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2,166 sections in this chapter.
Neb. Rev. Stat. § 81-2,251.06 Pushcart, defined.
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Pushcart shall mean a non-self-propelled vehicle limited to serving food which is not time/temperature control for safety or commissary wrapped food maintained at temperatures in compliance with the Nebraska Pure Food Act or limited to the preparation and serving of frankfurters.
Neb. Rev. Stat. § 81-2,252 Regulatory authority, defined.
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Regulatory authority shall mean the department or a political subdivision or state agency under contract with the department to perform regulatory functions authorized pursuant to the Nebraska Pure Food Act.
Neb. Rev. Stat. § 81-2,253.01 Salvage operation, defined.
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Salvage operation shall mean an operation which reconditions, sells, distributes, brokers, or otherwise supplies any distressed or salvaged food.
Neb. Rev. Stat. § 81-2,253.02 Secondary food handling activity, defined.
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Secondary food handling activity shall mean operating mobile food units, food pushcarts, or food vending machines or operating any other type of food handling activity as not the primary food handling activity.
Neb. Rev. Stat. § 81-2,254 Single event food vendor, defined.
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Single event food vendor shall mean a temporary food establishment that operates at no more than one event per calendar year for a period of no more than four days.
Neb. Rev. Stat. § 81-2,257 Priority items; priority foundation items; designation.
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Priority items are designated in the Food Code. Priority foundation items are designated in the Food Code.
Neb. Rev. Stat. § 81-2,257.01 Food Code; adoption.
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The Legislature hereby adopts by reference the Food Code as defined in section 81-2,244.01 as a part of the Nebraska Pure Food Act.
Neb. Rev. Stat. § 81-2,259 Federal Current Good Manufacturing Practice; adoption.
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The Legislature hereby adopts by reference the federal Current Good Manufacturing Practice found in 21 C.F.R. 117.4 and 117.10 to 117.110 as such regulations existed on April 1, 2024.
Neb. Rev. Stat. § 81-2,262 Code and practice; where filed.
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Copies of the code and practice adopted by reference pursuant to sections 81-2,257.01 and 81-2,259 shall be filed in the offices of the Secretary of State, Clerk of the Legislature, and department.
Neb. Rev. Stat. § 81-2,263 Inconsistencies; sections control.
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If there is an inconsistency between sections 81-2,239 to 81-2,292 and any code adopted by reference, the requirements of the sections shall control.
Neb. Rev. Stat. § 81-2,267 Food establishment, food processing plant, or salvage operation; construction, conversion, or remodeling; plans and specifications; requirements.
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Prior to construction of, conversion to, or remodeling of a food establishment, food processing plant, or salvage operation, properly prepared plans and specifications for such construction, conversion, or remodeling shall be submitted to the regulatory authority for review and a…
Neb. Rev. Stat. § 81-2,268 Food establishment, food processing plant, or salvage operation facilities and equipment; design and fabrication requirements.
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(1) Food establishment, food processing plant, or salvage operation facilities and equipment in use or new facilities and equipment for which contractual obligations are incurred before September 13, 1997, and which do not meet fully all the design and fabrication requirements of…
Neb. Rev. Stat. § 81-2,270 Food establishment, food processing plant, or salvage operation; permits; application; contents; fees; late fee; exemptions.
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(1) No person shall operate without a valid permit: (a) A food establishment conducting those food handling activities authorized by such permit; (b) A food processing plant; or (c) A salvage operation. (2) Application for a permit shall be made to the director on forms prescribe…
Neb. Rev. Stat. § 81-2,270.01 Eggs.
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Any person who for remuneration packs and sells, offers for sale, barters, or otherwise provides eggs for human consumption shall comply with all applicable requirements set forth in rules and regulations adopted and promulgated by the department and shall establish the source of…
Neb. Rev. Stat. § 81-2,271 Food establishment, food processing plant, or salvage operation; permit; posting; change of ownership or location; duties; mobile food unit or pushcart; copy of permit.
