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LEGISLATIVE BILL 572
Approved by the Governor May 25, 2021
Introduced by Halloran, 33.
A BILL FOR AN ACT relating to livestock; to amend sections 54-173, 54-176,
54-182, 54-199, 54-1,101, 54-1,102, 54-1,112, 54-1,113, 54-1,114, and
54-1,116, Reissue Revised Statutes of Nebraska, and sections 54-170,
54-171, 54-172, 54-179, 54-189, 54-191, 54-198, 54-1,108, 54-1,110,
54-1,111, 54-1,115, 54-1,120, 54-1,122, 54-1,128, and 54-415, Revised Statutes Cumulative Supplement, 2020; to define and redefine terms; to change provisions relating to the Nebraska Brand Committee, brand requirements, and brand inspections; to provide and change fees; to provide penalties; to harmonize provisions; and to repeal the original sections.
Be it enacted by the people of the State of Nebraska,
Section 1. Section 54-170, Revised Statutes Cumulative Supplement, 2020,
is amended to read:
54-170 Sections 54-170 to 54-1,131 and sections 3, 4, 5, 6, 7, 8, 9, and
31 of this act shall be known and may be cited as the Livestock Brand Act.
Sec. 2. Section 54-171, Revised Statutes Cumulative Supplement, 2020, is amended to read:
54-171 For purposes of the Livestock Brand Act, the definitions found in
sections 54-172 to 54-190 and sections 3, 4, 5, 6, 7, 8, and 9 of this act shall be used.
Sec. 3. Approved nonvisual identifier means a nonvisual method of
livestock identification approved by the Nebraska Brand Committee such as an electronic device, a nose print, a retinal scan, a DNA match, or any other such nonvisual method of livestock identification.
Sec. 4. Certified bill of sale means a document generated by the Nebraska Brand Committee from information provided electronically by a qualified dairy when selling calves under thirty days of age for beef production purposes. Such information shall include the name and physical address of the seller, the name and physical address of the purchaser, the number of head being sold, a physical description of the calves including date of birth, the color and sex,
any identifiers such as metal tags or dangle tags, and any brands and their location, the date of the transfer of ownership, and if the assessment imposed pursuant to the federal Beef Promotion and Research Order, 7 C.F.R. part 1260,
has been collected.
Sec. 5. Certified transportation permit means a document generated by the Nebraska Brand Committee from information provided electronically by a qualified dairy when moving calves under thirty days of age out of the inspection area for beef production purposes. Such information shall include the name and physical address of the owner, the number of head being transported, a physical description of the calves including the date of birth,
the color and sex, any identifiers such as metal tags or dangle tags, and any brands and their location, and the actual or intended date of transport.
Sec. 6. Electronic inspection means a method of performing inspections of
livestock enrolled with the Nebraska Brand Committee utilizing approved nonvisual identifier means of identification.
Sec. 7. Enrollment means the registration of livestock identified by
nonvisual identifier means of livestock identification approved by the Nebraska Brand Committee and which occurs electronically and uses only those approved identifiers for evidence of ownership.
Sec. 8. Physical inspection means an inspection for purposes of the Livestock Brand Act performed by an employee of the Nebraska Brand Committee physically present at the location of the inspected animals to verify ownership through visual observation of brands or other distinguishing markings and physical characteristics of the livestock and examination of any associated documentary or other evidence of ownership.
Sec. 9. Qualified dairy means a milk production facility with a Grade A
milk producer permit or a manufacturing grade milk producer permit pursuant to
section 2-3968.
Sec. 10. Section 54-172, Revised Statutes Cumulative Supplement, 2020, is amended to read:
54-172 Bill of sale means a formal instrument for the conveyance or
transfer of title to livestock or other goods and chattels. The bill of sale shall state the purchaser's name and address, the date of transfer, the guarantee of title, the number of livestock transferred, the sex of such livestock, the brand or brands, the location of the brand or brands or a statement to the effect that the animal is unbranded, any approved nonvisual identifiers, and the name and address of the seller. The signature of the seller shall be attested by at least one witness or acknowledged by a notary public or by some other officer authorized by state law to take acknowledgments. For any conveyance or transfer of title to cattle subject to
assessment imposed pursuant to the federal Beef Promotion and Research Order, 7
C.F.R. part 1260, for which the purchaser is the collecting person pursuant to
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7 C.F.R. 1260.311 for purposes of collecting and remitting such assessment, the bill of sale shall include a notation of the amount the purchaser collected from the seller or deducted from the sale proceeds for the assessment. A
properly executed bill of sale means a bill of sale that is provided by the seller and received by the purchaser.
Sec. 11. Section 54-173, Reissue Revised Statutes of Nebraska, is amended to read:
54-173 Brand clearance means the documentary evidence of ownership that is
issued and signed by a brand inspector and given to persons who have legally purchased cattle at a livestock auction or sale where a brand inspection service is provided. The brand clearance shall give the name and address of
sale or auction where issued, the name of purchaser, the number and sex of
cattle, any the brands, if any, and the location of any brands on the cattle,
and any approved nonvisual identifiers.
