereof which cannot be processed during the normal working day shall be conspicuously identified as inedible.

009 Decharacterization . All inedible meat and carcass parts shall be adequately decharacterized with an approved agent except where federal meat inspection regulations allow shipment of inedibles to the contrary. The decharacterizing agent must be mixed intimately with all of the material to be decharacterized and must be applied in such quantity and manner that it cannot easily and readily be removed by washing or soaking. A sufficient amount of the appropriate agent shall be used to give the material a distinctive color, odor, or taste so that such material cannot be confused with an article of human food. All inedible meat or carcass parts four inches in diameter or larger shall be freely slashed or sectioned prior to the application of the approved decharacterization agent.

010 Annotation . Neb. Rev. Stat. §§54-1901 to 55-1915.

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History

Effective 1984-07-11

Chapter 11 Livestock Dealer Regulations

Neb. Admin. Code tit. 23, ch. 11 Livestock Dealer Regulations {#sec-23-nac-11 omnilex-key=us-ne-regs-official--title-23--23 NAC 11}

001 Statement of Purpose . These regulations are adopted to aid in carrying out the legislative intent and general purposes of the Nebraska Livestock Dealer Licensing Act (Neb. Rev. Stat. §54-1701, et. seq.) the "Act."

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.

002.010 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.

002.012 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 11-002.07, above.

002.013 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.

002.014 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.

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

002.016 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.

002.017 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.

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

002.019 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.

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

002.021 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.

002.022 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.

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

002.024 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.

002.025 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.

002.026 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.

002.027 MARKET TEST CATTLE shall mean:

002.027A Females, unless spayed, and bulls over twenty-four months of age, and

002.027B Bred heifers over eighteen months of age unless they are official calfhood vaccinates and not parturient or post parturient.

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

002.028A 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:

002.028A1 Store unreconstituted vaccine at 4^oc (38^o-40^oF).

002.028A2 Non-pyrogenic sterile water may be used if regular diluent is not available.

002.028A3 Dilute the vaccine by the following manner:

002.028A3a Reconstitute a dose of standard vaccine as recommended by manufacturer.

002.028A3b Mix the standard vaccine with the diluent according to the following table:

Standard Diluted				Diluted
Vaccine Doses		Diluent		Vaccine
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

002.028A3c Mix thoroughly and administer a 2 cc dose subcutaneously.

002.028A4 Reconstituted vaccine should be used within 1 hour. Surplus prepared vaccine should be inactivated by mixing disinfectant with vaccine or by autoclaving.

002.028B 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 State Veterinarian's Office . The office of the State Veterinarian is located on the fourth floor of State Office Building, 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.

004 Licensing . Persons wishing to make application for a livestock dealer license may do so on forms furnished by the State Veterinarian's office. Application for the annual renewal of an existing license may also be made on forms furnished by said office.

005 Agents . The identification of each agent for a licensed dealer shall be set out on the dealer's license application. The failure to disclose an agent's identification on the application shall be just cause for suspension of the license. Persons identified as agents will be issued identification cards to be carried when the agent is engaged in business as a dealer's agent.

006 Bonding .

006.01 Dealers registered and bonded under the Packers and Stockyards Act shall annually file a statement with the office of the State Veterinarian verifying the maintenance of a valid and effective bond. The statement shall accompany the initial license application or annual renewal thereof, and shall be on a form furnished by the State Veterinarian's office.

006.02 Dealers not registered and bonded under the Packers and Stockyards Act shall annually furnish a fully executed duplicate of a valid and effective bond in an amount equal to that which would be required if the person were registered and bonded under said act. Said amount is determined based upon the volume of business done during the preceding fiscal year, but shall not be less than $5,000.00. Said duplicate shall accompany the initial license application or the annual renewal thereof.

007 Recordkeeping .

007.01 Each livestock dealer shall keep complete records of all business transactions concerning livestock handled by him. Such records shall contain the following information:

007.01A The names and addresses of all persons who have purchased, sold, consigned, or taken consignment of livestock;

007.01B The dates of all purchases, sales and deliveries of livestock; and

007.01C A description of the livestock.

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

008 Facilities . Livestock dealers utilizing concentration points in the course of their business shall specifically describe such facility on their license applications, and shall see that such facilities continually meet the following requirements:

008.01 Concentration points shall be maintained in a continual state of good repair;

008.02 All areas of the concentration point 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;

008.03 All concentration points 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.

008.04 All concentration points 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

008.05 All concentration points shall be equipped with suitable and sufficient paved areas for restraining and confining livestock for regulatory purposes.

009 Inspection and Handling of Livestock .

009.01 Approved Veterinarian. The release of livestock from a concentration point 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 approved 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:

009.01A Perform the collection of blood samples from all market test animals;

009.01B Perform the official market test on all blood samples prior to the release of any animal;

009.01C Complete the application and recording of all eartag numbers, backtag numbers, and test results on the official test chart;

009.01D Promptly mail all blood samples and test charts to the State-Federal Brucellosis Laboratory;

009.01E Issue the following release forms and distribute copies as required thereon:

009.01E1 VS Form 1-27;

009.01E2 Form A-237;

009.01E3 Form A-276B; and

009.01E4 Form A-276A; and

009.01F Furnish the purchaser upon request with documentation of completed official tests.

009.02 Release of Cattle.

009.02A All market test cattle offered for sale, bartered, or sold through a market or dealer concentration point shall at the time received be identified by a backtag affixed a few inches from midline and just behind either shoulder, and shall be tested as provided below, except for the following situations:

009.02A1 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;

009.02A2 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

009.02B All untested market test cattle, except as excluded above, shall move from the dealer concentration point to immediate slaughter. Backtagged market test cattle sold for shipment to immediate slaughter shall be released on a Shipper's Declaration (Form NSD-12).

009.02C Backtagged market test cattle sold for other than immediate slaughter shall be tested negative for brucellosis by the approved veterinarian prior to release.

009.02D Official Market Testing release requirements are as follows:

009.02D1a Animals tested at the concentration point at private expense prior to sale;

009.02D1b 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 9, Code of Federal Regulations, Part 78.

009.02D2a Tests conducted after sale at private expense on backtagged cattle not sold for immediate slaughter:

009.02D2b 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.

009.02E 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.

009.02F 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).

009.03 Release of Swine.

009.03A Feeding and breeding swine may move through a dealer concentration point, subject to the following requirements:

009.03A1 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 concentration point.

009.03A2 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.

009.03A3 Swine released from a concentration point 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.

009.03B Slaughter swine, except garbage-fed swine, may move through a concentration point, subject to the following requirements:

009.03B1 Native swine shall be moved directly to slaughter establishment, market, or dealer concentration point providing for state or federal inspection.

009.03B2 Swine originating in other states shall follow the import laws and regulations of this state.

009.03C Garbage-fed slaughter swine shall move to immediate slaughter.

009.04 Requirements for Release of Sheep.

009.04A Scabies. Sheep may move from a market or dealer concentration point, Provided:

009.04A1 They are consigned for immediate slaughter; or

009.04A2 They originate from a scabies free area, show no evidence of scabies, and have not been exposed thereto; or

009.04A3 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.

009.04B Ram Epididymitis. Breeding bucks shall be individually examined prior to sale, and shall be free of gross lesions of ram epididymitis.

009.04C Contagious Ecthyma (Sore Mouth). All sheep affected with, or exposed to, contagious ecthyma shall be immediately removed from the concentration point and returned under quarantine to the premises of the seller or consignor.

010 Official Testing - Cattle Brucellosis

010.01 Except as provided in 23 NAC 11-010.01A and B, below, all market test cattle are sold or bartered through a dealer concentration point shall be brucellosis tested in the manner prescribed below. The exceptions are as follows:

010.01A Cattle sold to immediate slaughter need not be tested and;

010.01B Cattle purchased by the dealer from farms, ranches and feedlots may be purchased without a negative test if they are properly identified as prescribed in these regulations, and if, within seven (7) days, they are either given an official brucellosis test, or delivered to a market, or sold to immediate slaughter.

010.02 The official brucellosis testing procedure shall be the standard plate test.

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:

Official Vaccinates	All Others
1 : 50	1 : 100	1 : 200		1 : 50	1 : 100	1 : 200
-	-	-	NEGATIVE	-	-	-	NEGATIVE
1	-	-	NEGATIVE	1	-	-	SUSPECT
+	-	-	NEGATIVE	+	-	-	SUSPECT
+	1	-	SUSPECT	+	1	-	SUSPECT
+	+	-	SUSPECT	+	+	-	REACTOR
+	+	1	SUSPECT	+	+	1	REACTOR
+	+	+	REACTOR	+	+	+	REACTOR

011 Swine Brucellosis .

011.01 Identification.

011.01A All slaughter sows and boars received at first point of sale by livestock dealers 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 dealer, to the farm of origin by tattoo or other methods acceptable to the State Veterinarian. The identification by the dealer shall be specified on the account of sale.

011.01B 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.

011.02 Identification Reports. All dealers 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.

011.03 Official Testing.

011.03A The official tests for swine brucellosis shall be as follows:

011.03A1 Card Test;

011.03A2 Rapid screening test;

011.03A3 Rivanol test; and

011.03A4 Any other testing procedure recognized for use in the diagnosis of swine brucellosis by USDA.

011.03B Testing shall be performed by the approved veterinarian, whenever required or authorized by the Nebraska Swine Brucellosis Act or the regulations adopted thereunder.

012 General . As set out in Neb. Rev. Stat. §54-1705, a dealer's license may be suspended or revoked for violation of any of the animal disease control laws or regulations of the State of Nebraska.

013 Annotation . Neb. Rev. Stat. §§54-1701 to 54-1711, and §§54-701 to 54-705.

History

Effective 1982-08-16

Chapter 12 Livestock Auction Market Regulations

Neb. Admin. Code tit. 23, ch. 12 Livestock Auction Market Regulations {#sec-23-nac-12 omnilex-key=us-ne-regs-official--title-23--23 NAC 12}

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.

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

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

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

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

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 4^oC (38^oF-40^oF).

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 Doses		Diluent		Vaccine
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.

003 Administration .

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) 471-2351.

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.

004 Application for Licenses . All applications for livestock auction market licenses, including applications for renewal or transfer of such license, shall be made on forms furnished by the Board.

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 Weighing Requirements .

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 Minimum Veterinary Inspection Fees .

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 Recordkeeping .

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 Facilities . Auction market facilities shall continually meet the following requirements:

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 Inspection and Handling of Livestock .

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).

010.02E1 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 Official Testing - Cattle Brucellosis

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:

Official Vaccinates	All Others
1 : 50	1 : 100	1 : 200		1 : 50	1 : 100	1 : 200
-	-	-	NEGATIVE	-	-	-	NEGATIVE
1	-	-	NEGATIVE	1	-	-	SUSPECT
+	-	-	NEGATIVE	+	-	-	SUSPECT
+	1	-	SUSPECT	+	1	-	SUSPECT
+	+	-	SUSPECT	+	+	-	REACTOR
+	+	1	SUSPECT	+	+	1	REACTOR
+	+	+	REACTOR	+	+	+	REACTOR

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.

013 Annotation . Neb. Rev. Stat. §§54-1157 to 54-1186 and §§54-701 to 54-705.

History

Effective 1983-01-10

Chapter 18 Commercial Dog and Cat Operator Inspection Regulations

Neb. Admin. Code tit. 23, ch. 18 Commercial Dog and Cat Operator Inspection Regulations {#sec-23-nac-18 omnilex-key=us-ne-regs-official--title-23--23 NAC 18}

001 Statement of Purpose . The purpose of these regulations is to aid in the administration of the Commercial Dog and Cat Operator Inspection Act, Neb. Rev. Stat. §§54-625 to 54-643.

002 Administration . These regulations shall be administered by the Department of Agriculture 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) 471-2351; Fax number (402) 471-6893.

003 Definitions . The definition of terms found in the Commercial Dog and Cat Operator Inspection Act §§54-625 to 54-643 and below shall apply to such terms when found in these regulations.

