Chapter 2 — AGRICULTURE
1,558 sections in this chapter.
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…
Repealed. Laws 1993, LB 588, § 39.
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[Repealed or reserved.]
Repealed. Laws 1993, LB 588, § 39.
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[Repealed or reserved.]
Repealed. Laws 1993, LB 588, § 39.
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[Repealed or reserved.]
Repealed. Laws 1993, LB 588, § 39.
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[Repealed or reserved.]
Repealed. Laws 1993, LB 588, § 39.
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[Repealed or reserved.]
Repealed. Laws 1993, LB 588, § 39.
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[Repealed or reserved.]
Repealed. Laws 1993, LB 588, § 39.
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[Repealed or reserved.]
Repealed. Laws 1993, LB 588, § 39.
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[Repealed or reserved.]
Repealed. Laws 1993, LB 588, § 39.
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[Repealed or reserved.]
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…
Repealed. Laws 1993, LB 588, § 39.
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[Repealed or reserved.]
Repealed. Laws 1993, LB 588, § 39.
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[Repealed or reserved.]
Repealed. Laws 1993, LB 588, § 39.
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[Repealed or reserved.]
Repealed. Laws 1993, LB 588, § 39.
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[Repealed or reserved.]
Repealed. Laws 1993, LB 588, § 39.
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[Repealed or reserved.]
Repealed. Laws 1978, LB 692, § 6.
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[Repealed or reserved.]
Repealed. Laws 1993, LB 588, § 39.
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[Repealed or reserved.]
Repealed. Laws 1993, LB 588, § 39.
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[Repealed or reserved.]
Repealed. Laws 1993, LB 588, § 39.
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[Repealed or reserved.]
Repealed. Laws 1993, LB 588, § 39.
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[Repealed or reserved.]
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…
Repealed. Laws 1993, LB 588, § 39.
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[Repealed or reserved.]
Repealed. Laws 1993, LB 588, § 39.
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[Repealed or reserved.]
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…
Neb. Rev. Stat. § 2-2634 Registration and renewal fees; late registration fee.
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(1) As a condition to registration or renewal of registration as required by sections 2-2628 to 2-2633, an applicant shall pay to the department a fee of two hundred dollars for each pesticide to be registered, except that the fee may be increased or decreased by rules and regula…
Neb. Rev. Stat. § 2-2635 Pesticide dealer license; when required; application; fee; expiration; display; department; powers; disciplinary actions; restricted-use pesticides; records required; registered agent for service of process or consent to jurisdiction.
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(1) Except as provided in subsection (2) of this section, a person shall not distribute at wholesale or retail or possess pesticides with an intent to distribute them without a pesticide dealer license for each distribution location. Any manufacturer, registrant, or distributor w…
Neb. Rev. Stat. § 2-2636 Pesticide applicators; restrictions; department; duties; reciprocity.
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(1) The department shall license pesticide applicators involved in the categories established in 40 C.F.R. part 171, as the regulation existed on January 1, 2019, and any other categories established pursuant to rules and regulations necessary to meet the requirements of the stat…
Neb. Rev. Stat. § 2-2637 Commercial and noncommercial licenses; classification; testing; Cooperative Extension Service; conduct training sessions.
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(1) The department may classify commercial and noncommercial licenses under categories according to the subject, method, or place of pesticide application and establish separate testing requirements for certification and licensing in each category. All written examinations for ce…
Neb. Rev. Stat. § 2-2638 Commercial applicator license; when required; application; denial, when; fee; resident agent for service of process or consent to jurisdiction.
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(1) An individual who uses restricted-use pesticides on the property of another person in the State of Nebraska for hire or compensation shall meet all certification requirements of the Pesticide Act and the rules and regulations adopted and promulgated under the act and shall be…
Neb. Rev. Stat. § 2-2639 Noncommercial applicator license; application; denial, when; resident agent for service of process or consent to jurisdiction.
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(1) A noncommercial applicator shall meet all certification requirements of the Pesticide Act and shall be a noncommercial applicator license holder of a license issued for the categories in which the pesticide use is to be made. (2) Application for an original or renewal noncomm…
Neb. Rev. Stat. § 2-264 County agricultural society; powers relating to real estate.
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With the consent of the county board of the county within which the real estate is located, a county agricultural society may exchange its real estate and improvements for other real estate and improvements or may lease or sell its real estate and improvements and may make, execu…
Neb. Rev. Stat. § 2-2640 Commercial and noncommercial applicator licenses; examination required.
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Each person applying for a license as a commercial or noncommercial applicator shall meet the certification requirement of passing an examination demonstrating that the person: (1) Is properly qualified to perform functions associated with pesticide use to a degree directly relat…
Neb. Rev. Stat. § 2-2641 Private applicator; qualifications; application for license; requirements; fee.
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(1) An individual applying for a license as a private applicator shall meet the certification requirement of (a) undertaking a training session approved by the department or (b) passing an examination showing that the person is properly qualified to perform functions associated w…
Neb. Rev. Stat. § 2-2642 Commercial, noncommercial, and private applicator licenses; expiration; renewal; procedure; noncertified applicator; restrictions.
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(1) Each commercial, noncommercial, and private applicator license shall expire on April 15 following the third year in which it was issued. (2) Except as provided by subsection (3) of this section, a person having a valid commercial or noncommercial applicator license may renew …
Neb. Rev. Stat. § 2-2643 Records; requirements.
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(1) All applicators applying restricted-use pesticides are required to maintain records of the use of all restricted-use pesticides. Licensed certified applicators who supervise noncertified applicators are required to document and maintain or verify the existence of and have acc…
Neb. Rev. Stat. § 2-2643.01 License holder; prohibited acts.
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A license holder shall not: (1) Make a pesticide recommendation or use a pesticide in a manner inconsistent with the pesticide's labeling or with the restrictions on the use of the pesticide imposed by the state, the federal agency, or the federal act; (2) Operate in a faulty, ca…