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2,166 sections in this chapter.
Neb. Rev. Stat. § 81-1923 License; not assignable or transferable.
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A license issued pursuant to sections 81-1901 to 81-1936 shall not be assignable or transferable.
Neb. Rev. Stat. § 81-1924 License; fee; duplicate license; place of business; displayed.
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A license issued under sections 81-1901 to 81-1936 is the property of the state and shall be loaned to the licensee. A license or duplicate license shall be prominently displayed at each place of business of every examiner and the address of the licensee's place of business shall…
Neb. Rev. Stat. § 81-1925 Licenses; revenue placed in General Fund.
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The revenue derived from all licenses issued pursuant to sections 81-1901 to 81-1936 shall be placed in the General Fund.
Neb. Rev. Stat. § 81-1926 Public examiner; fee; private examination; second license required; violation; penalty.
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Any public examiner license fee shall be paid by the agency or political subdivision employing the examiner or intern. Any public examiner whose license indicates the address of the public institution employing the examiner shall, prior to performing any private examination, obta…
Neb. Rev. Stat. § 81-1927 Licensee; change of address; notify Secretary of State.
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A licensee shall notify the secretary in writing within ten days after any change in address of a licensee's office or business location. The secretary shall issue a new license for the remainder of the license period which contains the new address.
Neb. Rev. Stat. § 81-1928 License; denied, suspended, revoked; grounds; hearing.
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The secretary may deny, suspend, or revoke any license, after a hearing held in accordance with the Administrative Procedure Act, for any one or more of the following grounds: (1) Failure to inform a subject to be examined as to the nature of the examination; (2) Failure to infor…
Neb. Rev. Stat. § 81-1929 License; revoked, suspended; surrendered; when.
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Upon the revocation or suspension of any license, the licensee shall surrender the license to the secretary within thirty days after notification of such revocation or suspension. If the licensee fails to do so, the secretary may seize the license.
Neb. Rev. Stat. § 81-1930 Licensee; service of process.
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Obtaining a license under sections 81-1901 to 81-1936 shall constitute sufficient contact with this state for the exercise of personal jurisdiction over such licensee in any action arising out of the licensee's activity in this state.
Neb. Rev. Stat. § 81-1931 Appeal; procedure.
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Any person aggrieved by final action of the secretary under the Licensing of Truth and Deception Examiners Act may appeal the final action, and such appeal shall be in accordance with the Administrative Procedure Act.
Neb. Rev. Stat. § 81-1932 Employee; use of truth and deception examination; when; limitation.
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No employer or prospective employer may require as a condition of employment or as a condition for continued employment that a person submit to a truth and deception examination unless such employment involves public law enforcement. This shall not be construed to prohibit such e…
Neb. Rev. Stat. § 81-1933 Employer; violation; penalty.
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Any employer or prospective employer who violates the provisions of section 81-1932 shall be guilty of a Class II misdemeanor.
Neb. Rev. Stat. § 81-1934 Secretary of State; rules and regulations; adopt; forms.
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The secretary shall adopt and promulgate any rules and regulations and provide such forms as are necessary to carry out sections 81-1901 to 81-1936.
Neb. Rev. Stat. § 81-1935 Act; violation; penalty.
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Except as provided in section 81-1932, any person who violates the provisions of sections 81-1901 to 81-1936 or who falsely states or represents that he or she is or has been an examiner or intern shall be guilty of a Class II misdemeanor.
Neb. Rev. Stat. § 81-1936 Examiner's license; reciprocity; requirements.
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An applicant who is a truth and deception examiner licensed under laws of another state or territory of the United States may be issued an appropriate license by the secretary without examination if the secretary, in his or her discretion, determines the applicant has produced sa…
Neb. Rev. Stat. § 81-2,147 Law, how cited.
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Sections 81-2,147 to 81-2,147.12 shall be known and cited as the Nebraska Seed Law.
Neb. Rev. Stat. § 81-2,147.01 Terms, defined.
