Nebraska Administrative Code › Topic - BRAND COMMITTEE › Title 54 - NEBRASKA BRAND COMMITTEE RULES AND REGULATIONS › Chapter 10 - Proof of Ownership Documents › Section 54-10-4 - Inspection and Documentation Requirements

Current through June 17, 2024
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.