reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-2643.02 - License holder; duties.

2-2643.02.
License holder; duties.
A license holder shall comply with the Pesticide Act, the rules and regulations adopted and promulgated pursuant to the act, and any order of the director issued pursuant to the act. A license holder shall not interfere with the department in the performance of its duties. A license holder acting as a supervisor to a noncertified applicator is required to comply with the requirements of subsections (4), (5), and (6) of section 2-2642.
Source
Laws 2002, LB 436, § 19;
Laws 2019, LB320, § 16.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-2645 - Violation of act; claim of damages; inspection; failure to file report or cooperate with department; effect.

2-2645.
Violation of act; claim of damages; inspection; failure to file report or cooperate with department; effect.
(1) A person claiming damages from a pesticide use may file with the department a written report claiming that the person has been damaged. The report shall be filed as soon as possible following the day of the alleged occurrence.
(2) Except as otherwise provided in the Pesticide Act, upon receipt of a report if the department has reasonable cause to believe that a violation of the act has occurred, it shall investigate such report to determine if any violation has occurred and if any enforcement action shall be taken under the act. The department is not required to investigate any complaint that the department determines is made more than ninety days after the person complaining knew of the incident or damages, is outside the scope of the Pesticide Act, or is determined by the department to involve a matter which is frivolous, minor, or insignificant under the intent of the act. If a complaint is investigated, the department shall notify the licensee, owner, or lessee of the property on which the alleged act occurred and any other person who may be charged with responsibility for the damages claimed. The department shall furnish copies of the report to such licensee, owner, lessee, or other person upon receiving a written request. Nothing in this subsection shall be construed to require the department to take enforcement action in any matter.
(3) The department shall inspect damages whenever possible and shall report its findings to the person claiming damage and to the person alleged to have caused the damage. The claimant shall permit the department and the licensee to inspect, within reasonable hours, the property alleged to have been damaged. If the claimant refuses to permit the department to inspect the property alleged to have been damaged, or fails to provide additional information regarding the allegation when requested by the department, the department may decline to investigate the claim.
(4) Failure to file a report shall not bar maintenance of a civil or criminal action. If a person fails to file a report or cooperate with the department and is the only person claiming injury from the particular use of a pesticide, the department may, if in the public interest, refuse to take action or hold a hearing for the denial, suspension, or revocation of a license issued under the act to the person alleged to have caused the damage.
Source
Laws 1993, LB 588, § 24;
Laws 2002, LB 436, § 23;
Laws 2009, LB100, § 6;
Laws 2019, LB320, § 17.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-2646.01 - Pesticide business; owner or operator; liability.

2-2646.01.
Pesticide business; owner or operator; liability.
Any person who owns or operates a business that uses pesticides on the property of another person for hire or compensation shall be responsible for the acts or omissions of anyone using a pesticide for such business. Such person shall be subject to the same fines, license actions, and other enforcement actions prescribed by the Pesticide Act for violations under the act as the applicator.
Source
Laws 2002, LB 436, § 12;
Laws 2013, LB69, § 12.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-2647 - Violations; penalties; Attorney General or county attorney; duties.

2-2647.
Violations; penalties; Attorney General or county attorney; duties.
(1) Any person who commits an unlawful act under the Pesticide Act, any rules and regulations adopted and promulgated under the act, or any final order of the department shall (a) be guilty of a Class III misdemeanor and, upon a subsequent conviction thereof, be guilty of a Class I misdemeanor and (b) be subject to a restraining order, a temporary or permanent injunction, or a mandatory injunction if such person has violated, is violating, or is threatening to violate the act, the rules and regulations adopted and promulgated pursuant to the act, or any final order of the department. The district court of the county where the violation has occurred, is occurring, or is about to occur shall have jurisdiction to grant such relief upon good cause shown. Relief may be granted notwithstanding the existence of any other remedy at law and shall be granted without bond.
(2) It shall be the duty of the Attorney General or the county attorney of the county in which the violation of the act has occurred, is occurring, or is about to occur, when notified by the director of such violation or threatened violation, to pursue appropriate proceedings without delay pursuant to this section.
(3) Nothing in this section shall be construed to require the director to report all acts for prosecution if in the opinion of the director the public interest will best be served through other administrative or civil procedures.
Source
Laws 1993, LB 588, § 26.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-2648 - Violations; civil fine; jurisdiction; Attorney General or county attorney; duties.

