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724 sections in this chapter.
Neb. Rev. Stat. § 2-4115 Excise tax; first purchaser; records; statement; remittance.
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(1) The first purchaser, at the time of settlement, shall deduct the dry pea and lentil excise tax as provided for in section 2-4111 and shall maintain the necessary records of the excise tax for each purchase of dry peas and lentils on the grain settlement form or check stub sho…
Neb. Rev. Stat. § 2-4116 Dry Pea and Lentil Fund, created; use; investment.
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The Dry Pea and Lentil Fund is created. All taxes collected by the commission pursuant to the Dry Pea and Lentil Resources Act and any repayments relating to the fund, including license fees or royalties, shall be remitted to the State Treasurer for credit to the fund. The fund s…
Neb. Rev. Stat. § 2-4117 Commission; restriction on authority; cooperate with agencies and organizations.
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The commission shall not be authorized to set up research or development units or agencies of its own, but shall limit its activity to cooperation and contracts with the Department of Agriculture, University of Nebraska Institute of Agriculture and Natural Resources, or other pro…
Neb. Rev. Stat. § 2-4118 Violations; penalty.
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Any person violating the Dry Pea and Lentil Resources Act shall be guilty of a Class III misdemeanor.
Neb. Rev. Stat. § 2-4119 Commission; use of funds; restrictions.
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No funds collected by the commission shall be expended directly or indirectly to promote or oppose any candidate for public office or to influence state legislation. The commission shall not expend more than twenty-five percent of its annual budget to influence federal legislatio…
Neb. Rev. Stat. § 2-412 Legislative findings.
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The Legislature finds and declares that: (1) Agriculture is Nebraska's number one industry; (2) Water is Nebraska's most precious natural resource; (3) Nebraska farmers are leading the charge on sustainable agriculture initiatives that will make Nebraska a world-renowned leader a…
Neb. Rev. Stat. § 2-413 Commercial fertilizer, defined.
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For purposes of the Nitrogen Reduction Incentive Act, commercial fertilizer has the same meaning as in section 81-2,162.02.
Neb. Rev. Stat. § 2-414 Nitrogen reduction incentive program; created; incentive payments; authorized.
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(1) The nitrogen reduction incentive program is created and shall be administered by the Department of Water, Energy, and Environment. The department may collaborate with natural resources districts to administer the program. (2) The purposes of the program are to: (a) Provide in…
Neb. Rev. Stat. § 2-415 Rules and regulations.
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The Department of Water, Energy, and Environment may adopt and promulgate rules and regulations that adopt a standard for labeled commercial fertilizer products to qualify for the nitrogen reduction incentive program and may adopt and promulgate rules and regulations to carry out…
Neb. Rev. Stat. § 2-416 Nitrogen Reduction Incentive Cash Fund; created; use; investment.
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(1) The Nitrogen Reduction Incentive Cash Fund is created and shall be administered by the Department of Water, Energy, and Environment for purposes of the Nitrogen Reduction Incentive Act. The Nitrogen Reduction Incentive Cash Fund may consist of transfers as directed by the Leg…
Neb. Rev. Stat. § 2-417 Act, termination.
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The Nitrogen Reduction Incentive Act terminates on December 31, 2029.
Neb. Rev. Stat. § 2-4301 Act, how cited.
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Sections 2-4301 to 2-4327 shall be known and may be cited as the Agricultural Liming Materials Act.
Neb. Rev. Stat. § 2-4302 Definitions, where found.
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As used in the Agricultural Liming Materials Act, unless the context otherwise requires, the definitions in sections 2-4303 to 2-4318.01 shall apply.
Neb. Rev. Stat. § 2-4303 Agricultural liming material, defined.
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Agricultural liming material shall mean material which is distributed for agricultural purposes whose calcium and magnesium compounds are capable of neutralizing soil acidity, including limestone, burnt lime, hydrated lime, marl, an industrial byproduct, and agricultural lime slu…
Neb. Rev. Stat. § 2-4304 Limestone, defined.
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Limestone shall mean a material consisting essentially of calcium carbonate or a combination of calcium carbonate with magnesium carbonate capable of neutralizing soil acidity.
Neb. Rev. Stat. § 2-4305 Burnt lime, defined.
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Burnt lime shall mean a material made from limestone which consists essentially of calcium oxide or a combination of calcium oxide with magnesium oxide.
