Nebraska State Statutes (as of 4/13/07)
Commercial Dog and Cat Operator Inspection Act
________________________________________________________________
Section
54-625
Act, how cited.
Sections 54-625 to 54-642 shall be known and may be cited as the Commercial Dog and Cat Operator Inspection Act.
Source:
Laws 2000, LB
825, � 1
Laws 2003, LB 274, � 1
Laws 2006, LB 856, � 13.
~Revised
Statutes Cumulative Supplement, 2006
Section
54-626
Terms, defined.
For purposes of the Commercial Dog and Cat Operator Inspection Act:
(1) Animal control facility means a facility operated by the state or any political subdivision of the state for the purpose of impounding or harboring seized, stray, homeless, abandoned, or unwanted animals;
(2) Animal shelter means a facility used to house or contain dogs or cats and owned, operated, or maintained by an incorporated humane society, animal welfare society, society for the prevention of cruelty to animals, or other nonprofit organization devoted to the welfare, protection, and humane treatment of such animals;
(3) Boarding kennel means a facility which is primarily used to house or contain dogs or cats owned by persons other than the operator of such facility. The primary function of a boarding kennel is to temporarily harbor dogs or cats when the owner of the dogs or cats is unable to do so or to provide training, grooming, or other nonveterinary service for consideration before returning the dogs or cats to the owner. A facility which houses or contains thirty or less dogs or cats in a twelve-month period is not a boarding kennel. Veterinary clinics, animal control facilities, and nonprofit animal shelters are not boarding kennels for the purposes of the act;
(4) Cat means any animal which is wholly or in part of the species Felis domesticus;
(5) Commercial breeder means any person (a) engaged in the business of breeding dogs or cats and (b) who sells, exchanges, or leases dogs or cats in return for consideration or who offers to do so, whether or not the dogs or cats are bred, raised, trained, groomed, or boarded by such person. A person who owns or harbors three or less unaltered dogs or cats for breeding purposes which are at least six months of age shall not be a commercial breeder.
A person who sells, exchanges, or leases thirty or less dogs or cats in a twelve-month period shall not be a commercial breeder if all such dogs or cats are sold, exchanged, or leased to a final owner rather than for later retail sale or brokered trading. A person knowingly selling, exchanging, or leasing any dogs or cats for later retail sale or for brokered trading shall be classified as a commercial breeder;
(6) Dealer means any person who is not a commercial breeder or a pet shop but is engaged in the business of buying for resale or selling or exchanging dogs or cats as a principal or agent or who claims to be so engaged. A person who purchases, sells, exchanges, or leases thirty or less dogs or cats in a twelve-month period is not a dealer;
(7) Department means the Bureau of Animal Industry of the Department of Agriculture with the State Veterinarian in charge, subordinate only to the director;
(8) Director means the Director of Agriculture or his or her designated employee;
(9) Dog means any animal which is wholly or in part of the species Canis familiaris;
(10) Housing facility means any room, building, or areas used to contain a primary enclosure;
(11) Inspector means any person who is employed by the department and who is authorized to perform inspections pursuant to the act;
(12) Licensee means a person who has qualified for and received a license from the department pursuant to the act;
(13) Pet animal means an animal kept as a household pet for the purpose of companionship, which includes, but is not limited to, dogs, cats, birds, fish, rabbits, rodents, amphibians, and reptiles;
(14) Pet shop means a retail establishment which sells pet animals and related supplies;
(15) Primary enclosure means any structure used to immediately restrict a dog or cat to a limited amount of space, such as a room, pen, cage, or compartment;
(16) Secretary of Agriculture means the Secretary of Agriculture of the United States Department of Agriculture; and
(17) Unaltered means any male or female dog or cat which has not been neutered or spayed or otherwise rendered incapable of reproduction.
Source:
Laws 2000, LB
825, ? 2
Laws 2003, LB 233, ? 1
Laws 2003, LB 274, ? 2
Laws 2004, LB 1002, ? 1
Section
54-627
License requirements; fees; renewal.