003.01 ACT means the Commercial Dog and Cat Operator Inspection Act, §§54-625 to 54-643.

003.02 ANIMAL means dogs, cats, and pet animals.

003.03 CAGE CARD means a card that is at least 3 inches by 5 inches in size, made of a durable material or enclosed in a transparent, protective cover, and contains information identifying each dog or cat.

003.04 COMPLETE DESCRIPTION of a dog or cat shall include the breed or type; the sex; the date of birth or approximate age; the weight or approximate size; color; and any distinctive markings.

003.05 DISPOSED OF AND DISPOSITION means the sale, lease, exchange, barter, or any other transfer of a dog or cat, including death or euthanasia.

003.06 EMPLOYEE means any paid or unpaid individual or individuals assisting an operator in the handling and care of the operator’s dogs or cats.

003.07 HANDLING means petting, feeding, watering, cleaning, manipulating, loading, crating, shifting, transferring, immobilizing, restraining, treating, training, working or moving, walking or exercising, or any similar activity with respect to any dog or cat.

003.08 HUMANE HANDLING, CARE, TREATMENT, AND TRANSPORTATION means the minimum requirements necessary for a dog’s or cat’s handling, housing, feeding, watering, sanitation, ventilation, shelter from extremes of weather and temperatures, transport in commerce, adequate veterinary care, and exercise for dogs pursuant to the Act, these regulations, and 9 C.F.R. §§3.1 to 3.19.

003.09 MEDICAL PROCEDURE means vaccinations, worming treatments, x-rays, surgery, medications administered, individual physical and dental examinations, or other similar veterinary medical treatment.

003.10 PERSON means any individual, partnership, limited liability company, association, corporation, joint-stock company, political body, society, community, the public generally or organized group of persons, whether incorporated or not.

003.11 STATEMENT OF INFERTILITY means a statement signed by a veterinarian licensed to practice in Nebraska expressing the opinion that a specific dog or cat is infertile, or is not capable of initiating, sustaining, or supporting reproduction. An example of the Statement of Infertility form is attached as Appendix G.

003.12 TUFTS ANIMAL CARE AND CONDITION SCALES FOR ASSESSING BODY CONDITION, WEATHER AND ENVIRONMENTAL SAFETY, AND PHYSICAL CARE IN DOGS: SECTION II, Weather Safety Scale (Tufts Weather Safety Scale), SECTION III, Environmental Health Scale (Tufts Environmental Health Scale), SECTION IV, Physical Care Scale (Tufts Physical Care Scale) means the guidelines used to objectively assess the health or safety risk of a dog. A copy of these guidelines, as they existed on July 1, 2014, is attached as Appendix F, and incorporated herein by reference.

004 Application For License . All persons operating a boarding kennel, pet shop, animal control facility, animal rescue, animal shelter, or acting as a dealer or commercial dog or cat breeder shall have a valid license issued by the Department in accordance with the Act and these regulations.

004.01 Any person applying for a license under the provisions of the Act and these regulations shall apply on an application form furnished by the Department. The applicant shall provide all information requested on the application form, including a valid mailing address through which the licensee or applicant can always be reached, and a valid premises address where dogs, cats, pet animals, dog and cat facilities, equipment, and records may be inspected for compliance. The applicant shall list on the application form or on a separate sheet attached to it, the premises, facilities or sites where a person operates, houses, has an interest in or keeps dogs, cats, and pet animals. The applicant shall file the completed application form with the Department. Application forms may be obtained by contacting the Department.

004.02 An applicant shall obtain a separate license for each separate physical facility requiring a license according to the Act and these regulations. For purposes of licensure, a separate physical facility is one which is not located on the same or adjacent parcels of land.

004.03 Any person exempt from the license requirements may voluntarily apply for a license, but shall agree in writing to comply with the requirements set forth in the Act and these regulations. The voluntary licensee is subject to the same inspection and enforcement actions as any other licensee.

004.04 Before the Department issues a license, the application form and required fee must be received and an inspector of the Department shall inspect the operation of the applicant to determine whether the applicant qualifies to hold a license pursuant to the Act, these regulations and the standards set out in 9 C.F.R. §§3.1 to 3.19.

004.05 A license shall be issued to specific persons for specific premises, facilities and operations, and does not transfer upon change of ownership or any other change of business or operation nor is it valid at a different location.

004.06 There shall be no refund of fees if an applicant does not pass the qualifying inspection, or if a license is terminated for any reason before its expiration.

004.07 Licensees shall accept delivery of registered mail or certified mail sent by the Department.

004.08 No activity for which a license is required by the Act and these regulations shall be conducted by any person until the requirements for issuing the license have been met and a valid license has been duly issued.

004.09 A license which has been revoked, lapsed, or voluntarily surrendered under the Act and these regulations shall be returned to the Department. The licensee shall provide a written statement to the Director, if the license has been lost or misplaced.

004.10 Each applicant shall make, keep, and maintain:

004.10A Records as required under 23 NAC 18-010; and

004.10B Any other information requested by the Department on the application or renewal form.

004.11 A licensee shall notify the Department in writing of any change in the name, address, management, control or ownership of the business or operation, any change in the type of license activities occurring at the licensed location, or of additional sites, within ten (10) days of the change.

005 License Enforcement Actions .

005.01 The Director may deny issuing or may revoke or suspend a license, or place on probation a licensee on any one (1) or more of the following grounds:

005.01A Deliberate misrepresentation or concealment, including failure to disclose all locations housing dogs or cats made to employees or agents of the Department or reported on the application;

005.01B Conviction of any violation of any law, in any jurisdiction, on the disposition or treatment of dogs or cats;

005.01C The failure of any person to comply with any provision of the Act and these regulations;

005.01D The refusal to allow the Department access to any records for the purpose of examining and copying such records required to be kept under the Act and these regulations;

005.01E The refusal of a licensee to allow Department employees or agents to enter and inspect all premises in or upon which dogs or cats are housed, sold, exchanged, or leased or are suspected of being housed, sold, exchanged, or leased;

005.01F The refusal of any applicant to allow Department employees or agents access to the premises to be licensed to determine if such applicant meets licensure requirements pursuant to the Act and these regulations;

005.01G Failure to pay any required fees under the Act and these regulations. Any returned check will be deemed nonpayment of fees;

005.01H Failure to pay any administrative fine levied pursuant to §54-633;

005.01I Failure to comply with a stop-movement order pursuant to §54-628.01; or

005.01J Having had a license revoked, suspended, or otherwise having been subject to a disciplinary proceeding under any jurisdiction resulting in the applicant having voluntarily surrendered a license or permit to avoid disciplinary sanctions.

005.02 Licensees whose licenses have been suspended or revoked.

005.02A Any person whose license has been suspended or revoked for any reason shall not be licensed under such licensee’s name within the period during which the suspension or revocation is in effect. No partnership, firm, corporation or other legal entity in which any such person has an interest, financial or otherwise, will be licensed during that period.

005.02B Any person who has been an officer, agent, or employee of a licensee whose license has been suspended or revoked and who was responsible for or participated in the violation upon which the license was suspended or revoked will not be licensed within the same period during which the suspension or revocation is in effect.

005.03 Any person whose license has been suspended may apply in writing to the Director for reinstatement of the licensee’s license. Any person whose license has been revoked may apply in writing to the Director for issuance of a new license.

006 Inspections and Complaints .

006.01 In addition to the definitions set forth in 23 NAC 18-003, the following shall apply to 23 NAC 18-006:

006.01A Abandoned shall mean the term as defined in Neb. Rev. Stat. §28-1008(1).

006.01B Cruelly mistreat shall mean the term as defined in Neb. Rev. Stat. §28-1008(3).

006.01C Cruelly neglect shall mean the term as defined in Neb. Rev. Stat. §28-1008(4).

006.01D Direct violations shall mean violations of the Act, these regulations or 9 C.F.R. §§3.1 to 3.19 that have a high potential to adversely affect the health, well-being or safety of the dogs or cats but do not meet the definitions of abandoned, cruelly mistreated, cruelly neglected or significant threat to the health or safety of the dogs or cats.

006.01E Flagged violations shall mean violations of the Act, these regulations or 9 C.F.R. §§3.1 to 3.19 that the Department reasonably suspects may involve dogs or cats being abandoned, cruelly mistreated, cruelly neglected or subject to conditions which may pose a significant threat to the health or safety of the dogs or cats.

006.01F Indirect violations shall mean violations of the Act, these regulations or 9 C.F.R. §§3.1 to 3.19 that do not have a high potential to adversely affect the health, well-being or safety of the dogs or cats.

006.01G Representative of the operator means a person over the age of nineteen an operator has expressly authorized, verbally or in writing, to the Department, to allow entry on the premises of the licensee operator for the purpose of inspection under the Act. If the operator decides to revoke an authorization, the operator must inform the Department, in writing.

006.02 Any inspection conducted under the Act will be performed in accordance with the Act and these regulations.

006.02A Inspections shall be documented and the written report shall specify a compliance date for any violation of the Act, these regulations or 9 C.F.R. §§3.1 to 3.19. Compliance dates shall be set for violations based on the potential effect of the violation on the dogs or cats as follows:

006.02A(1) Flagged violations shall be set with a compliance date ranging between immediately and up to 24 hours, taking into account the seriousness of the violation and the actual harm to the dogs or cats.

006.02A(2) Direct violations shall be set with a compliance date ranging between immediately and up to 45 days, taking into account the seriousness of the violation and the potential harm to the dogs or cats. Compliance dates shall allow the violator to come into compliance while safeguarding the health or safety of the dogs or cats.

006.02A(3) Indirect violations may be given a longer time frame for correction.

006.02B If during any inspection the Department reasonably suspects a person has committed a flagged violation, the following provisions are applicable:

006.02B(1) If the Department reasonably suspects any dog or cat is abandoned or being cruelly mistreated or cruelly neglected, the Department shall, the same day, notify the law enforcement agency of the county in which the alleged violation is occurring.

006.02B(2) If the Director has reason to believe that any alleged violation of the Act or these regulations or an order of the Director or any other existing condition posing a significant threat to the health or safety of the dogs or cats harbored or owned by an applicant or a licensee constitutes cruel neglect, abandonment, or cruel mistreatment, a special investigator appointed as a deputy state sheriff authorized pursuant to Neb. Rev. Stat. §81-201 of the Department may inspect, care for or impound the dogs or cats or the Director may request any other law enforcement officer as defined in Neb. Rev. Stat. §28-1008 to inspect, care for or impound the dogs or cats.

006.02B(3) The Department may enter into agreements with any appropriate public or private entity to provide for the care, shelter and disposition of the impounded dogs or cats.

006.02C The Department, at it’s discretion, will attempt to make unannounced inspections during normal business hours.

006.03 All premises of operators shall be inspected as often as set out in §54-628, or as often as determined necessary by the Department to carry out its duties under the Act and these regulations.

006.04 If an operator, or a representative of the operator, applicant or any other person the Department has reason to believe is an operator does not make the premises available to the Department for inspection, the following procedures shall be implemented:

006.04A If an operator, or a representative of the operator, applicant or other person the Department has reason to believe is an operator is not present or does not respond to notification of the Department’s presence at the premises, the Department will attempt to contact by telephone the operator. If telephone contact is made, the operator will be notified of the intended inspection and that a representative over the age of nineteen must be onsite within a reasonable amount of time, not to exceed two hours, to allow the inspection.

006.04A(1) If the Department cannot make contact with the operator by telephone, or the inspection is not allowed within the set timeframe, a notice of the attempted inspection such as the example Attempted Inspection Notice form, attached as Appendix H, will be posted in a prominent location on the premises, such as the front door of the facility or residence; and

006.04A(2) The failure to allow the Department to have full and complete access for inspections as set forth in subsections (1), (3), (4), (5), (6), (7), (8) and (9) of §54-628 of the Act may be considered by the Department as a refusal by the operator to allow an inspection pursuant to the Act and the Department may seek to obtain an inspection warrant for purposes of inspecting the premises for compliance with the Act, these regulations, or 9 C.F.R. §§3.1 to 3.19.

006.04B If the operator expressly refuses to make premises upon which dogs or cats are present available for inspection, the Department may immediately seek to obtain an inspection warrant or a search warrant for purposes of inspecting the premises for compliance with the Act, these regulations, or 9 C.F.R. §§3.1 to 3.19.

