# Nebraska LB245: Change provisions of the Nebraska Pure Food Act and the Weights and Measures Act

Nebraska LB245, Change provisions of the Nebraska Pure Food Act and the Weights and Measures Act, is a 109th Legislature 1st and 2nd Sessions legislature bill sponsored by Barry DeKay; status signed, last action 2025-06-06 (Provisions/portions of LB394 amended into LB245 by AM501) (as of 2026-10-19).

- Canonical: https://policyrisk.com/state-bill/NE-LB245-109
- As of: 2026-10-19
- Plain-text twin of the page above; the HTML and this file carry the same facts.

## Facts
- Bill: Nebraska LB245
- State: Nebraska
- Session: 109th Legislature 1st and 2nd Sessions
- Title: Change provisions of the Nebraska Pure Food Act and the Weights and Measures Act
- Status: signed
- Chamber: legislature
- Introduced: 2025-01-14
- Last action: 2025-06-06, Provisions/portions of LB394 amended into LB245 by AM501
- Sponsor: Barry DeKay
- Cosponsors: 0
- Subjects: Agriculture Committee
- Touches household money: no
- Roll calls: 8 (223 yes, 71 no in all)
- Economic provisions PRIA read: 8

## Summary

No summary available.

## Bill overview: provisions PRIA read

- Who counts as a food establishment: benefit, low. 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.
- Higher annual fees for scales and pumps: mixed, medium. 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 p…
- Higher food permit fees and penalties: mixed, medium. 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 perm…
- More vendors and groups are exempt: mixed, medium. 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 e…
- 2022 Food Code and CGMPs now apply: mixed, medium. 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 ope…
- New weighing and labeling standards in 2025: mixed, medium. 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 devi…
- New posting and shared‑sale rules: mixed, low. 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,…
- Law takes effect immediately; cleanup: mixed, low. 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 and cosponsors

- Sponsor: Barry DeKay, Senate

## Roll call votes

| Date | Chamber | Motion | Result | Yes | No | Other |
| --- | --- | --- | --- | --- | --- | --- |
| 2025-04-25 | legislature | Final Reading | pass | 38 | 7 |   |
| 2025-04-09 | legislature | Vote | fail | 31 | 0 | 18 |
| 2025-03-14 | legislature | Vote | fail | 1 | 32 | 16 |
| 2025-03-14 | legislature | Vote | fail | 43 | 0 | 6 |
| 2025-03-14 | legislature | Vote | fail | 39 | 0 | 10 |
|   | legislature | Vote | fail | 1 | 32 | 16 |
|   | legislature | Vote | fail | 39 | 0 | 10 |
|   | legislature | Vote | fail | 31 | 0 | 18 |

## Actions (29)

- 2025-06-06: Provisions/portions of LB394 amended into LB245 by AM501 (legislature)
- 2025-04-29: Approved by Governor on April 29, 2025 (legislature)
- 2025-04-25: Presented to Governor on April 25, 2025 (legislature)
- 2025-04-25: President/Speaker signed (legislature)
- 2025-04-25: Passed on Final Reading with Emergency Clause 38-7*-4 (legislature)
- 2025-04-25: Dispensing of reading at large approved (legislature)
- 2025-04-14: Placed on Final Reading (legislature)
- 2025-04-09: Advanced to Enrollment and Review for Engrossment (legislature)
- 2025-04-09: DeKay AM759 adopted (legislature)
- 2025-04-09: Enrollment and Review ER28 adopted (legislature)
- 2025-03-25: DeKay AM759 filed (legislature)
- 2025-03-25: Enrollment and Review ER28 filed (legislature)
- 2025-03-25: Placed on Select File with ER28 (legislature)
- 2025-03-14: Advanced to Enrollment and Review Initial (legislature)
- 2025-03-14: Agriculture AM501 adopted (legislature)
- 2025-03-14: Cavanaugh, M. MO66 withdrawn (legislature)
- 2025-03-14: Cavanaugh, M. MO71 withdrawn (legislature)
- 2025-03-14: Cavanaugh, M. MO72 failed (legislature)
- 2025-03-13: Cavanaugh, M. MO71 Recommit to the Agriculture Committee filed (legislature)
- 2025-03-13: Cavanaugh, M. MO66 Indefinitely postpone pursuant to Rule 6, Sec. 3(f) filed (legislature)
- 2025-03-13: Cavanaugh, M. MO72 pending (legislature)
- 2025-03-13: Cavanaugh, M. MO72 Bracket until March 19, 2025 filed (legislature)
- 2025-03-13: Agriculture AM501 pending (legislature)
- 2025-03-10: Agriculture AM501 filed (legislature)
- 2025-03-10: Placed on General File with AM501 (legislature)
- 2025-03-10: Agriculture priority bill (legislature)
- 2025-01-24: Notice of hearing for February 04, 2025 (legislature)
- 2025-01-16: Referred to Agriculture Committee (legislature)
- 2025-01-14: Date of introduction (legislature)

## Bill text

- Introduced, 2025-01-14: [PDF](https://nebraskalegislature.gov/FloorDocs/109/PDF/Intro/LB245.pdf)
- Enrolled / Slip Law: [PDF](https://nebraskalegislature.gov/FloorDocs/109/PDF/Slip/LB245.pdf)
- Final / Enacted: [PDF](https://nebraskalegislature.gov/FloorDocs/109/PDF/Final/LB245.pdf)

## Related bills

- LB468: Change provisions relating to inheritance taxes, change certain fee and tax provisions, and eliminate a sales tax exemption relating to data centers (failed)
- LB13: Require the Department of Health and Human Services to file a state plan amendment relating to child care (failed)
- LB677: Change provisions of the Nebraska Medical Cannabis Regulation Act and provide for regulation of medical cannabis (failed)
- LB646: Provide an exemption from brand inspections and change fees under the Livestock Brand Act (failed)
- LB170: Eliminate the sales tax exemptions for candy and soft drinks (failed)
- LB714: Change provisions relating to motor vehicle taxes and fees (failed)

## Sources
- [Introduced (PDF)](https://nebraskalegislature.gov/FloorDocs/109/PDF/Intro/LB245.pdf)
- [Enrolled / Slip Law (PDF)](https://nebraskalegislature.gov/FloorDocs/109/PDF/Slip/LB245.pdf)
- [Final / Enacted (PDF)](https://nebraskalegislature.gov/FloorDocs/109/PDF/Final/LB245.pdf)

## Related
- [LB468: Change provisions relating to inheritance taxes, change certain fee and tax pro…](https://policyrisk.com/state-bill/NE-LB468-109)
- [LB13: Require the Department of Health and Human Services to file a state plan amendm…](https://policyrisk.com/state-bill/NE-LB13-109)
- [LB677: Change provisions of the Nebraska Medical Cannabis Regulation Act and provide f…](https://policyrisk.com/state-bill/NE-LB677-109)
- [LB646: Provide an exemption from brand inspections and change fees under the Livestock…](https://policyrisk.com/state-bill/NE-LB646-109)
- [LB170: Eliminate the sales tax exemptions for candy and soft drinks](https://policyrisk.com/state-bill/NE-LB170-109)
- [LB714: Change provisions relating to motor vehicle taxes and fees](https://policyrisk.com/state-bill/NE-LB714-109)
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Source: PRIA, https://policyrisk.com/state-bill/NE-LB245-109 (as of 2026-10-19).