reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-15,103 - Commission; duties.

2-15,103.
Commission; duties.
The commission shall provide the director and the Legislature upon request with the opinion of the general public and various water interests in the state. It is the intent of the Legislature that the commission consider the different opinions of the individual members but, as a body, it shall provide the director with input and comments on state water planning and review process activities as they relate to the overall use of Nebraska's water resources. The functions of the commission shall include providing upon request advice and assistance in the planning process by: (1) Identifying legislative and administrative policy issues; (2) developing and reviewing alternative solutions for legislative and administrative policy problems, including impact assessment; (3) recommending the types of problems needing analysis and where such problems are located or likely to be located; (4) disseminating information and materials generated by the planning process to the public; (5) determining the conditions under which and the methods by which additional public input is to be obtained; and (6) reviewing and commenting on reports produced through the planning process.
Source
Laws 1981, LB 326, § 5;
R.S.Supp.,1982, § 2-3286;
Laws 1984, LB 1106, § 39;
Laws 2000, LB 900, § 45.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-15,105 - Public hearings; materials; made available to public.

2-15,105.
Public hearings; materials; made available to public.
It is the intent of the Legislature that the public have maximum input into the formulation of state water policy. The director shall conduct one or more public hearings prior to the completion of any recommendations to the Legislature on methods of addressing water policy issues. All materials produced as part of the state water planning and review process shall be available to interested persons and groups upon request. The department or other agency providing such material may make a charge therefor which does not exceed the actual cost of providing the same.
Source
Laws 1981, LB 326, § 7;
R.S.Supp.,1982, § 2-3288;
Laws 1984, LB 1106, § 41;
Laws 2000, LB 900, § 46.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-15,106 - Annual report; contents.

2-15,106.
Annual report; contents.
On or before September 15 for each odd-numbered year and on or before the date provided in subsection (1) of section 81-132 for each even-numbered year, the director shall submit an annual report and plan of work for the state water planning and review process to the Legislature and Governor. The report submitted to the Legislature shall be submitted electronically. The report shall include a listing of expenditures for the past fiscal year, a summary and analysis of work completed in the past fiscal year, funding requirements for the next fiscal year, and a projection and analysis of work to be completed and estimated funding requirements for such work for the next succeeding four years. The explanation of future funding requirements shall include an explanation of the proposed use of such funds and the anticipated results of the expenditure of such funds. The report shall, to the extent possible, identify such information as it affects each agency or other recipient of program funds. The explanation of future funding requirements shall be in a form suitable for providing an explanation of that portion of the budget request pertaining to the state water planning and review process.
Source
Laws 1981, LB 326, § 8;
R.S.Supp.,1982, § 2-3289;
Laws 1984, LB 1106, § 42;
Laws 2000, LB 900, § 47;
Laws 2002, Second Spec. Sess., LB 12, § 1;
Laws 2012, LB782, § 4;
Laws 2016, LB1092, § 1.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-15,122 - Natural Resources Water Quality Fund; created; use; investment.

2-15,122.
Natural Resources Water Quality Fund; created; use; investment.
There is hereby created the Natural Resources Water Quality Fund. The State Treasurer shall credit to the fund for the uses and purposes of section 2-15,123 such money as is specifically appropriated, such funds, fees, donations, gifts, services, or devises or bequests of real or personal property received by the department from any source, federal, state, public, or private, to be used by the department for the purpose of funding programs listed in subsection (2) of section 2-15,123, and such money credited under sections 2-2634, 2-2638, and 2-2641. The department shall allocate money from the fund pursuant to section 2-15,123. The fund shall be exempt from provisions relating to lapsing of appropriations, and the unexpended and unencumbered balance existing in the fund on June 30 each year shall be reappropriated, except that transfers may be made from the fund to the General Fund at the direction of the Legislature. Any money in the Natural Resources Water Quality 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 1994, LB 961, § 5;
Laws 1995, LB 7, § 9;
Laws 2000, LB 900, § 48;
Laws 2001, LB 329, § 1;
Laws 2006, LB 874, § 1;
Laws 2009, First Spec. Sess., LB3, § 5.
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 › 2-15,123 - Natural Resources Water Quality Fund; allocation; programs; rules and regulations.

