reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2,272.10 - Food employees; hand washing; food contact; restrictions.

81-2,272.10.
Food employees; hand washing; food contact; restrictions.
(1) Food employees shall wash their hands as specified in the Nebraska Pure Food Act.
(2) Food employees shall be trained to wash their hands as specified in the act.
(3) Except when washing fruits and vegetables, food employees shall minimize bare hand and arm contact with exposed food. This may be accomplished with the use of suitable utensils such as deli tissues, spatulas, tongs, single-use gloves, or dispensing equipment.
(4) Food employees not serving a highly susceptible population may contact exposed, ready-to-eat food with their bare hands if they have washed their hands as specified in the act prior to handling the food.
Source
Laws 1997, LB 199, § 35;
Laws 2003, LB 250, § 9;
Laws 2007, LB74, § 6.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2,272.24 - Time/temperature control for safety food; date marking; sale, consumption, or discard requirements.

81-2,272.24.
Time/temperature control for safety food; date marking; sale, consumption, or discard requirements.
In addition to the provisions of sections 3-501.17 and 3-501.18 of the Food Code which apply to food held at a temperature of forty-one degrees Fahrenheit (five degrees Celsius) or below, food held in refrigeration between forty-five degrees Fahrenheit (seven degrees Celsius) and forty-one degrees Fahrenheit (five degrees Celsius) shall meet the following requirements:
(1) Except when packaging food using a reduced oxygen packaging method as specified in section 3-502.12 of the Food Code and except as specified in section 3-501.17 of the Food Code, refrigerated, ready-to-eat, time/temperature control for safety food prepared and held in a food establishment for more than twenty-four hours shall be clearly marked to indicate the date of preparation. The food shall be sold, consumed on the premises, or discarded within four calendar days or less;
(2) Except as specified in section 3-501.17 of the Food Code, refrigerated, ready-to-eat, time/temperature control for safety food prepared and packaged by a food processing plant and held refrigerated at such food establishment, shall be clearly marked, at the time the original container is opened in a food establishment, to indicate the date the food container was opened. The food shall be sold, consumed on the premises, or discarded within four calendar days or less; and
(3) A food specified under this section shall be discarded if such food:
(a) Exceeds the temperature and time combinations specified in subdivision (1) of this section, except time that the food is frozen;
(b) Is in a container or package that does not bear a date or day;
(c) Is appropriately marked with a date or day that exceeds the temperature and time combination as specified in subdivision (1) of this section; or
(d) Is prepared in a food establishment and dispensed through a vending machine with an automatic shut-off control if it exceeds the temperature and time combination as specified in subdivision (1) of this section.
Source
Laws 1997, LB 199, § 49;
Laws 1999, LB 474, § 14;
Laws 2003, LB 250, § 15;
Laws 2007, LB74, § 8;
Laws 2016, LB798, § 11.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2,272.31 - Water supply; requirements.

81-2,272.31.
Water supply; requirements.
Except in response to a temporary interruption of a water supply in the food establishment, any food establishment which is not a food delivery service, mobile food unit, or temporary food establishment shall:
(1) Have water under pressure provided to all fixtures, equipment, and nonfood equipment that are required to use water;
(2) Receive water through the use of an approved water main;
(3) Have a permanent plumbing system; and
(4) Have at least one toilet which is permanent, convenient, and accessible.
Source
Laws 2003, LB 250, § 19;
Laws 2017, LB134, § 10.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2,272.32 - Food employee; fingernail requirements.

81-2,272.32.
Food employee; fingernail requirements.
(1) Except as provided under subsection (2) of this section, a food employee shall keep his or her fingernails trimmed, filed, and maintained so the edges and surfaces are cleanable and not rough. Unless wearing intact gloves in good condition, a food employee shall not wear fingernail polish or artificial fingernails when working with exposed food.
(2) This section does not apply to a food employee such as a counter staff person who only serves beverages and wrapped or packaged foods, a host staff person, or a wait staff person if he or she presents a minimal risk of contaminating exposed food, clean equipment, utensils, and linens, and unwrapped single-service and single-use articles.
Source
Laws 2003, LB 250, § 22.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2,275 - Food establishment, food processing plant, or salvage operation; unlawful operation.

81-2,275.
Food establishment, food processing plant, or salvage operation; unlawful operation.
It is unlawful for a person to operate a food establishment, food processing plant, or salvage operation in any manner which is not in conformity with the Nebraska Pure Food Act or the rules and regulations adopted and promulgated pursuant thereto or to interfere with the duties of the department or any final order of the director pursuant to such act.
Source
Laws 1991, LB 358, § 44;
Laws 1997, LB 199, § 56.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2,276 - Food establishment, food processing plant, or salvage operation regulation.

