reglab/housing_qa huggingface dataset:
NE Code § 2-3959 (2021)
2021 Nebraska Revised Statutes|Chapter 2 - Agriculture|2-3959 - Assessment; payment; procedures.

2-3959.  Assessment; payment; procedures.The assessment prescribed in section 2-3958 shall be paid by producers at the time of first sale or delivery of milk for commercial use and shall be collected by the first purchaser of milk except as provided in this section. The first purchaser of milk shall remit the assessment to the board when the first purchaser of milk issues the milk payroll to producers. When milk is sold by producers to nonresident first purchasers of milk, the nonresident first purchaser of milk shall remit the assessments to the board. Producer-processors shall remit the assessments to the board. All assessments shall be remitted to the board not later than the last day of the month following the month in which the milk was commercially used, and a report shall be filed by the person responsible for remitting the assessment at the time that the assessment is remitted. The board shall make proper refunds to producers pursuant to subdivision (8)(e) of section 2-3949 at least quarterly. The board shall promulgate rules and regulations concerning the payment, remittance, refunding, and reporting of assessments. All money collected by the board shall be remitted to the State Treasurer for credit to the Nebraska Dairy Industry Development Fund.Source  Laws 1992, LB 275, § 12.
NE Code § 2-3960 (2021)
2021 Nebraska Revised Statutes|Chapter 2 - Agriculture|2-3960 - Nebraska Dairy Industry Development Fund; created; use; investment.

2-3960.  Nebraska Dairy Industry Development Fund; created; use; investment.The Nebraska Dairy Industry Development Fund is hereby created. Money in the fund shall be used for the administration of the Dairy Industry Development Act, including advertising and promotion, market research, nutrition and product research and development, and nutrition and educational programs. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.Source   Laws 1992, LB 275, § 13;   Laws 1994, LB 1066, § 7. Cross References   Nebraska Capital Expansion Act, see section 72-1269.  Nebraska State Funds Investment Act, see section 72-1260.
NE Code § 2-3961 (2021)
2021 Nebraska Revised Statutes|Chapter 2 - Agriculture|2-3961 - Use of funds; limitations.

2-3961.  Use of funds; limitations.The board shall not set up programs or agencies of its own but shall fund active, ongoing, qualified programs as stated in section 114 of the Dairy Production Stabilization Act of 1983, Public Law 98-180, as amended, and the regulations promulgated pursuant thereto. Funds may be used by qualified programs to jointly sponsor projects with any private or public organization to meet the objectives of the Dairy Industry Development Act.Source  Laws 1992, LB 275, § 14.
NE Code § 2-3962 (2021)
2021 Nebraska Revised Statutes|Chapter 2 - Agriculture|2-3962 - Board; report; contents.

2-3962.  Board; report; contents.The board shall prepare a report on or before October 1 of each year setting forth the income received from the assessments collected in accordance with section 2-3958 for the preceding fiscal year, and the report shall include:(1) The expenditure of funds by the board during the year for the administration of the Dairy Industry Development Act;(2) A brief description of all contracts requiring the expenditure of funds by the board;(3) The action taken by the board on all such contracts;(4) An explanation of all programs relating to the discovery, promotion, and development of markets and industries for the utilization of dairy products and the direct expense associated with each program;(5) The name and address of each member of the board; and(6) A brief description of the rules, regulations, and orders adopted and promulgated by the board.The board shall submit the report electronically to the Clerk of the Legislature and shall make the report available to the public upon request.Source   Laws 1992, LB 275, § 15;  Laws 2013, LB222, § 1.
NE Code § 2-3963 (2021)
2021 Nebraska Revised Statutes|Chapter 2 - Agriculture|2-3963 - Violations; penalties; unpaid assessment; late payment fee.

2-3963.  Violations; penalties; unpaid assessment; late payment fee.(1) Any person violating any of the provisions of the Dairy Industry Development Act shall be guilty of a Class III misdemeanor.(2) Any unpaid assessment shall be increased one and one-half percent each month beginning with the day following the date such assessment was due. Any remaining amount due, including any unpaid charges previously made pursuant to this section, shall be increased at the same rate on the corresponding day of each succeeding month until paid.(3) For purposes of this section, any assessment that was determined at a date later than prescribed by section 2-3959 because of the failure to submit a report to the board when due shall be considered to have been payable on the date it would have been due if the report had been timely filed. The timeliness of a payment to the board shall be based on the applicable postmarked date or the date actually received by the board, whichever is earlier. Any assessments and late payment fees may be recovered by action commenced by the board.(4) The remedies provided in this section shall be in addition to and not exclusive of other remedies that may be available by law or in equity.Source  Laws 1992, LB 275, § 16.
NE Code § 2-3965 (2021)
2021 Nebraska Revised Statutes|Chapter 2 - Agriculture|2-3965 - Act, how cited; provisions adopted by reference; copies.

