reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-3631 - Purchaser deduct fee; maintain records; public information; quarterly statement.

2-3631.
Purchaser deduct fee; maintain records; public information; quarterly statement.
(1) The purchaser, at the time of settlement, shall deduct the corn fee and shall maintain the necessary record of the fee for each purchase of corn on the grain settlement form or check stub showing payment to the grower for each purchase. Such records maintained by the purchaser shall provide the following information:
(a) Name and address of the grower and seller;
(b) The date of the purchase;
(c) The number of bushels of corn sold; and
(d) The amount of fees collected on each purchase.
Such records shall be open for inspection during normal business hours observed by the purchaser.
(2) The purchaser shall render and have on file with the board by the last day of each January, April, July, and October, on forms prescribed by the board, a statement of the number of bushels of corn purchased in Nebraska. At the time the statement is filed, the purchaser shall pay and remit to the board the fee as provided for in section 2-3623.
Source
Laws 1978, LB 639, § 31.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-3632 - Board; annual report; contents; public information.

2-3632.
Board; annual report; contents; public information.
The board shall prepare and make available an annual report on or before January 1 of each year, which report shall set forth in detail the income received from the corn assessment for the previous year and shall include:
(1) The expenditure of all funds by the board during the previous year for the administration of the Nebraska Corn Resources Act;
(2) The action taken by the board on all contracts requiring the expenditure of funds by the board;
(3) A description of all such contracts;
(4) A detailed explanation of all programs relating to the discovery, promotion, and development of markets and industries for the utilization of corn, the direct expense associated with each program, and copies of such programs if in writing; and
(5) The name and address of each member of the board and a copy of all rules and regulations promulgated by the board.
Such report and a copy of all contracts requiring expenditure of funds by the board shall be available to the public upon request.
Source
Laws 1978, LB 639, § 32;
Laws 2012, LB1057, § 3.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-3633 - Nebraska Corn Development, Utilization, and Marketing Fund; created; use; investment.

2-3633.
Nebraska Corn Development, Utilization, and Marketing Fund; created; use; investment.
The Nebraska Corn Development, Utilization, and Marketing Fund is created. All fees collected pursuant to the Nebraska Corn Resources Act and any repayments relating to the fund, including license fees or royalties, shall be credited to the fund for the uses and purposes of the act and its enforcement. Such fund shall be expended solely for the administration of the act. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.
Source
Laws 1978, LB 639, § 33;
Laws 1995, LB 7, § 19;
Laws 2012, LB1057, § 4.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-3634 - Board; cooperate with University of Nebraska and other organizations; purpose.

2-3634.
Board; cooperate with University of Nebraska and other organizations; purpose.
The board shall not be authorized to set up research or development units or agencies of its own, but shall limit its activity to cooperation and contracts with the University of Nebraska Institute of Agriculture and Natural Resources and other proper local, state, or national organizations, public or private, in carrying out the purposes of sections 2-3601 to 2-3635.
Source
Laws 1978, LB 639, § 34.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-3736 - Purpose of act.

2-3736.
Purpose of act.
The Legislature finds and declares that it is in the public welfare of the State of Nebraska that growers and processors of dry beans be permitted and encouraged to develop, carry out, and participate in programs of research, education, and promotion of dry beans and bean products. It is the purpose of the Dry Bean Resources Act to provide the authorization and the necessary procedures by which dry bean growers and processors in this state may finance programs to achieve the purposes expressed in this section.
Source
Laws 1987, LB 145, § 2.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-3738 - Commercial channels, defined.

2-3738.
Commercial channels, defined.
Commercial channels shall mean the sale of dry beans for any use to any commercial buyer, dealer, processor, or cooperative or to any person who resells such dry beans or any product produced from such dry beans.
Source
Laws 1987, LB 145, § 4.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-3740 - Dry bean, defined.

2-3740.
Dry bean, defined.
Dry bean shall mean any dry edible bean. Dry bean does not include chickpeas or garbanzo beans.
Source
Laws 1987, LB 145, § 6;
Laws 2020, LB803, § 20.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-3741 - First purchaser, defined.

2-3741.
First purchaser, defined.
First purchaser shall mean any person, public or private corporation, association, partnership, or limited liability company buying, accepting for shipment, or otherwise acquiring dry beans from a grower and shall include, but not be limited to, a mortgagee, pledgee, lienor, or other person having a claim against the grower when the actual or constructive possession of such dry beans is taken as part payment or in satisfaction of the mortgage, pledge, lien, or claim.
Source
Laws 1987, LB 145, § 7;
Laws 1993, LB 121, § 74.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-3742 - Grower, defined.

