reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2,164.03 - Agricultural Products Marketing Information Cash Fund; created; use; investment.

81-2,164.03.
Agricultural Products Marketing Information Cash Fund; created; use; investment.
The Director of Agriculture is hereby authorized to receive voluntary gifts and contributions from the federal government, private agencies, farm industry associations, individuals, and any other person, or to collect fees or charges for services or publications from any source, including, but not limited to, the federal government, state governments, public agencies, and private entities or individuals for the purpose of defraying the expenses of carrying out subdivision (3) of section 81-201 and sections 81-2,163 and 81-2,164.03. All advances so received shall be credited to the Agricultural Products Marketing Information Cash Fund, which fund is hereby created. Disbursements from such fund shall be made upon vouchers approved by the director and warrants issued thereon as provided by law. All money received from the federal government, local government agencies, private research agencies, farm industry associations, individuals, or any other person, which are reimbursements for expenditures made, shall be remitted to the State Treasurer for credit to the Agricultural Products Marketing Information 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 1953, c. 337, § 3, p. 1110;
Laws 1955, c. 335, § 1, p. 1047;
Laws 1965, c. 8, § 48, p. 117;
Laws 1974, LB 888, § 2;
Laws 1986, LB 795, § 3;
Laws 1995, LB 7, § 100;
Laws 2018, LB135, § 2.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2,165 - Beekeeping; inspections; rules and regulations; duties of department and director.

81-2,165.
Beekeeping; inspections; rules and regulations; duties of department and director.
The department is authorized to enforce the Nebraska Apiary Act. The director may make or cause to be made all necessary examinations and inspections and adopt and promulgate such rules, regulations, and orders as may be necessary to carry out the duties of the department under the act.
The department within its authority and funding appropriated to carry out the purposes of the act may take all measures necessary to prevent the introduction, spread, or dissemination of any and all contagious or infectious diseases, parasites, or pests of honeybees and to bring or cause to be brought actions and proceedings in the name of the people of the State of Nebraska to fulfill its duties under the act.
Source
Laws 1929, c. 9, § 1, p. 76;
C.S.1929, § 81-2701;
R.S.1943, § 81-2,165;
Laws 1965, c. 548, § 1, p. 1752;
Laws 1967, c. 583, § 1, p. 1964;
Laws 1971, LB 403, § 1;
Laws 1986, LB 1001, § 1;
Laws 1992, LB 366, § 42;
Laws 1994, LB 1071, § 2;
Laws 2004, LB 835, § 1.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2,165.01 - Act, how cited.

81-2,165.01.
Act, how cited.
Sections 81-2,165 to 81-2,180 shall be known and may be cited as the Nebraska Apiary Act.
Source
Laws 1992, LB 366, § 54;
Laws 1994, LB 1071, § 3.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2,165.02 - Beekeeping; legislative intent; responsibility for education.

81-2,165.02.
Beekeeping; legislative intent; responsibility for education.
It is the intent of the Legislature that the department is not responsible for education regarding good beekeeping practices and education intended to aid in the protection of the apicultural interests in the state from bee diseases, parasites, or pests.
It is further the intent of the Legislature that the University of Nebraska provide such education in accordance with the transfer of appropriations to the university for this purpose.
Source
Laws 1994, LB 1071, § 1.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2,166 - Terms, defined.

81-2,166.
Terms, defined.
For purposes of the Nebraska Apiary Act, unless the context otherwise requires:
(1) Abandoned apiary shall mean any apiary not regularly attended in accordance with good beekeeping practices and which constitutes a disease, parasite, or pest hazard to the beekeeping industry;
(2) Apiary shall mean any place where one or more colonies of bees or nuclei of bees are located;
(3) Bee equipment shall mean hives, supers, frames, veils, gloves, or any other apparatus, tool, machine, vehicle, or device used in the handling, moving, or manipulating of bees, honey, wax, or hives, including containers of honey or wax which may be used in any apiary or in transporting bees and their products and apiary supplies;
(4) Beekeeping shall mean the moving, raising, and producing of bees, beeswax, and honey which is an agricultural pursuit;
(5) Bees shall mean any stage of the common honeybee, Apis mellifera L;
(6) Colony shall mean the aggregate of worker bees, drones, the queen, and developing young bees living together as a family unit in a hive or other dwelling;
(7) Department shall mean the Department of Agriculture;
(8) Director shall mean the Director of Agriculture or his or her designated representative, employee, or authorized agent;
(9) Disease shall mean American foulbrood, European foulbrood, chalkbrood, sacbrood, paralysis, or any other abnormal condition of egg, larva, pupa, or adult stages of bees;
(10) Exotic disease, parasite, or pest shall mean any disease, parasite, or pest not known to be established in this state;
(11) Hive shall mean a frame hive, box hive, box, barrel, log gum, skep, or any other receptacle or container, natural or artificial, or any part thereof, which is used or employed as a domicile for bees;
(12) Nuclei shall mean a small mass of bees and combs of brood used in forming a new colony;
(13) Parasite shall mean any harmful organism living in or on bees, including, but not limited to, Varroa jacobsoni, Acarapis woodi, and Tropilaelaps clareae; and
(14) Pest shall mean any harmful subspecies of the honeybee Apis mellifera, including, but not limited to, Apis mellifera scutellata.
Words used in the act shall be construed to import either the plural or singular, as the case demands.
Source
Laws 1929, c. 9, § 2, p. 76;
C.S.1929, § 81-2702;
R.S.1943, § 81-2,166;
Laws 1961, c. 426, § 1, p. 1331;
Laws 1965, c. 548, § 3, p. 1754;
Laws 1967, c. 583, § 2, p. 1965;
Laws 1986, LB 1001, § 2;
Laws 1992, LB 366, § 43;
Laws 1994, LB 1071, § 4;
Laws 2004, LB 835, § 2.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2,167 - Beekeeping; department; inspection; purpose; violations.

