Listed
below are excerpts from the Nebraska Statutes that apply
to branding. Some sections of the chapter have been left out
for brevity. Click on the title above to see the actual Nebraska
Statutes.
54-17
Act, how cited.
Sections 54-170 to 54-1,127 shall be known and may be cited
as the Livestock Brand Act.
Source: Laws 1999, LB 778, § 1; Laws 2000, LB 213, §
3.
54-171 Definitions; where found.
For purposes of the Livestock Brand Act, the definitions found
in sections 54-172 to 54-190 shall be used.
Source: Laws 1999, LB 778, § 2.
54-172
Bill of sale, defined.
Bill of sale means a formal instrument for the conveyance or
transfer of title to livestock or other goods and chattels.
The bill of sale shall state the buyer's name and address, the
date of transfer, the guarantee of title, the number of livestock
transferred, the sex of such livestock, the brand or brands,
the location of the brand or brands or a statement to the effect
that the animal is unbranded, and the name and address of
the seller. The signature of the seller shall be attested by
at least one witness or acknowledged by a notary public or by
some other officer authorized by state law to take acknowledgments.
A properly executed bill of sale means a bill of sale that is
provided by the seller and received by the buyer.
Source: Laws 1999, LB 778, § 3.
54-173
Brand clearance, defined.
Brand clearance means the documentary evidence of ownership
that is issued and signed by a brand inspector and given to
persons who have legally purchased cattle at a livestock auction
or sale where a brand inspection service is provided. The brand
clearance shall give the name and address of sale or auction
where issued, the name of purchaser, the number and sex of cattle,
the brands, if any, and the location on the cattle.
Source: Laws 1999, LB 778, § 4.
54-174
Brand inspection agency, defined.
Brand inspection agency means an agency of a state, or a duly
organized livestock association of a state, authorized by state
law and registered with the Packers and Stockyards Division
of the United States Department of Agriculture to charge and
collect, at designated stockyards, packing plants, sales barns,
or farm and ranch loading points, a reasonable and nondiscriminatory
fee for the inspection of
brands, marks, and other identifying characteristics of livestock
originating in or shipped from such state for the purpose of
determining the ownership of such livestock.
Source: Laws 1999, LB 778, § 5.
54-175
Brand inspection area, defined.
Brand inspection area means that portion of the State of Nebraska
designated in section 54-1,109, where brand inspection is mandatory.
Source: Laws 1999, LB 778, § 6.
54-176
Brand inspector, defined.
Brand inspector means a person employed by the Nebraska Brand
Committee, or some other brand inspection agency, inside or
outside of the State of Nebraska, for the purpose of identifying
brands, marks, or other identifying characteristics of livestock
to determine the existence of such brands, marks, or identifying
characteristics and from such determinations attempt to establish
correct and true ownership of such livestock, and generally
carry out the provisions and enforcement of all laws pertaining
to brands, brand inspection, and associated livestock
laws.
Source: Laws 1999, LB 778, § 7.
54-178
Cattle, defined.
Cattle means bovine cattle only and does not elate to or include
any other kind of animal.
Source: Laws 1999, LB 778, § 9.
54-179
Certificate of inspection, defined.
Certificate of inspection means the official document issued
and signed by a brand inspector authorizing (1) movement of
livestock from a point of origin within the brand inspection
area to a destination either inside or outside of the brand
inspection area or outside of this state, (2) slaughter of livestock
as specified on such certificate, or (3) the change of ownership
of livestock as specified on such certificate. A certificate
of inspection shall designate, as needed, the name of the shipper,
consignor, or seller of the livestock, the purchaser or consignee
of the livestock, the destination of the livestock, the method
of transportation, the vehicle license number or railroad car
number when available, the miles driven by an inspector to perform
inspection, the amount of inspection fees collected, the number
and sex of the livestock to be moved or slaughtered, the brands,
if any, on the livestock, and the brand owner. A certificate
of inspection shall be construed and is intended to be documentary
evidence of ownership on all livestock covered by such document.
Source: Laws 1999, LB 778, § 10.
54-180
Estray, defined.
Estray means any livestock found running at large upon public
or private lands, either fenced or unfenced, whose owner is
unknown in the area where found, any such livestock which is
branded with a brand which is not on record in the office of
the Nebraska Brand Committee, or any livestock for which ownership
has not been established as provided in section 54-1,118.
