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270 sections in this chapter.
Neb. Rev. Stat. § 69-402 Secondary metals recycler; purchase of regulated metals property; information required; duration; receipt.
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(1) A secondary metals recycler shall maintain a record, either as a hard copy or electronically, of all purchase transactions in which the secondary metals recycler purchases regulated metals property. (2) The following information shall be maintained for transactions in which a…
Neb. Rev. Stat. § 69-403 Peace officer; right to inspect property and records.
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During the usual and customary business hours of a secondary metals recycler, any peace officer shall have the right to inspect: (1) Any and all purchased regulated metals property in the possession of the secondary metals recycler; and (2) Any and all records required to be main…
Neb. Rev. Stat. § 69-404 Secondary metals recycler; limitations on payment.
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No secondary metals recycler shall purchase regulated metals property for cash consideration unless the purchase total is not more than twenty-five dollars. Purchases made from the same person within a four-hour period shall be considered a single transaction. Payment shall be ma…
Neb. Rev. Stat. § 69-405 Seller; age restriction; identification required.
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No secondary metals recycler shall purchase or receive regulated metals property: (1) From any person who is under the age of majority; or (2) From any person who does not possess a valid form of personal identification or current motor vehicle operator's license required under s…
Neb. Rev. Stat. § 69-406 Limitation on metal beer keg purchase or receipt.
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No secondary metals recycler shall purchase or receive a metal beer keg, including those kegs made of stainless steel, if the serial number or other identifying insignia has been destroyed, removed, altered, covered, or defaced.
Neb. Rev. Stat. § 69-406.01 Manhole cover or sewer grate; purchase or receipt; limitations; payment.
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No secondary metals recycler shall purchase or receive any manhole cover or sewer grate except from (1) an authorized representative of the political subdivision that owns the manhole cover or sewer grate as is evidenced by the stamping or engraving on the cover or grate or (2) a…
Neb. Rev. Stat. § 69-407 Exemptions.
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Sections 69-401 to 69-409 do not apply to: (1) Purchases of regulated metals property from a manufacturing, industrial, or other commercial vendor that generates or sells regulated metals property in the ordinary course of its business; (2) The collection or purchase of regulated…
Neb. Rev. Stat. § 69-408 Violation; penalty.
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Any person violating any of the provisions of sections 69-401 to 69-409 is guilty of a Class II misdemeanor.
Neb. Rev. Stat. § 69-409 Sections; how construed.
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Nothing in sections 69-401 to 69-409 shall be construed to abrogate or affect the provisions of any lawful rule, regulation, resolution, ordinance, or statute which is more restrictive than sections 69-401 to 69-409.
Neb. Rev. Stat. § 69-501 Act, how cited.
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Sections 69-501 to 69-511 shall be known and may be cited as the Reduced Cigarette Ignition Propensity Act.
Neb. Rev. Stat. § 69-502 Terms, defined.
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For purposes of the Reduced Cigarette Ignition Propensity Act: (1) Agent means any person authorized by the Tax Commissioner to purchase and affix stamps or cigarette tax meter impressions on packages of cigarettes under sections 77-2601 to 77-2615; (2) Cigarette has the same mea…
Neb. Rev. Stat. § 69-503 Cigarettes; testing; requirements; performance standard; manufacturer; duties; civil penalty; State Fire Marshal; powers and duties.
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(1) Except as provided in subsection (7) of this section, no cigarettes may be sold or offered for sale in this state or offered for sale or sold to persons located in this state unless the cigarettes have been tested in accordance with the following test method and meet the perf…
Neb. Rev. Stat. § 69-504 Manufacturer; written certification; contents; fee; Reduced Cigarette Ignition Propensity Fund; created; use; investment; altered cigarettes; retesting required.
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(1) Each manufacturer shall submit to the State Fire Marshal a written certification attesting that: (a) Each cigarette listed in the certification has been tested in accordance with section 69-503; and (b) Each cigarette listed in the certification meets the performance standard…
Neb. Rev. Stat. § 69-505 Marking; inspections.
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(1) Cigarettes that are certified by a manufacturer in accordance with section 69-504 shall be marked to indicate compliance with the requirements of section 69-503. The marking shall be either: (a) Any marking in use and approved for sale in New York pursuant to the New York Fir…
Neb. Rev. Stat. § 69-506 Violations; civil penalty; seizure and destruction; additional remedies; Attorney General; powers and duties.
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(1) A manufacturer, wholesale dealer, agent, or any other person or entity who knowingly sells or offers to sell cigarettes, other than through retail sale, in violation of section 69-503, shall be liable to a civil penalty not to exceed ten thousand dollars per each sale of such…
Neb. Rev. Stat. § 69-507 Tax Commissioner; power to inspect; notice to State Fire Marshal.
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The Tax Commissioner, in the regular course of conducting inspections of wholesale dealers, agents, and retail dealers, as authorized under section 77-2605, may inspect cigarettes to determine if the cigarettes are marked as required by section 69-505. If the cigarettes are not m…
Neb. Rev. Stat. § 69-508 Attorney General; enforcement powers.
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To enforce the provisions of the Reduced Cigarette Ignition Propensity Act, the Attorney General may examine the books, papers, invoices, and other records of any person in possession, control, or occupancy of any premises where cigarettes are placed, stored, sold, or offered for…
Neb. Rev. Stat. § 69-509 Act; exemptions.
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Nothing in the Reduced Cigarette Ignition Propensity Act shall be construed to prohibit: (1) Any person or entity from manufacturing or selling cigarettes that do not meet the requirements of section 69-503 if the cigarettes are or will be stamped for sale in another state or are…
Neb. Rev. Stat. § 69-510 Termination of act; conditions; preemption of local law.
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(1) The Reduced Cigarette Ignition Propensity Act shall terminate if a federal reduced cigarette ignition propensity standard that preempts the act is adopted and becomes effective. (2) The Reduced Cigarette Ignition Propensity Act preempts any local law on the subject and no pol…
Neb. Rev. Stat. § 69-511 State Fire Marshal; rules and regulations.
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The State Fire Marshal may adopt and promulgate rules and regulations necessary to carry out the Reduced Cigarette Ignition Propensity Act in accordance with the Administrative Procedure Act.