81-2,167.
Beekeeping; department; inspection; purpose; violations.
In order to carry out its duties under the Nebraska Apiary Act or any rule, regulation, or order made pursuant to the act, the officers and employees of the department may at all reasonable times enter upon any public or private premises for the purpose of inspection for the existence of or for treatment or destruction of any contagious or infectious diseases, parasites, or pests of bees. They shall have free access to all apiaries, structures, bee equipment, or premises where bees, honey, used bee equipment, or comb in apiaries may be. They may open any hive, colony, package, or receptacle of any kind containing or which they have reason to believe contains any bees, comb, bee products, used beekeeping equipment, or anything else which is capable of transmitting diseases, parasites, or pests of bees. They may stop pedestrians, motor cars, and vehicles when they are likely to be carrying, contrary to the act or any rule, regulation, or order established pursuant to the act, any bees, comb, used bee equipment, or anything else which is capable of transmitting diseases, parasites, or pests of bees. They shall have authority to inspect or reinspect at any time or place any bees, bee products, or used bee equipment shipped in or into the state and to treat it as provided in section 81-2,171. It shall be unlawful to deny such access to the officers and employees of the department or to offer any resistance to, thwart, or hinder such officers and employees by misrepresentation or by concealing facts or conditions. They shall have the power to inspect any apiary, honey house, building, or portion of building or container in which honey is stored, graded, or processed and to determine whether or not any insanitary conditions exist. If it is found that insanitary conditions exist or are permitted to exist, the owner or person in charge, after being notified by the department of the insanitary conditions, shall place such apiary, honey house, building, or portion of building or container in a sanitary condition within a reasonable length of time, and any operator or owner of such apiary, honey house, building, or container failing to obey such notice shall be in violation of the act and shall be punished as provided in section 81-2,179. Each apiary not located at the owner's or operator's place of residence shall have posted in a conspicuous place the name and address of the owner.
Source
Laws 1929, c. 9, § 3, p. 77;
C.S.1929, § 81-2703;
R.S.1943, § 81-2,167;
Laws 1965, c. 548, § 4, p. 1755;
Laws 1986, LB 1001, § 3;
Laws 1992, LB 366, § 44;
Laws 1994, LB 1071, § 5;
Laws 2004, LB 835, § 3.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2,168 - Beekeeping; inspection; notice to owner; University of Nebraska; duties.

81-2,168.
Beekeeping; inspection; notice to owner; University of Nebraska; duties.
If upon inspection of any bee colonies in the state the existence of diseases, parasites, or pests are found, the owner or person in charge of the bees, after being notified by the department of the nature of the disease, parasite, or pest shall use the best method of treating such disease, parasite, or pest.
Within the appropriation provided, the University of Nebraska shall provide information for beekeepers regarding the best method of preventing or treating such disease, parasite, or pest. When establishing the best method of prevention or treatment, the University of Nebraska shall consider (1) the specific disease, parasite, or pest found, (2) the severity of the infestation, (3) the time of year such disease, parasite, or pest was found, (4) the effectiveness of current control methods, and (5) any other factors deemed necessary by the University of Nebraska to effectively control the disease, parasite, or pest.
Source
Laws 1929, c. 9, § 4, p. 78;
C.S.1929, § 81-2704;
R.S.1943, § 81-2,168;
Laws 1957, c. 242, § 59, p. 866;
Laws 1986, LB 1001, § 4;
Laws 1992, LB 366, § 45;
Laws 1994, LB 1071, § 6.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2,169 - Beekeeping; infected bees or apiaries; nuisance; destruction.

81-2,169.
Beekeeping; infected bees or apiaries; nuisance; destruction.
Infected shipments, apiaries in which the existing disease, parasite, or pest cannot be successfully treated, apiaries which are affected by a disease, parasite, or pest amenable to treatment but which have not been treated as provided in section 81-2,168, and apiaries having bees in hives without movable frames or any colonies of bees or shipments of used bee equipment which entered this state illegally are declared to be a public nuisance and menace to the community, and the officers and employees of the department may destroy by burning or otherwise, without any remuneration to the owner, any box hives or infected bees, hives, or used bee equipment found therein.
Source
Laws 1929, c. 9, § 5, p. 78;
C.S.1929, § 81-2705;
R.S.1943, § 81-2,169;
Laws 1965, c. 548, § 5, p. 1756;
Laws 1986, LB 1001, § 5;
Laws 1992, LB 366, § 46;
Laws 1994, LB 1071, § 7.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2,170 - Beekeeping; contagion or infection; duty of owner to report to department; quarantine; when; notice; effect.