2-2648.
Violations; civil fine; jurisdiction; Attorney General or county attorney; duties.
(1) Any person who violates any provision of the Pesticide Act, the rules and regulations adopted and promulgated under the act, or any final order of the department may be subject to a civil fine of not more than fifteen thousand dollars for each offense, and in the case of a continuing violation, each day of violation shall constitute a separate offense. The district court of the county where the violation has occurred, is occurring, or is about to occur shall have jurisdiction to grant such relief upon good cause shown. Relief may be granted notwithstanding the existence of any other remedy at law and shall be granted without bond.
(2) It shall be the duty of the Attorney General or the county attorney of the county in which the violation of the act has occurred, is occurring, or is about to occur, when notified by the director of such violation or threatened violation, to pursue appropriate proceedings without delay pursuant to this section.
Source
Laws 1993, LB 588, § 27.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-2649 - Violations; hearing; order.

2-2649.
Violations; hearing; order.
Whenever the director has reason to believe that any person has violated any provision of the Pesticide Act, any rule or regulation adopted and promulgated pursuant to the act, or any order of the department, the director may issue a notice of hearing as provided for in section 2-2649.02 requiring the person to appear before the director (1) to show cause why an order should not be entered requiring such person to cease and desist from the violation charged. If after a hearing the director finds such person to be in violation of the act or the rules and regulations, he or she shall enter an order requiring the person to cease and desist from the specific act, practice, or omission, (2) to determine whether an administrative fine should be imposed or levied against the person pursuant to subdivision (9) of section 2-2626, or (3) to determine whether the license of such person should be denied. Proceedings initiated pursuant to this section shall not preclude the department from pursuing other administrative, civil, or criminal actions.
Source
Laws 1993, LB 588, § 28;
Laws 2002, LB 436, § 25;
Laws 2006, LB 874, § 13.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-2649.01 - Violation warning letter; contents.

2-2649.01.
Violation warning letter; contents.
Whenever the director has reason to believe that a violation of any provision of the Pesticide Act, any rule or regulation adopted and promulgated pursuant to the act, or any order of the director has occurred, the director may issue a violation warning letter. A violation warning letter shall specify all provisions of the act, rules and regulations, or order alleged to have been violated and the acts or omissions with which the person named in the violation warning letter is charged. A violation warning letter shall become final unless the person named in the violation warning letter, within twenty days after receiving the violation warning letter, requests a hearing before the director. Whenever a hearing is requested pursuant to this section, the director shall issue a notice of hearing as provided for in section 2-2649.02.
Source
Laws 2002, LB 436, § 21.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-2650 - Violations; severity of penalty; considerations.

2-2650.
Violations; severity of penalty; considerations.
Whenever a violation of the Pesticide Act has occurred, the following shall be considered when determining the severity or amount of any administrative or civil fine, the issuance of a cease and desist order, or the disposition of any license:
(1) The culpability and good faith of and any past violations by such person;
(2) The seriousness of the violation, including the amount of any actual or potential risk to human health or environment; and
(3) The extent to which the person derived financial gain as a result of permitting or committing the violation, including a determination of the size of the company itself and the impact on it.
Source
Laws 1993, LB 588, § 29.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-2651 - Fines; distribution and collection.

2-2651.
Fines; distribution and collection.
(1) All money collected as a civil or an administrative fine shall be remitted to the State Treasurer for distribution in accordance with Article VII, section 5, of the Constitution of Nebraska.
(2) Any civil or administrative fine which remains unpaid for more than sixty days shall constitute a debt to the State of Nebraska which may be collected by lien foreclosure or sued for and recovered in any proper forum of action in the name of the State of Nebraska in the district court of the county in which the violator resides or owns property.
Source
Laws 1993, LB 588, § 30;
Laws 2006, LB 874, § 14.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-2652 - Final judgments; failure to satisfy; effect.

2-2652.
Final judgments; failure to satisfy; effect.
(1) A pesticide dealer or a commercial, noncommercial, or private applicator or an applicant for any such license shall not allow a final judgment against the applicant or licensee for damages arising from a violation of a provision of the Pesticide Act to remain unsatisfied for a period of more than thirty days.
(2) Failure to satisfy within thirty days a final judgment resulting from any activity regulated under the act shall result in automatic suspension or denial of the applicable license.
Source
Laws 1993, LB 588, § 31.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-2653 - Duties and responsibilities of department; subject to appropriation.

2-2653.
Duties and responsibilities of department; subject to appropriation.
Notwithstanding any other provision of the Pesticide Act, the duties and responsibilities of the department under the act shall be subject to adequate federal, cash, and general funding appropriation being made by the Legislature. If adequate funds are not made available under the act, the department shall submit a revised state pesticide applicator certification plan to the federal agency outlining the current program.
Source
Laws 1993, LB 588, § 32;
Laws 2019, LB320, § 19.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-2654 - Department order; appeal.

2-2654.
Department order; appeal.
Any person aggrieved by any order of the department may appeal such order to the district court. Such appeal shall be in accordance with the Administrative Procedure Act.
Source
Laws 1993, LB 588, § 33.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-2655 - Nebraska aerial pesticide business license; when required; liability; exempt operations.

