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LEGISLATIVE BILL 948
Approved by the Governor March 16, 2026
Introduced by Agriculture Committee: DeKay, 40, Chairperson; Hansen, 16;
Holdcroft, 36; Kauth, 31; McKeon, 41; Storm, 23.
A BILL FOR AN ACT relating to agriculture; to amend sections 2-1091, 2-1091.02,
2-1095, 2-10,117, 2-2634, 2-3401, 2-4323, 2-4324, 49-1499.02, 81-201,
81-2,162.01, 81-2,162.02, 81-2,162.03, 81-2,162.04, 81-2,162.05,
81-2,162.06, 81-2,162.07, 81-2,162.11, 81-2,162.12, 81-2,162.13,
81-2,162.14, 81-2,162.15, 81-2,162.16, 81-2,162.17, 81-2,162.18,
81-2,162.20, 81-2,162.21, 81-2,162.22, 81-2,162.23, 81-2,162.25,
81-2,162.26, 81-2,162.27, and 81-2,162.28, Reissue Revised Statutes of
Nebraska, and section 2-958, Revised Statutes Cumulative Supplement, 2024;
to change provisions and fees under the Plant Protection and Plant Pest
Act; to provide for the transfer of funds from the Nebraska Potato
Development Fund; to change fees under the Pesticide Act; to change powers
of the Department of Agriculture relating to the Weeds of the Great Plains
book; to provide for the transfer of funds and the elimination of the Weed
Book Cash Fund; to terminate the Nebraska Poultry and Egg Resources Act;
to change the Nebraska Commercial Fertilizer and Soil Conditioner Act to
the Nebraska Commercial Fertilizer and Beneficial Substances Act; to
define and redefine terms; to provide for the use of beneficial
substances; to change and provide provisions of the Nebraska Commercial
Fertilizer and Beneficial Substances Act relating to registration of
products, package labeling, fees, distribution, and manufacturing; to
change the Fertilizers and Soil Conditioners Administrative Fund to the
Fertilizers and Beneficial Substances Administrative Fund and change
provisions relating to such fund; to eliminate references to soil
conditioners; to eliminate provisions relating to certain agricultural
associations or societies, certain qualifying organizations, the Nebraska
Dairymen's Association, the State Horticultural Society, the Nebraska
Livestock Feeders and Breeders Association, the Nebraska Home Economics
Association of Organized Agriculture, the Western Nebraska Organized
Agriculture Association, the Nebraska Poultry Improvement Association, the
Nebraska Potato Council, and certain appropriations authorization; to
eliminate obsolete provisions; to harmonize provisions; to repeal the
original sections; to outright repeal sections 2-2801, 2-2802, 2-2803,
2-2804, 2-2805, 2-2806, 2-2807, 2-2809, 2-2810, 2-2811, 2-2812, and
81-201.05, Reissue Revised Statutes of Nebraska; and to declare an
emergency.
Be it enacted by the people of the State of Nebraska,
Section 1. Section 2-958, Revised Statutes Cumulative Supplement, 2024, is
amended to read:
2-958 (1) A noxious weed control fund may be established for each control
authority, which fund shall be available for expenses authorized to be paid
from such fund, including necessary expenses of the control authority in
carrying out its duties and responsibilities under the Noxious Weed Control
Act. The weed control superintendent within the county shall (a) ascertain and
tabulate each year the approximate amount of land infested with noxious weeds
and its location in the county, (b) ascertain and prepare all information
required by the county board in the preparation of the county budget, including
actual and expected revenue from all sources, cash balances, expenditures,
amounts proposed to be expended during the year, and working capital, and (c)
transmit such information tabulated by the control authority to the county
board not later than June 1 of each year.
(2) The Noxious Weed Cash Fund is created. The fund shall consist of
proceeds raised from fees imposed for the registration of pesticides and
earmarked for the fund pursuant to section 2-2634, funds credited or
transferred pursuant to sections 2-509, 2-518, and 81-201, and 81-201.05, any
gifts, grants, or donations from any source, and any reimbursement funds for
control work done pursuant to subdivision (1)(b)(vi) of section 2-954. An
amount from the General Fund may be appropriated annually for the Noxious Weed
Control Act. The fund shall be administered and used by the director to
maintain the noxious weed control program and for expenses directly related to
the program. Until January 1, 2025, the fund may also be used to defray all
reasonable and necessary costs related to the administration of the Nebraska
Hemp Farming Act.
(3) Any money in the fund available for investment shall be invested by
the state investment officer pursuant to the Nebraska Capital Expansion Act and
the Nebraska State Funds Investment Act.