81-2,170.
Beekeeping; contagion or infection; duty of owner to report to department; quarantine; when; notice; effect.
(1) It shall be unlawful for any person knowingly to keep in his or her possession, without proper treatment, any colony of bees affected with any bee diseases, parasites, or pests or to expose any diseased or parasitized colony or infected hive or bee equipment so that flying bees may have access to them. Any person who knows that bees owned or controlled by him or her are affected with contagious or infectious diseases, parasites, or pests shall at once report such fact to the department stating all facts known to him or her with reference to the contagion or infection. When it has been determined that contagious or infectious diseases, parasites, or pests have been found in an apiary, such apiary may be quarantined by the department until released by the department. Whenever American foulbrood is found in the apiary, no colony, honey, or bee equipment of any kind shall be removed from the apiary unless under special written permit issued by the department. A notice shall be posted in each yard so quarantined, and written notice shall be sent to the owner or person in charge. Should any state be willing to accept bees or used bee equipment from a quarantined yard of bees in Nebraska, the department may, after all known contagious or infectious diseases, parasites, or pests have been destroyed, issue a special permit allowing bees and used bee equipment to be moved out of the state.
(2) If an exotic disease, parasite, or pest is found to have been introduced into this state, the director shall have the authority to quarantine any portion of this state until he or she can determine whether the disease, pest, or parasite has spread and may take action to eradicate or prevent the spread of the exotic disease, parasite, or pest as provided in the Nebraska Apiary Act. Beekeepers affected shall be notified in writing of the quarantine and shall also be notified in writing when the quarantine is released.
Source
Laws 1929, c. 9, § 6, p. 79;
C.S.1929, § 81-2706;
R.S.1943, § 81-2,170;
Laws 1965, c. 548, § 6, p. 1757;
Laws 1967, c. 583, § 3, p. 1966;
Laws 1976, LB 722, § 1;
Laws 1986, LB 1001, § 6;
Laws 1992, LB 366, § 47;
Laws 1994, LB 1071, § 8;
Laws 2004, LB 835, § 4.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2,171 - Beekeeping; abandoned apiary; seized by department; notice.

81-2,171.
Beekeeping; abandoned apiary; seized by department; notice.
Any apiary not regularly attended in accordance with good beekeeping practice and which constitutes a disease, parasite, or pest hazard to the beekeeping industry may be considered an abandoned apiary and may be seized by the department. Any diseased bee equipment may be burned and the remainder may be sold at public auction, with proceeds after the cost of the sale are deducted to be returned to the former owner or his or her estate, except that before burning any such equipment or causing the same to be sold, the department shall give the owner or person in charge thereof a written notice at least ten days prior to the date on which the property will be burned or sold. Such notice shall be given by registered or certified mail or personally served upon the owner or person in charge of such property.
Source
Laws 1929, c. 9, § 7, p. 79;
C.S.1929, § 81-2707;
R.S.1943, § 81-2,171;
Laws 1961, c. 426, § 2, p. 1332;
Laws 1965, c. 548, § 7, p. 1758;
Laws 1967, c. 583, § 4, p. 1967;
Laws 1976, LB 722, § 2;
Laws 1979, LB 548, § 1;
Laws 1986, LB 1001, § 7;
Laws 1992, LB 366, § 48;
Laws 1994, LB 1071, § 9;
Laws 2004, LB 835, § 5.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2,173 - Beekeeping; inspection certificate; procedure.

81-2,173.
Beekeeping; inspection certificate; procedure.
(1) The department shall issue certificates stating that an apiary is apparently free from infectious or contagious diseases, parasites, or pests after inspecting the apiary when such apiary is apparently free from such diseases, parasites, and pests and upon payment of the certificate fee provided for in section 81-2,174. Such certificate shall also state the date of inspection and shall continue in force for one year unless revoked for cause.
(2) Any person may request an inspection for his or her apiary in order to obtain a certificate.
Source
Laws 1929, c. 9, § 9, p. 80;
C.S.1929, § 81-2709;
R.S.1943, § 81-2,173;
Laws 1979, LB 548, § 2;
Laws 1986, LB 1001, § 8;
Laws 1992, LB 366, § 49;
Laws 1994, LB 1071, § 11;
Laws 2002, LB 436, § 26;
Laws 2004, LB 835, § 6.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2,174 - Beekeeping; inspection certificate; fees; State Apiary Cash Fund; created; use; investment.