2-2655.
Nebraska aerial pesticide business license; when required; liability; exempt operations.
(1) A person shall not apply pesticides by use of an aircraft or cause or arrange aerial pesticide spraying operations to occur on the property of another unless such person holds a Nebraska aerial pesticide business license for the principal departure location of the aircraft to be used. Any person applying pesticides without a principal departure location licensed in this state and who applies pesticides by use of an aircraft within this state may obtain a Nebraska aerial pesticide business license for the principal out-of-state departure location. An individual licensed as a commercial applicator shall apply pesticides by use of an aircraft only under the direct supervision of a person holding a Nebraska aerial pesticide business license. Such supervising license holder is jointly liable with the commercial applicator for any damages caused by the commercial applicator. An individual who is licensed as a commercial applicator with an aerial pest control category may perform aerial operations without the supervision by a person holding a Nebraska aerial pesticide business license if the commercial aerial applicator acquires a Nebraska aerial pesticide business license. For purposes of sections 2-2655 to 2-2659, unless utilizing a licensed aerial pesticide business to perform the application of pesticides by use of an aircraft, a person causing or arranging aerial pesticide spraying operations shall include a person performing billing and collection of payment for aerial spraying services performed, employing or contracting with pilots to perform aerial applications, assigning aerial spraying work orders to pilots, or paying compensation to pilots for aerial spraying services performed whether or not such person is licensed as a commercial applicator.
(2) Sections 2-2655 to 2-2659 shall not apply to aerial spraying operations conducted by federal, state, or local government with public aircraft.
Source
Laws 2010, LB254, § 2.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-2656 - Nebraska aerial pesticide business license; application; form; contents; fee; resident agent or consent to jurisdiction.

2-2656.
Nebraska aerial pesticide business license; application; form; contents; fee; resident agent or consent to jurisdiction.
(1) An application for an initial or renewal Nebraska aerial pesticide business license shall be submitted to the department prior to the commencement of aerial spraying operations, and an application for renewal of a Nebraska aerial pesticide business license shall be submitted to the department before commencement of application of pesticides. The application shall be accompanied by an annual license fee of one hundred dollars. The license fee may be increased by the director after a public hearing is held outlining the reason for any proposed change in the fee, except that the fee shall not exceed one hundred fifty dollars. All fees collected pursuant to this section shall be remitted to the State Treasurer for credit to the Pesticide Administrative Cash Fund. The application shall be on a form prescribed by the department and shall include the following:
(a) The full name and permanent mailing address of the person applying for such license. If such applicant is an individual, the application shall include the applicant's personal mailing address. If such applicant is not an individual, the full name of each partner or member or the full name of the principal officers shall be given on the application;
(b) The location of the applicant's principal departure location and any additional departure locations utilized for aerial spraying operations to be conducted within Nebraska identified by one of the following: Global Positioning System coordinates, legal description, local address of the site, or airport identifier;
(c) A copy of the applicant's agricultural aircraft operator certificate issued pursuant to 14 C.F.R. part 137 or evidence the applicant holds such a certificate issued by the Federal Aviation Administration;
(d) The aircraft registration number issued by the Federal Aviation Administration pursuant to 14 C.F.R. part 47 of all aircraft owned, rented, or leased by the applicant to be utilized for aerial pesticide applications and all other aircraft utilized in aerial spraying operations conducted by the applicant;
(e) The Nebraska commercial applicator certificate number and current Federal Aviation Administration commercial pilot certificate number of all persons operating aircraft for the aerial application of pesticides during any aerial spraying operations conducted by the applicant; and
(f) Such other information as deemed necessary by the director to determine the suitability of the applicant for licensure as an aerial pesticide business.
(2) 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 2010, LB254, § 3;
Laws 2013, LB69, § 13;
Laws 2019, LB320, § 20.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-2657 - Nebraska aerial pesticide business license; reports and notice required.

2-2657.
Nebraska aerial pesticide business license; reports and notice required.
Prior to commencing aerial spraying operations, a person holding a Nebraska aerial pesticide business license shall immediately report all aircraft, pilots, and departure locations utilized for the operation if different from or in addition to the information provided in the person's initial or renewal license application. If a pilot or aircraft is to be utilized for seasonal operations or on a temporary basis, the license holder shall notify the director of the approximate dates of commencement and termination of the utilization of supplemental pilots or aircraft.
Source
Laws 2010, LB254, § 4.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-2658 - Nebraska aerial pesticide business license holder; responsibility; disciplinary actions; hearing.

