reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 88 - Warehouses › 88-547.01 - Deposit of grain; how treated; priority of liens; effect.

88-547.01.
Deposit of grain; how treated; priority of liens; effect.
(1) For purposes of the Grain Warehouse Act, whenever any grain is physically deposited into any public warehouse and a scale ticket or warehouse receipt is issued therefor, such deposit shall be grain in storage. Such deposit does not constitute a sale of the grain, except grain deposited by priced scale ticket or signed contract passing title to the warehouse licensee.
(2) Upon the commission's closure of a warehouse and taking title to grain within the warehouse pursuant to section 88-547, grain contained in a warehouse, including grain owned by the warehouse licensee, is subject to a first priority lien in favor of valid owners, depositors, or storers of grain who are holders of evidence of ownership of grain. The lien created under this section shall be preferred to any lien or security interest in favor of any creditor of the warehouse licensee regardless of the time when the creditor's lien or security interest attached to the grain. Notice of the lien created under this section need not be filed in order to perfect the lien. All the grain in the warehouse, whether stored or not, first shall be applied at all times to the satisfaction of all valid owners, depositors, or storers of grain who hold evidence of ownership of grain.
(3) In the event no distribution is made pursuant to subdivision (1) of section 88-547 and the commission transfers title to the grain back to the warehouse or to another person, then the first priority lien created under this section shall terminate. Nothing in this section shall affect any other rights, including rights of ownership in grain stored at the warehouse, of valid owners, depositors, or storers of grain who are holders of evidence of ownership of grain. Nothing in this section shall prevent the commission from subsequently closing the warehouse and taking other action pursuant to section 88-547.
Source
Laws 2005, LB 492, § 3.
2023 Nebraska Revised Statutes › Chapter 88 - Warehouses › 88-547.02 - Judicial proceeding; notice required.

88-547.02.
Judicial proceeding; notice required.
Prior to or within ten days after any creditor of the warehouse licensee commences a judicial proceeding to reduce to judgment, foreclose, or otherwise enforce any claim on a creditor's lien or security interest attached to grain contained in the warehouse, the creditor shall serve written notice on the executive director of the commission.
Source
Laws 2005, LB 492, § 4.
2023 Nebraska Revised Statutes › Chapter 88 - Warehouses › 88-548 - Federal licensee; exemption from act; duties; commission; grain probe; duties; violation; penalty.

88-548.
Federal licensee; exemption from act; duties; commission; grain probe; duties; violation; penalty.
(1) Any grain dealer, person, firm, corporation, or association in this state licensed under the United States Warehouse Act shall be exempt from the Grain Warehouse Act, except that each licensee under the United States Warehouse Act shall (a) annually notify the commission in writing of such license and shall notify the commission at once in writing if the license is terminated, canceled, or suspended and (b) post notification of such licensee's bond under the United States Warehouse Act in a conspicuous place of business listing the total amount of bond on the stored grain.
(2) No warehouse licensee, licensee under the United States Warehouse Act, or grain dealer licensed pursuant to section 75-903 shall use end-intake air probes which use a vacuum to collect a sample from a load of grain to determine foreign material content. The commission shall adopt and promulgate rules and regulations regarding approval of grain probes. Any person who violates this subsection shall be guilty of a Class I misdemeanor.
Source
Laws 1987, LB 164, § 24.
2023 Nebraska Revised Statutes › Chapter 88 - Warehouses › 88-549 - Warehouse; notice to person storing grain; violation; penalty.

88-549.
Warehouse; notice to person storing grain; violation; penalty.
At least once each calendar year and not later than one year from the date of receipt of the previous written notice, each warehouse licensee shall send written notice to each person who stores grain in such warehouse at such person's last-known address specifying the type and amount of grain in storage, the location at which the grain is being stored, and the current rate of storage. Any warehouse licensee who violates this section shall be guilty of a Class V misdemeanor.
Source
Laws 1987, LB 164, § 25;
Laws 1992, LB 366, § 65.
2023 Nebraska Revised Statutes › Chapter 88 - Warehouses › 88-550 - Grain dust inspections; Department of Environment and Energy; commission; duties.

88-550.
Grain dust inspections; Department of Environment and Energy; commission; duties.
The Department of Environment and Energy and the commission shall, during the course of their regular inspections required by law, inspect warehouses for conditions which are or may be conducive to grain dust explosions. Such conditions shall include, but not be limited to, the presence at the warehouse of excessive grain dust, faulty equipment, or any other condition which could reasonably lead to an explosion if not corrected. The department and commission shall report any such condition to the State Fire Marshal as soon as practicable after each inspection.
Source
Laws 1987, LB 164, § 26;
Laws 1993, LB 3, § 73;
Laws 2019, LB302, § 178.
2023 Nebraska Revised Statutes › Chapter 88 - Warehouses › 88-551 - Fees; where credited.

88-551.
Fees; where credited.
Except as provided in sections 88-527, 88-545.01, and 88-552, all fees collected pursuant to the Grain Warehouse Act shall be paid to the State Treasurer and credited to the General Fund.
Source
Laws 1987, LB 164, § 27;
Laws 1996, LB 1123, § 6.
2023 Nebraska Revised Statutes › Chapter 88 - Warehouses › 88-552 - Nebraska Grain Warehouse Surveillance Cash Fund; created; use; investment.