Sec. 2. Section 2-1091, Reissue Revised Statutes of Nebraska, is amended
to read:
2-1091 For the purpose of implementation or enforcement of the Plant
Protection and Plant Pest Act or any rule or regulation, the department may:
(1) Enter at reasonable times and in a reasonable manner without being
subject to any action for trespass or damages, if reasonable care is exercised,
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all property where plants are grown, packed, held prior to distribution, or
distributed for the purpose of inspecting all plants, structures, vehicles,
equipment, packing materials, containers, records, and labels on such property
or otherwise implementing or enforcing the act. The department may inspect and
examine all records and property relating to compliance with the act. Such
records and property shall be made available to the department for review at
all reasonable times;
(2) In a reasonable manner, hold for inspection and take samples of any
plants and associated materials which may not be in compliance with the act;
(3) Inspect or reinspect at any time or place any plants that are in the
state or being shipped into or through the state and treat, seize, destroy,
require treatment or destruction of, or return to the state of origin any
plants in order to inhibit or prevent the movement of plant pests throughout
the state;
(4) Obtain an inspection warrant in the manner prescribed in sections
29-830 to 29-835 from a court of record if any person refuses to allow the
department to inspect pursuant to this section;
(5) Issue a written or printed withdrawal-from-distribution order and post
signs to delineate sections not marked pursuant to subsection (3) of section
2-1095 or sections of distribution locations and to notify persons of any
withdrawal-from-distribution order when the department has reasonable cause to
believe any lot of nursery stock is being distributed in violation of the act
or any rule or regulation;
(6) Apply for a restraining order, a temporary or permanent injunction, or
a mandatory injunction against any person violating or threatening to violate
the act or the rules and regulations. The district court of the county where
the violation is occurring or is about to occur shall have jurisdiction to
grant such relief upon good cause shown. Relief may be granted notwithstanding
the existence of any other remedy at law and shall be granted without bond;
(7) Issue a quarantine or establish a quarantine area;
(8) Cooperate and enter into agreements, including harmonization plans,
with any person in order to carry out the purpose of the act;
(9) Establish a restricted plant pest list to prohibit the movement into
the state of plant pests not known to occur in Nebraska and to prohibit the
movement of those plant pests present in the state but known to be destructive
to the plant industry;
(10) Issue European corn borer quarantine certificates, phytosanitary
certificates, and export certificates on plants for individual shipment to
other states or foreign countries if those plants comply with the requirements
or regulations of such state or foreign country or issue quarantine compliance
agreements or European corn borer quarantine certification licenses;
(11) Inspect plants that any person desires to ship into another state or
country when such person has made an application to the department for such
inspection. The inspection shall determine the presence of plant pests to
determine the acceptance of the plants into other states or countries. The
department may accept the inspections of laboratories authorized by the
department or field inspectors of the department;
(12) Certify plants or property to meet the requirements of specific
quarantines imposed on Nebraska or Nebraska plants. The quarantine
certification requirements shall be set forth in the rules and regulations;
(13) Assess Until increased or decreased by rules or regulations, assess
and collect fees set forth in section 2-1091.02 for inspections, services, or
work performed in carrying out subdivisions (8) and (10) through (12) of this
section. Inspection time shall be determined based on any portion of a whole
hour and shall include the driving to and from the location of the inspection
in addition to the time spent conducting the inspection, and the mileage charge
shall be for the purpose of inspection. Any fee charged to the department
relating to such subdivisions shall be paid by the person requesting the
inspection, services, or work. The department may, for purposes of
administering such subdivisions, establish in rules and regulations inspection
requirements, standards, and issuance, renewal, or revocation of licenses,
certificates, or agreements necessitated by such subdivisions;
(14) Conduct continuing survey and detection programs on plant pests to
monitor the population or spread of plant pests;
(15) Implement programs or plans to eradicate, manage, treat, or control
plant pests;
(16) Issue, place on probation, suspend, or revoke licenses issued or
agreements entered into pursuant to the act or deny applications for such
licenses or agreements pursuant to the act; and
(17) Issue orders imposing administrative fines or cease and desist orders
pursuant to the act.
Sec. 3. Section 2-1091.02, Reissue Revised Statutes of Nebraska, is
amended to read:
2-1091.02 (1) Fees under License fees for the Plant Protection and Plant
Pest Act that are due on January 1, 2027 2014, shall be the amount in column A
of subsection (3) of this section.
(2) The license fees due January 1, 2028 2015, and each January 1
thereafter shall be set by the director on or before July 1 of each year. The
director may raise or lower such fees each year to meet the criteria in this
subsection, but the fee shall not be greater than the amount in column B of
subsection (3) of this section. The same percentage shall be applied to each
category for all fee increases or decreases. The director shall use the fees in
column A of subsection (3) of this section as a base for future fee increases
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or decreases. The director shall determine the fees based on estimated annual
revenue and fiscal year-end cash fund balances as follows:
(a) The estimated annual revenue shall not be greater than one hundred
seven percent of program cash fund appropriations allocated for the Plant
Protection and Plant Pest Act; and
(b) The estimated fiscal year-end cash fund balance shall not be greater
than seventeen percent of program cash fund appropriations allocated for the
act.
(3) License Fees.
Fees A B
Nursery stock
distributor license
as set forth in
section 2-1091.01
for the first acre $140 $180
Fee for additional acres $39 per acre $50 per acre
Inspection fees due
under section $39 per hour $50 per hour
2-1091 or 2-1095 $0.70 per mile $1.00 per mile
Phytosanitary or
export certificates
set forth in section 2-1091 $60 per certificate $106 per certificate
European corn borer
quarantine certification
license set forth in $65 per license, $80 per license,
section 2-1091 annually annually
European corn borer $25 for $35 for
certificate packet of 25 packet of 25
Quarantine compliance
agreements as set $65 per agreement, $80 per agreement,
forth in section 2-1091 annually annually
License Fees A B
Nursery stock
distributor license
as set forth in
section 2-1091.01
for the first acre $115 $140
Fee for additional acres $5.00 per acre $6.00 per acre
Distributing without 25% of the fee
obtaining a nursery per month up to
stock distributor 100% of the
license fee license fee
(4) Other fees for the Plant Protection and Plant Pest Act under
subsection (5) of this section in effect on January 1, 2014, shall be the
amount in column A of such subsection. The department may increase or decrease
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such fees by rules or regulations adopted and promulgated by the department.