006.04C Any operator not allowing the Department to make an attempted inspection shall be subject to the reinspection fees set forth in §54-628(3) and subject to the provisions of §54-628 (9) of the Act and the Department may pursue one or any combination of enforcement actions provided.

006.05 All complaints alleging a violation of the Act, these regulations, or 9 C.F.R. §§3.1 to 3.19, shall be reviewed and evaluated, after which the Department may assign priorities to the complaints and initiate an inspection. The priorities and inspections shall be conducted in the following descending order when determined by the Department to be reasonable and logical:

006.05A Any written or signed complaint, including those submitted by facsimile or electronic transmission, indicating that a person is in violation or is suspected to be in violation of the Act, these regulations, or 9 C.F.R. §§3.1 to 3.19;

006.05B Any complaint from an identified source indicating that a person is in violation or is suspected to be in violation of the Act, these regulations, or 9 C.F.R. §§3.1 to 3.19; or

006.05C Any complaint from an anonymous source indicating a person is in violation, or is suspected to be in violation of the Act, these regulations, or 9 C.F.R. §§3.1 to 3.19.

006.06 Any complaint indicating a dog or cat is abandoned or being cruelly neglected or cruelly mistreated, shall, the day it is received, be referred to the law enforcement agency of the county in which the alleged violation is occurring. The Department may investigate such complaints for the purpose of determining if there are any violations of the Act, these regulations, or 9 C.F.R. §§3.1 to 3.19.

007 Humane Handling, Care, Treatment, and Transportation of Dogs and Cats .

Operators shall comply with the requirements of the Act and these regulations regarding the humane handling, care, treatment, and transportation of dogs and cats. For the purposes of enforcement of the Act and these regulations, the Department adopts the specifications for the humane handling, care, treatment, and transportation of dogs and cats, the standards of the Animal and Plant Health Inspection Service of the United States Department of Agriculture (USDA), as published in 9 C.F.R. §§3.1 to 3.19 (2015) (a copy of which is attached to these regulations as Appendix A and incorporated herein by reference) so long as these standards do not conflict with the Act or these regulations. If there is an inconsistency between the Act and 9 C.F.R. §§3.1 to 3.19, the Act shall control. If there is an inconsistency between 9 C.F.R. §§3.1 to 3.19, and these regulations, the regulations shall control. Humane handling, care, treatment, and transportation shall include but not be limited to, the following:

007.01 Adequate Food and Water.

007.01A All dogs and cats shall be provided with food at least one time per day, except as otherwise directed by the attending veterinarian. Such food shall be fresh, wholesome, palatable, and of sufficient quantity and nutritive value to maintain the normal condition and weight of dogs and cats.

007.01B Water shall be continually available to each dog and cat or it must be offered to the dogs and cats as often as necessary to ensure their health or safety, but never less than twice per day for at least one hour each time, unless restricted by the attending veterinarian.

007.01B(1) Factors in determining if a dog or cat is receiving an adequate amount of water from appropriate receptacles and watering systems as set forth in 23 NAC 18-007.10 include, but are not limited to:

007.01B(1)(a) Ambient temperature;

007.01B(1)(b) A dog’s or cat’s body condition, such as sunken eyes and skin tenting; or

007.01B(1)(c) A dog’s or cat’s behavior, such as excessive nosing at an empty water bowl.

007.01B(2) Excessive thirst may indicate a disease condition to be addressed by the attending veterinarian.

007.02 Compatible Grouping. All dogs and cats housed in the same primary enclosure must be compatible, with the following restrictions:

007.02A Females in heat (estrus) may not be in the same primary enclosure with males, except for breeding purposes;

007.02B Any dog or cat exhibiting a vicious or overly aggressive disposition must be housed separately;

007.02C Puppies or kittens four months of age or less may not be in the same primary enclosure with adult dogs or cats other than their dams or foster dams;

007.02D Dogs or cats may not be in the same primary enclosure with any other species of animals, unless they are compatible; and

007.02E Dogs or cats that have, or are suspected of having, a contagious disease must be isolated from healthy animals.

007.03 Veterinary Care Requirements for Commercial Dog or Cat Breeders, Pet Shops or Dealers. Attending veterinarian and adequate veterinary care are required for animals under the care, supervision, or control of a commercial dog or cat breeder, pet shop, or dealer.

007.03A Each commercial dog or cat breeder, pet shop, and dealer licensed under the Act and these regulations shall have a written veterinary care plan with an attending veterinarian who is licensed to practice in Nebraska. The formal arrangements shall include a written program of veterinary care and regularly scheduled visits to the premises upon which the dogs or cats are harbored. The form entitled, Veterinary Care Plan, incorporated herein by reference, is attached as Appendix I and may be used to satisfy the requirements for a written veterinary care plan.

007.03B Each commercial dog or cat breeder, pet shop, and dealer licensed under the Act and these regulations shall establish, maintain, and follow programs of adequate veterinary care that include:

007.03B(1) The availability of appropriate facilities, employees, equipment, and services to comply with the provisions in the Act and these regulations;

007.03B(2) The use of appropriate methods to prevent, control, diagnose and treat diseases and injuries, and the availability of emergency, weekend, and holiday care;

007.03B(3) The maintenance of individual health records shall be kept pursuant to 23 NAC 18-010.06, for:

007.03B(3)(a) All dogs and cats which are sixteen (16) weeks of age or older;

007.03B(3)(b) All dogs or cats younger than sixteen (16) weeks of age when permanently transferred from the litter; or

007.03B(3)(c) Any dog or cat younger than sixteen (16) weeks of age if it received any individual medical procedure, separate from the litter.

007.03B(4) Daily observation of all dogs and cats to assess their health or safety. Provided, however, that daily observation of dogs and cats may be accomplished by someone other than the attending veterinarian; and provided further, that a mechanism of direct and frequent communication is required so that timely and accurate information on problems of dog or cat health, behavior, and well-being is conveyed to the attending veterinarian; and

007.03B(5) Adequate grooming to avoid matted hair which significantly impairs a dog’s health or safety or provides a nesting area for disease carrying pests or parasites and to ensure that nails are not impairing the comfort of the dog.

007.04 Additional Veterinary Care Requirements for Commercial Dog Breeders.

007.04A Commercial dog breeders shall have the attending veterinarian annually review and update the veterinary care plan required in 23 NAC 18-007.03A at the time of the onsite visit.

007.04B Commercial dog breeders shall comply with §54-641.02(3)(a) which requires that breeding dogs receive regular grooming. The Tufts Physical Care Scale may be used as a guideline to assist the Department in making a determination as to a dog’s adequate regular grooming. Evidence that a dog is receiving adequate regular grooming is shown by:

007.04B(1) The matting of a dog’s coat does not exceed ten percent.

007.04B(2) A dog’s nails are trimmed short enough to ensure the comfort of the dog.

007.04C All commercial dog breeders shall provide each breeding dog a wellness examination at least once every three years which shall include a basic physical and dental examination pursuant to §54-641.02(1)(c).

007.05 Veterinary Care Requirements for Boarding Kennels, Animal Control Facilities, Animal Rescues and Animal Shelters. Each boarding kennel, animal control facility, animal rescue, and animal shelter shall establish, maintain, and follow a written emergency veterinary care plan. The form entitled, Emergency Veterinary Care Plan, incorporated herein by reference, is attached as Appendix J, and may be used to satisfy the requirements for a written emergency veterinary care plan. The written emergency veterinary care plan shall include:

007.05A The veterinarian of choice by the owner of the dog or cat that is being boarded, in the event veterinary care is needed; or

007.05B A formal arrangement with a veterinarian licensed to practice in Nebraska to provide veterinary services as needed.

007.05C The provision of veterinary care for dogs or cats which are sick, diseased, injured or lame.

007.06 Exercise for Dogs. All operators shall establish and follow an appropriate exercise plan for each dog housed on the premises. All dogs greater than twelve weeks of age, or age specified by the attending veterinarian, shall be provided opportunity for exercise.

007.06A The exercise plan shall be in writing and available to the Department at the time of inspection. Such plan shall:

007.06A(1) Be approved and signed by the attending veterinarian, or incorporated into the veterinary care plan or emergency veterinary care plan; and

007.06A(2) State that the dog has the required exercise space listed in 23 NAC 18-007.06C(1) and 007.06C(2); or

007.06A(3) Identify the frequency, method, and duration of additional exercise if the exercise requirements are not otherwise met.

007.06B Exemptions to the exercise requirement of any dog shall be determined only by the attending veterinarian and shall be recorded in the veterinary care plan or emergency veterinary care plan.

007.06C Animal control facilities, animal shelters, animal rescues, boarding kennels, dealers, and pet shops shall provide exercise to dogs by using the following methods, including, but not limited to:

007.06C(1) An individually housed dog with at least 200% of its minimum required floor space;

007.06C(2) Group housed dogs with at least 100% of the minimum required floor space for each animal;

007.06C(3) Access to a run or open area at the frequency and duration prescribed by the attending veterinarian; or

007.06C(4) Positive interaction with humans, such as walking, playing ball, or grooming.

007.06D Commercial Dog Breeders. Commercial dog breeders shall comply with the requirements set forth in §54-641.01, regarding exercise for dogs owned or harbored by such commercial dog breeders.

007.07 Employee Requirements. All operators shall be responsible for ensuring that:

007.07A Adequate training and guidance are provided to employees involved in the handling, care, and treatment of the dogs and cats on the licensed premises;

007.07B A sufficient number of trained employees are available to perform general husbandry tasks; and

007.07C Employees involved in the handling, care, and treatment of a operator’s dogs and cats can, and do, perform at the level required by the Act and these regulations.

007.07D Factors to be considered in determining the adequacy and appropriate number of employees:

007.07D(1) Number of dogs and cats maintained on the premises;

007.07D(2) Maintenance requirements of the individual dogs or cats based on, but not limited to, size, breed, and age;

007.07D(3) Design and construction of the facility; and

007.07D(4) General condition of facility. A facility that is routinely noncompliant in general husbandry areas may indicate too few employees on site, or employees who are not trained in the appropriate humane handling, care, and treatment of dogs and cats.

007.07E Factors indicating inadequately trained, or insufficient number of, employees:

007.07E(1) High incidence of injury to the dogs and cats in the operator’s care which are subject to the Act;

007.07E(2) Inadequate cleanliness of facility due to accumulations of litter, food waste, feces, trash, junk, or weeds; or

007.07E(3) Multiple substantiated complaints against the licensed facility by the general public.

007.08 Pest Control. All operators shall establish, maintain, and follow an effective pest control program for the control of insects or external parasites affecting dogs and cats. Signs of an ineffective pest control program may include, but shall not be limited to:

007.08A Sighting of the pest or pests;

007.08B Dog or cat scratching excessively;

007.08C Open sores or sores due to flies and other insects; or

007.08D Areas of hair loss on the dog or cat.

007.09 Primary Enclosures.

007.09A All operators shall maintain primary enclosures for dogs and cats which provide adequate space and flooring in accordance with §54-641. Primary enclosures shall also be maintained in a clean and sanitary manner as follows:

007.09A(1) Be cleaned as often as necessary, but at least one time per day, to:

007.09A(1)(a) Prevent contamination of the animal;

007.09A(1)(b) Minimize disease hazards; and

007.09A(1)(c) Reduce odors.

007.09A(2) Be cleaned daily to remove any excreta and food waste so that no more than twenty-four (24) hours of feces and urine accumulates by:

007.09A(2)(a) Cleaning the entire primary enclosure;

007.09A(2)(b) Cleaning soiled areas only (spot-clean); or

007.09A(2)(c) Any other Department approved method.

007.09A(3) Be cleaned in a manner that does not:

007.09A(3)(a) Harm the dog or cat by the use of direct exposure to steam or harsh or toxic chemicals;

007.09A(3)(b) Contaminate the dog, cat, or its bedding;

007.09A(3)(c) Wet the dog, cat or its bedding; or

007.09A(3)(d) Distress the dog or cat, evidenced by, but not limited to, shivering, shaking, cowering, excessive howling, or whining.

