reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-201.04 - Office services; billings and charges; Management Services Expense Revolving Fund; created; receipts; disbursements; investment.

81-201.04.
Office services; billings and charges; Management Services Expense Revolving Fund; created; receipts; disbursements; investment.
In conjunction with providing services authorized pursuant to section 81-201.03, the Department of Agriculture shall develop a system of equitable billings and charges for such services. Such system of charges shall reflect, as nearly as may be practical, the actual share of costs incurred on behalf of or for such services to any board, commission, or political subdivision of the state or any other agency of the state or federal government. Any board, commission, or political subdivision of the state or any other agency of the state or federal government which uses such services shall pay for the services out of appropriated or available funds.
There is hereby created the Management Services Expense Revolving Fund. All gifts, grants, and fees or charges collected for such services from any source, including federal, state, public, or private sources, and any appropriation by the Legislature for such purpose shall be credited to such fund. Expenditures shall be made from the fund for the payment of expenses. Such payments shall be made by the Director of Agriculture. 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 1983, LB 579, § 2;
Laws 1991, LB 358, § 7;
Laws 1994, LB 1066, § 97.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-201.05 - Weed Book Cash Fund; created; use; investment.

81-201.05.
Weed Book Cash Fund; created; use; investment.
(1) The Weed Book Cash Fund is created. On July 1, 2005, July 1, 2006, July 1, 2007, July 1, 2008, and July 1, 2009, if there are sufficient funds available, twenty-five thousand dollars shall be transferred from the Weed Book Cash Fund to the Noxious Weed Cash Fund. Transfers may be made from the Weed Book Cash Fund to the General Fund at the direction of the Legislature. Any money in the Weed Book Cash Fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.
(2) The sale price of each Weeds of the Great Plains book sold by the Department of Agriculture shall be credited as follows:
(a) Seventy-five percent to the Weed Book Cash Fund to aid in defraying the cost of publishing, preparing, and distributing such books and any supplemental inserts to such books; and
(b) Twenty-five percent to the Noxious Weed Cash Fund.
Source
Laws 1984, LB 976, § 1;
Laws 1995, LB 7, § 97;
Laws 2004, LB 869, § 9;
Laws 2009, First Spec. Sess., LB3, § 62.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-202 - Department of Agriculture; State Veterinarian; office created; appointment; salary; qualifications; exercise of powers.

81-202.
Department of Agriculture; State Veterinarian; office created; appointment; salary; qualifications; exercise of powers.
Within the Department of Agriculture there shall be the position of State Veterinarian appointed by and subordinate only to the Director of Agriculture. The powers and duties of the department provided by law for the protection of the health of livestock as defined in section 54-2921 shall be exercised and discharged through the department under the direction of the State Veterinarian. The State Veterinarian shall hold office at the will of the director. The State Veterinarian shall receive such salary as fixed by the director and approved by the Governor. The State Veterinarian shall have authority to employ assistants and fix their compensation, subject to the approval of the director. The State Veterinarian shall be a graduate of a college of veterinary medicine accredited by the American Veterinary Medical Association, shall be licensed and accredited as a veterinarian, and shall have demonstrated administrative ability.
Source
Laws 1933, c. 149, § 4, p. 572;
C.S.Supp.,1941, § 81-107;
R.S.1943, § 81-202;
Laws 1961, c. 419, § 2, p. 1282;
Laws 1965, c. 334, § 9, p. 958;
Laws 1993, LB 267, § 26;
Laws 2020, LB344, § 79.
Cross References
For livestock, general provisions, see Chapter 54.
For pathogenic microorganisms, see sections 71-1801 to 71-1805.
Veterinary Medicine and Surgery Practice Act, see section 38-3301.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2,147 - Law, how cited.

81-2,147.
Law, how cited.
Sections 81-2,147 to 81-2,147.12 shall be known and cited as the Nebraska Seed Law.
Source
Laws 1969, c. 759, § 1, p. 2860;
Laws 1985, LB 460, § 11;
Laws 2009, LB263, § 2.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2,147.04 - Records; samples; subject to inspection.

81-2,147.04.
Records; samples; subject to inspection.
Each person whose name appears on the label as handling agricultural, vegetable, or flower seeds subject to the Nebraska Seed Law shall keep for a period of three years complete records of each lot of agricultural, vegetable, or flower seed handled and keep for one year a file sample of each lot of seed after final disposition of the lot. All such records and samples pertaining to the shipment or shipments involved shall be accessible for inspection by the director during customary business hours.
Source
Laws 1969, c. 759, § 5, p. 2871;
Laws 1985, LB 460, § 16;
Laws 1990, LB 37, § 4.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2,147.05 - Exempt seed or grain.