Such increases shall not result in fees greater than the amount in column B of
subsection (5) of this section.
(5) Other Fees.
Other Fees A B
Certification fee for
nursery stock growing
acres as set forth in Included in
section 2-1095 license fee
Late applications for
certification of nursery $24 per hour $27 per hour
stock growing acres $0.42 per mile $0.50 per mile
Reinspections or
requested inspections $24 per hour $27 per hour
for nursery stock $0.42 per mile $0.50 per mile
Phytosanitary or $30 per certificate $40 per
export certificates and $7 for taking certificate and
set forth in an application $10 for taking
section 2-1091 by telephone an application
by telephone
Phytosanitary or
export certificate
inspections and $24 per hour $27 per hour
reinspections $0.42 per mile $0.50 per mile
European corn borer
quarantine certification
license set forth in $50 per license, $65 per license,
section 2-1091 annually annually
European corn borer $6.25 for $10.00 for
certificate packet of 25 packet of 25
Quarantine compliance
agreements as set $50 per agreement $65 per agreement
forth in section 2-1091 annually annually
Quarantine compliance
agreement inspections $24 per hour $27 per hour
and reinspections $0.42 per mile $0.50 per mile
(4) A person that is distributing without first obtaining a nursery stock
distributor license shall pay an additional fee of twenty-five percent of the
license fee that is due for each month that such person failed to obtain such
license.
(5) (6) Any fee remaining unpaid for more than one month shall be
considered delinquent and the person owing the fee shall pay an additional
administrative fee of twenty-five percent of the delinquent amount for each
month it remains unpaid, not to exceed one hundred percent of the original
amount due. The department may waive the additional administrative fee based
upon the existence and extent of any mitigating circumstances that have
resulted in the late payment of such fee. The purpose of the additional
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administrative fee is to cover the administrative costs associated with
collecting fees, and all money collected as an additional administrative fee
shall be remitted to the State Treasurer for credit to the Plant Protection and
Plant Pest Cash Fund.
Sec. 4. Section 2-1095, Reissue Revised Statutes of Nebraska, is amended
to read:
2-1095 (1) All nursery stock distributors that distribute any nursery
stock that they grow shall apply for a certification an additional inspection
for the certification of the Nebraska-grown nursery stock as provided in this
section. The nursery stock distributor shall receive apply for such
certification inspection of the Nebraska-grown nursery stock as part of the
application for the nursery stock distributor license described in section
2-1091.01.
(2)(a) Applications for certification inspection of Nebraska-grown nursery
stock that are due on January 1 pursuant to section 2-1091.01 and are not
received prior to February 1 and initial applications not received prior to
beginning of distribution shall be considered delinquent. Such applications
shall be accompanied with the have an inspection fee that is as set forth in
section 2-1091.02.
(b) Inspection time shall be determined based on any portion of a whole
hour and shall include the driving time to and from the location of the
inspection in addition to the time spent conducting the inspection, and the
mileage charge shall be for the purpose of inspection.
(3) Each nursery stock distributor shall post signs delineating sections
of all growing areas. A section shall be not larger than five acres.
(4) All growing areas within the state shall be inspected by the
department at least once per year for certification and compliance with the
Plant Protection and Plant Pest Act.
(5) Following the certification inspection of Nebraska-grown nursery
stock, the department shall provide a copy of the plant inspection report to
the nursery stock distributor specifying any area of the nursery from which
nursery stock cannot be distributed or any plants which may not be distributed
as nursery stock. When deemed necessary to maintain compliance with the
purposes of the Plant Protection and Plant Pest Act, the department shall
require the nursery stock distributor to withdraw from distribution any variety
or amount of nursery stock. A reinspection may be conducted by the department
at the nursery stock distributor's request and cost. The department may also
reinspect to determine compliance with the act. To determine the cost of any
reinspection, the department shall use fees as outlined in subsection (2) of
this section. The nursery stock distributor shall comply with the
recommendations of the department as to the treatment or destruction of nursery
stock.
(6) The department may require the treatment or destruction of any nursery
stock that is infested or infected with plant pests, nonviable, damaged, or
desiccated to the point of not being reasonably capable of growth.
(7) Any nursery stock on which a withdrawal-from-distribution order has
been issued shall be released for distribution only by authorized department
employees or after written permission has been obtained from the department.
Each nursery stock distributor shall promptly report to the department, in
writing, the amount and type of plants treated or destroyed under requirements
on withdrawal-from-distribution orders. The department may withhold a license
or certification of Nebraska-grown nursery stock until conditions have been met
by the nursery stock distributor as specified in the plant inspection report or
any other order issued by the department. A certification of Nebraska-grown
stock may be issued covering portions of the nursery which are not infested or
infected if the nursery stock distributor agrees to treat, destroy, or remove
as specified by the department those plants found to be infested or infected.
Sec. 5. Section 2-10,117, Reissue Revised Statutes of Nebraska, is amended
to read:
2-10,117 All money received from any source pursuant to the Plant
Protection and Plant Pest Act shall be remitted by the department to the State
Treasurer and by the State Treasurer credited to the Plant Protection and Plant
Pest Cash Fund which is hereby created. The fund also shall include funds
transferred pursuant to section 81-201.05. The fund shall be used by the
department to aid in defraying the expenses of administering the act. Any money
in the fund available for investment shall be invested by the state investment
officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State
Funds Investment Act. The State Treasurer shall transfer any money in the
Nebraska Potato Development Fund upon the termination of such fund to the Plant
Protection and Plant Pest Cash Fund.