2-3965.  Act, how cited; provisions adopted by reference; copies.(1) Sections 2-3965 to 2-3992 and the publications adopted by reference in subsections (2) and (3) of this section shall be known and may be cited as the Nebraska Milk Act.(2) The Legislature adopts by reference the following official documents of the National Conference on Interstate Milk Shipments as published by the United States Department of Health and Human Services, United States Public Health Service/Food and Drug Administration:(a) Grade A Pasteurized Milk Ordinance, 2017 Revision, as delineated in subsection (3) of this section;(b) Methods of Making Sanitation Ratings of Milk Shippers, 2017 Revision;(c) Procedures Governing the Cooperative State-Public Health Service/Food and Drug Administration Program of the National Conference on Interstate Milk Shipments, 2017 Revision; and(d) Evaluation of Milk Laboratories, 2017 Revision.(3) All provisions of the Grade A Pasteurized Milk Ordinance, 2017 Revision, including footnotes relating to requirements for cottage cheese, and the appendixes with which the ordinance requires mandatory compliance are adopted with the following exceptions:(a) Section 9 of the ordinance is replaced by section 2-3969;(b) Section 15 of the ordinance is replaced by section 2-3970;(c) Section 16 of the ordinance is replaced by section 2-3974;(d) Section 17 of the ordinance is not adopted;(e) Section 3 of the ordinance, Administrative Procedures, Issuance of Permits, is adopted with the following modifications:(i) The department may suspend a permit for a definite period of time or place the holder of a permit on probation upon evidence of violation by the holder of any of the provisions of the Nebraska Milk Act; and(ii) Decisions of the department may be appealed and such appeals shall be in accordance with the Administrative Procedure Act; and(f) Section 1 of the ordinance, Definitions, is adopted except for paragraph DD.(4) Copies of the Ordinance, the Appendixes, and the publications, adopted by reference, shall be filed in the offices of the Secretary of State, Clerk of the Legislature, and Department of Agriculture. The copies filed with the Clerk of the Legislature shall be filed electronically.Source   Laws 1980, LB 632, § 1;   Laws 1986, LB 900, § 1;   Laws 1990, LB 856, § 2;   Laws 1992, LB 366, § 2;   Laws 1997, LB 201, § 1;  Laws 2001, LB 198, § 1;   R.S.Supp.,2006, § 2-3901;  Laws 2007, LB111, § 1;  Laws 2013, LB67, § 1;  Laws 2013, LB222, § 2;  Laws 2019, LB333, § 1.  Cross References  Administrative Procedure Act, see section 84-920.
NE Code § 2-3966 (2021)
2021 Nebraska Revised Statutes|Chapter 2 - Agriculture|2-3966 - Terms, defined.

2-3966.  Terms, defined.For purposes of the Nebraska Milk Act, unless the context otherwise requires:(1) 3-A Sanitary Standards has the same meaning as in the Grade A Pasteurized Milk Ordinance;(2) Acceptable milk means milk that qualifies under sections 2-3979 to 2-3982 as to sight and odor and that is classified acceptable for somatic cells, bacterial content, drug residues, and sediment content;(3) Components of milk means whey, whey and milk protein concentrate, whey cream, cream, butter, skim milk, condensed milk, ultra-filtered milk, milk powder, dairy blends that are at least fifty-one percent dairy components, and any similar milk byproduct;(4) C-I-P or cleaned-in-place means the procedure by which sanitary pipelines or pieces of dairy equipment are mechanically cleaned in place by circulation;(5) Dairy products means products allowed to be made from milk for manufacturing purposes and not required to be of Grade A quality;(6) Department means the Department of Agriculture;(7) Director means the Director of Agriculture or his or her duly authorized agent or designee;(8) Field representative means an individual qualified and trained in the sanitary methods of production and handling of milk as set forth in the Nebraska Milk Act and who is generally employed by a processing or manufacturing milk plant or cooperative for the purpose of quality control work;(9) First purchaser means a person who purchases raw milk directly from the farm for processing or for resale to a processor, who purchases milk products or components of milk for processing or resale to a processor, or who utilizes milk from the first purchaser's own farm for the manufacturing of milk products or dairy products;(10) Grade A Pasteurized Milk Ordinance means the documents delineated in subsection (3) of section 2-3965;(11) Milk for manufacturing purposes means milk produced for processing and manufacturing into products not required by law to be of Grade A quality;(12) Milk distributor means a person who distributes milk, fluid milk, milk products, or dairy products whether or not the milk is shipped within or into the state. The term does not include a milk plant, a bulk milk hauler/sampler, or a milk producer, as such terms are defined in the Grade A Pasteurized Milk Ordinance, or a food establishment, as defined in the Nebraska Pure Food Act;(13) Probational milk means milk classified undergrade for somatic cells, bacterial content, or sediment content that may be accepted by plants for specific time periods; and(14) Reject milk means milk that does not qualify under sections 2-3979 to 2-3982.Source   Laws 1969, c. 5, § 3, p. 69;   R.S.1943, (1976), § 81-263.89;   Laws 1980, LB 632, § 14;   Laws 1981, LB 333, § 1;   Laws 1986, LB 900, § 12;   Laws 1988, LB 871, § 19;   Laws 1990, LB 856, § 6;   Laws 1993, LB 121, § 77;   Laws 1993, LB 268, § 1;  Laws 2001, LB 198, § 7;   R.S.Supp.,2006, § 2-3914;  Laws 2007, LB111, § 2;  Laws 2013, LB67, § 2;  Laws 2019, LB333, § 2.  Cross References  Nebraska Pure Food Act, see section 81-2,239.
NE Code § 2-3967 (2021)
2021 Nebraska Revised Statutes|Chapter 2 - Agriculture|2-3967 - Activities regulated.