81-2,147.05.
Exempt seed or grain.
(1) Sections 81-2,147.02 and 81-2,147.03 shall not apply:
(a) To seed or grain not intended for sowing purposes;
(b) To seed in storage in, or being transported or consigned to, a cleaning or conditioning establishment for cleaning or conditioning, except that the invoice or labeling accompanying any shipment of such seed shall bear the statement Seed for Conditioning, and any labeling or other representation which may be made with respect to the uncleaned unconditioned seed shall be subject to the Nebraska Seed Law;
(c) To any carrier in respect to any seed transported or delivered for transportation in the ordinary course of its business as a carrier if such carrier is not engaged in producing, conditioning, or marketing agricultural, vegetable, or flower seeds subject to the Nebraska Seed Law; or
(d) To seed libraries.
(2) No person shall be subject to the penalties of the Nebraska Seed Law for having sold agricultural, vegetable, or flower seed which was incorrectly labeled or represented as to kind, variety, or origin, if required, which seeds cannot be identified by examination thereof, unless he or she has failed to obtain an invoice, genuine grower's declaration, or other labeling information and to take such other precautions as may be reasonable to insure the identity to be as stated.
Source
Laws 1969, c. 759, § 6, p. 2871;
Laws 1985, LB 460, § 17;
Laws 1990, LB 37, § 5;
Laws 2015, LB175, § 10.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2,147.07 - Seeds not in compliance with law; remedies; procedure.

81-2,147.07.
Seeds not in compliance with law; remedies; procedure.
(1) Any lot of agricultural, vegetable, or flower seed not in compliance with the Nebraska Seed Law shall be subject to seizure on complaint of the director to a court of competent jurisdiction in the locality in which the seed is located. In the event the court finds the seed to be in violation of such law and orders the condemnation thereof, it shall be denatured, conditioned, destroyed, relabeled, or otherwise disposed of in compliance with the laws of this state, except that in no instance shall the court order such disposition of the seed without first having given the claimant an opportunity to apply to the court for the release of the seed or permission to condition or relabel it to bring it into compliance with such law.
(2) It shall be the duty of the county attorney of the county in which the seed is located or the Attorney General when notified by the Department of Agriculture of such need for seizure to institute appropriate proceedings without delay.
Source
Laws 1969, c. 759, § 8, p. 2874;
Laws 1985, LB 460, § 20;
Laws 1990, LB 37, § 7.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2,147.08 - Restraining order or injunction; application by director; issued without bond.

81-2,147.08.
Restraining order or injunction; application by director; issued without bond.
The director may apply for a restraining order, a temporary or permanent injunction, or a mandatory injunction against any person who has violated, is violating, or is threatening to violate any of the provisions of the Nebraska Seed Law or any rules or regulations adopted and promulgated under such law. The district court of the county in which the violations have occurred, are occurring, or are 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.
Source
Laws 1969, c. 759, § 9, p. 2874;
Laws 1985, LB 460, § 21;
Laws 1990, LB 37, § 8.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2,147.09 - Violations; penalty; hearing; enforcement.

81-2,147.09.
Violations; penalty; hearing; enforcement.
Any person violating the Nebraska Seed Law shall be guilty of a Class IV misdemeanor.
It shall be the duty of the county attorney of the county in which any violation has occurred, is occurring, or is about to occur or the Attorney General when notified by the Department of Agriculture of a violation or a threatened violation to institute appropriate proceedings, either criminal or injunctive, or both, without delay. Before the director reports a violation, an opportunity shall be given to the person against whom proceedings will be brought to present such person's views to the director at a hearing held pursuant to the Administrative Procedure Act.
If after such hearing or without such hearing, in case the defendant or his or her agent or attorney fails or refuses to appear, the director is of the opinion that the evidence warrants prosecution, he or she shall proceed as provided in this section. The county attorney or the Attorney General, as the case may be, shall institute proceedings at once against any person charged with a violation of the Nebraska Seed Law, if in the judgment of the director the information submitted warrants such action.
After judgment by the court in any case arising under such law, the director shall publish any information pertinent to the issuance of the judgment by the court in such media as he or she may designate from time to time.
Source
Laws 1969, c. 759, § 10, p. 2874;
Laws 1977, LB 39, § 280;
Laws 1985, LB 460, § 22;
Laws 1990, LB 37, § 9.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2,147.11 - Nebraska Seed Administrative Cash Fund; created; use; investment.

81-2,147.11.
Nebraska Seed Administrative Cash Fund; created; use; investment.
There is hereby created a fund to be known as the Nebraska Seed Administrative Cash Fund. All money received pursuant to the Nebraska Seed Law shall be remitted to the State Treasurer for credit to such fund. All money credited to the fund shall be used by the Department of Agriculture to aid in defraying the cost of administering such law, except that transfers may be made from the fund to the General Fund at the direction of the Legislature. Any money in the Nebraska Seed Administrative Cash Fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.
Source
Laws 1985, LB 460, § 18;
Laws 1995, LB 7, § 98;
Laws 2009, First Spec. Sess., LB3, § 63.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2,147.12 - Preemption of local law.

