All Roll Calls
Yes: 223 • No: 71
NebraskaLB245109th Legislature 1st and 2nd SessionslegislatureWALLET
Change provisions of the Nebraska Pure Food Act and the Weights and Measures Act
Sponsored By: Barry DeKay
Signed by Governor
Agriculture Committee
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Bill Overview
Analyzed Economic Effects
5 provisions identified: 0 benefits, 1 costs, 4 mixed.
New weights-and-measures rules and fees
Nebraska adopts NIST Handbooks 44, 130, and 133 as they existed on January 1, 2025. To run a weighing and measuring establishment, pay a one‑time $5 permit fee plus the full annual device registration and inspection fees, even if a device starts mid‑year. Post permits at permanent sites; post a copy on or near each device for non‑permanent sites. Permits lapse with any change in ownership, location, or business name. Tell the department in writing at least 30 days before changes, and return the permit within one week after closing. The director can register sales and repair personnel and set lab testing and calibration fees; these fees cannot be more than actual cost.
Food permits, fees, deadlines, and rights
Permits must be posted where people can see them; mobile units and pushcarts must keep a copy. Permits are not transferable and lapse with changes in ownership or location. Tell the department in writing at least 30 days before changes, and return the permit within one week after closing. If you miss a fee by more than one month, you owe a late fee equal to 50% of the fee; more than two months late, 100%. If fees are unpaid 90 days after the due date, the permit becomes invalid. The director sets permit and inspection fees by July 1 each year. Total fee revenue cannot exceed 107% of program appropriations, and the year‑end balance cannot exceed 17%. Fee changes are spread equally across fee categories. Some operators are exempt from fees, including schools, health care facilities, nursing homes, governments (not their mobile units/pushcarts), single‑event vendors, small egg‑only sellers (up to four producers), Nebraska Milk Act permit holders, and religious/charitable/fraternal temporary operations. Outside food‑service providers hired by exempt entities must still pay fees. For enforcement, notices are served in person or by certified mail; missing a hearing without asking at least two days ahead to reschedule waives it. You have 10 days to seek a new hearing for a mistake of fact.
Updated food safety code and factory rules
Nebraska uses the FDA’s 2022 Food Code, without the annexes and some definitions. The law also adopts federal current good manufacturing practice rules at 21 C.F.R. 117.4 and 117.10–117.110 as they existed on April 1, 2024. The law names “priority” and “priority foundation” items to guide inspections. This improves public health protections and updates rules that kitchens and food plants must follow.
Who needs a food permit now
The law narrows who counts as a food establishment. Examples excluded are some vending-only sellers of prepackaged non‑time/temperature control foods, produce stands selling whole uncut produce, and some home or charitable sales with posted notices. A single‑event food vendor may operate at only one event per year for no more than two days. Facilities or equipment in use or contracted before September 13, 1997 can continue if they meet temperature, sanitary, and safe‑material rules; sales or major remodels after that date must meet current rules. A permitholder may sell food they prepared at another permitholder’s location without a new permit, if they are not a food processing plant; both parties must follow the food safety law.
Old food and measurement laws repealed
The law repeals a list of older food and weights‑and‑measures statutes as part of the update and consolidation. This cleans up the code; the other sections of this law now control fees, permits, and standards.
Sponsors & Cosponsors
Sponsor
Barry DeKay
legislature
Cosponsors
There are no cosponsors for this bill.
Roll Call Votes
legislature vote • 4/24/2026
Vote
Yes: 1 • No: 32 • Other: 16
legislature vote • 4/24/2026
Vote
Yes: 31 • No: 0 • Other: 18
legislature vote • 4/24/2026
Vote
Yes: 39 • No: 0 • Other: 10
legislature vote • 4/25/2025
Final Reading
Yes: 38 • No: 7
legislature vote • 4/9/2025
Vote
Yes: 31 • No: 0 • Other: 18
legislature vote • 3/14/2025
Vote
Yes: 1 • No: 32 • Other: 16
legislature vote • 3/14/2025
Vote
Yes: 39 • No: 0 • Other: 10
legislature vote • 3/14/2025
Vote
Yes: 43 • No: 0 • Other: 6
Actions Timeline
Provisions/portions of LB394 amended into LB245 by AM501
6/6/2025legislatureApproved by Governor on April 29, 2025
5/1/2025legislatureDispensing of reading at large approved
4/25/2025legislaturePassed on Final Reading with Emergency Clause 38-7*-4
4/25/2025legislaturePresident/Speaker signed
4/25/2025legislaturePresented to Governor on April 25, 2025
4/25/2025legislaturePlaced on Final Reading
4/14/2025legislatureEnrollment and Review ER28 adopted
4/9/2025legislatureDeKay AM759 adopted
4/9/2025legislatureAdvanced to Enrollment and Review for Engrossment
4/9/2025legislaturePlaced on Select File with ER28
3/25/2025legislatureEnrollment and Review ER28 filed
3/25/2025legislatureDeKay AM759 filed
3/25/2025legislatureCavanaugh, M. MO72 failed
3/14/2025legislatureCavanaugh, M. MO71 withdrawn
3/14/2025legislatureCavanaugh, M. MO66 withdrawn
3/14/2025legislatureAgriculture AM501 adopted
3/14/2025legislatureAdvanced to Enrollment and Review Initial
3/14/2025legislatureAgriculture AM501 pending
3/13/2025legislatureCavanaugh, M. MO72 Bracket until March 19, 2025 filed
3/13/2025legislatureCavanaugh, M. MO72 pending
3/13/2025legislatureCavanaugh, M. MO66 Indefinitely postpone pursuant to Rule 6, Sec. 3(f) filed
3/13/2025legislatureCavanaugh, M. MO71 Recommit to the Agriculture Committee filed
3/13/2025legislatureAgriculture priority bill
3/10/2025legislaturePlaced on General File with AM501
3/10/2025legislature
Bill Text
Introduced
6/6/2025
Enrolled / Slip Law
Final / Enacted