Protecting the integrity of brand inspection in Nebraska

by: Sen. Teresa Ibach - Mar. 19, 2025

One of the main foundations of the success of Nebraska agriculture is a strong cattle industry. After

all, we are the Beef State. In 2023, Nebraska's top commodity in terms of value was cattle.

As a fifth generation farmer who runs two operations, a cow/calf and row-crop family farm in rural Dawson County, I know that when agriculture does well, Nebraska does well.

This year, I introduced LB 646 in the Nebraska Legislature. After countless hours of discussions with stakeholders, I believe we have a solution that will ensure the future success of the Nebraska Brand Committee and retain the integrity of the program.

LB 646, as amended, does not eliminate the Brand Committee, does not eliminate the Brand Inspection Area, and does not eliminate inspections where cattle are most commonly sold -- auction houses.

Following the hearing for LB 646 in the Agriculture Committee, I worked with the Nebraska Cattlemen, the Nebraska Farm Bureau, members of the Nebraska Brand Committee, as well as numerous farmers and ranchers that represent all segments of our beef industry. I believe the amendment addresses legitimate concerns raised by the testifiers and others.

What LB 646 does, as amended, is minimal. It provides for cattle transferred to the care of another

individual without actual transfer of ownership to not be subject to inspection if proof of temporary

possession is provided. There are several ways currently in brand statute to provide for such proof.

This benefits our cattle industry in that cow/calf producers will not be subject to brand inspection if

there is no change of ownership when moving cattle.

The amendment also allows certain fees to be increased to bring Nebraska more in line with neighboring states. This was at the request of the Nebraska Brand Committee, because the committee is facing severe financial strain and will be in debt in FY26-27. LB 646 allows for the Nebraska Brand Committee to remain solvent and operational.

There are minimal changes to brand inspection for the feedlot industry. As amended, LB 646 creates the EFL (Exempt Feed Lot) classification. An EFL must be permanently fenced, must commonly feed cattle to finish for slaughter, and all cattle at the EFL must be separated by ownership -- all practices currently in statute.

EFLs will be required to maintain records of ownership, as currently required. Forms of ownership will include brand inspection into a feedlot or other proof of ownership for cattle coming from out of the brand inspection area, or records proving retained ownership within the brand boundaries.

An EFL is still subject to audits if there is belief of probable/reasonable cause that the EFL is in violation

of the Brand Act. This means the EFL would still have to maintain records of ownership, as is required

of them currently, and shall be required to prove ownership of cattle if/when an audit occurs.

Access to the feedlot and to records will continue to be required for investigators who follow up on reports of stolen cattle.

I would like to thank all the stakeholders who have engaged with my office over the last few weeks in order to make LB 646 a better bill that benefits the cattle industry as a whole, which in turn, benefits all of Nebraska.