Sec. 12. Section 54-176, Reissue Revised Statutes of Nebraska, is amended to read:
54-176 Brand inspector means a person employed by the Nebraska Brand Committee, or some other brand inspection agency, inside or outside of the State of Nebraska, for the purpose of identifying brands, marks, or other identifying characteristics of livestock or approved nonvisual identifiers to
determine the existence of such brands, marks, or identifying characteristics or identifiers and from such determinations attempt to establish correct and true ownership of such livestock, and generally carry out the provisions and enforcement of all laws pertaining to brands, brand inspection, physical inspection, electronic inspection, and associated livestock laws.
Sec. 13. Section 54-179, Revised Statutes Cumulative Supplement, 2020, is amended to read:
54-179 Certificate of inspection means the official document issued and signed by a brand inspector authorizing (1) movement of livestock from a point of origin within the brand inspection area to a destination either inside or
outside of the brand inspection area or outside of this state, (2) slaughter of
livestock as specified on such certificate, or (3) the change of ownership of
livestock as specified on such certificate. A certificate of inspection shall designate, as needed, the name of the shipper, consignor, or seller of the livestock, the purchaser or consignee of the livestock, the destination of the livestock, the vehicle license number or carrier number, the miles driven by an inspector to perform inspection, the amount of inspection fees collected, the number and sex of the livestock to be moved or slaughtered, any the brands, if any, on the livestock, any approved nonvisual identifiers, and the brand owner.
A certificate of inspection shall be construed and is intended to be documentary evidence of ownership on all livestock covered by such document.
Sec. 14. Section 54-182, Reissue Revised Statutes of Nebraska, is amended to read:
54-182 Investigator means an employee of the Nebraska Brand Committee who is also a deputy state sheriff and has the duty, responsibility, and authority to enforce all state statutes pertaining to brands, brand inspection, physical inspection, electronic inspection, and associated livestock laws. An investigator is also responsible for the investigation of all problems associated with brands, brand inspection, and associated livestock enforcement problems.
Sec. 15. Section 54-189, Revised Statutes Cumulative Supplement, 2020, is amended to read:
54-189 Satisfactory evidence of ownership consists of the brands, tattoos,
or marks on the livestock; approved nonvisual identifiers; point of origin of
livestock; the physical description of the livestock; the documentary evidence,
such as bills of sale, brand clearance, certificates of inspection, breed registration certificates, animal health or testing certificates, genomic testing certificates, recorded brand certificates, purchase sheets, scale tickets, disclaimers of interest, affidavits, court orders, security agreements, powers of attorney, canceled checks, bills of lading, or tags; and such other facts, statements, or circumstances that taken in whole or in part cause an inspector to believe that proof of ownership is established.
Sec. 16. Section 54-191, Revised Statutes Cumulative Supplement, 2020, is amended to read:
54-191 (1) The Nebraska Brand Committee is hereby created. Beginning August 28, 2007, the brand committee shall consist of five members appointed by
the Governor, subject to confirmation by the Legislature. At least three appointed members shall be active cattlepersons and at least one appointed member shall be an active cattle feeder. The Secretary of State and the Director of Agriculture, or their designees, shall be nonvoting, ex officio members of the brand committee. The appointed members shall be owners of cattle within the brand inspection area, shall reside within the brand inspection area, shall be owners of Nebraska-recorded brands, and shall be persons whose principal business and occupation is the raising or feeding of cattle within the brand inspection area.
(2) The members of the brand committee shall elect a chairperson and vice-
chairperson from among its appointed members during the first meeting held after September 1 each calendar year. A member may be reelected to serve as
chairperson or vice-chairperson.
(3) The terms of the members shall be four-year, staggered terms,
beginning on August 28 of the year of initial appointment or reappointment and concluding on August 27 of the year of expiration. At the expiration of the term of an appointed member, the Governor shall appoint a successor, subject to
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confirmation by the Legislature. If there is a vacancy on the brand committee,
the Governor shall fill such vacancy by appointing a member to serve during the unexpired term of the member whose office has become vacant. Any appointment to
fill a vacancy shall be subject to confirmation by the Legislature.
(4) The action of a majority of the members shall be deemed the action of
the brand committee. No appointed member shall hold any elective or appointive state or federal office while serving as a member of the brand committee. Each member and each brand committee employee who collects or who is the custodian of any funds shall be bonded or insured as required under section 11-201. The appointed members of the brand committee shall be reimbursed for expenses in
attending meetings of the brand committee or in performing any other duties that are prescribed in the Livestock Brand Act or section 54-415, as provided for in sections 81-1174 to 81-1177.
The purpose of the Nebraska Brand Committee is to protect Nebraska brand and livestock owners from the theft of livestock through established brand recording, brand inspection, and livestock theft investigation.