81-2,276.
Food establishment, food processing plant, or salvage operation regulation.
It is the responsibility of the department to regulate the operation of food establishments, food processing plants, and salvage operations in the manner set out in the Nebraska Pure Food Act.
Source
Laws 1981, LB 487, § 26;
R.S.1943, (1987), § 81-216.22;
Laws 1991, LB 358, § 45;
Laws 1997, LB 199, § 57.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2,277 - Food processing plants and salvage operations; compliance required.

81-2,277.
Food processing plants and salvage operations; compliance required.
Food processing plants and salvage operations shall comply with the federal Current Good Manufacturing Practice In Manufacturing, Packing, or Holding Human Food adopted in section 81-2,259.
Source
Laws 1999, LB 474, § 15;
Laws 2012, LB771, § 8;
Laws 2016, LB798, § 12.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2,278 - Mobile food establishment operators; guidance document.

81-2,278.
Mobile food establishment operators; guidance document.
The department shall develop and make available to the public a guidance document for mobile food establishment operators. The guidance document shall describe food establishment permit requirements applicable to mobile food establishments, including permit requirements applicable to reciprocity agreements between participating regulatory authorities under section 81-2,278.01.
Source
Laws 2023, LB562, § 29.
Effective Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2,278.01 - Mobile food establishment; political subdivision; local licensing reciprocity; report.

81-2,278.01.
Mobile food establishment; political subdivision; local licensing reciprocity; report.
(1) A political subdivision acting as a regulatory authority may enter into an agreement under the Interlocal Cooperation Act with other public agencies to grant and provide reciprocity for local licensing of mobile food establishments for purposes of regulating food safety and handling.
(2) On or before December 1, 2023, a political subdivision acting as a regulatory authority that is eligible to participate in an agreement under this section shall submit a report electronically to the Legislature. Such report shall contain the following information:
(a) A description of any reciprocity agreement entered into pursuant to this section; or
(b) If a reciprocity agreement has not been entered into pursuant to this section, a summary of actions taken to develop such an agreement and a description of any impediments to such an agreement.
Source
Laws 2023, LB562, § 27.
Effective Date: September 2, 2023
Cross References
Interlocal Cooperation Act, see section 13-801.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2,279 - Mobile Food Establishment Ordinance Registry; department; powers and duties; city of the first class or city of the second class; requirements.

81-2,279.
Mobile Food Establishment Ordinance Registry; department; powers and duties; city of the first class or city of the second class; requirements.
(1) For purposes of this section, city means a city of the first class or a city of the second class.
(2) The department shall establish and maintain the Mobile Food Establishment Ordinance Registry. The registry shall be made available for review by the public on the department's website. The purpose of the registry is to record in a central location the municipal ordinances used to regulate mobile food establishments.
(3) Each city shall participate in the registry. Except as provided in subsection (4) of this section, each city shall provide the department with the following information for the registry:
(a) The name and address of each person responsible for regulating mobile food establishment operations;
(b) A sample copy of any form that is required to be submitted in order for the mobile food establishment to operate in the city;
(c) A complete electronic record of the ordinances used to regulate mobile food establishments; and
(d) Any other information the department deems necessary.
(4) Any city that does not regulate the operation of mobile food establishments in any way shall submit to the department for publication on the registry a written statement confirming that the city does not regulate the operation of mobile food establishments.
(5) To ensure an accurate and updated registry, each city shall:
(a) Upon a request by the department, make available to the department all information required pursuant to this section; and
(b) Beginning in 2023, by December 31 of each calendar year notify the department of any new or modified ordinance adopted within such calendar year regulating mobile food establishments.
(6) The department may adopt and promulgate rules and regulations to carry out this section.
Source
Laws 2023, LB562, § 28.
Effective Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2,280 - Certain sales direct to consumer; producer; registration; contents.

81-2,280.
Certain sales direct to consumer; producer; registration; contents.
A producer of food described in subdivision (7) of section 81-2,245.01 shall register with the department prior to conducting any sales of food. The registration shall be made on forms prescribed by the department and include (1) the name, address, and telephone number of the producer, (2) the type of food safety and handling education or training course taken and the date of its successful completion, and (3) proof of private well water testing pursuant to subdivision (7)(f) of section 81-2,245.01, if applicable. This section shall not apply to a producer of food selling directly to the consumer at a farmers market.
Source
Laws 2019, LB304, § 3.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2,282 - Adulteration of food; prohibited; adulteration, defined.

