Chapter 2 — AGRICULTURE
1,558 sections in this chapter.
Neb. Rev. Stat. § 2-2643.02 License holder; duties.
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A license holder shall comply with the Pesticide Act, the rules and regulations adopted and promulgated pursuant to the act, and any order of the director issued pursuant to the act. A license holder shall not interfere with the department in the performance of its duties. A lice…
Neb. Rev. Stat. § 2-2643.03 License holder; disciplinary actions; procedure.
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(1) A license holder may be put on probation requiring such person to comply with the conditions set out in an order of probation issued by the director or be ordered to cease and desist from failing to comply or be ordered to pay an administrative fine pursuant to subdivision (9…
Repealed. Laws 2002, LB 436, § 29.
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[Repealed or reserved.]
Neb. Rev. Stat. § 2-2645 Violation of act; claim of damages; inspection; failure to file report or cooperate with department; effect.
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(1) A person claiming damages from a pesticide use may file with the department a written report claiming that the person has been damaged. The report shall be filed as soon as possible following the day of the alleged occurrence. (2) Except as otherwise provided in the Pesticide…
Neb. Rev. Stat. § 2-2646 Prohibited acts.
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It shall be unlawful for any person: (1) To distribute within the state or deliver for transportation or transport in intrastate commerce or between points within this state through a point outside this state, any of the following: (a) A pesticide that has not been registered or …
Neb. Rev. Stat. § 2-2646.01 Pesticide business; owner or operator; liability.
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Any person who owns or operates a business that uses pesticides on the property of another person for hire or compensation shall be responsible for the acts or omissions of anyone using a pesticide for such business. Such person shall be subject to the same fines, license actions…
Neb. Rev. Stat. § 2-2647 Violations; penalties; Attorney General or county attorney; duties.
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(1) Any person who commits an unlawful act under the Pesticide Act, any rules and regulations adopted and promulgated under the act, or any final order of the department shall (a) be guilty of a Class III misdemeanor and, upon a subsequent conviction thereof, be guilty of a Class…
Neb. Rev. Stat. § 2-2648 Violations; civil fine; jurisdiction; Attorney General or county attorney; duties.
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(1) Any person who violates any provision of the Pesticide Act, the rules and regulations adopted and promulgated under the act, or any final order of the department may be subject to a civil fine of not more than fifteen thousand dollars for each offense, and in the case of a co…
Neb. Rev. Stat. § 2-2649 Violations; hearing; order.
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Whenever the director has reason to believe that any person has violated any provision of the Pesticide Act, any rule or regulation adopted and promulgated pursuant to the act, or any order of the department, the director may issue a notice of hearing as provided for in section 2…
Neb. Rev. Stat. § 2-2649.01 Violation warning letter; contents.
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Whenever the director has reason to believe that a violation of any provision of the Pesticide Act, any rule or regulation adopted and promulgated pursuant to the act, or any order of the director has occurred, the director may issue a violation warning letter. A violation warnin…
Neb. Rev. Stat. § 2-2649.02 Notice; requirements; hearings; procedure; request for new hearing.
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Under the Pesticide Act: (1) Any notice or order shall be personally served on the license holder, the person named in the notice, or a person authorized by the license holder to receive notices and orders of the department or shall be sent by registered or certified mail, return…
Neb. Rev. Stat. § 2-265 County agricultural society; dissolution; procedure.
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(1) To dissolve a county agricultural society established or sought to be established under the County Agricultural Society Act, the county board shall, upon petition of not less than fifteen percent of the registered voters of the county as shown by the poll books of the last pr…
Neb. Rev. Stat. § 2-2650 Violations; severity of penalty; considerations.
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Whenever a violation of the Pesticide Act has occurred, the following shall be considered when determining the severity or amount of any administrative or civil fine, the issuance of a cease and desist order, or the disposition of any license: (1) The culpability and good faith o…
Neb. Rev. Stat. § 2-2651 Fines; distribution and collection.
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(1) All money collected as a civil or an administrative fine shall be remitted to the State Treasurer for distribution in accordance with Article VII, section 5, of the Constitution of Nebraska. (2) Any civil or administrative fine which remains unpaid for more than sixty days sh…
Neb. Rev. Stat. § 2-2652 Final judgments; failure to satisfy; effect.
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(1) A pesticide dealer or a commercial, noncommercial, or private applicator or an applicant for any such license shall not allow a final judgment against the applicant or licensee for damages arising from a violation of a provision of the Pesticide Act to remain unsatisfied for …
Neb. Rev. Stat. § 2-2653 Duties and responsibilities of department; subject to appropriation.