Sec. 17. Section 54-198, Revised Statutes Cumulative Supplement, 2020, is amended to read:
54-198 (1) Any person may record a brand, which he or she has the exclusive right to use in this state, and it is unlawful to use any brand for branding any livestock unless the person using such brand has recorded that brand with the Nebraska Brand Committee. A brand is a mark consisting of
symbols, characters, numerals, or a combination of such intended as a visual means of ownership identification when applied to the hide of an animal or
another method of livestock identification approved by rule and regulation of
the brand committee, including an electronic device used for livestock identification. Only a hot iron or freeze brand or other method approved by the brand committee shall be used to apply a brand to a live animal.
(2) A hot iron brand or freeze brand may be used for in-herd identification purposes such as for year or production records. With respect to
hot iron brands used for in-herd identification, the numerals 0, 1, 2, 3, 4, 5,
6, 7, 8, and 9 in singular or triangular position are reserved on both the right and left shoulder of all cattle, except that such shoulder location for a single-number hot iron brand may be used for year branding for in-herd identification purposes, and an alphabetical letter may be substituted for one of the numerals used in a triangular configuration for in-herd identification purposes. Hot iron brands used for in-herd identification shall be used in
conjunction with the recorded hot iron brand and shall be on the same side of
the animal as the recorded hot iron brand. Freeze branding for in-herd identification may be applied in any location and any configuration with any combination of numerals or alphabetical letters.
(3) It shall be unlawful to knowingly maintain a herd containing one or
more animals which the possessor has branded, or caused to be branded, in violation of this section or any other provision of the Livestock Brand Act.
Sec. 18. Section 54-199, Reissue Revised Statutes of Nebraska, is amended to read:
54-199 (1) To record a brand, a person shall forward to the Nebraska Brand Committee a facsimile or description of the brand desired to be recorded, a written application, and a recording fee and research fee established by the brand committee. Such recording fee may vary according to the number of
locations and methods of brand requested but shall not be more than one hundred fifty dollars per application. Such research fee shall be charged on all applications and shall not be more than fifty dollars per application.
(2) For recording of visual brands, upon receipt of a facsimile of the brand, an application, and the required fee, the brand committee shall determine compliance with the following requirements:
(a) The brand shall be an identification mark that is applied to the hide of a live animal by hot iron branding or by either hot iron branding or freeze branding. The brand shall be on either side of the animal in any one of three locations, the shoulder, ribs, or hip;
(b) The brand is not recorded under the name of any other person and does not conflict with or closely resemble a prior recorded brand;
(c) The brand application specifies the left or right side of the animal and the location on that side of the animal where the brand is to be placed;
(d) The brand is not recorded as a trade name nor as the name of any profit or nonprofit corporation, unless such trade name or corporation is of record, in current good standing, with the Secretary of State; and
(e) The brand is, in the judgment of the brand committee, legible,
adequate, and of such a nature that the brand when applied can be properly read and identified by employees of the brand committee.
(3) All visual brands shall be recorded as a hot iron brand only unless a co-recording as a freeze brand or other approved method of branding is
requested by the applicant. The brand committee shall approve co-recording a brand as a freeze brand unless the brand would not be distinguishable from in-
herd identification applied by freeze branding.
(4) The brand committee may, by rule and regulation, provide for the recording and use of brands by electronic device or other nonvisual method of
livestock identification. Any such method of livestock identification shall be
approved as a brand only if it functions as a means of identifying ownership of
livestock so branded that is equal to, or superior to, visual methods of
livestock branding. Before approving any nonvisual method of branding, the brand committee shall consider the degree to which such method may be
susceptible to error, failure, or fraudulent alteration. Any rule or regulation
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shall be adopted only after public hearing conducted in compliance with the Administrative Procedure Act.
(4) (5) If the facsimile, the description, or the application does not comply with the requirements of this section, the brand committee shall not record such brand as requested but shall return the recording fee to the forwarding person. The power of examination and rejection is vested in the brand committee, and if the brand committee determines that the application for
a visual brand falls within the category set out in subdivision (2)(e) of this section, it shall decide whether or not a recorded brand shall be issued. The brand committee shall make such examination as promptly as possible. If the brand is recorded, the ownership vests from the date of filing of the application.
(5) The brand committee may by rule and regulation provide for the use of
approved nonvisual identifiers for purposes of enrolling cattle identified by
such method of livestock identification. Such method of livestock identification shall be approved only if it functions as satisfactory evidence of ownership for the purpose of enrollment of cattle and for electronic inspection authorized under section 54-1,108. Before approving any nonvisual identifier, the brand committee shall consider the degree to which such method may be susceptible to error, failure, or fraudulent alteration. Any rule or
regulation shall be adopted and promulgated only after public hearing conducted in compliance with the Administrative Procedure Act.
Sec. 19. Section 54-1,101, Reissue Revised Statutes of Nebraska, is amended to read:
54-1,101 The owner of a recorded brand is entitled to one certified copy of the record of s