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2,166 sections in this chapter.
Neb. Rev. Stat. § 81-2,162.17 Commercial fertilizer or beneficial substance; act; violations; penalty.
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Any person violating any provisions of the Nebraska Commercial Fertilizer and Beneficial Substances Act or the rules and regulations issued thereunder, or who shall impede, obstruct, hinder, or otherwise prevent or attempt to prevent the director in the performance of his or her …
Neb. Rev. Stat. § 81-2,162.18 Commercial fertilizer or beneficial substance; unlawful practices; director; waiver, when.
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Nothing in the Nebraska Commercial Fertilizer and Beneficial Substances Act shall be construed as requiring the director to report for prosecution or for the institution of seizure proceedings for minor violations of such act when he or she believes that the public interest will …
Neb. Rev. Stat. § 81-2,162.19 Commercial fertilizer or soil conditioner; Attorney General; county attorney; duties.
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It shall be the duty of each county attorney or the Attorney General, as the case may be, to whom any violation is reported to cause appropriate proceedings to be instituted and prosecuted in a court of competent jurisdiction without delay.
Neb. Rev. Stat. § 81-2,162.20 Commercial fertilizer or beneficial substance; injunction; director; application; no bond required.
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The director is hereby authorized to apply for and the court to grant a temporary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of the Nebraska Commercial Fertilizer and Beneficial Substances Act, or any rules or regu…
Neb. Rev. Stat. § 81-2,162.21 Commercial fertilizer or beneficial substance; sales or exchanges; restriction or avoidance; exception.
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Nothing in the Nebraska Commercial Fertilizer and Beneficial Substances Act shall be construed to restrict or avoid sales or exchanges of commercial fertilizers or beneficial substances to each other by importers, manufacturers, or manipulators who mix commercial fertilizers or b…
Neb. Rev. Stat. § 81-2,162.22 Nebraska Commercial Fertilizer and Beneficial Substances Act, how cited.
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Sections 81-2,162.01 to 81-2,162.28 shall be known and may be cited as the Nebraska Commercial Fertilizer and Beneficial Substances Act.
Neb. Rev. Stat. § 81-2,162.23 Manufacture or distribution of commercial fertilizer or beneficial substances; license required; exception; application; fee; posting of license; records; contents.
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(1) No person shall manufacture or distribute any commercial fertilizer or beneficial substance in this state unless such person holds a valid license for each facility in this state where such person manufactures or distributes such commercial fertilizer or beneficial substance.…
Neb. Rev. Stat. § 81-2,162.25 Misbranded commercial fertilizer or beneficial substance; distribution unlawful; how determined.
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No person shall distribute any misbranded commercial fertilizer or beneficial substance. A commercial fertilizer or beneficial substance shall be deemed to be misbranded if: (1) Its labeling is false or misleading in any particular; (2) It is distributed under the name of another…
Neb. Rev. Stat. § 81-2,162.26 Adulterated commercial fertilizer or beneficial substance; distribution unlawful; how determined.
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No person shall distribute any adulterated commercial fertilizer or beneficial substance. A commercial fertilizer or beneficial substance shall be deemed to be adulterated if: (1) It contains any toxic materials, other than pesticides registered pursuant to law, in quantities inj…
Neb. Rev. Stat. § 81-2,162.27 Fertilizers and Beneficial Substances Administrative Fund; created; use; investment.
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(1) All money received under the Nebraska Commercial Fertilizer and Beneficial Substances Act and the Agricultural Liming Materials Act shall be remitted to the State Treasurer for credit to the Fertilizers and Beneficial Substances Administrative Fund. (2) The Fertilizers and Be…
Neb. Rev. Stat. § 81-2,162.28 Preemption of local law.
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The Nebraska Commercial Fertilizer and Beneficial Substances Act 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 …
Neb. Rev. Stat. § 81-2,163 State agricultural resources, industries, and development; department; publications; powers.
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(1) The Department of Agriculture may provide information in reference to the state's agricultural resources, industries, and development and may assemble data relating to such resources, industries, and development. The department may publish the facts ascertained and may charge…
Neb. Rev. Stat. § 81-2,164.03 Agricultural Products Marketing Information Cash Fund; created; use; investment.
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The Director of Agriculture is hereby authorized to receive voluntary gifts and contributions from the federal government, private agencies, farm industry associations, individuals, and any other person, or to collect fees or charges for services or publications from any source, …
Neb. Rev. Stat. § 81-2,165 Beekeeping; inspections; rules and regulations; duties of department and director.
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The department is authorized to enforce the Nebraska Apiary Act. The director may make or cause to be made all necessary examinations and inspections and adopt and promulgate such rules, regulations, and orders as may be necessary to carry out the duties of the department under t…
Neb. Rev. Stat. § 81-2,165.01 Act, how cited.
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Sections 81-2,165 to 81-2,180 shall be known and may be cited as the Nebraska Apiary Act.