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As used in the Nebraska Seed Law: (1) Advertisement means all representations, other than those on the label, disseminated in any manner or by any means relating to seed, including farm grain represented as suitable for sowing, within the scope of the Nebraska Seed Law; (2) Agric…
Neb. Rev. Stat. § 81-2,147.02 Container; labeling requirements.
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Each container of agricultural, vegetable, or flower seeds which is sold within this state for sowing purposes shall bear thereon or have attached thereto in a conspicuous place a plainly written or printed label or tag in the English language giving the following information, wh…
Neb. Rev. Stat. § 81-2,147.03 Sale; unlawful acts.
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(1) It shall be unlawful for any person to sell any agricultural, vegetable, or flower seed within this state: (a)(i) Of a native plant species unless a test required by section 81-2,147.02 to determine the percentage of germination or a test to determine the percentage of viabil…
Neb. Rev. Stat. § 81-2,147.04 Records; samples; subject to inspection.
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Each person whose name appears on the label as handling agricultural, vegetable, or flower seeds subject to the Nebraska Seed Law shall keep for a period of three years complete records of each lot of agricultural, vegetable, or flower seed handled and keep for one year a file sa…
Neb. Rev. Stat. § 81-2,147.05 Exempt seed or grain.
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(1) Sections 81-2,147.02 and 81-2,147.03 shall not apply: (a) To seed or grain not intended for sowing purposes; (b) To seed in storage in, or being transported or consigned to, a cleaning or conditioning establishment for cleaning or conditioning, except that the invoice or labe…
Neb. Rev. Stat. § 81-2,147.06 Director; powers and duties.
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(1) The duty of enforcing the Nebraska Seed Law and carrying out such law and requirements shall be vested in the director. It shall be the duty of the director: (a) To sample, inspect, make analysis of, and test agricultural, vegetable, and flower seed sold within this state for…
Neb. Rev. Stat. § 81-2,147.07 Seeds not in compliance with law; remedies; procedure.
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(1) Any lot of agricultural, vegetable, or flower seed not in compliance with the Nebraska Seed Law shall be subject to seizure on complaint of the director to a court of competent jurisdiction in the locality in which the seed is located. In the event the court finds the seed to…
Neb. Rev. Stat. § 81-2,147.08 Restraining order or injunction; application by director; issued without bond.
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The director may apply for a restraining order, a temporary or permanent injunction, or a mandatory injunction against any person who has violated, is violating, or is threatening to violate any of the provisions of the Nebraska Seed Law or any rules or regulations adopted and pr…
Neb. Rev. Stat. § 81-2,147.09 Violations; penalty; hearing; enforcement.
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Any person violating the Nebraska Seed Law shall be guilty of a Class IV misdemeanor. It shall be the duty of the county attorney of the county in which any violation has occurred, is occurring, or is about to occur or the Attorney General when notified by the Department of Agric…
Neb. Rev. Stat. § 81-2,147.10 Sale of labeled seeds; permit required; fees; delinquency fee; renewal; exceptions; refusal or cancellation of permit; hearing.
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(1) No person who labels for sale in Nebraska agricultural, vegetable, or flower seeds shall sell such seeds in Nebraska unless he or she holds a valid seed permit. Application for the permit shall be made to the Department of Agriculture on forms prescribed and furnished by the …
Neb. Rev. Stat. § 81-2,147.11 Nebraska Seed Administrative Cash Fund; created; use; investment.
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There is hereby created a fund to be known as the Nebraska Seed Administrative Cash Fund. All money received pursuant to the Nebraska Seed Law shall be remitted to the State Treasurer for credit to such fund. All money credited to the fund shall be used by the Department of Agric…
Neb. Rev. Stat. § 81-2,147.12 Preemption of local law.
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The Nebraska Seed Law and any rules and regulations adopted and promulgated thereunder shall supersede and preempt any ordinance, rule, regulation, or resolution enacted by any political subdivision of the state regarding the regulation of seeds. No political subdivision shall pr…
Neb. Rev. Stat. § 81-2,149 State-certified seeds; plant parts; approval of standards; certification, defined.
