Chapter 2, AGRICULTURE
724 sections in this chapter.
Neb. Rev. Stat. § 2-2307 Board; removal of member; grounds.
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A member of the board shall be removable by the Governor for cause. He or she shall first be given a copy of written charges against him or her and also an opportunity to be heard publicly. In addition to all other causes, a member ceasing to (1) be a resident of the state, (2) l…
Neb. Rev. Stat. § 2-2308 Board; chairperson; meetings; conduct of business.
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At the first meeting of the board, it shall elect a chairperson from among its members. 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. The majority of the members of the board shall …
Neb. Rev. Stat. § 2-2309 Declaration of policy; board; powers and duties.
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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 protecting and stabilizing the wheat industry and the economy of the areas producing wheat. The Nebraska Wheat Development, Ut…
Neb. Rev. Stat. § 2-231 County fair board; claims filed with county board; payment.
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Each appointed county fair board shall cause to be filed with the county board from time to time all claims to be paid from money raised by taxation, and such claims shall be allowed and paid in like manner as general claims against the county.
Neb. Rev. Stat. § 2-2310 Board; administrative office.
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The board may establish an administrative office in the State of Nebraska at such place as may be suitable for the furtherance of the Nebraska Wheat Resources Act. The board shall not purchase, construct, or otherwise obtain title to its own administrative office, but shall be li…
Neb. Rev. Stat. § 2-2311 Excise tax; amount; adjustment.
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(1) Commencing July 1, 1990, the board may levy on growers of wheat an excise tax of not to exceed one and one-half cents per bushel upon all wheat sold through commercial channels in the State of Nebraska. Commencing on October 1, 2012, there is hereby levied an excise tax of fo…
Neb. Rev. Stat. § 2-2312 Excise tax; not deducted from loan proceeds.
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In the case of a pledge or mortgage of wheat as security for a loan under the federal price support program, no excise tax shall be deducted from the proceeds of such loan at the time the loan is made.
Neb. Rev. Stat. § 2-2313 Excise tax; stored wheat.
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The tax provided for by section 2-2311 shall be deducted as provided by the Nebraska Wheat Resources Act, whether such wheat is stored in this or any other state.
Neb. Rev. Stat. § 2-2314 Excise tax; federal government; sale; exception.
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The tax, herein levied and imposed by the provisions of section 2-2311, shall not apply to the sale of wheat to the federal government for ultimate use or consumption by the people of the United States, where the State of Nebraska is prohibited from imposing such tax by the Const…
Neb. Rev. Stat. § 2-2315 Excise tax; first purchaser; records; reports; forms; remittance.
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(1) The first purchaser, at the time of settlement with a grower, shall deduct the wheat excise tax as provided in section 2-2311 and shall maintain a record of the excise tax for each purchase of wheat on the grain settlement form or check stub showing payment to the grower for …
Neb. Rev. Stat. § 2-2317 Nebraska Wheat Development, Utilization, and Marketing Fund; created; use; investment.
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The Nebraska Wheat Development, Utilization, and Marketing Fund is created. All taxes collected by the board pursuant to the Nebraska Wheat Resources Act and any repayments relating to the fund, including license fees or royalties, shall be remitted to the State Treasurer for cre…
Neb. Rev. Stat. § 2-2318 Board; restriction on authority; cooperation with other entities, authorized.
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(1) The Nebraska Wheat Development, Utilization, and Marketing Board shall not set up research units or agencies of its own. The board may cooperate with, provide grants to, or contract with any of the following for the purposes described in subdivisions (1) and (5) of section 2-…
Neb. Rev. Stat. § 2-2319 Violations; penalty.
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Any person violating the Nebraska Wheat Resources Act shall be guilty of a Class III misdemeanor.
Neb. Rev. Stat. § 2-232 County fair; dissolution; sale of property.
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Any county in this state which has established a county fair board pursuant to sections 2-221 to 2-231, or which has taken any steps or made any expenditures or investments to establish and maintain a county fair under the terms and provisions of such sections, may dissolve such …
Neb. Rev. Stat. § 2-2321 Board; use of funds; restriction.
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No funds collected by the board shall be expended directly or indirectly to promote or oppose any candidate for public office or to influence state legislation. The board shall not expend more than twenty-five percent of its annual budget to influence federal legislation.
Neb. Rev. Stat. § 2-233 County fair; dissolution; procedure.
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Whenever it is deemed expedient to dissolve any county fair board established in any county with less than one hundred twenty-five thousand people in this state under sections 2-221 to 2-231 as determined by (1) the county board upon its own motion in counties with appointed coun…
Neb. Rev. Stat. § 2-234 County fair; dissolution; submission to voters.