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(1) The permit required by section 81-2,270 shall be posted in a conspicuous manner at the food establishment, each location where food handling activity included under a permit is occurring, the food processing plant, or the salvage operation. For a food establishment that does …
Neb. Rev. Stat. § 81-2,272 Food establishment, food processing plant, or salvage operation; inspection; denial of permit; hearing.
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Before approving an application for a permit pursuant to section 81-2,270, the regulatory authority shall inspect the food establishment, food processing plant, or salvage operation to determine whether the applicant qualifies to hold a permit pursuant to subsection (1) of sectio…
Neb. Rev. Stat. § 81-2,273 Permitholder; duties; disciplinary action; effect; hearing; reinstatement of permit.
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(1) A holder of a permit issued under the Nebraska Pure Food Act shall comply with the act, the rules and regulations adopted pursuant thereto, and any order of the director issued pursuant thereto. The permitholder shall not interfere with the department in the performance of it…
Neb. Rev. Stat. § 81-2,274 Notice or order; service; contents; hearings; procedure.
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(1) Any notice or order provided for in the Nebraska Pure Food Act shall be served on the permitholder at the last-known address of the permitholder or at the permitted location. A copy of the notice and the order shall be filed in the records of the department. (2) A notice to c…
Neb. Rev. Stat. § 81-2,275 Food establishment, food processing plant, or salvage operation; unlawful operation.
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It is unlawful for a person to operate a food establishment, food processing plant, or salvage operation in any manner which is not in conformity with the Nebraska Pure Food Act or the rules and regulations adopted and promulgated pursuant thereto or to interfere with the duties …
Neb. Rev. Stat. § 81-2,276 Food establishment, food processing plant, or salvage operation regulation.
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It is the responsibility of the department to regulate the operation of food establishments, food processing plants, and salvage operations in the manner set out in the Nebraska Pure Food Act.
Neb. Rev. Stat. § 81-2,277 Food processing plants and salvage operations; compliance required.
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Food processing plants and salvage operations shall comply with the federal Current Good Manufacturing Practice adopted in section 81-2,259.
Neb. Rev. Stat. § 81-2,278 Mobile food establishment operators; guidance document.
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The department shall develop and make available to the public a guidance document for mobile food establishment operators. The guidance document shall describe food establishment permit requirements applicable to mobile food establishments, including permit requirements applicabl…
Neb. Rev. Stat. § 81-2,278.01 Mobile food establishment; political subdivision; local licensing reciprocity; report.
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(1) A political subdivision acting as a regulatory authority may enter into an agreement under the Interlocal Cooperation Act with other public agencies to grant and provide reciprocity for local licensing of mobile food establishments for purposes of regulating food safety and h…
Neb. Rev. Stat. § 81-2,279 Mobile Food Establishment Ordinance Registry; department; powers and duties; city of the first class or city of the second class; requirements.
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(1) For purposes of this section, city means a city of the first class or a city of the second class. (2) The department shall establish and maintain the Mobile Food Establishment Ordinance Registry. The registry shall be made available for review by the public on the department'…
Neb. Rev. Stat. § 81-2,280 Producer of food at private home; requirements; registration; contents.
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(1) A producer of food at a private home as described in subdivision (7) of section 81-2,245.01 shall meet the requirements of this section. (2) Such producer shall only provide food that is not adulterated and is not any of the following types of time/temperature control for saf…
Neb. Rev. Stat. § 81-2,281 Department; enforce act; powers; contract for conduct of certain regulatory functions; exemption from inspection fee; inspections; how conducted; by whom.
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(1) The department shall enforce the Nebraska Pure Food Act and any rule or regulation adopted and promulgated pursuant to such act. The department may: (a) Enter at reasonable times and in a reasonable manner, without being subject to any action for trespass or damages if reason…
Neb. Rev. Stat. § 81-2,282 Adulteration of food; prohibited; adulteration, defined; deceptive trade practice.
