reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-2303 - Terms, defined.

2-2303.
Terms, defined.
For purposes of the Nebraska Wheat Resources Act, unless the context otherwise requires:
(1) Board means the Nebraska Wheat Development, Utilization, and Marketing Board;
(2) Commercial channels means the sale of wheat for any use when the buyer resells or intends to resell any such wheat or product produced from such wheat for a purpose other than for use as seed;
(3)(a) First purchaser means any individual or public or private corporation, association, partnership, limited liability company, or other business entity, if such individual or entity buys, accepts for shipment, or otherwise acquires the property in or to wheat from a grower for a purpose other than for use as seed.
(b) First purchaser shall not include a public or private mortgagee, pledgee, lienor, or other person having a claim against the grower when the actual or constructive possession of such wheat is taken as part payment or in satisfaction of a mortgage, pledge, lien, or claim;
(4) Grower means any landowner personally engaged in growing wheat, a tenant of the landowner personally engaged in growing wheat, and both the owner and the tenant jointly and includes an individual or a partnership, limited liability company, association, corporation, cooperative, trust, sharecropper, and other business units, devices, and arrangements;
(5) Net market price means the sales price, or other value, per volumetric unit received by a producer for wheat after adjustment for any premium or discount;
(6) Net market value means the value found by multiplying the net market price by the appropriate quantity of the volumetric units or the minimum value in a production contract received by a producer for wheat after adjustments for any premium or discount. For wheat pledged as collateral for a loan issued under any Commodity Credit Corporation price support loan program, net market value means the principal amount of the loan; and
(7) Sale does not include a pledge or mortgage of wheat to any individual or public or private entity.
Source
Laws 1955, c. 5, § 3, p. 59;
Laws 1981, LB 11, § 22;
Laws 1987, LB 1, § 11;
Laws 1993, LB 121, § 64;
Laws 2012, LB905, § 3;
Laws 2022, LB805, § 2.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-2304 - Board; membership; qualifications; appointment; districts enumerated.

2-2304.
Board; membership; qualifications; appointment; districts enumerated.
(1) The board shall be composed of seven members who shall (a) be citizens of Nebraska, (b) be at least twenty-one years of age, (c) have been actually engaged in growing wheat in this state for a period of at least five years, and (d) derive a substantial portion of their income from growing wheat. The Director of Agriculture and the vice chancellor of the University of Nebraska Institute of Agriculture and Natural Resources shall serve as nonvoting members of the board. With the exception of the nonvoting members, the Governor shall appoint the members to the board.
(2) The seven appointed members shall be appointed from the following districts:
(a) District 1: The counties of Sioux, Scotts Bluff, Dawes, Box Butte, Morrill, Sheridan, and Garden;
(b) District 2: The counties of Kimball, Banner, and Cheyenne;
(c) District 3: The counties of Perkins, Deuel, Keith, Arthur, McPherson, Logan, Grant, Hooker, Thomas, and Cherry;
(d) District 4: The counties of Lincoln, Chase, Dundy, Hayes, Hitchcock, and Frontier;
(e) District 5: The counties of Buffalo, Dawson, Phelps, Custer, Gosper, Kearney, Red Willow, Furnas, Harlan, and Franklin;
(f) District 6: The counties of Adams, Webster, Nuckolls, Thayer, Jefferson, Gage, Johnson, Nemaha, Pawnee, Richardson, Otoe, Cass, Lancaster, Seward, York, Hamilton, Hall, Sherman, Howard, Merrick, Nance, Polk, Butler, Saunders, Sarpy, Douglas, Washington, Dodge, Colfax, Platte, Burt, Cuming, Stanton, Madison, Boone, Valley, Greeley, Antelope, Pierce, Wayne, Thurston, Dakota, Dixon, Cedar, Knox, Wheeler, Garfield, Loup, Blaine, Brown, Rock, Holt, Boyd, Keya Paha, Clay, Fillmore, and Saline; and
(g) District 7: The at-large district.
Source
Laws 1955, c. 5, § 4, p. 60;
Laws 1969, c. 21, § 1, p. 193;
Laws 1981, LB 11, § 23;
Laws 1991, LB 685, § 1;
Laws 2002, LB 474, § 1.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-2305 - Board; transitional provisions; vacancy; how filled; term.

2-2305.
Board; transitional provisions; vacancy; how filled; term.
The member serving former district 1 will assume the role of serving new district 1 on February 28, 2002, and his or her term shall expire on June 30, 2004. The member serving former district 2 will assume the role of serving new district 2 on February 28, 2002, and his or her term shall expire on June 30, 2003. The term of the member serving district 3 shall expire on June 30, 2002. The term of the member serving district 4 shall expire on June 30, 2006. The term of the member serving district 5 shall expire on June 30, 2005. The member serving former district 6 will assume the role of serving new district 6 on February 28, 2002, and his or her term shall expire on June 30, 2004. The member serving former district 7 will assume the role of serving new district 7 on February 28, 2002, and his or her term shall expire on June 30, 2005. As the terms of office of the members serving on February 28, 2002, expire as provided in this section, their successors shall be appointed to serve for terms of five years and until their successors are appointed and qualified. Terms of office shall commence on July 1. A member appointed to fill a vacancy, occurring before the expiration of the term of a member separated from the board for any cause, shall be appointed for the remainder of the term of the member whose office has been so vacated in the same manner as his or her predecessor.
Source
Laws 1955, c. 5, § 5, p. 61;
Laws 1969, c. 21, § 2, p. 194;
Laws 1981, LB 11, § 24;
Laws 1991, LB 685, § 2;
Laws 2002, LB 474, § 2.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-2306 - Board; voting members; expenses.

