Chapter 89, WEIGHTS AND MEASURES
37 sections in this chapter.
Neb. Rev. Stat. § 89-1,100 Weights and Measures Administrative Fund; created; use; investment; lien.
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The director shall collect registration, permit, laboratory, test, administrative, and inspection fees and money required to be reimbursed as provided for in the Weights and Measures Act and shall remit such funds to the State Treasurer. The State Treasurer shall credit such fund…
Neb. Rev. Stat. § 89-1,101 Violations; penalty.
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Any person who violates any provision of the Weights and Measures Act or any order of the department after such order has become final or upon termination of any review proceeding, when the order has been sustained by a court of law, shall be guilty of a Class III misdemeanor. Up…
Neb. Rev. Stat. § 89-1,101.01 Violations; costs of enforcement.
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All actual costs associated with seizing any weighing and measuring device or commodity which is in violation of the Weights and Measures Act or the rules and regulations adopted and promulgated pursuant to the act, issuing and enforcing any stop-use, hold, or removal order for c…
Neb. Rev. Stat. § 89-1,101.02 Records.
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Every person who keeps, sells, or uses a commercial weighing and measuring device shall keep and make available for examination by the department for a period of three years at a minimum the following records: (1) All invoices generated from a sale from bulk; (2) Bills of lading,…
Neb. Rev. Stat. § 89-1,102.01 Division of Weights and Measures; established.
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There is hereby established a Division of Weights and Measures under the control of the department which shall be responsible for the enforcement of the Weights and Measures Act.
Neb. Rev. Stat. § 89-1,103 Act, how construed.
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The Weights and Measures Act shall be so interpreted and construed as to effectuate the general purpose to make uniform the law of those states which have enacted corresponding provisions.
Neb. Rev. Stat. § 89-1,104 Grain moisture measuring devices; inspections; fee.
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The Public Service Commission, grain warehouse department, shall enforce the provisions of sections 89-1,104 to 89-1,108. It shall make or cause to be made all inspections and may establish tolerances and specifications for grain moisture measuring devices similar to the toleranc…
Neb. Rev. Stat. § 89-1,104.01 Moisture Testing Examination Fund; created; use; investment; State Treasurer; duties.
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The fees charged pursuant to section 89-1,104 shall be remitted by the Public Service Commission to the State Treasurer. The State Treasurer shall credit such fees to the Moisture Testing Examination Fund, which fund is hereby created. The fund shall be appropriated to the Public…
Neb. Rev. Stat. § 89-1,105 Grain moisture measuring devices; make comparative tests.
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The supervisor of the grain warehouse department of the Public Service Commission, or his or her inspectors, shall inspect, make comparative tests of, and ascertain if correct, every grain moisture measuring device used or employed in this state by any proprietor or agent, lessee…
Neb. Rev. Stat. § 89-1,106 Grain moisture measuring devices; comparative tests; sealing or marking.
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Whenever the supervisor of the grain warehouse department of the Public Service Commission, or his or her inspectors, compares grain moisture tests of the device being tested with the standard grain moisture measuring device and finds that they correspond or causes them to corres…
Neb. Rev. Stat. § 89-1,107 Grain moisture measuring devices; use in buying and selling grain; approval; violations; penalty; exception.
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Commencing September 1, 1979, any person who, by himself or by his agent or as agent of another person, shall use in buying or selling grain any grain moisture measuring device which has not been tested and approved for use by the supervisor of the grain warehouse department of t…
Neb. Rev. Stat. § 89-1,108 Grain moisture measuring devices; sections; violations; penalty.
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A person who violates sections 89-1,104 to 89-1,108 shall be guilty of a Class IIIA misdemeanor and, if a public employee, such person shall be subject to dismissal.
Neb. Rev. Stat. § 89-182.01 Act, how cited.
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Sections 89-182.01 to 89-1,103 shall be known and may be cited as the Weights and Measures Act.
Neb. Rev. Stat. § 89-183 Terms, defined.
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For purposes of the Weights and Measures Act: (1) Actual cost means all the costs associated with the enforcement of the act, including overhead, administration, personnel, and equipment expenses; (2) Certificate of Conformance means a National Type Evaluation Program Certificate…
Neb. Rev. Stat. § 89-184 Units of measurement; recognition.
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The customary units of measurement in use in the United States and the metric units of measurement are jointly recognized, and either one or both of these systems shall be used in commerce within the state. The definitions of basic units of measurement and the tables of measureme…
Neb. Rev. Stat. § 89-185 Standards; primary and secondary.
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Standards that are traceable to the United States prototype standards supplied by the federal government or approved as being satisfactory by the National Institute of Standards and Technology shall be the primary standards of measurement and shall be maintained so that they are …
Neb. Rev. Stat. § 89-186 Handbooks; adoption by reference.
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(1) The Legislature hereby adopts by reference the following: (a) The standards of the National Conference on Weights and Measures published in National Institute of Standards and Technology Handbook 44 entitled Specifications, Tolerances, and Other Technical Requirements for Wei…
Neb. Rev. Stat. § 89-186.01 Commercial weighing and measuring devices; Certificate of Conformance; required; when.
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(1) No person shall sell a commercial weighing and measuring device within the State of Nebraska unless a Certificate of Conformance has been issued for the device except when the device is exempted by subsection (6) of this section. (2) No person shall use a commercial weighing …
Neb. Rev. Stat. § 89-187 Director of Agriculture; powers; fees; administrative fees.