81-2,282.
Adulteration of food; prohibited; adulteration, defined.
(1) It shall be unlawful for any person to adulterate any food or for any person to manufacture, distribute, offer for sale, or sell any adulterated food.
(2) Food shall be deemed to be adulterated if:
(a) It bears or contains any substance which may render it injurious to health, considering the quantity of such substance in or on the food;
(b) It consists in whole or in part of any diseased, contaminated, filthy, putrid, or decomposed substance or is otherwise unsafe for use as food;
(c) It has been manufactured, processed, packaged, stored, or held under insanitary conditions where it may have become unsafe for use as food;
(d) It is the product of a diseased animal or one that has died by any means other than slaughter;
(e) Its container is so constructed as to render the food unsafe or otherwise injurious to health; or
(f) Any valuable constituent of the food has been wholly or partially omitted or abstracted.
Source
Laws 1981, LB 487, § 32;
R.S.1943, (1987), § 81-216.28;
Laws 1991, LB 358, § 51.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2,283 - Misbranded food; prohibited; misbranded, defined.

81-2,283.
Misbranded food; prohibited; misbranded, defined.
(1) It shall be unlawful for any person to misbrand any food or distribute, offer for sale, or sell any misbranded food.
(2) A food shall be deemed to be misbranded if:
(a) It does not bear labeling clearly stating (i) the identity of the food in terms likely to be easily and accurately understood by the consumer, (ii) the net quantity of contents of the food in terms authorized under the Weights and Measures Act, and (iii) the name and address of the manufacturer, distributor, or seller of the food; or
(b) Its labeling is false or misleading in any manner.
Source
Laws 1981, LB 487, § 33;
Laws 1991, LB 356, § 3;
R.S.1943, (1987), § 81-216.29;
Laws 1991, LB 358, § 52.
Cross References
Weights and Measures Act, see section 89-182.01.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2,284 - Deceptive packaging of food; prohibited; deceptively packed or packaged, defined.

81-2,284.
Deceptive packaging of food; prohibited; deceptively packed or packaged, defined.
(1) It shall be unlawful for any person to deceptively pack or package any food or for any person to distribute, offer for sale, or sell any food that has been deceptively packed or packaged.
(2) A food shall be deemed to be deceptively packed or packaged if:
(a) Any substance has been added to, mixed with, or packed with the food so as to increase its bulk or weight, reduce its quality or strength, or make it appear to be better or of greater value than it actually is; or
(b) Any inferiority or damage to the food has been concealed in any manner.
Source
Laws 1981, LB 487, § 34;
Laws 1991, LB 356, § 4;
R.S.1943, (1987), § 81-216.30;
Laws 1991, LB 358, § 53;
Laws 1997, LB 199, § 59.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2,285 - False advertisement regarding food; prohibited; false advertisement, defined.

81-2,285.
False advertisement regarding food; prohibited; false advertisement, defined.
(1) It shall be unlawful for any person engaged in the sale, merchandising, or distribution of food to cause, with intent to deceive, the dissemination of a false advertisement regarding a food.
(2) An advertisement of a food shall be deemed to be false if it is false or misleading in any manner, including the following:
(a) The advertising of food as that of another;
(b) The advertising of food in a manner causing the likelihood of confusion or of misunderstanding as to the source, sponsorship, approval, or certification of such food;
(c) The advertising of food in a manner causing the likelihood of confusion or misunderstanding as to affiliation, connection, or association with or certification by another;
(d) The advertisement of food by use of deceptive representations or deceptive designation of geographic origin in connection with such food;
(e) The advertisement of food by way of representations that the food has sponsorship, approval, characteristics, ingredients, benefits, uses, or qualities that it does not have or that a person or company has a sponsorship, approval status, affiliation, or connection that he, she, or it does not have;
(f) The advertisement of food by way of a representation that the food is of a particular standard, quality, or grade when it is not;
(g) The advertisement of food by disparaging the food of another by false or misleading representations of fact;
(h) The advertisement of food with an intent not to sell it as advertised or an intent to sell an alternative food in substitution for the advertised food;
(i) The advertisement of food with the intent not to supply a reasonably expectable public demand unless the advertisement imposes a limitation of quantity; or
(j) The advertisement of food by making false or misleading statements of fact concerning the reasons for, existence of, or amounts of price reductions.
Source
Laws 1981, LB 487, § 35;
Laws 1982, LB 547, § 16;
R.S.1943, (1987), § 81-216.31;
Laws 1991, LB 358, § 54.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2,286 - Regulatory authority; determination of violations; use of federal regulations; when.