Neb. Rev. Stat. § 81-2,165.02 Beekeeping; legislative intent; responsibility for education.
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It is the intent of the Legislature that the department is not responsible for education regarding good beekeeping practices and education intended to aid in the protection of the apicultural interests in the state from bee diseases, parasites, or pests. It is further the intent …
Neb. Rev. Stat. § 81-2,166 Terms, defined.
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For purposes of the Nebraska Apiary Act, unless the context otherwise requires: (1) Abandoned apiary shall mean any apiary not regularly attended in accordance with good beekeeping practices and which constitutes a disease, parasite, or pest hazard to the beekeeping industry; (2)…
Neb. Rev. Stat. § 81-2,167 Beekeeping; department; inspection; purpose; violations.
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In order to carry out its duties under the Nebraska Apiary Act or any rule, regulation, or order made pursuant to the act, the officers and employees of the department may at all reasonable times enter upon any public or private premises for the purpose of inspection for the exis…
Neb. Rev. Stat. § 81-2,168 Beekeeping; inspection; notice to owner; University of Nebraska; duties.
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If upon inspection of any bee colonies in the state the existence of diseases, parasites, or pests are found, the owner or person in charge of the bees, after being notified by the department of the nature of the disease, parasite, or pest shall use the best method of treating su…
Neb. Rev. Stat. § 81-2,169 Beekeeping; infected bees or apiaries; nuisance; destruction.
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Infected shipments, apiaries in which the existing disease, parasite, or pest cannot be successfully treated, apiaries which are affected by a disease, parasite, or pest amenable to treatment but which have not been treated as provided in section 81-2,168, and apiaries having bee…
Neb. Rev. Stat. § 81-2,170 Beekeeping; contagion or infection; duty of owner to report to department; quarantine; when; notice; effect.
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(1) It shall be unlawful for any person knowingly to keep in his or her possession, without proper treatment, any colony of bees affected with any bee diseases, parasites, or pests or to expose any diseased or parasitized colony or infected hive or bee equipment so that flying be…
Neb. Rev. Stat. § 81-2,171 Beekeeping; abandoned apiary; seized by department; notice.
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Any apiary not regularly attended in accordance with good beekeeping practice and which constitutes a disease, parasite, or pest hazard to the beekeeping industry may be considered an abandoned apiary and may be seized by the department. Any diseased bee equipment may be burned a…
Neb. Rev. Stat. § 81-2,173 Beekeeping; inspection certificate; procedure.
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(1) The department shall issue certificates stating that an apiary is apparently free from infectious or contagious diseases, parasites, or pests after inspecting the apiary when such apiary is apparently free from such diseases, parasites, and pests and upon payment of the certi…
Neb. Rev. Stat. § 81-2,174 Beekeeping; inspection certificate; fees; State Apiary Cash Fund; created; use; investment.
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Upon issuing a certificate to a beekeeper after an inspection as provided in section 81-2,173, the department shall collect a certificate fee as set forth in rules and regulations adopted and promulgated pursuant to the Nebraska Apiary Act not to exceed the following amounts: Two…
Neb. Rev. Stat. § 81-2,176 Beekeeping; inspection certificate; unlawful use; penalty.
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If it is found that any certificate issued or approved by the department (1) is being used in connection with bees, queen bees, or used bee equipment (a) which have not been inspected, (b) which are infected with any infectious or contagious disease, parasite, or pest, or (c) whi…
Neb. Rev. Stat. § 81-2,179 Beekeeping; director; enforcement powers; county attorney or Attorney General; duties; violations; penalty.
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(1) If the director has reason to believe that any person has violated any of the provisions of the Nebraska Apiary Act or any rules and regulations adopted and promulgated under the act, an order may be entered requiring such person to appear before the director and show cause w…
Neb. Rev. Stat. § 81-2,180 Beekeeping; liability of beekeeper for acts of agent.
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Every person who by agents or representatives shall cause any act to be done in violation of the Nebraska Apiary Act shall be responsible for the acts performed by such agent or representative.
Neb. Rev. Stat. § 81-2,236 Director; contract and cooperate with federal government; expenditure of funds.
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The Director of Agriculture may contract and cooperate with the Animal and Plant Health Inspection Service of the United States Department of Agriculture in the management and control of (1) coyotes, bobcats, foxes, and other predatory animals listed in section 23-358 in this sta…
Neb. Rev. Stat. § 81-2,237 Animal Damage Control Cash Fund; created; use; investment.
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(1) There is hereby created the Animal Damage Control Cash Fund. Such fund shall be administered by the Department of Agriculture. The fund shall consist of funds received from any source to carry out the animal damage control program pursuant to section 81-2,236. Any money in th…
Neb. Rev. Stat. § 81-2,238 Director; cooperation with state agencies; receipt of funds.