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The manner of submitting such proposition shall be governed by the provisions of section 23-126.
Neb. Rev. Stat. § 2-235 County fair; dissolution; duty of county board.
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(1) Upon being satisfied that sections 2-232 to 2-234 have been substantially complied with and that sixty percent of all the votes cast on the proposition are in favor of the dissolution, the county board shall cause such proposition and all the proceedings had thereon to be ent…
Neb. Rev. Stat. § 2-236 County fair; dissolution; disposition of property.
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Upon the dissolution of such appointed county fair board, all the property, both real and personal, which had been purchased by such county or county fair board or transferred to the county board under subsection (2) of section 2-235 for such county fair purposes may be sold or d…
Neb. Rev. Stat. § 2-237 County fair; dissolution; final report.
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Upon the dissolution of any such county fair board in the manner provided in sections 2-232 to 2-236, the county fair board in such county shall cease to exist as an official body of such county, except for the purpose of making its final report and accounting and returning its r…
Neb. Rev. Stat. § 2-237.01 Reformation; procedure.
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(1) An elected county fair board may be dissolved and reformed as either a county agricultural society or an appointed county fair board as provided in this section. An appointed county fair board may be dissolved and reformed as either a county agricultural society or an elected…
Neb. Rev. Stat. § 2-238 County fair board; compliance with Open Meetings Act and Records Management Act.
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County fair boards established under sections 2-221 to 2-231 shall comply with the Open Meetings Act and the Records Management Act.
Neb. Rev. Stat. § 2-239 County fair board; budget; requirements.
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(1) The budget of each appointed county fair board shall be subject to annual review, audit, and approval by the county board of the county in which such fair board is located. (2) The budget of each elected county fair board shall be subject to the Nebraska Budget Act.
Neb. Rev. Stat. § 2-240 County fair board; internal election; proxy vote prohibited.
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The vote of a member of a county fair board for any election held within such board shall be cast by the member personally and shall not be cast by a proxy vote.
Neb. Rev. Stat. § 2-250 Act, how cited.
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Sections 2-250 to 2-273 shall be known and may be cited as the County Agricultural Society Act.
Neb. Rev. Stat. § 2-251 County agricultural societies; compliance with act required.
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All county agricultural societies existing, organized, or reinstated on or after January 1, 1998, shall comply with the County Agricultural Society Act and shall annually offer and award premiums and perform such other acts which such society deems will be for the improvement of …
Neb. Rev. Stat. § 2-252 Formation; constitution; bylaws.
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A county agricultural society shall adopt a constitution and bylaws and may, upon approval of its board of directors, file articles of incorporation with the Secretary of State pursuant to the Nebraska Nonprofit Corporation Act. Any agricultural society forming itself as a nonpro…
Neb. Rev. Stat. § 2-253 Annual meeting; notice; voting.
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A county agricultural society shall hold an annual meeting open to all registered voters of the county for the purpose of electing a board of directors and conducting any other business of the county agricultural society. Only registered voters of the county are eligible to parti…
Neb. Rev. Stat. § 2-254 Organization of county agricultural society; petition.
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Subject to sections 2-267 to 2-273, the registered voters of a county may petition the county board to organize a county agricultural society in a county where a county agricultural society has not already been organized. The petition shall be signed by registered voters of the c…
Neb. Rev. Stat. § 2-255 Petition; signature verification; organizational meeting; notice.
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Upon receipt of a petition to create a county agricultural society, the county board shall have the signatures verified by the election commissioner or county clerk pursuant to section 32-631. The election commissioner or county clerk shall return the verified petition within fif…
Neb. Rev. Stat. § 2-256 Board of directors; officers; members.
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(1) The board of directors shall annually elect from its membership a chairperson and such other officers as may be necessary. The term of office for members of the board shall be for three years, except that the term of the members of the board first taking office shall be for o…
Neb. Rev. Stat. § 2-257 Tax levy.
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(1) The county board may, at the time other levies and assessments for taxation are made and subject to section 77-3443, levy a tax upon all of the taxable property within the county for the operation of the county agricultural society. The tax shall be assessed, levied, and coll…
Neb. Rev. Stat. § 2-258 Use of tax money.
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The money raised by the operational tax levy authorized in section 2-257 shall be used for the purpose of paying premiums and for permanent improvements for such fair, for the purpose of purchasing the necessary fair supplies, advertising, and the paying of necessary labor in con…
Neb. Rev. Stat. § 2-259 County fairgrounds; equipment purchase; additional tax levy.
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Pursuant to a request by a county agricultural society, the county board of any county may levy an additional levy of three and five-tenths cents on each one hundred dollars of taxable valuation, or any part thereof, for the purpose of acquiring an interest in real property to co…
Neb. Rev. Stat. § 2-260 Failure to hold fair; effect.