(1) Beginning April 1, 2001, a person shall not operate as a commercial breeder, a dealer, or a boarding kennel and beginning October 1, 2003, a person shall not operate as an animal control facility or an animal shelter unless the person obtains the appropriate license as a commercial breeder, dealer, boarding kennel, animal control facility, or animal shelter. Beginning January 1, 2004, a person shall not operate as a pet shop unless the person obtains a license as a pet shop. A pet shop shall only be subject to the Commercial Dog and Cat Operator Inspection Act and the rules and regulations adopted and promulgated pursuant thereto in any area or areas of the establishment used for the keeping and selling of pet animals.
(2) An applicant for a license shall submit an application for the appropriate license to the department, on a form prescribed by the department, together with the annual license fee. Such fee is nonreturnable. Additionally, the department may conduct an inspection of the facilities and sanitation and confinement practices of the applicant or any other practices that may affect the humane treatment of pet animals. Upon receipt of the application and annual license fee, the appropriate license may be issued by the department. Such license shall not be transferable to another person or location.
(3) The annual license fee shall be according to a fee schedule prepared by the director. The fees shall be based upon the number of animals served by the licensee, and there shall be startup discounts for new licensees. The maximum annual license fee shall not exceed two hundred fifty dollars.
(4) A license to operate as a commercial breeder, a license to operate as a dealer, a license to operate as a boarding kennel, or a license to operate as a pet shop shall be renewed by filing with the department at least thirty days prior to April 1 of each year a renewal application and the annual license fee. A license to operate as an animal control facility or animal shelter shall be renewed by filing with the department at least thirty days prior to October 1 of each year a renewal application and the annual license fee. Failure to renew a license prior to the expiration of the license shall result in an additional fee of twenty dollars required upon application to renew such license.
Source:
Laws 2000, LB
825, � 3
Laws 2003, LB 233, � 2
Laws 2003, LB 274, � 3
Laws 2004, LB 1002, � 2
Laws 2006, LB 856, � 14.
~Revised
Statutes Cumulative Supplement, 2006
Section
54-628
Inspection program.
The department shall establish an inspection program for applicants and licensees to determine whether the standards of care of the Commercial Dog and Cat Operator Inspection Act are being met. When an inspection produces evidence of a violation of the act or the rules and regulations of the department, a copy of a written report of the inspection and violations shown thereon, prepared by the inspector, shall be given to the applicant or licensee, together with written notice to comply within the time limit established by the department and set out in such notice. The premises of the applicant or licensee shall be open for inspection. The department and any officer, agent, employee, or appointee of the department shall have the right to enter upon the premises of any person who has, or is suspected of having, any dog or cat thereon or any sanitation, housing, or other condition or practice that is in violation of the act.
Source:
Laws 2000, LB 825, ? 4
Section
54-629
Rules and regulations.
The department shall adopt and promulgate rules and regulations to carry out the Commercial Dog and Cat Operator Inspection Act. The rules and regulations may include, but are not limited to, provisions governing record-keeping and other requirements for persons required to have a license and any other matter deemed necessary by the department to carry out the act. The department shall use as a guideline 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 as set out in 9 C.F.R. 3.1 to 3.19.
Source:
Laws 2000, LB 825, ? 5
Section
54-630
Application; denial; appeal.
Before the department approves an application for an initial license, an inspector of the department may inspect the operation of the applicant to determine whether the applicant qualifies to hold a license pursuant to the Commercial Dog and Cat Operator Inspection Act. An applicant who qualifies shall be issued a license. An applicant who does not receive a license shall be afforded the opportunity for a hearing before the director or the director's designee to present evidence that the applicant is qualified to hold a license should a license be issued. All such hearings shall be in accordance with the Administrative Procedure Act.
Source:
Laws 2000, LB 825, ? 6
Cross References:
Administrative Procedure Act,see section 84-920.
Section
54-631
Licensee; duties; disciplinary actions.
(1) A licensee under the Commercial Dog and Cat Operator Inspection Act shall comply with the act, the rules and regulations, and any order of the director issued pursuant thereto. The licensee shall not interfere with the department in the performance of its duties.
(2) A licensee may be put on probation requiring such licensee to comply with the conditions set out in an order of probation issued by the director after:
(a) The director determines the licensee has not complied with subsection (1) of this section;
(b) The licensee is given written notice to comply and written notice of the right to a hearing to show cause why an order of probation should not be issued; and
(c) The director finds that issuing an order of probation is appropriate based on the hearing record or on the available information if the hearing is waived by the licensee.