007.09A(4) Have all excreta and food waste removed daily from under the primary enclosure to prevent or reduce:

007.09A(4)(a) Soiling of the dog or cat;

007.09A(4)(b) Disease hazard;

007.09A(4)(c) Pests, insects, and vermin; and

007.09A(4)(d) Odors.

007.09A(5) Be sanitized as set forth in 23 NAC 18-007.10D as often as necessary, but at least one time every two weeks, to minimize disease hazards.

007.09B Tethering. Permanent tethering is prohibited for use as a primary enclosure by any operator. The Department may approve temporary tethering of a dog for up to three (3) days, if the operator: (1) makes the request in writing to the Department; (2) includes the reason or justification for tethering the dog; and (3) includes the length of time the dog will be tethered. Factors to consider when approving or disapproving temporary tethering of a dog may include, but are not limited to:

007.09B(1) Routine cleaning or maintenance;

007.09B(2) The availability of shelter;

007.09B(3) Length of the tether;

007.09B(4) Type and strength of the tether;

007.09B(5) Method of attachment of tether to the dog;

007.09B(6) Possible entanglements with other animals or objects;

007.09B(7) Access to food and water;

007.09B(8) Access to shade at all times during the day;

007.09B(9) Breed and behavior characteristics of the dog or dogs; and

007.09B(10) Protection from predators.

007.09C Commercial dog or cat breeders shall provide sufficient shade to shelter all the dogs or cats housed in the primary enclosure at one time.

007.10 General Requirements for All Housing Facilities. All housing facilities shall:

007.10A Allow the dogs or cats easy and convenient access to clean food and water which shall be non-toxic and free from algae growth.

007.10A(1) Food and water receptacles and watering systems shall be constructed of hard surfaces which are sanitized as set forth in 23 NAC 18-007.10D(1).

007.10B Be designed, constructed, and maintained in such a manner as to:

007.10B(1) Be structurally sound;

007.10B(2) Be kept in good repair, having no sharp or jagged edges which could injure a dog or cat;

007.10B(3) Be free of excessive rust which prevents the required cleaning and sanitation;

007.10B(4) Securely contain the dogs or cats; and

007.10B(5) Protect the dogs or cats from predators.

007.10C Be kept clean and be easy to clean. All housing facilities shall have waste properly disposed. All operators shall maintain waste disposal procedures for the removal and disposal of animal and food wastes, bedding, dead animals, trash and debris on all premises where housing facilities are located, including buildings, pens, and surrounding grounds. Weeds, grasses and bushes shall be controlled so as to facilitate cleaning and pest control. The Tufts Environmental Health Scale may be used as a guideline to assist the Department in making a determination as to whether a dog or cat’s environment is acceptable.

007.10C(1) Waste disposal procedures shall minimize:

007.10C(1)(a) Pest infestation;

007.10C(1)(b) Vermin infestation;

007.10C(1)(c) Harmful odors; and

007.10C(1)(d) Disease hazards.

007.10C(2) Trash containers in housing facilities, food storage areas, and food preparation areas shall be leak proof and have tightly fitted lids on them at all times.

007.10C(3) The surfaces of housing facilities, including objects within the facility, must be constructed in a manner and made of materials that allow them to be readily cleaned and sanitized, or removed or replaced when worn or soiled.

007.10D Be properly sanitized.

007.10D(1) Hard surfaces which include, but are not limited to, sealed concrete, sealed wood, ceramic tile, stainless steel or other metals, glass board, or strong plastic laminate sheeting, shall be impervious to moisture and sanitized as follows:

007.10D(1)(a) Washing with hot water of at least 180°F and soap or detergent;

007.10D(1)(b) Washing with a detergent solution, followed by a safe and effective disinfectant; or

007.10D(1)(c) Live steam or pressurized live steam.

007.10D(2) For outside non-hard or porous surfaces which include, but are not limited to dirt, sand, gravel and grass, acceptable methods of sanitation include, but are not limited to:

007.10D(2)(a) Removal of feces; and

007.10D(2)(b) Exposure to direct sunlight or use of a safe and effective disinfectant.

007.10E Have proper pest control. All operators shall establish, maintain, and follow an effective pest control program for the control of insects and birds and mammals that are pests, such as starlings and small rodents. Signs of an ineffective pest control program may include, but shall not be limited to:

007.10E(1) Sighting of the pest or pests;

007.10E(2) Droppings;

007.10E(3) Rodent holes;

007.10E(4) Chewed insulation on floors, walls, ceilings and other surfaces; or

007.10E(5) Nests.

007.10F Have proper drainage. All licensed facilities shall have a method to:

007.10F(1) Prevent excess or standing water and other fluids;

007.10F(2) Keep the dog, cat, and its bedding dry; and

007.10F(3) Minimize pest infestation, harmful odors, vermin infestation and disease hazards.

007.10G Provide adequate shelter and protection.

007.10G(1) Each dog and cat shall be provided with adequate shelter from the elements at all times. The Tufts Weather Safety Scale may be used as a guideline to assist the Department in making a determination as to a dog’s health or safety risk in adverse weather conditions. Weather conditions may be established by either a reliable weather website or a hand held weather meter which measures weather data. Adequate shelter shall:

007.10G(1)(a) Protect the dogs’ and cats’ health and safety;

007.10G(1)(b) Allow all the dogs and cats in the enclosure to have access to the shelter at the same time;

007.10G(1)(c) Protect the dogs and cats from adverse weather conditions;

007.10G(1)(d) Be large enough to allow each dog or cat to sit, stand, lie down, and turn around freely; and

007.10G(1)(e) Not include barrels, cars, refrigerators, freezers, washing machines, dryers, and the like.

007.10G(2) Dogs and cats shall be protected from extreme temperatures and weather conditions. The following indicate such shelter and protection is not being provided:

007.10G(2)(a) Dogs or cats have symptoms of hypothermia;

007.10G(2)(b) Dogs or cats have symptoms of hyperthermia;

007.10G(2)(c) Dogs or cats are of a breed not acclimated to the temperature of the primary enclosure;

007.10G(2)(d) Sick, infirmed, aged or young dogs or cats are in conditions which increase their vulnerability;

007.10G(2)(e) Dogs or cats are housed in a way that does not completely protect them from heavy rains; or

007.10G(2)(f) Dogs or cats are housed in such manner that snow blocks access or prevents walking or movement.

007.10H Properly store food, bedding, toxic substances and other items as follows:

007.10H(1) Food storage methods shall protect food from:

007.10H(1)(a) Spoilage;

007.10H(1)(b) Contamination;

007.10H(1)(c) Deterioration of nutritive value; and

007.10H(1)(d) Vermin infestation.

007.10H(2) Food storage areas shall be free of any accumulation of trash, waste material, junk, weeds, and other discarded materials.

007.10H(3) Toxic substances shall not be stored in food storage areas, food preparation areas, or animal living areas unless such substances are stored in a secured cabinet; and

007.10H(4) Bedding shall be stored and maintained in a clean, dry environment to protect from contamination, water damage, and vermin infestation.

007.10I Maintain proper ventilation.

007.10I(1) Ventilation in enclosed areas shall be maintained to provide for the health and safety of the dogs or cats being housed.

007.10I(1)(a) Proper ventilation shall minimize the following:

007.10I(1)(a)(i) Harmful odors;

007.10I(1)(a)(ii) Drafts;

007.10I(1)(a)(iii) Noxious fumes or toxic gases, including ammonia; and

007.10I(1)(a)(iv) Moisture condensation, indicative of excessive humidity, which could cause wet bedding or wetting of the dog or cat.

007.10I(1)(b) If upon inspection, an ammonia odor is detected, an ammonia meter may be used to verify the presence of ammonia and may indicate the enclosed area is not ventilated to minimize the ammonia present.

007.10I(1)(c) The presence of dogs or cats exhibiting signs of illness or stress associated with poor or improper ventilation may indicate the enclosed area is not ventilated to minimize the conditions listed in 23 NAC 18-007.10I(1)(a).

007.10I(2) Methods of ventilation may include, but are not limited to:

007.10I(2)(a) Windows;

007.10I(2)(b) Vents sufficient to allow an adequate exchange of air flow throughout the facility;

007.10I(2)(c) Fans, exhaust fans, or blowers;

007.10I(2)(d) Air conditioning; and

007.10I(2)(e) Doors.

007.11 Indoor and Sheltered Housing Lighting. Indoor and sheltered housing facilities shall have:

007.11A Sufficient light to permit routine inspection and cleaning of the housing facility;

007.11B Sufficient light, uniformly diffused, to allow the operator, or his or her employees, to observe the dogs and cats housed therein; and

007.11C A regular diurnal lighting cycle of either natural or artificial light shall be provided to all dogs or cats housed in an indoor housing or sheltered housing facility.

007.12 Outdoor Housing. All operators who maintain outdoor housing facilities which contain one or more sheltered structures, shall ensure such structures be constructed so that each shelter:

007.12A Be accessible to each dog or cat;

007.12B Have a roof, floor, and sides;

007.12C Provide adequate protection or shelter from extreme cold or heat;

007.12D Provide protection from direct rays of the sun;

007.12E Provide protection from the direct effects of wind, rain, or snow;

007.12F Have a wind break and rain break at the entrance; and

007.12G Provide a way for the dogs or cats to keep warm, including the availability of clean, dry bedding.

007.13 Transportation. Operators shall only transport dogs or cats in a manner which complies with the following:

007.13A Dogs or cats being transported shall be provided adequate shelter as set forth in 23 NAC 18-007.10G; and

007.13B Proper ventilation shall be maintained as set forth in 23 NAC 18-007.10I.

008 Identification . All licensees, except boarding kennels, shall individually identify each dog and cat housed, purchased, sold, leased, exchanged, or otherwise transferred, acquired or disposed.

008.01 For purposes of the Act and these regulations, all licensees with a United States Department of Agriculture license may identify their animals as prescribed in 9 C.F.R. §§2.50 to 2.55, (2015), a copy of which is attached to these regulations as Appendix B and incorporated herein by reference. If there is any inconsistency between these regulations and the federal regulations under 9 C.F.R. §§2.50 to 2.55 (2015), these regulations shall control.

008.02 Individual identification shall be done by one (1) or more of the following methods:

008.02A An individual identification tag;

008.02B A cage card;

008.02C A distinctive and legible tattoo marking approved by the Department; or

008.02D A microchip implant. Pursuant to §54-641.03, all commercial dog breeders initially licensed on or after October 1, 2012, shall microchip each breeding dog.

008.02E Live puppies or kittens, which are maintained as a litter in the same primary enclosure with their dam, are not required to be individually identified provided the dam has been individually identified in accordance with 23 NAC 18-008;

008.02F Boarding kennels, in lieu of individual identification, shall maintain records as required by 23 NAC 18-010.03.

008.03 All puppies and kittens shall be individually identified by the licensee in possession of the puppies and kittens after separation from their litter.

008.04 If, at the time of acquisition, a dog or cat is already individually identified by a tag, tattoo, or microchip which has been applied by another entity, the acquiring licensee shall continue identifying the dog or cat by such identification, except for breeding dogs belonging to a licensee who was initially licensed on or after October 1, 2012. If the dog or cat is identified with more than one method of identification, all identifying names or numbers shall be maintained in the licensee’s records.

008.05 Tags, when used as a method of individual identification, shall meet the following requirements:

008.05A Tags may be made of a durable alloy such as brass, bronze, steel or a durable plastic. Aluminum of a sufficient thickness to assure the tag is durable and legible may also be used; and

008.05B Tags shall be embossed or stamped on one (1) side that is easily readable and shall include the individual number or name identifying the dog or cat.

008.06 Licensees shall obtain, at their own expense, tags, tattoos, microchips, cage cards, or any other individual identification method approved by the Department.

008.07 The individual identification number or name from a tag, microchip, tattoo, cage card, or other individual identification shall be recorded and maintained in records for a period of at least three (3) years following a dog’s or cat’s disposition. For licensees using a microchip, the licensee shall:

008.07A Record the manufacturer of the microchip;

008.07B Record the approximate location of the microchip in the dog or cat; and

008.07C Use an alternative method of individual identification at any time if the microchip system is determined to be ineffective, or if no scanner is available at the time of inspection.

009 Prohibitions for Stolen Dogs or Cats . No person shall buy, sell, exhibit, transport or offer for transportation, any stolen dog or cat.

