Bill considered to eliminate Brand Committee, make inspections voluntary

A measure that would eliminate the Nebraska Brand Committee and transfer its responsibilities to the state Department of Agriculture was discussed Feb. 17 by the Agriculture Committee.

LB1258, introduced by Blair Sen. Ben Hansen, would rename the Livestock Brand Act as the Livestock Protection Act, eliminate the Nebraska Brand Committee and transfer its duties to a new Division of Brand Registration, Brand Inspection and Livestock Theft Investigation within the Department of Agriculture.

Rather than enforcing mandatory inspections within a brand inspection area, the new division would register brands, maintain records and provide statewide, voluntary fee-based brand inspections as proof of livestock ownership at an owner’s request. Like the existing agency, the new division would be cash-funded through inspection, brand registration and renewal fees.

The bill would take effect Jan. 1, 2027.

Hansen said LB1258 was modeled after the Kansas voluntary brand inspection system and would provide a more consistent, statewide approach to brand inspections. The current system varies widely by region, he said, creating inconsistency and division within the state’s top industry.

In addition, he said, trust in the Nebraska Brand Committee was eroded among some producers after the committee was found to be charging unauthorized fees and using a “guilty until proven innocent” approach to enforcement.

“With stronger oversight, professional administration and an advisory committee of stakeholders, we can restore trust and stability,” Hansen said. “Most importantly, we create a uniform, statewide system that better serves producers and positions Nebraska to compete nationally and globally.”

Cassie Lepaseotes, who operates a feedlot in Bridgeport, testified in support of the measure. She said some of her out-of-state partners hesitate to do business in Nebraska because brand regulations are varied and unpredictable. LB1258 would provide a fair, consistent framework that strengthens the industry, she said.

“If we truly value agriculture, the traditions we’ve built [and] the way of life that makes Nebraska special, then we must be willing to find a path that unifies us,” Lepaseotes said. ”LB1258 offers that path.”

Conor Dwyer of Bridgeport also supported the bill. As a commercial feedlot operator, Dwyer said, he has seen firsthand how strict brand laws and the Nebraska Brand Committee’s “targeting” of producers drives business out of the state.

For example, he said, it impacts already thin profit margins when shipments of cattle ready for slaughter are blocked by the committee over minor paperwork errors, prompting some producers to take their business elsewhere.

“I think we can all agree integrity is not an issue among cattlemen and women in Nebraska,” Dwyer said. “I am, however, beginning to question the integrity of the Brand Committee.”

Also supporting the bill was Curry Sexton, general counsel for Foote Business Services, which operates the Imperial Beef feedyard. He said Imperial Beef has processed over 2 million cattle over the past 20 years, spending thousands of dollars on brand fees and compliance and not experiencing any theft.

But, Sexton said, the company’s feedyards and ranches in Northwest Kansas, where brand inspection is voluntary, also have never had issues with cattle theft, indicating that strict brand laws are unnecessary at the feedlot level.

Duane Gangwish testified against LB1258 on behalf of the Nebraska Brand Committee, saying the measure would fundamentally restructure Nebraska’s brand laws, which are supported by county sheriffs and state livestock organizations.

Gangwish noted that the Brand Committee recently has taken steps to modernize — including clarifying ownership rules, reducing unnecessary inspections and exploring exemptions — while maintaining a financially sound system. He said a better approach than eliminating mandatory brand inspection would be to continue discussions with stakeholders regarding their concerns.

Knox County Sheriff Don Henry also opposed LB1258. Eliminating the Brand Committee could impose an unfunded mandate in the form of extra staff and resources needed by sheriffs to work more stolen cattle cases, he said, ultimately burdening taxpayers.

Representing the Nebraska Cattlemen, Matt Blackford testified against the proposal. Counties historically have decided whether or not to join brand inspection areas, he said, and such decisions should remain local.

Roland Paddock, testifying on behalf of Independent Cattlemen of Nebraska, also spoke in opposition. He said brand inspection is a crucial business safeguard — similar to audits for cars, real estate or banks — to verify ownership and prevent theft.

“That’s what this brand inspection is about,” Paddock said, “making sure that when you sell cattle, you own it.”

The committee took no immediate action on LB1258.