2-3742.
Grower, defined.
Grower shall mean any landowner personally engaged in growing dry beans, a tenant of a landowner personally engaged in growing dry beans, or both the owner and tenant jointly and shall include, but not be limited to, any person, partnership, limited liability company, association, corporation, cooperative, trust, or sharecropper or any other business unit, device, or arrangement.
Source
Laws 1987, LB 145, § 8;
Laws 1993, LB 121, § 75.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-3745 - Dry Bean Commission; created; members; qualifications.

2-3745.
Dry Bean Commission; created; members; qualifications.
There is hereby created the Dry Bean Commission which shall be composed of nine members, two of whom shall be selected by the commission and seven of whom shall be appointed by the Governor. Commission members shall be appointed on a nonpartisan basis. Six members shall be growers who (1) are citizens of Nebraska, (2) are at least twenty-one years of age, (3) have actually been engaged in growing dry beans in this state for at least three years, and (4) derive a substantial portion of their income from growing dry beans. Three members shall be dry bean processors who have been in business in Nebraska for at least three years, and the Director of the University of Nebraska Panhandle Research and Extension Center shall be an ex officio member but shall have no vote in commission matters.
Source
Laws 1987, LB 145, § 11;
Laws 2003, LB 219, § 1;
Laws 2011, LB394, § 1.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-3746 - Commission; grower members; districts; processor members.

2-3746.
Commission; grower members; districts; processor members.
(1) The Governor shall appoint one grower member from each of the following four districts:
(a) District 1 which shall consist of the counties of Sioux, Dawes, Sheridan, and Box Butte;
(b) District 2 which shall consist of the county of Scotts Bluff;
(c) District 3 which shall consist of the counties of Banner, Morrill, Kimball, Cheyenne, Garden, and Deuel; and
(d) District 4 which shall consist of the remaining counties in which dry bean production occurs in the state.
(2) The commission shall appoint two grower members to the commission, one of whom resides within district 1 or 2 who shall represent districts 1 and 2 and one of whom resides within district 3 or 4 who shall represent districts 3 and 4. Members serving as representatives of such districts on May 18, 2011, shall continue as members of the commission until the end of their terms and until their successors are appointed and qualified and, except as provided in section 2-3748, shall be eligible for reappointment.
(3) The three processor members of the commission shall be appointed by the Governor. Insofar as possible, the geographic locations of such appointed members shall be representative of the Nebraska dry bean industry. Any processor may place his or her name on a candidacy list for appointment by written notice to the commission.
Source
Laws 1987, LB 145, § 12;
Laws 2011, LB394, § 2.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-3747 - Commission; appointment of grower member; candidacy list; petition.

2-3747.
Commission; appointment of grower member; candidacy list; petition.
Any grower may place his or her name on a candidacy list for appointment as a grower member of the commission by filing a petition signed by at least ten resident bean growers (1) from the district in which he or she resides for an appointment under subsection (1) of section 2-3746 or (2) from the district in which he or she resides or the other district to be represented for an appointment under subsection (2) of section 2-3746. The petition shall be filed with the commission. The Governor and the commission shall make appointments from the candidacy list unless there are no names on the list.
Source
Laws 1987, LB 145, § 13;
Laws 2011, LB394, § 3.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-3748 - Commission; members; terms.

2-3748.
Commission; members; terms.
The term of a member of the commission shall be three years and until his or her successor is appointed and qualified. No member shall serve more than three consecutive three-year terms.
Source
Laws 1987, LB 145, § 14;
Laws 2003, LB 219, § 2;
Laws 2011, LB394, § 4.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-3749 - Commission; vacancy.

2-3749.
Commission; vacancy.
Whenever a vacancy occurs on the commission for any reason, the Governor shall appoint a person with the same qualifications as the initial appointee unless the vacant position is that of a member appointed by the commission, in which case the appointment to fill such vacancy shall be made by the commission.
Source
Laws 1987, LB 145, § 15;
Laws 2011, LB394, § 5.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-3750 - Commission; member; removal.

2-3750.
Commission; member; removal.
A member of the commission shall be removed for ceasing to (1) be a resident of the state, (2) live in the district from which he or she was appointed, (3) in the case of a grower member, be actually engaged in the growing of dry beans in the state, or (4) in the case of a processor member, be actually engaged in the processing or shipping of dry beans in the state.
Source
Laws 1987, LB 145, § 16.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-3751 - Commission; officers; meetings; expenses.

