Chapter 2 — AGRICULTURE
1,558 sections in this chapter.
Neb. Rev. Stat. § 2-3957 Board; powers and duties.
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The board shall: (1) Arrange or contract for administrative and audit services which are necessary for the proper operation of the Dairy Industry Development Act; (2) Procure and evaluate data and information necessary for the appropriate distribution of funds collected; (3) Dire…
Neb. Rev. Stat. § 2-3958 Mandatory assessment; board; duties.
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(1) There shall be paid to the board a mandatory assessment of ten cents per hundredweight on all milk produced in the State of Nebraska for commercial use. (2) The board may audit financial and other records of first purchasers of milk, producers, and their agents pertaining to …
Neb. Rev. Stat. § 2-3959 Assessment; payment; procedures.
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The assessment prescribed in section 2-3958 shall be paid by producers at the time of first sale or delivery of milk for commercial use and shall be collected by the first purchaser of milk except as provided in this section. The first purchaser of milk shall remit the assessment…
Neb. Rev. Stat. § 2-3960 Nebraska Dairy Industry Development Fund; created; use; investment.
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The Nebraska Dairy Industry Development Fund is hereby created. Money in the fund shall be used for the administration of the Dairy Industry Development Act, including advertising and promotion, market research, nutrition and product research and development, and nutrition and ed…
Neb. Rev. Stat. § 2-3961 Use of funds; limitations.
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The board shall not set up programs or agencies of its own but shall fund active, ongoing, qualified programs as stated in section 114 of the Dairy Production Stabilization Act of 1983, Public Law 98-180, as amended, and the regulations promulgated pursuant thereto. Funds may be …
Neb. Rev. Stat. § 2-3962 Board; report; contents.
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The board shall prepare a report on or before October 1 of each year setting forth the income received from the assessments collected in accordance with section 2-3958 for the preceding fiscal year, and the report shall include: (1) The expenditure of funds by the board during th…
Neb. Rev. Stat. § 2-3963 Violations; penalties; unpaid assessment; late payment fee.
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(1) Any person violating any of the provisions of the Dairy Industry Development Act shall be guilty of a Class III misdemeanor. (2) Any unpaid assessment shall be increased one and one-half percent each month beginning with the day following the date such assessment was due. Any…
Repealed. Laws 2004, LB 836, § 8.
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[Repealed or reserved.]
Neb. Rev. Stat. § 2-3965 Act, how cited; provisions adopted by reference; copies.
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(1) Sections 2-3965 to 2-3992 and the publications adopted by reference in subsections (2) and (3) of this section shall be known and may be cited as the Nebraska Milk Act. (2) The Legislature adopts by reference the following official documents of the National Conference on Inte…
Neb. Rev. Stat. § 2-3966 Terms, defined.
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For purposes of the Nebraska Milk Act, unless the context otherwise requires: (1) 3-A Sanitary Standards has the same meaning as in the Grade A Pasteurized Milk Ordinance; (2) Acceptable milk means milk that qualifies under sections 2-3979 to 2-3982 as to sight and odor and that …
Neb. Rev. Stat. § 2-3967 Activities regulated.
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The Nebraska Milk Act shall be used for the regulation of: (1) The production, transportation, processing, handling, sampling, examination, grading, labeling, and sale of all milk and milk products; (2) the inspection of dairy herds, dairy farms, milk plants, plants fabricating s…
Neb. Rev. Stat. § 2-3968 Grade A milk producer permit; manufacturing grade milk producer permit; label restrictions.
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(1) A milk producer shall receive a Grade A milk producer permit if the milk produced is in conformance with all requirements of the Nebraska Milk Act for Grade A milk or milk products. (2) A milk producer shall receive a manufacturing grade milk producer permit if the milk produ…
Neb. Rev. Stat. § 2-3969 Sale of milk and milk products; conditions.
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(1) Except as provided in subsections (2) and (3) of this section, only milk and milk products from approved sources with an appropriate permit issued by the department or a similar regulatory authority of another state shall be sold to the final consumer or to restaurants, soda …
Neb. Rev. Stat. § 2-3970 Act; administration and enforcement.
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The Nebraska Milk Act shall be administered and enforced by the department.
Neb. Rev. Stat. § 2-3971 Permit fees; inspection fees; other fees; rate.
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(1)(a) As a condition precedent to the issuance of a permit pursuant to the Nebraska Milk Act, the annual permit fees shall be paid to the department on or before August 1 of each year as follows: (i) Milk plant processing 100,000 or less pounds per month...$100.00; (ii) Milk pla…
Neb. Rev. Stat. § 2-3972 Adulteration or misbranding; stop-sale, stop-use, or removal order; issuance; hearing.
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Whenever a regulatory agency finds milk or milk products being manufactured, processed, transported, distributed, offered for sale, or sold, in violation of the adulteration or misbranding provisions of the Nebraska Milk Act, it shall have the authority to issue and enforce a wri…
Neb. Rev. Stat. § 2-3973 Department; rules and regulations.