010 Record Keeping . All records, except records for boarding kennels, shall be kept and maintained for a period of three (3) years, unless the Director requests, in writing, that they be maintained for a longer period, for the purpose of investigation. The three-year time period shall begin from the date a dog or cat was acquired and from the date a dog or cat was disposed. Such records shall include the Certificate of Veterinary Inspection if required by §54-788 for the dogs or cats, and shall be physically maintained on the premises, or be readily available for review at the time of inspection. Records shall contain information sufficient to completely and accurately identify each dog and cat being housed or contained by the operator.

010.01 Acquisition Records for Commercial Dog or Cat Breeders, Pet Shops, Dealers, and Voluntary Licensees.

010.01A Each commercial dog or cat breeder, pet shop, dealer, and voluntary licensee shall make, keep and maintain records or forms based on information obtained from a seller or other source of dogs or cats which fully and correctly document information concerning each dog or cat purchased or otherwise acquired, owned, or held in the licensee’s possession or control, including any offspring born of any dog or cat while in the licensee’s possession or control. A commercial dog or cat breeder, pet shop, dealer or voluntary licensee may use the form referred to as Record of Acquisition and Dogs and Cats on Hand, Animal and Plant Health Inspection Service Form 7005 or similar Department approved form to record acquisition of dogs or cats. A copy of Form 7005 is attached to these regulations as Appendix C, and incorporated herein by reference. Records shall be completed within 48 hours of acquiring a dog or cat. Such completed records and forms required to be kept pursuant to this section, shall include:

010.01A(1) The date a dog or cat was purchased, held, owned, received, controlled, or otherwise acquired, including births;

010.01A(2) The name and complete mailing address of the person from whom the dog or cat was purchased, received, or otherwise acquired. Such information is required, regardless of whether or not the person selling, transporting, or otherwise transferring ownership of the dog or cat is required to be licensed under the Act and these regulations;

010.01A(3) The United States Department of Agriculture license number, the license number issued under the Act and these regulations, or the license number from any other state, whichever is applicable. If the license number is not available, one of the following shall be acceptable:

010.01A(3)(a) The vehicle license number and state; or

010.01A(3)(b) The driver’s license number and state.

010.01A(4) The method of transportation, including the name of the initial carrier or intermediate handler or, if a privately owned vehicle is used to transport a dog or cat, the name of the owner of the privately owned vehicle;

010.01A(5) The individual identification number or name from the tag, tattoo, microchip, or cage card.

010.01A(6) The form referred to as the USDA’s United States Interstate and International Certificate of Health Examination for Small Animals, APHIS Form 7001 (also known as health certificate), or similar state form, a copy of which is attached as Appendix D and incorporated herein by reference, to make, keep and maintain the information required by 23 NAC 18-010 of these regulations, shall accompany all dogs and cats imported into Nebraska. A health certificate shall be signed by a veterinarian who is licensed and accredited in the state of origin of such dogs or cats imported into Nebraska.

010.02 Disposition Records for Commercial Dog or Cat Breeders, Dealers, Pet Shops and Voluntary Licensees.

010.02A Each commercial dog or cat breeder, dealer, pet shop and voluntary licensee shall make, keep, and maintain records and forms for each dog or cat transported, sold, exchanged, leased, deceased, delivered, euthanized or otherwise disposed. Records shall be completed within 48 hours of the disposition of a dog or cat. Such records and forms shall include:

010.02A(1) The form referred to as the Record of Disposition of Dogs and Cats, Animal and Plant Health Inspection Form 7006, a copy of which is attached to these regulations as Appendix E, and incorporated herein by reference. Commercial dog or cat breeders, dealers, pet shops and voluntary licensees may use Form 7006 or a similar Department approved form to record disposition of dogs and cats. Such completed form shall include:

010.02A(1)(a) The date of disposition of each dog and cat;

010.02A(1)(b) The name and complete mailing address of the person to whom a dog or cat was transferred, except when disposition is by death or euthanasia;

010.02A(1)(c) The United States Department of Agriculture license number, the license number issued under the Act and these regulations, or the license number issued by another state, whichever is applicable. If this subpart does not apply, one of the following shall be required:

010.02A(1)(c)(i) The vehicle license number and state; or

010.02A(1)(c)(ii) The driver’s license number and state.

010.02A(2) The individual identification number or name from the tag, tattoo, microchip, or cage card;

010.02A(3) A complete description of the dog or cat; and

010.02A(4) If the dog or cat dies or is euthanized, a record of how the animal was disposed, including a description of the circumstances surrounding the death. If euthanized, the name of the person performing the euthanasia and the method of euthanasia shall be recorded in the dog’s or cat’s health records; or may be recorded generally, in the veterinary care plan.

010.03 Records for Boarding Kennels.

010.03A Every operator of a boarding kennel shall upon the arrival of a dog or cat make, keep, and maintain records or forms which fully and correctly documents the following information concerning each dog or cat boarded, or otherwise kept or maintained:

010.03A(1) Name, address and phone number of dog or cat owner;

010.03A(2) Emergency contact number;

010.03A(3) Dog’s or cat’s name, age, sex and breed;

010.03A(4) Rabies vaccination information;

010.03A(5) Pre-existing physical problems;

010.03A(6) Medication information and instructions;

010.03A(7) Veterinarian of choice;

010.03A(8) Special feeding instructions, if needed;

010.03A(9) Special boarding instructions, if needed;

010.03A(10) Any additional services to be performed;

010.03A(11) Date received; and

010.03A(12) Date released.

010.03B Every operator of a boarding kennel shall record daily health observations, including any medications, treatments given, and exercise periods shall be maintained.

010.03C All records shall be maintained for a period of sixty (60) days except on those dogs or cats on which a complaint was made by the owner of the kenneled dogs or cats, or if some other problem occurred during boarding, those records shall be kept for one (1) year, unless the Director requests in writing that they be maintained for a longer period, for the purpose of investigation.

010.04 Acquisition Records for Animal Control Facilities, Animal Rescues, and Animal Shelters.

010.04A Each animal control facility, animal rescue, and animal shelter shall make, keep, and maintain records which fully and correctly disclose the following information concerning each dog and cat housed, purchased, leased, exchanged or otherwise acquired, including births. Records shall be completed within 48 hours of acquiring a dog or cat. Such records shall include:

010.04A(1) The form referred to as Record of Acquisition and Dogs and Cats on Hand, Animal and Plant Health Inspection Service Form 7005, or other Department approved form;

010.04A(2) The date a dog or cat was received or acquired;

010.04A(3) The name and complete mailing address of the person from whom a dog or cat was received or acquired, including the driver’s license number; or, the name, official title, and mailing address of any state or political subdivision of a state, or its representative, from whom a dog or cat was received or acquired;

010.04A(4) The individual identification, if available. Dogs or cats having no individual identification at time of entry into the animal control facility, animal rescue, or animal shelter shall be identified in accordance with 23 NAC 18-008;

010.04A(5) The form referred to as the USDA’s United States Interstate and International Certificate of Health Examination for Small Animals, APHIS Form 7001 (also known as health certificate), or similar state form, shall accompany all dogs and cats imported into Nebraska. A health certificate shall be signed by a veterinarian who is licensed and accredited in the state of origin of such dogs or cats imported into Nebraska.

010.05 Disposition Records for Animal Control Facilities, Animal Rescues, and Animal Shelters.

010.05A Each animal control facility, animal rescue, or animal shelter shall make, keep, and maintain records which fully and correctly documents information concerning each dog and cat sold, exchanged, leased, transferred or otherwise disposed. Records shall be completed within 48 hours of the disposition of a dog or cat. Such records shall include:

010.05A(1) The form referred to as Record of Disposition of Dogs and Cats on Hand, Animal and Plant Health Inspection Service Form 7006 or other Department approved form;

010.05A(2) The date a dog or cat was sold, exchanged, leased, transferred or otherwise disposed;

010.05A(3) The name and complete mailing address of the person to whom a dog or cat was sold, exchanged, leased, transferred or otherwise disposed;

010.05A(4) The individual identification number or name of the dog or cat; and

010.05A(5) The method of disposition. If the dog or cat dies or is euthanized, a record of how the animal was disposed, including a description of the circumstances surrounding the death. If euthanized, the name of the person performing the euthanasia and the method of euthanasia shall be recorded in the dog’s or cat’s health records;

010.05B A state or political subdivision of a state which contracts out its animal control duties shall submit information to the Department identifying which licensed animal control facility, animal rescue, or animal shelter is housing or containing the dogs or cats under its animal control authority.

010.06 Health Records. Individual health records of dogs and cats shall be kept and maintained by all operators except boarding kennels. Individual health records, or a copy, shall be prepared within 48 hours. The information for individual health records shall be taken from the person from whom a dog or cat was purchased or otherwise transferred or acquired. Commercial dog breeders shall also comply with any additional requirements set forth in §54-641.02. Health records, or a copy, shall accompany all dogs and cats upon the transfer of ownership, and shall include the following:

010.06A Vaccination records, including rabies vaccination certificate, and any other treatments and medications given;

010.06B All medical procedures performed;

010.06C The reasons for or the condition requiring treatment, medication, or medical procedure, including the results of such treatment, medication or medical procedure; and

010.06D Record of all offspring produced, including the number of litters produced and litter size for each dog and cat.

010.06E If a dog or cat is no longer capable of breeding, or is infertile, and the commercial dog or cat breeder wants to exempt said dog or cat from being counted as part of its breeding stock, a commercial dog or cat breeder may have the dog or cat surgically sterilized by a licensed veterinarian; or may obtain a statement of infertility from a veterinarian licensed to practice in Nebraska verifying that such dog or cat is no longer capable of breeding. The attending veterinarian may use the Statement of Infertility Form, attached herein as Appendix G.

010.06F If a dog or cat dies, the health records shall include:

010.06F(1) An explanation of how the death occurred (euthanasia, natural causes or other);

010.06F(2) The date of death;

010.06F(3) If euthanasia was performed, the name of the person performing the euthanasia and the method of euthanasia.

011 Procurement of Dogs and Cats By Dealers and Pet Shops .

011.01 A dealer or pet shop which obtains dogs and cats from within this state shall only obtain such dogs and cats from other licensees who are licensed under the Act and in accordance with these regulations.

011.02 No person shall obtain live dogs or cats by use of false pretenses, misrepresentation or deception.

012 Licensees Restricted in Sales to Dealers . Licensees shall not sell to dealers operating within the state who are not licensed under the Act and in accordance with these regulations.

013 Spaying and Neutering . Licensees and any other retailer, who transfers ownership of a dog or cat to an ultimate consumer, shall comply with the spaying and neutering requirements of the Act.

014 Assessment of Administrative Fines . The Department may impose an administrative fine pursuant to §54-633(3) and this section.

014.01 In addition to the definitions set forth in 23 NAC 18-003, the following shall apply to 23 NAC 18-014:

014.01A LEVEL OF VIOLATION shall mean the alleged violation is a first or subsequent violation.

014.01B FIRST VIOLATION shall mean the alleged violator has not been found by an order of the Director or any court, or by the violator’s own admission in a settlement agreement, to have committed a violation of the Act or these regulations in the three years immediately preceding the date of the alleged violation.

014.01C SUBSEQUENT VIOLATION shall mean the alleged violator has committed the same violation of the Act or these regulations one or more times within the three years immediately preceding the date of committing the current alleged violation as determined by an order of the Director or any court, or the alleged violator has entered into a settlement agreement admitting to the facts establishing the previous violation.

014.01D BASE FINE shall mean the amount of the administrative fine set by regulation for a particular violation of the Act or these regulations prior to any adjustments for gravity or size of the operation.

014.02 When it is determined that an administrative fine is an appropriate penalty for a violation of the Act or these regulations, the actual amount of such administrative fine shall be calculated by determining the base fine and making the necessary adjustments for gravity and the size of business as set forth in this section. An alleged violator shall be subject to the assessment of a fine for each violation, but may not be fined for lesser included violations arising out of the same act, if the alleged violator has been fined for the greater violation. The Department may, however, issue any fine at the statutory maximum for any egregious violation. The base fines established for the specific violations are as follows:

014.02A Failing to provide a dog or cat with necessary food or water.