81-2,147.12.
Preemption of local law.
The Nebraska Seed Law and any rules and regulations adopted and promulgated thereunder shall supersede and preempt any ordinance, rule, regulation, or resolution enacted by any political subdivision of the state regarding the regulation of seeds. No political subdivision shall prohibit or in any other manner regulate any matter relating to the registration, labeling, or sale of seeds based upon the type, nature, or genetic makeup of such seeds. No political subdivision shall prohibit or in any other manner regulate any matter relating to the registration, labeling, sale, storage, transportation, distribution, notification of use, planting, or cultivation of seeds that is in addition to or in conflict with the Nebraska Seed Law and any rules and regulations adopted and promulgated thereunder. Nothing in this section shall be construed to preempt or otherwise limit the authority of any city or county to adopt and enforce zoning regulations.
Source
Laws 2009, LB263, § 1.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2,149 - State-certified seeds; plant parts; approval of standards; certification, defined.

81-2,149.
State-certified seeds; plant parts; approval of standards; certification, defined.
Every person, firm, association, or corporation who or which issues, uses, or circulates any certificate, advertisement, tag, seal, poster, letterhead, marking, circular, or written or printed representation or description of or pertaining to seeds or plant parts intended for propagation or sale or sold or offered for sale in which the words Nebraska State Certified, State Certified, Nebraska Certified, or similar words or phrases are used or employed or in which are used or employed, signs, symbols, maps, diagrams, pictures, words, or phrases expressly or impliedly stating or representing that such seeds or plant parts comply with or conform to the standards or requirements recommended or approved by the University of Nebraska Institute of Agriculture and Natural Resources or by any department, office, agency, or institution of the State of Nebraska shall be subject to the provisions of sections 81-2,149 to 81-2,154. Every issuance, use, or circulation of any certificate or any other instrument as described in this section shall be deemed to be certification as that term is employed in such sections.
Source
Laws 1931, c. 151, § 1, p. 409;
C.S.Supp.,1941, § 81-1816;
R.S.1943, § 81-2,149;
Laws 1991, LB 663, § 53.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2,150 - State-certified seeds; dealers; observance of rules of University of Nebraska Institute of Agriculture and Natural Resources required.

81-2,150.
State-certified seeds; dealers; observance of rules of University of Nebraska Institute of Agriculture and Natural Resources required.
Every person, firm, association, or corporation subject to the provisions of sections 81-2,149 to 81-2,154 shall observe, perform, and comply with all rules, regulations, and requirements fixed, established, or specified by the University of Nebraska Institute of Agriculture and Natural Resources as to what crops grown or to be grown in Nebraska shall be eligible for certification, either by the institute directly or by agents or agencies authorized by it for the purpose, and as to standards, requirements, and forms of and for certification under such sections, except that not more than one such agent or agency for certification shall be designated for any one specified crop. No certification, within the provisions of such sections, shall be made or authorized except by or through the institute.
Source
Laws 1931, c. 151, § 2, p. 409;
C.S.Supp.,1941, § 81-1817;
R.S.1943, § 81-2,150;
Laws 1991, LB 663, § 54.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2,151 - State-certified seeds; certification agencies; nonprofit basis.

81-2,151.
State-certified seeds; certification agencies; nonprofit basis.
Certification work, whether conducted by the University of Nebraska Institute of Agriculture and Natural Resources or by any agency designated by it, shall be on a self-supporting basis and not for financial profit. The institute may designate as the agency for the certification of seed potatoes a nonstock, nonprofit cooperative association engaged in the marketing of such potatoes under exclusive marketing agreements with its growers.
Source
Laws 1931, c. 151, § 3, p. 409;
C.S.Supp.,1941, § 81-1818;
R.S.1943, § 81-2,151;
Laws 1991, LB 663, § 55.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2,152 - State-certified seeds; certification agencies; legal obligations; University of Nebraska Institute of Agriculture and Natural Resources not liable.

81-2,152.
State-certified seeds; certification agencies; legal obligations; University of Nebraska Institute of Agriculture and Natural Resources not liable.
The University of Nebraska Institute of Agriculture and Natural Resources shall not be financially responsible for debts incurred by, damages inflicted by, or contracts broken by certifying agencies in conducting certification work.
Source
Laws 1931, c. 151, § 4, p. 410;
C.S.Supp.,1941, § 81-1819;
R.S.1943, § 81-2,152;
Laws 1991, LB 663, § 56.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2,153 - State-certified seeds; growers; violations; dishonest practices; certification may be withheld.

