Section 54-10-4 - Inspection and Documentation Requirements When a brand inspection is required by a Nebraska Brand Inspector or Investigator under the provisions of Nebraska's Livestock Brand Act or section 54-415 and the brand inspector "questions the ownership" of cattle that are unbranded or bears a brand or brands in addition to, or other than, the recorded brand or brands of the consignor, shipper or seller, the brand inspector shall require the "Best Evidence" and the documentary evidence of ownership shall be relinquished as follows:
(4.1) When cattle originate from, or are purchased from, within the Nebraska Brand Inspection Area or from another state offering brand inspection, an original title copy of the certificate of inspection, brand clearance, receipt for brands or bill of sale is required as best evidence. If the seller, shipper or consignor retains possession of a portion of the cattle listed on said document, the original title copy shall be taken up and filed with the current Nebraska Brand committee tally, certificate or clearance. The brand inspector shall write a Receipt for Brands, return a copy thereof to the seller, shipper or consignor which shall be construed as evidence of ownership.(4.2) When cattle originate from a sale barn in Nebraska's Non-brand Inspection Area or from a sale barn in a state in which no brand inspection is offered, an original copy of an auction market purchase sheet is required. If the seller, shipper or consignor retains a portion of the cattle listed on said document, the inspector shall note on the original purchase sheet the number of head sold or shipped, the date of transaction, place his/her signature indicating which inspector performed this acknowledgment. The inspector shall take a photo copy of said original purchase sheet and return such to the shipper, seller or consignor.(4.3) Cattle purchased in a non-brand inspection area at a farm sale or at a registered purebred auction, the provisions outlined requiring a purchase sheet in (4.2) shall apply.(4.4) When cattle are purchased by private treaty in the non-brand inspection area of Nebraska, a legal, properly executed, original bill of sale shall be relinquished to the brand inspector. If the seller, shipper or consignor retains possession of a portion of the cattle noted on the bill of sale, the inspector shall retain the original and file it with the Nebraska Brand Committee tally or certificate of inspection and issue a receipt for brands, which shall be construed as documentary evidence of ownership on said cattle.(4.5) When cattle are purchased and/or originate in a non-brand inspection state, the seller, shipper or consignor shall provide the original bill of sale or the destination/original copy of an animal health or testing certificate. If the bill of sale is deemed a legal, properly executed, original document, the brand inspector shall carry out the provisions as outlined in section (4.3). If an animal health or testing certificate is offered as documentary evidence of ownership, the brand inspector shall follow the provisions of retention and relinquishment as outlined in (4.2) apply.(4.6) When a bill of sale, brand clearance, certificate of inspection, purchase sheet, or animal health or testing certificate is not obtainable and all avenues have been exhausted in attempting to acquire said documents, the brand inspector shall request one or more of the following best evidence documents: Breed registration certificates, scale tickets, disclaimers of interest, court orders, security agreements, powers of attorney, bill of lading, canceled checks; affidavit and/or rely on such other facts, statements or circumstances that, taken in whole or in part, causes the brand inspector to believe that proof of ownership is established.54 Neb. Admin. Code, ch. 10, § 4
Adopted effective 11/26/2014.