88-552.
Nebraska Grain Warehouse Surveillance Cash Fund; created; use; investment.
There is hereby created in the state treasury a fund to be known as the Nebraska Grain Warehouse Surveillance Cash Fund. Such fund shall be used solely for disbursing funds and receiving reimbursement for services performed by the commission in the suspension or termination of a warehouse operation, except that transfers may be made from the fund to the General Fund at the direction of the Legislature. All money received by the commission for such services shall be remitted to the State Treasurer for credit to the Nebraska Grain Warehouse Surveillance Cash Fund. 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 1986, LB 137, § 1;
R.S.1943, (1981), § 88-502.02;
Laws 1987, LB 164, § 28;
Laws 1995, LB 7, § 154;
Laws 2009, First Spec. Sess., LB3, § 100.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 89 - Weights and Measures › 89-184 - Units of measurement; recognition.

89-184.
Units of measurement; recognition.
The customary units of measurement in use in the United States and the metric units of measurement are jointly recognized, and either one or both of these systems shall be used in commerce within the state. The definitions of basic units of measurement and the tables of measurement and equivalents as published by the National Institute of Standards and Technology are recognized and shall govern weighing and measuring devices, standards, and transactions in the state.
Source
Laws 1972, LB 1413, § 2;
Laws 1991, LB 356, § 7.
2023 Nebraska Revised Statutes › Chapter 89 - Weights and Measures › 89-185 - Standards; primary and secondary.

89-185.
Standards; primary and secondary.
Standards that are traceable to the United States prototype standards supplied by the federal government or approved as being satisfactory by the National Institute of Standards and Technology shall be the primary standards of measurement and shall be maintained so that they are traceable to the National Institute of Standards and Technology. All secondary standards may be prescribed by the director and shall be verified upon their initial receipt and as often thereafter as deemed necessary by the director.
Source
Laws 1972, LB 1413, § 3;
Laws 1991, LB 356, § 8;
Laws 2003, LB 161, § 2.
2023 Nebraska Revised Statutes › Chapter 89 - Weights and Measures › 89-186 - Handbooks; adoption by reference.

89-186.
Handbooks; adoption by reference.
(1) The Legislature hereby adopts by reference the following:
(a) The standards of the National Conference on Weights and Measures published in National Institute of Standards and Technology Handbook 44 entitled Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices as it existed on January 1, 2019, except Section 3.31. Vehicle - Tank meters. UR.2.2. Ticket Printer, Customer Ticket, Section 2.20. Scales, N.3. Minimum Test Weights and Test Loads; and Table 4, are not adopted. In addition to the language found in Section 3.30. Liquid-Measuring Devices, S.1.6.4., S.1.6.5., UR.3.2., and UR.3.3. of such handbook, any computing device in which a product or grade is offered for sale at more than one unit price may also compute at the lowest possible unit price for such transaction. All prices shall still be displayed or posted on the face of the dispenser. Such handbook shall govern all commercial and law enforcement weighing and measuring devices in the state;
(b) The Uniform Regulation for the Method of Sale of Commodities of the National Conference on Weights and Measures published in National Institute of Standards and Technology Handbook 130 entitled Uniform Laws and Regulations in the Areas of Legal Metrology and Engine Fuel Quality as it existed on January 1, 2019. Such handbook shall be used to determine the proper units of measurement to be used in the keeping for sale or sale of commodities;
(c) The Uniform Packaging and Labeling Regulation of the National Conference on Weights and Measures published in National Institute of Standards and Technology Handbook 130 entitled Uniform Laws and Regulations in the Areas of Legal Metrology and Engine Fuel Quality as it existed on January 1, 2019. Such handbook shall govern the packaging and labeling by weight, measure, or count of commodities kept for sale or sold in this state; and
(d) The procedures designated in National Institute of Standards and Technology Handbook 133 entitled Checking the Net Contents of Packaged Goods as it existed on January 1, 2019.
(2) Copies of the handbooks adopted by reference in this section shall be filed with the Secretary of State, Clerk of the Legislature, and Department of Agriculture. Copies filed with the Clerk of the Legislature shall be filed electronically.
(3) Whenever there exists an inconsistency between the provisions of the Weights and Measures Act other than this section and any of the handbooks adopted by reference, the requirements of such provisions of the act shall control.
Source
Laws 1972, LB 1413, § 4;
Laws 1980, LB 633, § 6;
Laws 1991, LB 356, § 9;
Laws 1992, LB 366, § 67;
Laws 1993, LB 267, § 28;
Laws 1999, LB 473, § 2;
Laws 2003, LB 161, § 3;
Laws 2013, LB222, § 46;
Laws 2020, LB835, § 5.
2023 Nebraska Revised Statutes › Chapter 89 - Weights and Measures › 89-186.01 - Commercial weighing and measuring devices; Certificate of Conformance; required; when.