2-3967.  Activities regulated.The Nebraska Milk Act shall be used for the regulation of: (1) The production, transportation, processing, handling, sampling, examination, grading, labeling, and sale of all milk and milk products; (2) the inspection of dairy herds, dairy farms, milk plants, plants fabricating single-service articles, transfer stations, receiving stations, milk haulers, and milk distributors; and (3) the issuance, suspension, and revocation of permits.Source   Laws 1980, LB 632, § 2;   Laws 1986, LB 900, § 2;   Laws 1990, LB 856, § 3;   Laws 1997, LB 201, § 2;  Laws 2001, LB 198, § 2;   R.S.Supp.,2006, § 2-3902;  Laws 2007, LB111, § 3.
NE Code § 2-3968 (2021)
2021 Nebraska Revised Statutes|Chapter 2 - Agriculture|2-3968 - Grade A milk producer permit; manufacturing grade milk producer permit; label restrictions.

2-3968.  Grade A milk producer permit; manufacturing grade milk producer permit; label restrictions.(1) A milk producer shall receive a Grade A milk producer permit if the milk produced is in conformance with all requirements of the Nebraska Milk Act for Grade A milk or milk products.(2) A milk producer shall receive a manufacturing grade milk producer permit if the milk produced is in conformance with all requirements of the Nebraska Milk Act for manufacturing grade milk or dairy products.(3) Dairy products made from milk for manufacturing purposes shall not be labeled with the Grade A designation.Source Laws 2007, LB111, § 4.
NE Code § 2-3969 (2021)
2021 Nebraska Revised Statutes|Chapter 2 - Agriculture|2-3969 - Sale of milk and milk products; conditions.

2-3969.  Sale of milk and milk products; conditions.(1) Except as provided in subsections (2) and (3) of this section, only milk and milk products from approved sources with an appropriate permit issued by the department or a similar regulatory authority of another state shall be sold to the final consumer or to restaurants, soda fountains, grocery stores, or similar establishments.(2) In an emergency, the sale of pasteurized milk and milk products which have not been graded or the grade of which is unknown may be authorized by the regulatory agency, in which case such milk and milk products shall be labeled as ungraded.(3) Milk and cream produced by farmers exclusively for sale at the farm directly to customers for consumption and not for resale shall be exempt from the Nebraska Milk Act.(4) If the permit of a Grade A milk producer is suspended for sanitary or milk quality violations, the producer may market milk, for manufacturing purposes only, for an interim period not to exceed sixty days with the approval of the department, if the milk meets the criteria of manufacturing grade milk.Source   Laws 1980, LB 632, § 3;   Laws 1986, LB 900, § 3;   Laws 1997, LB 201, § 3;   R.S.1943, (1997), § 2-3903;  Laws 2007, LB111, § 5.
NE Code § 2-3970 (2021)
2021 Nebraska Revised Statutes|Chapter 2 - Agriculture|2-3970 - Act; administration and enforcement.