81-2,174.
Beekeeping; inspection certificate; fees; State Apiary Cash Fund; created; use; investment.
Upon issuing a certificate to a beekeeper after an inspection as provided in section 81-2,173, the department shall collect a certificate fee as set forth in rules and regulations adopted and promulgated pursuant to the Nebraska Apiary Act not to exceed the following amounts: Two hundred dollars for the inspection of two hundred fifty colonies or less; two hundred fifty dollars for the inspection of two hundred fifty-one through five hundred colonies; three hundred fifty dollars for the inspection of five hundred one through one thousand colonies; and four hundred fifty dollars for the inspection of more than one thousand colonies. The certification fee shall be paid prior to the issuance of certificates by the department. All fees and any gifts, grants, or donations from any source shall be remitted to the State Treasurer for credit to the State Apiary Cash Fund which is hereby created. The fund shall be used to defray the expenses of administering the Nebraska Apiary 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 1929, c. 9, § 10, p. 81;
C.S.1929, § 81-2710;
R.S.1943, § 81-2,174;
Laws 1965, c. 8, § 49, p. 118;
Laws 1976, LB 722, § 3;
Laws 1983, LB 617, § 27;
Laws 1986, LB 1001, § 9;
Laws 1994, LB 1071, § 12;
Laws 1995, LB 7, § 101;
Laws 2004, LB 835, § 7.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2,176 - Beekeeping; inspection certificate; unlawful use; penalty.

81-2,176.
Beekeeping; inspection certificate; unlawful use; penalty.
If it is found that any certificate issued or approved by the department (1) is being used in connection with bees, queen bees, or used bee equipment (a) which have not been inspected, (b) which are infected with any infectious or contagious disease, parasite, or pest, or (c) which are being sold or delivered without the prescribed treatment being observed or other precautionary measures prescribed by the department taken by the owner or (2) is being used by persons other than the one to whom it was issued without the permission of the department, the department may revoke or withdraw such certificate. The use of such certificate issued by the department after it has been revoked and before such revocation has been withdrawn by the department shall be unlawful and shall subject the holder thereof to the penalty prescribed for a violation of the Nebraska Apiary Act. Revocation or withdrawal of approval shall be through written notice to the holder of the certificate.
Source
Laws 1929, c. 9, § 12, p. 81;
C.S.1929, § 81-2712;
R.S.1943, § 81-2,176;
Laws 1986, LB 1001, § 10;
Laws 1992, LB 366, § 50;
Laws 1994, LB 1071, § 13.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2,179 - Beekeeping; director; enforcement powers; county attorney or Attorney General; duties; violations; penalty.

81-2,179.
Beekeeping; director; enforcement powers; county attorney or Attorney General; duties; violations; penalty.
(1) If the director has reason to believe that any person has violated any of the provisions of the Nebraska Apiary Act or any rules and regulations adopted and promulgated under the act, an order may be entered requiring such person to appear before the director and show cause why an order should not be entered requiring such person to cease and desist from the violations charged. Such order shall set forth the alleged violations, fix the time and place of the hearing, and provide for notice to be given at least twenty days before the date of such hearing. After such hearing, if the director finds such person to be in violation, the director shall enter an order requiring such person to cease and desist from the specific acts, practices, or omissions. Such order shall be a final order. Any person aggrieved may appeal the order. The appeal shall be in accordance with the Administrative Procedure Act.
(2) The director may apply for a restraining order, a temporary or permanent injunction, or a mandatory injunction against any person violating or threatening to violate the Nebraska Apiary Act, the rules and regulations, or a final order of the director. 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 any other remedy at law and shall be granted without bond.
(3) It shall be the duty of the Attorney General or the county attorney of the county in which any violation occurs or is about to occur when notified by the department of a violation or a threatened violation to institute appropriate proceedings either criminal, injunctive, or both without delay.
(4) Any person violating any of the provisions of the Nebraska Apiary Act shall be guilty of a Class III misdemeanor.
Source
Laws 1929, c. 9, § 15, p. 82;
C.S.1929, § 81-2715;
R.S.1943, § 81-2,179;
Laws 1961, c. 426, § 3, p. 1334;
Laws 1965, c. 548, § 8, p. 1761;
Laws 1977, LB 39, § 284;
Laws 1992, LB 366, § 52;
Laws 1994, LB 1071, § 15.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2,180 - Beekeeping; liability of beekeeper for acts of agent.

81-2,180.
Beekeeping; liability of beekeeper for acts of agent.
Every person who by agents or representatives shall cause any act to be done in violation of the Nebraska Apiary Act shall be responsible for the acts performed by such agent or representative.
Source
Laws 1929, c. 9, § 16, p. 82;
C.S.Supp.,1941, § 81-2716;
R.S.1943, § 81-2,180;
Laws 1992, LB 366, § 53.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2,181 - Honey; Department of Agriculture; adopt standard; label restrictions; violation; remedy or penalty.

81-2,181.
Honey; Department of Agriculture; adopt standard; label restrictions; violation; remedy or penalty.
(1) It is the intent of the Legislature to provide for an identity standard for packaged food products labeled as honey in order to aid consumer information and to protect the integrity of the honey industry in Nebraska.
(2) The Department of Agriculture shall adopt and promulgate rules and regulations that adopt a standard for all honeys produced by honey bees. In promulgating a standard for honey, the department may utilize as a guideline available authoritative references to the composition and grades of honey. Such rules and regulations shall be effective on or before January 1, 2012.
(3) A product shall not be labeled as honey or be labeled as to imply that the product is honey unless the product meets the standard for honey adopted by the Department of Agriculture under subsection (2) of this section.
(4) A violation of subsection (3) of this section shall constitute a deceptive trade practice under the Uniform Deceptive Trade Practices Act and shall be subject to any remedies or penalties available for a violation under the act.
Source
Laws 2011, LB114, § 1.
Cross References
Uniform Deceptive Trade Practices Act, see section 87-306.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2,236 - Director; contract and cooperate with federal government; expenditure of funds.