2-15,123.
Natural Resources Water Quality Fund; allocation; programs; rules and regulations.
(1) The Natural Resources Water Quality Fund shall be allocated by contractual agreement with natural resources districts for the purpose of funding programs listed in subsection (2) of this section. A natural resources district receiving an allocation shall provide a one hundred fifty percent match of district funds. The initial allocations each fiscal year shall be made by the department, based on needs of individual natural resources districts relative to needs of other districts, to districts which have qualifying programs. The director shall have sole discretion to decide whether a district's program qualifies for funding pursuant to this section. The unused allocations may be reallocated to another district if the director determines that one or more districts cannot reasonably be expected to use their full allocation for that fiscal year. The commission shall adopt and promulgate rules and regulations to administer the Natural Resources Water Quality Fund.
(2) The fund shall be allocated to natural resources districts for programs related to water quality, including, but not limited to:
(a) Natural resources districts' water quality programs;
(b) Natural resources districts' illegal water wells decommissioning programs;
(c) Inspections by natural resources districts conducted pursuant to the Nebraska Chemigation Act;
(d) Source water protection programs undertaken by natural resources districts;
(e) Purchases of special equipment required by natural resources districts in management areas and control areas formed pursuant to the Nebraska Ground Water Management and Protection Act; and
(f) Application of soil and water conservation practices.
Source
Laws 1994, LB 961, § 6;
Laws 2000, LB 900, § 49;
Laws 2001, LB 329, § 2.
Cross References
Nebraska Chemigation Act, see section 46-1101.
Nebraska Ground Water Management and Protection Act, see section 46-701.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-1601 - Agricultural extension work authorized.

2-1601.
Agricultural extension work authorized.
In order to aid in diffusing among the people of Nebraska useful and practical information on subjects relating to agriculture, home economics, and rural life and to encourage the application of the same, there may be inaugurated, in each of the several counties of the State of Nebraska, extension work which shall be carried on in cooperation with the University of Nebraska Institute of Agriculture and Natural Resources and the United States Department of Agriculture as provided in the Act of Congress of May 8, 1914.
Source
Laws 1939, c. 1, § 1, p. 53;
C.S.Supp.,1941, § 2-2001;
R.S.1943, § 2-1601;
Laws 1991, LB 663, § 27.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-1602 - Extension work; scope.

2-1602.
Extension work; scope.
Cooperative extension work shall consist of the giving of practical demonstrations in agriculture and home economics and imparting information on such subjects through field and home demonstrations, 4-H clubs, public meetings, publications, and otherwise. The work shall be carried on in each county under the direction of the executive board of the extension organization in the county in such manner as may be mutually agreed upon by the executive board of such county provided for in section 2-1603 and the Regents of the University of Nebraska Institute of Agriculture and Natural Resources, through their duly appointed extension representatives.
Source
Laws 1939, c. 1, § 2, p. 53;
C.S.Supp.,1941, § 2-2002;
R.S.1943, § 2-1602;
Laws 1991, LB 663, § 28.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-1603 - County extension society; formation; petition for appropriation.

2-1603.
County extension society; formation; petition for appropriation.
For the purpose of carrying out the provisions of sections 2-1601 to 2-1608, there may be created in each county or combination of counties within the State of Nebraska an organization to be created in the following manner: Whenever a number of farm operators of a county or counties effect an organization for doing extension work in agriculture and home economics, adopt a constitution and bylaws as are not inconsistent with the Cooperative Extension Service of the University of Nebraska, and are recognized by the extension service as the official body within the county or counties for carrying on extension work in agriculture and home economics within the county or counties, such organization may make such regulations and bylaws for its government and the carrying on of its work as are not inconsistent with the provisions of such sections, except that for the purposes of such sections only one such organization shall be recognized in any one county or counties so affiliated. Any farm operator or spouse of a farm operator who is a legal voter in the county may at any time petition the county board to appropriate a sum of money from the general fund of the county, as provided by section 2-1604, for the purpose of employing and maintaining a county agricultural agent and for carrying out generally the purposes as expressed in sections 2-1601 and 2-1602. It shall be understood that for each family operating a farm, there shall be only one person whose name shall be counted in judging the sufficiency of such petition. When any farm operator or spouse of a farm operator has so petitioned the county board, both spouses shall be deemed members of the county extension organization provided for in sections 2-1601 to 2-1603 and shall be entitled to all voting and participating rights thereto.
Source
Laws 1939, c. 1, § 3, p. 54;
C.S.Supp.,1941, § 2-2003;
R.S.1943, § 2-1603;
Laws 1991, LB 663, § 29;
Laws 1992, LB 672, § 1.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-1605 - Farm operator, defined; determination of number.

2-1605.
Farm operator, defined; determination of number.
In sections 2-1601 to 2-1608 the term farm operator shall mean any person who actually manages, and either by his or her own or other's labor, operates a tract of agricultural land of not less than three acres, and whose name appears on the tax rolls of the county as owning property or equipment such as might be used in operating such tract of agricultural land. The number of farmers in a county shall be determined by the report of the last federal census.
Source
Laws 1939, c. 1, § 5, p. 56;
C.S.Supp.,1941, § 2-2005;
R.S.1943, § 2-1605;
Laws 1992, LB 672, § 3.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-1606 - County extension society; annual report; budget.