81-2,286.
Regulatory authority; determination of violations; use of federal regulations; when.
In determining whether food is being manufactured, processed, transported, distributed, offered for sale, or sold in violation of the adulteration, misbranding, deceptive packaging, or false advertising provisions of sections 81-2,282 to 81-2,285 or any other requirement of the Nebraska Pure Food Act which affects such food, the regulatory authority may utilize the appropriate definitions, standards, tolerances, standards of identity, standards of quality, or standards of fill of containers set out in the duly promulgated federal regulations applicable to food and food products if the regulatory authority finds that such federal regulations will adequately protect against the adulteration, misbranding, deceptive packaging, and false advertising of foods.
Source
Laws 1981, LB 487, § 36;
R.S.1943, (1987), § 81-216.32;
Laws 1991, LB 358, § 55.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2,287 - Regulatory authority; enforcement; issue stop-sale, stop-use, removal orders; procedure.

81-2,287.
Regulatory authority; enforcement; issue stop-sale, stop-use, removal orders; procedure.
If a regulatory authority finds that food is being manufactured, processed, distributed, offered for sale, or sold in violation of the adulteration, misbranding, deceptive packaging, or false advertising provisions of sections 81-2,282 to 81-2,285 or any other requirement of the Nebraska Pure Food Act which affects such food, such regulatory authority may issue and enforce a written or printed stop-sale, stop-use, or removal order to the person in charge of such food if the issuance of such an order is necessary for the protection of the public health, safety, or welfare. No food subject to any such order shall be used, sold, or moved without permission from the regulatory authority. Such an order shall specifically describe the nature of the violation found and the precise actions needed to be taken to bring the food into compliance with the applicable provisions of the act. Such order shall clearly advise the person in charge of the food that he or she may request an immediate hearing before the director or his or her designee on the matter. No such order may direct the involuntary and immediate disposal or destruction of any food until the person in charge of such food has been afforded an opportunity to be heard on the matter and an opportunity to appeal any order of the director or his or her designee from such a hearing in accordance with the Administrative Procedure Act. The regulatory authority may issue a stop-sale, stop-use, or removal order against articles of food that are perishable, even if the practical result of such an order is to bring about the involuntary disposal of such food, when, in the opinion of the person issuing the order, no alternative course of action would sufficiently protect the public health, safety, or welfare under the circumstances.
Source
Laws 1981, LB 487, § 37;
Laws 1988, LB 352, § 165;
R.S.Supp.,1990, § 81-216.33;
Laws 1991, LB 358, § 56.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2,288 - Department; adopt rules and regulations; contracts with federal agencies authorized; exemptions from act.

81-2,288.
Department; adopt rules and regulations; contracts with federal agencies authorized; exemptions from act.
(1) The department may adopt and promulgate rules and regulations to aid in the administration and enforcement of the Nebraska Pure Food Act.
(2) The department may adopt and promulgate rules and regulations to provide for source labeling on eggs which are packaged. The department may establish standards, grades, and weight classes for eggs.
(3) The department may contract with agencies of the federal government for the performance by the department of inspections and other regulatory functions at food establishments, food processing plants, or salvage operations within the state which are subject to federal jurisdiction and may receive federal funds for work performed under such contracts.
(4) Except as provided in subsection (3) of this section, the provisions of the act shall not apply to establishments or specific portions of establishments regularly inspected for proper sanitation by an agency of the federal government.
Source
Laws 1981, LB 487, § 38;
R.S.1943, (1987), § 81-216.34;
Laws 1991, LB 358, § 57;
Laws 1997, LB 199, § 60;
Laws 2017, LB134, § 12.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2,288.01 - Regulatory authority; inspection reporting requirements.

81-2,288.01.
Regulatory authority; inspection reporting requirements.
(1) The regulatory authority shall document on an inspection report form:
(a) Administrative information about the food establishment's legal identity, street and mailing addresses, type of establishment and operation, inspection date, status of the permit, and personnel certificates that may be required;
(b) Specific factual observations of violative conditions, omissions, or other deviations from the requirements of the Nebraska Pure Food Act that require correction by the permitholder; and
(c) Whether the violations listed are priority items, priority foundation items, or repeated.
(2) The regulatory authority shall specify on the inspection report form the timeframe for correction of the violations as specified in the Nebraska Pure Food Act.
(3) All procedures and requirements related to the inspection of food establishments in the act apply to food processing plants and salvage operations.
(4) The completed inspection report form is a public document that shall be made available for public disclosure to any person who requests it according to law.
Source
Laws 1997, LB 199, § 61;
Laws 1999, LB 474, § 17;
Laws 2020, LB835, § 4.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2,288.02 - Regulatory authority; inspection intervals.