2-2306.
Board; voting members; expenses.
All voting members of the board shall be entitled to expenses as provided for in sections 81-1174 to 81-1177 while attending meetings of the board or while engaged in the performance of official responsibilities as determined by the board.
Source
Laws 1955, c. 5, § 6, p. 61;
Laws 1981, LB 11, § 25;
Laws 2012, LB905, § 4;
Laws 2020, LB381, § 4.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-2307 - Board; removal of member; grounds.

2-2307.
Board; removal of member; grounds.
A member of the board shall be removable by the Governor for cause. He or she shall first be given a copy of written charges against him or her and also an opportunity to be heard publicly. In addition to all other causes, a member ceasing to (1) be a resident of the state, (2) live in the district from which he or she was appointed, or (3) be actually engaged in growing wheat in the state shall be deemed sufficient cause for removal from office.
Source
Laws 1955, c. 5, § 7, p. 61;
Laws 1981, LB 11, § 26.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-2308 - Board; chairperson; meetings; conduct of business.

2-2308.
Board; chairperson; meetings; conduct of business.
At the first meeting of the board, it shall elect a chairperson from among its members. The board shall meet at least once every three months and at such other times as called by the chairperson or by any three members of the board. The majority of the members of the board shall constitute a quorum for transaction of business. The affirmative vote of the majority of all members of the board shall be necessary for the adoption of rules and regulations.
Source
Laws 1955, c. 5, § 8, p. 62;
Laws 1981, LB 11, § 27.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-2309 - Declaration of policy; board; powers and duties.

2-2309.
Declaration of policy; board; powers and duties.
It is hereby declared to be the public policy of the State of Nebraska to protect and foster the health, prosperity, and general welfare of its people by protecting and stabilizing the wheat industry and the economy of the areas producing wheat. The Nebraska Wheat Development, Utilization, and Marketing Board shall be the agency of the State of Nebraska for such purpose. In connection with and in furtherance of such purpose, such board shall have the power to:
(1) Formulate the general policies and programs of the State of Nebraska relating to the wheat industry, including:
(a) The discovery, promotion, and development of markets and industries for the utilization of wheat grown within the State of Nebraska;
(b) The acquisition of ownership rights, including intellectual property rights, to any variety of wheat; and
(c) The development, production, marketing, and sale of seed for any wheat variety owned by the board;
(2) Adopt and devise a program of education and publicity;
(3) Cooperate with local, state, or national organizations, whether public or private, in carrying out the purposes of the Nebraska Wheat Resources Act and to enter into such contracts as may be necessary;
(4) Adopt and promulgate such rules and regulations as are necessary to promptly and effectively enforce the Nebraska Wheat Resources Act. The rules and regulations shall include provisions which prescribe the procedure for adjustment of the excise tax by the board pursuant to section 2-2311;
(5) Conduct, in addition to the things enumerated, any other program for the development, utilization, and marketing of wheat grown in the State of Nebraska. Such programs may provide for cooperation with, grants to, or contracts with individuals or entities in the private sector or public sector for the following purposes:
(a) Research;
(b) Accumulation of data;
(c) Development of new varieties of wheat;
(d) Securing plant variety protection under federal law when possible;
(e) Securing intellectual property rights relating to development of new varieties of wheat when possible;
(f) Producing wheat for seed and selling such seed; and
(g) Construction of ethanol production facilities;
(6) Make refunds for overpayments of the excise tax according to rules and regulations adopted and promulgated by the board; and
(7) Employ personnel and contract for services which are necessary for the proper operation of the program.
Source
Laws 1955, c. 5, § 9, p. 62;
Laws 1959, c. 8, § 1, p. 105;
Laws 1981, LB 11, § 28;
Laws 1983, LB 505, § 1;
Laws 1986, LB 1230, § 17;
Laws 1988, LB 963, § 1;
Laws 2022, LB805, § 3.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-2310 - Board; administrative office.

2-2310.
Board; administrative office.
The board may establish an administrative office in the State of Nebraska at such place as may be suitable for the furtherance of the Nebraska Wheat Resources Act. The board shall not purchase, construct, or otherwise obtain title to its own administrative office, but shall be limited to leasing state or commercial office space.
Source
Laws 1955, c. 5, § 10, p. 63;
Laws 1981, LB 11, § 29;
Laws 1987, LB 1, § 12;
Laws 2012, LB905, § 5.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-2311 - Excise tax; amount; adjustment.