81-2,153.
State-certified seeds; growers; violations; dishonest practices; certification may be withheld.
The University of Nebraska Institute of Agriculture and Natural Resources or its designated agency or agencies may withhold certification, for a period not to exceed two years, from any grower of seeds or plant parts who is engaged in or attempting to engage in any dishonest practices for the purpose of evading the provisions of sections 81-2,149 to 81-2,154, including standards, rules, and regulations laid down by the institute to cover certification.
Source
Laws 1931, c. 151, § 5, p. 410;
C.S.Supp.,1941, § 81-1820;
R.S.1943, § 81-2,153;
Laws 1991, LB 663, § 57.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2,154 - State-certified seeds; violations; penalty.

81-2,154.
State-certified seeds; violations; penalty.
It shall be unlawful for any person, firm, association, or corporation to issue, make, use, or circulate any certification as defined in section 81-2,149 without the authority and approval of the University of Nebraska Institute of Agriculture and Natural Resources or its duly authorized agency. Every person, firm, association, or corporation who violates any of the provisions of sections 81-2,149 to 81-2,154 pertaining to certification shall be guilty of a Class IV misdemeanor.
Source
Laws 1931, c. 151, § 6, p. 410;
C.S.Supp.,1941, § 81-1821;
R.S.1943, § 81-2,154;
Laws 1977, LB 39, § 281;
Laws 1991, LB 663, § 58.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2,155 - Hybrid seed corn; practices forbidden.

81-2,155.
Hybrid seed corn; practices forbidden.
It shall be unlawful for any person, firm, corporation or its agents or representatives to sell, offer or expose for sale, or falsely mark or tag, within the State of Nebraska, any seed corn as hybrid unless it is seed of the first generation of a cross involving two, three, or four different inbred lines of corn or their combinations.
Source
Laws 1937, c. 4, § 1, p. 56;
C.S.Supp.,1941, § 81-1823;
R.S.1943, § 81-2,155;
Laws 2017, LB276, § 1.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2,156 - Hybrid seed corn; cross, defined.

81-2,156.
Hybrid seed corn; cross, defined.
The cross mentioned in section 81-2,155 shall be produced by cross fertilization performed by a method of proper isolation in time or distance and controlled either by hand, by detasseling at the proper times, or by utilizing male sterility systems.
Source
Laws 1937, c. 4, § 2, p. 56;
C.S.Supp.,1941, § 81-1824;
R.S.1943, § 81-2,156;
Laws 2017, LB276, § 2.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2,157 - Hybrid seed corn; violations; penalty; enforcement action; Director of Agriculture; duties.

81-2,157.
Hybrid seed corn; violations; penalty; enforcement action; Director of Agriculture; duties.
(1) Any person who violates any of the provisions of sections 81-2,155 and 81-2,156 shall be guilty of a Class III misdemeanor.
(2) In addition to the criminal penalty provided under subsection (1) of this section, a restraining order or a temporary, permanent, or mandatory injunction may be imposed against any person to restrain the commission or continuance of any act in violation of any of the provisions of sections 81-2,155 and 81-2,156. The district court of the county where such act is occurring or about to occur shall have jurisdiction to grant such relief upon good cause shown. Relief may be granted notwithstanding the existence of any other remedy at law and shall be granted without bond.
(3) Whenever the Director of Agriculture has a reasonable belief that the commission or continuance of any act is in violation of sections 81-2,155 and 81-2,156, the director shall report such belief to the Attorney General or the county attorney of the county in which such act is occurring or about to occur. Upon satisfactory information provided by the director, the Attorney General or the appropriate county attorney may cause appropriate proceedings pursuant to this section to be initiated without delay.
Source
Laws 1937, c. 4, § 3, p. 56;
C.S.Supp.,1941, § 81-1825;
R.S.1943, § 81-2,157;
Laws 1977, LB 39, § 282;
Laws 2017, LB276, § 3.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2,162.01 - Act; administration.

81-2,162.01.
Act; administration.
The Nebraska Commercial Fertilizer and Soil Conditioner Act shall be administered by the Director of Agriculture.
Source
Laws 1955, c. 334, § 1, p. 1037;
Laws 1975, LB 333, § 1;
Laws 1987, LB 201, § 3.
Annotations
"Product" under sections 81-2,162.01 to 81-2,162.07, R.R.S.1943, means the product which is sold in the normal course of business to the ultimate consumer, and consists of the finished product. "Manufacture" means manufacture of the finished product. "Distributes" means distribution of the finished product, and not a mere ingredient. PPG Industries Canada LTD v. Kreuscher, 204 Neb. 220, 281 N.W.2d 762 (1979).
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2,162.04 - Soil conditioner; label; contents; bulk; statement; common name; pesticide; how labeled.