Neb. Rev. Stat. § 2-4306 Hydrated lime, defined.
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Hydrated lime shall mean a material made from burnt lime which consists of calcium hydroxide or a combination of calcium hydroxide with magnesium oxide or magnesium hydroxide.
Neb. Rev. Stat. § 2-4307 Marl, defined.
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Marl shall mean a granular or loosely consolidated earthy material composed largely of seashell fragments and calcium carbonate.
Neb. Rev. Stat. § 2-4308 Industrial byproduct, defined.
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Industrial byproduct shall mean any industrial waste or byproduct containing calcium or calcium and magnesium in forms that will neutralize soil acidity.
Neb. Rev. Stat. § 2-4309 Brand, defined.
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Brand shall mean the term, designation, trademark, product name, or other specific designation under which individual agricultural liming material is offered for sale.
Neb. Rev. Stat. § 2-4310 Fineness, defined.
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Fineness shall mean the percentage by weight of the material which will pass standard sieves of specified sizes to be determined by the director pursuant to section 2-4319.
Neb. Rev. Stat. § 2-4311 Ton, defined.
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Ton shall mean a net weight of two thousand pounds avoirdupois.
Neb. Rev. Stat. § 2-4312 Bulk, defined.
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Bulk shall mean in a nonpackaged form.
Neb. Rev. Stat. § 2-4313 Label, defined.
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Label shall mean any written or printed matter on or attached to the package or on the delivery ticket which accompanies bulk shipments.
Neb. Rev. Stat. § 2-4314 Calcium carbonate equivalent, defined.
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Calcium carbonate equivalent shall mean the acid-neutralizing capacity of an agricultural liming material expressed as a weight percentage of calcium carbonate. The weight of water contained by the liming material shall be included when calculating the calcium carbonate equivalen…
Neb. Rev. Stat. § 2-4315 Weight, defined.
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Weight shall mean the weight of undried material as offered for sale.
Neb. Rev. Stat. § 2-4316 Agricultural lime slurry, defined.
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Agricultural lime slurry shall mean pulverized limestone suspended in water and which may contain up to two percent by weight of appropriate clay and surfactant to maintain the liming material in suspension.
Neb. Rev. Stat. § 2-4317 Department, defined.
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Department shall mean the Department of Agriculture.
Neb. Rev. Stat. § 2-4318 Director, defined.
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Director shall mean the Director of Agriculture.
Neb. Rev. Stat. § 2-4318.01 Manufacturer, distributor, retailer; defined.
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(1) Manufacturer shall mean a person who quarries, crushes, or grinds agricultural liming materials. (2) Distributor shall mean one who sells agricultural liming material to any but the ultimate consumer. (3) Retailer shall mean one who sells agricultural liming material to the u…
Neb. Rev. Stat. § 2-4319 Rules and regulations.
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The department shall adopt, promulgate, and enforce such rules and regulations as may be necessary to carry out the provisions of the Agricultural Liming Materials Act pursuant to the Administrative Procedure Act. The director shall adopt and promulgate rules and regulations rela…
Neb. Rev. Stat. § 2-4320 Sale; label, statement, or delivery slip; information requirements.
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(1) Agricultural liming materials sold, offered, or exposed for sale in this state by any manufacturer, distributor, or retailer shall have affixed to each package in a conspicuous manner on the outside of such package a plainly printed, stamped, or otherwise marked label, tag, o…
Neb. Rev. Stat. § 2-4321 Sale or offer for sale; restrictions.
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(1) No agricultural liming material shall be sold or offered for sale in this state unless it complies with the Agricultural Liming Materials Act or the rules and regulations promulgated pursuant to the act. (2) No agricultural liming material shall be sold or offered for sale in…
Neb. Rev. Stat. § 2-4322 Registration; license; when required; application; license fee.
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(1) Each separately identified agricultural liming material shall be registered before being distributed in this state. The person who first causes the distribution of the agricultural liming material into or within this state shall be responsible for compliance with the registra…
Neb. Rev. Stat. § 2-4323 Retailer licensee; tonnage report; inspection fee; additional administrative fee; department; powers; director; duties.
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(1) Every retailer licensee shall file, not later than the last day of January and July of each year, a semiannual tonnage report on forms provided by the department, setting forth the number of net tons of each agricultural liming material sold in Nebraska during the preceding s…
Neb. Rev. Stat. § 2-4324 Fees; disbursement.