89-186.01.
Commercial weighing and measuring devices; Certificate of Conformance; required; when.
(1) No person shall sell a commercial weighing and measuring device within the State of Nebraska unless a Certificate of Conformance has been issued for the device except when the device is exempted by subsection (6) of this section.
(2) No person shall use a commercial weighing and measuring device within the State of Nebraska unless a Certificate of Conformance has been issued for the device prior to use except when the device is exempted by subsection (3), (4), or (5) of this section.
(3) Commercial weighing and measuring devices in service in Nebraska prior to September 6, 1991, which meet the specifications, tolerances, and other technical requirements of National Institute of Standards and Technology Handbook 44 shall be exempt from meeting the requirements for the Certificate of Conformance.
(4) Commercial weighing and measuring devices removed from service by the owner or on which the department has issued a removal order after September 6, 1991, and returned to service at a later date shall be modified to meet all specifications, tolerances, and other technical requirements of National Institute of Standards and Technology Handbook 44 adopted by the Legislature on the date of the return to service. Such commercial weighing and measuring devices shall not be required to have been issued a Certificate of Conformance.
(5) Commercial weighing and measuring devices in service prior to September 6, 1991, which are modified after such date shall meet all specifications, tolerances, and other technical requirements of National Institute of Standards and Technology Handbook 44 adopted by the Legislature on the date of the modification. Such commercial weighing and measuring devices shall not be required to have been issued a Certificate of Conformance.
(6) Commercial weighing and measuring devices in service prior to September 6, 1991, and sold after such date shall be modified by the seller, unless the buyer and seller agree by contract to exchange the modification responsibility, to meet all specifications, tolerances, and other technical requirements of National Institute of Standards and Technology Handbook 44 adopted by the Legislature on the date sold. Such commercial weighing and measuring devices shall not be required to have been issued a Certificate of Conformance.
Source
Laws 1991, LB 356, § 10;
Laws 1999, LB 473, § 3.
2023 Nebraska Revised Statutes › Chapter 89 - Weights and Measures › 89-187.01 - Weighing and measuring establishment; permit required.

89-187.01.
Weighing and measuring establishment; permit required.
A person shall not operate a weighing and measuring establishment in the State of Nebraska unless such person holds a valid permit from the department. If the permitholder has more than one location with commercial weighing and measuring devices, he or she shall have a permit for each location.
Source
Laws 1991, LB 356, § 12;
Laws 2020, LB835, § 7.
2023 Nebraska Revised Statutes › Chapter 89 - Weights and Measures › 89-187.02 - Permit; application; fee.

89-187.02.
Permit; application; fee.
Application for a permit to operate a weighing and measuring establishment shall be made to the director on forms prescribed and furnished by the department. Such application shall include the full name and mailing address of the applicant; the names and addresses of any partners, members, or corporate officers; the name and address of the person authorized by the applicant to receive notices and orders of the department as provided in the Weights and Measures Act; whether the applicant is an individual, partnership, limited liability company, corporation, or other legal entity; and the location and type of all commercial weighing and measuring devices. An application for a permit shall be made prior to the operation of a weighing and measuring establishment. The application shall be accompanied by a one-time permit fee of five dollars and the annual device registration and inspection fees required in section 89-187. The full annual device registration and inspection fees are required regardless of when during the year the device is put into operation.
Source
Laws 1991, LB 356, § 13;
Laws 1993, LB 121, § 566;
Laws 1997, LB 752, § 233;
Laws 1999, LB 473, § 5;
Laws 2003, LB 161, § 5;
Laws 2016, LB909, § 14;
Laws 2020, LB835, § 8.
2023 Nebraska Revised Statutes › Chapter 89 - Weights and Measures › 89-187.03 - Permit; placed-in-service report or inspection; denial of permit; procedure.

89-187.03.
Permit; placed-in-service report or inspection; denial of permit; procedure.
Before issuing a permit to operate a weighing and measuring establishment, the director shall receive a placed-in-service report from a repairperson, who is registered with the department, or inspect each weighing and measuring device to determine whether the applicant qualifies to hold a permit pursuant to subsection (1) of section 89-187.07 except when the requirements of section 89-187.04 have been met. A placed-in-service report shall be in the form prescribed by the department. A weighing and measuring establishment receiving a placed-in-service report for all of its weighing and measuring devices, passing inspection by the department, or meeting the requirements of section 89-187.04 and otherwise found to qualify to hold a permit pursuant to subsection (1) of section 89-187.07 shall be issued a permit. An applicant who does not receive a permit shall be notified in writing of the grounds for denial, and such applicant shall be afforded the opportunity of a hearing to present evidence that the establishment is qualified to hold a permit pursuant to subsection (1) of section 89-187.07 and should be issued a permit. All such hearings shall be in compliance with the Administrative Procedure Act.
Source
Laws 1991, LB 356, § 14.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 89 - Weights and Measures › 89-187.04 - Permit; placed-in-service report or inspection; when not required.

89-187.04.
Permit; placed-in-service report or inspection; when not required.
An applicant for a permit with commercial weighing and measuring devices registered with the department shall not be required to obtain a placed-in-service report or have such devices pass a new inspection when (1) the director determines that a new inspection is not necessary and (2) the devices have been properly registered for the previous year and all fees have been paid by the applicant.
Source
Laws 1991, LB 356, § 15.
2023 Nebraska Revised Statutes › Chapter 89 - Weights and Measures › 89-187.05 - Permit; posting; changes requiring notice to department.