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(1) No person shall adulterate any food or manufacture, produce, import, distribute, promote, display for sale, offer for sale, attempt to sell, or sell any adulterated food. (2) Food shall be deemed to be adulterated if: (a) It bears or contains any substance which may render it…
Neb. Rev. Stat. § 81-2,283 Misbranded food; prohibited; misbranded, defined.
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(1) It shall be unlawful for any person to misbrand any food or distribute, offer for sale, or sell any misbranded food. (2) A food shall be deemed to be misbranded if: (a) It does not bear labeling clearly stating (i) the identity of the food in terms likely to be easily and acc…
Neb. Rev. Stat. § 81-2,284 Deceptive packaging of food; prohibited; deceptively packed or packaged, defined.
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(1) It shall be unlawful for any person to deceptively pack or package any food or for any person to distribute, offer for sale, or sell any food that has been deceptively packed or packaged. (2) A food shall be deemed to be deceptively packed or packaged if: (a) Any substance ha…
Neb. Rev. Stat. § 81-2,285 False advertisement regarding food; prohibited; false advertisement, defined.
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(1) It shall be unlawful for any person engaged in the sale, merchandising, or distribution of food to cause, with intent to deceive, the dissemination of a false advertisement regarding a food. (2) An advertisement of a food shall be deemed to be false if it is false or misleadi…
Neb. Rev. Stat. § 81-2,286 Regulatory authority; determination of violations; use of federal regulations; when.
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In determining whether food is being manufactured, processed, transported, distributed, offered for sale, or sold in violation of the adulteration, misbranding, deceptive packaging, or false advertising provisions of sections 81-2,282 to 81-2,285 or any other requirement of the N…
Neb. Rev. Stat. § 81-2,287 Regulatory authority; enforcement; issue stop-sale, stop-use, removal orders; procedure.
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If a regulatory authority finds that food is being manufactured, processed, distributed, offered for sale, or sold in violation of the adulteration, misbranding, deceptive packaging, or false advertising provisions of sections 81-2,282 to 81-2,285 or any other requirement of the …
Neb. Rev. Stat. § 81-2,288 Department; adopt rules and regulations; contracts with federal agencies authorized; exemptions from act.
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(1) The department may adopt and promulgate rules and regulations to aid in the administration and enforcement of the Nebraska Pure Food Act. (2) The department may adopt and promulgate rules and regulations to provide for source labeling on eggs which are packaged. The departmen…
Neb. Rev. Stat. § 81-2,288.01 Regulatory authority; inspection reporting requirements.
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(1) The regulatory authority shall document on an inspection report form: (a) Administrative information about the food establishment's legal identity, street and mailing addresses, type of establishment and operation, inspection date, status of the permit, and personnel certific…
Neb. Rev. Stat. § 81-2,288.02 Regulatory authority; inspection intervals.
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The regulatory authority may increase the interval between inspections beyond six months if the food establishment is assigned a less frequent inspection frequency based on a written risk-based inspection schedule that is being uniformly applied throughout the jurisdiction.
Neb. Rev. Stat. § 81-2,289 Restraining orders and injunctions; department; county attorney; duties.
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(1) The department may apply for a restraining order or a temporary or permanent injunction against any person violating or threatening to violate the Nebraska Pure Food Act, the rules and regulations adopted pursuant to the act, or a final order of the director. The district cou…
Neb. Rev. Stat. § 81-2,290 Violations; penalty; county attorney; duties.
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(1) Any person violating any provision of the Nebraska Pure Food Act, the rules and regulations adopted pursuant to the act, or a final order of the director shall be guilty of a Class IV misdemeanor notwithstanding the existence of any other remedy at law. (2) It shall be the du…
Neb. Rev. Stat. § 81-2,291 Pure Food Cash Fund; created; use; investment.
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All fees paid to the department in accordance with the Nebraska Pure Food Act shall be remitted to the State Treasurer. The State Treasurer shall credit the fees to the Pure Food Cash Fund, which fund is hereby created. All money credited to such fund shall be appropriated to the…
Neb. Rev. Stat. § 81-2,292 Bed and breakfast establishments; exempt from act.
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The Nebraska Pure Food Act shall not apply to bed and breakfast establishments.