(3) A license may be suspended after:
(a) The director determines the licensee has not complied with subsection (1) of this section;
(b) The licensee is given written notice to comply and written notice of the right to a hearing to show cause why the license should not be suspended; and
(c) The director finds that issuing an order suspending the license is appropriate based on the hearing record or on the available information if the hearing is waived by the licensee.
(4) A license may be immediately suspended and the director may order the operation of the licensee closed prior to hearing when:
(a) The director determines that there is a significant threat to the health or safety of the dogs or cats harbored or owned by the licensee; and
(b) The licensee receives written notice to comply and written notice of the right to a hearing to show cause why the suspension should not be sustained. Within fifteen days after the suspension, the licensee may request in writing a date for a hearing, and the director shall consider the interests of the licensee when the director establishes the date and time of the hearing, except that no hearing shall be held sooner than is reasonable under the circumstances. When a licensee does not request a hearing date within the fifteen-day period, the director shall establish a hearing date and notify the licensee of the date and time of such hearing.
(5) A license may be revoked after:
(a) The director determines the licensee has committed serious, repeated, or multiple violations of any of the requirements of subsection (1) of this section;
(b) The licensee is given written notice to comply and written notice of the right to a hearing to show cause why the license should not be revoked; and
(c) The director finds that issuing an order revoking the license is appropriate based on the hearing record or on the available information if the hearing is waived by the licensee.
(6) The operation of any licensee which has been suspended shall close and remain closed until the license is reinstated. Any operation for which the license has been revoked shall close and remain closed until a new license is issued.
(7) The director may terminate proceedings to suspend or revoke a license or subject a licensee to an order of probation at any time if the reasons for such proceedings no longer exist. A license which has been suspended may be reinstated, a person with a revoked license may be issued a new license, or a licensee may no longer be subject to an order of probation if the director determines the conditions which prompted the suspension, revocation, or probation no longer exist.
(8) Proceedings for suspension, revocation, or probation shall not preclude the department from seeking other civil or criminal actions.
Source:
Laws 2000, LB 825, ? 7
Section
54-632
Notice or order; service requirements; hearing; appeal.
(1) Any notice or order provided for in the Commercial Dog and Cat Operator Inspection Act shall be properly served when it is personally served on the licensee or on the person authorized by the licensee to receive notices and orders of the department or when it is sent by certified or registered mail, return receipt requested, to the last-known address of the licensee or the person authorized by the licensee to receive such notices and orders. A copy of the notice and the order shall be filed in the records of the department.
(2) A notice to comply with the conditions set out in the order of the director provided in section 54-631 shall set forth the acts or omissions with which the licensee is charged.
(3) A notice of the licensee's right to a hearing provided for in sections 54-630 and 54-631 shall set forth the time and place of the hearing except as otherwise provided in section 54-631. A notice of the licensee's right to such hearing shall include notice that such right to a hearing may be waived pursuant to subsection (5) of this section. A notice of the licensee's right to a hearing to show cause why the license shall not be revoked shall include notice to the licensee that the license may be revoked or suspended, that the licensee may be subject to an order of probation, or that the license may be suspended and the licensee subject to an order of probation, if the director determines such action is more appropriate. A notice of the licensee's right to a hearing to show cause why the license should not be suspended shall include notice to the licensee that the license may be suspended or that the licensee may also be subject to an order of probation if the director determines such action is more appropriate.
(4) The hearings provided for in the act shall be conducted by the director at the time and place he or she designates. The director shall make a final finding based on the complete hearing record and issue an order. If the director has suspended a license pursuant to subsection (4) of section 54-631, the director shall sustain, modify, or rescind the order after the hearing. All hearings shall be in accordance with the Administrative Procedure Act.
(5) A licensee waives the right to a hearing if such licensee does not attend the hearing at the time and place set forth in the notice described in subsection (3) of this section, without requesting the director at least two days before the designated time to change the time and place for the hearing, except that before an order of the director becomes final, the director may designate a different time and place for the hearing if the licensee shows the director that the licensee had a justifiable reason for not attending the hearing and not timely requesting a change of the time and place for such hearing. If the licensee waives the right to a hearing, the director shall make a final finding based upon the available information and issue an order. If the director has suspended a license pursuant to subsection (4) of section 54-631, the director may sustain, modify, or rescind the order after the hearing.