Sec. 6. Section 2-2634, Reissue Revised Statutes of Nebraska, is amended
to read:
2-2634 (1) As a condition to registration or renewal of registration as
required by sections 2-2628 to 2-2633, an applicant shall pay to the department
a fee of two hundred one hundred sixty dollars for each pesticide to be
registered, except that the fee may be increased or decreased by rules and
regulations adopted and promulgated pursuant to the Pesticide Act. In no event
shall such fee exceed two hundred fifty two hundred ten dollars for each
pesticide to be registered.
(2) All fees collected under subsection (1) of this section shall be
remitted to the State Treasurer for credit as follows:
(a) Fifty Thirty dollars of such fee to the Noxious Weed Cash Fund as
provided in section 2-958;
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(b) Fifty dollars of such fee to the Buffer Strip Incentive Fund as
provided in section 2-5106;
(c) Fifty-five dollars of such fee to the Natural Resources Water Quality
Fund; and
(d) The remainder of such fee to the Pesticide Administrative Cash Fund.
(3) If a person fails to apply for renewal of registration before January
1 of any year, such person, as a condition to renewal, shall pay a late
registration fee equal to twenty-five percent of the fee due and owing per
month, not to exceed one hundred percent, for each product to be renewed in
addition to the renewal fee. The purpose of the late registration fee is to
cover the administrative costs associated with collecting fees, and all money
collected as a late registration fee shall be remitted to the State Treasurer
for credit to the Pesticide Administrative Cash Fund.
Sec. 7. Section 2-3401, Reissue Revised Statutes of Nebraska, is amended
to read:
2-3401 Sections 2-3401 to 2-3416 shall be known and may be cited as the
Nebraska Poultry and Egg Resources Act. The Nebraska Poultry and Egg Resources
Act terminates on December 31, 2027.
Sec. 8. Section 2-4323, Reissue Revised Statutes of Nebraska, is amended
to read:
2-4323 (1) Every retailer licensee shall file, not later than the last day
of January and July of each year, a semiannual tonnage report on forms provided
by the department, setting forth the number of net tons of each agricultural
liming material sold in Nebraska during the preceding six-month period, which
report shall cover the periods from July 1 to December 31 and January 1 to June
30, and such other information as the director shall deem necessary. All
persons required to be licensed pursuant to the Agricultural Liming Materials
Act shall file such report regardless of whether any inspection fee is due.
Upon filing the report, such person shall pay the inspection fee at the rate
prescribed pursuant to this section. The inspection fee shall be at the rate
fixed by the director but not exceeding ten cents per ton. The fee shall be set
at an amount to cover the expenses of the inspection provided in section 2-4325
and the costs of administering this section. The minimum inspection fee
required pursuant to this section shall be five dollars, and no inspection fee
shall be paid more than once for any one product. In the case of agricultural
lime slurry, the fee shall be paid on the base lime material only.
(2) If a person fails to report and pay the fee required by subsection (1)
of this section by January 31 and July 31, the fee shall be considered
delinquent and the person owing the fee shall pay an additional administrative
fee of twenty-five percent of the delinquent amount for each month it remains
unpaid, not to exceed one hundred percent of the original amount due. The
department may waive the additional administrative fee based upon the existence
and extent of any mitigating circumstances that have resulted in the late
payment of such fee. The purpose of the additional administrative fee is to
cover the administrative costs associated with collecting fees, and all money
collected as an additional administrative fee shall be remitted to the State
Treasurer for credit to the Fertilizers and Beneficial Substances Soil
Conditioners Administrative Fund. Failure to make an accurate statement of
tonnage or to pay the inspection fee or comply as provided in this subsection
shall constitute sufficient cause for the cancellation of all product
registrations or licenses on file for such person.
(3) The director shall annually make information available in such form as
he or she may deem proper concerning the tons of agricultural liming material
sold in this state. Such report shall in no way divulge the operation of any
registrant or licensee.
Sec. 9. Section 2-4324, Reissue Revised Statutes of Nebraska, is amended
to read:
2-4324 All fees paid to the department pursuant to the Agricultural Liming
Materials Act shall be remitted to the State Treasurer for credit to the
Fertilizers and Beneficial Substances Soil Conditioners Administrative Fund.
All money credited to the fund shall be used by the department to aid in
defraying expenses of administering the Agricultural Liming Materials Act and
the Nebraska Commercial Fertilizer and Beneficial Substances Soil Conditioner
Act.
Sec. 10. Section 49-1499.02, Reissue Revised Statutes of Nebraska, is
amended to read:
49-1499.02 (1) An official or employee of the executive branch of state
government who would be required to take any action or make any decision in the
discharge of his or her official duties that may cause financial benefit or
detriment to him or her, a member of his or her immediate family, or a business
with which he or she is associated, which is distinguishable from the effects
of such action on the public generally or a broad segment of the public, shall
take the following actions as soon as he or she is aware of such potential
conflict or should reasonably be aware of such potential conflict, whichever is
sooner:
(a) Prepare a written statement describing the matter requiring action or
decision and the nature of the potential conflict; and
(b) Deliver a copy of the statement to the commission and to his or her
immediate superior, if any, who shall assign the matter to another. If the
immediate superior does not assign the matter to another or if there is no
immediate superior, the official or employee shall take such action as the
commission shall advise or prescribe to remove himself or herself from
influence over the action or decision on the matter.