81-2,162.04.
Soil conditioner; label; contents; bulk; statement; common name; pesticide; how labeled.
(1) Any packaged soil conditioner distributed in this state, except custom-blended products, shall have placed on or affixed to the package a label stating clearly and conspicuously (a) the net weight or measure of the product, (b) the information required by subdivisions (1)(c) and (d) of section 81-2,162.03, (c) the total percentage of all active ingredients in the soil conditioner, (d) the identification and percentage of each individual active ingredient, (e) the total percentage of the inactive ingredients, (f) the identification and percentage of each individual inactive ingredient which comprises more than two percent of the entire soil conditioner, and (g) under a category entitled other inactive ingredients, the total percentage of the remaining inactive ingredients which individually do not comprise two percent or more of the soil conditioner.
(2) If any soil conditioner is distributed in bulk, a written or printed statement of the weight and the information required by subdivisions (1)(c) and (d) of section 81-2,162.03 and by subdivisions (1)(c) through (g) of this section shall accompany delivery and be supplied to the purchaser.
(3) Whenever a soil conditioner is so comprised as to be recognized by a name commonly understood by ordinary individuals, such name shall be prominently and conspicuously displayed on the label.
(4) Notwithstanding any other provision of the Nebraska Commercial Fertilizer and Soil Conditioner Act, any soil conditioner which is also a pesticide, labeled in conformance with the Pesticide Act, shall be deemed to be labeled in conformance with the Nebraska Commercial Fertilizer and Soil Conditioner Act.
Source
Laws 1978, LB 692, § 3;
Laws 1987, LB 24, § 1;
Laws 1987, LB 201, § 4;
Laws 1993, LB 588, § 37;
Laws 2015, LB93, § 2.
Cross References
Pesticide Act, see section 2-2622.
Annotations
"Product" under sections 81-2,162.01 to 81-2,162.07, R.R.S.1943, means the product which is sold in the normal course of business to the ultimate consumer, and consists of the finished product. "Manufacture" means manufacture of the finished product. "Distributes" means distribution of the finished product, and not a mere ingredient. PPG Industries Canada LTD v. Kreuscher, 204 Neb. 220, 281 N.W.2d 762 (1979).
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2,162.08 - Commercial fertilizer; superphosphate; requirements.

81-2,162.08.
Commercial fertilizer; superphosphate; requirements.
No superphosphate containing less than eighteen percent available phosphate nor any commercial fertilizer in which the sum of the guarantees for the nitrogen, available phosphate, and soluble potash totals less than twenty percent shall be distributed in this state except for fertilizers containing twenty-five percent or more of their nitrogen in water-insoluble form of plant or animal origin, in which case the total nitrogen, available phosphate, and soluble potash shall not total less than eighteen percent. This section shall not apply to specialty fertilizers.
Source
Laws 1955, c. 334, § 8, p. 1042;
Laws 1975, LB 333, § 9;
Laws 2015, LB93, § 6.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2,162.11 - Commercial fertilizer and soil conditioner; sales information; director make available; contents.

81-2,162.11.
Commercial fertilizer and soil conditioner; sales information; director make available; contents.
The director shall annually make available, in such form as he or she may deem proper, information concerning the sales of commercial fertilizers and soil conditioners and a report of the results of the analysis based on official samples of commercial fertilizers and soil conditioners distributed within the state as compared with the analyses guaranteed under the provisions of the Nebraska Commercial Fertilizer and Soil Conditioner Act.
Source
Laws 1955, c. 334, § 11, p. 1043;
Laws 1975, LB 333, § 12;
Laws, 1992, LB 366, § 31;
Laws 2015, LB93, § 7.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2,162.12 - Commercial fertilizers and soil conditioners; rules and regulations.

81-2,162.12.
Commercial fertilizers and soil conditioners; rules and regulations.
For the enforcement of the Nebraska Commercial Fertilizer and Soil Conditioner Act, the director is authorized to prescribe rules and regulations, after public hearing following due public notice, relating to the distribution of commercial fertilizers and soil conditioners as he or she may find necessary to carry into effect the full intent and meaning of the act.
Source
Laws 1955, c. 334, § 12, p. 1044;
Laws 1975, LB 333, § 13;
Laws 1992, LB 366, § 32.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2,162.13 - Commercial fertilizer or soil conditioner; registration or license; cancellation; reasons; hearing.

81-2,162.13.
Commercial fertilizer or soil conditioner; registration or license; cancellation; reasons; hearing.
The director is authorized and empowered to cancel the registration or license of any person manufacturing or distributing any commercial fertilizer or soil conditioner or to refuse to register any soil conditioner upon satisfactory evidence that the registrant, licensee, or guarantor has used fraudulent or deceptive practices in the evasions or attempted evasions of the provisions of the Nebraska Commercial Fertilizer and Soil Conditioner Act or any rules and regulations promulgated thereunder. No license or registration shall be revoked or refused until the registrant, licensee, or guarantor has been given the opportunity to appear for a hearing before the director.
Source
Laws 1955, c. 334, § 13, p. 1044;
Laws 1975, LB 333, § 14;
Laws 1980, LB 889, § 6;
Laws 1992, LB 366, § 33.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2,162.14 - Commercial fertilizer or soil conditioner; stop-sale, stop-use, or removal order; effect; release, when.

