Session Review: Agriculture

The Agriculture Committee addressed a number of issues during the 2011 session, including fencing law, a brand inspection surcharge, the feasibility of a state meat inspection program and a statewide standard for honey.

LB108, introduced by Holdrege Sen. Tom Carlson and approved 44-0, requires landowners to keep their division fences in good repair and clear of disruptive trees. The bill also declares trees and woody growth that damage a division fence as private nuisances to adjacent landowners.

The Nebraska Brand Committee is authorized to implement a surcharge to cover travel costs associated with brand inspections under LB181. Introduced by North Platte Sen. Tom Hansen and passed 45-0, the bill permits the committee to add up to a $20 surcharge per location to the brand inspection fee to cover travel expenses incurred by brand inspectors.

The state Department of Agriculture will research the feasibility of a meat and poultry inspection program under a bill approved 43-0. LB305, introduced by O’Neill Sen. Tyson Larson, requires the department to submit by Nov. 15 a report to the Legislature describing actions necessary to implement a state meat and poultry inspection program.

The state will adopt a honey standard, courtesy of a bill sponsored by Fullerton Sen. Annette Dubas and approved 41-1. LB114 directs the department to develop by Jan. 1, 2012, rules and regulations for all honeys produced by honey bees. Products that fail to meet the standard cannot be labeled as honey, and improper labeling will constitute a violation of the Deceptive Trade Practices Act.

A veto stopped a bill that would have provided a financing program to improve access to healthful foods in underserved communities. LB200, introduced by Omaha Sen. Brenda Council, would have directed the Rural Development Commission to create a financing program to increase access to fresh fruits, vegetables and other nutritional foods in low-income areas with limited access to healthful food retailers. LB200 was approved 30-16, but it was vetoed by the governor. Council’s motion to override the veto failed on a 20-19 vote.

A bill that would eliminate a requirement to label gasoline pumps containing ethanol stalled on select file. LB698, introduced by Imperial Sen. Mark Christensen, would change the requirement for ethanol or methanol labels on fuels with concentrations of 1 percent to apply only to pumps containing at least 11 percent ethanol or methanol. Christensen filed a motion to indefinitely postpone the bill and elected to lay over LB698 until next session.

The committee also advanced a bill that would create an outstanding dog breeder designation. LB427, introduced by Bellevue Sen. Abbie Cornett, would permit the department to designate outstanding commercial dog breeders that meet certain criteria and list them on the department’s website. The bill also would require commercial breeders to provide responsible medical care for their dogs and set minimum standards for their dogs’ primary enclosures. The bill remains on general file.

Counties could adopt black-tailed prairie dog management programs under a bill advanced by the committee. LB473, introduced by Ellsworth Sen. LeRoy Louden, would permit counties to adopt resolutions creating coordinated black-tailed prairie dog management programs. Landowners would be required to prevent colonies on their property from expanding to a neighboring property if the adjacent landowner objects to the expansion.

Landowners whose properties serve as a habitat for unmanaged black-tailed prairie dog colonies could receive individual notice of the program and would have 60 days to provide evidence of appropriate management actions before the county could interfere. Landowners failing to take appropriate action could be fined $100 per day per violation up to a total of $1,500. The bill remains on general file.

LB356, introduced by Carlson, would direct the department to use federal rural rehabilitation funds to pay the administrative costs of the Beginning Farmer Tax Credit Act and the Beginning Farmer Board. The bill was held in committee.

Finally, the committee indefinitely postponed a bill that would have prohibited restaurants from offering toys with meals that fail to meet certain nutritional standards. LB126, introduced by Lincoln Sen. Bill Avery, would have prohibited restaurants and convenience stores from advertising, marketing, supplying or selling consumer incentive items associated with the purchase of a packaged child’s meal if the meal failed to meet nutritional standards.