81-2,288.02.
Regulatory authority; inspection intervals.
The regulatory authority may increase the interval between inspections beyond six months if the food establishment is assigned a less frequent inspection frequency based on a written risk-based inspection schedule that is being uniformly applied throughout the jurisdiction.
Source
Laws 1999, LB 474, § 18.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2,289 - Restraining orders and injunctions; department; county attorney; duties.

81-2,289.
Restraining orders and injunctions; department; county attorney; duties.
(1) The department may apply for a restraining order or a temporary or permanent injunction against any person violating or threatening to violate the Nebraska Pure Food Act, the rules and regulations adopted pursuant to the act, 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.
(2) It shall be the duty of the county attorney of the county in which any violation of the act occurs or is about to occur, when notified of such violation or threatened violation by the department, to cause appropriate proceedings under subsection (1) of this section to be instituted and pursued in the district court without delay.
Source
Laws 1981, LB 487, § 39;
R.S.1943, (1987), § 81-216.35;
Laws 1991, LB 358, § 58.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2,290 - Violations; penalty; county attorney; duties.

81-2,290.
Violations; penalty; county attorney; duties.
(1) Any person violating any provision of the Nebraska Pure Food Act, the rules and regulations adopted pursuant to the act, or a final order of the director shall be guilty of a Class IV misdemeanor notwithstanding the existence of any other remedy at law.
(2) It shall be the duty of the county attorney of the county in which any violation of the Nebraska Pure Food Act occurs or is about to occur, when notified of such violation by the department, to cause appropriate proceedings under subsection (1) of this section to be instituted and pursued in a court of competent jurisdiction.
Source
Laws 1981, LB 487, § 40;
R.S.1943, (1987), § 81-216.36;
Laws 1991, LB 358, § 59.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2,291 - Pure Food Cash Fund; created; use; investment.

81-2,291.
Pure Food Cash Fund; created; use; investment.
All fees paid to the department in accordance with the Nebraska Pure Food Act shall be remitted to the State Treasurer. The State Treasurer shall credit the fees to the Pure Food Cash Fund, which fund is hereby created. All money credited to such fund shall be appropriated to the uses of the department to aid in defraying the expenses of administering the act, except that transfers may be made from the fund to the General Fund at the direction of the Legislature.
Any money in the Pure Food 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 1981, LB 487, § 41;
R.S.1943, (1987), § 81-216.37;
Laws 1991, LB 358, § 60;
Laws 1994, LB 1066, § 98;
Laws 2009, First Spec. Sess., LB3, § 64.
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 › 81-2,292 - Bed and breakfast establishments; exempt from act.

81-2,292.
Bed and breakfast establishments; exempt from act.
The Nebraska Pure Food Act shall not apply to bed and breakfast establishments.
Source
Laws 1989, LB 548, § 1;
R.S.Supp.,1990, § 81-216.38;
Laws 1991, LB 358, § 61.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2,293 - Laboratory testing services; system of billing; Agricultural Laboratory Testing Services Cash Fund; created; use; investment.

81-2,293.
Laboratory testing services; system of billing; Agricultural Laboratory Testing Services Cash Fund; created; use; investment.
(1) The Department of Agriculture may contract with the following entities to perform laboratory testing services for such entities: Any agency, board, commission, or political subdivision of this or another state, another state, the federal government, or an association which includes members that are governmental entities. Laboratory testing services authorized by this section shall not be performed beyond the scope of the Department of Agriculture's statutory authority and shall be limited to one or more of the following: (a) Acts of terrorism, natural disaster, or other public health or agricultural emergency; (b) testing performed in accordance with intergovernmental agreements for laboratory testing services; and (c) testing performed in connection with validation studies for analytical techniques and methods developed by entities whose function is establishing or approving official laboratory analytical standards. Every department contract to perform laboratory testing services shall include provisions clearly stating that the State of Nebraska shall not be liable to any party to the contract or to any third person for negligence of the department in analyzing samples or in publishing testing findings that result in injury to persons or damage to property.
(2) The department shall develop an equitable system of billing and charges for the laboratory testing services. Such charges shall reflect, as nearly as practicable, the actual costs incurred in performing the services.
(3) The Agricultural Laboratory Testing Services Cash Fund is created. All gifts and grants relating to this section from any source, including federal, state, public, or private sources, and charges collected for laboratory testing services shall be remitted to the State Treasurer for credit to the fund. The department shall use the fund to carry out this section. 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 2005, LB 51, § 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 › 81-301 - Department of Banking and Finance; general powers.