2-2658.
Nebraska aerial pesticide business license holder; responsibility; disciplinary actions; hearing.
Each Nebraska aerial pesticide business license holder is responsible for the acts of each person applying pesticides on lands within this state under the direction and supervision of the business. The aerial pesticide business's license is subject to denial, suspension, modification, or revocation after a hearing for any violation of the Pesticide Act, whether committed by the license holder, the license holder's agent, or the license holder's employee.
Source
Laws 2010, LB254, § 5.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-2659 - Aerial pesticide business; records.

2-2659.
Aerial pesticide business; records.
Each aerial pesticide business shall maintain records of applications of pesticides by use of an aircraft that are required by the department, and the department may require such records to be kept separate from other business records. The department may adopt and promulgate rules and regulations regarding the information to be included in the records. The aerial pesticide business shall keep such records for a period of at least three years, provide the department with access to examine such records, and provide the department a copy of any such record upon request.
Source
Laws 2010, LB254, § 6.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-2701.01 - Terms, defined.

2-2701.01.
Terms, defined.
For purposes of sections 2-2701 to 2-2711, unless the context otherwise requires:
(1) Board means the University of Nebraska Board of Tractor Test Engineers which shall consist of three engineers under the control of the university;
(2) Current tractor model means any model included in the manufacturer's annual price list of tractors being offered for sale by its dealers or distributors;
(3) Department means the Department of Agriculture;
(4) Director means the Director of Agriculture or his or her authorized representative;
(5) Person means bodies politic and corporate, societies, communities, the public generally, individuals, partnerships, limited liability companies, joint-stock companies, and associations; and
(6) Tractor means a traction machine designed and advertised primarily to supply power to agricultural implements and farmstead equipment. An agricultural tractor propels itself and provides a force in the direction of travel and may provide mechanical, hydraulic, and electrical power and control to enable attached soil-engaging and other agricultural implements to perform their intended function.
Source
Laws 1986, LB 768, § 1;
Laws 1989, LB 381, § 1;
Laws 1993, LB 121, § 67;
Laws 2012, LB907, § 2.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-2701.02 - Sales permit; information required; notice to purchaser; liability for damages.

2-2701.02.
Sales permit; information required; notice to purchaser; liability for damages.
(1) Any person who applies for a permit to sell a tractor model in the state shall provide to the department at the time of application information on the availability and accessibility of service and replacement parts for such tractor model. Such information shall include the names and addresses of any regional service, parts, or supply dealers, instructions on how to order parts and supplies, and any limitations as to the availability and accessibility of service and replacement parts. Any person who fails to provide the information required in this section shall not be issued a sales permit for the tractor model. The information received by the department pursuant to this section shall be public information.
(2) Any person who initially sells to the ultimate consumer a current tractor model for which a sales permit has been issued after April 17, 1986, shall provide to the purchaser written notice that the information required in subsection (1) of this section has been filed with and is available at the department. Any remedy for failure to comply with this subsection shall be as provided in subsection (3) of this section.
(3) Any person who provides to the department information required in subsection (1) of this section which is inaccurate at the time of application shall be liable for damages to any injured purchaser of the tractor for which a sales permit has been issued, and any person who fails to provide the notice required in subsection (2) of this section shall be liable for damages to the person who purchased such tractor from such person. For purposes of this section, damages may include, but shall not be limited to, loss of profits, the additional cost of shipment of parts, and the additional cost of obtaining parts or services from another provider. In any action brought under this section, the court may award reasonable attorney's fees to the prevailing party.
Source
Laws 1986, LB 768, § 3.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-2702 - Board of Regents of the University of Nebraska; powers and duties.

2-2702.
Board of Regents of the University of Nebraska; powers and duties.
(1)(a) The Board of Regents of the University of Nebraska shall adopt and promulgate rules and regulations setting forth codes for the official testing of tractors.
(b) The Board of Regents of the University of Nebraska shall adopt procedures for the official testing of agricultural tractors as prescribed by the Organization for Economic Cooperation and Development.
(c) The Board of Regents of the University of Nebraska shall also adopt and promulgate rules and regulations for the testing of tractors as published by the Society of Automotive Engineers and the American Society of Agricultural Engineers.
(2) In addition to the powers and duties prescribed in sections 2-2701 to 2-2711, the University of Nebraska shall have the power to:
(a) Authorize the use of the Nebraska Tractor Testing Laboratory facilities to conduct Organization for Economic Cooperation and Development testing;
(b) Cooperate with the United States Department of Commerce when planning and conducting Organization for Economic Cooperation and Development testing;
(c) Conduct offsite tractor tests; and
(d) Submit and certify tractor test results to the federal government.
Source
Laws 1963, c. 425, art. III, § 37, p. 1395;
R.R.S.1943, § 75-337;
Laws 1967, c. 480, § 2, p. 1487;
Laws 1971, LB 692, § 2;
Laws 1986, LB 768, § 4.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-2703 - Tractor model test results; board; duties.