81-2,236.
Director; contract and cooperate with federal government; expenditure of funds.
The Director of Agriculture may contract and cooperate with the Animal and Plant Health Inspection Service of the United States Department of Agriculture in the management and control of (1) coyotes, bobcats, foxes, and other predatory animals listed in section 23-358 in this state that are injurious to livestock, poultry, and game animals and the public health, (2) black-tailed prairie dogs and other injurious commensal and field rodents, and (3) nuisance birds or other nuisance wildlife in accordance with organized and systematic plans of the Animal and Plant Health Inspection Service of the United States Department of Agriculture for the management and control of such animals. Supervision of the program shall be by the local representative of the Animal and Plant Health Inspection Service of the United States Department of Agriculture. Expenditure of funds appropriated by the Legislature may not be made without the approval in writing by the director. The director in cooperation with the Animal and Plant Health Inspection Service of the United States Department of Agriculture may enter into agreements with other governmental agencies and with counties, associations, corporations, or individuals when such cooperation is deemed to be necessary to promote the management and control of such predatory animals, black-tailed prairie dogs and other injurious commensal and field rodents, nuisance birds, or other nuisance wildlife.
Source
Laws 1965, c. 96, § 1, p. 413;
Laws 1967, c. 124, § 2, p. 399;
R.S.1943, (1983), § 23-609;
Laws 1987, LB 102, § 6;
Laws 2012, LB473, § 11.
Cross References
County animal damage control program, see sections 23-358 to 23-361.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2,237 - Animal Damage Control Cash Fund; created; investment.

81-2,237.
Animal Damage Control Cash Fund; created; investment.
There is hereby created the Animal Damage Control Cash Fund. Such fund shall be administered by the Department of Agriculture. The fund shall consist of funds received from any source to carry out the animal damage control program pursuant to section 81-2,236. 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 1987, LB 102, § 7;
Laws 1995, LB 7, § 102.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2,238 - Director; cooperation with state agencies; receipt of funds.

81-2,238.
Director; cooperation with state agencies; receipt of funds.
The Director of Agriculture may cooperate with and receive funds from other agencies or departments of the state for the purposes of section 81-2,236 and may accept from any political subdivision of the state, private association, or other source such funds, contributions, payments, gifts, or bequests as may be given or paid under contractual agreement to the department. Such funds shall be deposited in the Animal Damage Control Cash Fund.
Source
Laws 1987, LB 102, § 8.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2,239 - Nebraska Pure Food Act; provisions included; how cited.

81-2,239.
Nebraska Pure Food Act; provisions included; how cited.
Sections 81-2,239 to 81-2,292 and the provisions of the Food Code and the Current Good Manufacturing Practice In Manufacturing, Packing, or Holding Human Food adopted by reference in sections 81-2,257.01 and 81-2,259, shall be known and may be cited as the Nebraska Pure Food Act.
Source
Laws 1981, LB 487, § 5;
Laws 1989, LB 548, § 3;
R.S.Supp.,1990, § 81-216.01;
Laws 1991, LB 358, § 8;
Laws 1992, LB 366, § 55;
Laws 1997, LB 199, § 3;
Laws 1999, LB 474, § 1;
Laws 2003, LB 250, § 3;
Laws 2004, LB 1045, § 1;
Laws 2005, LB 131, § 1;
Laws 2007, LB74, § 1;
Laws 2012, LB771, § 1;
Laws 2016, LB798, § 1;
Laws 2017, LB134, § 1;
Laws 2019, LB304, § 1;
Laws 2023, LB562, § 24.
Effective Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2,240 - Definitions, where found.

81-2,240.
Definitions, where found.
For purposes of the Nebraska Pure Food Act, unless the context otherwise requires, the definitions found in sections 81-2,241 to 81-2,254 shall be used. In addition, the definitions found in the code and practice adopted by reference in sections 81-2,257.01 and 81-2,259 shall be used.
Source
Laws 1981, LB 487, § 6;
Laws 1989, LB 548, § 4;
R.S.Supp.,1990, § 81-216.02;
Laws 1991, LB 358, § 9;
Laws 1992, LB 366, § 56;
Laws 1997, LB 199, § 4;
Laws 1999, LB 474, § 2;
Laws 2004, LB 1045, § 2;
Laws 2005, LB 131, § 2;
Laws 2016, LB798, § 2;
Laws 2017, LB134, § 2;
Laws 2023, LB562, § 25.
Effective Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2,241 - Advertising, defined.