(6) Any person aggrieved by the finding of the director has ten days after the entry of the director's order to request a new hearing if such person can show that a mistake of fact has been made which affected the director's determination. Any order of the director becomes final upon the expiration of ten days after its entry if no request for a new hearing is made.
Source:
Laws 2000, LB 825, ? 8
Cross References:
Administrative Procedure Act,see section 84-920.
Section
54-633
Enforcement powers.
(1) In order to ensure compliance with the Commercial Dog and Cat Operator Inspection Act, the department may apply for a restraining order, temporary or permanent injunction, or mandatory injunction against any person violating or threatening to violate the act, the rules and regulations, or any order of the director issued pursuant thereto. The district court of the county where the violation is occurring or is about to occur shall have jurisdiction to grant relief upon good cause shown. Relief may be granted notwithstanding the existence of any other remedy at law and shall be granted without bond.
The county attorney of the county in which such violations are occurring or about to occur shall, when notified of such violation or threatened violation, cause appropriate proceedings under this section to be instituted and pursued without delay.
(2) If alleged violations of the Commercial Dog and Cat Operator Inspection Act, the rules and regulations, or an order of the director or an offense against animals observed by an inspector in the course of performing an inspection under the act poses a significant threat to the health or safety of the dogs or cats harbored or owned by an applicant or licensee, the department may direct an inspector to impound the dogs or cats pursuant to sections 28-1011 and 28-1012 or may request any other law enforcement officer as defined in section 28-1008 to impound the dogs or cats pursuant to sections 28-1011 and 28-1012. The department shall cooperate and coordinate with law enforcement agencies, political subdivisions, animal shelters, humane societies, and other appropriate entities, public or private, to provide for the care, shelter, and disposition of animals impounded by the department pursuant to this section.
Source:
Laws 2000, LB
825, � 9
Laws 2006, LB 856, � 15.
~Revised
Statutes Cumulative Supplement, 2006
Section
54-634
Violation; penalty.
(1) It is unlawful for a person to operate without a valid license or operate while a license is revoked or suspended if a license is required by the Commercial Dog and Cat Operator Inspection Act. A licensee shall not operate in any manner which is not in conformity with the act or the rules and regulations adopted and promulgated pursuant thereto or interfere with the duties of the department or any final order of the director pursuant to the act.
(2) Any person who violates any provision of the act is guilty of a Class I misdemeanor.
Source:
Laws 2000, LB 825, ? 10
Section
54-635
Commercial Dog and Cat Operator Inspection Program Cash Fund; created; use;
investment.
The Commercial Dog and Cat Operator Inspection Program Cash Fund is created and shall consist of money appropriated by the Legislature, gifts, grants, costs, or charges from any source, including federal, state, public, and private sources. The money shall be used to carry out the Commercial Dog and Cat Operator Inspection Act. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.
Source:
Laws 2000, LB 825, ? 11
Cross References:
Nebraska Capital
Expansion Act,see section 72-1269.
Nebraska State Funds Investment Act,see section 72-1260.
Section
54-636
Department; enforcement powers.
The department may cooperate with the Secretary of Agriculture in carrying out applicable federal law and the regulations issued by the Secretary of Agriculture under such law. The department may enter into contracts with any person to implement any or all of the provisions of the Commercial Dog and Cat Operator Inspection Act.
Source:
Laws 2000, LB 825, ? 12
Section
54-637
Information on spaying and neutering; requirements.
(1) Every dealer, commercial breeder, animal shelter, animal control facility, or pet shop or any other retailer, who transfers ownership of a dog or cat to an ultimate consumer, shall deliver to the ultimate consumer of each dog or cat at the time of sale, written material, in a form determined by such seller, containing information on the benefits of spaying and neutering. The written material shall include recommendations on establishing a relationship with a veterinarian, information on early-age spaying and neutering, the health benefits associated with spaying and neutering pets, the importance of minimizing the risk of homeless or unwanted animals, and the need to comply with applicable license laws.
(2) The delivering of any model materials prepared by the Pet Industry Joint Advisory Council or the Nebraska Humane Society shall satisfy the requirements of subsection (1) of this section.