Source: Laws 1999, LB 778, § 11.
54-181
Freeze brand, defined.
Freeze brand means a mark or brand that is created on a live
animal in a depigmentation technique, whereby the pigment-producing
cells in the skin of an animal are destroyed by the application
of intense cold to the skin area.
Source: Laws 1999, LB 778, § 12.
54-182
Investigator, defined.
Investigator means an employee of the Nebraska Brand Committee
who is also a deputy state sheriff and has the duty, responsibility,
and authority to enforce all state statutes pertaining to brands,
brand inspection, and associated livestock laws. An investigator
is also responsible for the investigation of all problems associated
with brands, brand inspection, and associated livestock enforcement
problems.
Source: Laws 1999, LB 778, § 13.
54-183
Livestock, defined.
Livestock means any domestic cattle, horses, mules, donkeys,
sheep, or swine.
Source: Laws 1999, LB 778, § 14.
54-184
Mark, defined.
A mark means a physical identification that includes, but is
not limited to, visible characteristics on an animal such as
a natural, accidental, or manmade blemish that sets apart a
particular animal from all others. Such marks include, but are
not limited to, hair coloration, scars, brands, earmarks, or
tattoos.
Source: Laws 1999, LB 778, § 15.
54-189
Satisfactory evidence of ownership, defined.
Satisfactory evidence of ownership consists of the brands, tattoos,
or marks on the livestock; point of origin of livestock; the
physical description of the livestock; the documentary evidence,
such as bills of sale, brand clearance, certificates of inspection,
breed registration certificates, animal health or testing certificates,
recorded brand certificates, purchase sheets, scale tickets,
disclaimers of interest, affidavits, court orders, security
agreements, powers of attorney, canceled checks, bills of lading,
or tags; and such other facts, statements, or circumstances
that taken in whole or in part cause an inspector to believe
that proof of ownership is established.
Source: Laws 1999, LB 778, § 20.
54-190
Tattoo, defined.
Tattoo means the conspicuous curvilinear marks or patterns brought
about by pricking a pigment coloration into the skin of an animal
by using a needle or similar device or the act of marking, coloring,
or pricking into the skin of an animal coloring matter or ink
which forms an indelible mark or figure.
Source: Laws 1999, LB 778, § 21.
54-191
Nebraska Brand Committee; created; members; terms; vacancy;
bond or insurance; expenses; purpose. The Nebraska Brand Committee
is hereby created. The brand committee shall consist of the
Secretary of State, who shall be chairperson, and four members
appointed by
the Governor. Three appointed members shall be active cattlepersons
and one appointed member shall be an active cattle feeder. The
appointed members shall be owners of cattle within the brand
inspection area, shall reside within the brand inspection area,
shall be owners of Nebraska-recorded brands, and shall be persons
whose principal business and occupation is the raising or feeding
of cattle within the brand inspection area. The terms of the
members shall be four-year, staggered terms. At the expiration
of the term of an appointed member, the Governor hall appoint
a successor. Members serving on August 28, 1999, shall be considered
appointed to serve the remainder of the term
to which they were appointed. If there is a vacancy on the brand
committee, the Governor shall fill such vacancy by appointing
a member to serve during the unexpired term of the member whose
office has become vacant. The action of a majority of the members
shall be deemed the action of the brand committee. No appointed
member shall hold any elective or appointive state or federal
office while serving as a member of the brand committee. Each
appointed member and each brand committee employee who collects
or who is the custodian of any funds shall be bonded or insured
as required under section 11-201. The appointed members of the
brand committee shall be paid their actual and necessary traveling
expenses in attending meetings of the brand committee or in
performing any other duties that are prescribed in the
Livestock Brand Act or section 54-415, as provided for in sections
81-1174 to 81-1177. The purpose of the Nebraska Brand Committee
is to
protect Nebraska brand and livestock owners from the theft of
livestock through established brand recording, brand inspection,
and livestock theft investigation.
Source: Laws 1999, LB 778, § 22; Laws 2004, LB 884, §
26. Effective date July 16, 2004.
54-192
Nebraska Brand Committee; employees; director; duties; brand
recorder; grievance procedure.