014.02A(1) Base fine for a first violation is $2,500.

014.02A(2) Base fine for a subsequent violation is $5,000.

014.02B Threatening a dog’s or cat’s health or safety by egregiously failing to maintain sanitary premises, pens, enclosures, or structures. Such violations may include: (i) filthy premises containing an accumulation of feces, urine, or both, from which the dog or cat cannot extricate itself such that the premises would be rated as filthy or very unsanitary on the Tufts Environmental Health Scale; (ii) overwhelming odor creating poor air quality which makes breathing difficult for the dogs and cats due to insufficient ventilation, insufficient cleaning of animal waste, or both; (iii) large amounts of litter, food waste, trash, junk, or weeds are present, which inhibits comfortable rest, normal postures or movement, or poses an immediate danger to dogs and cats; (iv) dogs and cats having no means to escape contact with feces, urine, mud, or standing water; (v) animals provided with contaminated food, drinking water, or both; (vi) dogs and cats being handled in a manner that causes a significant threat to health or safety, or (vii) exposes the dogs or cats to sharp, jagged objects in or on parts of the primary enclosures; or (viii) excessive rust that prevents the required cleaning and sanitation, or which affects the structural strength of the surface or (ix) infestation of insects, parasites, or rodents.

014.02B(1) Base fine for a first violation is $2,500.

014.02B(2) Base fine for a subsequent violation is $5,000.

014.02C Failing to provide shelter or protection from extreme temperatures or humidity and weather conditions suitable for the age, species, breed or type, and physical condition of the animal so as to provide for the dog’s and cat’s health or safety. Such violations may include dogs and cats which are subjected to temperature extremes resulting in hypothermia, hyperthermia, or any condition related thereto.

014.02C(1) Base fine for a first violation is $2,500.

014.02C(2) Base fine for a subsequent violation is $5,000.

014.02D Failing to provide dogs and cats with adequate space required for the species or breed whereby such animal has no room to stand, sit, lie down in a comfortable, normal position, or turn about freely, and to walk in a normal manner.

014.02D(1) Base fine for a first violation is $2,500.

014.02D(2) Base fine for a subsequent violation is $5,000.

014.02E Failing to maintain a dog in a healthy condition as an indicator of the overall health or safety of such dog. For example, a matted dog with significant underlying lesions, other health impairments, or both, resulting from the mats, is a failure to maintain a dog in a healthy condition.

014.02E(1) Base fine for a first violation is $2,500.

014.02E(2) Base fine for a subsequent violation is $5,000.

014.02F Failing to provide veterinary care for a dog or cat when such veterinary care appears to be necessary, and is later determined by a veterinarian that such care was necessary for the health or safety of such dog or cat.

014.02F(1) Base fine for a first violation is $2,500.

014.02F(2) Base fine for a subsequent violation is $5,000.

014.02G Violating 54-628(4) or otherwise refusing to allow the Department to enter the premises during normal business hours for the purposes of inspection under the Act and these regulations, or otherwise denying access to any officer, agent, employee, or appointee of the Department.

014.02G(1) Base fine for a first violation is $2,500.

014.02G(2) Base fine for a subsequent violation is $5,000.

014.02H Interfering with the Department in the performance of its duties. Such interference includes offering any resistance to, thwarting, or hindering any officer, agent, employee, or appointee of the Department and any misrepresentation or concealment, or hiding dogs or cats or failing to disclose all locations housing dogs or cats harbored by the alleged violator.

014.02H(1) Base fine for a first violation is $2,500.

014.02H(2) Base fine for a subsequent violation is $5,000.

014.02I Failing to comply with an order of the Director.

014.02I(1) Base fine for a first violation is $2,500.

014.02I(2) Base fine for a subsequent violation is $5,000.

014.02J Using any license issued by the Department while the license is under suspension; or, for purposes other than those authorized by the Act.

014.02J(1) Base fine for a first violation is $2,500.

014.02J(2) Base fine for a subsequent violation is $5,000.

014.02K Failing to make available to the Department, for purposes of inspection or to copy, all records, papers, and other information necessary for the enforcement of the Act and these regulations, or both.

014.02K(1) Base fine for a first violation is $2,500.

014.02K(2) Base fine for a subsequent violation is $5,000.

014.02L For commercial dog breeders: (1) failing to have euthanasia performed by a licensed veterinarian; (2) failing to have surgical births or other surgical procedures performed by a licensed veterinarian using anesthesia; or (3) failing to contact a licensed veterinarian without delay after an occurrence of a serious or life-threatening injury or medical condition of a dog under such dog breeder’s care, supervision or control.

014.02L(1) Base fine for a first violation is $2,500.

014.02L(2) Base fine for a subsequent violation is $5,000.

014.02M Failing to comply with the wellness examination for each breeding dog at least once every three years, including a basic physical and dental examination.

014.02M(1) Base fine for a first violation is $2,500.

014.02M(2) Base fine for a subsequent violation is $5,000.

014.02N Failing to accept delivery of registered mail or certified mail after being verified by the United States Postal Service as not being picked up by the licensee or his or her representative.

014.02N(1) Base fine for a first violation is $1,500.

014.02N(2) Base fine for a subsequent violation is $3,000.

014.02O Impairing a dog’s or cat’s health or safety by failing to maintain sanitary premises, pens, enclosures or structures. Such violations may include, but shall not be limited to: (i) an accumulation of waste matter making it difficult for a dog or cat to avoid such that the premises would be rated as unsanitary on the Tufts Environmental Health Scale; (ii) moderate amounts of litter, food waste, trash, junk or weeds are present which may inhibit comfortable rest, normal movement, or both; (iii) potential injury to a dog or cat from sharp edges or glass; or (iv) standing water or mud making it difficult for a dog or cat to avoid.

014.02O(1) Base fine for a first violation is $1,500.

014.02O(2) Base fine for a subsequent violation is $3,000.

014.02P Failing to inform the Department of any convictions of any violation of any local ordinance, county resolution, state or federal law on the disposition or treatment of dogs or cats.

014.02P(1) Base fine for a first violation is $1,500.

014.02P(2) Base fine for a subsequent violation is $3,000.

014.02Q Failing to comply with any provisions of the Act and these regulations which may impair the health or safety of a dog or cat including, but not limited to, failing to effectively control insects or external parasites affecting dogs or cats.

014.02Q(1) Base fine for a first violation is $1,500.

014.02Q(2) Base fine for a subsequent violation is $3,000.

014.02R Failing to notify the Department of any change in the name, address, management, control or ownership of the business or operation, or of additional sites.

014.02R(1) Base fine for a first violation is $1,500.

014.02R(2) Base fine for a subsequent violation is $3,000.

014.02S Failing to keep all records required by the Department.

014.02S(1) Base fine for a first violation is $1,500.

014.02S(2) Base fine for a subsequent violation is $3,000.

014.02T Failing to maintain a written veterinary care plan or a written emergency veterinary care plan.

014.02T(1) Base fine for a first violation is $500.

014.02T(2) Base fine for a subsequent violation is $1,000.

014.02U Failing to develop, maintain or follow the exercise plan for dogs.

014.02U(1) Base fine for a first violation is $500.

014.02U(2) Base fine for a subsequent violation is $1,000.

014.02V Failing to maintain sanitary premises such that the premises would be rated as marginal on the Tufts Environmental Health Scale, or otherwise failing to maintain premises, structures, enclosures or pens in accordance with the standards set forth in the Act, these regulations and 9 C.F.R. §§3.1 to 3.19.

014.02V(1) Base fine for a first violation is $500.

014.02V(2) Base fine for a subsequent violation is $1,000.

014.02W Failing to pay any required fees under the Act and these regulations. A check with insufficient funds will be deemed nonpayment of fees.

014.02W(1) Base fine for a first violation is $500.

014.02W(2) Base fine for a subsequent violation is $1,000.

014.02X Failing to properly identify dogs and cats.

014.02X(1) Base fine for a first violation is $500.

014.02X(2) Base fine for a subsequent violation is $1,000.

014.02Y Any other violation of the Act, these regulations and 9 C.F.R. §§3.1 to 3.19 not otherwise set out in 23 NAC 18-014.

014.02Y(1) Base fine for a first violation is $500.

014.02Y(2) Base fine for a subsequent violation is $1,000.

014.03 Gravity adjustment criteria. The base administrative fine may be changed by considering the gravity of harm of the violation and the gravity of misconduct of the person committing the violation. The specific numerical value will be assigned to each category as set forth in the following charts:

014.03A Gravity of harm.

Violation	Circumstances	Value
Department’s Ability to Enforce the Act	Violation significantly interfered with Department’s ability to enforce the Act	5
Violation moderately interfered with Department’s ability to enforce the Act	3
Violation slightly interfered with Department’s ability to enforce the Act	1
Violation did not interfere with Department’s ability to enforce the Act	0
Harm to Dog or Cat Health	Actual life threatening harm to dog or cat health or safety.	5
Actual serious harm to dog or cat health or safety.	4
Potential serious harm to dog or cat health or safety.	3
Minor actual harm to dog or cat health or safety.	2
Minor potential harm to dog or cat health or safety.	1
No potential harm to dog or cat health or safety.	0
Extent of Violations At Operations	Violations at operation so widespread and pervasive the quality of care at the entire operation is affected	5
Numerous and widespread violations greatly affecting the quality of care at operation	4
Moderately widespread violations moderately affecting the quality of care at operation	3
Less widespread violations, slightly affecting the quality of care at the operation	2
Only a few minor violations, not affecting the quality of care at the operation	1
No violations at operation	0

014.03B Gravity of misconduct. For the purposes of this subsection prior violation means a violation which was committed within the last three years.

Violation	Circumstances	Value
Compliance History	Two or more prior violations, either similar or unrelated to current violation	3
One prior violation similar to current violation	2
One prior violation unrelated to current violation	1
No prior violations	0
Culpability	Knowing or willful violation.	5
Violation resulting from faulty, careless, or negligent action	3
Violation was neither knowing or willful and did not result from faulty, careless, nor negligent action	0
Remedial Efforts	Violator voluntarily notified the Department of incident or violation	-1
Violator instituted steps to correct the violation immediately after discovery of the violation	-2
Violator notified the Department of incident and took reasonable and timely steps to correct the violation	-3
Financial Gain	Violation has or would have resulted in significant financial gain for violator.	3
No financial gain to violator as a result of violation	0

014.03C To determine the adjusted fine, the base fine shall be adjusted based on the total number of points calculated from 23 NAC 18-014.03A and 014.03B and multiplying the base fine by the gravity adjustment percentage of base value set forth below.

Adjustments for Gravity

Total Gravity Value	Adjustment
3 or below	25% of base value
4-6	50% of base value
7-10	75% of base value
11 or above	100% of base value

014.04 To determine the actual administrative fine, the adjusted fine as determined in 23 NAC 18-014.03C shall be multiplied by the appropriate value corresponding with the size of operation criteria set forth below.

Size of Operation Criteria

Number of Dogs or Cats at Operation	Multiplier Value
0 to 5	0.2
6 to 15	0.4
16 to 30	0.6
31 to 50	0.8
over 51	1.0

014.05 Nothing in these regulations shall prevent the Department from entering into a settlement agreement with any person violating the Act or these regulations which specifies a different fine or other compliance action.

015 Publications Adopted . See Appendix.

016 Annotation . Neb. Rev. Stat. §§54-625 to 54-643.

APPENDIX

A. Code of Federal Regulations, 9 C.F.R., Part 3 - Standards, Subpart A - Humane Handling, Care, Treatment, and Transportation of Dogs and Cats, §§3.1 to 3.19 (2015).

B. Code of Federal Regulations, 9 C.F.R., Part 2 - Regulations, Subpart E - Identification of Animals, §§2.50 to 2.55 (2015).

C. Record of Acquisition and Dogs and Cats on Hand, APHIS FORM 7005.

D. United States Interstate and International Certificate of Health Examination for Small Animals, APHIS FORM 7001.

E. Record of Disposition of Dogs and Cats, APHIS FORM 7006.

F. Tufts Animal Care and Condition Scales for Assessing Body Condition, Weather and Environmental Safety, and Physical Care in Dogs: SECTION II. Weather Safety Scale, SECTION III, Environmental Health Scale, and SECTION IV, Physical Care Scale.