2-1606.
County extension society; annual report; budget.
The president and secretary of the organization shall on or before January 1 of each year file with the county clerk (1) a report of their work during the preceding year; (2) a sworn itemized statement of expenditures under sections 2-1601 to 2-1608 during the preceding year; and (3) a budget or estimate of the funds necessary for the carrying on of such work in the county during the ensuing year.
Source
Laws 1939, c. 1, § 6, p. 56;
C.S.Supp.,1941, § 2-2006;
R.S.1943, § 2-1606;
Laws 1992, LB 672, § 4.
Annotations
The president and secretary of the county extension service submit proposed budget to county board. State ex rel. Agricultural Extension Service v. Miller, 182 Neb. 285, 154 N.W.2d 469 (1967).
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-1607 - County extension work; counties may join; joint board; duties.

2-1607.
County extension work; counties may join; joint board; duties.
(1) Whenever two or more counties which have complied with the provisions of sections 2-1601 to 2-1608 desire to unite for the purpose of continuance, support, and management of extension work, they may do so. The participating county organizations shall form a joint board to direct combined extension work in the participating counties and annually select a president and a secretary. The joint board shall each year establish a combined annual budget for such extension work, and each participating county shall pay its proportionate share of expenses under each combined annual budget as such share of expenses shall be determined by the joint board, except that the share of annual expenses to be paid by a participating county shall not exceed the maximum annual extension budget authorized for it under section 2-1604. The participating counties shall be recognized as but one organization for state and federal aid.
(2) The president and secretary of the joint board shall on or before January 1 of each year file with the county clerk of each participating county (a) a report of the combined extension work of the participating counties for the preceding year, (b) a sworn statement of itemized expenditures under sections 2-1601 to 2-1608 during the preceding year, and (c) the extension budget for each participating county which shall be the amount to be set aside in the general fund of each participating county to pay its proportionate share of the expenses of the combined extension work during the ensuing year.
Source
Laws 1939, c. 1, § 7, p. 56;
C.S.Supp.,1941, § 2-2007;
R.S.1943, § 2-1607;
Laws 1992, LB 672, § 5.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-1608 - Joint county extension organizations; employees; retirement system; organizations; duties.

2-1608.
Joint county extension organizations; employees; retirement system; organizations; duties.
Whenever two or more county extension organizations have united as provided in section 2-1607 for the purpose of support and management of extension work, county extension employees jointly employed by the participating extension organizations shall be considered persons employed by a county for the purpose of subdivision (10) of section 23-2301 and shall participate in the Retirement System for Nebraska Counties under the County Employees Retirement Act. To accomplish such participation, the participating county extension organizations shall (1) pick up employee contributions as salary deductions on behalf of such county extension employees in the manner required for a county in section 23-2307 and (2) pay to the Public Employees Retirement Board or an entity designated by the board an amount in accordance with the provisions of section 23-2308. In all other respects the participation of such county extension employees in the retirement system shall be in accordance with the act.
Source
Laws 1992, LB 672, § 6;
Laws 1996, LB 847, § 1;
Laws 1998, LB 1191, § 1;
Laws 2002, LB 687, § 2;
Laws 2003, LB 451, § 1;
Laws 2006, LB 366, § 1.
Cross References
County Employees Retirement Act, see section 23-2331.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-1802 - Division of Potato Development; established.

2-1802.
Division of Potato Development; established.
There is hereby established a Division of Potato Development in the Department of Agriculture. The Director of Agriculture shall appoint the division head and any assistants as may be necessary to carry out the provisions of the Nebraska Potato Development Act.
Source
Laws 1945, c. 4, § 2, p. 70;
Laws 1991, LB 358, § 1.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-1803 - Nebraska Potato Development Committee; membership; appointment; term; powers; expenses.

2-1803.
Nebraska Potato Development Committee; membership; appointment; term; powers; expenses.
With the exception of the ex officio member, the Governor shall appoint an advisory committee to be known as the Nebraska Potato Development Committee. The committee shall be composed of three shippers and four growers from the industry and the vice chancellor of the University of Nebraska Institute of Agriculture and Natural Resources who shall be an ex officio member. The Director of Agriculture shall be the chairperson. The committee shall adopt and provide rules and regulations for the conduct of the affairs of the Division of Potato Development and advise the director regarding the appointment of the division head and any assistants as may be appointed. The members of the committee shall serve without pay but shall receive expenses incurred while on official business as provided in sections 81-1174 to 81-1177. As the terms of office of such appointees expire, successors shall be appointed by the Governor for a period of two years and until their successors are appointed and qualified.
Source
Laws 1945, c. 4, § 3, p. 70;
Laws 1947, c. 4, § 1, p. 60;
Laws 1981, LB 204, § 7;
Laws 1991, LB 358, § 2;
Laws 2020, LB381, § 3.
Cross References
Nebraska Potato Council, see section 2-2811.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-1804 - Statement of policy; department; powers and duties.