(1) The Nebraska Brand Committee shall employ such employees
as may be necessary to properly carry out the Livestock Brand
Act and section 54-415, fix the salaries of such employees,
and make such expenditures as are necessary to properly carry
out such act and section. Employees of the brand committee shall
receive mileage computed at the rate provided in section 81-1176.
The brand committee shall select and designate a location or
locations where the brand committee shall keep and maintain
an office and where records of the brand inspection and investigation
proceedings, transactions, communications, brand registrations,
and official acts shall be kept.
(2) The brand committee shall employ a director as the executive
officer of the brand committee, and the director shall also
be the chief brand inspector, the chief investigator, and, for
administrative purposes, the brand committee head. The director
shall keep a record of all proceedings, transactions, communications,
and official acts of the brand committee, shall be custodian
of all records of the brand committee, and shall perform such
other duties as may be required by the brand committee. The
director shall call a meeting at the direction of the Secretary
of State or upon the written request of two or more members
of the brand committee. The director shall have supervisory
authority to direct and control all full-time and part-time
employees of the brand committee. This authority allows the
director to hire employees as are needed on an interim basis
subject to approval or confirmation by the brand committee for
regular employment. The director may place employees on probation
and may discharge an employee. In the absence of the director,
by reason of illness, vacation, or official business away from
the department's headquarters, the assistant director shall
have similar authority as outlined in this section for the
director.
(3) The brand committee shall employ a brand recorder who shall
be responsible for the processing of all applications for new
livestock brands, the transfer of ownership of existing livestock
brands, the maintenance of accurate and permanent records relating
to livestock brands, and such other duties as may be required
by the brand committee.
(4) If any employee of the brand committee after having been
disciplined, placed on probation, or having had his or her services
terminated desires to have a hearing before the entire brand
committee, such a hearing shall be granted as soon as is practicable
and convenient for all persons concerned. The request for such
a hearing shall be made in writing by the employee alleging
the grievance and shall be directed to the director. After hearing
all testimony surrounding the grievance of such employee, the
brand committee, at its discretion, may approve, rescind, nullify,
or amend all actions as previously taken by the director.
Source: Laws 1999, LB 778, § 23.
54-193
Nebraska Brand Committee; brand publication.
The Nebraska Brand Committee shall periodically have published
in book form, electronic medium, or such other method prescribed
by the committee a list of all brands recorded with the brand
committee at the time of such publication. Such publication
may be supplemented from time to time. The publication shall
contain a facsimile of all recorded brands, together with the
owner's name and post office address,
and shall be arranged in convenient form for reference. The
brand committee shall send, without any charge, the publication
as required by section 51-413 to the Nebraska Publications Clearinghouse
and shall provide the publication to each inspector of record
and to the county sheriff of each county in the State of Nebraska,
which shall be kept as a matter of public record. The publication
may be sold to the general public for a price equal to or less
than the actual cost of production.
Source: Laws 1999, LB 778, § 24; Laws 2002, LB 589, §
1. Effective date July 20, 2002.
54-194
Documents; signature and seal requirements.
As chairperson of the Nebraska Brand Committee, the Secretary
of State, or his of her designee, shall have the authority to
sign all certificates and other documents that may by law require
certification by signature. Such documents shall include, but
not be limited to, new brand certificates, brand transfer certificates,
duplicate brand certificates, and brand renewal receipts. A
facsimile of the brand committee seal and the signature of the
brand recorder shall also be placed on all brand certificates.
Source: Laws 1999, LB 778, § 25.
54-198
Recorded livestock brand; requirements; in-herd identification;
prohibited act.
(1) Any person having livestock may record a brand, which he
or she has the exclusive right to use in this state, and it
is unlawful to use any brand for branding any livestock unless
the person using such brand has recorded that brand with the
Nebraska Brand Committee. A brand is a mark consisting of symbols,
characters, numerals, or a combination of such intended as a
visual means of identification when applied to
the hide of an animal or another method of livestock identification
approved by rule and regulation of the brand committee, including
an electronic device used for livestock identification. Only
a hot iron or freeze brand or other method approved by the brand
committee shall be used to brand a live animal.
(2) A hot iron brand or freeze brand may be used for in-herd
identification purposes such as for year or production records.