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Notwithstanding any other provision of the Pesticide Act, the duties and responsibilities of the department under the act shall be subject to adequate federal, cash, and general funding appropriation being made by the Legislature. If adequate funds are not made available under th…
Neb. Rev. Stat. § 2-2654 Department order; appeal.
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Any person aggrieved by any order of the department may appeal such order to the district court. Such appeal shall be in accordance with the Administrative Procedure Act.
Neb. Rev. Stat. § 2-2655 Nebraska aerial pesticide business license; when required; liability; exempt operations.
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(1) A person shall not apply pesticides by use of an aircraft or cause or arrange aerial pesticide spraying operations to occur on the property of another unless such person holds a Nebraska aerial pesticide business license for the principal departure location of the aircraft to…
Neb. Rev. Stat. § 2-2656 Nebraska aerial pesticide business license; application; form; contents; fee; resident agent or consent to jurisdiction.
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(1) An application for an initial or renewal Nebraska aerial pesticide business license shall be submitted to the department prior to the commencement of aerial spraying operations, and an application for renewal of a Nebraska aerial pesticide business license shall be submitted …
Neb. Rev. Stat. § 2-2657 Nebraska aerial pesticide business license; reports and notice required.
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Prior to commencing aerial spraying operations, a person holding a Nebraska aerial pesticide business license shall immediately report all aircraft, pilots, and departure locations utilized for the operation if different from or in addition to the information provided in the pers…
Neb. Rev. Stat. § 2-2658 Nebraska aerial pesticide business license holder; responsibility; disciplinary actions; hearing.
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Each Nebraska aerial pesticide business license holder is responsible for the acts of each person applying pesticides on lands within this state under the direction and supervision of the business. The aerial pesticide business's license is subject to denial, suspension, modifica…
Neb. Rev. Stat. § 2-2659 Aerial pesticide business; records.
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Each aerial pesticide business shall maintain records of applications of pesticides by use of an aircraft that are required by the department, and the department may require such records to be kept separate from other business records. The department may adopt and promulgate rule…
Neb. Rev. Stat. § 2-266 County agricultural society; dissolution; effect.
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Upon the dissolution and the abandonment under section 2-265: (1) All the real and personal property which has been purchased for or by the county agricultural society may be sold or disposed of by the county board in whole or in part and from time to time in the same manner as o…
Neb. Rev. Stat. § 2-266.01 County agricultural society; dissolution; reformation; procedure.
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(1) A county agricultural society may be dissolved and reformed as either an elected or appointed county fair board as provided in this section in addition to any other procedure for dissolution provided by law. (2) A county agricultural society board may by resolution request th…
Neb. Rev. Stat. § 2-267 County agricultural society; reinstatement authorized.
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A county agricultural society operating or organized under the County Agricultural Society Act, which has become inoperative because of neglect in the discharge of its duties devolved upon it by law, or for any other reason, may at any time procure an extension, restoration, rene…
Neb. Rev. Stat. § 2-268 County agricultural society; reinstatement; certificate; contents; filing.
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The certificate filed pursuant to section 2-267 shall set forth (1) the name of the county agricultural society, which name shall be the existing name of the society or the name it bore when its corporate existence expired, except as otherwise provided in sections 2-267 to 2-271,…
Neb. Rev. Stat. § 2-269 County agricultural society; reinstatement; effect.
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The reinstatement of a county agricultural society shall validate all contracts, acts, matters, and things made, done, and performed within the scope of its articles of incorporation, its officers, and its agents during the time when the corporate existence was inoperative with t…
Neb. Rev. Stat. § 2-270 County agricultural society; reinstatement; name change; when.
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If, since the corporate existence of a county agricultural society became inoperative, any other county agricultural society organized under the laws of the State of Nebraska adopted the same name as the society sought to be renewed or revived or shall have adopted a name so near…
Neb. Rev. Stat. § 2-2701 Current tractor model; testing required; application; procedure; sales and use tax exemption; eligibility; temporary permit; failure to meet requirements; effect.
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(1) No person shall be permitted to sell or dispose of any current tractor model of one hundred or more horsepower in the State of Nebraska without first having (a) made application for a permit and obtained a permit to sell the tractor model, (b) the model tested by the Universi…
Neb. Rev. Stat. § 2-2701.01 Terms, defined.
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For purposes of sections 2-2701 to 2-2711, unless the context otherwise requires: (1) Board means the University of Nebraska Board of Tractor Test Engineers which shall consist of three engineers under the control of the university; (2) Current tractor model means any model inclu…
Neb. Rev. Stat. § 2-2701.02 Sales permit; information required; notice to purchaser; liability for damages.