2-3751.
Commission; officers; meetings; expenses.
The commission shall elect from its members a chairperson and such other officers as may be necessary. The commission shall meet at least once every three months and at such other times as called by the chairperson or by any three members of the commission. The members shall receive no compensation for their services, but appointed members shall receive reimbursement for expenses incurred in the discharge of their official duties as provided in sections 81-1174 to 81-1177.
Source
Laws 1987, LB 145, § 17;
Laws 2020, LB381, § 7.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-3753 - Commission; powers and duties.

2-3753.
Commission; powers and duties.
The commission shall have the following powers and duties:
(1) To adopt and devise a dry bean program consisting of research, education, advertising, publicity, and promotion to increase total consumption of dry beans on a state, national, and international basis;
(2) To prepare and approve a budget consistent with limited receipts and the scope of the dry bean program;
(3) To adopt and promulgate reasonable rules and regulations necessary to carry out the dry bean program;
(4) To procure and evaluate data and information necessary for the proper administration and operation of the dry bean program;
(5) To employ personnel and contract for services which are necessary for the proper operation of the dry bean program;
(6) To establish a means whereby the grower and processor of dry beans has the opportunity at least annually to offer his or her ideas and suggestions relative to commission policy for the coming year;
(7) To authorize the expenditure of funds and contracting of expenditures to conduct proper activities of the program;
(8) To bond such persons as may be necessary in order to insure adequate protection of funds;
(9) To keep minutes of its meetings and other books and records which will clearly reflect all of the acts and transactions of the commission and to keep such records open to examination by any grower or processor participant during normal business hours;
(10) To prohibit any funds collected by the commission from being expended directly or indirectly to promote or oppose any candidate for public office or to influence state legislation. The commission shall not expend more than fifteen percent of its annual budget to influence federal legislation. The purpose of such expenditures for federal lobbying activity shall be limited to activity supporting the underlying objectives of the dry bean program relating to market development, education, and research;
(11) To establish an administrative office at such place in the state as may be suitable for the proper discharge of the functions of the commission; and
(12) To adopt and promulgate rules and regulations to carry out the Dry Bean Resources Act.
Source
Laws 1987, LB 145, § 19;
Laws 2015, LB242, § 1.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-3754 - Commission; prohibited acts.

2-3754.
Commission; prohibited acts.
The commission shall not:
(1) Engage in marketing of dry beans or any activity which would result in the formation of a marketing order;
(2) Be a party to a procedure which includes price setting or production quotas; and
(3) Purchase, construct, or otherwise obtain title to its own administrative office but shall be limited to leasing state or commercial office space.
Source
Laws 1987, LB 145, § 20.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-3755 - Dry beans; fee; adjustment; payment.

2-3755.
Dry beans; fee; adjustment; payment.
(1) Beginning August 1, 1987, there shall be paid to the commission a fee of six cents per hundredweight upon all dry beans grown in the state during 1987 and thereafter and sold through commercial channels. Beginning January 1, 1989, until July 31, 2015, the commission may, whenever it determines that the fees provided by this section are yielding more or less than is required to carry out the intent and purposes of the Dry Bean Resources Act, reduce or increase such fee for such period as it shall deem justifiable, but not less than one year and not to exceed ten cents per hundredweight.
(2) Beginning August 1, 2015, the fee imposed by this section shall be fifteen cents per hundredweight. Beginning January 1, 2017, the commission may, whenever it determines that the fees provided by this section are yielding more or less than is required to carry out the intent and purposes of the act, reduce or increase such fee for such period as it shall deem justifiable, but not less than one year and not to exceed twenty-four cents per hundredweight.
(3) Two-thirds of the fee levied under this section shall be paid by the grower at the time of sale or delivery and shall be collected by the first purchaser. The first purchaser shall pay the remaining one-third of the fee. No dry beans shall be subject to the fee more than once.
Source
Laws 1987, LB 145, § 21;
Laws 2015, LB242, § 2.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-3756 - Pledge or mortgage under federal program; deduction of fee.

2-3756.
Pledge or mortgage under federal program; deduction of fee.
In the case of a pledge or mortgage of dry beans as security for a loan under the federal price support program, the fee shall be deducted from the proceeds of such loan at the time the loan is made.
Source
Laws 1987, LB 145, § 22.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-3757 - Fee; collection.

2-3757.
Fee; collection.
The fee provided for by section 2-3755 shall be deducted, as provided by the Dry Bean Resources Act, whether such dry beans are stored or marketed in this state or any other state. The commission may enter into reciprocal agreements with other states for the collection of such fee.
Source
Laws 1987, LB 145, § 23.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-3758 - Fee; when prohibited.