With respect to hot iron brands used for in-herd identification,
the numerals 0, 1, 2, 3, 4, 5, 6, 7, 8, and 9 in singular or
triangular position are reserved on both the right and left
shoulder of all cattle, except that such shoulder location for
a single-number hot iron brand may be used for year branding
for in-herd identification purposes, and an alphabetical letter
may be substituted for one of the numerals used in a triangular
configuration for in-herd identification purposes. Hot iron
brands used for in-herd identification shall be used in conjunction
with the recorded hot iron brand and shall be on the same side
of the animal as the recorded hot iron brand. Freeze branding
for in-herd identification may be applied in any location and
any configuration with any combination of numerals or alphabetical
letters.
(3) It shall be unlawful to knowingly maintain a herd containing
one or more animals which the possessor has branded, or caused
to be branded, in violation of this section or any other provision
of the Livestock Brand Act.
Source: Laws 1999, LB 778, § 29; Laws 2000, LB 213, §
4; Laws 2002, LB 589, § 2. Effective date July 20, 2002.
54-199
Livestock brand; application; fee; requirements; issuance.
(1) To record a brand, a person shall forward to the Nebraska
Brand Committee a facsimile or description of the brand desired
to be recorded, a written application, and a recording fee established
by the brand committee. Such recording fee may vary according
to the number of locations and methods of brand requested but
shall not be more than one hundred dollars per application.
(2) For recording of visual brands, upon receipt of a facsimile
of the brand, an application, and the required fee, the brand
committee shall determine compliance with the following requirements:
(a) The brand shall be an identification mark that is applied
to the hide of a live animal by hot iron branding or by either
hot iron branding or freeze branding. The brand shall be on
either side of the animal in any one of three locations, the
shoulder, ribs, or hip, except that after September 6, 1991,
no new brand shall be recorded for the ribs of the animal on
either side. All brands recorded for the ribs on such date shall
remain valid and renewable and shall be transferable until such
recorded brand expires;
(b) The brand is not recorded under the name of any other person
and does not conflict with or closely resemble a prior recorded
brand;
(c) The brand application specifies the left or right side of
the animal and the location on that side of the animal where
the brand is to be placed;
(d) The brand is not recorded as a trade name nor as the name
of any profit or nonprofit corporation, unless such trade name
or corporation is of record, in current good standing, with
the Secretary of State; and
(e) The brand is, in the judgment of the brand committee, legible,
adequate, and of such a nature that the brand when applied can
be properly read and identified by employees of the brand committee.
(3) All visual brands shall be recorded as a hot iron brand
only unless a co-recording as a freeze brand or other approved
method of branding is requested by the applicant. The brand
committee shall approve co-recording a brand as a freeze brand
unless the brand would not be distinguishable from in-herd identification
applied by freeze branding.
(4) The brand committee may, by rule and regulation, provide
for the recording and use of brands by electronic device or
other nonvisual method of livestock identification. Any such
method of livestock identification shall be approved as a brand
only if it functions as a means of identifying ownership of
livestock so branded that is equal to, or superior to, visual
methods of livestock branding. Before approving any nonvisual
method of branding, the brand committee shall consider the degree
to which such method may be susceptible to error, failure, or
fraudulent alteration. Any rule or regulation shall be adopted
only after public hearing conducted in compliance with the Administrative
Procedure Act.
(5) If the facsimile, the description, or the application does
not comply with the requirements of this section, the brand
committee shall not record such brand as requested but shall
return the recording fee to the forwarding person. The power
of examination and rejection is vested in the brand committee,
and if the brand committee determines that the application for
a visual brand falls within the category set out in subdivision
(2)(e) of this section, it shall decide whether or not a recorded
brand shall be issued. The brand committee shall make such examination
as promptly as possible. If the brand is recorded, the ownership
vests from the date of filing of the application.
Source: Laws 1999, LB 778, § 30; Laws 2000, LB 213, §
5; Laws 2002, LB 589, § 3. Effective date July 20, 2002.
54-1,100
Recorded brand; transfer; fee; effect.
A recorded brand is the property of the person causing such
record to be made and is subject to sale, assignment, transfer,
devise, and descent as personal property. Instruments of writing
evidencing the sale, assignment, or transfer of a recorded brand
shall be recorded by the Nebraska Brand Committee. The fee for
recording such an instrument shall be established by the brand
committee and shall not be more than
thirty-five dollars. Such instruments shall give notice to all
third persons of the matter recorded in the instruments and
shall be acknowledged by a notary public or any other officer
qualified under law to administer oaths.