81-301.
Department of Banking and Finance; general powers.
The Governor, through the agency of the Director of Banking and Finance, is vested with the power to regulate, supervise, and shall have general control over trade and commerce of the state and in addition to such general powers herein conferred, he is vested with the power and charged with the duty of enforcing, through the agency of the director, all of the provisions of Chapter 8. The Department of Banking and Finance shall collect, collate, assort, systematize and report statistical details of the manufacturing industries and commerce of the state, and shall acquire information and report upon the general conditions so far as production is concerned of the leading industries of the state.
Source
Laws 1919, c. 190, tit. V, art. I, § 1, p. 572;
C.S.1922, § 7742;
C.S.1929, § 81-3401;
R.S.1943, § 81-301;
Laws 1969, c. 778, § 3, p. 2951;
Laws 1976, LB 561, § 6.
Annotations
Suit instituted by Department of Insurance against citizens of another state, to recover assets of insolvent surety company in charge of department, is suit by state, and not within jurisdiction of federal court. Hertz v. Knudson, 6 F.2d 812 (8th Cir. 1925).
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-302 - Department of Banking and Finance Settlement Cash Fund; created; use; investment.

81-302.
Department of Banking and Finance Settlement Cash Fund; created; use; investment.
The Department of Banking and Finance Settlement Cash Fund is created. The fund shall be administered by the Department of Banking and Finance. The fund shall consist of money received by the state in settlements resulting from regulatory or judicial resolution of financial, securities, or consumer issues in which the department is designated as a recipient and any investment income earned on the fund. The Department of Administrative Services may for accounting purposes create subfunds of the fund to segregate awards or allocations received pursuant to different orders or settlements. The fund may be used by the Department of Banking and Finance for any allowable legal purposes as determined by the Director of Banking and Finance. 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 2013, LB199, § 14.
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 › 81-401 - Department of Labor; general powers.

81-401.
Department of Labor; general powers.
The Governor, through the agency of the Department of Labor created by section 81-101, shall have power:
(1) To foster, promote, and develop the welfare of wage earners;
(2) To improve working conditions;
(3) To advance opportunities for profitable employment;
(4) To collect, collate, assort, systematize, and report statistical details relating to all departments of labor, especially in its relation to commercial, industrial, social, economic, and educational conditions and to the permanent prosperity of the manufacturing and productive industries;
(5) To acquire and distribute useful information on subjects connected with labor in the most general and comprehensive sense of the word;
(6) To acquire and distribute useful information concerning the means of promoting the material, social, intellectual, and moral prosperity of laboring men and women;
(7) To acquire and distribute information as to the conditions of employment and such other facts as may be deemed of value to the industrial interests of the state;
(8) To acquire and distribute information in relation to the prevention of accidents, occupational diseases, and other related subjects;
(9) To acquire and distribute useful information regarding the role of the part-time labor force and the manner in which such labor force affects the economy and citizens of the state; and
(10) To administer and enforce all of the provisions of the Employment Security Law, the Farm Labor Contractors Act, and the Wage and Hour Act and Chapter 48, articles 2, 3, 4, and 5, and for that purpose there is imposed upon the Commissioner of Labor the duty of executing all of the provisions of such acts, law, and articles.
Source
Laws 1919, c. 190, tit. IV, art. I, § 1, p. 545;
C.S.1922, § 7654;
C.S.1929, § 81-2901;
Laws 1935, c. 57, § 37, p. 207;
C.S.Supp.,1941, § 81-2901;
R.S.1943, § 81-401;
Laws 1993, LB 334, § 1;
Laws 2001, LB 193, § 13;
Laws 2015, LB334, § 1;
Laws 2019, LB301, § 83.
Cross References
Employment Security Law, see section 48-601.
Farm Labor Contractors Act, see section 48-1701.
Wage and Hour Act, see section 48-1209.
Annotations
Matters of fair employment practices and civil rights are matters of statewide and not local concern. Midwest Employers Council, Inc. v. City of Omaha, 177 Neb. 877, 131 N.W.2d 609 (1964).
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-403 - Department of Labor; educational opportunities for youth; identify resources.

81-403.
Department of Labor; educational opportunities for youth; identify resources.
The Department of Labor shall review current programs, policies, and funding sources to identify available resources that may provide educational opportunities for youth. Such opportunities shall include training and job experience in the repair and alteration of public buildings as may be necessary to comply with the requirements of the federal Americans with Disabilities Act of 1990.
Source
Laws 1994, LB 988, § 44.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-406 - Contractor and Professional Employer Organization Registration Cash Fund; created; use; investment.

