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724 sections in this chapter.
Neb. Rev. Stat. § 2-3802 Legislative findings.
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The Legislature hereby finds that the general welfare of the people of Nebraska will significantly benefit from the conduct of programs designed and intended to enhance the effective marketing of Nebraska's many agricultural commodities. The Legislature further finds that the mea…
Neb. Rev. Stat. § 2-3803 Definitions, where found.
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For purposes of the Nebraska Agricultural Products Marketing Act, unless the context otherwise requires, the definitions found in sections 2-3804 to 2-3807 shall be used.
Neb. Rev. Stat. § 2-3804 Agricultural product or commodity, defined.
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Agricultural product or commodity shall include all products resulting from the conduct of farming or ranching activities, dairying, beekeeping, aquaculture, insect production, poultry or egg production, or comparable activities, and any byproducts resulting from such activities.
Neb. Rev. Stat. § 2-3804.01 Aquaculture, defined.
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Aquaculture shall mean the agricultural practice of controlled propagation and cultivation of aquatic plants or animals for commercial purposes. Unless the context otherwise requires, the term agriculture shall be construed to include aquaculture.
Neb. Rev. Stat. § 2-3805 Department, defined.
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Department shall mean the Department of Agriculture.
Neb. Rev. Stat. § 2-3806 Director, defined.
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Director shall mean the Director of Agriculture or his or her designee.
Neb. Rev. Stat. § 2-3807 Marketing, defined.
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Marketing shall include any and all activities intended to directly or indirectly facilitate the sale, exchange, or other distribution of a product or commodity in an economic, efficient, and profitable manner, including research, market development, publicity, promotion, educati…
Neb. Rev. Stat. § 2-3808 Department; marketing activities; powers and duties.
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To achieve the purposes of the Nebraska Agricultural Products Marketing Act, the department may perform the following marketing activities: (1) Coordinating the various marketing programs and policies of each of the state's agricultural commodities so that they will complement on…
Neb. Rev. Stat. § 2-3809 Act, how construed.
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The Nebraska Agricultural Products Marketing Act shall not be construed: (1) As altering the provisions of any other act or acts dealing with the marketing of agricultural products or as detracting from the authorities provided for in any such acts; (2) As empowering the departme…
Neb. Rev. Stat. § 2-3810 Department; contracts; limitations.
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The department in entering into contracts authorized under the Nebraska Agricultural Products Marketing Act shall not be authorized to set up marketing units or agencies of its own. Only contracts necessary to the furtherance of the intent and purposes of the act shall be entered…
Neb. Rev. Stat. § 2-3812 Nebraska Agricultural Products Marketing Cash Fund; created; use; investment.
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There is hereby created the Nebraska Agricultural Products Marketing Cash Fund. The fund shall consist of money appropriated by the Legislature which is received as gifts or grants or collected as fees or charges from any source, including federal, state, public, and private. The…
Neb. Rev. Stat. § 2-3815 Agriculture promotion and development program; established; purposes; employment of specialists.
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(1) The Department of Agriculture shall establish an agriculture promotion and development program. The department shall employ a program director and one specialist in research techniques and market development. Both individuals shall report directly to the Director of Agricultu…
Neb. Rev. Stat. § 2-3948 Act, how cited.
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Sections 2-3948 to 2-3963 shall be known and may be cited as the Dairy Industry Development Act.
Neb. Rev. Stat. § 2-3949 Terms, defined.
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For purposes of the Dairy Industry Development Act: (1) Board shall mean the Nebraska Dairy Industry Development Board; (2) Commercial use shall mean sale for retail consumption or sale for resale, for manufacture for resale, or for processing for resale; (3) First purchaser of m…
Neb. Rev. Stat. § 2-3950 Legislative findings.
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The Legislature declares it to be in the public interest that producers in Nebraska be permitted and encouraged to maintain and expand domestic sales of milk and dairy products, develop new products and new markets, improve methods and practices relating to marketing or processin…
Neb. Rev. Stat. § 2-3951 Nebraska Dairy Industry Development Board; created; members; qualifications.
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The Nebraska Dairy Industry Development Board is hereby created. Members of the board shall (1) be residents of Nebraska, (2) be at least twenty-one years of age, (3) have been actually engaged in the production of milk in this state for at least five years, and (4) derive a subs…
Neb. Rev. Stat. § 2-3951.01 Board members; appointment; terms; officers; expenses.
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(1) Members of the board shall, as nearly as possible, be representative of all first purchasers of milk and individual producer-processors in the state and, to the extent practicable, result in equitable representation of the various interests of milk producers both in terms of …
Neb. Rev. Stat. § 2-3951.02 Board members; nomination and appointment.
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(1) Members of the board shall be nominated and appointed as follows: (a) Each first purchaser of milk which purchases milk from at least twenty-one milk producers may submit to the Governor the names of up to two nominees for each forty milk production units, or major portion th…
Neb. Rev. Stat. § 2-3951.03 Board members; vacancies.
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(1) A vacancy on the board exists in the event of the death, incapacity, removal, or resignation of any member; when a member ceases to be a resident of Nebraska; when a member ceases to be a producer in Nebraska; or when the member's term expires. Members whose terms have expire…
Neb. Rev. Stat. § 2-3951.04 Board members; nominations; notification; procedure.
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(1) When nominations for board members are required, written notification shall be given to each producer represented or to be represented by such member, including an at-large member. The first purchaser or purchasers of milk shall notify each producer from whom the first purcha…
Neb. Rev. Stat. § 2-3955 Board; meetings; minutes.
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(1) The board shall meet at least once every six months at a time and place fixed by the board. Special meetings may be called by the chairperson and shall be called by the chairperson upon request of at least twenty-five percent of the members of the board. Written notice of the…
Neb. Rev. Stat. § 2-3956 Board; administration; limitation on expenses.
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The board may contract for the necessary office space, furniture, stationery, printing, and personnel services useful or necessary for the administration of the Dairy Industry Development Act. The total administrative costs and expenses of the board shall not exceed five percent …
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…
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…