Source: Laws 1999, LB 778, § 31; Laws 2002, LB 589, §
4. Effective date July 20, 2002.
54-1,101
Recorded brand; owner; copies of record.
The owner of a recorded brand is entitled to one certified copy
of the record of such brand from the Nebraska Brand Committee
without charge. Additional certified copies of the record may
be obtained by anyone upon the payment of one dollar for each
copy. Copies of any other document of the brand committee may
be requested, and a fee of one dollar shall be collected for
each page copied. Only personnel authorized by the brand committee
shall make copies and collect such fees. The party requesting
the copies is responsible for payment of the fee and shall reimburse
the brand committee for the research time necessary to furnish
the requested documents at a rate of not less than twelve nor
more than twenty dollars per hour of research time. The rate
shall be reviewed and set annually by the brand committee.
Source: Laws 1999, LB 778, § 32.
54-1,102
Recorded brand; use; expiration date; renewal fee; expired brand;
reinstated.
(1) A recorded brand may be applied by its owner until its expiration
date.
(2) On and after January 1, 1994, the expiration date of a recorded
brand is the last day of the calendar quarter of the renewal
year as designated by the Nebraska Brand Committee in the records
of the brand committee.
(3) The brand committee shall notify every owner of a recorded
brand of its expiration date at least sixty days prior to the
expiration date, and the owner of the recorded brand shall pay
a renewal fee established by the brand committee which shall
not be more than fifty dollars and furnish such other information
as may be required by the brand committee. The renewal fee is
due and payable on or before the expiration date and renews
a recorded brand for a period of four years regardless of the
number of locations on one side of an animal on which the brand
is recorded. If any owner fails, refuses, or neglects to pay
the renewal fee by the expiration date, the brand shall expire
and be forfeited.
(4) The brand committee has the authority to hold an expired
brand for one year following the date of expiration. An expired
brand may be reinstated by the same owner during such one-year
period upon return of a brand application form and payment of
the recording fee for such brand established by the brand committee
under section 54-199 plus a penalty of five dollars for each
month or part of a month which has passed since the date of
expiration. A properly reinstated brand may be transferred to
another person during such one-year period upon
completion of a transfer form, with a notarized bill of sale
signed by the prior owner attached to such transfer form.
Source: Laws 1999, LB 778, § 33; Laws 2002, LB 589, §
5. Effective date July 20, 2002.
54-1,103
Reserved brands; use.
(1) Cattle brands consisting of alphabetical letters A through
Z, and numbers 1, 2, 3, 4, 5, 6, 7, 8, and 9 on the left or
right jaw are reserved for assignment by the brand recorder,
as designated by the Nebraska Brand Committee. The brand recorder
shall not assign such brands to any person in the State of Nebraska
unless authorized by the brand committee, and it shall be unlawful
for any person to use such brands except as provided in subsection
(2) of this section.
(2) Every person when spaying heifers, upon request of the owner
thereof, shall brand such heifers with the alphabetical letter
O on the left jaw and furnish the owner with a certificate that
all heifers so branded have been properly spayed by a licensed
veterinarian. Permission may be granted by the brand committee
to state and federal animal disease control agencies to require
the use of the letters F, V, B, S, and T and an open-end spade
on either the right or left jaw of cattle in a manner consistent
with animal disease control laws.
Source: Laws 1999, LB 778, § 34.
54-1,104
Brand assigned to committee.
There is a recorded brand consisting of the alphabetical letter
N on the entire right and left sides which is assigned to the
Nebraska Brand Committee to be used only by authorized personnel
of the brand committee to permanently identify livestock which
are suspected of having been stolen and may be used as evidence
in any court proceeding. It shall in no way signify that the
brand committee (1) is the owner of
livestock so branded or (2) claims ownership in any livestock
carrying such brand. It shall only be construed and intended
that livestock so branded are evidence or portions of evidence
seized relative to an alleged theft of livestock.
Source: Laws 1999, LB 778, § 35.
54-1,105
Brands; distinction requirements.
(1) Cattle branded with a Nebraska-recorded visual brand shall
be branded so that the recorded brand of the owner shows distinctly.