89-187.05.
Permit; posting; changes requiring notice to department.
(1) A weighing and measuring establishment which has a permanent location for commercial weighing and measuring devices shall have a valid permit posted in a conspicuous place at the establishment, and there shall not be a change in ownership, location, or business name without the permitholder obtaining a new permit. Any permit for such establishment shall lapse automatically upon a change of ownership, location, or business name.
(2) A weighing and measuring establishment which does not have a permanent location for commercial weighing and measuring devices shall have a copy of a valid permit posted on or about each device and shall not have a change in ownership, business name, or permanent mailing address without the permitholder obtaining a new permit. Any permit for such establishment shall lapse automatically upon a change of ownership, business name, or permanent mailing address.
(3) The holder of any weighing and measuring establishment permit shall notify the department in writing at least thirty days prior to any change requiring a new permit under subsection (1) or (2) of this section. A permitholder shall notify the department in writing before there is a change of the name or address of the person authorized to receive notices and orders of the department. When an establishment is to be permanently closed, the permitholder shall return the permit to the department within one week after the closing.
Source
Laws 1991, LB 356, § 16;
Laws 1999, LB 473, § 6.
2023 Nebraska Revised Statutes › Chapter 89 - Weights and Measures › 89-187.06 - Permit; governmental agencies; exempt.

89-187.06.
Permit; governmental agencies; exempt.
Weighing and measuring devices used by governmental agencies shall be exempt from the requirements of sections 89-187.01 to 89-187.05.
Source
Laws 1991, LB 356, § 17.
2023 Nebraska Revised Statutes › Chapter 89 - Weights and Measures › 89-188 - Director; powers.

89-188.
Director; powers.
When necessary for the enforcement of the Weights and Measures Act or the rules and regulations adopted pursuant to the act, the director may:
(1) Enter any commercial premises during normal business hours, except that in the event such premises are not open to the public, the director shall first present his or her credentials and obtain consent before making entry thereto unless a search warrant has previously been obtained;
(2) Issue stop-use, hold, and removal orders with respect to any commercial weighing and measuring device and stop-sale, hold, and removal orders with respect to any commodity kept for sale or sold;
(3) Seize, for use as evidence, without formal warrant, any commercial weighing and measuring device which is not correct or is not approved by the department or commodity found to be used, kept for sale, or sold in violation of the provisions of the act or the rules and regulations;
(4) Stop any commercial vehicle from which commodities are kept for sale, sold, or in the process of delivery on the basis of weight, measure, or count and, after presentment of his or her credentials, inspect the contents, require that the person in charge of that vehicle produce any documents in his or her possession concerning the contents, and require him or her to proceed with the vehicle to a specified place for inspection;
(5) Charge and collect all fees prescribed by the act and the rules or regulations;
(6) Access all books, papers, and other information necessary for the enforcement of the act. If after inspection the director finds or has reason to believe that the requirements set forth in the act are not being met, he or she shall have access to all books, papers, records, bills of lading, invoices, and other pertinent data relating to the use, sale, or representation of any commodity including weighing and measuring devices within this state;
(7) Cooperate with and enter into agreements with any person in order to carry out the purposes of the act;
(8) Inspect weighing and measuring devices which are not required to be registered upon the request of the owner of such devices and seek reimbursement for the actual cost of the inspection;
(9) Establish an authorized laboratory under the National Conference on Weights and Measures, National Type Evaluation Program, and conduct field testing of weighing and measuring devices to determine if such devices meet the requirements in order to issue a Certificate of Conformance. The department shall be reimbursed for the actual cost of such tests by the person seeking such certification; and
(10) Enter into a settlement with any person regarding the disposition of any permit or cease and desist order.
Source
Laws 1972, LB 1413, § 6;
Laws 1991, LB 356, § 20;
Laws 1999, LB 473, § 9;
Laws 2003, LB 161, § 6;
Laws 2016, LB909, § 15.
2023 Nebraska Revised Statutes › Chapter 89 - Weights and Measures › 89-192 - Commodities; sale; weight, measure, count.

89-192.
Commodities; sale; weight, measure, count.
Except as otherwise provided by the director, commodities in liquid form shall be sold by liquid measure or by weight and commodities not in liquid form shall be sold only by weight, by measure, or by count, so long as the method of sale provides the ability for cost comparison and accurate quantity information.
Source
Laws 1972, LB 1413, § 10;
Laws 1991, LB 356, § 21.
2023 Nebraska Revised Statutes › Chapter 89 - Weights and Measures › 89-193 - Invoice; when required; contents.

89-193.
Invoice; when required; contents.
Whenever the quantity is determined for a commodity sold from bulk, except sales from bulk of less than twenty dollars and sales of motor vehicle fuel of less than one hundred dollars, an invoice shall be prepared by the person physically in control of the quantity determination and shall contain the following information:
(1) The name and address of the buyer and seller involved in the transaction;
(2) The date delivered;
(3) The quantity delivered and the quantity upon which the price is based if different from the delivered quantity;
(4) The identity in the most descriptive terms commercially practicable, including any quality representation made in connection with the sale; and
(5) The count of individually wrapped packages, if more than one.
Source
Laws 1972, LB 1413, § 11;
Laws 1982, LB 678, § 1;
Laws 1991, LB 356, § 22.
2023 Nebraska Revised Statutes › Chapter 89 - Weights and Measures › 89-194 - Package; label; contents.