2-3758.
Fee; when prohibited.
The fee imposed by section 2-3755 shall not apply to the sale of dry beans to the federal government for ultimate use or consumption by the people of the United States when the State of Nebraska is prohibited from imposing such fee by the Constitution of the United States and laws enacted pursuant thereto.
Source
Laws 1987, LB 145, § 24.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-3759 - First purchaser; deduct fee; maintain records; inspection and audit; contract for collection of fee; quarterly statement; confidentiality.

2-3759.
First purchaser; deduct fee; maintain records; inspection and audit; contract for collection of fee; quarterly statement; confidentiality.
(1) The first purchaser at the time of settlement shall deduct the dry bean fee and shall maintain the necessary record of the fee for each purchase of dry beans on the grain settlement form or check stub showing payment to the grower for each purchase. Such records maintained by the first purchaser shall provide the following information: (a) Name and address of the grower and seller; (b) the date of the purchase; (c) the number of hundredweight of dry beans sold; and (d) the amount of fees collected on each purchase. Such records shall be open for inspection and audit during the normal business hours observed by the purchaser. The inspection and audit shall be conducted by qualified and independent representatives authorized by the commission.
(2) The commission shall contract with an independent agency or organization to collect the fee. The first purchaser shall render and have on file with such independent collection agency by the last day of each January, April, July, and October, on forms prescribed by the commission, a statement of the number of hundredweight of dry beans purchased in Nebraska for the preceding three months. The independent collection agency shall keep first purchaser statements confidential and report only the total of all statements to the commission for the preceding three months. Purchaser records and other such statements shall be confidential and shall not be released to any person or agency, except that the Attorney General shall have access to such statements during a bona fide investigation. At the time the statement is filed, the purchaser shall pay and remit to the independent collection agency the fee as provided for in section 2-3755 for the dry beans purchased in the preceding three months.
Source
Laws 1987, LB 145, § 25.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-3762 - Commission; annual report; contents.

2-3762.
Commission; annual report; contents.
(1) The commission shall prepare and make available an annual report at least thirty days prior to January 1 of each year which shall set forth in detail the income received from the dry bean assessment for the previous year and shall include:
(a) The expenditure of all funds by the commission during the previous year for the administration of the Dry Bean Resources Act;
(b) The action taken by the commission on all contracts requiring the expenditure of funds by the commission;
(c) A description of all such contracts;
(d) Detailed explanation of all programs relating to the discovery, promotion, and development of bean products and industries for the utilization of dry beans, the direct expense associated with each program, and copies of such programs if in writing; and
(e) The name and address of each member of the commission and a copy of all rules and regulations adopted and promulgated by the commission.
(2) The report and a copy of all contracts requiring expenditure of funds by the commission shall be available to the public upon request. Notice of availability of such report shall be provided to the Director of Agriculture, the Clerk of the Legislature, and each grower and first purchaser subject to the checkoff.
Source
Laws 1987, LB 145, § 28;
Laws 2015, LB242, § 3.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-3763 - Dry Bean Development, Utilization, Promotion, and Education Fund; created; use; investment.

2-3763.
Dry Bean Development, Utilization, Promotion, and Education Fund; created; use; investment.
The State Treasurer shall establish in the treasury of the State of Nebraska a fund to be known as the Dry Bean Development, Utilization, Promotion, and Education Fund, to which fund shall be credited funds collected by the commission pursuant to the Dry Bean Resources Act, including license fees, royalties, or any repayments relating to the fund. The fund shall be expended for the administration of such act. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.
Source
Laws 1987, LB 145, § 29;
Laws 1995, LB 7, § 20;
Laws 2015, LB242, § 4.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-3764 - Commission; cooperate with University of Nebraska and other organizations; purpose.

2-3764.
Commission; cooperate with University of Nebraska and other organizations; purpose.
The commission shall not set up research or development units or agencies of its own but shall limit its activity to cooperation and contracts with the University of Nebraska Institute of Agriculture and Natural Resources and other local, state, or national organizations, public or private, in carrying out the purposes of the Dry Bean Resources Act.
Source
Laws 1987, LB 145, § 30.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-3801 - Act, how cited.

2-3801.
Act, how cited.
Sections 2-3801 to 2-3812 shall be known and may be cited as the Nebraska Agricultural Products Marketing Act.
Source
Laws 1979, LB 538, § 1;
Laws 1987, LB 561, § 2.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-3802 - Legislative findings.