81-406.
Contractor and Professional Employer Organization Registration Cash Fund; created; use; investment.
The Contractor and Professional Employer Organization Registration Cash Fund is created. The fund shall be administered by the Department of Labor and shall consist of fees collected by the department pursuant to the Farm Labor Contractors Act, the Contractor Registration Act, and the Professional Employer Organization Registration Act and such sums as are appropriated to the fund by the Legislature. The fund shall be used for enforcing and administering the Farm Labor Contractors Act, the Contractor Registration Act, the Employee Classification Act, and the Professional Employer Organization Registration 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. Money in the Contractor and Professional Employer Organization Registration Cash Fund may be transferred to the General Fund at the direction of the Legislature.
The State Treasurer shall transfer one million seven hundred thousand dollars from the Contractor and Professional Employer Organization Registration Cash Fund to the General Fund on or before June 15, 2018, on such dates and in such amounts as directed by the budget administrator of the budget division of the Department of Administrative Services.
Source
Laws 2016, LB270, § 1;
Laws 2017, LB331, § 47.
Cross References
Contractor Registration Act, see section 48-2101.
Employee Classification Act, see section 48-2901.
Farm Labor Contractors Act, see section 48-1701.
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
Professional Employer Organization Registration Act, see section 48-2701.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-501.01 - State Fire Marshal; powers and duties; appointment; confirmation by Legislature; removal.

81-501.01.
State Fire Marshal; powers and duties; appointment; confirmation by Legislature; removal.
The Governor shall, with the advice and consent of the Legislature, appoint a State Fire Marshal who shall, under the general direction and supervision of the Governor, perform the duties and exercise the powers and have the rights and privileges conferred by sections 81-501.01 to 81-531 and 81-5,151 to 81-5,157. He or she may be removed from office at the pleasure of the Governor.
Source
Laws 1925, c. 183, § 1, p. 479;
C.S.1929, § 81-5501;
R.S.1943, § 81-501;
Laws 1974, LB 622, § 1;
Laws 1993, LB 348, § 78.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-502.01 - Nebraska Fire Safety Appeals Board; members; appointment; qualifications; term.

81-502.01.
Nebraska Fire Safety Appeals Board; members; appointment; qualifications; term.
For the purposes of assisting the State Fire Marshal in matters pertaining to the performance of his or her duties, there is hereby established the Nebraska Fire Safety Appeals Board. Such board shall consist of the following members: (1) A representative of the fire insurance industry with experience in fire prevention inspections, (2) an architect licensed in this state, (3) a member of a board of education of a public school district, (4) a fire protection engineer, (5) a member of the inspection division of a paid fire department in this state, (6) an active member of a volunteer fire department in this state, (7) two representatives of the Department of Health and Human Services, and (8) a representative of the Nebraska Association of Hospitals and Health Systems. The members shall be appointed by the Governor and shall serve for a term of four years.
Source
Laws 1971, LB 570, § 1;
Laws 1977, LB 485, § 1;
Laws 1996, LB 1044, § 838;
Laws 1997, LB 622, § 116;
Laws 2007, LB296, § 729.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-502.02 - Nebraska Fire Safety Appeals Board; duties; expenses; meetings.

81-502.02.
Nebraska Fire Safety Appeals Board; duties; expenses; meetings.
The board shall select from among its members a chairperson and adopt and promulgate rules and regulations to govern its procedures. Any vacancy occurring in the board shall be filled in the manner in which original appointments are made. No person shall receive any compensation for services rendered as a member of the board. Each member of the board shall be reimbursed for expenses as provided in sections 81-1174 to 81-1177. The board shall meet at such times as the business of the board requires and at such places as may be established by its chairperson. When requested to do so by the State Fire Marshal, it shall be the duty of the board to make a study of the specific problems, questions, or appeals presented to the board. No member of the board shall sit in hearing upon any question in which such member or any corporation of which he or she is a shareholder or employee is a party.
Source
Laws 1971, LB 570, § 2;
Laws 1977, LB 485, § 2;
Laws 1981, LB 204, § 169;
Laws 1988, LB 893, § 5;
Laws 2020, LB381, § 102.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-502.03 - Nebraska Fire Safety Appeals Board; disagreement; hearing; notice; decision; written report prior to order; exception; applicability of section.