81-2,241.
Advertising, defined.
Advertising shall mean all representations disseminated in any manner, other than labeling, intended or likely to induce the purchase or use of food, including a menu.
Source
Laws 1981, LB 487, § 15;
R.S.1943, (1987), § 81-216.11;
Laws 1991, LB 358, § 10.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2,242 - Bed and breakfast establishment, defined.

81-2,242.
Bed and breakfast establishment, defined.
Bed and breakfast establishment shall mean any place of lodging that provides rented rooms to ten or fewer people, that is the personal residence of the owner, that is occupied by the owner at the time of rental, and in which the only meal served to renters is breakfast.
Source
Laws 1989, LB 548, § 2;
R.S.Supp.,1990, § 81-216.39;
Laws 1991, LB 358, § 11.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2,242.01 - Caterer, defined.

81-2,242.01.
Caterer, defined.
Caterer shall mean a person in the business of providing food to a customer for parties, banquets, or other similar functions at a location owned, rented, or otherwise controlled by the customer.
Source
Laws 1997, LB 199, § 5.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2,242.02 - Commissary, defined.

81-2,242.02.
Commissary, defined.
Commissary shall mean a food establishment where food, food containers, or food supplies are kept, handled, prepared, packaged, or stored for use in mobile food units, pushcarts, or vending machines.
Source
Laws 1997, LB 199, § 6.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2,242.03 - Convenience store, defined.

81-2,242.03.
Convenience store, defined.
Convenience store shall mean a food establishment or section of an establishment where the food offered to the consumer is intended for off-premise consumption and there are no meat processing or produce processing areas.
Source
Laws 1997, LB 199, § 7.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2,243 - Department, defined.

81-2,243.
Department, defined.
Department shall mean the Department of Agriculture.
Source
Laws 1981, LB 487, § 12;
R.S.1943, (1987), § 81-216.08;
Laws 1991, LB 358, § 12.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2,244 - Director, defined.

81-2,244.
Director, defined.
Director shall mean the Director of Agriculture or his or her designated employee, representative, or authorized agent.
Source
Laws 1981, LB 487, § 13;
R.S.1943, (1987), § 81-216.09;
Laws 1991, LB 358, § 13.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2,244.01 - Food Code, defined.

81-2,244.01.
Food Code, defined.
Food Code shall mean the 2017 Recommendations of the United States Public Health Service, Food and Drug Administration, except the definitions of adulterated food and food establishment, person in charge, regulatory authority, and sections 2-102.12, 2-102.20(B), 2-103.11(I) and (M), 3-301.11(B), (C), (D), and (E), 3-501.16, 4-301.12(C)(5), (D), and (E), 4-603.16(C), 4-802.11(C), 5-104.11, 8-101, 8-102, 8-201.11, 8-201.12, 8-202.10 through 8-304.20, 8-401.10(B)(2), 8-402.20 through 8-403.20, 8-403.50 through 8-404.12, and 8-405.20(B). The term Food Code does not include the annexes of such federal recommendations.
Source
Laws 1997, LB 199, § 8;
Laws 1999, LB 474, § 3;
Laws 2003, LB 250, § 4;
Laws 2007, LB74, § 2;
Laws 2012, LB771, § 2;
Laws 2016, LB798, § 3;
Laws 2020, LB835, § 1.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2,245 - Food delivery service, defined.

81-2,245.
Food delivery service, defined.
Food delivery service shall mean an operation that only meets the definition of food establishment by relinquishing possession of food to a consumer through a delivery service including home delivery of grocery orders, restaurant takeout orders, or other delivery services provided by a common or contract carrier.
Source
Laws 2017, LB134, § 4.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2,248 - Itinerant food vendor, defined.

81-2,248.
Itinerant food vendor, defined.
Itinerant food vendor shall mean a person that sells prepackaged, time/temperature control for safety food from an approved source at a nonpermanent location such as a farmers market, craft show, or county fair.
Source
Laws 2007, LB74, § 3;
Laws 2016, LB798, § 5.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2,251 - Labeling, defined.

81-2,251.
Labeling, defined.
Labeling shall mean the display of written, printed, or graphic matter upon the immediate container of an article of food or which accompanies the article at the time of sale.
Source
Laws 1981, LB 487, § 14;
R.S.1943, (1987), § 81-216.10;
Laws 1991, LB 358, § 20.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2,251.01 - Limited food vending machine, defined.

81-2,251.01.
Limited food vending machine, defined.
Limited food vending machine shall mean a vending machine which does not dispense time/temperature control for safety food.
Source
Laws 1999, LB 474, § 5;
Laws 2016, LB798, § 6.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2,251.03 - Limited food service establishment, defined.

81-2,251.03.
Limited food service establishment, defined.
Limited food service establishment shall mean an establishment that serves or otherwise provides only snack items or commercially prepared and wrapped foods that require little or no preparation.
Source
Laws 1997, LB 199, § 12.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2,251.05 - Person in charge, defined.

81-2,251.05.
Person in charge, defined.
Person in charge shall mean the individual who is responsible for the operation of the food establishment and who is present at the establishment or is readily accessible to communicate with employees and the regulatory authority.
Source
Laws 1997, LB 199, § 14.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2,251.06 - Pushcart, defined.