2-2311.
Excise tax; amount; adjustment.
(1) Commencing July 1, 1990, the board may levy on growers of wheat an excise tax of not to exceed one and one-half cents per bushel upon all wheat sold through commercial channels in the State of Nebraska. Commencing on October 1, 2012, there is hereby levied an excise tax of four-tenths percent of the net market value of wheat sold through commercial channels in the State of Nebraska. The first purchaser of such wheat shall levy, impose, and collect the tax at the time of settlement for the wheat. Under the Nebraska Wheat Resources Act, no wheat is subject to the tax more than once.
(2) After October 1, 2014, the board may, whenever it determines that the excise tax levied by this section is yielding more or less than is required to carry out the intent and purposes of the Nebraska Wheat Resources Act, reduce or increase such levy for such period as it deems justifiable, but not less than one year, and such levy shall not exceed five-tenths percent of the net market value. Any adjustment to the levy shall be by rule and regulation adopted and promulgated by the board in accordance with the Administrative Procedure Act.
Source
Laws 1955, c. 5, § 11, p. 63;
Laws 1977, LB 390, § 1;
Laws 1981, LB 11, § 30;
Laws 1983, LB 505, § 2;
Laws 1987, LB 1, § 13;
Laws 1987, LB 610, § 1;
Laws 1988, LB 963, § 2;
Laws 2012, LB905, § 6;
Laws 2022, LB805, § 4.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-2312 - Excise tax; not deducted from loan proceeds.

2-2312.
Excise tax; not deducted from loan proceeds.
In the case of a pledge or mortgage of wheat as security for a loan under the federal price support program, no excise tax shall be deducted from the proceeds of such loan at the time the loan is made.
Source
Laws 1955, c. 5, § 12, p. 63;
Laws 2022, LB805, § 5.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-2313 - Excise tax; stored wheat.

2-2313.
Excise tax; stored wheat.
The tax provided for by section 2-2311 shall be deducted as provided by the Nebraska Wheat Resources Act, whether such wheat is stored in this or any other state.
Source
Laws 1955, c. 5, § 13, p. 63;
Laws 2012, LB905, § 7.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-2314 - Excise tax; federal government; sale; exception.

2-2314.
Excise tax; federal government; sale; exception.
The tax, herein levied and imposed by the provisions of section 2-2311, shall not apply to the sale of wheat to the federal government for ultimate use or consumption by the people of the United States, where the State of Nebraska is prohibited from imposing such tax by the Constitution of the United States and laws enacted pursuant thereto.
Source
Laws 1955, c. 5, § 14, p. 63.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-2315 - Excise tax; first purchaser; records; reports; forms; remittance.

2-2315.
Excise tax; first purchaser; records; reports; forms; remittance.
(1) The first purchaser, at the time of settlement with a grower, shall deduct the wheat excise tax as provided in section 2-2311 and shall maintain a record of the excise tax for each purchase of wheat on the grain settlement form or check stub showing payment to the grower for each purchase.
(2) The first purchaser shall also maintain a record of all settlements in which an excise tax was not deducted from the payment to the grower.
(3) Such records maintained by the first purchaser shall provide the following information: (a) Name and address of the grower and seller; (b) the date of the purchase; (c) the number of bushels of wheat sold; (d) the net market value of the wheat sold; and (e) the amount of wheat excise tax collected on each purchase. Such records shall be open for inspection and audit by authorized representatives of the board during normal business hours observed by the purchaser.
(4) The first purchaser shall file with the board by the last day of each January, April, July, and October on forms prescribed by the board, a statement of the number of bushels of wheat purchased in Nebraska. Such statement shall include the number of bushels of wheat for which the first purchaser collected the excise tax. At the time the statement is filed, the purchaser shall pay and remit to the board the tax as provided for in section 2-2311.
Source
Laws 1955, c. 5, § 15, p. 63;
Laws 1959, c. 8, § 2, p. 106;
Laws 1965, c. 16, § 1, p. 148;
Laws 1969, c. 21, § 3, p. 195;
Laws 1981, LB 11, § 31;
Laws 2022, LB805, § 6.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-2317 - Nebraska Wheat Development, Utilization, and Marketing Fund; created; use; investment.

2-2317.
Nebraska Wheat Development, Utilization, and Marketing Fund; created; use; investment.
The Nebraska Wheat Development, Utilization, and Marketing Fund is created. All taxes collected by the board pursuant to the Nebraska Wheat Resources Act and any repayments relating to the fund, including license fees or royalties, shall be remitted to the State Treasurer for credit to the fund. The fund shall be used to carry out the act. The board shall at each regular meeting review and approve all expenditures made since its last regular meeting. 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 1955, c. 5, § 17, p. 64;
Laws 1969, c. 584, § 30, p. 2359;
Laws 1981, LB 11, § 33;
Laws 1983, LB 53, § 1;
Laws 1987, LB 1, § 14;
Laws 1995, LB 7, § 11;
Laws 2012, LB905, § 8.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-2318 - Board; restriction on authority; cooperation with other entities, authorized.