2-3802.
Legislative findings.
The Legislature hereby finds that the general welfare of the people of Nebraska will significantly benefit from the conduct of programs designed and intended to enhance the effective marketing of Nebraska's many agricultural commodities.
The Legislature further finds that the meaningful realization of such benefits will result through the administration of programs and policies conceived, desired, and formulated by and for those persons who produce, process, or distribute such commodities as an integral part of their livelihood. It is necessary that the programs conducted by and for the various segments of the agricultural industry be efficiently coordinated, so that the marketing efforts expended on behalf of each commodity will complement the marketing programs in the state.
Source
Laws 1979, LB 538, § 2.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-3803 - Definitions, where found.

2-3803.
Definitions, where found.
For purposes of the Nebraska Agricultural Products Marketing Act, unless the context otherwise requires, the definitions found in sections 2-3804 to 2-3807 shall be used.
Source
Laws 1979, LB 538, § 3;
Laws 1988, LB 807, § 3.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-3804 - Agricultural product or commodity, defined.

2-3804.
Agricultural product or commodity, defined.
Agricultural product or commodity shall include all products resulting from the conduct of farming or ranching activities, dairying, beekeeping, aquaculture, poultry or egg production, or comparable activities, and any byproducts resulting from such activities.
Source
Laws 1979, LB 538, § 4;
Laws 1987, LB 561, § 3.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-3804.01 - Aquaculture, defined.

2-3804.01.
Aquaculture, defined.
Aquaculture shall mean the agricultural practice of controlled propagation and cultivation of aquatic plants or animals for commercial purposes. Unless the context otherwise requires, the term agriculture shall be construed to include aquaculture.
Source
Laws 1987, LB 561, § 4.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-3807 - Marketing, defined.

2-3807.
Marketing, defined.
Marketing shall include any and all activities intended to directly or indirectly facilitate the sale, exchange, or other distribution of a product or commodity in an economic, efficient, and profitable manner, including research, market development, publicity, promotion, education, product utilization, and comparable activities.
Source
Laws 1979, LB 538, § 7.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-3808 - Department; marketing activities; powers and duties.

2-3808.
Department; marketing activities; powers and duties.
To achieve the purposes of the Nebraska Agricultural Products Marketing Act, the department may perform the following marketing activities:
(1) Coordinating the various marketing programs and policies of each of the state's agricultural commodities so that they will complement one another;
(2) Assisting the producers, processors, and distributors of agricultural products and commodities in conducting and administering marketing programs and policies conceived, desired, and formulated by and for such persons;
(3) Conducting activities designed to locate and study trade barriers adversely affecting the marketing of Nebraska agricultural products and conducting activities aimed at eliminating or mitigating any such barriers;
(4) Collecting and disseminating information relevant and beneficial to the economical, efficient, and profitable marketing of agricultural products by the Nebraska producers, processors, and distributors thereof;
(5) Assisting in matching up potential buyers and sellers of agricultural products produced in Nebraska;
(6) Cooperating with other local, state, or national agricultural marketing entities, public or private, in carrying out the act and entering into such contracts as may be necessary;
(7) Adopting and promulgating such reasonable rules and regulations as are necessary to effectively carry out the intent of the act;
(8) Accepting funds or fees from any source, including federal, state, public, or private, to be used in carrying out the act;
(9) Expending funds for purposes of carrying out the act; and
(10) Conducting any other programs for the development, utilization, and marketing of agricultural products grown or produced in the state.
Source
Laws 1979, LB 538, § 8;
Laws 1988, LB 807, § 4.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-3809 - Act, how construed.

2-3809.
Act, how construed.
The Nebraska Agricultural Products Marketing Act shall not be construed:
(1) As altering the provisions of any other act or acts dealing with the marketing of agricultural products or as detracting from the authorities provided for in any such acts;
(2) As empowering the department to require cooperative marketing efforts of persons or groups within any segment of the agriculture industry, but shall be construed only to authorize such cooperative marketing efforts; or
(3) As empowering the department to purchase or otherwise obtain agricultural products or commodities for the purpose of resale.
Source
Laws 1979, LB 538, § 9;
Laws 1988, LB 807, § 5.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-3810 - Department; contracts; limitations.

2-3810.
Department; contracts; limitations.
The department in entering into contracts authorized under the Nebraska Agricultural Products Marketing Act shall not be authorized to set up marketing units or agencies of its own. Only contracts necessary to the furtherance of the intent and purposes of the act shall be entered into.
Source
Laws 1979, LB 538, § 10;
Laws 1988, LB 807, § 6.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-3812 - Nebraska Agricultural Products Marketing Cash Fund; created; use; investment.

