Neb. Rev. Stat. §§ 54-1909

Current with changes through the 2024 First Special Legislative Session

Section 54-1909 - Unlawful acts

It shall be unlawful for any person to:

(1) Slaughter any livestock or poultry or prepare any livestock products or poultry products which are capable of use as human food, at any establishment, without first obtaining a license from the director and then only when slaughter or preparation is done in compliance with the requirements of the Nebraska Meat and Poultry Inspection Law and rules and regulations adopted and promulgated by the director;

(2) Engage in rendering or pet feed manufacturing without first obtaining a license from the director and then only when such activity is in compliance with the requirements of the Nebraska Meat and Poultry Inspection Law and rules and regulations adopted and promulgated by the director;

(3) Sell, transport, offer for sale or transportation, or receive for transportation, in intrastate commerce, any such articles which (a) are capable of use as human food and (b) are adulterated or misbranded at the time of such sale, transportation, offer for sale or transportation, or receipt for transportation; or any articles required to be inspected under the Nebraska Meat and Poultry Inspection Law unless they have been so inspected and passed;

(4) Slaughter livestock or poultry for regular commercial channels of commerce unless subjected to antemortem and postmortem inspection, or to sell, offer for sale, expose for sale or have in possession for the purpose of sale, or transport or receive for transportation any livestock product or poultry product capable of use as human food which was slaughtered without antemortem and postmortem inspection and which fails to bear the marks of identification as required by the Nebraska Meat and Poultry Inspection Law and rules and regulations adopted and promulgated under such law. The possession of any quantity of livestock product or poultry product in an amount greater than meets the reasonable consumption of the owner thereof, including all members of such person's immediate household and nonpaying guests, shall be prima facie evidence of intent to sell the same contrary to the Nebraska Meat and Poultry Inspection Law;

(5) With respect to any such articles which are capable of use as human food, do any act while they are being transported in intrastate commerce or held for sale after such transportation, which is intended to cause or has the effect of causing such articles to be adulterated or misbranded;

(6) Sell, transport, offer for sale or transportation, or receive for transportation, in intrastate commerce or from any establishment, any slaughtered poultry from which the blood, feathers, feet, head, or viscera have not been removed in accordance with rules and regulations adopted and promulgated by the director, except as may be authorized by such rules and regulations;

(7) Fail to mark or identify any livestock or poultry, part or product of such carcass as required by the Nebraska Meat and Poultry Inspection Law or rules and regulations adopted and promulgated under such law;

(8) Violate any provision of the rules, regulations, or orders of the director entered pursuant to section 54-1904 or 54-1905 or rules and regulations adopted and promulgated pursuant to section 54-1906 or 54-1908;

(9) Cast, print, lithograph, or otherwise make any device containing any official mark or simulation thereof, or any label bearing any such mark or simulation thereof, except as authorized by the director;

(10) Forge any official device, mark, or certificate or without authorization from the director use any official device, mark, or certificate, or simulation thereof, or alter, detach, remove, deface, or destroy any official device, mark, or certificate required pursuant to the terms of the Nebraska Meat and Poultry Inspection Law and rules and regulations adopted and promulgated by the director;

(11) Knowingly possess, without promptly notifying the director or the director's representative, any official device or any counterfeit, simulated, forged, or improperly altered official certificate or any device or label or any carcass of any animal, including poultry, or part or product thereof, bearing any counterfeit, simulated, forged, or improperly altered official mark, or knowingly make any false statement in any shipper's certificate or other nonofficial or official certificate provided for in the rules and regulations adopted and promulgated by the director; or knowingly represent that any article has been inspected and passed, or exempted, under the Nebraska Meat and Poultry Inspection Law when in fact it has not been so inspected and passed or exempted;

(12) Sell, transport, offer for sale or transportation, or receive for transportation, in intrastate commerce, any carcasses of horses, mules, or other equines or parts of such carcasses, or the meat or meat food products thereof, unless they are plainly and conspicuously marked or labeled or otherwise identified as required by rules and regulations prescribed by the director to show the kinds of animals from which they were derived;

(13) Buy, sell, transport, or offer for sale or transportation, or receive for transportation, in intrastate commerce, any livestock products or poultry products, or dead, dying, disabled, or diseased livestock or poultry which are not intended for use as human food unless they are denatured or otherwise identified or decharacterized as required by the rules and regulations of the director so as to prevent them from being used for human food purposes;

(14) Give, pay, or offer, directly or indirectly, to any officer or employee of this state authorized to perform any of the duties prescribed by the Nebraska Meat and Poultry Inspection Law or by the rules and regulations of the director, any money or other thing of value, with intent to influence such officer or employee in the discharge of any such duty;

(15) Neglect or refuse to attend and testify or to answer any lawful inquiry, or to produce documentary evidence, if in such person's power to do so, in obedience to the subpoena or lawful requirement of the director; or

(16) Willfully make, or cause to be made, any false entry or statement of fact in any report required to be made under the Nebraska Meat and Poultry Inspection Law or rules and regulations adopted and promulgated under such law, or willfully make, or cause to be made, any false entry in any account, record, or memorandum kept by any person subject to the Nebraska Meat and Poultry Inspection Law or willfully neglect or fail to make or to cause to be made, full, true, and correct entries in such accounts, records, or memoranda, of all facts and transactions appertaining to the business of such person or that shall willfully remove out of the jurisdiction of this state, or willfully mutilate, alter, or by any other means falsify any documentary evidence of any person subject to the Nebraska Meat and Poultry Inspection Law or to willfully refuse to submit to the director or to any of the director's authorized agents, for the purpose of inspection and taking copies, any documentary evidence of any person subject to the Nebraska Meat and Poultry Inspection Law in such person's possession or within such person's control; or for any inspector to make public any information obtained by the director, under the authority granted by the Nebraska Meat and Poultry Inspection Law, without first securing the director's authority to do so, unless directed by a court to divulge such information.

Neb. Rev. Stat. §§ 54-1909

Laws 1969, c. 449, § 9, p. 1513; Laws 2021, LB 324, § 5.

Amended by Laws 2021, LB 324,§ 5, eff. 8/28/2021.