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Under brand inspection bill amendment feedyards, growyards could be exempt from brand inspection

The Nebraska Agriculture Committee recently discussed an amendment to LB 646, the bill to exempt feedlots from the brand inspection law.

 Sen. Teresa Ibach, R-Dist. 44, a rancher whose husband was appointed to serve the state as the director of agriculture in 2005, introduced LB 646 which would eliminate the brand inspection requirement for feedlots.

The proposed amendment would give feedlots the opportunity to apply for “exempt” status. If approved for this status, they would need to keep cattle inventory records. Any growyards owned by those exempt feedlots would also be exempt from brand inspection requirements.



Upon probable cause that the exempt feedlot has violated the brand law or is about to violate the brand law, the feedlot may be subject to an audit and/or inspection; the feedlot may be required to show purchase records or inspection certificates; the feedlot may be subject to a spot-check brand inspection.

The Nebraska Cattlemen testified to their opposition to the original bill.



Matthew Melchor, speaking on behalf of the organization, said that the group will not support the bill with the current proposed amendments. Ibach recently shared with NC an amendment to the amendment, but as of press time, the group hadn’t had the time to review. It is possible that the NC would change its position on the bill if the new amendments are friendly enough. If this requires a change in NC policy, it will have to wait until April when the board will meet.

Melchor said his group has been in communication with Senator Ibach multiple times on this issue and has offered suggestions and they appreciate her working with them.

TRACEABILITY CONCERNS

The Nebraska Cattlemen is concerned about traceability.

Current law states there must be satisfactory evidence of ownership and Nebraska Cattlemen expects that will be addressed. “If feedlots were going to be exempt from brand inspection, especially with growyards included the language, they would need to show satisfactory proof of ownership which could include health certificates and other paperwork included in current proof of ownership statute. We would support an audit system to verify traceabilty and recordkeeping of those animals,” he said.

Former Sen. Al Davis, speaking for the Independent Cattlemen of Nebraska, said his organization strongly opposes the bill, with or without the amendment. They believe exempting feedlots from the brand inspection requirement weakens the integrity of the program and puts a larger financial burden on those still paying the brand inspection fee — the producers.

Davis said that he and his organization believe the brand inspection fee is worthwhile and it is a small price to pay to keep theft to a minimum. “It keeps people honest,” he said.

Under current law, registered feedlots (RFLs) pay a $1 per head fee to the brand program based on the feedlot’s one-time capacity. Many feedlots turn over the cattle in their feedlot more than twice per year, which reduces their inspection fees to less than 50 cents per head. Special exemptions allow RFLs to inspect cattle in, but do not require them to inspect cattle out. Their records are subject to review by the brand inspection program. Especially with the upswing in cattle prices, Davis said this cost is minimal to help protect cattle owners from theft, fraud or potential mixups.

Davis said a quick google search for “cattle theft news” returns several stories about theft outside of the brand inspection area in Nebraska (approximately the eastern one-third of the state).

Nebraska is a unicameral state. There is only one legislative house, so after a committee approves a bill, it moves to the full legislature for final approval and then on to the governor for a signature.

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