2-2318.
Board; restriction on authority; cooperation with other entities, authorized.
(1) The Nebraska Wheat Development, Utilization, and Marketing Board shall not set up research units or agencies of its own. The board may cooperate with, provide grants to, or contract with any of the following for the purposes described in subdivisions (1) and (5) of section 2-2309, with preference given to private-sector individuals or entities:
(a) A business entity formed by one or more growers;
(b) The Department of Agriculture;
(c) The University of Nebraska Institute of Agriculture and Natural Resources; or
(d) Any other public or private local, state, or national organization.
(2) This section shall not be construed to prohibit the board from exercising its powers under subdivisions (1)(b) and (c) of section 2-2309, including its ability to produce and sell wheat for use as seed without cooperating with, providing grants to, or contracting with any of the individuals or entities described in subsection (1) of this section.
Source
Laws 1955, c. 5, § 18, p. 64;
Laws 1981, LB 11, § 35;
Laws 1987, LB 1, § 15;
Laws 2012, LB905, § 9;
Laws 2022, LB805, § 7.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-2319 - Violations; penalty.

2-2319.
Violations; penalty.
Any person violating the Nebraska Wheat Resources Act shall be guilty of a Class III misdemeanor.
Source
Laws 1955, c. 5, § 19, p. 65;
Laws 1977, LB 40, § 20;
Laws 2012, LB905, § 10.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-2321 - Board; use of funds; restriction.

2-2321.
Board; use of funds; restriction.
No funds collected by the board shall be expended directly or indirectly to promote or oppose any candidate for public office or to influence state legislation. The board shall not expend more than twenty-five percent of its annual budget to influence federal legislation.
Source
Laws 1981, LB 11, § 34;
Laws 1985, LB 60, § 1.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-2622 - Act, how cited.

2-2622.
Act, how cited.
Sections 2-2622 to 2-2659 shall be known and may be cited as the Pesticide Act.
Source
Laws 1993, LB 588, § 1;
Laws 2002, LB 436, § 1;
Laws 2010, LB254, § 1.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-2623 - Legislative intent.

2-2623.
Legislative intent.
The intent of the Pesticide Act is to regulate, in the public interest, the labeling, distribution, storage, transportation, use, application, and disposal of pesticides for the protection of human health and the environment. The Legislature hereby finds that pesticides are valuable to our state's agricultural production and to the protection of humans and the environment from insects, rodents, weeds, and other forms of life which may be pests but that it is essential to the public health and the welfare that pesticides be regulated to prevent adverse effects on humans and the environment. New pesticides are continually being discovered, synthesized, or developed which are valuable for the control of pests and for use as defoliants, desiccants, and plant regulators, but such pesticides may be ineffective, may cause injury to humans, or may cause unreasonably adverse effects on the environment if not properly used. Pesticides may injure humans or animals, either by direct poisoning or by gradual accumulation of pesticide residues in the tissues. Crops or other plants may also be injured by improper use of pesticides, and the drifting or washing of pesticides into streams or lakes may cause appreciable damage to aquatic life. A pesticide used for the purpose of exerting pesticidal action in a crop which is not itself injured by the pesticide may drift and injure other crops or nontarget organisms with which it comes in contact. The monitoring of pesticides in ground water and surface water is essential for human health and the environment. Therefor, it is deemed necessary to provide for regulation of pesticides.
Source
Laws 1993, LB 588, § 2;
Laws 2002, LB 436, § 2.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-2625 - Local ordinances and resolutions; preemption; regulatory functions; contracts authorized.

2-2625.
Local ordinances and resolutions; preemption; regulatory functions; contracts authorized.
Except as specifically provided in the Pesticide Act, the provisions of the act shall preempt ordinances and resolutions by political subdivisions that prohibit or regulate any matter relating to the registration, labeling, distribution, sale, handling, use, application, or disposal of pesticides. The department may contract with a city of the metropolitan or primary class it deems qualified to conduct, on a case-by-case basis, any regulatory functions authorized pursuant to the act relating to the disposal of pesticides except those functions relating to the issuance, suspension, or revocation of permits or any order of probation, suspension, immediate suspension, or revocation.
Source
Laws 1993, LB 588, § 4;
Laws 2002, LB 436, § 4.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-2627 - Pesticide Administrative Cash Fund; created; use; investment.

2-2627.
Pesticide Administrative Cash Fund; created; use; investment.
The Pesticide Administrative Cash Fund is hereby created. The fund shall be used by the department to aid in defraying the expenses of administering the act. Any money in the Pesticide Administrative Cash 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 1993, LB 588, § 6;
Laws 1994, LB 1066, § 5;
Laws 2001, LB 329, § 3;
Laws 2006, LB 874, § 4.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-2628 - Registration required; when.