2-1804.
Statement of policy; department; powers and duties.
It is hereby declared to be the public policy of the State of Nebraska to protect and foster the health, prosperity, and general welfare of its people by conserving, developing, and promoting the state's potato industry. The Department of Agriculture shall be the agency of the State of Nebraska for such purpose. In connection therewith and in furtherance thereof, such department shall have the power, among other things, to: (1) Adopt and devise a program of education to promote better practices and methods in the production, storage, grading, and transportation of potatoes grown within the state; (2) disseminate information to landowners and to producers and shippers of potatoes that will enable them to increase the yield and improve the quality of potatoes; (3) undertake, at such times and in such manner as the department shall determine, an active advertising campaign to acquaint the general public with the high quality and the desirability of the use of potatoes grown in the State of Nebraska; (4) encourage and foster research designed to determine new and better methods of improving the yield and quality of Nebraska potatoes and of converting potatoes to various commercial and industrial uses; (5) enter into such contracts as may be necessary in carrying out the purposes of the Nebraska Potato Development Act and the Nebraska Potato Inspection Act; (6) pay inspection and grading fees prescribed by the Nebraska Potato Inspection Act; and (7) conduct, in addition to the things enumerated, any other work for the improvement of Nebraska potatoes.
Source
Laws 1945, c. 4, § 4, p. 70;
Laws 1969, c. 20, § 1, p. 185;
Laws 1987, LB 20, § 1.
Cross References
Nebraska Potato Inspection Act, see section 2-1813.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-1805 - Potato shipper; license required.

2-1805.
Potato shipper; license required.
After sections 2-1801 to 2-1811 shall have been in effect thirty days, it shall be unlawful for any person to act as or conduct the business of a potato shipper without having obtained and being the holder of a license from the Department of Agriculture as hereinafter provided.
Source
Laws 1945, c. 4, § 5, p. 71.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-1806 - Potato shipper; license; application; issuance; display; records; cancellation and annulment of license; grounds; violations; penalty.

2-1806.
Potato shipper; license; application; issuance; display; records; cancellation and annulment of license; grounds; violations; penalty.
Every person desiring to engage in business as a potato shipper shall file with the Department of Agriculture an application for a license in such form and detail as the department may prescribe. If it is found that there has been compliance with the provisions of sections 2-1801 to 2-1811 and the rules and regulations of the department issued in conformance therewith, a license shall forthwith be issued to the applicant. Every person who engages in business as a potato shipper without having a license shall be guilty of a Class IV misdemeanor. Each licensed potato shipper shall display conspicuously in his place of business the license granted to him. Should the licensed potato shipper change his place of business he shall immediately notify the department. Each licensed potato shipper shall keep such records with respect to shipments of potatoes by him as the department may by regulation require. Such records shall be preserved for a period of not less than two years and be, at all times during business hours, subject to inspection by authorized agents of the department. In the event that a licensed potato shipper shall violate any of the provisions of sections 2-1801 to 2-1811 or the regulations of the department issued in conformance therewith, the department may, upon due notice and after full hearing, cancel and annul his license.
Source
Laws 1945, c. 4, § 6, p. 71;
Laws 1947, c. 4, § 2, p. 60;
Laws 1951, c. 9, § 1, p. 79;
Laws 1977, LB 40, § 16.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-1808 - Nebraska Potato Development Fund; creation; disbursement; investment.

2-1808.
Nebraska Potato Development Fund; creation; disbursement; investment.
The State Treasurer is hereby directed to establish and set up in the treasury of the State of Nebraska a fund to be known as the Nebraska Potato Development Fund, to which fund shall be credited, for the uses and purposes of the Nebraska Potato Development Act and its enforcement, all taxes and fees collected by the Department of Agriculture. After appropriation, the Director of Administrative Services, upon receipt of proper vouchers approved by the director of the department, shall issue his or her warrants on such funds and the State Treasurer shall pay the same out of the money credited to the fund. 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 1945, c. 4, § 8, p. 72;
Laws 1969, c. 584, § 29, p. 2359;
Laws 1995, LB 7, § 10;
Laws 2016, LB909, § 2.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-1809 - Department; rules and regulations; duties; criminal actions.