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(2) This section does not prevent such a person from (a) making or
participating in the making of a governmental decision to the extent that the
individual's participation is legally required for the action or decision to be
made or (b) making or participating in the making of a governmental decision if
the potential conflict of interest is based upon a business association and the
business association exists only as the result of his or her position on a
commodity board. A person acting pursuant to subdivision (a) of this subsection
shall report the occurrence to the commission.
(3) For purposes of this section, commodity board means only the
following:
(a) Corn Development, Utilization, and Marketing Board;
(b) Nebraska Dairy Industry Development Board;
(c) Grain Sorghum Development, Utilization, and Marketing Board;
(d) Nebraska Wheat Development, Utilization, and Marketing Board;
(e) Dry Bean Commission;
(f) Nebraska Potato Development Committee;
(g) Prior to January 1, 2028, Nebraska Poultry and Egg Development,
Utilization, and Marketing Committee; and
(h) Dry Pea and Lentil Commission.
Sec. 11. Section 81-201, Reissue Revised Statutes of Nebraska, is amended
to read:
81-201 The Department of Agriculture may: shall have power
(1) Encourage to encourage and promote, in every practicable manner, the
interest of agriculture;
(2) Promote to promote methods of conducting the industry of agriculture
with a view to increasing the production and facilitating the distribution
thereof at the least cost;
(3) Collect to collect and publish statistics relating to the production
and marketing of agricultural products, so far as such statistical information
may be of value to the agricultural and allied interests of the state, and to
cooperate with the federal government in the matter of collecting and
publishing such statistical information;
(4) Distribute or dispose of any remaining to publish and distribute the
Weeds of the Great Plains books book and supplemental inserts thereto that are
in the possession of the department. By January 1, 2027, the State Treasurer
shall transfer all money in the Weed Book Cash Fund to the Noxious Weed Cash
Fund. , for sale and distribution to the public. All money collected from the
sale of the publications shall be remitted to the State Treasurer and credited
to the Noxious Weed Cash Fund as provided in section 81-201.05;
(5) Inquire to inquire into the causes of contagious, infectious, and
communicable diseases among domestic animals and the means for the prevention
and cure of the same;
(6) Execute to execute and enforce all laws relating to matters within its
jurisdiction and to adopt necessary rules and regulations for the
administration and enforcement of such laws;
(7) Employ to employ special investigators who shall be appointed deputy
state sheriffs by the Governor and who shall, upon qualifying for such office,
possess all the powers which attach to such office, except that their powers
and duties shall be restricted to the enforcement of the laws of the State of
Nebraska within the jurisdiction of the Department of Agriculture;
(8) Perform to perform laboratory testing services as provided in section
81-2,293; and
(9) Enforce to enforce the Foreign-owned Real Estate National Security
Act.
Sec. 12. Section 81-2,162.01, Reissue Revised Statutes of Nebraska, is
amended to read:
81-2,162.01 The Nebraska Commercial Fertilizer and Beneficial Substances
Soil Conditioner Act shall be administered by the Director of Agriculture.
Sec. 13. Section 81-2,162.02, Reissue Revised Statutes of Nebraska, is
amended to read:
81-2,162.02 For purposes of the Nebraska Commercial Fertilizer and
Beneficial Substances Soil Conditioner 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 one species of plant. Beneficial substance:
(a) Includes any plant biostimulant, soil amendment, chemical or
biological substance that is beneficial to any plant and growing environment of
such plant; and
(b) Does not include any primary or secondary nutrient for plants, plant
micronutrient, pesticide, unmanipulated animal or plant manure, or commercial
fertilizer;
(2) Bulk means nonpackaged; (1) Director means the Director of Agriculture
or his or her duly authorized agent;
(2) Department means the Department of Agriculture;
(3) Commercial fertilizer means any formula or product distributed for
further distribution or ultimate use as a plant nutrient, intended to promote
plant growth, containing one or more plant nutrients recognized by the
Association of American Plant Food Control Officials in its official
publication. The term commercial fertilizer shall not be deemed to include
unmanipulated animal and vegetable manures but shall be deemed to include both
finished products and fertilizer ingredients capable of being used in the
formulation of a finished product;
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(4) Bulk means nonpackaged;
(4) (5) Custom-blended product means any individually compounded
commercial fertilizer or beneficial substance that is soil conditioner mixed,
blended, offered for sale, or sold in Nebraska to a person's specifications,
when such person is the ultimate consumer, if the ingredients used in such
product which are subject to the registration requirements of section
81-2,162.03 have been so registered;
(5) Department means the Department of Agriculture;
(6) Director means the Director of Agriculture or his or her duly
authorized agent;
(7) (6) Distribute means to offer for sale, sell, barter, or otherwise
supply commercial fertilizers or beneficial substances soil conditioners;
(8) (7) Fineness means the percentage of weight of the material which will
pass United States standard sieves of specified sizes;
(9) (8) Grade means the percentage of total nitrogen, available phosphate,
and soluble potash;
(10) (9) Label means a display of written, printed, or other graphic
matter upon the container in which a commercial fertilizer or beneficial
substance soil conditioner is distributed, or a statement accompanying such
product;
(11) (10) Labeling means the label and all other written, printed, or
graphic matter accompanying the commercial fertilizer or beneficial substance
soil conditioner at any time or to which reference is made on the label;
(12) Microorganism means any microbiological organism or mixture of
microbiological organisms that is intended to produce any physical, chemical,
biochemical, or biological change, or any other change, in soil and is
recognized by the Association of American Plant Food Control Officials in its
official publication;
(13) (11) Official sample means any sample of commercial fertilizer or
beneficial substance soil conditioner taken by the director or his or her
agent;
(12) Product means both commercial fertilizers and soil conditioners;
(13) Ton means a net weight of two thousand pounds avoirdupois;
(14) Percent or percentage means the percentage by weight;
(15) Person includes individual, cooperative, partnership, limited
liability company, association, firm, and corporation;
(16) Product means both commercial fertilizers and beneficial substances;
(17) (16) Sell or sale includes exchange;
(18) (17) Soil conditioner means any formula or product distributed,
except unmanipulated animal and vegetable manures, which, when added to the
soil, is intended to (a) change the physical condition of the soil or (b)
produce a favorable growth, yield, or quality of crops or other soil
characteristics but shall not mean a commercial fertilizer, a pesticide as
defined in the Pesticide Act, or an agricultural liming material as defined in
the Agricultural Liming Materials Act; and
(19) (18) Specialty product means a product for nonfarm use; and .