2-3970.  Act; administration and enforcement.The Nebraska Milk Act shall be administered and enforced by the department.Source   Laws 1980, LB 632, § 4;   Laws 1986, LB 900, § 4;   R.S.1943, (1997), § 2-3904;  Laws 2007, LB111, § 6.
NE Code § 2-3972 (2021)
2021 Nebraska Revised Statutes|Chapter 2 - Agriculture|2-3972 - Adulteration or misbranding; stop-sale, stop-use, or removal order; issuance; hearing.

2-3972.  Adulteration or misbranding; stop-sale, stop-use, or removal order; issuance; hearing.Whenever a regulatory agency finds milk or milk products being manufactured, processed, transported, distributed, offered for sale, or sold, in violation of the adulteration or misbranding provisions of the Nebraska Milk Act, it shall have the authority to issue and enforce a written or printed stop-sale, stop-use, or removal order to the person in charge of such milk or milk product only if the issuance of such an order is necessary for the protection of the public health, safety, or welfare. Such an order shall specifically describe the nature of the violation found and the precise action necessary to bring the milk or milk products into compliance with the applicable provisions of the act. Such an order shall clearly advise the person in charge of the milk or milk products that he or she may request an immediate hearing before the director or his or her designee on the matter. The issuance of orders under this section shall be limited to instances in which no alternative course of action would sufficiently protect the public health, safety, or welfare.Source   Laws 1980, LB 632, § 7;  Laws 2001, LB 198, § 4;   R.S.Supp.,2006, § 2-3907;  Laws 2007, LB111, § 8.
NE Code § 2-3973 (2021)
2021 Nebraska Revised Statutes|Chapter 2 - Agriculture|2-3973 - Department; rules and regulations.

2-3973.  Department; rules and regulations.The department may adopt and promulgate reasonable rules and regulations to carry out the Nebraska Milk Act.Source   Laws 1980, LB 632, § 8;   Laws 1986, LB 900, § 7;  Laws 2001, LB 198, § 5;   R.S.Supp.,2006, § 2-3908;  Laws 2007, LB111, § 9.
NE Code § 2-3974 (2021)
2021 Nebraska Revised Statutes|Chapter 2 - Agriculture|2-3974 - Violation; restraining order or injunction; prohibited acts; penalty; county attorney; duties.

2-3974.  Violation; restraining order or injunction; prohibited acts; penalty; county attorney; duties.(1) The department may apply for a restraining order or a temporary or permanent injunction against any person violating or threatening to violate the Nebraska Milk Act or the rules and regulations adopted and promulgated pursuant to the act in order to insure compliance with the provisions thereof. The district court of the county where the violation is occurring or is about to occur shall have jurisdiction to grant such relief upon good cause shown. Relief may be granted notwithstanding the existence of other remedies at law and shall be granted without bond.(2) Any person violating the act or who impedes, obstructs, hinders, or otherwise prevents or attempts to prevent the director in the performance of his or her duties in connection with the enforcement of the act or the rules and regulations adopted and promulgated by the department is guilty of a Class V misdemeanor.(3) It shall be the duty of the county attorney of the county in which violations of the act are occurring or are about to occur, when notified of such violations or threatened violations by the department, to cause appropriate proceedings under subsection (1) of this section to be instituted and pursued in the district court without delay.Source   Laws 1980, LB 632, § 9;   Laws 1986, LB 900, § 8;   R.S.1943, (1997), § 2-3909;  Laws 2007, LB111, § 10.
NE Code § 2-3975 (2021)
2021 Nebraska Revised Statutes|Chapter 2 - Agriculture|2-3975 - Director; surveys of milksheds; make and publish results.

2-3975.  Director; surveys of milksheds; make and publish results.The director shall make and publish the results of periodic surveys of milksheds to determine the degree of compliance with the sanitary requirements for the production, processing, handling, distribution, sampling, and hauling of milk and milk products as provided in the Nebraska Milk Act. The director shall have the power to adopt and promulgate reasonable rules and regulations in accordance with the procedure defined in the Administrative Procedure Act for the interpretation and enforcement of this section. Such a survey or rating of a milkshed shall follow the procedures prescribed by the United States Department of Health and Human Services, United States Food and Drug Administration, in its documents, as delineated in section 2-3965, entitled Methods of Making Sanitation Ratings of Milk Shippers and Procedures Governing the Cooperative State-Public Health Service/Food and Drug Administration Program of the National Conference on Interstate Milk Shipments.Source   Laws 1980, LB 632, § 10;   Laws 1986, LB 900, § 9;   Laws 1990, LB 856, § 4;   Laws 1995, LB 406, § 1;   Laws 1997, LB 201, § 4;  Laws 2001, LB 198, § 6;   R.S.Supp.,2006, § 2-3910;  Laws 2007, LB111, § 11;  Laws 2013, LB67, § 4. Cross References  Administrative Procedure Act, see section 84-920.
NE Code § 2-3976 (2021)
2021 Nebraska Revised Statutes|Chapter 2 - Agriculture|2-3976 - Pure Milk Cash Fund; created; use; investment.