2-2703.
Tractor model test results; board; duties.
After a tractor model has been duly tested by the University of Nebraska or by any Organization for Economic Cooperation and Development test station, the board shall submit the results of such test to the department. Prior to the issuance of a permanent sales permit by the department to any person for the sale of a tractor model, the board shall compare the test results with the manufacturer's representations as to power, fuel, and other ratings of the tractor model. If any such representations are found to be false, the board shall recommend that the department deny a permit for the sale of such tractor model. Any representation which a person makes with regard to the performance of its tractor at other than the customarily used power outlets shall be subject to test at the option of the board.
Source
Laws 1963, c. 425, art. III, § 38, p. 1395;
R.R.S.1943, § 75-338;
Laws 1967, c. 480, § 3, p. 1487;
Laws 1971, LB 692, § 3;
Laws 1986, LB 768, § 5.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-2703.01 - Supplemental sale permit; issuance; testing; when required.

2-2703.01.
Supplemental sale permit; issuance; testing; when required.
Upon application by any person and payment of the fee required in section 2-2705.01, the board may recommend to the department that a supplemental permit be issued to such person for the sale of a new tractor model based upon the official test results of a previous tractor model. The specifications and performance representations of the new tractor model shall be compared to the official test results of the previous tractor model, and if there are no substantial changes in specifications, performance representations, and the capacity of the new tractor model to meet such specifications and representations of performance, the board shall recommend to the department the issuance of a supplemental permit. The board may require further testing of the new tractor model upon which a permit is sought and may require the person making application to provide for reimbursement for the cost of such tests pursuant to section 2-2705. If further testing is performed, the board shall certify the results of such tests and forward them to the department.
Source
Laws 1986, LB 768, § 6.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-2705 - Tractor model tests; fees; University of Nebraska Tractor Test Cash Fund; created; use; investment.

2-2705.
Tractor model tests; fees; University of Nebraska Tractor Test Cash Fund; created; use; investment.
Application to the board for the testing of a tractor model by the University of Nebraska shall be accompanied by the fee prescribed in section 2-2705.01 and such fee as is prescribed by the Board of Regents of the University of Nebraska as a partial reimbursement for making the application.
Fees collected for the testing of tractors by the Nebraska Tractor Testing Laboratory shall be credited to the University of Nebraska Tractor Test Cash Fund, which fund is hereby created. The fund shall be used by the Nebraska Tractor Testing Laboratory to defray the expenses of testing tractors. Any accrued interest shall also be credited to the fund, except that the cash carryover of such fund from one biennium to the next biennium shall not exceed, by more than fifteen percent, the total cash fund expenditures for the average of the five preceding years. Any amount in excess of such fifteen percent shall be forwarded to the University of Nebraska. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.
The Board of Regents of the University of Nebraska may establish and change from time to time as it determines advisable a schedule of fees for such tractor tests, except that such fee schedule shall not include the application fee prescribed in section 2-2705.01.
Source
Laws 1963, c. 425, art. III, § 40, p. 1396;
R.R.S.1943, § 75-340;
Laws 1967, c. 480, § 5, p. 1488;
Laws 1971, LB 692, § 5;
Laws 1986, LB 768, § 7;
Laws 1995, LB 7, § 13.
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 › 2-2705.01 - Application fee; Tractor Permit Cash Fund; created; use; investment.

2-2705.01.
Application fee; Tractor Permit Cash Fund; created; use; investment.
There is hereby imposed a fee of fifty dollars for each application for any permit made to the board pursuant to sections 2-2701 to 2-2711. Such fee shall be in addition to the fees provided for in section 2-2705 and shall be paid to the department. All fees collected by the department pursuant to this section shall be remitted to the State Treasurer for credit to the Tractor Permit Cash Fund, which fund is hereby created. The fund shall be used by the department to defray the expenses of administering sections 2-2701 to 2-2711. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.
Source
Laws 1986, LB 768, § 8;
Laws 1995, LB 7, § 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 2 - Agriculture › 2-2706 - Tractor model; failure to meet specifications; retesting permitted; effect on sale of other models; permit specify model.

2-2706.
Tractor model; failure to meet specifications; retesting permitted; effect on sale of other models; permit specify model.
The failure of any tractor model to meet the specifications and representations made by the applicant shall not prevent the applicant from placing on the market other tractor models that do comply with the permit requirements of sections 2-2701 to 2-2711. Any tractor model that fails in the official test to meet the applicant's own specifications and representations may be retested upon submission of a new test application and the fees prescribed in sections 2-2705 and 2-2705.01. Each and every permit issued under sections 2-2701 to 2-2711 shall specify the model or models included in such permit to sell.
Source
Laws 1963, c. 425, art. III, § 41, p. 1396;
R.R.S.1943, § 75-341;
Laws 1967, c. 480, § 6, p. 1488;
Laws 1971, LB 692, § 6;
Laws 1986, LB 768, § 9.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-2707 - Tractor model tests; report; publication; public record.