Sheep may be marked distinctly with such mark or device as may
be sufficient to distinguish the same readily should they become
intermixed with other flocks of sheep.
(2) If the owners of recorded brands which conflict with or
closely resemble each other maintain their herds in close proximity
to each other, the brand committee has the authority to decide,
after hearing as to which at least ten days' written notice
has been given, any dispute arising therefrom and to direct
such change or changes in the position or positions where such
recorded brand or brands are to be placed as will remove any
confusion that might result from such conflict or close resemblance.
Source: Laws 1999, LB 778, § 36; Laws 2002, LB 589, §
6. Effective date July 20, 2002.
54-1,106
Grazing livestock; requirements.
A person who brings livestock into any county of this state
for grazing purposes which are already branded shall provide
the Nebraska Brand Committee with a statement of the brands
of such livestock. Failure to comply with this section renders
the violating person liable for all
damages resulting from such failure.
Source: Laws 1999, LB 778, § 37.
54-1,107
Recorded brand; evidentiary effect.
A recorded brand is prima facie evidence of ownership of livestock
and is admissible into evidence in any court in this state if
the brand meets the requirements of and is recorded as provided
in section 54-199. Other documentary evidence such as bills
of sale or certificates of brand clearance transferring title
from an owner to another party may also be introduced as evidence
of livestock ownership in any court in this state. The recording
of instruments of writing evidencing the sale, assignment, or
transfer of a recorded brand gives notice to all third persons
of the matter recorded, and certified copies are admissible
in evidence without further foundation. In all suits at law
or in equity, in any criminal proceedings, or when determining
the ownership of estrays wherein the title to livestock is an
issue, the certified copy of the record of a
recorded brand or instrument of writing evidencing sale, assignment,
or transfer of a recorded brand is prima facie evidence of the
ownership of such livestock by the person possessing such livestock.
Source: Laws 1999, LB 778, § 38.
54-1,108
Brand inspections; when; fees; reinspection; when.
(1) All brand inspections provided for in the Livestock Brand
Act or section 54-415 shall be from sunrise to sundown or during
such other hours and under such conditions as the Nebraska Brand
Committee determines.
(2) A fee, established by the Nebraska Brand Committee, of not
more than sixty-five cents per head shall be charged for all
cattle inspected in accordance with the Livestock Brand Act
or section 54-415 or inspected within the brand inspection area
by court order or at the request of any bank, credit agency,
or lending institution with a legal or financial interest in
such cattle. Such fee may vary to encourage inspection to be
performed at times and locations that reduce the cost of performing
the inspection but shall otherwise be uniform. The inspection
fee for court-ordered inspections shall be paid from the proceeds
of the sale of such cattle if ordered by the court or by either
party as the court directs. For other inspections, the person
requesting the inspection of such cattle is responsible for
the inspection fee. If estray cattle are identified as a result
of the inspection, such cattle shall be processed in the manner
provided by section 54-415.
(3) Any person who has reason to believe that cattle were shipped
erroneously due to an inspection error during a brand inspection
may request a reinspection. The person making such request shall
be responsible for the expenses incurred as a result of the
reinspection unless the results of the reinspection substantiate
the claim of inspection error, in which case the brand committee
shall be responsible for the reinspection expenses.
Source: Laws 1999, LB 778, § 39; Laws 2002, LB 589, §
7. Effective date July 20, 2002.
54-1,118
Livestock; questions of ownership; procedure.
If any livestock inspected under the Livestock Brand Act or
section 54-415 is unbranded or bears a brand or brands in addition
to, or other than, the recorded brand or brands of the shipper
or seller, then the shipper or seller may be required to establish
his or her ownership of such
livestock by exhibiting to the Nebraska Brand Committee a bill
of sale to such livestock or by other satisfactory evidence
of ownership. If ownership of the livestock is not established,
the livestock may be sold, and the selling agent who sells such
livestock shall hold the proceeds of the sale. If any shipper
or seller who has offered such livestock for sale refuses to
accept the bids offered, ownership must be established, or a
cash bond posted with the selling agent in an amount equal to
the approximate value of the livestock and payable to the brand
committee, before such livestock may be removed from the premises.