2-1809.
Department; rules and regulations; duties; criminal actions.
The Department of Agriculture shall have authority to promulgate such rules and regulations as are necessary to promptly and effectively enforce the provisions of sections 2-1801 to 2-1811. The department may call upon the Attorney General of Nebraska for legal assistance. All criminal actions for the violation of any provisions of sections 2-1801 to 2-1811 shall be prosecuted by the Attorney General. It shall be the duty of the department to immediately report to the Attorney General any information coming into its possession concerning any violation of sections 2-1801 to 2-1811 or the failure or refusal of any person to comply therewith.
Source
Laws 1945, c. 4, § 9, p. 73.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-1810 - Terms, defined.

2-1810.
Terms, defined.
As used in the Nebraska Potato Development Act:
(1) Person shall mean and include any natural person, firm, partnership, limited liability company, association, or corporation;
(2) Potato shipper shall mean and include any person engaged in the business of shipping potatoes who, in any calendar year, sells one hundred eighty thousand pounds of potatoes grown in Nebraska, including potato growers who sell one hundred eighty thousand pounds of potatoes not through licensed shippers and any person who utilizes for any purpose in any calendar year one hundred eighty thousand pounds of potatoes grown in Nebraska not purchased from licensed shippers;
(3) Potato grower shall mean the actual grower within the State of Nebraska of at least three acres of potatoes during the crop year; and
(4) Department shall mean the Department of Agriculture.
Source
Laws 1945, c. 4, § 10, p. 73;
Laws 1947, c. 4, § 4, p. 62;
Laws 1969, c. 20, § 3, p. 186;
Laws 1987, LB 20, § 2;
Laws 1993, LB 121, § 63.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-1811 - Violation; penalty.

2-1811.
Violation; penalty.
Any person violating any of the provisions of sections 2-1801 to 2-1811 shall be guilty of a Class II misdemeanor.
Source
Laws 1945, c. 4, § 11, p. 73;
Laws 1977, LB 40, § 18.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-1812 - Applicability of sections.

2-1812.
Applicability of sections.
Section 2-1807 and subdivision (2) of section 2-1810 shall not apply to the shipping or utilizing of seed potatoes grown in Nebraska and planted in the state by the grower or shipper.
Source
Laws 1969, c. 20, § 4, p. 187.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-1814 - Terms, defined.

2-1814.
Terms, defined.
As used in sections 2-1813 to 2-1825, unless the context otherwise requires:
(1) Department shall mean the Department of Agriculture;
(2) Director shall mean the Director of Agriculture;
(3) Nebraska Potato Development Committee shall mean the advisory committee established by section 2-1803;
(4) Commercial potato growing area shall mean a geographic area in which potatoes are produced and offered for sale in commercial quantities;
(5) Commercial shipment shall mean any potatoes shipped in commerce or processed and destined for human consumption, and noncertified seed potatoes shipped out of the state;
(6) Commercial potato acreage shall mean a potato field of three acres or more; and
(7) Preceding crop year shall mean the last calendar year for which official acreage statistics have been compiled by the state-federal division of agricultural statistics.
Source
Laws 1969, c. 20, § 6, p. 187.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-1815 - Seed potatoes; when exempt from act.

2-1815.
Seed potatoes; when exempt from act.
The provisions of sections 2-1813 to 2-1825 shall not include seed potatoes officially designated by law as Nebraska Certified.
Source
Laws 1969, c. 20, § 7, p. 188.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-1816 - Inspection fee; estimate, how obtained; compulsory potato inspection; establishment; termination.