2-2707.
Tractor model tests; report; publication; public record.
The report of the official test required by section 2-2701 shall be published by the board and made available in the Biological Systems Engineering Department of the University of Nebraska and in such other places as may be designated by the board. All information pertaining to the official testing of a tractor shall be public record and available for inspection during normal business hours.
Source
Laws 1963, c. 425, art. III, § 42, p. 1397;
R.R.S.1943, § 75-342;
Laws 1967, c. 480, § 7, p. 1488;
Laws 1971, LB 692, § 7;
Laws 1972, LB 1284, § 11;
Laws 1986, LB 768, § 10;
Laws 2012, LB907, § 3.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-2708 - Tractor model tests results; improper use; penalty.

2-2708.
Tractor model tests results; improper use; penalty.
No person shall use the results of such tests in such manner as would cause it to appear that the University of Nebraska or the department intended to recommend the use of any given tractor model in preference to any other model. For any violation of this section the department may suspend any permit issued to that person or deny such person the right of obtaining future permits to sell tractors in the state.
Source
Laws 1963, c. 425, art. III, § 43, p. 1397;
R.R.S.1943, § 75-343;
Laws 1967, c. 480, § 8, p. 1489;
Laws 1971, LB 692, § 8;
Laws 1986, LB 768, § 11.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-2709 - Tractor model testing order; discrimination prohibited; exception.

2-2709.
Tractor model testing order; discrimination prohibited; exception.
Except when a temporary permit has been issued pursuant to subsection (4) of section 2-2701, tractors shall be tested by the board in the order in which they are presented for such tests, and no discrimination shall be made for or against any person in any manner whatsoever. Complaints alleging a violation of this section shall be heard by the department.
Source
Laws 1963, c. 425, art. III, § 44, p. 1397;
R.R.S.1943, § 75-344;
Laws 1967, c. 480, § 9, p. 1489;
Laws 1971, LB 692, § 9;
Laws 1986, LB 768, § 12;
Laws 2012, LB907, § 4.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-2710 - Sales without permit; penalty; limitation on claim.

2-2710.
Sales without permit; penalty; limitation on claim.
Any person selling a current tractor model of one hundred or more horsepower for use in the State of Nebraska without a permit issued by the department for such tractor model shall be required to repurchase any such tractor model sold in Nebraska for which a permit has not been issued. A claim by a purchaser under this section shall be brought within two years from the date of purchase.
Source
Laws 1963, c. 425, art. III, § 45, p. 1397;
R.R.S.1943, § 75-345;
Laws 1967, c. 480, § 10, p. 1489;
Laws 1971, LB 692, § 10;
Laws 1977, LB 40, § 24;
Laws 1986, LB 768, § 13;
Laws 2012, LB907, § 5.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-2711 - Department; enforcement; rules and regulations.

2-2711.
Department; enforcement; rules and regulations.
The department shall have full authority to enforce sections 2-2701 to 2-2711 both by denial of a permit to sell tractors in the state and by injunctive relief in the district court having jurisdiction. The department shall adopt and promulgate rules and regulations as are necessary to enforce the intent and purposes of such sections.
Source
Laws 1963, c. 425, art. III, § 46, p. 1398;
R.R.S.1943, § 75-346;
Laws 1967, c. 480, § 11, p. 1490;
Laws 1971, LB 692, § 11;
Laws 1986, LB 768, § 14.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-2801 - Agricultural organizations; purpose.

2-2801.
Agricultural organizations; purpose.
The purpose of sections 2-2801 to 2-2812 is to provide for the organization, procedure, and financial support of associations or societies of Nebraska citizens who seek (1) to improve segments of the agricultural industry, homes, and communities of the state, and (2) to cooperate with and to supplement and complement the programs of the University of Nebraska Institute of Agriculture and Natural Resources and other state or local organizations.
Source
Laws 1969, c. 2, § 1, p. 62.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-2802 - Qualifying organizations; constitution and bylaws or articles of incorporation; file; Attorney General; duties.

2-2802.
Qualifying organizations; constitution and bylaws or articles of incorporation; file; Attorney General; duties.
Qualifying organizations shall adopt and file with the Secretary of State a constitution and bylaws or articles of incorporation which are consistent with the purposes of sections 2-2801 to 2-2812. The Attorney General shall render an opinion as to the eligibility of each association or society to receive and use appropriated funds.
Source
Laws 1969, c. 2, § 2, p. 62.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-2803 - Qualifying organizations; enumerated.