89-194.
Package; label; contents.
Except as otherwise provided in the Weights and Measures Act or the rules and regulations adopted and promulgated pursuant to the act, any package kept for sale or sold shall bear on the outside of the package a definite, plain, and conspicuous declaration of:
(1) The identity of the commodity in the package unless the same can easily be identified through the wrapper or container;
(2) The quantity of contents in terms of weight, measure, or count. When items are combined to form a distinctive product, the quantity representation may be in terms of the total quantity of the combined product and a quantity representation need not be made for each item, except that if the label lists the ingredients they shall be in the order of their predominance by weight; and
(3) The name and place of business of the manufacturer, packer, or distributor in the case of any package kept for sale or sold in any place other than on the premises where packaged.
Source
Laws 1972, LB 1413, § 12;
Laws 1991, LB 356, § 23.
2023 Nebraska Revised Statutes › Chapter 89 - Weights and Measures › 89-195 - Package; price per pound and total selling price; required.

89-195.
Package; price per pound and total selling price; required.
In addition to the declarations required by section 89-194, any package sold at retail being one of a lot containing random weights of the same commodity shall bear on the outside of the package a plain and conspicuous declaration of the price per pound and the total selling price.
Source
Laws 1972, LB 1413, § 13;
Laws 1991, LB 356, § 24.
2023 Nebraska Revised Statutes › Chapter 89 - Weights and Measures › 89-196 - Advertisement with price; declaration of quantity and identity.

89-196.
Advertisement with price; declaration of quantity and identity.
Whenever a commodity is advertised in any manner with the price stated, there shall be closely and conspicuously associated with the price a declaration of the quantity and the identity of the commodity offered for that price. If a dual declaration is required, only the declaration that sets forth the quantity in terms of the smaller unit of measurement need appear in the advertisement.
Source
Laws 1972, LB 1413, § 14;
Laws 1991, LB 356, § 25.
2023 Nebraska Revised Statutes › Chapter 89 - Weights and Measures › 89-196.01 - Violations; cease and desist order; enforcement of act.

89-196.01.
Violations; cease and desist order; enforcement of act.
(1) Whenever the director has reason to believe that any person has violated any provision of the Weights and Measures Act or any rule or regulation adopted and promulgated pursuant to the act, a hearing notice may be issued requiring the person to appear before the director to show cause why an order should not be entered requiring such person to cease and desist from the violation charged. Such hearing notice shall set forth the alleged violation, fix the time and place of the hearing, and specify the action to be considered at such hearing. Hearings shall be conducted as provided for in section 89-187.08. After a hearing, if the director finds such person to be in violation, he or she may enter an order requiring the person to cease and desist from the specific act, practice, or omission.
(2) The director may apply to the county attorney of the county in which the violation occurred or the Attorney General's office to take appropriate action pursuant to sections 89-198 and 89-1,101 without first entering an order as set forth in subsection (1) of this section when there exists an endangerment to the public health, safety, or welfare.
Source
Laws 1991, LB 356, § 26;
Laws 1999, LB 473, § 10.
2023 Nebraska Revised Statutes › Chapter 89 - Weights and Measures › 89-198 - Restraining order or injunction; when.

89-198.
Restraining order or injunction; when.
(1) In order to obtain compliance with the Weights and Measures Act, the director may apply for a restraining order, a temporary or permanent injunction, or a mandatory injunction against any person who has violated, is violating, or is threatening to violate the act or the rules and regulations adopted and promulgated pursuant to the act. The district court of the county where the violation has occurred, 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 any other remedy at law and shall be granted without bond.
(2) It shall be the duty of the Attorney General or the county attorney of the county in which any violation of the act or the rules and regulations has occurred, is occurring, or is about to occur, when notified by the director of such violation or threatened violation, to pursue appropriate proceedings without delay pursuant to this section, section 89-1,101, or both. Before the director reports a violation, an opportunity shall be given to such person to present his or her views to the director except when there exists an endangerment to the public health, safety, or welfare.
Source
Laws 1972, LB 1413, § 16;
Laws 1991, LB 356, § 28;
Laws 1993, LB 267, § 31.
2023 Nebraska Revised Statutes › Chapter 89 - Weights and Measures › 89-199 - Weighing and measuring devices; presumption.

89-199.
Weighing and measuring devices; presumption.
Whenever weighing and measuring devices exist in or about any place in which or from which buying or selling is commonly carried on, there shall be a rebuttable presumption that such weighing and measuring devices are commercial weighing and measuring devices.
Source
Laws 1972, LB 1413, § 17;
Laws 1991, LB 356, § 29.
2023 Nebraska Revised Statutes › Chapter 89 - Weights and Measures › 89-1,100 - Weights and Measures Administrative Fund; created; use; investment; lien.

