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NebraskaLB245109th Legislature 1st and 2nd Sessionslegislature

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

8 provisions identified: 1 benefits, 0 costs, 7 mixed.

Higher annual fees for scales and pumps

Owners must register each commercial weighing or measuring device by August 1 each year. Pay a $4 per‑device registration fee plus the per‑device inspection fee the director sets by July 1 (examples: small scales about $20, large scales up to about $192, gas pumps $14 per element, CNG $202). Late payments add 50% of annual fees for each month late, capped at 100%, and the permit is void after 90 days. The one‑time $5 application fee is removed. You also no longer have to return the physical permit after a permanent closure.

Higher food permit fees and penalties

The department updates maximum permit and annual fees, including $122 for many food establishments and $171 for food processing plants and salvage operations; some unit fees are $61. If you pay a permit fee late, you owe 50% extra for the first month and 100% for the second; after 90 days, the permit is invalid. The director sets fees each year and uses revenue and cash‑balance limits (revenue not over 107% of appropriations; cash balance not over 17%); fee changes are spread equally across categories.

More vendors and groups are exempt

Single‑event food vendors can now operate up to four days at one event each year and are exempt from permits and fees. Religious, charitable, or fraternal groups running temporary units, mobile units, or pushcarts are also exempt. Small egg producers are exempt if they sell only their own eggs or eggs from no more than four producers at once. Food businesses with Nebraska Milk Act permits are exempt from these permit and annual fees. Schools, health care, nursing homes, and government kitchens are exempt; if they hire an outside food service provider, that provider must pay the fees.

2022 Food Code and CGMPs now apply

Nebraska adopts the FDA 2022 Food Code as the state food rules. The Food Code, not statute, now decides which items are priority or priority foundation; annexes are not adopted. The law adopts federal CGMPs in 21 CFR 117.4 and 117.10–117.110 (as of April 1, 2024) for food processors and salvage operations. Older facilities used before Sept. 13, 1997 may keep operating if they meet temperature, repair, and safe‑material rules, but must fully upgrade after a sale or major remodel.

New weighing and labeling standards in 2025

Nebraska adopts NIST Handbooks 44, 130, and 133 as of January 1, 2025. These set rules for device accuracy, how items are sold by weight or measure, and how packages are labeled and checked. The state does not adopt the listed parts of Section 3.31 and Section 2.20. Businesses that make or use devices and inspectors must follow these standards.

Who counts as a food establishment

Delivery alone no longer makes a business a “food establishment.” Pharmacies and similar facilities are excluded if they only sell non–time/temperature‑control medicine or supplement foods and listed items. This narrows who needs a food permit.

New posting and shared‑sale rules

If you have a food permit, you may sell food you prepared at another permitholder’s site without getting a new permit there; both parties are responsible for compliance. You must post permits where you prepare or sell food; mobile units and pushcarts must carry a copy. Permits are not transferable, 30 days’ written notice is required before ownership, name, or address changes, and the department may serve notices at your last‑known address or at the permitted location.

Law takes effect immediately; cleanup

The act is an emergency measure and takes effect upon passage and approval. It repeals prior listed sections that are replaced by this law.

Sponsors & Cosponsors

Sponsor

  • Barry DeKay

    Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 223 • No: 71

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: 43 • No: 0 • Other: 6

legislature vote • 3/14/2025

Vote

Yes: 39 • No: 0 • Other: 10

legislature vote • Unknown

Vote

Yes: 1 • No: 32 • Other: 16

legislature vote • Unknown

Vote

Yes: 39 • No: 0 • Other: 10

legislature vote • Unknown

Vote

Yes: 31 • No: 0 • Other: 18

Actions Timeline

  1. Provisions/portions of LB394 amended into LB245 by AM501

    6/6/2025legislature

  2. Approved by Governor on April 29, 2025

    4/29/2025legislature

  3. Presented to Governor on April 25, 2025

    4/25/2025legislature

  4. President/Speaker signed

    4/25/2025legislature

  5. Passed on Final Reading with Emergency Clause 38-7*-4

    4/25/2025legislature

  6. Dispensing of reading at large approved

    4/25/2025legislature

  7. Placed on Final Reading

    4/14/2025legislature

  8. Advanced to Enrollment and Review for Engrossment

    4/9/2025legislature

  9. DeKay AM759 adopted

    4/9/2025legislature

  10. Enrollment and Review ER28 adopted

    4/9/2025legislature

  11. DeKay AM759 filed

    3/25/2025legislature

  12. Enrollment and Review ER28 filed

    3/25/2025legislature

  13. Placed on Select File with ER28

    3/25/2025legislature

  14. Advanced to Enrollment and Review Initial

    3/14/2025legislature

  15. Agriculture AM501 adopted

    3/14/2025legislature

  16. Cavanaugh, M. MO66 withdrawn

    3/14/2025legislature

  17. Cavanaugh, M. MO71 withdrawn

    3/14/2025legislature

  18. Cavanaugh, M. MO72 failed

    3/14/2025legislature

  19. Cavanaugh, M. MO71 Recommit to the Agriculture Committee filed

    3/13/2025legislature

  20. Cavanaugh, M. MO66 Indefinitely postpone pursuant to Rule 6, Sec. 3(f) filed

    3/13/2025legislature

  21. Cavanaugh, M. MO72 pending

    3/13/2025legislature

  22. Cavanaugh, M. MO72 Bracket until March 19, 2025 filed

    3/13/2025legislature

  23. Agriculture AM501 pending

    3/13/2025legislature

  24. Agriculture AM501 filed

    3/10/2025legislature

  25. Placed on General File with AM501

    3/10/2025legislature

Bill Text

  • Introduced

    1/14/2025

    PDF

  • Enrolled / Slip Law

    PDF

  • Final / Enacted

    PDF

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