When ownership has been established the cash bond shall be returned
to the person who or which posted it. The shipper or seller
of the livestock is required to establish ownership of such
livestock within sixty days after its sale. If such shipper
or seller establishes ownership of such livestock, the Nebraska
Brand Committee shall order the selling agent of such livestock
to pay the proceeds of sale to the shipper or seller. If such
shipper or seller fails to establish ownership within the sixty
days, such livestock shall be considered an estray and the Nebraska
Brand Committee shall order the selling agent to pay the proceeds
of sale over to the brand committee. All funds that the brand
committee receives from the sale of any estray shall be placed
in a separate custodial fund known as the estray fund. The brand
committee shall determine the ownership of estrays that originate
within the brand inspection area. Such funds shall be disposed
of in the manner provided in section 54-415.
Source: Laws 1999, LB 778, § 49.
54-1,119
Open market; designation; brand inspection requirements.
(1) Any livestock market, whether within or outside of the state,
or any meat packing plant which maintains brand inspection under
the supervision of the Nebraska Brand Committee and under such
rules and regulations as are specified by the United States
Department of Agriculture, may be designated by the brand committee
as an open market.
(2) When cattle originating from within the brand inspection
area are consigned for sale to any commission company at any
open market designated as such by the Nebraska Brand Committee
where brand inspection is maintained, no brand inspection is
required at the point of origin but is required at the point
of destination unless the point of origin is a registered feedlot
or registered dairy. If cattle are consigned
to a commission company at an open market, the carrier transporting
the cattle shall not allow the owner, shipper, or party in charge
to change the billing to any point other than the commission
company at the open market designated on the original billing,
unless the carrier secures from the brand committee a certificate
of inspection on the cattle so consigned. Any cattle originating
in a registered feedlot or registered dairy consigned to a commission
company at any terminal market destined for direct slaughter
may be shipped in accordance with rules and regulations governing
registered feedlots or registered dairies.
(3) Until the cattle are inspected for brands on the premises
by the Nebraska Brand Committee, no person shall sell or cause
to be sold or offer for sale (a) any cattle at a livestock auction
market located within the brand inspection area or at a farm
or ranch sale located within the brand inspection area or (b)
any cattle originating within the brand inspection area consigned
to an open market.
Source: Laws 1999, LB 778, § 50; Laws 2000, LB 213, §
9.
54-1,124
Prohibited brand; violation; penalty.
If any person willfully and knowingly brands, marks, or causes
to be branded or marked, livestock owned by another with the
intent to deprive such owner of the livestock or willfully and
knowingly effaces, defaces, or obliterates any mark upon any
livestock owned by another with the intent to deprive such owner
of the livestock, such person is guilty of a Class III felony.
Source: Laws 1999, LB 778, § 55.
54-1,125
False documents; violation; penalty.
(1) Any person who offers as evidence of ownership for any livestock
sold, traded, or otherwise disposed of as provided in the Livestock
Brand Act or section 54-415, any forged, altered, or otherwise
falsely prepared document or form, knowing the same to be forged,
altered, or otherwise falsely prepared, is guilty of the Class
IV felony of criminal possession of a forged instrument as defined
in section 28-604.
(2) Any person who forges, alters, or otherwise changes in any
manner any of the forms or documents which are satisfactory
evidence of ownership or any other form or document required
by or provided for in the Livestock Brand Act or section 54-415,
is guilty of second degree forgery as defined in section 28-603,
and shall be punished in accordance with such section.
(3) Any person who knowingly misrepresents or misuses any certificate
of inspection or other satisfactory evidence of ownership is
guilty of a Class II misdemeanor.
Source: Laws 1999, LB 778, § 56.
54-1,126
General penalty.
Any person who violates any provision of the Livestock Brand
Act is guilty of a Class II misdemeanor unless another penalty
is specifically provided for such violation.
Source: Laws 1999, LB 778, § 57.
54-201.01
Legislative intent.
The Legislature hereby recognizes and declares that the livestock
industry is an integral component in the economy of this state
and that the continued viability of such industry is essential
to the prosperity and well-being of all citizens of this state.
The Legislature further recognizes
that the livestock industry of this state provides food for
the state, the nation, and the world, and that the benefits
of a financially sound industry are far reaching. It is hereby
declared to be the purpose of sections 54-201 and 54-201.01
to afford protection to those persons involved in the care and
feeding of livestock in this state by providing some security
of compensation for services rendered.