81-2,162.14.
Commercial fertilizer or soil conditioner; stop-sale, stop-use, or removal order; effect; release, when.
The director may issue and enforce a written or printed stop-sale, stop-use, or removal order to the owner or custodian of any lot of commercial fertilizer or soil conditioner and may require the owner or custodian to hold any lot at a designated place when the director has reason to believe the product is being offered or exposed for sale in violation of any of the provisions of the Nebraska Commercial Fertilizer and Soil Conditioner Act until the law has been complied with and such product is released in writing by the director or the violation has been otherwise legally disposed of by written authority. The director shall release the product so withdrawn when the requirements of the act have been complied with and all costs and expenses incurred in connection with the withdrawal have been paid.
Source
Laws 1955, c. 334, § 14, p. 1044;
Laws 1975, LB 333, § 15;
Laws 1988, LB 871, § 28.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2,162.15 - Commercial fertilizer or soil conditioner; noncompliance; condemnation; court order; opportunity to comply.

81-2,162.15.
Commercial fertilizer or soil conditioner; noncompliance; condemnation; court order; opportunity to comply.
Any lot of commercial fertilizer or soil conditioner not in compliance with the provisions of the Nebraska Commercial Fertilizer and Soil Conditioner Act shall be subject to seizure on complaint of the director to a court of competent jurisdiction in the area in which such product is located. In the event the court finds such product to be in violation of the provisions of such act and orders the condemnation of such product, it shall be disposed of in any manner consistent with the quality of the product and the laws of the state. In no instance shall the disposition of such product be ordered by the court without first giving the claimant an opportunity to apply to the court for release of such product or for permission to process or relabel such product to bring it into compliance with the provisions of the act.
Source
Laws 1955, c. 334, § 15, p. 1044;
Laws 1975, LB 333, § 16;
Laws 1992, LB 366, § 34.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2,162.16 - Commercial fertilizer or soil conditioner; rules and regulations; violation; notice; hearing; certification to county attorney or Attorney General.

81-2,162.16.
Commercial fertilizer or soil conditioner; rules and regulations; violation; notice; hearing; certification to county attorney or Attorney General.
If it shall appear from the examination of any commercial fertilizer or soil conditioner that any of the provisions of the Nebraska Commercial Fertilizer and Soil Conditioner Act or the rules and regulations issued thereunder have been violated, the director shall cause notice of the violations to be given to the person from whom the sample was taken. Any person so notified shall be given opportunity to be heard under such rules and regulations as may be prescribed by the director. If it appears after such hearing, either in the presence or absence of the person so notified, that any of the provisions of the act or rules and regulations issued thereunder have been violated, the director may certify the facts to the county attorney of the county in which the violation occurred or to the Attorney General, as the case may be.
Source
Laws 1955, c. 334, § 16, p. 1045;
Laws 1975, LB 333, § 17;
Laws 1992, LB 366, § 35.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2,162.17 - Commercial fertilizer or soil conditioner; act; violations; penalty.

81-2,162.17.
Commercial fertilizer or soil conditioner; act; violations; penalty.
Any person violating any provisions of the Nebraska Commercial Fertilizer and Soil Conditioner Act or the rules and regulations issued thereunder, or who shall impede, obstruct, hinder, or otherwise prevent or attempt to prevent the director in the performance of his or her duty pursuant to the act, shall be guilty of a Class II misdemeanor.
Source
Laws 1955, c. 334, § 17, p. 1045;
Laws 1975, LB 333, § 18;
Laws 1977, LB 39, § 283;
Laws 1992, LB 366, § 36.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2,162.18 - Commercial fertilizer or soil conditioner; unlawful practices; director; waiver, when.

81-2,162.18.
Commercial fertilizer or soil conditioner; unlawful practices; director; waiver, when.
Nothing in the Nebraska Commercial Fertilizer and Soil Conditioner Act shall be construed as requiring the director to report for prosecution or for the institution of seizure proceedings for minor violations of such act when he or she believes that the public interest will be best served by a suitable notice of warning in writing.
Source
Laws 1955, c. 334, § 18, p. 1045;
Laws 1975, LB 333, § 19;
Laws 1992, LB 366, § 37.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2,162.19 - Commercial fertilizer or soil conditioner; Attorney General; county attorney; duties.

81-2,162.19.
Commercial fertilizer or soil conditioner; Attorney General; county attorney; duties.
It shall be the duty of each county attorney or the Attorney General, as the case may be, to whom any violation is reported to cause appropriate proceedings to be instituted and prosecuted in a court of competent jurisdiction without delay.
Source
Laws 1955, c. 334, § 19, p. 1046.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2,162.20 - Commercial fertilizer or soil conditioner; injunction; director; application; no bond required.