G. Statement of Infertility.

H. Attempted Inspection Notice.

I. Veterinary Care Plan.

J. Emergency Veterinary Care Plan.

History

Effective 2016-02-17

Chapter 20 Food Supply Animal Veterinary Incentive Program Regulations

Neb. Admin. Code tit. 23, ch. 20 Food Supply Animal Veterinary Incentive Program Regulations {#sec-23-nac-20 omnilex-key=us-ne-regs-official--title-23--23 NAC 20}

001 Statement of Purpose . The purpose of these regulations is to aid in administering the Food Supply Animal Veterinary Incentive Program Act, Neb. Rev. Stat. §§54-501 to 54-508.

002 Administration and Reporting . These regulations are administered by the Bureau of Animal Industry of the Department of Agriculture (the Department), fourth floor, State Office Building, 301 Centennial Mall South, Lincoln, Nebraska 68509. The telephone number is (402) 471-2351, FAX: (402) 471-6893.

003 Definitions . Definitions contained in Neb. Rev. Stat. §§54-501 to 54-508, shall apply to such terms when used in these regulations.

003.01 ACT means the Food Supply Animal Veterinary Incentive Program Act.

003.02 FOOD SUPPLY ANIMAL VETERINARY INCENTIVE PROGRAM AWARD APPLICATION means the application form developed by the Department and completed by an applicant for purposes of assisting the Department in the selection.

004 Application Process .

004.01 Applicants may apply to the Department on a Food Supply Animal Veterinary Incentive Program Award Application form available at the Department.

004.02 The Department may request additional information from an applicant, and no determination shall be made until all requested information has been received by the Department.

005 Contractual Requirements .

005.01 An applicant shall enter into a contract with the Department agreeing to the terms and conditions upon which the program funds shall be awarded.

005.02 An applicant shall submit an annual report to the Department verifying that he or she has complied with all of the requirements set forth in the Act, the regulations promulgated under the Act, and the Contract.

006 Annotation . Neb. Rev. Stat. §§54-501 to 54-508.

History

Effective 2011-07-13

Chapter 21 Animal Regulations

Neb. Admin. Code tit. 23, ch. 21 Animal Regulations {#sec-23-nac-21 omnilex-key=us-ne-regs-official--title-23--23 NAC 21}

001 Administration . These regulations are administered by the Nebraska Department of Agriculture pursuant to the Animal Health and Disease Control Act (Animal Health Act), Neb. Rev. Stat. §§54-2901 to 2957 the Exotic Animal Auction or Exchange Venue Act (Exotic Auction Act), Neb. Rev. Stat. §§54-7,105 to 7,109 and the Domesticated Cervine Animal Act (DCA Act), Neb. Rev. Stat. §§54-2302 to 2324.

002 Definitions . In addition to the terms listed below, the definition of terms found in the Animal Health Act, Exotic Auction Act and the DCA Act apply to such terms when found in these regulations.

002.01 CVI means a certificate of veterinary inspection.

002.02 CWD means Chronic Wasting Disease.

002.03 CWD Program Standards means the United States Department of Agriculture Animal and Plant Health inspection Service's Chronic Wasting Disease Program Standards.

002.04 DCA means domesticated cervine animal or animals.

002.05 Equivalent means equal to or exceeds requirements and has been approved by the Department.

002.06 Feral swine means the species, Sus scrofa, which are descendants of escaped or released swine.

002.07 Poultry disease program standards means the United States Department of Agriculture Animal and Plant Health Inspection Service's National Poultry Improvement Plan.

002.08 Scrapie program standards means the United States Department of Agriculture Animal and Plant Health Inspection Service's National Scrapie Eradication Program Standards.

002.09 Swine Brucellosis program standards means the Swine Brucellosis Control/Eradication State-Federal-Industry Uniform Methods and Rules.

003 Federal Standards . 9 C.F.R. Part 93, CWD, poultry disease, scrapie and swine brucellosis program standards as they existed on January 1, 2020 are adopted and incorporated herein by reference so long as they do not conflict with the Animal Health or DCA Acts. If there is an inconsistency, the acts control. Copies are attached to these regulations on the department's website at https://nda.nebraska.gov/regulations/.

004 Importation of Animals .

004.01 Animals must comply with all applicable requirements to enter the state. Animals entering the state which are not in compliance are subject to enforcement actions and may be quarantined at the expense of the owner until released by the Department or immediately returned to the state of origin. Any post-entry testing required to release a quarantine is at the expense of the person in possession of the animals.

004.02 Prior to entry, all calves less than two months of age, unless accompanied by their dam, need official identification, to be in compliance with these regulations, and originate from the farm or ranch where they were born and move directly to an approved livestock facility in Nebraska or obtain a permit and move directly to the destination named on the permit to be held for a minimum of sixty days.

004.03 All importers of cattle, camelids, cervidae, equidae, sheep, goats, and swine from any state which has a herd or area quarantined for vesicular stomatitis are required to obtain a permit prior to import into Nebraska, with the permit number recorded on the CVI unless such animal is covered by an exemption allowing an electronic CVI. Additionally, animals imported into the state for exhibition purposes without a permit must be examined for vesicular stomatitis by an accredited veterinarian within forty-eight (48) hours of importation into Nebraska and this is noted on the CVI.

004.04 In addition to general requirements, cattle or cervidae brought into the state are required to comply with federal tuberculosis provisions and these regulations.

004.04A All sexually intact dairy and dairy cross cattle additionally need a permit prior to entry into Nebraska. If less than two months of age, the cattle must originate from an accredited herd or be quarantined to their Nebraska destination, and test negative to an official tuberculosis test within sixty days after reaching two months of age or be neutered within sixty (60) days after reaching two months of age. If two months of age or older, the cattle must originate from an accredited herd, with the accredited herd number recorded on the CVI or be tested and found negative on an official tuberculosis test after reaching two months of age and within sixty days prior to entry into Nebraska.

004.04B Cattle originating in Mexico need to have been tested for tuberculosis and found to be negative within sixty days prior to entry into Nebraska. Such cattle will remain at the Nebraska destination under quarantine until they have been subjected to an official tuberculin tuberculosis test conducted at least sixty days after the date of the importation tuberculin tuberculosis test, but not more than one hundred twenty days after entry into Nebraska except neutered cattle may move to a feedlot in Nebraska for feeding purposes where adequate separation is maintained to prevent contact with animals being fed for purposes other than slaughter. Such cattle will be placed under a quarantine until moved direct to slaughter.

004.04C All rodeo cattle imported into Nebraska are required to have a permit prior to entry into Nebraska in addition to tuberculosis testing meeting the Department's guidelines. Rodeo cattle being used for breeding must also comply with all other applicable requirements.

004.04D Any animal imported into Nebraska from another state or area of another state where tuberculosis exists is subject to the requirements set out in an importation order issued by the Department.

004.05 Due to trichomoniasis concerns, beef and dairy cattle imported for breeding must meet the following:

004.05A Unless an exception applies, bulls that are sexually intact and over eighteen months of age or non-virgin and less than eighteen months of age are required to have tested negative for trichomoniasis by an approved test, within sixty days prior to importation and must not been used for breeding purposes for at least two weeks prior to commencing trichomoniasis testing. Test samples are to be collected only by an accredited veterinarian trained to collect such samples and be conducted by an approved laboratory. The CVI is required to note compliance with this section.

004.05B Virgin bulls less than eighteen months of age accompanied by a CVI containing a statement that the bulls have had no contact with breeding females and Nebraska origin breeding bulls exported for grazing purposes returning to Nebraska may enter without testing if accompanied by a CVI stating the bulls have not commingled with any other herd. Any such CVI needs to have been issued within thirty days prior to import into Nebraska.

004.05C Unless an exception set by the Department that is indicated by a valid CVI exists, female cattle for breeding purposes are not allowed to be imported into Nebraska.

004.06 Feral swine are prohibited from entering the state. All swine changing ownership and moving to a destination in Nebraska should move directly or through no more than one concentration point, and be confined to the premises of destination for not less than thirty days or permission has been granted for movement by the Department. Breeding swine imported into the state need to: originate directly from an area classified as Stage IV or V or recognized by USDA/APHISA/S as being free of pseudorabies; and, meet the requirements of the swine brucellosis program standards.

004.07 Equids are required to be tested and negative for Equine Infectious Anemia within one year of entry into the state except the foals under six months of age accompanying their dam are exempt from this requirement.

004.08 Only DCA species allowed by the Commission may enter the state and such DCA may only enter if they meet general requirements, have a permit to move to a premises with a valid DCA Permit, and have been identified by both official identification and visible individual identification.

004.08A DCA less than six months of age that accompany their dam entering the state will be subject to the same retest requirements as their dam but will not require any tuberculosis testing prior to entry. Such DCA that do not accompany their dam will need to be tested for tuberculosis in not less than one hundred twenty days, but not more than three hundred sixty-five days after entry. DCA imported into Nebraska cannot have moved through more than one concentration point within the previous ninety days.

004.08B DCA six months of age and older entering the state are required to originate directly from an accredited tuberculosis free herd or be segregated from other animals and subjected to two official tuberculosis tests and found to be negative. Such tests will be at least ninety days, but not more than three hundred sixty-five days apart with the last test being within ninety days prior to entry.

004.08C DCA entering the state are required to meet the requirements of the CWD Program Standards or originate from a herd with documentation that the herd is equivalent to those standards.

004.09 Exotic animal importers are required to meet all general and specific species requirements and obtain a permit which will only be issued after the importer can show compliance with Neb. Rev. Stat §§37-477 to 37-479.

004.09A Camelids and Bovids over six months of age are required to be tested and negative for brucellosis and tuberculosis within sixty days prior to entry into the state. A brucellosis test is not required for neutered camelids or bovids.

004.09B Psittacine birds are required to be free of signs of psittacosis for sixty days prior to entry into the state.

004.09C Elephants are required to be tested and negative to tuberculosis within one year prior to entry into the state.

004.10 In addition to general requirements, cattle which have lived any part of their lives in Mexico may enter the state if they meet federal regulations and obtain a permit from the Department.

005 Poultry . Poultry flocks in or entering the state must comply with the Poultry Disease Program Standards.

006 Sheep and Goats . Sheep and goats in or entering the state must comply with all applicable provisions of the Scrapie Program Standards.

007 Composting . Composting of livestock carcasses must control disease vectors, dust, litter, leachate and runoff, ensure that livestock carcasses are not visible from public roads or habitable structures, protect the facility from scavenging by animals, keep livestock carcasses in the composting facility until completely composted before spreading on land; and remove all finished compost within twelve months of the process.

008 Disease Reporting .

008.01 Foreign animal diseases are: African Horse Sickness; African Swine Fever; Akabane disease; Babesiosis (bovine species); Bovine ephemeral fever; Bovine Spongiform Encephalopathy; Classical Swine Fever; Contagious Agalactia; Contagious Bovine Pleuropneumonia; Contagious Caprine Pleuropneumonia (caprine/ovine species); Contagious Equine Metritis; Crimean Congo Hemorrhagic Fever; Dourine; Duck viral hepatitis; Epizootic lymphangitis; Foot and Mouth Disease; Glanders; Goat Pox; Heartwater; Hemorrhagic Septicemia; Hendra virus; Highly Pathogenic Avian Influenza; Japanese Encephalitis; Lumpy Skin Disease; Malignant Catarrhal Fever; Melioidosis; Menangle virus infection; Nairobi Sheep Disease; Newcastle Disease Virulent; Nipah Virus Encephalitis; Peste des Petits Ruminants; Rift Valley Fever; Rinderpest; Screwworm (Old World and New World); Sheep Pox; Sheep Scabies; Surra; Swine vesicular disease; Teschovirus encephalomyelitis; Theileriasis; Trypanosomiasis; and, Venezuelan Equine Encephalomyelitis.

008.02 Program diseases are: Anthrax; Brucellosis (B. abortus, B. mefitensis, B. suis); Chronic Wasting Disease; H5/H7 Low Pathogenic Avian Influenza; Pseudorabies; Pullorum; Scrapie; Trichomoniasis; Tuberculosis; and, Typhoid.