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The department may adopt and promulgate reasonable rules and regulations to carry out the Nebraska Milk Act.
Neb. Rev. Stat. § 2-3974 Violation; restraining order or injunction; prohibited acts; penalty; county attorney; duties.
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(1) The department may apply for a restraining order or a temporary or permanent injunction against any person violating or threatening to violate the Nebraska Milk Act or the rules and regulations adopted and promulgated pursuant to the act in order to insure compliance with the…
Neb. Rev. Stat. § 2-3975 Director; surveys of milksheds; make and publish results.
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The director shall make and publish the results of periodic surveys of milksheds to determine the degree of compliance with the sanitary requirements for the production, processing, handling, distribution, sampling, and hauling of milk and milk products as provided in the Nebrask…
Neb. Rev. Stat. § 2-3976 Pure Milk Cash Fund; created; use; investment.
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All fees paid to the department in accordance with the Nebraska Milk Act shall be remitted to the State Treasurer for credit to the Pure Milk Cash Fund, which fund is hereby created. All money credited to the fund shall be appropriated to the uses of the department to aid in defr…
Neb. Rev. Stat. § 2-3977 Field representative; powers; field representative permit; applicant; qualifications.
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(1) Milk plants or any entity purchasing raw milk from producers holding a permit under the Nebraska Milk Act may employ, contract with, or otherwise provide for the services of a competent and qualified field representative who may: (a) Inform new producers about the requirement…
Neb. Rev. Stat. § 2-3978 Public policy.
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It is hereby recognized and declared as a matter of legislative determination that in the field of human nutrition, safe, clean, wholesome milk is indispensable to the health and welfare of the citizens of the State of Nebraska; that milk is a perishable commodity susceptible to …
Neb. Rev. Stat. § 2-3979 Classification of raw milk.
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The classification of raw milk for manufacturing purposes shall be based on sight and odor and quality control tests for somatic cells, bacterial content, sediment content, and drug residues. Classification shall be either acceptable, probational, or reject.
Neb. Rev. Stat. § 2-3980 Flavor and odor of acceptable raw milk for manufacturing purposes.
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The odor of acceptable raw milk for manufacturing purposes shall be fresh and sweet. The milk shall be free from objectionable feed and other off-odors that would adversely affect the finished product, and it shall not show any abnormal condition, including, but not limited to, c…
Neb. Rev. Stat. § 2-3981 Dairy plants, milk for manufacturing purposes, and pickup tankers; quality tests; standards.
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(1) All dairy plants using milk for manufacturing purposes shall run the quality tests set out in this section in a state-certified laboratory and report the results to the department upon request. The test methods shall be those stated in laboratory procedures. (2) Milk for manu…
Neb. Rev. Stat. § 2-3982 Classification for sediment content; sediment standards; determination; effect.
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(1) Milk for manufacturing purposes shall be classified for sediment content, regardless of the results of the appearance and odor examination described in section 2-3980, according to sediment standards as follows: (a) No. 1: Acceptable, not to exceed fifty-hundredths milligrams…
Neb. Rev. Stat. § 2-3982.01 Grade A Pasteurized Milk Ordinance requirements; facility in existence prior to July 1, 2013; other facilities; requirements applicable.
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A facility producing milk for manufacturing purposes in existence prior to July 1, 2013, which does not meet all of the requirements of the Grade A Pasteurized Milk Ordinance shall be acceptable for use only if it meets the requirements of sections 2-3983 to 2-3989. After July 1,…
Neb. Rev. Stat. § 2-3983 Milking facility requirements.
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A milking facility producing milk for manufacturing purposes of adequate size and arrangement shall be provided to permit normal sanitary milking operations. Such milking facility shall be physically separated by solid partitions or doors from other parts of the barn or building …
Neb. Rev. Stat. § 2-3984 Yard or loafing area requirements.
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The yard or loafing area of a facility producing milk for manufacturing purposes shall be of ample size to prevent overcrowding, shall be drained to prevent forming of water pools, and shall be kept clean. Manure piles shall not be accessible to the dairy animals. Swine shall not…
Neb. Rev. Stat. § 2-3985 Udders; teats of dairy animals; milk stools; antikickers; surcingles; drugs; requirements.
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All facilities producing milk for manufacturing purposes shall meet the following requirements: (1) The udders and teats of all dairy animals shall be washed or wiped immediately before milking with a clean damp cloth or paper towel moistened with a sanitizing solution and wiped …
Neb. Rev. Stat. § 2-3986 Milk in farm bulk tanks; cooled; temperature.
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Milk for manufacturing purposes in farm bulk tanks shall be cooled to forty degrees Fahrenheit or lower within two hours after milking and maintained at fifty degrees Fahrenheit or lower until transferred to the transport tank. Milk offered for sale for manufacturing purposes sha…
Neb. Rev. Stat. § 2-3987 Milkhouse or milkroom; sanitation requirements.