(20) Ton means a net weight of two thousand pounds avoirdupois.
Sec. 14. Section 81-2,162.03, Reissue Revised Statutes of Nebraska, is
amended to read:
81-2,162.03 (1) Prior to January 1, 2027, each 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 the product
into or within this state shall be responsible for compliance with the product
registration requirements of this section. The application for registration
shall be submitted to the director on forms prescribed furnished by the
director and shall be accompanied by one copy two copies of the labeling for
such product and a fee of fifty dollars per product. If the product is approved
by the director, the department shall notify the applicant of such approval .
Upon approval by the director, a copy of the registration shall be furnished to
the applicant. All registrations shall expire on December 31 of each year. The
application shall include the following information:
(a) The name and principal address of the person registering the product;
(b) The name and principal address of the person guaranteeing the product,
if different than the registrant;
(c) The name and principal address of the person manufacturing the
product, if different than the registrant;
(d) The name and principal address of the person whose name appears on the
label, if different than the registrant;
(e) The name of the product, including any term, design, trademark, or
chemical designation used in connection with the product; and
(f)(i) For beneficial substances, the (f) The percentage of every
ingredient present; and in each soil conditioner.
(ii) For commercial fertilizers, the percentage of every nutrient
guarantee.
(2) Custom-blended products shall be exempt from the requirements of this
section, except that such products shall bear a tag or invoice stating the name
and principal address of the manufacturer, the name and address of the
purchaser, and the net weight or measure and the composition of the product by
weight or percentage of ingredients used, and a duplicate copy of such
information shall be kept by the manufacturer for use by the department for
sampling and inspection purposes. All ingredients shall be subject to the
inspection fee requirements of section 81-2,162.06 except those ingredients
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brought to the manufacturer by the ultimate user for custom blending.
(3) A product shall not be required to be registered under this section
when the director knows, or has reason to know, that such product is currently
registered pursuant to this section. The director shall consider two or more
products to be the same product only if the characteristics of the products
described under subdivisions (b) through (f) of subsection (1) of this section
are the same.
Sec. 15. Section 81-2,162.04, Reissue Revised Statutes of Nebraska, is
amended to read:
81-2,162.04 (1) Beginning on and after January 1, 2027, any Any packaged
beneficial substance soil conditioner 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 information required by subdivisions (1)(c) and (d) of section
81-2,162.03, (c) the total percentage of all active ingredients in the
beneficial substance soil conditioner, (d) the identification and percentage of
each individual active ingredient, (e) the total percentage of the inactive
ingredients, (f) the identification and percentage of each individual inactive
ingredient which comprises more than two percent of the entire beneficial
substance soil conditioner, and (g) under a category entitled other inactive
ingredients, the total percentage of the remaining inactive ingredients which
individually do not comprise two percent or more of the beneficial substance,
and (h) for any product that claims to contain any microorganism, the
expiration date for use of the product and any required storage conditions for
the product soil conditioner.
(2) If any beneficial substance soil conditioner is distributed in bulk, a
written or printed statement of the weight and the information required by
subdivisions (1)(c) and (d) of section 81-2,162.03 and by subdivisions (1)(c)
through (h) (g) of this section shall accompany delivery and be supplied to the
purchaser.
(3) Whenever a beneficial substance soil conditioner is so comprised as to
be recognized by a name commonly understood by ordinary individuals, such name
shall be prominently and conspicuously displayed on the label.
(4) Notwithstanding any other provision of the Nebraska Commercial
Fertilizer and Beneficial Substances Soil Conditioner Act, any beneficial
substance that soil conditioner which is also a pesticide, labeled in
conformance with the Pesticide Act, shall be deemed to be labeled in
conformance with the Nebraska Commercial Fertilizer and Beneficial Substances
Soil Conditioner Act.
Sec. 16. Section 81-2,162.05, Reissue Revised Statutes of Nebraska, is
amended to read:
81-2,162.05 (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 manufacturer or distributor;
(c) The name of the product, including any term, design, trademark, or
chemical designation used in connection with the product;
(d) The guaranteed analysis showing the minimum percentage of plant
nutrients claimed in the following order and form:
Total Nitrogen.....percent
Ammoniacal Nitrogen
(Specialty products only).....percent
Nitrate Nitrogen
(Specialty products only).....percent
Water Insoluble Nitrogen
(Specialty products only).....percent
Available Phosphate (P2O5).....percent
Soluble Potash (K2O).....percent
Unacidulated mineral phosphatic materials and basic slag shall be
guaranteed as to both total available phosphate and the degree of fineness.