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Every person, firm, association, or corporation who or which issues, uses, or circulates any certificate, advertisement, tag, seal, poster, letterhead, marking, circular, or written or printed representation or description of or pertaining to seeds or plant parts intended for pro…
Neb. Rev. Stat. § 81-2,150 State-certified seeds; dealers; observance of rules of University of Nebraska Institute of Agriculture and Natural Resources required.
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Every person, firm, association, or corporation subject to the provisions of sections 81-2,149 to 81-2,154 shall observe, perform, and comply with all rules, regulations, and requirements fixed, established, or specified by the University of Nebraska Institute of Agriculture and …
Neb. Rev. Stat. § 81-2,151 State-certified seeds; certification agencies; nonprofit basis.
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Certification work, whether conducted by the University of Nebraska Institute of Agriculture and Natural Resources or by any agency designated by it, shall be on a self-supporting basis and not for financial profit. The institute may designate as the agency for the certification …
Neb. Rev. Stat. § 81-2,152 State-certified seeds; certification agencies; legal obligations; University of Nebraska Institute of Agriculture and Natural Resources not liable.
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The University of Nebraska Institute of Agriculture and Natural Resources shall not be financially responsible for debts incurred by, damages inflicted by, or contracts broken by certifying agencies in conducting certification work.
Neb. Rev. Stat. § 81-2,153 State-certified seeds; growers; violations; dishonest practices; certification may be withheld.
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The University of Nebraska Institute of Agriculture and Natural Resources or its designated agency or agencies may withhold certification, for a period not to exceed two years, from any grower of seeds or plant parts who is engaged in or attempting to engage in any dishonest prac…
Neb. Rev. Stat. § 81-2,154 State-certified seeds; violations; penalty.
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It shall be unlawful for any person, firm, association, or corporation to issue, make, use, or circulate any certification as defined in section 81-2,149 without the authority and approval of the University of Nebraska Institute of Agriculture and Natural Resources or its duly au…
Neb. Rev. Stat. § 81-2,155 Hybrid seed corn; practices forbidden.
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It shall be unlawful for any person, firm, corporation or its agents or representatives to sell, offer or expose for sale, or falsely mark or tag, within the State of Nebraska, any seed corn as hybrid unless it is seed of the first generation of a cross involving two, three, or f…
Neb. Rev. Stat. § 81-2,156 Hybrid seed corn; cross, defined.
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The cross mentioned in section 81-2,155 shall be produced by cross fertilization performed by a method of proper isolation in time or distance and controlled either by hand, by detasseling at the proper times, or by utilizing male sterility systems.
Neb. Rev. Stat. § 81-2,157 Hybrid seed corn; violations; penalty; enforcement action; Director of Agriculture; duties.
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(1) Any person who violates any of the provisions of sections 81-2,155 and 81-2,156 shall be guilty of a Class III misdemeanor. (2) In addition to the criminal penalty provided under subsection (1) of this section, a restraining order or a temporary, permanent, or mandatory injun…
Neb. Rev. Stat. § 81-2,162.01 Act; administration.
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The Nebraska Commercial Fertilizer and Beneficial Substances Act shall be administered by the Director of Agriculture.
Neb. Rev. Stat. § 81-2,162.02 Terms, defined.
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For purposes of the Nebraska Commercial Fertilizer and Beneficial Substances Act, unless the context otherwise requires: (1) Beneficial substance means any claimed or advertised substance that can be demonstrated by scientific research to be beneficial to soil, media, or at least…
Neb. Rev. Stat. § 81-2,162.03 Soil conditioner; products; registration; expiration; application; contents; custom-blended products exempt; information required.
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(1) Prior to January 1, 2027, each soil conditioner shall be registered before being distributed in this state. Beginning on and after January 1, 2027, all products shall be registered before being distributed in this state. The distributor who first causes the distribution of th…
Neb. Rev. Stat. § 81-2,162.04 Beneficial substance; label; contents; bulk; statement; common name; pesticide; how labeled.