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The Director of Agriculture may cooperate with and receive funds from other agencies or departments of the state for the purposes of section 81-2,236 and may accept from any political subdivision of the state, private association, or other source such funds, contributions, paymen…
Neb. Rev. Stat. § 81-2,239 Nebraska Pure Food Act; provisions included; how cited.
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Sections 81-2,239 to 81-2,292 and the provisions of the Food Code and the Current Good Manufacturing Practice adopted by reference in sections 81-2,257.01 and 81-2,259, shall be known and may be cited as the Nebraska Pure Food Act.
Neb. Rev. Stat. § 81-2,240 Definitions, where found.
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For purposes of the Nebraska Pure Food Act, unless the context otherwise requires, the definitions found in sections 81-2,241 to 81-2,254 shall be used. In addition, the definitions found in the code and practice adopted by reference in sections 81-2,257.01 and 81-2,259 shall be …
Neb. Rev. Stat. § 81-2,241 Advertising, defined.
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Advertising shall mean all representations disseminated in any manner, other than labeling, intended or likely to induce the purchase or use of food, including a menu.
Neb. Rev. Stat. § 81-2,242 Bed and breakfast establishment, defined.
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Bed and breakfast establishment shall mean any place of lodging that provides rented rooms to ten or fewer people, that is the personal residence of the owner, that is occupied by the owner at the time of rental, and in which the only meal served to renters is breakfast.
Neb. Rev. Stat. § 81-2,242.01 Caterer, defined.
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Caterer shall mean a person in the business of providing food to a customer for parties, banquets, or other similar functions at a location owned, rented, or otherwise controlled by the customer.
Neb. Rev. Stat. § 81-2,242.02 Commissary, defined.
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Commissary shall mean a food establishment where food, food containers, or food supplies are kept, handled, prepared, packaged, or stored for use in mobile food units, pushcarts, or vending machines.
Neb. Rev. Stat. § 81-2,242.04 Commercial food establishment, defined.
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Commercial food establishment means an operation with a permanent sales location and such location has more than one hundred cubic feet of area containing food.
Neb. Rev. Stat. § 81-2,242.05 Cultivated-protein food product, defined.
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Cultivated-protein food product means a food product having one or more sensory attributes that resemble a type of tissue originating from an agricultural food animal but that, in lieu of being derived from meat processing, is derived from manufacturing cells, including processes…
Neb. Rev. Stat. § 81-2,243 Department, defined.
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Department shall mean the Department of Agriculture.
Neb. Rev. Stat. § 81-2,244 Director, defined.
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Director shall mean the Director of Agriculture or his or her designated employee, representative, or authorized agent.
Neb. Rev. Stat. § 81-2,244.01 Food Code, defined.
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Food Code shall mean the 2022 Recommendations of the United States Public Health Service, Food and Drug Administration, except the definitions of adulterated food and food establishment, person in charge, regulatory authority, and sections 4-301.12(C)(5), (D), and (E), 4-603.16(C…
Neb. Rev. Stat. § 81-2,245.01 Food establishment, defined.
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Food establishment shall mean an operation that stores, prepares, packages, serves, sells, vends, or otherwise provides food for human consumption. The term does not include: (1) An establishment or vending machine operation that offers only prepackaged soft drinks, carbonated or…
Neb. Rev. Stat. § 81-2,245.02 Food handling activity, defined.
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Food handling activity shall mean food service, food catering, conducting retail food sales, or operating a commissary, mobile food unit, food pushcart, or food vending machine.
Neb. Rev. Stat. § 81-2,247 Guidance document, defined.
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Guidance document has the same meaning as in section 84-901.
Neb. Rev. Stat. § 81-2,248 Itinerant food vendor, defined.
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Itinerant food vendor shall mean a temporary food establishment or a person that sells prepackaged, time/temperature control for safety food from an approved source at a nonpermanent location such as a farmers market, craft show, or county fair.
Neb. Rev. Stat. § 81-2,250 Limited retail food establishment, defined.
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Limited retail food establishment shall mean a food establishment where food offered to the consumer is intended for off-premises consumption and where there are no meat processing or produce processing areas.
Neb. Rev. Stat. § 81-2,251 Labeling, defined.
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Labeling shall mean the display of written, printed, or graphic matter upon the immediate container of an article of food or which accompanies the article at the time of sale.
Neb. Rev. Stat. § 81-2,251.03 Limited food service establishment, defined.
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Limited food service establishment shall mean a food establishment that serves only alcoholic beverages or serves or otherwise provides only snack items or commercially prepared and wrapped foods that require little or no preparation.
Neb. Rev. Stat. § 81-2,251.04 Mobile food unit, defined.
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Mobile food unit shall mean a vehicle mounted food establishment designed to be readily movable that returns to a commissary daily for cleanup and service.
Neb. Rev. Stat. § 81-2,251.05 Person in charge, defined.
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Person in charge shall mean the individual who is responsible for the operation of the food establishment and who is present at the establishment or is readily accessible to communicate with employees and the regulatory authority.