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If an existing county agricultural society fails to hold a fair for at least three successive days, no money so levied for that year shall be paid to the use of such levy, but the same shall be paid into the general fund of the county and expended as other funds therein. Such mon…
Neb. Rev. Stat. § 2-261 County agricultural society; budget; meetings; records.
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(1) County agricultural societies are subject to the Nebraska Budget Act. County agricultural societies shall comply with the Open Meetings Act and the Records Management Act. (2) The budget of each county agricultural society is subject to annual review, audit, and approval by t…
Neb. Rev. Stat. § 2-262 County agricultural society; right of eminent domain; procedure.
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Each county agricultural society may acquire, take, hold, and appropriate so much real estate as may be necessary for the purpose of holding county fairs. No appropriation of private property for the use of such society shall be made until full and just compensation therefor be f…
Neb. Rev. Stat. § 2-2622 Act, how cited.
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Sections 2-2622 to 2-2659 shall be known and may be cited as the Pesticide Act.
Neb. Rev. Stat. § 2-2623 Legislative intent.
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The intent of the Pesticide Act is to regulate, in the public interest, the labeling, distribution, storage, transportation, use, application, and disposal of pesticides for the protection of human health and the environment. The Legislature hereby finds that pesticides are valua…
Neb. Rev. Stat. § 2-2624 Terms, defined.
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For purposes of the Pesticide Act: (1) Active ingredient means: (a) In the case of a pesticide other than a plant regulator, defoliant, or desiccant, an ingredient that prevents, destroys, repels, or mitigates a pest; (b) In the case of a plant regulator, an ingredient that, thro…
Neb. Rev. Stat. § 2-2625 Local ordinances and resolutions; preemption; regulatory functions; contracts authorized.
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Except as specifically provided in the Pesticide Act, the provisions of the act shall preempt ordinances and resolutions by political subdivisions that prohibit or regulate any matter relating to the registration, labeling, distribution, sale, handling, use, application, or dispo…
Neb. Rev. Stat. § 2-2626 Department; powers, functions, and duties.
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The department shall have the following powers, functions, and duties: (1) To administer, implement, and enforce the Pesticide Act and serve as the lead state agency for the regulation of pesticides. The department shall involve the natural resources districts and other state age…
Neb. Rev. Stat. § 2-2627 Pesticide Administrative Cash Fund; created; use; investment.
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The Pesticide Administrative Cash Fund is hereby created. The fund shall be used by the department to aid in defraying the expenses of administering the act. Any money in the Pesticide Administrative Cash Fund available for investment shall be invested by the state investment off…
Neb. Rev. Stat. § 2-2628 Registration required; when.
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(1) Except as provided by subsection (2), (3), or (4) of this section, no pesticide shall be distributed in this state or delivered for transportation or transported in intrastate commerce or between points within the state through a point outside the state unless it is registere…
Neb. Rev. Stat. § 2-2629 Registration; application; contents; department; powers; confidentiality; agent for service of process or consent to jurisdiction.
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(1) The application for registration of a pesticide shall include: (a) The name and address of the applicant and the name and address of the person whose name shall appear on the pesticide label, if not the applicant's; (b) The trade name of the pesticide; (c) A complete copy of …
Neb. Rev. Stat. § 2-263 County agricultural society; neglect of duties; cease to exist; effect.
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In all cases when county agricultural societies neglect for two years to hold a county fair or cease to exist, in any county where payments have been made for real estate or improvements upon such real estate for the use of a county agricultural society, then all such real estate…
Neb. Rev. Stat. § 2-2630 Label; contents; requirements.
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(1) Each pesticide distributed in this state shall bear a label containing the following information relating to the pesticide: (a) The name, brand, or trademark under which the pesticide is distributed; (b) The name and percentage of each active ingredient and the total percenta…
Neb. Rev. Stat. § 2-2631 Registration; expiration; renewal.
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Registration of a pesticide shall expire annually on December 31 unless sooner canceled. A person who applies for renewal of registration shall include in the renewal application only information that is different from the information furnished at the time of the most recent regi…
Neb. Rev. Stat. § 2-2632 Registration; denial or change in status; grounds; procedure.
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(1) The department may deny an application for registration of a pesticide under the Pesticide Act or may cancel, suspend, or modify such registration if the department finds that: (a) The composition of the pesticide does not warrant the proposed claims made for it; (b) The pest…
Neb. Rev. Stat. § 2-2633 Registration for special local need; procedure.
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(1) The department may register a pesticide for additional uses and methods of application not covered by federal regulation but not inconsistent with federal law for the purpose of meeting a special local need. (2) Before approving a registration under this section, the departme…