81-502.03.
Nebraska Fire Safety Appeals Board; disagreement; hearing; notice; decision; written report prior to order; exception; applicability of section.
(1) In case of disagreement concerning the propriety of any action taken or proposed to be taken by the State Fire Marshal or the application of any statute, rule, or regulation under the jurisdiction of the office with respect to any establishment or installation, the State Fire Marshal may, and upon application of any party in interest, shall provide for a hearing before the Nebraska Fire Safety Appeals Board in the county of the establishment or installation which is the subject of the disagreement. At least ten days' written notice shall be given to the governing body responsible for the establishment or installation involved and to any public official having jurisdiction. The board shall make a decision based upon the evidence brought forth in the hearing and issue its order accordingly. Prior to ordering any political or governmental subdivision of the State of Nebraska to make any modification in the design or construction of any public building or any modification in the location, installation, or operation of any existing equipment in any public building or to replace such equipment, the State Fire Marshal, his or her first assistant, or one of his or her deputies shall personally appear at a regular meeting of the governing board of such subdivision and present a written report stating the condition of such building or equipment and the reason why such building should be modified or such equipment should be modified or replaced, and a copy of such report shall be attached to the order. Nothing in this section shall prevent the State Fire Marshal from ordering necessary repairs, and nothing in sections 81-502.01 to 81-502.03 shall prevent the State Fire Marshal, when actual and immediate danger to life exists, from ordering and requiring the occupants to vacate a building or structure subject to his or her jurisdiction.
(2) This section shall not apply to any decision, determination, or other action taken or made by the State Fire Marshal or the Underground Excavation Safety Committee under the One-Call Notification System Act.
Source
Laws 1971, LB 570, § 3;
Laws 1977, LB 485, § 3;
Laws 1988, LB 893, § 6;
Laws 2023, LB683, § 11.
Effective Date: May 27, 2023
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-502.04 - Rules and regulations; enforcement; procedure.

81-502.04.
Rules and regulations; enforcement; procedure.
The enforcement of rules and regulations adopted and promulgated by the State Fire Marshal under section 81-503.01 shall be as follows:
(1) Any order of the State Fire Marshal under the authority granted to him or her by sections 81-502 and 81-503.01 shall be in writing addressed to the owner or person in charge of the premises affected by such order;
(2) If the affected party or organization does not comply with the final order, the State Fire Marshal shall apply to the district court of the county in which the premises are located to obtain court enforcement of the order. The county attorney of the county in which the action is brought shall represent the State Fire Marshal and the action shall be brought in the name of the State of Nebraska and be tried the same as any action in equity; and
(3) If the affected party or organization feels that the order of the State Fire Marshal is not necessary for the safety and welfare of the persons using or to use the premises regarding which the order is made, the party or organization may appeal such order, and the appeal shall be in accordance with the Administrative Procedure Act.
Source
Laws 1973, LB 180, § 2;
Laws 1988, LB 893, § 7;
Laws 1988, LB 352, § 167;
Laws 2018, LB889, § 2;
Laws 2019, LB195, § 2.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-503 - State Fire Marshal; first assistant; appointment; other employees; duties; uniforms.

81-503.
State Fire Marshal; first assistant; appointment; other employees; duties; uniforms.
(1) The State Fire Marshal may appoint a first assistant fire marshal and such deputies, inspectors, and other persons as in his or her discretion may be necessary to carry into effect sections 81-501.01 to 81-531 and 81-5,151 to 81-5,157, the Nebraska Natural Gas Pipeline Safety Act of 1969, the Petroleum Products and Hazardous Substances Storage and Handling Act, and any other statutory duties imposed upon the State Fire Marshal. He or she may also, at his or her pleasure, remove such first assistant and any of such deputies as he or she may deem advisable. The deputies and inspectors shall perform such duties and have and enjoy all the rights, privileges, and immunities granted by law. The State Fire Marshal may also employ such clerical assistants, office employees, and other persons as he or she may deem advisable and necessary to carry such duties into effect.
(2) The State Fire Marshal, the first assistant fire marshal, each deputy, and each inspector shall wear full uniform when performing statutory duties. The State Fire Marshal shall determine the type of clothing, in relation to the duty being performed, necessary to meet the full uniform requirement.
Source
Laws 1925, c. 183, § 3, p. 480;
C.S.1929, § 81-5503;
R.S.1943, § 81-503;
Laws 1947, c. 314, § 1, p. 951;
Laws 1953, c. 330, § 1, p. 1088;
Laws 1957, c. 375, § 1, p. 1315;
Laws 1969, c. 763, § 10, p. 2891;
Laws 1983, LB 498, § 6;
Laws 1988, LB 893, § 8;
Laws 1993, LB 348, § 80.
Cross References
Nebraska Natural Gas Pipeline Safety Act of 1969, see section 81-552.
Petroleum Products and Hazardous Substances Storage and Handling Act, see section 81-15,117.