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(1) Any person who applies for a permit to sell a tractor model in the state shall provide to the department at the time of application information on the availability and accessibility of service and replacement parts for such tractor model. Such information shall include the na…
Neb. Rev. Stat. § 2-2702 Board of Regents of the University of Nebraska; powers and duties.
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(1)(a) The Board of Regents of the University of Nebraska shall adopt and promulgate rules and regulations setting forth codes for the official testing of tractors. (b) The Board of Regents of the University of Nebraska shall adopt procedures for the official testing of agricultu…
Neb. Rev. Stat. § 2-2703 Tractor model test results; board; duties.
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After a tractor model has been duly tested by the University of Nebraska or by any Organization for Economic Cooperation and Development test station, the board shall submit the results of such test to the department. Prior to the issuance of a permanent sales permit by the depar…
Neb. Rev. Stat. § 2-2703.01 Supplemental sale permit; issuance; testing; when required.
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Upon application by any person, the board may recommend to the department that a supplemental permit be issued to such person for the sale of a new tractor model based upon the official test results of a previous tractor model. The specifications and performance representations o…
Repealed. Laws 1986, LB 768, § 15.
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[Repealed or reserved.]
Neb. Rev. Stat. § 2-2705 Tractor model tests; fees; University of Nebraska Tractor Test Cash Fund; created; use; investment.
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Application to the board for the testing of a tractor model by the University of Nebraska shall be accompanied by the fee prescribed by the Board of Regents of the University of Nebraska as a partial reimbursement for making the application. Fees collected for the testing of trac…
Repealed. Laws 2026, LB1072, § 242.
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[Repealed or reserved.]
Neb. Rev. Stat. § 2-2706 Tractor model; failure to meet specifications; retesting permitted; effect on sale of other models; permit specify model.
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The failure of any tractor model to meet the specifications and representations made by the applicant shall not prevent the applicant from placing on the market other tractor models that do comply with the permit requirements of sections 2-2701 to 2-2711. Any tractor model that f…
Neb. Rev. Stat. § 2-2707 Tractor model tests; report; publication; public record.
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The report of the official test required by section 2-2701 shall be published by the board and made available in the Biological Systems Engineering Department of the University of Nebraska and in such other places as may be designated by the board. All information pertaining to t…
Neb. Rev. Stat. § 2-2708 Tractor model tests results; improper use; penalty.
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No person shall use the results of such tests in such manner as would cause it to appear that the University of Nebraska or the department intended to recommend the use of any given tractor model in preference to any other model. For any violation of this section the department m…
Neb. Rev. Stat. § 2-2709 Tractor model testing order; discrimination prohibited; exception.
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Except when a temporary permit has been issued pursuant to subsection (4) of section 2-2701, tractors shall be tested by the board in the order in which they are presented for such tests, and no discrimination shall be made for or against any person in any manner whatsoever. Comp…
Neb. Rev. Stat. § 2-271 County agricultural society; reinstatement; reformation of board.
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If the last president and secretary or treasurer, chairperson and other officers, or the officers performing the functions of the offices, or any of them, of the county agricultural society renewing or reviving its corporate existence are dead at the time of the renewal or refuse…
Neb. Rev. Stat. § 2-2710 Sales without permit; penalty; limitation on claim.
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Any person selling a current tractor model of one hundred or more horsepower for use in the State of Nebraska without a permit issued by the department for such tractor model shall be required to repurchase any such tractor model sold in Nebraska for which a permit has not been i…
Neb. Rev. Stat. § 2-2711 Department; enforcement; rules and regulations.
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The department shall have full authority to enforce sections 2-2701 to 2-2711 both by denial of a permit to sell tractors in the state and by injunctive relief in the district court having jurisdiction. The department shall adopt and promulgate rules and regulations as are necess…
Repealed. Laws 1986, LB 768, § 15.
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[Repealed or reserved.]
Repealed. Laws 1986, LB 768, § 15.
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[Repealed or reserved.]
Neb. Rev. Stat. § 2-272 County agricultural society; reinstatement; certificate; recording; requirements; effect.
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The certificate for the renewal and continuance of the existence of a county agricultural society shall be filed in the office of the Secretary of State, who shall furnish a certified copy of the certificate under his or her hand and seal of office. The certified copy shall be re…
Neb. Rev. Stat. § 2-273 County agricultural society; reinstatement; effect.
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A county agricultural society renewing, extending, and continuing its corporate existence shall, upon complying with sections 2-267 to 2-272, be a corporation and continue its existence for the time stated in its certificate of renewal and shall, in addition to the rights, privil…
Repealed. Laws 2026, LB948, § 36.
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[Repealed or reserved.]
Repealed. Laws 2026, LB948, § 36.
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[Repealed or reserved.]