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(1) Beginning on and after January 1, 2027, any packaged beneficial substance distributed in this state, except custom-blended products, shall have placed on or affixed to the package a label stating clearly and conspicuously (a) the net weight or measure of the product, (b) the …
Neb. Rev. Stat. § 81-2,162.05 Commercial fertilizer; label affixed to package; contents; common name; custom-blended products; requirements.
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(1) Any packaged commercial fertilizer distributed in this state, except custom-blended products, shall have placed on or affixed to the package a label stating clearly and conspicuously: (a) The net weight or measure of the product; (b) The name and principal address of the manu…
Neb. Rev. Stat. § 81-2,162.06 Commercial fertilizer, soil conditioner, and beneficial substance; inspection fee; amount; tonnage report; additional administrative fee; confidential information.
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(1)(a) An inspection fee shall be paid to the director at the rate fixed by the director but not exceeding fifteen cents per ton for: (i) Prior to January 1, 2027, commercial fertilizers and soil conditioners; and (ii) Beginning on and after January 1, 2027, commercial fertilizer…
Neb. Rev. Stat. § 81-2,162.07 Enforcement of act; inspections; testing; methods of analysis; results; distribution.
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(1) To enforce the Nebraska Commercial Fertilizer and Beneficial Substances 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 commercial fertilizer or beneficial substance …
Neb. Rev. Stat. § 81-2,162.08 Commercial fertilizer; superphosphate; requirements.
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No superphosphate containing less than eighteen percent available phosphate nor any commercial fertilizer in which the sum of the guarantees for the nitrogen, available phosphate, and soluble potash totals less than twenty percent shall be distributed in this state except for fer…
Neb. Rev. Stat. § 81-2,162.11 Commercial fertilizers and beneficial substances; sales information; director make available; contents.
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The director shall annually make available, in such form as he or she may deem proper, information concerning the sales of commercial fertilizers and beneficial substances and a report of the results of the analysis based on official samples of commercial fertilizers and benefici…
Neb. Rev. Stat. § 81-2,162.12 Commercial fertilizers and beneficial substances; rules and regulations.
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For the enforcement of the Nebraska Commercial Fertilizer and Beneficial Substances Act, the director is authorized to prescribe rules and regulations, after public hearing following due public notice, relating to the distribution of commercial fertilizers and beneficial substanc…
Neb. Rev. Stat. § 81-2,162.13 Commercial fertilizer or beneficial substance; registration or license; cancellation; reasons; hearing.
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The director is authorized and empowered to cancel the registration or license of any person manufacturing or distributing any commercial fertilizer or beneficial substance or to refuse to register any beneficial substance upon satisfactory evidence that the registrant, licensee,…
Neb. Rev. Stat. § 81-2,162.14 Commercial fertilizer or beneficial substance; stop-sale, stop-use, or removal order; effect; release, when.
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The director may issue and enforce a written or printed stop-sale, stop-use, or removal order to the owner or custodian of any lot of commercial fertilizer or beneficial substance and may require the owner or custodian to hold any lot at a designated place when the director has r…
Neb. Rev. Stat. § 81-2,162.15 Commercial fertilizer or beneficial substance; noncompliance; condemnation; court order; opportunity to comply.
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Any lot of commercial fertilizer or beneficial substance not in compliance with the provisions of the Nebraska Commercial Fertilizer and Beneficial Substances Act shall be subject to seizure on complaint of the director to a court of competent jurisdiction in the area in which su…
Neb. Rev. Stat. § 81-2,162.16 Commercial fertilizer or beneficial substance; rules and regulations; violation; notice; hearing; certification to county attorney or Attorney General.
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If it shall appear from the examination of any commercial fertilizer or beneficial substance that any of the provisions of the Nebraska Commercial Fertilizer and Beneficial Substances Act or the rules and regulations issued thereunder have been violated, the director shall cause …