2-3812.
Nebraska Agricultural Products Marketing Cash Fund; created; use; investment.
There is hereby created the Nebraska Agricultural Products Marketing Cash Fund. The fund shall consist of money appropriated by the Legislature which is received as gifts or grants or collected as fees or charges from any source, including federal, state, public, and private. The fund shall be utilized for the purpose of carrying out the Nebraska Agricultural Products Marketing Act. Any money in such 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 1982, LB 942, § 1;
Laws 1988, LB 807, § 7;
Laws 1995, LB 7, § 21;
Laws 2013, LB423, § 1;
Laws 2020, LB344, § 58.
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 › 2-3813 - Terms, defined.

2-3813.
Terms, defined.
For purposes of sections 2-3813 and 2-3814, unless the context otherwise requires:
(1) Grain shall mean wheat, corn, soybeans, and sorghum grains;
(2) Quality factors shall mean:
(a) Heat-damaged kernels which include kernels that have been discolored or damaged by high heat from respiring grain;
(b) Total-damaged kernels which represent the percentage, by weight, of kernels damaged by weather, disease, insects, molds, and moisture and includes heat damage;
(c) Foreign material which is all matter other than the grain being examined which remains in a sample after removal of dockage and shrunken and broken kernels;
(d) Shrunken and broken kernels which are kernels, kernel pieces, and other matter that pass through a sixty-four thousandths by three-eighths inch oblong-hole sieve;
(e) Total defects which are the sum of heat-damaged kernels, shrunken and broken kernels, and foreign material;
(f) Wheat of other classes which is any class that is mixed with the predominant class;
(g) Dockage, though not a grading factor, which appears on the certificate if it exceeds forty-nine hundredths of one percent. Dockage shall be rounded down to the nearest one-half percent. Dockage shall include chaff, dust, and items removed from a sample by an initial screening with a dockage tester; and
(h) Grade which is determined by analyzing the physical and biological factors present in the sample. Limits for the grading factors shall be established for each numerical grade. Numerical grades shall range from number 1, highest, to sample grade, lowest. Factors that exceed the established limits shall lower the numerical grade. Higher test weights shall be acceptable; and
(3) Department shall mean the Department of Agriculture.
Source
Laws 1986, LB 1007, § 1.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-3815 - Agriculture promotion and development program; established; purposes; employment of specialists.

2-3815.
Agriculture promotion and development program; established; purposes; employment of specialists.
(1) The Department of Agriculture shall establish an agriculture promotion and development program. The department shall employ a program director and one specialist in research techniques and market development. Both individuals shall report directly to the Director of Agriculture.
(2) The program shall concentrate on the identification and development of opportunities to enhance profitability in agriculture and to stimulate agriculture-related economic development. Program activities may include, but not be limited to, (a) promotion and market development, (b) value-added processing of alternative and traditional commodities, (c) agricultural diversification, including poultry development and aquaculture, (d) agricultural cooperatives, and (e) alternative crops.
(3) The Department of Agriculture shall serve as the facilitator, coordinator, and catalyst for developments through and with the Nebraska Food Processing Center, the Cooperative Extension Service of the University of Nebraska, the commodity boards, the Department of Economic Development, other state agencies, the United States Department of Agriculture grant programs, and the private sector. It is the intent of the Legislature that the department foster close working relationships between production agriculture and existing programs for the purposes of agricultural development and promotion. The department may enter into such contracts as may be necessary to carry out the purposes of this section.
(4) For purposes of this section, unless the context otherwise requires, private sector includes, but is not limited to, representatives of food industry associations, lenders, or venture capital groups.
Source
Laws 1987, LB 561, § 1;
R.S.1943, (1987), § 2-2516;
Laws 2011, LB334, § 1;
Laws 2017, LB644, § 2.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-3948 - Act, how cited.

2-3948.
Act, how cited.
Sections 2-3948 to 2-3963 shall be known and may be cited as the Dairy Industry Development Act.
Source
Laws 1992, LB 275, § 1;
Laws 2001, LB 194, § 1;
Laws 2004, LB 836, § 1.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-3949 - Terms, defined.