Plant nutrients, other than nitrogen, phosphorus, and potassium, shall be
guaranteed when present in significant quantities as determined by the
director. Such , which guarantees shall be expressed in elemental form. The
director may also request that the sources of such nutrients be included on the
label . Other beneficial substances, determinable by chemical methods, may be
guaranteed only by permission of the director by and with the advice of the
University of Nebraska Institute of Agriculture and Natural Resources;
(e) The sources from which the nitrogen, available phosphate (P2O5), and
potash (K2O) are derived; and
(f) The grade stated in whole numbers in the same terms, order, and
percentages as in the guaranteed analysis, except as follows:
(i) Specialty products may be guaranteed in fractional units of less than
one percent of the total nitrogen, available phosphate, and soluble potash; and
(ii) The director may allow types of fertilizer materials, bone meal, or
manures to be guaranteed in fractional units.
(2) If distributed in bulk, a written or printed statement of the
information required by subdivisions (a), (b), (c), and (d) of subsection (1)
of this section shall accompany delivery and be supplied to the purchaser.
(3) Whenever a commercial fertilizer is so comprised as to be recognized
by a name commonly understood by ordinary individuals, such name shall be
prominently and conspicuously displayed on the label.
(4) Custom-blended products shall bear a tag or invoice stating the name
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and principal address of the manufacturer, the name and address of the
purchaser, and the net weight or measure and the composition of the product by
weight or percentage of ingredients used. A duplicate copy of such information
shall be kept by the manufacturer for use by the department for sampling and
inspection purposes.
Sec. 17. Section 81-2,162.06, Reissue Revised Statutes of Nebraska, is
amended to read:
81-2,162.06 (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 fertilizers and
beneficial substances.
(b) Such inspection fee shall be paid by the person distributing the
product to the ultimate user. (1) There shall be paid to the director, for all
commercial fertilizers and soil conditioners distributed in this state to the
ultimate user, except custom-blended products, an inspection fee at the rate
fixed by the director but not exceeding fifteen cents per ton. The fee shall be
paid by the person distributing the product to the ultimate user.
(2) The director may increase or decrease the inspection fee each July 1,
but such fee shall not exceed the maximum rate established in subsection (1) of
this section. The director shall determine the fee based on the estimated
annual revenue and fiscal year-end fund balance determined as follows:
(a) The estimated annual revenue shall not be greater than one hundred
seven percent of the program cash fund appropriations allocated for the
Nebraska Commercial Fertilizer and Beneficial Substances Soil Conditioner Act;
and
(b) The estimated fiscal year-end cash fund balance shall not be greater
than seventeen percent of the program cash fund appropriations allocated for
the Nebraska Commercial Fertilizer and Beneficial Substances Soil Conditioner
Act.
(3) Payment of the inspection fee shall be evidenced by a statement made
with documents showing that fees corresponding to the tonnage were received by
the director.
(4)(a) Prior to January 1, 2027, every (4) Every person who distributes
any commercial fertilizer or soil conditioners to the ultimate user in this
state shall file, not later than July 31, 2026, and December 31, 2026 the last
day of January and July of each year, a semiannual tonnage report on forms
provided by the department setting forth the number of net tons of commercial
fertilizer and beneficial substances soil conditioners distributed in this
state during the preceding six-month period, which report shall cover the
periods from July 1 to December 31 and January 1 to June 30, and such other
information as the director shall deem necessary.
(b) Beginning on and after January 1, 2027, any person who distributes any
commercial fertilizer or beneficial substance to the ultimate user in this
state shall file, not later than July 31, 2027, and each July 31 thereafter,
and January 31, 2028, and January 31 of each year thereafter, a semiannual
tonnage report on forms provided by the department setting forth the number of
net tons of commercial fertilizer and beneficial substances distributed in this
state during the preceding six-month period and such other information as the
director deems necessary.
(c) All persons required to be licensed pursuant to the Nebraska
Commercial Fertilizer and Beneficial Substances Soil Conditioner Act shall file
such report regardless of whether any inspection fee is due. Upon filing the
report, such person shall pay the inspection fee at the rate prescribed
pursuant to subsection (1) of this section. The minimum inspection fee required
pursuant to this section shall be ten five dollars, and no inspection fee shall
be paid more than once for any one product.
(5) If a person fails to report and pay the fee required by subsection (4)
of this section by January 31 and July 31, the fee shall be considered
delinquent and the person owing the fee shall pay an additional administrative
fee of twenty-five percent of the delinquent amount for each month it remains
unpaid, not to exceed one hundred percent of the original amount due. The
department may waive the additional administrative fee based upon the existence
and extent of any mitigating circumstances that have resulted in the late
payment of such fee. The purpose of the additional administrative fee is to
cover the administrative costs associated with collecting fees and all money
collected as an additional administrative fee shall be remitted to the State
Treasurer for credit to the Fertilizers and Beneficial Substances Soil
Conditioners Administrative Fund. Failure to make an accurate statement of
tonnage or to pay the inspection fee or comply as provided in this subsection
shall constitute sufficient cause for the cancellation of all product
registrations, licenses, or both on file for such person.
(6) No information furnished to the department under this section shall be
disclosed in such a way as to reveal the operation of any person.