2-3976.  Pure Milk Cash Fund; created; use; investment.All fees paid to the department in accordance with the Nebraska Milk Act shall be remitted to the State Treasurer for credit to the Pure Milk Cash Fund, which fund is hereby created. All money credited to the fund shall be appropriated to the uses of the department to aid in defraying the expenses of administering the act. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.Source   Laws 1980, LB 632, § 11;   Laws 1986, LB 900, § 10;   Laws 1995, LB 7, § 23;   R.S.1943, (1997), § 2-3911;  Laws 2007, LB111, § 12;  Laws 2013, LB67, § 5. Cross References   Nebraska Capital Expansion Act, see section 72-1269.  Nebraska State Funds Investment Act, see section 72-1260.
NE Code § 2-3977 (2021)
2021 Nebraska Revised Statutes|Chapter 2 - Agriculture|2-3977 - Field representative; powers; field representative permit; applicant; qualifications.

2-3977.  Field representative; powers; field representative permit; applicant; qualifications.(1) Milk plants or any entity purchasing raw milk from producers holding a permit under the Nebraska Milk Act may employ, contract with, or otherwise provide for the services of a competent and qualified field representative who may:(a) Inform new producers about the requirements of dairy farm sanitation and assist dairy producers with milk quality problems;(b) Collect and submit samples at the request of the department; and(c) Advise the department of any circumstances that could be of public health significance.(2) An applicant for a field representative permit shall be trained in the sanitation practices for the sampling, care of samples, and milk hauling requirements of the Nebraska Milk Act. Prior to obtaining a field representative permit, the applicant shall take and pass an examination approved by the department and shall pay the permit fee set forth in section 2-3971. The permit shall expire on July 31 of the year following issuance.Source  Laws 2007, LB111, § 13;  Laws 2013, LB67, § 6.
NE Code § 2-3978 (2021)
2021 Nebraska Revised Statutes|Chapter 2 - Agriculture|2-3978 - Public policy.

2-3978.  Public policy.It is hereby recognized and declared as a matter of legislative determination that in the field of human nutrition, safe, clean, wholesome milk is indispensable to the health and welfare of the citizens of the State of Nebraska; that milk is a perishable commodity susceptible to contamination and adulteration; that the production and distribution of an adequate supply of clean, safe, and wholesome milk are significant to sound health; and that minimum standards are declared to be necessary for the production and distribution of milk and milk products.Source   Laws 1969, c. 5, § 2, p. 69;   R.S.1943, (1976), § 81-263.88;   Laws 1980, LB 632, § 13;   R.S.1943, (1997), § 2-3913;  Laws 2007, LB111, § 14.
NE Code § 2-3979 (2021)
2021 Nebraska Revised Statutes|Chapter 2 - Agriculture|2-3979 - Classification of raw milk.

2-3979.  Classification of raw milk.The classification of raw milk for manufacturing purposes shall be based on sight and odor and quality control tests for somatic cells, bacterial content, sediment content, and drug residues. Classification shall be either acceptable, probational, or reject.Source   Laws 1969, c. 5, § 4, p. 72;   R.S.1943, (1976), § 81-263.90;   Laws 1980, LB 632, § 15;   Laws 1981, LB 333, § 1;   Laws 1986, LB 900, § 13;   Laws 1993, LB 268, § 2;  Laws 2001, LB 198, § 8;   R.S.Supp.,2006, § 2-3915;  Laws 2007, LB111, § 15.
NE Code § 2-3980 (2021)
2021 Nebraska Revised Statutes|Chapter 2 - Agriculture|2-3980 - Flavor and odor of acceptable raw milk for manufacturing purposes.

2-3980.  Flavor and odor of acceptable raw milk for manufacturing purposes.The odor of acceptable raw milk for manufacturing purposes shall be fresh and sweet. The milk shall be free from objectionable feed and other off-odors that would adversely affect the finished product, and it shall not show any abnormal condition, including, but not limited to, curdled, ropy, bloody, or mastitic condition, as indicated by sight or odor.Source   Laws 1969, c. 5, § 5, p. 72;   R.S.1943, (1976), § 81-263.91;   Laws 1980, LB 632, § 16;   R.S.1943, (1997), § 2-3916;  Laws 2007, LB111, § 16.