81-2,251.06.
Pushcart, defined.
Pushcart shall mean a non-self-propelled vehicle limited to serving food which is not time/temperature control for safety or commissary wrapped food maintained at temperatures in compliance with the Nebraska Pure Food Act or limited to the preparation and serving of frankfurters.
Source
Laws 1999, LB 474, § 6;
Laws 2016, LB798, § 7.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2,252 - Regulatory authority, defined.

81-2,252.
Regulatory authority, defined.
Regulatory authority shall mean the department or a political subdivision or state agency under contract with the department to perform regulatory functions authorized pursuant to the Nebraska Pure Food Act.
Source
Laws 1981, LB 487, § 16;
R.S.1943, (1987), § 81-216.12;
Laws 1991, LB 358, § 21;
Laws 1999, LB 474, § 8.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2,253.01 - Salvage operation, defined.

81-2,253.01.
Salvage operation, defined.
Salvage operation shall mean an operation which reconditions, sells, distributes, brokers, or otherwise supplies any distressed or salvaged food.
Source
Laws 1997, LB 199, § 15.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2,257 - Priority items; priority foundation items; designation.

81-2,257.
Priority items; priority foundation items; designation.
Priority items are designated in the Food Code and sections 81-2,272.01, 81-2,272.10, and 81-2,272.24. Priority foundation items are designated in the Food Code.
Source
Laws 1999, LB 474, § 19;
Laws 2003, LB 250, § 6;
Laws 2007, LB74, § 4;
Laws 2012, LB771, § 3;
Laws 2016, LB798, § 8;
Laws 2020, LB835, § 2.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2,257.01 - Food Code; adoption.

81-2,257.01.
Food Code; adoption.
The Legislature hereby adopts by reference the Food Code as defined in section 81-2,244.01 as a part of the Nebraska Pure Food Act.
Source
Laws 1997, LB 199, § 17.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2,259 - Current Good Manufacturing Practice In Manufacturing, Packing, or Holding Human Food; adoption.

81-2,259.
Current Good Manufacturing Practice In Manufacturing, Packing, or Holding Human Food; adoption.
The Legislature hereby adopts by reference the Current Good Manufacturing Practice In Manufacturing, Packing, or Holding Human Food found in 21 C.F.R. part 110 as it existed on April 1, 2015.
Source
Laws 1999, LB 474, § 7;
Laws 2012, LB771, § 4;
Laws 2016, LB798, § 9.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2,262 - Code and practice; where filed.

81-2,262.
Code and practice; where filed.
Copies of the code and practice adopted by reference pursuant to sections 81-2,257.01 and 81-2,259 shall be filed in the offices of the Secretary of State, Clerk of the Legislature, and department.
Source
Laws 1981, LB 487, § 24;
R.S.1943, (1987), § 81-216.20;
Laws 1991, LB 358, § 31;
Laws 1997, LB 199, § 19;
Laws 1999, LB 474, § 9;
Laws 2017, LB134, § 5.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2,263 - Inconsistencies; sections control.

81-2,263.
Inconsistencies; sections control.
If there is an inconsistency between sections 81-2,239 to 81-2,292 and any code adopted by reference, the requirements of the sections shall control.
Source
Laws 1991, LB 358, § 32;
Laws 1997, LB 199, § 20;
Laws 2003, LB 250, § 7;
Laws 2017, LB134, § 6.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2,267 - Food establishment, food processing plant, or salvage operation; construction, conversion, or remodeling; plans and specifications; requirements.

81-2,267.
Food establishment, food processing plant, or salvage operation; construction, conversion, or remodeling; plans and specifications; requirements.
Prior to construction of, conversion to, or remodeling of a food establishment, food processing plant, or salvage operation, properly prepared plans and specifications for such construction, conversion, or remodeling shall be submitted to the regulatory authority for review and approval. The plans and specifications shall indicate the proposed layout, arrangement, mechanical plans, construction materials of work areas, type and model of proposed fixed equipment and facilities, and description of the type of food to be served or sold. The regulatory authority shall treat such plans and specifications as confidential or trade secret information and shall approve the plans and specifications if they meet the requirements of the Nebraska Pure Food Act. No food establishment, food processing plant, or salvage operation shall be constructed, converted, or remodeled except in accordance with plans and specifications approved by the regulatory authority. This section does not apply to food establishments which are temporary food establishments.
Source
Laws 1991, LB 358, § 36;
Laws 1997, LB 199, § 21;
Laws 2004, LB 1045, § 4.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2,268 - Food establishment, food processing plant, or salvage operation facilities and equipment; design and fabrication requirements.

81-2,268.
Food establishment, food processing plant, or salvage operation facilities and equipment; design and fabrication requirements.
Food establishment, food processing plant, or salvage operation facilities and equipment in use or new facilities and equipment for which contractual obligations are incurred before September 13, 1997, and which do not meet fully all the design and fabrication requirements of the Nebraska Pure Food Act shall be acceptable if they are in good repair and capable of being maintained in a sanitary condition and the food-contact surfaces are of safe materials. A food establishment, food processing plant, or salvage operation which has a change of ownership or extensive remodeling after September 13, 1997, shall comply with all applicable facility and equipment requirements of the act.
Source
Laws 1991, LB 358, § 37;
Laws 1997, LB 199, § 22.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2,270.01 - Eggs.