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For purposes of administering and enforcing the Weights and Measures Act, the director is authorized to: (1) Maintain traceability of the primary standards to the National Institute of Standards and Technology; (2) Enforce the provisions of the Weights and Measures Act; (3) Adopt…
Neb. Rev. Stat. § 89-187.01 Weighing and measuring establishment; permit required.
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A person shall not operate a weighing and measuring establishment in the State of Nebraska unless such person holds a valid permit from the department. If the permitholder has more than one location with commercial weighing and measuring devices, he or she shall have a permit for…
Neb. Rev. Stat. § 89-187.02 Permit; application; fee.
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Application for a permit to operate a weighing and measuring establishment shall be made to the director on forms prescribed and furnished by the department. Such application shall include the full name and mailing address of the applicant; the names and addresses of any partners…
Neb. Rev. Stat. § 89-187.03 Permit; placed-in-service report or inspection; denial of permit; procedure.
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Before issuing a permit to operate a weighing and measuring establishment, the director shall receive a placed-in-service report from a repairperson, who is registered with the department, or inspect each weighing and measuring device to determine whether the applicant qualifies …
Neb. Rev. Stat. § 89-187.04 Permit; placed-in-service report or inspection; when not required.
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An applicant for a permit with commercial weighing and measuring devices registered with the department shall not be required to obtain a placed-in-service report or have such devices pass a new inspection when (1) the director determines that a new inspection is not necessary an…
Neb. Rev. Stat. § 89-187.05 Permit; posting; changes requiring notice to department.
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(1) A weighing and measuring establishment which has a permanent location for commercial weighing and measuring devices shall have a valid permit posted in a conspicuous place at the establishment, and there shall not be a change in ownership, location, or business name without t…
Neb. Rev. Stat. § 89-187.06 Permit; governmental agencies; exempt.
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Weighing and measuring devices used by governmental agencies shall be exempt from the requirements of sections 89-187.01 to 89-187.05.
Neb. Rev. Stat. § 89-187.07 Permitholder; duties; disciplinary actions.
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(1) The holder of a permit issued pursuant to the Weights and Measures Act shall comply with the act, the rules and regulations adopted and promulgated pursuant to the act, and any order of the director issued pursuant to the act. The permitholder shall not interfere with the dep…
Neb. Rev. Stat. § 89-187.08 Notice or order; service; contents; hearings.
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(1) Any notice or order provided for in the Weights and Measures Act shall be personally served on the permitholder or on the person authorized by the permitholder to receive notices and orders of the department or shall be sent by certified mail, return receipt requested, to the…
Neb. Rev. Stat. § 89-188 Director; powers.
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When necessary for the enforcement of the Weights and Measures Act or the rules and regulations adopted pursuant to the act, the director may: (1) Enter any commercial premises during normal business hours, except that in the event such premises are not open to the public, the di…
Neb. Rev. Stat. § 89-192 Commodities; sale; weight, measure, count.
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Except as otherwise provided by the director, commodities in liquid form shall be sold by liquid measure or by weight and commodities not in liquid form shall be sold only by weight, by measure, or by count, so long as the method of sale provides the ability for cost comparison a…
Neb. Rev. Stat. § 89-193 Invoice; when required; contents.
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Whenever the quantity is determined for a commodity sold from bulk, except sales from bulk of less than twenty dollars and sales of motor vehicle fuel of less than one hundred dollars, an invoice shall be prepared by the person physically in control of the quantity determination …
Neb. Rev. Stat. § 89-194 Package; label; contents.
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Except as otherwise provided in the Weights and Measures Act or the rules and regulations adopted and promulgated pursuant to the act, any package kept for sale or sold shall bear on the outside of the package a definite, plain, and conspicuous declaration of: (1) The identity of…
Neb. Rev. Stat. § 89-195 Package; price per pound and total selling price; required.
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In addition to the declarations required by section 89-194, any package sold at retail being one of a lot containing random weights of the same commodity shall bear on the outside of the package a plain and conspicuous declaration of the price per pound and the total selling pric…
Neb. Rev. Stat. § 89-196 Advertisement with price; declaration of quantity and identity.
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Whenever a commodity is advertised in any manner with the price stated, there shall be closely and conspicuously associated with the price a declaration of the quantity and the identity of the commodity offered for that price. If a dual declaration is required, only the declarati…
Neb. Rev. Stat. § 89-196.01 Violations; cease and desist order; enforcement of act.
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(1) Whenever the director has reason to believe that any person has violated any provision of the Weights and Measures Act or any rule or regulation adopted and promulgated pursuant to the act, a hearing notice may be issued requiring the person to appear before the director to s…
Neb. Rev. Stat. § 89-197 Unlawful acts.
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It shall be unlawful for any person to: (1) Use in commerce any weighing and measuring device which is not correct; (2) Remove any tag, seal, or mark of a stop-use, stop-sale, hold, or removal order issued by the department from any weighing and measuring device or commodity with…
Neb. Rev. Stat. § 89-198 Restraining order or injunction; when.
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(1) In order to obtain compliance with the Weights and Measures Act, 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 the act or the rules…
Neb. Rev. Stat. § 89-199 Weighing and measuring devices; presumption.
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Whenever weighing and measuring devices exist in or about any place in which or from which buying or selling is commonly carried on, there shall be a rebuttable presumption that such weighing and measuring devices are commercial weighing and measuring devices.