Source:
Laws 2003, LB 274, ? 4
Section
54-638
Provision for spaying or neutering; when.
Provision shall be made for spaying or neutering all dogs and cats released for adoption or purchase from any public or private animal shelter or animal control facility operated by a humane society, a county, a city, or another political subdivision. Such provision may be made by:
(1) Causing the dog or cat to be spayed or neutered by a licensed veterinarian before releasing the dog or cat for adoption or purchase; or
(2) Entering into a written agreement with the adopter or purchaser of the dog or cat, guaranteeing that spaying or neutering will be performed by a licensed veterinarian in compliance with an agreement which shall contain the following information:
(a) The date of the agreement;
(b) The name, address, and signature of the releasing entity and the adopter or purchaser;
(c) A description of the dog or cat to be adopted or purchased;
(d) A statement, in conspicuous bold print, that spaying or neutering of the dog or cat is required pursuant to this section; and
(e) The date by which the spaying or neutering will be completed, which date shall be (i) in the case of an adult dog or cat, the thirtieth day after the date of adoption or purchase or (ii) in the case of a pup or kitten, either (A) the thirtieth day after a specified date estimated to be the date the pup or kitten will reach six months of age or (B) if the releasing entity has a written policy recommending spaying or neutering of certain pups or kittens at an earlier date, the thirtieth day after such date.
Source:
Laws 2003, LB 274, ? 5
Section
54-639
Adopter or purchaser; agreement; requirements.
An adopter or purchaser who signs an agreement under section 54-638 shall cause the adopted or purchased dog or cat to be spayed or neutered on or before the date stated in the agreement. If such date falls on a Saturday, Sunday, or legal holiday, the date may be extended to the first business day following such date. The releasing entity may extend the date for thirty days upon presentation of a letter or telephone report from a licensed veterinarian, stating that the life or health of the adopted or purchased dog or cat would be jeopardized by spaying or neutering, and such extensions may continue to be granted until such veterinarian determines that spaying or neutering would no longer jeopardize the life or health of the adopted or purchased dog or cat.
Source:
Laws 2003, LB 274, ? 6
Section
54-640
Commercial breeder; duties.
A commercial breeder shall:
(1) Maintain housing facilities and primary enclosures in a sanitary condition;
(2) Enable all dogs and cats to remain dry and clean;
(3) Provide shelter and protection from extreme temperatures and weather conditions that may be uncomfortable or hazardous to the dogs and cats;
(4) Provide sufficient shade to shelter all the dogs and cats housed in the primary enclosure at one time;
(5) Provide dogs and cats with easy and convenient access to adequate amounts of clean food and water;
(6) Provide adequate space appropriate to the age, size, weight, and breed of dog or cat. For purposes of this subdivision, adequate space means sufficient space to allow each dog and cat to turn about freely, to stand, sit, and lie in a comfortable, normal position, and to walk in a normal manner without the head of such animal touching the top of the cage which shall be at least six inches above the head of the tallest animal when the animal is standing;
(7) Provide dogs with adequate socialization and exercise. For the purpose of this subdivision, adequate socialization means physical contact with other dogs and with human beings, other than being fed, and adequate exercise means providing the opportunity for exercise at least two times per day outside of a cage or similar small enclosure except during inclement weather that may be hazardous to dogs;
(8) Assure that a handler's hands are washed before and after handling each infectious or contagious dog or cat; and
(9) Provide veterinary care without delay when necessary.
Source:
Laws 2003, LB 274, ? 7
Section
54-641
Licensees; primary enclosures; requirements.
The primary enclosures of all licensees shall meet the following requirements:
(1) A primary enclosure shall have floors that are constructed in a manner that protects the dogs' and cats' feet and legs from injury and that, if of mesh or slatted construction, do not allow the dogs' and cats' feet to pass through any openings in the floor;
(2) If a primary enclosure has a suspended floor constructed of metal strands, the strands shall either be greater than one-eighth of an inch in diameter (nine gauge) or coated with a material such as plastic or fiberglass; and
(3) The suspended floor of any primary enclosure shall be strong enough so that the floor does not sag or bend between the structural supports.
Source:
Laws 2003, LB 274, ? 8