81-2,270.01.
Eggs.
Any person who for remuneration packs and sells, offers for sale, barters, or otherwise provides eggs for human consumption shall comply with all applicable requirements set forth in rules and regulations adopted and promulgated by the department and shall establish the source of the eggs by labeling the eggs with a packer identification number assigned by the department or the United States Department of Agriculture.
Source
Laws 2017, LB134, § 8.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2,271 - Food establishment, food processing plant, or salvage operation; permit; posting; food delivery service; location; change of ownership or location; duties; movement authorized; mobile food unit or pushcart; copy of permit.

81-2,271.
Food establishment, food processing plant, or salvage operation; permit; posting; food delivery service; location; change of ownership or location; duties; movement authorized; mobile food unit or pushcart; copy of permit.
(1) The permit required by section 81-2,270 shall be posted in a location in the food establishment, food processing plant, or salvage operation which is conspicuous to the public. A salvage operation shall also have a copy of the permit in each vehicle. For a food delivery service, the location shall be a permanent address where the permitholder may be contacted.
(2) The permit is not transferable to any other person or location. Any permit issued lapses automatically upon a change of ownership or location except as provided in subsection (3) of this section. The permitholder shall notify the department in writing at least thirty days prior to any change in ownership, name, or address. The permitholder shall notify the department in writing before there is a change of the name or address of the person authorized to receive the 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.
(3) A mobile food unit, pushcart, or vending machine may be moved if the permitholder is able to provide the location of such unit, pushcart, or machine to the regulatory authority upon request and the person authorized by the permitholder to receive notices and orders of the department maintains a permanent mailing address on file with the department. A food delivery service shall upon request provide the department with information regarding the location of all conveyances it controls.
(4) Every mobile food unit or pushcart operator shall have a copy of their permit to operate available at the mobile food unit or pushcart when in operation.
Source
Laws 1991, LB 358, § 40;
Laws 1997, LB 199, § 25;
Laws 2012, LB771, § 6;
Laws 2017, LB134, § 9.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2,272 - Food establishment, food processing plant, or salvage operation; inspection; denial of permit; hearing.

81-2,272.
Food establishment, food processing plant, or salvage operation; inspection; denial of permit; hearing.
Before approving an application for a permit pursuant to section 81-2,270, the regulatory authority shall inspect the food establishment, food processing plant, or salvage operation to determine whether the applicant qualifies to hold a permit pursuant to subsection (1) of section 81-2,273. An applicant found to qualify to hold a permit pursuant to such subsection shall be issued a permit. An applicant who does not receive a permit shall be afforded the opportunity of a hearing to present evidence that the applicant is qualified to hold a permit pursuant to such subsection and should be issued a permit. All such hearings shall be in accordance with the Administrative Procedure Act.
Source
Laws 1991, LB 358, § 41;
Laws 1997, LB 199, § 26.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2,272.01 - Time/temperature control for safety food; temperature; equipment.

81-2,272.01.
Time/temperature control for safety food; temperature; equipment.
(1) Except during preparation, cooking, or cooling or when time is used as the public health control as specified under the Nebraska Pure Food Act and except as specified under subsection (2) of this section, time/temperature control for safety food shall be maintained:
(a) At one hundred thirty-five degrees Fahrenheit (fifty-seven degrees Celsius) or above, except that roasts cooked to a temperature and for a time specified in the Nebraska Pure Food Act or reheated as specified in the act may be held at a temperature of one hundred thirty degrees Fahrenheit (fifty-four degrees Celsius) or above; or
(b) At:
(i) Forty-one degrees Fahrenheit (five degrees Celsius) or less; or
(ii) Forty-five degrees Fahrenheit (seven degrees Celsius) or between forty-one degrees Fahrenheit (five degrees Celsius) and forty-five degrees Fahrenheit (seven degrees Celsius) in existing refrigeration equipment that is not capable of maintaining the food at forty-one degrees Fahrenheit (five degrees Celsius) or less if:
(A) The equipment is in place and in use in the food establishment; and
(B) Refrigeration equipment that is not capable of meeting a cold holding temperature of forty-one degrees Fahrenheit (five degrees Celsius) that is in use on March 8, 2012, shall, upon replacement of the equipment or at a change of ownership of the food establishment, be replaced with equipment that is capable of maintaining foods at forty-one degrees Fahrenheit (five degrees Celsius) or below.
(2) Eggs that have not been treated to destroy all viable Salmonellae shall be stored in refrigerated equipment that maintains an ambient air temperature of forty-five degrees Fahrenheit (seven degrees Celsius) or less.
(3) Time/temperature control for safety food in a homogenous liquid form may be maintained outside of the temperature control requirements, as specified under subsection (1) of this section, while contained within specially designed equipment that complies with the design and construction requirements as specified in the act.
Source
Laws 2012, LB771, § 7;
Laws 2016, LB798, § 10.