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All fees paid to the department pursuant to the Agricultural Liming Materials Act shall be remitted to the State Treasurer for credit to the Fertilizers and Beneficial Substances Administrative Fund. All money credited to the fund shall be used by the department to aid in defrayi…
Neb. Rev. Stat. § 2-4325 Director; enforcement of act; inspections; testing; methods of analysis; results; distribution.
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(1) To enforce the Agricultural Liming Materials Act or the rules and regulations adopted pursuant to the act, the director may: (a) For purposes of inspection, enter any location, vehicle, or both in which agricultural liming materials are manufactured, processed, packed, transp…
Neb. Rev. Stat. § 2-4326 Director; department; enforcement; orders; seizure of material; procedure.
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(1) When the director has reasonable cause to believe agricultural liming materials are being sold in violation of the Agricultural Liming Materials Act or the rules and regulations adopted and promulgated pursuant to the act, he or she may issue and enforce a written or printed …
Neb. Rev. Stat. § 2-4327 Violations; penalty; written warning; Attorney General or county attorney; duties; enforcement; appeal.
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(1) Any person violating the Agricultural Liming Materials Act shall be guilty of a Class IV misdemeanor upon the first conviction thereof, and a Class II misdemeanor for each subsequent conviction thereof. (2) Nothing in the act shall be construed to require the director or his …
Neb. Rev. Stat. § 2-4401 Act, how cited.
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Sections 2-4401 to 2-4404 shall be known and may be cited as the Nebraska Right to Farm Act.
Neb. Rev. Stat. § 2-4402 Terms, defined.
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As used in the Nebraska Right to Farm Act, unless the context otherwise requires: (1) Farm or farm operation means any tract of land over ten acres in area used for or devoted to the commercial production of farm products; (2) Farm product means those plants and animals useful to…
Neb. Rev. Stat. § 2-4403 Farm; farm operation; public grain warehouse; public grain warehouse operation; not a nuisance; when; suit; limitation.
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(1) A farm or farm operation or a public grain warehouse or public grain warehouse operation shall not be found to be a public or private nuisance if the farm or farm operation or public grain warehouse or public grain warehouse operation existed before a change in the land use o…
Neb. Rev. Stat. § 2-4404 Applicability of other statutes.
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The Nebraska Right to Farm Act shall not affect the application of state and federal statutes.
Neb. Rev. Stat. § 2-4601 Act, how cited.
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Sections 2-4601 to 2-4613 shall be known and may be cited as the Erosion and Sediment Control Act.
Neb. Rev. Stat. § 2-4602 Legislative findings.
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The Legislature recognizes that erosion and sedimentation are serious problems throughout the state. Changes in farm and ranch enterprises, operations, and ownership, demands made upon farm and ranch enterprises which do not encourage sound resource utilization, rapid shifts in l…
Neb. Rev. Stat. § 2-4603 Terms, defined.
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For purposes of the Erosion and Sediment Control Act, unless the context otherwise requires: (1) Commission means the Nebraska Natural Resources Commission; (2) Conservation agreement means an agreement between the owner or operator of a farm unit and the district in which the ow…
Neb. Rev. Stat. § 2-4604 State program; director; duties; program contents; revisions; hearings.
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(1) The director shall, in cooperation with the commission, the Natural Resources Conservation Service of the United States Department of Agriculture, and other appropriate state and federal agencies, develop and coordinate a comprehensive state erosion and sediment control progr…
Neb. Rev. Stat. § 2-4605 District program; contents; review.
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(1) Each district shall, with the approval of the director, adopt a district program for implementation of the state erosion and sediment control program. Each district's program shall include the: (a) Soil-loss tolerance levels for the various types of soils in the district. The…
Neb. Rev. Stat. § 2-4606 Municipal or county rules and regulations; authorized; conformance with state program; enforcement; failure to conform, effect.
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Any municipality or county may adopt and promulgate rules and regulations governing erosion and sediment control within their respective jurisdictions. Any such municipal or county rules and regulations shall be in substantial conformance with the state erosion and sediment contr…
Neb. Rev. Stat. § 2-4607 District; adoption or revision of rules and regulations; procedure; availability.
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Before adopting or revising its rules and regulations, each district shall, after publishing notice once each week for three consecutive weeks in a newspaper or newspapers having general circulation within the district, conduct a public hearing on the proposed rules and regulatio…