2-2628.
Registration required; when.
(1) Except as provided by subsection (2), (3), or (4) of this section, no pesticide shall be distributed in this state or delivered for transportation or transported in intrastate commerce or between points within the state through a point outside the state unless it is registered with the department pursuant to section 2-2629. The manufacturer or other person whose name appears on the label of the pesticide shall register the pesticide.
(2) Registration shall not be required for the transportation of a pesticide through the state without being unloaded or stored at any point or from one plant or warehouse to another plant or warehouse operated by the same person if the pesticide is used solely at the second plant or warehouse as a constituent of a pesticide that is registered under such section.
(3) Registration shall not be required if the pesticide is distributed under the provisions of an experimental-use permit issued by the federal agency.
(4) Registration may not be required, as determined by the department, if the pesticide is not required to be registered by the federal agency.
Source
Laws 1993, LB 588, § 7;
Laws 2019, LB320, § 3.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-2629 - Registration; application; contents; department; powers; confidentiality; agent for service of process or consent to jurisdiction.

2-2629.
Registration; application; contents; department; powers; confidentiality; agent for service of process or consent to jurisdiction.
(1) The application for registration of a pesticide shall include:
(a) The name and address of the applicant and the name and address of the person whose name shall appear on the pesticide label, if not the applicant's;
(b) The trade name of the pesticide;
(c) A complete copy of all labeling to accompany the pesticide, including any websites or other locations where electronic information about the pesticide may be found, and a statement of all claims to be made for it, including the directions for use;
(d) The use classification, whether for restricted or general use, as provided by the federal act;
(e) The use classification proposed by the applicant if the pesticide is not required by federal law to be registered under a use classification;
(f) Either a designation of a resident agent for service of process or a consent by the applicant to the jurisdiction of this state, for actions taken in the administration and enforcement of the Pesticide Act; and
(g) Other information required by the department for determining the eligibility for registration.
(2) Application information may be provided in electronic format acceptable to the department.
(3) The department may require the applicant to submit the complete formula for a pesticide, including active and inert ingredients, as a prerequisite to registration.
(4) The department may require additional information including a full description of the tests conducted and the results of the tests on which claims are based, either before or after approving the registration of a pesticide. The department may request that additional tests or field monitoring be conducted in Nebraska ecosystems, or reasonably similar ecosystems, in order to determine the validity of assumptions used to register pesticides under the federal act.
(5) Information collected under subsection (3) or (4) of this section shall not be public records. The department shall not reveal such information to other than representatives of the department, the Attorney General or other legal representative of the department when relevant in any judicial proceeding, or any other officials of another Nebraska agency, the federal government, or other states who are similarly prohibited from revealing this information.
Source
Laws 1993, LB 267, § 33;
Laws 1993, LB 588, § 8;
Laws 2002, LB 436, § 6;
Laws 2006, LB 874, § 5;
Laws 2009, LB100, § 1;
Laws 2013, LB69, § 3;
Laws 2019, LB320, § 4.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-2630 - Label; contents; requirements.

2-2630.
Label; contents; requirements.
(1) Each pesticide distributed in this state shall bear a label containing the following information relating to the pesticide:
(a) The name, brand, or trademark under which the pesticide is distributed;
(b) The name and percentage of each active ingredient and the total percentage of inert ingredients;
(c) Directions for use that are necessary for effecting the purpose for which the product is intended and, if complied with, are adequate for the protection of health and the environment;
(d) The federal agency's designated registration and establishment numbers for the pesticide;
(e) The name and address of the manufacturer, registrant, or person for whom the pesticide was manufactured;
(f) Numbers or other symbols to identify the lot or batch of the manufacturer of the contents of the package; and
(g) A clear display of appropriate dangers, warnings, symbols, and cautionary statements commensurate with the toxicity or use classification of the pesticide.
(2) The labeling of each pesticide distributed in this state shall state the use classification for which the product is registered.
(3) The label bearing the ingredient statement under subdivision (1)(b) of this section shall be on or attached to that part of the immediate container that is presented or displayed under customary conditions of purchase and, if the ingredient statement cannot be clearly read without removing the outer wrapping, on any outer container or wrapper of a retail package.
(4) Any word, statement, or information required by the Pesticide Act to appear on a label or in labeling of a pesticide or device shall be prominently and conspicuously placed so that, if compared with other material on the label or in the labeling, it is likely to be understood by the ordinary individual under customary condition of use.
Source
Laws 1993, LB 588, § 9;
Laws 2019, LB320, § 5.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-2631 - Registration; expiration; renewal.

2-2631.
Registration; expiration; renewal.
Registration of a pesticide shall expire annually on December 31 unless sooner canceled. A person who applies for renewal of registration shall include in the renewal application only information that is different from the information furnished at the time of the most recent registration or renewal. A registration in effect on December 31 for which a renewal application has been filed and renewal fees have been paid shall continue in effect until the department notifies the applicant that the registration has been renewed or denied renewal.
Source
Laws 1993, LB 588, § 10.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-2632 - Registration; denial or change in status; grounds; procedure.