2-1816.
Inspection fee; estimate, how obtained; compulsory potato inspection; establishment; termination.
Any person, for the purpose of obtaining information relative to the cost of potato inspection and grading services for a designated area, may request in writing that an estimate be prepared by the director of the costs of such a service. The director may consult with the Nebraska Potato Development Committee to establish an estimated inspection fee based upon the inspector's salary, mileage and other travel expenses, cost of inspection certificates, and other necessary expenses to cover the inspection service and the administration thereof.
To establish compulsory inspection of commercial shipments of potatoes in a designated area, a petition, signed by potato growers representing fifty-one percent or more of the commercial potato acreage of the last preceding crop year, with an estimate of inspection costs attached, may be presented to the director requesting that all commercial shipments of potatoes originating in the designated area be officially inspected and graded by the department at the point of origin or at locations approved by the director. The director shall fix a time and place for hearing on the petition and shall publish notice thereof in a newspaper having general circulation in the area designated in the petition for three consecutive weeks. At the time and place established by such notice, the director or his or her designate shall hold a public hearing upon the petition at which time evidence will be taken in support of or in opposition to the petition. If the evidence reveals that potato growers representing fifty-one percent or more of the commercial potato acreage of the last preceding crop year are in favor of the compulsory program set forth in the petition request, the director shall enter an order establishing compulsory inspection of commercial shipments of potatoes in the area designated in the petition. A petition to terminate compulsory inspection, signed by potato growers representing fifty-one percent or more of the commercial potato acreage of the last preceding crop year, may be filed with the director at any time and such petition shall be set for public hearing in the manner aforesaid. If the director finds from the evidence submitted at such hearing to terminate inspection services that the petition to terminate represents fifty-one percent or more of the commercial potato acreage of the last preceding crop year, he or she shall enter an order declaring that compulsory potato inspection is terminated. In order to determine the commercial potato acreage of the last preceding crop year, the director shall use the tabulated crop acreage reports of the county assessors, compiled by the state-federal division of agricultural statistics.
Source
Laws 1969, c. 20, § 8, p. 188;
Laws 1994, LB 884, § 4.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-1817 - Petition; contents; prima facie evidence.

2-1817.
Petition; contents; prima facie evidence.
A petition filed pursuant to section 2-1816 shall be prima facie evidence that (1) it has been properly circulated, (2) the signatures thereon are genuine, (3) the signatures thereon reflect the correct representation of the number of acres specified, (4) the land described therein was devoted to potato production in the last preceding crop year, (5) such petition represents fifty-one percent or more of the commercial acreage in the area designated therein, and (6) each and every other allegation contained therein is true. Any fact contained therein may be rebutted at the hearing before the director.
Source
Laws 1969, c. 20, § 9, p. 189.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-1818 - Potato inspection; director; powers.

2-1818.
Potato inspection; director; powers.
The director is empowered to make all arrangements to implement the inspection service or terminate existing inspection service following entry of an order establishing or terminating such services and to this extent he is authorized to appoint persons or designate agents as may be necessary to carry out the duties of the department and to expend such funds as are necessary to accomplish the purposes of sections 2-1813 to 2-1825. The director may require that all persons assigned to inspection and grading duties possess a federal potato inspector's license.
Source
Laws 1969, c. 20, § 10, p. 189.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-1819 - Director; rules and regulations; cooperate; agreements.

2-1819.
Director; rules and regulations; cooperate; agreements.
The director may promulgate rules and regulations necessary to carry out the provisions, purposes, and intent of sections 2-1813 to 2-1825; and is authorized to cooperate with the United States Department of Agriculture, the University of Nebraska Institute of Agriculture and Natural Resources, and other public or private agencies or groups and to enter into agreements with the same in carrying out the provisions of sections 2-1813 to 2-1825.
Source
Laws 1969, c. 20, § 11, p. 190.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-1820 - Director; provide for inspection and grading services; expense.

2-1820.
Director; provide for inspection and grading services; expense.
The director may, upon written request of any potato grower, provide for inspection and grading services for commercial shipments of potatoes in areas where compulsory inspection and grading are not in force. In all such cases, the inspection and grading service shall be at the expense of the potato grower requesting the same and shall be determined in the manner prescribed in section 2-1816.
Source
Laws 1969, c. 20, § 12, p. 190.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-1821 - Inspection; certificate; grades used.

2-1821.
Inspection; certificate; grades used.
An official certificate evidencing official inspection and designating the grade of potatoes inspected shall be issued by the appointed inspector or agent of the director to the person or persons for whom the inspection and grading service was completed. All inspections shall be made on the basis of the official grades established from time to time by the United States Department of Agriculture and such additional grades as may be duly adopted by the director;
Provided,
that when United States grades are used, they shall conform in all respects to the requirements and standards prescribed by the United States Department of Agriculture.
Source
Laws 1969, c. 20, § 13, p. 190.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-1822 - Inspection; grade; appeal; procedure.

2-1822.
Inspection; grade; appeal; procedure.
Any person having a direct financial interest, who is dissatisfied with the grade established by inspection under the Nebraska Potato Inspection Act, may appeal to the director in writing for reinspection. Such appeal shall be made within ten days after inspection and before shipment of the inspected potatoes. Upon receipt of such appeal, the director shall cause a reinspection to be completed to determine the grade in dispute, and upon completion of the reinspection, he or she shall make known his or her findings to all persons having a direct financial interest. All parties shall be bound by the findings following the reinspection. In the event that the reinspection does not determine a new or different grade, all costs of the reinspection shall be paid to the director by the person requesting reinspection. Any official inspection certificate issued as the result of a reinspection shall supersede the original official certificate. The findings may be appealed, and the appeal shall be in accordance with the Administrative Procedure Act.
Source
Laws 1969, c. 20, § 14, p. 190;
Laws 1988, LB 352, § 3.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-1823 - Compulsory inspection and grading; special permits; application; issuance.