2-3949.
Terms, defined.
For purposes of the Dairy Industry Development Act:
(1) Board shall mean the Nebraska Dairy Industry Development Board;
(2) Commercial use shall mean sale for retail consumption or sale for resale, for manufacture for resale, or for processing for resale;
(3) First purchaser of milk shall mean a person who buys milk from a producer and resells to another person the milk or products manufactured or processed from the milk;
(4) Milk shall mean any class of cow's milk produced in the State of Nebraska;
(5) Milk production unit shall mean any producer licensed by the Department of Agriculture;
(6) Producer shall mean any person engaged in the production of milk for commercial use;
(7) Producer-processor shall mean a producer who processes and markets the producer's own milk; and
(8) Qualified program shall mean any state or regional dairy product promotion, research, or nutrition education program which is certified pursuant to 7 C.F.R. 1150.153, as amended. Such program shall: (a) Conduct activities as defined in 7 C.F.R. 1150.114, 1150.115, and 1150.116 intended to increase consumption of milk and dairy products generally; (b) except for programs operated under the laws of the United States or any state, have been active and ongoing before November 29, 1983; (c) be financed primarily by producers, either individually or through cooperative associations; (d) not use any private brand or trade name in advertising and promotion of dairy products unless the National Dairy Promotion and Research Board established pursuant to 7 C.F.R. 1150.131 and the United States Secretary of Agriculture concur that such requirement should not apply; (e) certify to the United States Secretary of Agriculture that any request from a producer for a refund under the program will be honored by forwarding that portion of such refund equal to the amount of credit that otherwise would be applicable to the program pursuant to 7 C.F.R. 1150.152(c) to either the National Dairy Promotion and Research Board or a qualified program designated by the producer; and (f) not use program funds for the purpose of influencing governmental policy or action.
Source
Laws 1992, LB 275, § 2.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-3950 - Legislative findings.

2-3950.
Legislative findings.
The Legislature declares it to be in the public interest that producers in Nebraska be permitted and encouraged to maintain and expand domestic sales of milk and dairy products, develop new products and new markets, improve methods and practices relating to marketing or processing of milk and dairy products, and inform and educate consumers of sound nutritional principles including the role of milk in a balanced diet. It is the purpose of the Dairy Industry Development Act to provide the authorization and to prescribe the necessary procedures by which the dairy industry in Nebraska may finance programs to achieve the purposes expressed in this section. The Nebraska Dairy Industry Development Board shall be the agency of the State of Nebraska for such purpose.
Source
Laws 1992, LB 275, § 3.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-3951 - Nebraska Dairy Industry Development Board; created; members; qualifications.

2-3951.
Nebraska Dairy Industry Development Board; created; members; qualifications.
The Nebraska Dairy Industry Development Board is hereby created. Members of the board shall (1) be residents of Nebraska, (2) be at least twenty-one years of age, (3) have been actually engaged in the production of milk in this state for at least five years, and (4) derive a substantial portion of their income from the production of milk in Nebraska. Board members shall be nominated and appointed as provided in sections 2-3951.01 to 2-3951.04.
Source
Laws 1992, LB 275, § 4;
Laws 2004, LB 836, § 2;
Laws 2013, LB70, § 1.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-3951.01 - Board members; appointment; terms; officers; expenses.

2-3951.01.
Board members; appointment; terms; officers; expenses.
(1) Members of the board shall, as nearly as possible, be representative of all first purchasers of milk and individual producer-processors in the state and, to the extent practicable, result in equitable representation of the various interests of milk producers both in terms of the manner in which milk is marketed and geographic distribution of milk production units in the state.
(2) The terms of the members of the board shall be three years, except that the first term of the initial and additional members of the board shall be staggered so that one-third of the members are appointed each year. The number of years for the first term of new and additional members shall be determined by the Governor. Once duly appointed and qualified, no member's term shall be shortened or terminated by any subsequent certification by the Department of Agriculture of milk production units from which a first purchaser of milk purchases milk.
(3) The Director of Agriculture or his or her designee shall be an ex officio member of the board but shall have no vote in board matters.
(4) Members of the board shall elect from among the members a chairperson, a vice-chairperson, and such other officers as they deem necessary and appropriate.
(5) Members of the board shall be reimbursed for expenses as provided in sections 81-1174 to 81-1177.
Source
Laws 2004, LB 836, § 3;
Laws 2013, LB70, § 2;
Laws 2020, LB381, § 8.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-3951.02 - Board members; nomination and appointment.