Neb. Rev. Stat. § 81-2,293 Laboratory testing services; system of billing; Agricultural Laboratory Testing Services Cash Fund; created; use; investment.
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(1) The Department of Agriculture may contract with the following entities to perform laboratory testing services for such entities: Any agency, board, commission, or political subdivision of this or another state, another state, the federal government, or an association which in…
Neb. Rev. Stat. § 81-2,294 Conditional use permit or special exception application; department; develop assessment matrix; criteria; committee; advise department; use.
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(1) The Director of Agriculture shall appoint a committee of experts, not to exceed ten persons, to advise the Department of Agriculture on the development of the assessment matrix described in subsection (2) of this section. Experts shall include representation from county board…
Neb. Rev. Stat. § 81-2001 Nebraska State Patrol; established; chief officer.
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There is hereby established a department to be known as the Nebraska State Patrol. The chief officer of the Nebraska State Patrol shall be the Superintendent of Law Enforcement and Public Safety, who shall have had at least four years' experience as a law enforcement officer prio…
Neb. Rev. Stat. § 81-2002 State patrol; superintendent; how designated; subordinate officers; employees; appointment; salaries; expense allowance; bond or insurance; premium, how paid.
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The superintendent, also designated as colonel, shall, with the approval of the Governor, appoint such subordinate officers of the Nebraska State Patrol as lieutenant colonel, majors, captains, lieutenants, sergeants, corporals, patrol officers, and such other employees as may be…
Neb. Rev. Stat. § 81-2002.01 Officers appointed to carrier enforcement division; status and training.
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On and after July 20, 2002, officers of the Nebraska State Patrol appointed to the carrier enforcement division shall be officers of the Nebraska State Patrol with the powers and duties as prescribed in sections 81-2001 to 81-2009 and this section and shall receive training comme…
Neb. Rev. Stat. § 81-2003 Superintendent; power to adopt rules and regulations; seal; maintenance of office.
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The Superintendent of Law Enforcement and Public Safety is hereby authorized to adopt, promulgate, and enforce rules and regulations, consistent with this act, to carry out sections 81-2001 to 81-2009, including the use, purpose, and contents of warning and violation cards. The S…
Neb. Rev. Stat. § 81-2004 State patrol; duties in general; Nebraska State Patrol Criminal Investigation Cash Fund; created; use; investment.
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The Nebraska State Patrol, its subordinate officers such as lieutenant colonel, majors, captains, lieutenants, sergeants, corporals, patrolmen, and other employees shall be used primarily for the enforcement of the traffic and motor vehicle laws of the State of Nebraska and the h…
Neb. Rev. Stat. § 81-2004.01 Carrier Enforcement Cash Fund; created; use; investment.
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(1) The Carrier Enforcement Cash Fund is created. The fund shall be established within the Nebraska State Patrol and administered by the Superintendent of Law Enforcement and Public Safety. The fund shall consist of fund transfers made each fiscal year from the Roads Operations C…
Neb. Rev. Stat. § 81-2004.02 Nebraska State Patrol Cash Fund; created; use; investment.
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There is hereby created the Nebraska State Patrol Cash Fund. Money from this fund shall be used to defray expenses incident to the administration of the Nebraska State Patrol. All funds received by the Nebraska State Patrol for services rendered shall be remitted to the State Tre…
Neb. Rev. Stat. § 81-2004.03 Investigation Petty Cash Fund; authorized.
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The Superintendent of Law Enforcement and Public Safety may apply to the Director of Administrative Services and the Auditor of Public Accounts to establish and maintain an Investigation Petty Cash Fund. The funds used to initiate and maintain the Investigation Petty Cash Fund sh…
Neb. Rev. Stat. § 81-2004.04 Funds and accounts; records; report; accounting.
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(1) For the purpose of establishing and maintaining legislative oversight and accountability, the Nebraska State Patrol shall maintain records of all expenditures, disbursements, and transfers of cash from the Nebraska State Patrol Cash Fund and the Investigation Petty Cash Fund.…