2-2803.
Qualifying organizations; enumerated.
Qualifying organizations shall include, but not be limited to the Nebraska Dairymen's Association, the State Horticultural Society, the Nebraska Livestock Feeders and Breeders Association, the Nebraska Home Economics Association of Organized Agriculture, the Nebraska Crop Improvement Association, the Western Nebraska Organized Agriculture Association, the Nebraska Poultry Improvement Association, and the Nebraska Potato Council.
Source
Laws 1969, c. 2, § 3, p. 63.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-2804 - Nebraska Dairymen's Association; purpose.

2-2804.
Nebraska Dairymen's Association; purpose.
The general purposes of the Nebraska Dairymen's Association are (1) to encourage efficient and profitable production through an awards program that recognizes outstanding production in herds and individual animals, (2) to provide dairymen with latest technical and research information to help them improve their herds, and (3) to generate interest in youth by encouraging their participation in junior dairy programs and recognizing their achievements.
Source
Laws 1969, c. 2, § 4, p. 63.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-2805 - State Horticultural Society; purpose.

2-2805.
State Horticultural Society; purpose.
The general purposes of the State Horticultural Society are (1) to unify horticulturists and organizations throughout the state in cooperation with the University of Nebraska for mutual development, and (2) to promote and develop horticulture in the state through education and research with producers and processors in the areas of ornamentals, fruits and vegetables.
Source
Laws 1969, c. 2, § 5, p. 63.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-2806 - Nebraska Livestock Feeders and Breeders Association; purpose.

2-2806.
Nebraska Livestock Feeders and Breeders Association; purpose.
The general purposes of the Nebraska Livestock Feeders and Breeders Association are (1) to disseminate information on the principles and practices of improved breeding, feeding, management and marketing of all classes of livestock and livestock products, (2) to assist in the promotion of the general interests of the livestock industry of Nebraska, and (3) to improve the quality of Nebraska livestock products, by cooperation with processors and increase their acceptance by consumers.
Source
Laws 1969, c. 2, § 6, p. 63.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-2807 - Nebraska Home Economics Association of Organized Agriculture; purpose.

2-2807.
Nebraska Home Economics Association of Organized Agriculture; purpose.
The general purpose of the Nebraska Home Economics Association of Organized Agriculture is to acquaint homemakers with new developments in home economics and to stimulate interest in home economics. The program carried on by such organization to achieve this purpose shall be (1) to hold an annual Home Economics Day for homemakers with well-qualified speakers discussing research and new trends in home economics, (2) to prepare exhibits and other visuals for use at the annual meeting and other state and district meetings to acquaint the public with home economics information, and (3) to recognize volunteer leaders in the home economics extension program.
Source
Laws 1969, c. 2, § 7, p. 63.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-2808 - Nebraska Crop Improvement Association; purpose.

2-2808.
Nebraska Crop Improvement Association; purpose.
The general purposes of the Nebraska Crop Improvement Association are (1) to carry on all activities incident to the certification of crop seeds as authorized by the University of Nebraska Institute of Agriculture and Natural Resources under rules and regulations approved by such college, (2) to maintain and make available to the public, through certification, high quality seeds of superior crop varieties so grown and distributed as to ensure genetic identity and genetic purity, (3) to publicize, advertise, and otherwise promote the merits and use of certified seed, and (4) to carry on educational work for improving the agronomic practices and furthering agricultural interests in the state.
Source
Laws 1969, c. 2, § 8, p. 64.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-2809 - Western Nebraska Organized Agriculture Association; purpose.

2-2809.
Western Nebraska Organized Agriculture Association; purpose.
The general purpose of the Western Nebraska Organized Agriculture Association is to cooperate with the State of Nebraska, the University of Nebraska Institute of Agriculture and Natural Resources, and other organizations by bringing to the people of rural communities assistance in solving the problems peculiar to western Nebraska through educational meetings, exhibits, demonstrations, and other means.
Source
Laws 1969, c. 2, § 9, p. 64.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-2810 - Nebraska Poultry Improvement Association; purpose.

2-2810.
Nebraska Poultry Improvement Association; purpose.
The general purpose of the Nebraska Poultry Improvement Association is to foster, promote, improve, and protect all branches of the poultry, turkey, egg, and allied industries. For uses appropriate to its purpose and business, such association may take by gift, purchase, devise, or bequest real and personal property, and may handle, manage, control, sell, lease, and mortgage the same. It may employ such necessary agents, servants, fiduciaries, and assistants as may be necessary to care for its business and property.
Source
Laws 1969, c. 2, § 10, p. 64.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-2811 - Nebraska Potato Council; purpose.