89-1,100.
Weights and Measures Administrative Fund; created; use; investment; lien.
The director shall collect registration, permit, laboratory, test, administrative, and inspection fees and money required to be reimbursed as provided for in the Weights and Measures Act and shall remit such funds to the State Treasurer. The State Treasurer shall credit such funds to the Weights and Measures Administrative Fund, which fund is hereby created. All fees and reimbursements collected pursuant to the act and credited to the fund shall be appropriated to the uses of the department to aid in defraying the expenses of administering the act, except that transfers may be made from the fund to the General Fund at the direction of the Legislature. Any unexpended balance in the Weights and Measures Administrative Fund at the close of any biennium shall, when reappropriated, be available for the uses and purposes of the fund for the succeeding biennium. 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. The registration, permit, laboratory, test, administrative, and inspection fees and money required to be reimbursed as provided for in the Weights and Measures Act shall constitute a lien on the weighing and measuring devices or standards required to be registered or approved for use in this state until such fees and reimbursements are paid. The director may sue for such fees and reimbursements and may seek to foreclose on any lien in the name of the state. The county attorney of the county in which the device is located or the Attorney General's office shall, upon the request of the director, take appropriate action to establish and foreclose on any such lien.
Source
Laws 1972, LB 1413, § 18;
Laws 1974, LB 17, § 2;
Laws 1986, LB 258, § 45;
Laws 1991, LB 356, § 30;
Laws 1994, LB 1066, § 142;
Laws 2001, LB 541, § 9;
Laws 2003, LB 161, § 7;
Laws 2009, First Spec. Sess., LB3, § 101;
Laws 2016, LB909, § 17.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 89 - Weights and Measures › 89-1,101 - Violations; penalty.

89-1,101.
Violations; penalty.
Any person who violates any provision of the Weights and Measures Act or any order of the department after such order has become final or upon termination of any review proceeding, when the order has been sustained by a court of law, shall be guilty of a Class III misdemeanor. Upon a subsequent conviction thereof, he or she shall be guilty of a Class I misdemeanor.
Source
Laws 1972, LB 1413, § 19;
Laws 1974, LB 17, § 3;
Laws 1977, LB 39, § 338;
Laws 1987, LB 201, § 6;
Laws 1991, LB 356, § 31.
2023 Nebraska Revised Statutes › Chapter 89 - Weights and Measures › 89-1,101.01 - Violations; costs of enforcement.

89-1,101.01.
Violations; costs of enforcement.
All actual costs associated with seizing any weighing and measuring device or commodity which is in violation of the Weights and Measures Act or the rules and regulations adopted and promulgated pursuant to the act, issuing and enforcing any stop-use, hold, or removal order for commercial weighing and measuring devices, issuing and enforcing any stop-sale, hold, or removal order for commodities, and stopping commercial vehicles shall be incurred by the owner of such commodity or weighing and measuring device. The department shall not be liable for any actual or incidental costs incurred by any person due to such departmental actions or in enforcing the act. The department shall be reimbursed by the owner for the actual cost incurred by the department in seizing any weighing and measuring device or commodity, issuing and enforcing any stop-use, hold, or removal order for commercial weighing and measuring devices, issuing and enforcing any stop-sale, hold, or removal order for commodities, and stopping commercial vehicles.
Source
Laws 1991, LB 356, § 32.
2023 Nebraska Revised Statutes › Chapter 89 - Weights and Measures › 89-1,101.02 - Records.

89-1,101.02.
Records.
Every person who keeps, sells, or uses a commercial weighing and measuring device shall keep and make available for examination by the department for a period of three years at a minimum the following records:
(1) All invoices generated from a sale from bulk;
(2) Bills of lading, invoices, or other pertinent data relating to commodities bought or sold; and
(3) Any other information that would verify accurate quantity determinations by weight, measure, or count.
Source
Laws 1991, LB 356, § 33.
2023 Nebraska Revised Statutes › Chapter 89 - Weights and Measures › 89-1,102.01 - Division of Weights and Measures; established.

89-1,102.01.
Division of Weights and Measures; established.
There is hereby established a Division of Weights and Measures under the control of the department which shall be responsible for the enforcement of the Weights and Measures Act.
Source
Laws 1991, LB 356, § 35.
2023 Nebraska Revised Statutes › Chapter 89 - Weights and Measures › 89-1,103 - Act, how construed.

89-1,103.
Act, how construed.
The Weights and Measures Act shall be so interpreted and construed as to effectuate the general purpose to make uniform the law of those states which have enacted corresponding provisions.
Source
Laws 1972, LB 1413, § 21;
Laws 1991, LB 356, § 34.
2023 Nebraska Revised Statutes › Chapter 89 - Weights and Measures › 89-1,104 - Grain moisture measuring devices; inspections; fee.

89-1,104.
Grain moisture measuring devices; inspections; fee.
The Public Service Commission, grain warehouse department, shall enforce the provisions of sections 89-1,104 to 89-1,108. It shall make or cause to be made all inspections and may establish tolerances and specifications for grain moisture measuring devices similar to the tolerances and specifications recommended or used by the grain branch of the United States Department of Agriculture, which shall have for their object the establishment of more accurate grain moisture measuring in the State of Nebraska. The Public Service Commission may charge a fee to cover the cost of inspecting grain moisture measuring devices.
Source
Laws 1978, LB 636, § 1.
2023 Nebraska Revised Statutes › Chapter 89 - Weights and Measures › 89-1,104.01 - Moisture Testing Examination Fund; created; use; investment; State Treasurer; duties.

