AgricultureSession Review 2012

Session Review: Agriculture

The management of domestic and wild animals, corn and wheat checkoff increases and access to safe and healthful foods topped the list of agricultural issues addressed by senators this session.

Commercial dog breeders must meet stronger licensing requirements under LB427, introduced by Bellevue Sen. Abbie Cornett.

Passed on a 45-3 vote, LB427 requires that a facility veterinary care plan be updated annually at the time of an on-site visit by the attending veterinarian and that the plan include a hands-on physical checkup of each animal at least once every three years.

LB427 also requires that a breeder:
• maintain individual animal health records;
• for new facilities, provide that primary enclosures have free access to an exercise area or provide daily exercise or socialization opportunities by other means;
• groom dogs to ensure very little of their coats are matted;
• identify all animals with a microchip;
• not perform certain surgeries on animals; and
• report serious injuries or medical conditions to veterinarians.

The state Department of Agriculture may deny licensure to any breeder whose license was revoked or who was accused of animal cruelty in another state. The bill provides a process to appeal any department licensure ruling.

Ellsworth Sen. LeRoy Louden addressed the spread of black-tailed prairie dogs with LB473, approved on a 32-11 vote.

The bill allows counties to adopt a management plan to contain the expansion of prairie dog colonies and employ personnel to implement the plan. Any landowner found to be out of compliance with the ordinance will be served an official notice. The person will then have 60 days to take measures to control the expansion.

If a landowner fails to take action within 60 days, the county will take over management of the colony. Any cost incurred to the county for controlling the migration of prairie dogs will be charged to the offending landowner.

Another animal treatment bill heard by the committee was LB915, introduced by O’Neill Sen. Tyson Larson. The bill would have shortened the window of time people could report animal abuse or cruelty to 12 hours after the incident.

The bill would have required a reporter of animal abuse to include all documentation including video, photographs or audio evidence. Failing to report the abuse would be a Class IV felony.

A second provision of the bill would have made obtaining employment at an animal facility with the intent to disrupt the normal operations of the facility a Class IV felony.

The bill was held by the committee.

Senators approved bills increasing checkoff funds for commercial wheat and corn sales.

LB905, introduced by Holdrege Sen. Tom Carlson, changed the Nebraska Wheat Board’s current excise tax levy of 1.25 cents per bushel of wheat to 0.4 percent of the net market value of wheat sold through commercial channels in Nebraska. The board may make additional rate adjustments up to 0.5 percent of the net market value after Oct. 1, 2014.

The bill also creates the Nebraska Wheat Development, Utilization and Marketing Fund and allows certain noncheckoff revenues — such as licensing fees and royalties — to be remitted to the fund.

Senators passed the bill on a 44-0 vote.

Carlson also introduced LB1057, approved 45-0, which set the corn checkoff assessment at 0.5 cents per bushel levied by the Nebraska Corn Board. The fee had been 0.25 cents per bushel with authority for the Corn Board to increase to 0.4 cents. The new assessment rate is scheduled to take effect beginning Oct. 1, coinciding with the sunset of the ethanol development checkoff assessment.

The definition of noxious weeds was clarified in the Nebraska Seed Law by another Carlson bill.

LB770 removed the specific names of noxious weeds and instead refers to the “seeds of noxious weeds, as noxious weeds are designated in the Noxious Weed Control Act.”

LB907, introduced by Carlson, will subject agricultural tractors of 100 horsepower or greater to a mandatory permitting process.

Currently the agricultural tractor models of 40 horsepower or more are subject to the mandatory permit.

Passed on a 46-0 vote, the bill raises the minimum threshold from 40 to 100 horsepower, but provides that purchases of unpermitted tractors of any horsepower are not eligible for the sales tax exemption for agricultural machinery and equipment. Vendors will have the option to permit tractors with less than 100 horsepower.

Senators approved two bills, both passed 49-0, that made changes to state Department of Agriculture statutes.

Under LB771, introduced by Carlson, provisions of the 2009 Food Code are incorporated into the Nebraska Pure Food Act that:
• require that the person in charge of a food establishment demonstrate knowledge of food safety risks and mitigation;
• provide a consumer advisory regarding risks of consuming raw or undercooked meat;
• establish standards for preventing food contamination by hand;
• establish time and temperature standards for cooking animal foods; and
• require that new dishwashers be equipped with automatic detergent and sanitizer dispensers.

Omaha Sen. Brenda Council introduced LB1123 to increase access to healthful, affordable food for people living in underserved communities.

The bill would have provided funds dedicated to developing easily accessible sources of healthy food in areas designated as food deserts by the U.S. Department of Agriculture. These areas are characterized by limited access to healthful food retailers and are located in either high-poverty or low-income neighborhoods.

The bill was held by the committee.

Cedar Rapids Sen. Kate Sullivan introduced LB884, a bill that would have created a task force to address the inclusion of agriculture in current K-12 standards and curricula.

LB884 also was held in committee.

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