2-2632.
Registration; denial or change in status; grounds; procedure.
(1) The department may deny an application for registration of a pesticide under the Pesticide Act or may cancel, suspend, or modify such registration if the department finds that:
(a) The composition of the pesticide does not warrant the proposed claims made for it;
(b) The pesticide, its labeling, or other materials required to be submitted do not comply with the requirements of the Pesticide Act; or
(c) The department has reason to believe that any use of a registered pesticide is in violation of a provision of the Pesticide Act or the federal act or is dangerous or harmful.
(2) The department shall issue written notice of its denial, cancellation, suspension, or modification and shall give such registrant or applicant an opportunity to make necessary corrections or to have a hearing pursuant to the procedure in section 2-2649.02.
(3) After an opportunity at a hearing for presentation of evidence by interested parties, the department may deny, cancel, suspend, or modify the registration of the pesticide if the department finds that:
(a) Use of the pesticide has demonstrated uncontrollable adverse environmental effects;
(b) Use of the pesticide is a detriment to the environment that outweighs the benefits derived from its use;
(c) Even if properly used, the pesticide is detrimental to vegetation except weeds, to domestic animals, or to public health and safety;
(d) A false or misleading statement about the pesticide has been made or implied by the registrant or the registrant's agent, in writing, verbally, or through any form of advertising literature;
(e) The registrant has not complied or the pesticide or its labeling or submitted material does not comply with a requirement of the Pesticide Act, the rules and regulations adopted and promulgated under the act, or the federal act; or
(f) The composition of the pesticide does not warrant the proposed claims made for it.
Source
Laws 1993, LB 588, § 11;
Laws 2002, LB 436, § 7;
Laws 2019, LB320, § 6.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-2633 - Registration for special local need; procedure.

2-2633.
Registration for special local need; procedure.
(1) The department may register a pesticide for additional uses and methods of application not covered by federal regulation but not inconsistent with federal law for the purpose of meeting a special local need.
(2) Before approving a registration under this section, the department shall determine that the applicant meets the other requirements of the Pesticide Act and that a special local need exists.
(3) The department shall notify the federal agency of the issuance of any special local need registration. If the federal agency disapproves of any special local need registration within ninety days after issuance, such registration shall not be effective longer than such time.
Source
Laws 1993, LB 588, § 12.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-2634 - Registration and renewal fees; late registration fee.

2-2634.
Registration and renewal fees; late registration fee.
(1) As a condition to registration or renewal of registration as required by sections 2-2628 to 2-2633, an applicant shall pay to the department a fee of one hundred sixty dollars for each pesticide to be registered, except that the fee may be increased or decreased by rules and regulations adopted and promulgated pursuant to the Pesticide Act. In no event shall such fee exceed two hundred ten dollars for each pesticide to be registered.
(2) All fees collected under subsection (1) of this section shall be remitted to the State Treasurer for credit as follows:
(a) Thirty dollars of such fee to the Noxious Weed Cash Fund as provided in section 2-958;
(b) Fifty dollars of such fee to the Buffer Strip Incentive Fund as provided in section 2-5106;
(c) Fifty-five dollars of such fee to the Natural Resources Water Quality Fund; and
(d) The remainder of such fee to the Pesticide Administrative Cash Fund.
(3) If a person fails to apply for renewal of registration before January 1 of any year, such person, as a condition to renewal, shall pay a late registration fee equal to twenty-five percent of the fee due and owing per month, not to exceed one hundred percent, for each product to be renewed in addition to the renewal fee. The purpose of the late registration fee is to cover the administrative costs associated with collecting fees, and all money collected as a late registration fee shall be remitted to the State Treasurer for credit to the Pesticide Administrative Cash Fund.
Source
Laws 1993, LB 588, § 13;
Laws 1998, LB 1126, § 12;
Laws 2001, LB 329, § 4;
Laws 2006, LB 874, § 6;
Laws 2013, LB69, § 4;
Laws 2021, LB90, § 1.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-2636 - Pesticide applicators; restrictions; department; duties; reciprocity.

2-2636.
Pesticide applicators; restrictions; department; duties; reciprocity.
(1) The department shall license pesticide applicators involved in the categories established in 40 C.F.R. part 171, as the regulation existed on January 1, 2019, and any other categories established pursuant to rules and regulations necessary to meet the requirements of the state. The department may issue a reciprocal license to a pesticide applicator licensed or certified in another state or by a federal agency. Residents of the State of Nebraska are not eligible for reciprocal certification. The department may waive part or all of any license certification examination requirements for a reciprocal license if the other state or federal agency that licensed or certified the pesticide applicator has substantially the same certification examination standards and procedural requirements as required under the Pesticide Act.
(2) A person shall not use a restricted-use pesticide unless the person is:
(a) At least eighteen years of age except as provided in subsection (6) of section 2-2642;
(b) Licensed and authorized by the license to use the restricted-use pesticide in the category covering the proposed pesticide use; or
(c) Working under the direct supervision of a licensed certified applicator pursuant to subsection (5) of section 2-2642.
(3) A person shall not use lawn care or structural pest control general-use pesticides on the property of another person for hire or compensation unless the person is:
(a) Licensed as a commercial applicator; or
(b) At least sixteen years of age and working under the direct supervision of a licensed certified applicator pursuant to subsection (4) of section 2-2642.
(4) An employee or other person acting on behalf of any political subdivision of the state shall not use general-use pesticides for outdoor vector control unless the applicator is:
(a) Licensed as a commercial applicator or a noncommercial applicator; or
(b) At least sixteen years of age and working under the direct supervision of a licensed certified applicator pursuant to subsection (4) of section 2-2642.
Source
Laws 1993, LB 588, § 15;
Laws 2002, LB 436, § 9;
Laws 2006, LB 874, § 7;
Laws 2009, LB100, § 2;
Laws 2013, LB69, § 6;
Laws 2019, LB320, § 8.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-2637 - Commercial and noncommercial licenses; classification; testing; Cooperative Extension Service; conduct training sessions.

