Should cattle producers be required to brand cattle? Question divides Nebraska

LINCOLN, Neb. — A proposal that would significantly change how Nebraska regulates its cattle industry is drawing sharp divisions among ranchers, feedlot operators and law enforcement.

Legislative Bill 1258 would eliminate the governor-appointed Brand Committee, make brand inspections voluntary instead of required, and transfer brand inspection, registration and livestock theft investigations to the Nebraska Department of Agriculture.

During a public hearing this week at the State Capitol, lawmakers heard hours of testimony for and against the measure.

Agriculture is Nebraska’s leading industry, with beef cattle driving a large share of the state’s economy. But testimony made clear there is disagreement over how that industry should be regulated.

“There is that friction, right?” said Seth Hanna, a rancher from the Brownlee area.

Hanna was one of 160 people who testified in opposition to the bill.

“Logistically it just isn’t feasible to keep an eye on all of our cattle all of the time. Pastures in western Nebraska can span over two square miles or more. To check one such pasture, it would take four people horseback all afternoon to gather, sort, and then count the bunch to ensure none were missing,” Hanna said.

Opponents of the bill included ranchers from across the state, as well as representatives from the banking industry and law enforcement.

“The local sheriff’s offices will be burdened with significant cost and manpower to work investigations that are already being done by the Nebraska Brand Committee,” said Brown County Sheriff Brent Deibler.

Currently, the western two-thirds of Nebraska fall within the brand inspection area, while the eastern portion of the state does not require brand inspections.

Supporters of the bill argue cattle theft is not a significant issue in areas without mandatory brand inspections.

Eighteen people testified in favor of the measure. Those who spoke in person were feedlot owners.

“For a period of approximately 20 years in which we have processed more than two million cattle through Imperial Beef, we have not encountered a single issue with cattle theft, the exact thing the Brand Act intended to prevent when it was enacted in 1941. At the same time, despite zero issues with cattle theft, we’ve incurred hundreds of thousands of dollars in brand fees and have been forced to commit hundreds, if not thousands, of man hours to compliance with the current brand laws,” said Curry Sexton, brand counsel at Foote Cattle Company, which owns Imperial Beef.

The bill was introduced by State Sen. Ben Hansen, a chiropractor who lives outside the brand inspection area.

“As a business man, I struggle with the idea that producers face different rules depending solely on where their operation is located in Nebraska. That makes little sense. It puts some producers at a competitive disadvantage and sends the wrong message — that Nebraska is a difficult place to do business because rules change by geography,” Hansen said.

Hansen said he believes a “silent majority” supports eliminating the Brand Committee. But dozens more ranchers urged lawmakers to keep the current system in place.

“Listen to the voters of this state. Listen to the taxpayers, not just a few who are very generous with their campaign donations,” said Brenda Masek, a rancher in Cherry County.

The bill remains under consideration by lawmakers, with no final decision yet made.