2-1823.
Compulsory inspection and grading; special permits; application; issuance.
In any area designated for compulsory inspection and grading by order of the director pursuant to the provisions of sections 2-1813 to 2-1825, special permits may be issued authorizing shipment of uninspected potatoes when an official inspection cannot be made. Application to the director for special permits authorizing shipment must establish an emergency in which delay may cause substantial financial injury to the applicant.
Source
Laws 1969, c. 20, § 15, p. 191.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-1824 - Department; official inspection and grade legend; adopt.

2-1824.
Department; official inspection and grade legend; adopt.
The department may adopt an official Nebraska inspection and grade legend, assign official inspection numbers to persons or establishments under inspection and require that such numbers be exclusive to them, and otherwise control the use of the official Nebraska legend. United States grade designations and authorized legends in connection therewith shall be used in accordance with the requirements of the United States Department of Agriculture.
Source
Laws 1969, c. 20, § 16, p. 191.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-1825 - Violations; penalties.

2-1825.
Violations; penalties.
(1) Any person, firm, corporation, limited liability company, association, or officer or member thereof who (a) destroys or alters any official certificate, (b) ships or attempts to ship any potatoes out of any designated area where compulsory inspection is maintained without first obtaining a special permit or without first complying with section 2-1816, or (c) violates any other provision of the Nebraska Potato Inspection Act or the rules and regulations promulgated thereunder for which no specific penalty is provided shall be guilty of a Class III misdemeanor.
(2) Any inspector or agent of the director who fails to remit to the department all fees collected in his or her official capacity shall be guilty of a Class III misdemeanor.
(3) Any person, firm, corporation, limited liability company, association, or officer or member thereof who forges or counterfeits any official inspection legend or official certificate adopted by the director for use under the Nebraska Potato Inspection Act or who, not being an inspector or appointed agent of the director, attaches any certificate of inspection whether or not forged or counterfeited to any commercial shipment of potatoes shall be guilty of a Class IV felony.
Source
Laws 1969, c. 20, § 17, p. 191;
Laws 1977, LB 40, § 19;
Laws 1987, LB 20, § 3;
Laws 1994, LB 884, § 5.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-1826 - Acts; how designated.

2-1826.
Acts; how designated.
The Nebraska Potato Development Act and the Nebraska Potato Inspection Act shall become one act in two parts with the Nebraska Potato Development Act designated as Part I and the Nebraska Potato Inspection Act designated as Part II thereof and the Revisor of Statutes shall make appropriate changes in the statutes necessitated by such redesignation.
Source
Laws 1969, c. 20, § 18, p. 192;
Laws 1987, LB 20, § 4.
Cross References
Nebraska Potato Development Act, see section 2-1801.
Nebraska Potato Inspection Act, see section 2-1813.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-2001 - Formation; name; title.

2-2001.
Formation; name; title.
Any agricultural association formed for the purpose of developing and improving some form of agriculture in this state which files with the Secretary of State a copy of its constitution and bylaws, shall be declared a corporation under the name and title designated in such constitution.
Source
Laws 1949, c. 2, § 1, p. 57.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-2002 - Annual statement; contents; filing.

2-2002.
Annual statement; contents; filing.
Each of such associations shall file with the Secretary of State prior to February 1 of each year an annual statement for the previous calendar year. The statement shall contain (1) a list of its members, (2) names and addresses of its officers, and (3) an itemization of its receipts and disbursements.
Source
Laws 1949, c. 2, § 2, p. 57.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-2003 - Annual report; failure to file; effect.

2-2003.
Annual report; failure to file; effect.
Any association formed as provided by section 2-2001 failing to file the annual statement as provided in section 2-2002 shall cease to exist as such.
Source
Laws 1949, c. 2, § 3, p. 58.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-2101 - Nebraska Rural Rehabilitation Corporation; dissolved; acceptance of federal law.

2-2101.
Nebraska Rural Rehabilitation Corporation; dissolved; acceptance of federal law.
The State of Nebraska hereby accepts the provisions of Public Law 499, enacted by the Eighty-first Congress of the United States, and entitled An Act to provide for the liquidation of the trusts under the transfer agreements with the state rural rehabilitation corporations, and for other purposes. In connection with such acceptance, the State of Nebraska finds and declares that the Nebraska Rural Rehabilitation Corporation has been dissolved.
Source
Laws 1951, c. 4, § 1, p. 64.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-2102 - Director of Agriculture; agent.