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A milkhouse or milkroom at a facility producing milk for manufacturing purposes shall be conveniently located and properly constructed, lighted, and ventilated for handling and cooling milk in farm bulk tanks. The milkhouse or milkroom shall meet the following requirements: (1) A…
Neb. Rev. Stat. § 2-3988 Milk utensils; sanitation requirements.
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At a facility producing milk for manufacturing purposes, utensils, milk cans, milking machines, including pipeline systems, and other equipment used in the handling of milk shall be maintained in good condition, shall be free from rust, open seams, milkstone, or any unsanitary co…
Neb. Rev. Stat. § 2-3989 Water supply requirements; testing.
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The water supply at a facility producing milk for manufacturing purposes shall be safe, clean, and ample for the cleaning of dairy utensils and equipment. The water supply shall meet the bacteriological standards established by the Department of Health and Human Services at all t…
Neb. Rev. Stat. § 2-3990 Cream for buttermaking; pasteurization.
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Cream for buttermaking shall be pasteurized at a temperature of not less than one hundred sixty-five degrees Fahrenheit and held continuously in a vat at such temperature for not less than thirty minutes, or at a temperature of not less than one hundred eighty-five degrees Fahren…
Neb. Rev. Stat. § 2-3991 Dairy products; packaging; containers; labeling.
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Dairy products shall be packaged in commercially acceptable containers or packaging material that will protect the quality of the contents in regular channels of trade. Prior to use packaging materials shall be protected against dust, mold, and other possible contamination. Comme…
Neb. Rev. Stat. § 2-3992 Director; access to facilities, books, and records; inspections authorized.
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(1) The director or his or her duly authorized agent shall have access during regular business hours to any milking facility or dairy plant for which a permit is held in which milk is used or stored for use in the manufacture, processing, packaging, or storage of milk or milk pro…
Repealed. Laws 2017, LB2, § 3.
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[Repealed or reserved.]
Neb. Rev. Stat. § 2-4001 Act, how cited.
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Sections 2-4001 to 2-4020 shall be known and may be cited as the Grain Sorghum Resources Act.
Neb. Rev. Stat. § 2-4002 Terms, defined.
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For purposes of the Grain Sorghum Resources Act, unless the context otherwise requires: (1) Board means the Grain Sorghum Development, Utilization, and Marketing Board; (2) Commercial channels means the sale of grain sorghum for any use to any commercial buyer, dealer, processor,…
Neb. Rev. Stat. § 2-4003 Intent and purpose of act.
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It is declared to be in the interest of the public welfare that the producers of grain sorghum be permitted and encouraged to develop, carry out, and participate in programs of research, education, market development, and promotion. It is the purpose of sections 2-4001 to 2-4020 …
Neb. Rev. Stat. § 2-4004 Board; members; membership districts; officers; terms; vacancy; how filled.
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(1) The board shall be composed of grower members who (a) are citizens of Nebraska, (b) are at least twenty-one years of age, and (c) derive a portion of their income from growing grain sorghum. The Director of Agriculture and the vice chancellor of the University of Nebraska Ins…
Neb. Rev. Stat. § 2-4005 Board; appointment of members; procedure.
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Members shall be appointed to the board on a nonpartisan basis. Candidates for appointment to the board may place their names on a candidacy list for the respective district or for at-large appointment by submitting to the board an application for gubernatorial appointment obtain…
Neb. Rev. Stat. § 2-4006 Board; membership; transitional provisions.
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The member serving district 1 as it existed prior to May 18, 2011, shall assume the role of serving district 1 as defined by section 2-4004, and his or her term shall expire on July 1, 2014. The member serving district 3 as it existed prior to May 18, 2011, shall assume the role …
Neb. Rev. Stat. § 2-4007 Board; responsibility; powers.
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The board shall be responsible for the administration of all subsequent appointments and may adopt rules and regulations to carry out such responsibility. The composition of the board as defined by section 2-4004 shall continue until such time as the board determines that the dis…
Neb. Rev. Stat. § 2-4008 Board; voting members; expenses.
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All voting members of the board shall be entitled to expenses as provided for in sections 81-1174 to 81-1177 while attending meetings of the board or while engaged in the performance of official responsibilities as determined by the board.
Neb. Rev. Stat. § 2-4009 Board; removal of member; grounds.
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A member of the board shall be removable for ceasing to (1) be a resident of the state, (2) live in the district from which appointed, or (3) be actually engaged in growing grain sorghum in the state.
Repealed. Laws 2026, LB794, § 7.
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[Repealed or reserved.]
Neb. Rev. Stat. § 2-4010 Board; meetings.
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The board shall meet at least once every three months and at such other times as called by the chairperson or by any three members of the board.
Neb. Rev. Stat. § 2-4011 Board; duties and responsibilities.
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The duties and responsibilities of the board shall be to implement and carry out the grain sorghum program and to the extent applicable shall include the following: (1) To develop and direct any grain sorghum development, utilization, and marketing program. Such program may inclu…