89-1,104.01.
Moisture Testing Examination Fund; created; use; investment; State Treasurer; duties.
The fees charged pursuant to section 89-1,104 shall be remitted by the Public Service Commission to the State Treasurer. The State Treasurer shall credit such fees to the Moisture Testing Examination Fund, which fund is hereby created. The fund shall be appropriated to the Public Service Commission to be used to cover the costs associated with the grain moisture measuring devices program. The money in such fund may be used at any time by the commission. 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 366, § 66;
Laws 1994, LB 1066, § 143;
Laws 2003, LB 735, § 16.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 89 - Weights and Measures › 89-1,105 - Grain moisture measuring devices; make comparative tests.

89-1,105.
Grain moisture measuring devices; make comparative tests.
The supervisor of the grain warehouse department of the Public Service Commission, or his or her inspectors, shall inspect, make comparative tests of, and ascertain if correct, every grain moisture measuring device used or employed in this state by any proprietor or agent, lessee, or employee thereof in proving or ascertaining the moisture and test weight of grain offered for storage or sale, sold, or purchased or in the process of being purchased. Such inspector shall use as a standard for making such comparative tests a grain moisture measuring device meeting the tolerances and specifications established pursuant to section 89-1,104.
Source
Laws 1978, LB 636, § 2;
Laws 2005, LB 52, § 7.
2023 Nebraska Revised Statutes › Chapter 89 - Weights and Measures › 89-1,106 - Grain moisture measuring devices; comparative tests; sealing or marking.

89-1,106.
Grain moisture measuring devices; comparative tests; sealing or marking.
Whenever the supervisor of the grain warehouse department of the Public Service Commission, or his or her inspectors, compares grain moisture tests of the device being tested with the standard grain moisture measuring device and finds that they correspond or causes them to correspond with the standard, the supervisor, or his or her inspectors, shall seal or mark such grain moisture measuring testing device with appropriate seals or works. Any such grain moisture measuring testing device which upon such inspection shall be found to be defective shall be sealed or marked with an appropriate seal indicating such device to be defective and the owner or user of such device shall be notified in writing on the date of such inspection of such defective condition by the supervisor of the grain warehouse department, or his or her inspectors.
Source
Laws 1978, LB 636, § 3.
2023 Nebraska Revised Statutes › Chapter 89 - Weights and Measures › 89-1,107 - Grain moisture measuring devices; use in buying and selling grain; approval; violations; penalty; exception.

89-1,107.
Grain moisture measuring devices; use in buying and selling grain; approval; violations; penalty; exception.
Commencing September 1, 1979, any person who, by himself or by his agent or as agent of another person, shall use in buying or selling grain any grain moisture measuring device which has not been tested and approved for use by the supervisor of the grain warehouse department of the Public Service Commission or his or her inspectors shall be guilty of a Class IIIA misdemeanor, except that the use of a newly purchased grain moisture measuring device in the buying or selling of grain prior to regular inspection and approval shall not be considered a misdemeanor if the user of such device has given notice to the supervisor of the grain warehouse department of the Public Service Commission of the purchase and intended use of such new device. Such notice shall be given by either certified or registered mail not later than ten days prior to the date of such intended use.
Source
Laws 1978, LB 636, § 4.
2023 Nebraska Revised Statutes › Chapter 89 - Weights and Measures › 89-1,108 - Grain moisture measuring devices; sections; violations; penalty.

89-1,108.
Grain moisture measuring devices; sections; violations; penalty.
A person who violates sections 89-1,104 to 89-1,108 shall be guilty of a Class IIIA misdemeanor and, if a public employee, such person shall be subject to dismissal.
Source
Laws 1978, LB 636, § 5.
2023 Nebraska Revised Statutes › Chapter 90 - Special Acts › 90-101 - State name.

90-101.
State name.
The State of Nebraska shall hereafter, in a popular sense, be known and referred to as the Cornhusker State.
Source
Laws 1945, c. 256, § 1, p. 796;
R.R.S.1943, § 84-713.01.
2023 Nebraska Revised Statutes › Chapter 90 - Special Acts › 90-102 - State banner; design; legend described; official state flag; when and where displayed.

90-102.
State banner; design; legend described; official state flag; when and where displayed.
The banner of the State of Nebraska shall consist of a reproduction of the Great Seal of the State, charged on the center in gold and silver on a field of national blue. The banner shall be the official state flag of the State of Nebraska and may be displayed on such occasions, at such times, and under such conditions as the flag of the United States of America. The banner shall be displayed on or near the State Capitol, the Governor's Mansion, all courthouses, city or village halls, schoolhouses, and other public administrative buildings in this state under or to the left of the flag of the United States of America.
Source
Laws 1925, c. 151, § 1, p. 387;
C.S.1929, § 84-720;
R.S.1943, § 84-714;
Laws 1963, c. 305, § 2, p. 902;
Laws 1965, c. 570, § 1, p. 1859;
R.R.S.1943, § 84-714.
Cross References
Desecration of the flag, see section 28-928.
Great Seal of the State, see section 84-501.
Placing of banner on top of State Capitol Building when Legislature is in session, see section 50-116.
2023 Nebraska Revised Statutes › Chapter 90 - Special Acts › 90-103 - State banner; use as advertisement or trademark, prohibited.