2-2637.
Commercial and noncommercial licenses; classification; testing; Cooperative Extension Service; conduct training sessions.
(1) The department may classify commercial and noncommercial licenses under categories according to the subject, method, or place of pesticide application and establish separate testing requirements for certification and licensing in each category. All written examinations for certification shall be the property of the department. Any person taking such an examination shall return the examination to the director's authorized agent prior to leaving the examination site.
(2) The Cooperative Extension Service of the University of Nebraska (Nebraska Extension), through its county extension educators and specialists in the State of Nebraska, shall conduct training sessions on the use of restricted-use pesticides for private, commercial, and noncommercial applicators which meet the requirements for private applicator certification training established in 40 C.F.R. 171.105, and provide all trainees with thorough comprehension and knowledge on the safe use of restricted-use pesticides and general-use pesticides used by applicators required to be certified pursuant to sections 2-2636 to 2-2642. The Nebraska Extension shall schedule regular and frequent training sessions and shall issue recommendations to the director of satisfactory training for private, commercial, and noncommercial applicators completing the training.
(3) All candidates for certification or recertification shall present valid government-issued identification at training sessions and certification or recertification examinations.
Source
Laws 1993, LB 588, § 16;
Laws 2002, LB 436, § 10;
Laws 2019, LB320, § 9.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-2638 - Commercial applicator license; when required; application; denial, when; fee; resident agent for service of process or consent to jurisdiction.

2-2638.
Commercial applicator license; when required; application; denial, when; fee; resident agent for service of process or consent to jurisdiction.
(1) An individual who uses restricted-use pesticides on the property of another person in the State of Nebraska for hire or compensation shall meet all certification requirements of the Pesticide Act and the rules and regulations adopted and promulgated under the act and shall be a commercial applicator license holder of a license issued for the categories in which the pesticide use is to be made.
(2) Any person who uses lawn care or structural pest control general-use pesticides on the property of another person in the State of Nebraska for hire or compensation shall be a commercial applicator license holder, except as provided in subsection (3) of section 2-2636, regardless of whether such person uses any restricted-use pesticide.
(3) Application for an original or renewal commercial applicator license shall be made to the department on forms prescribed by the department. The application shall include information as required by the director and be accompanied by a license fee of ninety dollars. The application shall include the applicant's date of birth. The fee may be increased by the director by rules and regulations adopted and promulgated pursuant to the act. The fee shall not exceed one hundred fifty dollars per license. All fees collected shall be remitted to the State Treasurer for credit to the Natural Resources Water Quality Fund.
(4) The department may deny a commercial applicator license if it has determined that:
(a) The applicant has had a license as a licensed certified applicator issued by this state or another state revoked within the last two years;
(b) The applicant has been unable to satisfactorily fulfill certification or licensing requirements;
(c) The applicant for any other reason cannot be expected to be able to fulfill the provisions of the Pesticide Act applicable to the category for which application is made; or
(d) An applicant for an original commercial applicator license has not passed an examination under sections 2-2637 and 2-2640.
(5) An individual to whom a commercial applicator license is issued shall be a licensed certified applicator authorized to use restricted-use pesticides in the categories in which the individual is licensed.
(6) As a condition to issuance of a commercial applicator license, an applicant located outside this state shall file with the department either a written designation of a resident agent for service of process or a written consent to the jurisdiction of this state for actions taken in the administration and enforcement of the act.
Source
Laws 1993, LB 588, § 17;
Laws 1997, LB 752, § 55;
Laws 2001, LB 329, § 6;
Laws 2002, LB 436, § 11;
Laws 2006, LB 874, § 8;
Laws 2009, LB100, § 3;
Laws 2013, LB69, § 7;
Laws 2019, LB320, § 10.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-2639 - Noncommercial applicator license; application; denial, when; resident agent for service of process or consent to jurisdiction.