81-2,162.20.
Commercial fertilizer or soil conditioner; injunction; director; application; no bond required.
The director is hereby authorized to apply for and the court to grant a temporary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of the Nebraska Commercial Fertilizer and Soil Conditioner Act, or any rules or regulations promulgated under the act, notwithstanding the existence of other remedies at law. The injunction shall be issued without bond.
Source
Laws 1955, c. 334, § 20, p. 1046;
Laws 1975, LB 333, § 20;
Laws 1992, LB 366, § 38.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2,162.21 - Commercial fertilizer or soil conditioner; sales or exchanges; restriction or avoidance; exception.

81-2,162.21.
Commercial fertilizer or soil conditioner; sales or exchanges; restriction or avoidance; exception.
Nothing in the Nebraska Commercial Fertilizer and Soil Conditioner Act shall be construed to restrict or avoid sales or exchanges of commercial fertilizers or soil conditioners to each other by importers, manufacturers, or manipulators who mix commercial fertilizers or soil conditioners for sale or as preventing the free and unrestricted shipments of commercial fertilizers and soil conditioners to manufacturers or manipulators who have met the provisions of the act.
Source
Laws 1955, c. 334, § 21, p. 1046;
Laws 1975, LB 333, § 21;
Laws 1992, LB 366, § 39.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2,162.22 - Act, how cited.

81-2,162.22.
Act, how cited.
Sections 81-2,162.01 to 81-2,162.28 shall be known and may be cited as the Nebraska Commercial Fertilizer and Soil Conditioner Act.
Source
Laws 1955, c. 334, § 22, p. 1046;
Laws 1975, LB 333, § 23;
Laws 1987, LB 201, § 5;
Laws 2009, LB263, § 4.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2,162.23 - Manufacture or distribution of commercial fertilizers or soil conditioners; license required; exception; application; fee; posting of license; records; contents.

81-2,162.23.
Manufacture or distribution of commercial fertilizers or soil conditioners; license required; exception; application; fee; posting of license; records; contents.
(1) No person shall manufacture or distribute commercial fertilizers or soil conditioners in this state unless such person holds a valid license for each manufacturing and distribution facility in this state. Any out-of-state manufacturer or distributor who has no distribution facility within this state shall obtain a license for his or her principal out-of-state office if he or she markets or distributes commercial fertilizer or soil conditioners in the State of Nebraska.
(2) An applicant for a license shall make application to the department on forms furnished by the department. Application forms shall be submitted to the department accompanied by an annual license fee of fifteen dollars. Licenses shall be renewed on or before January 1 of each year.
(3) A copy of the valid license shall be posted in a conspicuous place in each manufacturing or distribution facility.
(4) Persons distributing custom-blended products shall maintain records of purchase orders received for custom-blended products from the date such orders are received until such products are distributed, which records shall be sufficient to show the product ordered, date of such order, purchaser, and quantity of product ordered.
(5) The provisions of this section shall not apply to any retail store which sells or offers for sale less than a five-ton volume of commercial fertilizer or soil conditioners annually.
Source
Laws 1975, LB 333, § 3;
Laws 1977, LB 91, § 4;
Laws 1980, LB 889, § 7;
Laws 1983, LB 617, § 26;
Laws 1992, LB 366, § 40;
Laws 1997, LB 752, § 218;
Laws 2015, LB93, § 8.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2,162.25 - Misbranded commercial fertilizer or soil conditioner; distribution unlawful; how determined.

81-2,162.25.
Misbranded commercial fertilizer or soil conditioner; distribution unlawful; how determined.
No person shall distribute misbranded commercial fertilizers or soil conditioners. A commercial fertilizer or soil conditioner shall be deemed to be misbranded if:
(1) Its labeling is false or misleading in any particular;
(2) It is distributed under the name of another commercial fertilizer or soil conditioner;
(3) It is not labeled as required by the Nebraska Commercial Fertilizer and Soil Conditioner Act or the regulations promulgated under the act;
(4) It purports to be or is represented as a commercial fertilizer or soil conditioner or as containing an ingredient, for which a definition of identity or standard of quality has been prescribed by regulation of the department, unless it conforms to such definition and standard; or
(5) Any word, statement, or other information required by the act or the regulations promulgated under the act to appear on the label is not prominently displayed with such conspicuousness, as compared with other words, statements, designs, or devices, on the label, and in such terms as to render it likely to be read and understood by an individual under customary conditions of purchase and use.
Source
Laws 1975, LB 333, § 10;
Laws 1992, LB 366, § 41.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2,162.26 - Adulterated commercial fertilizer or soil conditioner; distribution unlawful; how determined.

