Nebraska legislature debates proposed changes to brand inspection law
A new bill proposing significant changes to brand inspection law in Nebraska is currently up for debate, threatening the future of the Nebraska Brand Committee and making waves across the state.
Legislative Bill (LB) 1258, introduced by State Sen. Ben Hansen of Blair, Neb. seeks to eliminate mandatory brand inspections in favor of a voluntary system, abolish the Nebraska Brand Committee as a standalone agency and transfer its duties to the Nebraska Department of Agriculture.
The proposed legislation has been met with widespread apprehension from ranchers and lawmakers alike, with critics citing concerns over theft and mismanagement in a time where the cattle market is reaching record highs.
Legislation proposed
Hansen’s proposal would change the name of the Livestock Brand Act to the Livestock Protection Act and remove mandatory brand inspection requirements, according to the bill summary.
The legislation would also eliminate the Nebraska Brand Committee and establish a Division of Brand Registration, Brand Inspection and Livestock Theft Investigation within the Nebraska Department of Agriculture. If enacted, changes would take effect on Jan. 1, 2027.
Current Nebraska law requires cattle owners in the western two-thirds of the state to comply with mandatory brand inspections overseen by the Nebraska Brand Committee, which are meant to safeguard against cattle theft.
“The Nebraska Brand Committee is responsible for investigating cattle theft and verifying ownership through brand inspection when cattle are bought, sold or moved within or beyond the branding zone or area set in state law,” explains Nebraska Examiner Reporter Juan Salinas II in a Jan. 26 article.
Nebraska’s current policy mirrors Wyoming law – which requires statewide brand inspections for livestock changing ownership or moving across county or state lines – while the changes proposed in LB1258 were modeled after Kansas’ voluntary inspection system.
Senators respond
State Sen. Tanya Storer is a rancher from Cherry County, Nebraska – the top beef cow-producing county in the U.S. – who is firmly opposed to LB1258.
According to a Jan. 23 Rural Radio Network (RRN) article, Storer says the legislators who drafted the bill are non-ranchers who “don’t understand the cattle business,” arguing the bill’s language threatens rural cattle producers by weakening measures which have protected proof of ownership for decades.
“They’re not in the cattle business. They don’t understand the cattle business, but they’re willing to take a sledgehammer and try to destroy a system of proof of inspection,” Storer tells RRN. “It’s about proof of ownership and proof of inspection – keeping the integrity of a very valuable asset in the state of Nebraska in place.”
Storer also tells RRN she believes there is room for modernization regarding brand law, but reiterates she does not view LB1258 or eliminating the Nebraska Brand Committee as the solution.
“We have to remain open minded to making changes reflecting the changes in our industry,” Storer says. “But anything that degrades or erodes the basic provision for proof of ownership is not acceptable.”
State Sen. Teresa Ibach of Sumner, Neb. also hails from a ranching background and has introduced her own legislation regarding brand policy.
Ibach is in support of shifting duties from the Nebraska Brand Committee to the Department of Agriculture in light of ongoing financial struggles faced by the brand committee, according to RRN.
“The value of the brand is still very relevant, but I do think we will have to come up with a solution,” Ibach tells RRN.
Ibach emphasizes she is skeptical about whether the current brand inspection system can remain financially sustainable without significant reform.
Further, Ibach tells RRN she believes the state already oversees many aspects of brand inspection and is capable of assuming more with proper guidance.
The Nebraska Brand Committee is currently headquartered in the western panhandle of Nebraska, where current mandatory brand inspection laws apply and would likely continue to be requested under the proposed voluntary system.
Opponents of the change argue consolidating duties under the state department of agriculture and basing operations out of eastern Nebraska would be costly and impractical.
RRN notes, concerns over whether the culture and enforcement strength of brand inspection can survive inside a larger state agency have been raised by critics of LB1258, along with additional questions.
Industry reacts
While the debate unfolds on the legislative floor, ranchers and other cattle industry leaders have expressed their opinions online.
On Feb. 2, Nebraska Farm Bureau (NFB) President Mark McHargue issued a statement emphasizing NFB’s support for the Nebraska Brand Committee and firmly opposing the proposed legislation.
Citing a “volume of questions” NFB has received from members regarding the legislation, McHargue emphasizes “NFB is opposed and will actively work to stop any effort to implement a statewide voluntary brand inspection system.”
“NFB continues to be a strong supporter of the work of the Nebraska Brand Committee, including its important role in mitigating cattle theft in our state,” says McHargue. “While we have been open to discussions centered around modernization to ensure the current fee system is equitable for program participants, our members have made it clear they are not supportive of changes which would effectively end the mandatory brand inspection program as it exists today in favor of a voluntary statewide system, as proposed in LB1258.”
In addition, a widespread social media response from Nebraska ranchers has reflected a shared sentiment of disapproval, with comments citing concerns about cattle theft and raising questions about identification should the changes take effect.
Grace Skavdahl is the editor of the Wyoming Livestock Roundup. Send comments on this article to roundup@wylr.net.