2-2811.
Nebraska Potato Council; purpose.
The general purpose of the Nebraska Potato Council is to coordinate the interests and objectives of all segments of the Nebraska potato industry. It shall be the official organization representing potato growers, shippers, processors, and dealers in specialized supplies within the state. The council shall foster improvements in the production and marketing of seed and table stock and the processing of potatoes, and shall sponsor the annual Nebraska Potato Show.
Source
Laws 1969, c. 2, § 11, p. 65.
Cross References
Nebraska Potato Development Act, see section 2-1801.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-2812 - Appropriations; use; budget.

2-2812.
Appropriations; use; budget.
Funds may be appropriated by the Legislature for the use of the qualifying organizations enumerated in section 2-2803 and shall be made available through the University of Nebraska budgeting and accounting facilities or such other channel as the Legislature may direct. Each organization shall electronically file a separate biennial budget request with the Legislature.
Source
Laws 1969, c. 2, § 12, p. 65;
Laws 2012, LB782, § 5.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-3102 - Terms, defined.

2-3102.
Terms, defined.
As used in the Nebraska Soil and Plant Analysis Laboratory Act, unless the context otherwise requires:
(1) Authorized proficiency testing service means proficiency testing done by the department or any person the department approves to perform proficiency testing;
(2) Department means the Department of Agriculture;
(3) Director means the Director of Agriculture or his or her designated employee, representative, or authorized agent;
(4) Laboratory includes, but is not restricted to, facilities or parts of facilities maintained and utilized for the purpose of performing soil and plant analysis and may be either fixed or mobile;
(5) Person includes an individual, partnership, limited liability company, firm, association, corporation, or body corporate or any officer or member of the same;
(6) Proficiency testing means the process of providing check samples to laboratories, collecting check sample test results from the laboratories, and compiling and analyzing check sample test results; and
(7) Soil and plant analysis means the use of biological, chemical, or physical procedures in determining amounts of elements or compounds in the soil or in plants for the express purpose of providing a basis for plant nutrient application.
Source
Laws 1969, c. 8, § 2, p. 96;
Laws 1993, LB 121, § 69;
Laws 1999, LB 198, § 1.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-3103 - Registration; application; renewal; fees.

2-3103.
Registration; application; renewal; fees.
It shall be unlawful for any person to operate a laboratory in this state for conducting soil and plant analysis for others unless such laboratory is registered with the department. Application for registration shall be made to the director upon forms furnished by him or her for that purpose. On each initial or renewal application for registration, the director may cause the laboratory facilities, methods, procedures, and equipment to be inspected and shall review the qualifications of personnel. Each application shall specify the types of analysis to be conducted and the names of the analytical methods used. All registrations shall be personal to the holder thereof and shall be nontransferable. Registrations shall expire on June 30 of each year. Each initial and renewal application for registration shall be accompanied by a fee of one hundred dollars.
Source
Laws 1969, c. 8, § 3, p. 97;
Laws 1980, LB 633, § 2;
Laws 1995, LB 356, § 1.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-3104 - Enforcement of act; inspection; hindrance; unlawful.

2-3104.
Enforcement of act; inspection; hindrance; unlawful.
The director may appoint qualified personnel to enforce the provisions of the Nebraska Soil and Plant Analysis Laboratory Act and any duly authorized representative of the director may at any reasonable time enter any laboratory for the purpose of reviewing qualifications of personnel, for examination of equipment in use for soil and plant analysis, and for inspection of the laboratory facilities, methods, and procedures. Every laboratory shall be inspected at least once every two years. It shall be unlawful to hinder, impede, or prevent entry by the director or his or her authorized representatives for the performance of their duties.
Source
Laws 1969, c. 8, § 4, p. 97;
Laws 1995, LB 356, § 2.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-3105 - Proficiency testing; samples; check; report; fees.

2-3105.
Proficiency testing; samples; check; report; fees.
(1) Each laboratory shall be required by the department to participate in proficiency testing provided by an authorized proficiency testing service four times each calendar year. The authorized proficiency testing service shall require the laboratory to analyze at least three soil samples and one plant sample supplied quarterly by the authorized proficiency testing service. Each laboratory receiving check samples shall report check sample test results to the authorized proficiency testing service pursuant to the requirements of such service. The authorized proficiency testing service shall submit to the director all check sample test results. The director may require each laboratory to submit to the department a copy of the check sample test results reported to the authorized proficiency testing service. The director shall evaluate check sample test results submitted by each laboratory or the authorized proficiency testing service to determine if the laboratory's analysis is accurate within an acceptable range.
(2) When the department is the authorized proficiency testing service, the director shall fix and collect fees for the proficiency testing, which charges shall not exceed the cost of such testing.
Source
Laws 1969, c. 8, § 5, p. 98;
Laws 1995, LB 356, § 3;
Laws 1999, LB 198, § 2.