81-2,162.26.
Adulterated commercial fertilizer or soil conditioner; distribution unlawful; how determined.
No person shall distribute adulterated commercial fertilizers or soil conditioners. A commercial fertilizer or soil conditioner shall be deemed to be adulterated if:
(1) It contains any toxic materials, other than pesticides registered pursuant to law, in quantities injurious to plant or animal health;
(2) Any valuable constituent has been in whole or in part omitted or subtracted therefrom or any less valuable substance substituted therefor;
(3) Its composition or quality falls below or differs from that which it is purported or is represented to possess by its label;
(4) Warning statements or directions for use, as prescribed by the director to be shown on the label, are not displayed thereon; or
(5) It contains amounts of crop seed, weed seed, or other foreign materials in excess of tolerances as may be established by rules and regulations of the department.
Source
Laws 1975, LB 333, § 11;
Laws 1980, LB 889, § 8.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2,162.27 - Fertilizers and Soil Conditioners Administrative Fund; created; use; transfers; investment.

81-2,162.27.
Fertilizers and Soil Conditioners Administrative Fund; created; use; transfers; investment.
(1) All money received under the Nebraska Commercial Fertilizer and Soil Conditioner Act and the Agricultural Liming Materials Act shall be remitted to the State Treasurer for credit to the Fertilizers and Soil Conditioners Administrative Fund, which fund is hereby created. Money so received shall be used by the department for defraying the expenses of administering the Nebraska Commercial Fertilizer and Soil Conditioner Act and the Agricultural Liming Materials Act. The fund may also be used to defray costs incurred by the department directly related to administrative and budgetary support of the Healthy Soils Task Force pursuant to sections 2-401 to 2-404, except that no more than ten thousand dollars may be expended by the department from the fund for such purpose. Until January 1, 2020, the fund may also be used to defray all reasonable and necessary costs related to the implementation of the Nebraska Hemp Farming Act. The Department of Agriculture shall document all costs incurred for such purpose. The budget administrator of the budget division of the Department of Administrative Services may transfer a like amount from the Nebraska Hemp Program Fund to the Fertilizers and Soil Conditioners Administrative Fund no later than October 1, 2022. Transfers may be made from the fund to the General Fund at the direction of the Legislature. The State Treasurer shall transfer two hundred seventy-five thousand dollars from the Fertilizers and Soil Conditioners Administrative Fund to the General Fund on or before June 30, 2019, on such dates and in such amounts as directed by the budget administrator of the budget division of the Department of Administrative Services.
(2) Any unexpended balance in the Fertilizers and Soil Conditioners Administrative Fund at the close of any biennium shall, when reappropriated, be available for the uses and purposes of the fund for the succeeding biennium. 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 1975, LB 333, § 22;
Laws 1986, LB 258, § 32;
Laws 1995, LB 7, § 99;
Laws 2001, LB 329, § 14;
Laws 2003, LB 157, § 4;
Laws 2015, LB93, § 9;
Laws 2018, LB945, § 18;
Laws 2019, LB243, § 5;
Laws 2019, LB657, § 23.
Cross References
Agricultural Liming Materials Act, see section 2-4301.
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska Hemp Farming Act, see section 2-501.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2,162.28 - Preemption of local law.

81-2,162.28.
Preemption of local law.
The Nebraska Commercial Fertilizer and Soil Conditioner Act and any rules and regulations adopted and promulgated thereunder shall supersede and preempt any ordinance, rule, regulation, or resolution enacted by any political subdivision of the state regarding the regulation of fertilizer and soil conditioners. No political subdivision shall prohibit or in any other manner regulate any matter relating to the registration, labeling, or sale of fertilizer and soil conditioners. No political subdivision shall prohibit or in any other manner regulate any matter relating to the storage, transportation, distribution, notification of use, or use that is in addition to or in conflict with the Nebraska Commercial Fertilizer and Soil Conditioner Act and any rules and regulations adopted and promulgated thereunder. Nothing in this section shall be construed to preempt or otherwise limit the authority of any city or county to adopt and enforce zoning regulations or any natural resources district to enforce the Nebraska Ground Water Management and Protection Act.
Source
Laws 2009, LB263, § 3.
Cross References
Nebraska Ground Water Management and Protection Act, see section 46-701.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2,163 - State agricultural resources, industries, and development; department; publications; powers.

81-2,163.
State agricultural resources, industries, and development; department; publications; powers.
(1) The Department of Agriculture may provide information in reference to the state's agricultural resources, industries, and development and may assemble data relating to such resources, industries, and development. The department may publish the facts ascertained and may charge for departmental publications an amount not to exceed the cost of collecting, publishing, and distributing such information for the purposes of sections 81-201, 81-2,163, and 81-2,164.03.
(2) The Department of Agriculture may cooperate with the federal government, farm industry groups or associations, and any other person in assembling and disseminating information relating to agricultural products produced throughout the state.
Source
Laws 1919, c. 190, tit. III, art. XXI, § 1, p. 545;
C.S.1922, § 7640;
C.S.1929, § 81-2501;
R.S.1943, § 81-2,163;
Laws 1986, LB 795, § 1;
Laws 2018, LB135, § 1.