2-2639.
Noncommercial applicator license; application; denial, when; resident agent for service of process or consent to jurisdiction.
(1) A noncommercial applicator shall meet all certification requirements of the Pesticide Act and shall be a noncommercial applicator license holder of a license issued for the categories in which the pesticide use is to be made.
(2) Application for an original or renewal noncommercial applicator license shall be made to the department on forms prescribed by the department. The application shall include the applicant's date of birth. The department shall not charge a noncommercial applicant a license fee.
(3) The director shall not issue an original noncommercial applicator license before the applicant has passed the applicable examination under sections 2-2637 and 2-2640.
(4) A person to whom a noncommercial applicator license is issued shall be a licensed certified applicator authorized to use restricted-use pesticides in the categories in which the individual is licensed.
(5) The department may deny a noncommercial applicator license if it determines that the applicant:
(a) Has had a license as a licensed certified applicator issued by this state or another state revoked within the last two years;
(b) Has been unable to satisfactorily fulfill certification or licensing requirements;
(c) For any other reason is unable to fulfill the provisions of the Pesticide Act applicable to the category for which application is made;
(d) For an original noncommercial applicator license, has not passed an examination under sections 2-2637 and 2-2640; or
(e) Meets the definition of a private applicator.
(6) As a condition to issuance of a noncommercial applicator license, an applicant located outside this state shall file with the department either a written designation of a resident agent for service of process or a written consent to the jurisdiction of this state for actions taken in the administration and enforcement of the Pesticide Act.
Source
Laws 1993, LB 588, § 18;
Laws 1997, LB 752, § 56;
Laws 2002, LB 436, § 13;
Laws 2006, LB 874, § 9;
Laws 2009, LB100, § 4;
Laws 2013, LB69, § 8;
Laws 2019, LB320, § 11.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-2640 - Commercial and noncommercial applicator licenses; examination required.

2-2640.
Commercial and noncommercial applicator licenses; examination required.
Each person applying for a license as a commercial or noncommercial applicator shall meet the certification requirement of passing an examination demonstrating that the person:
(1) Is properly qualified to perform functions associated with pesticide use to a degree directly related to the nature of the activity and the associated responsibility; and
(2) Has knowledge of the use and effects of restricted-use pesticides in the categories in which the person is to be licensed.
Source
Laws 1993, LB 588, § 19;
Laws 2002, LB 436, § 14;
Laws 2019, LB320, § 12.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-2641 - Private applicator; qualifications; application for license; requirements; fee.

2-2641.
Private applicator; qualifications; application for license; requirements; fee.
(1) An individual applying for a license as a private applicator shall meet the certification requirement of (a) undertaking a training session approved by the department or (b) passing an examination showing that the person is properly qualified to perform functions associated with pesticide use to a degree directly related to the nature of the activity and the associated responsibility. The examination shall be approved by the department and monitored by the department or its authorized agent. The application shall include the applicant's date of birth.
(2) All candidates for certification or recertification must present valid government-issued identification at training sessions and certification or recertification examinations.
(3) Application for an original or renewal private applicator license shall be made to the department on forms prescribed by the department and shall be accompanied by a license fee of twenty-five dollars. All fees collected shall be remitted to the State Treasurer for credit to the Natural Resources Water Quality Fund.
Source
Laws 1993, LB 588, § 20;
Laws 1997, LB 752, § 57;
Laws 2001, LB 329, § 7;
Laws 2002, LB 436, § 15;
Laws 2006, LB 874, § 10;
Laws 2009, LB100, § 5;
Laws 2013, LB69, § 9;
Laws 2019, LB320, § 13.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-2643 - Records; requirements.

2-2643.
Records; requirements.
(1) All applicators applying restricted-use pesticides are required to maintain records of the use of all restricted-use pesticides. Licensed certified applicators who supervise noncertified applicators are required to document and maintain or verify the existence of and have access to the records required to be maintained by 40 C.F.R. 171.201. The department may by rules and regulations prescribe the information to be included in the records.
(2) The department may require a license holder to keep records of the licensee's use of general-use pesticides. The department may by rules and regulations prescribe the information to be included in the records.
(3) The license holder shall keep records required under this section for a period of three years from the date of the pesticide use.
(4) The license holder shall provide the department access to such records and a copy of any requested record pertaining to the use of pesticides.
Source
Laws 1993, LB 588, § 22;
Laws 2002, LB 436, § 17;
Laws 2019, LB320, § 15.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-2643.01 - License holder; prohibited acts.

2-2643.01.
License holder; prohibited acts.
A license holder shall not:
(1) Make a pesticide recommendation or use a pesticide in a manner inconsistent with the pesticide's labeling or with the restrictions on the use of the pesticide imposed by the state, the federal agency, or the federal act;
(2) Operate in a faulty, careless, or negligent manner;
(3) Refuse or neglect to keep and maintain the records required by the Pesticide Act or to make reports as required;
(4) Make false or fraudulent records, invoices, or reports;
(5) Use fraud or misrepresentation in making an application for a license or renewal of a license; or
(6) Aid or abet a license holder or an unlicensed person to evade the Pesticide Act, conspire with a license holder or an unlicensed person to evade the act, or allow the license holder's license to be used by another person.
Source
Laws 2002, LB 436, § 18.