2-2102.
Director of Agriculture; agent.
The State of Nebraska hereby designates the Director of Agriculture as the sole agent to represent the State of Nebraska in the administration of any funds made available under the provisions of the federal act specified in section 2-2101.
Source
Laws 1951, c. 4, § 2, p. 65.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-2103 - Director; authority.

2-2103.
Director; authority.
The Director of Agriculture, on behalf of the State of Nebraska, is authorized to enter into an agreement with the Secretary of Agriculture of the United States, upon such terms and conditions and for such periods of time as may be mutually agreeable, to accept, administer, expend, and use in the State of Nebraska all or any part of the trust assets or any other funds made available under the provisions of the federal act specified in section 2-2101.
Source
Laws 1951, c. 4, § 3, p. 65.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-2104 - Director; powers; agreements authorized.

2-2104.
Director; powers; agreements authorized.
The Director of Agriculture, on behalf of the State of Nebraska, is specifically authorized to agree that:
(1) The State of Nebraska and the Director of Agriculture as its agent will abide by the determinations and apportionments of the Secretary of Agriculture of the United States provided for in the federal act specified in section 2-2101 and the payments made by the Secretary of Agriculture pursuant thereto;
(2) The returned assets of the Nebraska Rural Rehabilitation Corporation and the income therefrom will be used only for such of the rural rehabilitation purposes permissible under the charter of the Nebraska Rural Rehabilitation Corporation as may from time to time be agreed upon by the Director of Agriculture of Nebraska and the Secretary of Agriculture of the United States; and
(3) The Nebraska Rural Rehabilitation Corporation funds may be distributed to public colleges, universities, or vocational or technical schools exclusively owned and controlled by the State of Nebraska or a governmental subdivision thereof. The agreement may provide for the qualifications of recipients to be benefited by the funds and for the method of their selection, but nothing in this section shall be construed to limit the director from agreeing to any other reasonable provisions in such agreement. Administrative costs for the distribution of these funds shall not exceed five percent of the book value of the entire fund and the administrative costs may include clerical and administrative services.
The Director of Agriculture is further authorized and empowered, upon behalf of the State of Nebraska, to make such provisions as may be necessary to hold the United States and its Secretary of Agriculture free from liability by virtue of the transfer of the assets and income therefrom to him or her under sections 2-2101 to 2-2107.
Source
Laws 1951, c. 4, § 4, p. 65;
Laws 1965, c. 15, § 1, p. 146;
Laws 1972, LB 1036, § 1;
Laws 1980, LB 633, § 1.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-2105 - Director; agreements with federal government; execute.

2-2105.
Director; agreements with federal government; execute.
The Director of Agriculture is further authorized to enter into an agreement or agreements with the Secretary of Agriculture of the United States to use the assets and funds received under sections 2-2101 to 2-2107 to carry out the provisions of the Bankhead-Jones Farm Tenant Act, enacted by the Congress of the United States, and in accordance with the applicable provisions thereof.
Source
Laws 1951, c. 4, § 5, p. 66.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-2106 - Director; reports.

2-2106.
Director; reports.
The Director of Agriculture shall make reports to the Secretary of Agriculture of the United States, in such form, and containing such information, as the secretary may from time to time reasonably require. The Secretary of Agriculture of the United States, upon request, shall be given access to the records upon which such information is based.
Source
Laws 1951, c. 4, § 6, p. 66.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-2107 - Director; notice of acceptance.

2-2107.
Director; notice of acceptance.
The State of Nebraska shall transmit, through the Director of Agriculture, to the Secretary of Agriculture of the United States notice of acceptance of the provisions of the federal act specified in section 2-2101, and accompany such acceptance with a certified copy of sections 2-2101 to 2-2107.
Source
Laws 1951, c. 4, § 7, p. 66.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-2301 - Act, how cited.

2-2301.
Act, how cited.
Sections 2-2301 to 2-2321 shall be known and may be cited as the Nebraska Wheat Resources Act.
Source
Laws 1955, c. 5, § 1, p. 59;
Laws 2012, LB905, § 1.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-2302 - Nebraska Wheat Development, Utilization, and Marketing Board; created; members.

2-2302.
Nebraska Wheat Development, Utilization, and Marketing Board; created; members.
There is hereby established the Nebraska Wheat Development, Utilization, and Marketing Board. Members shall be appointed by the Governor to the board pursuant to section 2-2305.
Source
Laws 1955, c. 5, § 2, p. 59;
Laws 1981, LB 11, § 21;
Laws 2012, LB905, § 2.