Sections; exemptions.

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28-1013. Sections; exemptions.

Sections 28-1008 to 28-1017 and 28-1019 shall not apply to:

(1) Care or treatment of an animal or other conduct by a veterinarian or veterinary technician licensed under the Veterinary Medicine and Surgery Practice Act that occurs within the scope of his or her employment, that occurs while acting in his or her professional capacity, or that conforms to commonly accepted veterinary practices;

(2) Commonly accepted care or treatment of a police animal by a law enforcement officer in the normal course of his or her duties;

(3) Research activity carried on by any research facility currently meeting the standards of the federal Animal Welfare Act, 7 U.S.C. 2131 et seq., as such act existed on January 1, 2010;

(4) Commonly accepted practices of hunting, fishing, or trapping;

(5) Humane killing of an animal by the owner or by his or her agent or a veterinarian upon the owner's request;

(6) Use of reasonable force against an animal, other than a police animal, which is working, including killing, capture, or restraint, if the animal is outside the owned or rented property of its owner or custodian and is injuring or posing an immediate threat to any person or other animal;

(7) Killing of house or garden pests; and

(8) Commonly accepted animal training practices.

Source

  • Laws 1990, LB 50, § 6;
  • Laws 1995, LB 283, § 4;
  • Laws 2003, LB 273, § 6;
  • Laws 2007, LB463, § 1127;
  • Laws 2008, LB764, § 5;
  • Laws 2008, LB1055, § 4;
  • Laws 2009, LB494, § 2;
  • Laws 2010, LB865, § 14;
  • Laws 2015, LB360, § 6.

Cross References

  • Veterinary Medicine and Surgery Practice Act, see section 38-3301.


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