2-3951.02.
Board members; nomination and appointment.
(1) Members of the board shall be nominated and appointed as follows:
(a) Each first purchaser of milk which purchases milk from at least twenty-one milk producers may submit to the Governor the names of up to two nominees for each forty milk production units, or major portion thereof, from which the first purchaser purchases milk. The Governor shall appoint one member for each forty production units, or major portion thereof, from nominees submitted pursuant to this subdivision, except that if milk production units certified by the Department of Agriculture have decreased so that each board member appointed pursuant to this subdivision represents less than a major portion of forty production units, the Governor shall maintain representation of one member for each forty production units, or major portion thereof, by not filling a vacancy caused by a member's term expiring; and
(b) All other first purchasers of milk and individual producer-processors who are not included among milk production units claimed by a first purchaser of milk entitled to submit nominees under subdivision (1)(a) of this section shall be combined as a group for the purpose of submitting nominees, and each first purchaser and individual producer-processor of the group may nominate up to two nominees. The Governor shall appoint two members from nominees submitted pursuant to this subdivision.
(2) Whenever the number of members of the board as determined by subsection (1) of this section results in less than seven members, the Governor shall appoint a member or members from the state at large to maintain membership of the board at seven members. Whenever such appointment is required, the board shall call for and submit a list of two or more nominees for each additional member needed to the Governor, and the Governor shall appoint a member or members from the nominees submitted pursuant to this subsection.
(3) Nominations in the case of term expiration or new or at-large membership and for all other vacancies shall be provided according to the process prescribed in section 2-3951.04. The Governor may choose the members of the board from the nominees submitted or may reject all nominees. If the Governor rejects all nominees, names of nominees shall again be provided to the Governor until the appointment is filled.
Source
Laws 2004, LB 836, § 4;
Laws 2013, LB70, § 3.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-3951.03 - Board members; vacancies.

2-3951.03.
Board members; vacancies.
(1) A vacancy on the board exists in the event of the death, incapacity, removal, or resignation of any member; when a member ceases to be a resident of Nebraska; when a member ceases to be a producer in Nebraska; or when the member's term expires. Members whose terms have expired shall continue to serve until their successors are appointed and qualified, except that if such a vacancy will not be filled, as determined by the Governor under section 2-3951.02, the member shall not serve after the expiration of his or her term.
(2) For purposes of filling vacancies on the board, the Governor shall appoint one member from up to two nominees submitted by the vacating member's nominator under section 2-3951.02. In the event of a vacancy, the board shall certify to the vacating member's nominator that such a vacancy exists and shall request nominations to fill the vacancy for the remainder of the unexpired term or for a new term, as the case may be.
Source
Laws 2004, LB 836, § 5;
Laws 2013, LB70, § 4.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-3951.04 - Board members; nominations; notification; procedure.

2-3951.04.
Board members; nominations; notification; procedure.
(1) When nominations for board members are required, written notification shall be given to each producer represented or to be represented by such member, including an at-large member. The first purchaser or purchasers of milk shall notify each producer from whom the first purchaser buys milk that each producer may submit written nominations. If the group represented is a combination of first purchasers of milk and individual producer-processors or if the member is an at-large member, the individual producer-processors shall receive notification from the Department of Agriculture.
(2) Nominations shall be in writing and shall contain an acknowledgment and consent by the producer being nominated. The nomination shall be returned by the producer to the first purchaser of milk or to the department from whom the producer received notification within fifteen days after the receipt of the notification. For nominations to replace a member whose term is to expire or for a new member, the producers shall receive notification between August 1 and August 15 preceding the expiration of the term of the member or the beginning of the term of a new member. For all other vacancies, the producers shall receive notification within thirty days after the member vacates his or her position on the board or within thirty days after the board calls for an at-large member or members as provided in section 2-3951.02.
(3) The first purchasers of milk, the department, or the board shall submit nominations to the Governor by September 30, in the case of term expiration or new or at-large member, or forty-five days after the member vacates his or her position for all other vacancies. The Governor shall make the appointments within thirty days after receipt of the nominations.
(4) All nominees shall meet the qualifications provided in section 2-3951.
Source
Laws 2004, LB 836, § 6;
Laws 2013, LB70, § 5.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-3955 - Board; meetings; minutes.

2-3955.
Board; meetings; minutes.
(1) The board shall meet at least once every six months at a time and place fixed by the board. Special meetings may be called by the chairperson and shall be called by the chairperson upon request of at least twenty-five percent of the members of the board. Written notice of the time and place of all meetings shall be mailed in advance to each member of the board. A majority of members of the board shall constitute a quorum for the transaction of business. The affirmative vote of a majority of all members of the board shall be necessary for the adoption of rules and regulations.
(2) The board shall at each regular meeting review all expenditures made since its last regular meeting.
(3) The board shall keep minutes of its meetings and other books and records which shall clearly reflect all of the acts and transactions of the board. Such records shall be open to examination during normal business hours.
Source
Laws 1992, LB 275, § 8.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-3956 - Board; administration; limitation on expenses.

2-3956.
Board; administration; limitation on expenses.
The board may contract for the necessary office space, furniture, stationery, printing, and personnel services useful or necessary for the administration of the Dairy Industry Development Act. The total administrative costs and expenses of the board shall not exceed five percent of the annual assessments collected in accordance with section 2-3958.
Source
Laws 1992, LB 275, § 9.