008.03 Tier 1 diseases are: Equine Herpes Virus Myeloencephalopathy; Equine Infectious Anemia; Equine Piroplasmosis; and, Vesicular Stomatitis.

008.04 Tier II diseases are: Anaplasmosis; Avian Chlamydiosis; Avian Infectious Bronchitis; Avian Infectious Laryngotracheitis; Bluetongue; Bovine Genital Campylobacteriosis; Bovine Viral Diarrhea; Brucella Ovis; Caprine Arthritis/Encephalitis; Cysticercosis; Eastern Equine Encephalomyelitis; Echinococcocis/Hydatidosis; Enzootic Abortion of Ewes (Ovine Psittacosis, Chiamydia psittaci); Enzootic Bovine Leukosis; Epizootic Hemorrhagic Disease; Equine Influenza (Virus Type A); Equine Rhinopneumonitis Equine Herpesvirus types 1 and 4; Equine Viral Arteritis; Fowl Cholera; Infectious Bovine Rhinotracheitis/lnfectious PustularVulvovaginitis; Infectious Bursal Disease; Johne's (paratuberculosis); Leptospirosis; Maedi-Visna/Ovine Progressive Pneumonia; Marek's Disease; Mycoplasmosis (M. gallisepticum); Mycoplasmosis (M. synoviae); Ovine Epididymitis; Ovine Progressive Pneumonia; Porcine Circovirus associated diseases; Porcine Enterovirus Type I; Porcine Reproductive and Respiratory Syndrome; Q Fever; Rabies; Salmonellosis; Scabies; Transmissible Gastroenteritis; Trichinellosis; Tularemia; Turkey Rhinotracheitis (pneumovirus); West Nile Fever; Western Equine Encephalomyelitis.

008.05 Emerging diseases include Novel Swine Enteric Coronavirus Disease; Seneca Valley Virus, (Seneca Virus A) and other diseases identified by the state veterinarian as having the potential for serious economic impact or serious threat to Nebraska's livestock health or livestock industry and are monitored on a case-by-case basis in order to assess the progress of the disease transmissibility and its economic impact on the state.

008.06 Reporting to the Department.

008.06A A veterinarian, laboratory, or other person diagnosing, confirming, or suspecting a foreign animal disease, emergency condition, program disease except Trichomoniasis, or Tier 1 disease must report immediately the name or nature of the disease, including clinical history, death losses, species, and approximate number of animals exposed or suspected to be diseased, name, address, animal location and telephone number of both the reporting party and the animal's owner.

008.05B Confirmed Tier II and Emerging disease diagnoses must be submitted on a monthly basis. A laboratory or veterinarian reports the disease, including clinical history, death losses, county of animal location, species, and approximate number of animals exposed or suspected to be diseased, name, address, and telephone number of the reporting party.

009 Fines .

009.01 When it is determined that an administrative fine is an appropriate penalty, the actual amount of such fine is calculated by taking the base fine of five thousand dollars per violation and adjusting as set forth in this section.

009.02 Gravity adjustment criteria. The base fine may be reduced by considering the gravity of harm of the violation and the gravity of misconduct.

009.02A Gravity of harm.

Violation	Circumstances	Value
Department's Ability to Enforce the Act	Violation significantly interfered with Department's ability to enforce the Act	5
Violation moderately interfered with Department's ability to enforce the Act	3
Violation slightly interfered with Department's ability to enforce the Act	1
Violation did not interfere with Department's ability to enforce the Act	0
Harm to Industry	Actual harm which is both serious and widespread to animal industry	5
Actual harm which is either serious or widespread to animal industry	4
Potential serious harm to animal industry	3
Minor actual harm to animal industry	2
No potential harm to animal industry	0
Extent of Violations	Violations so widespread and pervasive disease control was made impossible	5
Numerous or widespread violations greatly affecting disease control	4
Moderately widespread effect disease control	3
Less widespread effect on disease control	2
Only a minor violations affecting disease control	1
No violations affecting disease control	0

009.02B Gravity of misconduct. For the purposes of this subsection prior violation means a violation which was committed within the last three years.

Violation	Circumstances	Value
Compliance History	Two or more prior violations	3
One prior similar to violation	2
One prior unrelated violation	1
No prior violations	0
Culpability	Knowing or willful violation	5
Violation resulting from faulty, careless, or negligent action	3
Violation was neither knowing or willful and did not result from faulty, careless, nor negligent action	0
Failure to Take Remedial Efforts	Violator failed to cooperate with Department's investigation	3
Violator failed to notify the Department of the violation and failed to correct the action	2
Violator either failed to notify the Department of the violation or failed to correct the violation	1
Financial Gain	Violation has or could have resulted in financial gain for violator	3
No financial gain to violator as a result of violation	0

009.02C To determine the adjusted fine, the base fine is adjusted based on the total number of points calculated from 23 NAC 21-009.02A and 009.02B and multiplying the base fine by the gravity adjustment percentage of base value.

Total Gravity Value	Adjustment
3 or below	25% of base value
4-6	50% of base value
7-10	75% of base value
11 or above	100% of base value

009.03 To determine the actual administrative fine, the adjusted fine is multiplied by the appropriate value corresponding with the size of size of business.

Gross Revenue	Multiplier Value
$0-25,000	0.2
$25,001-100,000	0.4
$100,001-250,000	0.6
$250,001-500,000	0.8
over $500,001	1.0

009.04 Nothing in these regulations prevents the Department from entering into a settlement agreement which specifies a different fine.

010 DCA .

010.01 Facility Permit. A permit is required for each premise, or two or more premises under common ownership or supervision geographically separated but with an interchange of DCA, as long as the premises are located within a county or adjacent county

010.01A Applications will include: the DCA facility telephone number; whether the business is an individual, partnership, association, or corporation; legal description for location of a DCA facility including county, section, township, range; and a listing of how many DCA at the facility are over or under twelve months of age on the date of the application.

010.01B The fee for a DCA facility permit is two dollars and fifty cents per animal twelve months of age or older. The minimum fee is twenty-five dollars; the maximum fee is two hundred dollars.

010.01C A DCA facility permit will not be issued until all permit and inspection fees due are paid.

010.01D The Department may impose a penalty for delinquency of twenty- five dollars per month or a portion of a month, in addition to the permit fees.

010.02 Each DCA facility will be inspected at least once every three-years. The Department may perform additional inspections as needed. The inspection fee for a DCA facility permit is three dollars per animal twelve months of age. The minimum fee is thirty dollars; the maximum fee is three hundred dollars and is due at the time of the inspection.

010.03 Minimum Construction Requirements.

010.03A Facilities constructed prior to January 1,2000, must be structurally sound, maintained in good repair and of sufficient height and construction to contain the DCA. Modifications to such facilities need to meet the standards set in these regulations:

010.03B Facilities constructed after January 1, 2000, must have perimeter fencing at least eight feet above ground level made of mesh fencing material or equivalent of sufficient size to contain adult DCA; minimum wire gauges are twelve and one-half gauge for conventional fencing or fourteen and one half gauge for woven high-tensile wire; posts made of wood or equivalent at least as tall as the fence, four inches diameter at the top, and spaced no more than fifty feet apart except that sixty feet spacing is allowed if there are at least two steel posts between the wood posts with corners of braced wood or equivalent material; and gates entering animal holding facilities constructed to maintain the same or greater holding capacity as the perimeter fence.

010.03C Handling facilities must allow for gathering, sorting, and restraining for applying or reading any identification or performing required diagnostic tests. Hunt pastures need enclosures of sufficient strength and height capable of holding DCA. Owners are responsible for the cost of gathering, confining, restraining, testing and providing facilities for performing required diagnostic tests ordered by the Department and otherwise providing conditions which allow the Department to perform its duties at the facility.

010.04 Identification.

010.04A Indigenous DCA (elk, mule deer, white-tailed deer and other DCA native to Nebraska) need both an official identification number and visible individual identification which is a plastic eartag at least one and three fourth inches by one and three fourth inches in size of a color clearly distinguishable from the animal. Indigenous DCA born into a herd need such identification before they reach twelve months of age or before being moved from the premises.

010.04B Non-indigenous DCA (DCA not native to Nebraska including, but not limited to, sika deer, fallow deer, reindeer and Pere David's deer) need an official identification number prior to movement.

010.04C DCA parts, hide, antler, meat, or other part, offered for sale, is appropriately marked for proof of ownership by affixing a label with the name and address of the DCA herd owner, DCA facility permit number, description of the part, and the date harvested. The approved size for such label is at least one-and-one half by three inches, up to a maximum of three by five inches.

010.05 Records.

010.05A Records for all indigenous DCA over twelve months of age must include all forms of identification, sex, date of birth, date of entry into the DCA herd, place of origin, species, date of exit from herd, reason for exit from herd, destination information for all DCA leaving the herd and date of death.

010.05B Records for all non-indigenous DCA, when moved in commerce, must include species, date of exit from the herd, reason for exit from the herd, destination information for all DCA leaving the herd and date of death.

010.06 A metal seal obtained from the Department must be affixed to taken (hunted) DCA and a Department multi-part ownership tag completed for each animal with copies to accompany the animal carcass; to be sent with the hunter; and to be kept as a record by the permitholder.

010.07 Intrastate Change of Ownership Requirements.

010.07A All DCA moving intrastate, even directly to a slaughter, need a premovement permit issued by the Department. DCA moving for other purposes need a CVI listing the pre-movement permit number, which will only be issued if both the DCA herd of origin facility and the DCA herd of destination facility have a DCA facility permit, and permanent individual identification. Such movement may affect the destination herd status and the movement must be reviewed with the Department to establish the risk of transmitting CWD.

010.07B Unless moving direct to slaughter. DCA must be tested for tuberculosis within ninety days prior to movement if not coming directly from a herd accredited tuberculosis-free.

010.08 It is the responsibility of the permitholder to immediately arrange for submission to an approved laboratory for testing at the expense of the permitholder of the required CWD samples of all indigenous DCA twelve months of age or older, which are harvested for possible human consumption

010.09 It is the responsibility of the permitholder to furnish the Department with the individual animal identification, test results, death loss, and animal movement information necessary to meet disease program standards if a permitholder requests to voluntarily participate in a disease herd certification program for brucellosis, tuberculosis, CWD.

011 Annotation . Neb. Rev. Stat §§54-2901 to 54-2957, Neb. Rev. Stat. §§54-7,105 to 7,109 and Neb. Rev. Stat. §§54-2302 to 2324.

History

Effective 2022-09-24

Neb. Admin. Code tit. 23 — Bureau of Animal Industry

Chapter 10 Rendering and Pet Feed Manufacturing

Neb. Admin. Code tit. 23, ch. 10 Rendering and Pet Feed Manufacturing {#sec-23-nac-10 omnilex-key=us-ne-regs-official--title-23--23 NAC 10}

Chapter 11 Livestock Dealer Regulations

Neb. Admin. Code tit. 23, ch. 11 Livestock Dealer Regulations {#sec-23-nac-11 omnilex-key=us-ne-regs-official--title-23--23 NAC 11}

Chapter 12 Livestock Auction Market Regulations

Neb. Admin. Code tit. 23, ch. 12 Livestock Auction Market Regulations {#sec-23-nac-12 omnilex-key=us-ne-regs-official--title-23--23 NAC 12}

Chapter 18 Commercial Dog and Cat Operator Inspection Regulations

Neb. Admin. Code tit. 23, ch. 18 Commercial Dog and Cat Operator Inspection Regulations {#sec-23-nac-18 omnilex-key=us-ne-regs-official--title-23--23 NAC 18}

Chapter 20 Food Supply Animal Veterinary Incentive Program Regulations

Neb. Admin. Code tit. 23, ch. 20 Food Supply Animal Veterinary Incentive Program Regulations {#sec-23-nac-20 omnilex-key=us-ne-regs-official--title-23--23 NAC 20}

Chapter 21 Animal Regulations

Neb. Admin. Code tit. 23, ch. 21 Animal Regulations {#sec-23-nac-21 omnilex-key=us-ne-regs-official--title-23--23 NAC 21}

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