90-103.
State banner; use as advertisement or trademark, prohibited.
The state banner, provided for in section 90-102, shall never be used as a business advertisement or trademark, either in its entirety or in a composite; and any insult to such banner is forbidden.
Source
Laws 1925, c. 151, § 3, p. 388;
C.S.1929, § 84-722;
R.S.1943, § 84-715.
2023 Nebraska Revised Statutes › Chapter 90 - Special Acts › 90-104 - State banner; violations; penalty.

90-104.
State banner; violations; penalty.
Any person, firm or corporation who shall violate any of the provisions of section 90-103, shall be deemed guilty of a Class III misdemeanor.
Source
Laws 1925, c. 151, § 5, p. 388;
C.S.1929, § 84-724;
R.S.1943, § 84-716;
Laws 1977, LB 39, § 339.
2023 Nebraska Revised Statutes › Chapter 90 - Special Acts › 90-105 - State symbol and slogan; adoption.

90-105.
State symbol and slogan; adoption.
The following is hereby adopted as the official symbol and slogan for the State of Nebraska:
Source
Laws 1963, c. 533, § 1, p. 1678;
R.R.S.1943, § 84-716.01.
2023 Nebraska Revised Statutes › Chapter 90 - Special Acts › 90-106 - State symbol and slogan; use by state agencies; imprint on state stationery.

90-106.
State symbol and slogan; use by state agencies; imprint on state stationery.
The official slogan and official symbol, either separately or in conjunction with each other, shall be used by all agencies of the state whenever appropriate in the promotion of the state. They shall be imprinted on all state letterheads and the reverse side of all mailing envelopes as new supplies are acquired.
Source
Laws 1963, c. 533, § 3, p. 1678;
R.R.S.1943, § 84-716.03.
2023 Nebraska Revised Statutes › Chapter 90 - Special Acts › 90-107 - State bird; western meadowlark.

90-107.
State bird; western meadowlark.
The western meadowlark is hereby declared the state bird of Nebraska.
Source
Laws 1929, c. 139, § 1, p. 495;
C.S.1929, § 84-725;
R.S.1943, § 84-717.
2023 Nebraska Revised Statutes › Chapter 90 - Special Acts › 90-108 - State gem; blue agate.

90-108.
State gem; blue agate.
The chalcedony stone, known as blue agate, is hereby declared the state gem stone of Nebraska.
Source
Laws 1967, c. 608, § 1, p. 2057;
R.R.S.1943, § 84-725.
2023 Nebraska Revised Statutes › Chapter 90 - Special Acts › 90-110 - State rock; prairie agate.

90-110.
State rock; prairie agate.
The chalcedony stone, commonly known as prairie agate, is hereby declared the state rock of Nebraska.
Source
Laws 1967, c. 610, § 1, p. 2058;
R.R.S.1943, § 84-727.
2023 Nebraska Revised Statutes › Chapter 90 - Special Acts › 90-111 - State song; Beautiful Nebraska.

90-111.
State song; Beautiful Nebraska.
The song Beautiful Nebraska with words by Jim Fras and Guy G. Miller and music by Jim Fras is hereby adopted as the Nebraska state song.
Source
Laws 1967, c. 613, § 1, p. 2060;
R.R.S.1943, § 84-728;
Laws 2008, LB728, § 1.
2023 Nebraska Revised Statutes › Chapter 90 - Special Acts › 90-112 - State grass; little blue stem.

90-112.
State grass; little blue stem.
Little blue stem, known as andropogon scoparius, is hereby declared the official state grass of Nebraska.
Source
Laws 1969, c. 829, § 1, p. 3151;
R.R.S.1943, § 84-729.
2023 Nebraska Revised Statutes › Chapter 90 - Special Acts › 90-115 - Nebraska Educational Telecommunications Building in Lincoln; named the Terry M. Carpenter and Jack G. McBride Educational Telecommunications Building.

90-115.
Nebraska Educational Telecommunications Building in Lincoln; named the Terry M. Carpenter and Jack G. McBride Educational Telecommunications Building.
The Nebraska Educational Telecommunications Building in Lincoln, Nebraska, shall be named and known as the Terry M. Carpenter and Jack G. McBride Educational Telecommunications Building.
Source
Laws 1978, LB 955, § 2;
Laws 2011, LB122, § 1.
2023 Nebraska Revised Statutes › Chapter 90 - Special Acts › 90-116 - State soil; Holdrege series.

90-116.
State soil; Holdrege series.
Soils of the Holdrege series, classified as Typic Argiustolls, fine-silty, mixed, mesic, is hereby adopted as the official state soil of Nebraska.
Source
Laws 1979, LB 475, § 1.
2023 Nebraska Revised Statutes › Chapter 90 - Special Acts › 90-119 - Governor; designate official state items.

90-119.
Governor; designate official state items.
The Governor may designate official state items, including animals, plants, minerals, and other things. Legislative approval of any such designation is not required. Any designation made on or prior to September 13, 1997, is not affected by this section.
Source
Laws 1997, LB 106, § 1.