Sec. 18. Section 81-2,162.07, Reissue Revised Statutes of Nebraska, is
amended to read:
81-2,162.07 (1) To enforce the Nebraska Commercial Fertilizer and
Beneficial Substances Soil Conditioner 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 is fertilizers and soil
conditioners are manufactured, processed, packed, transported, or held for
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distribution during normal business hours, except that in the event that any
such location or vehicle is such locations and vehicles are not open to the
public, the director shall present his or her credentials and obtain consent
before making entry to such location or vehicle thereto unless a search warrant
has previously been obtained. Credentials shall not be required for each entry
made during the period covered by the inspection. The person in charge of the
location or vehicle shall be notified of the completion of the inspection. If
the owner of such location or vehicle or his or her agent refuses to admit the
director to inspect pursuant to this section, the director may obtain a search
warrant from a court of competent jurisdiction directing such owner or agent to
submit the location, vehicle, or both as described in such search warrant to
inspection;
(b) Inspect any location or vehicle described in this subsection, all
pertinent equipment, finished and unfinished materials, containers and
labeling, all records, books, papers, and documents relating to the
distribution and production of commercial fertilizers and beneficial substances
soil conditioners, and other information necessary for the enforcement of the
act;
(c) Obtain samples of commercial fertilizers and beneficial substances
soil conditioners. The owner, operator, or agent in charge shall be given a
receipt describing the samples obtained; and
(d) Make analyses of and test samples obtained pursuant to subdivision (c)
of this subsection to determine whether such commercial fertilizers and
beneficial substances soil conditioners are in compliance with the act.
For purposes of this subsection, location shall include a factory,
warehouse, or establishment.
(2) Sampling and analysis shall be conducted in accordance with methods
published by the AOAC International or in accordance with other generally
recognized methods.
(3) The director, in determining for administrative purposes whether any
product is deficient in plant nutrients, shall be guided solely by the official
sample as defined in subdivision (11) of section 81-2,162.02 and obtained and
analyzed as provided for in subsection (2) of this section.
(4) The results of official analysis of any official sample shall be
forwarded by the director to the person named on the label when the official
sample is not in compliance with the act or the rules and regulations adopted
pursuant to the act. Upon request made within ninety days of the analysis, the
director shall furnish to the person named on the label a portion of the
official sample. Following expiration of the ninety-day period, the director
may dispose of such sample.
Sec. 19. Section 81-2,162.11, Reissue Revised Statutes of Nebraska, is
amended to read:
81-2,162.11 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 soil conditioners and a report of the
results of the analysis based on official samples of commercial fertilizers and
beneficial substances soil conditioners distributed within the state as
compared with the analyses guaranteed under the provisions of the Nebraska
Commercial Fertilizer and Beneficial Substances Soil Conditioner Act.
Sec. 20. Section 81-2,162.12, Reissue Revised Statutes of Nebraska, is
amended to read:
81-2,162.12 For the enforcement of the Nebraska Commercial Fertilizer and
Beneficial Substances Soil Conditioner 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
substances soil conditioners as he or she may find necessary to carry into
effect the full intent and meaning of the act.
Sec. 21. Section 81-2,162.13, Reissue Revised Statutes of Nebraska, is
amended to read:
81-2,162.13 The director is authorized and empowered to cancel the
registration or license of any person manufacturing or distributing any
commercial fertilizer or beneficial substance soil conditioner or to refuse to
register any beneficial substance soil conditioner upon satisfactory evidence
that the registrant, licensee, or guarantor has used fraudulent or deceptive
practices in the evasions or attempted evasions of the provisions of the
Nebraska Commercial Fertilizer and Beneficial Substances Soil Conditioner Act
or any rules and regulations promulgated thereunder. No license or registration
shall be revoked or refused until the registrant, licensee, or guarantor has
been given the opportunity to appear for a hearing before the director.
Sec. 22. Section 81-2,162.14, Reissue Revised Statutes of Nebraska, is
amended to read:
81-2,162.14 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 soil conditioner and may require
the owner or custodian to hold any lot at a designated place when the director
has reason to believe the product is being offered or exposed for sale in
violation of any of the provisions of the Nebraska Commercial Fertilizer and
Beneficial Substances Soil Conditioner Act until the law has been complied with
and such product is released in writing by the director or the violation has
been otherwise legally disposed of by written authority. The director shall
release the product so withdrawn when the requirements of the act have been
complied with and all costs and expenses incurred in connection with the
withdrawal have been paid.
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Sec. 23. Section 81-2,162.15, Reissue Revised Statutes of Nebraska, is
amended to read:
81-2,162.15 Any lot of commercial fertilizer or beneficial substance soil
conditioner not in compliance with the provisions of the Nebraska Commercial
Fertilizer and Beneficial Substances Soil Conditioner Act shall be subject to
seizure on complaint of the director to a court of competent jurisdiction in
the area in which such product is located. In the event the court finds such
product to be in violation of the provisions of such act and orders the
condemnation of such product, it shall be disposed of in any manner consistent
with the quality of the product and the laws of the state. In no instance shall
the disposition of such product be ordered by the court without first giving
the claimant an opportunity to apply to the court for release of such product
or for permission to process or relabel such product to bring it into
compliance with the provisions of the act.
Sec. 24. Section 81-2,162.16, Reissue Revised Statutes of Nebraska, is
amended to read:
81-2,162.16 If it shall appear from the examination of any commercial
fertilizer or beneficial substance soil conditioner that any of the provisions
of the Nebraska Commercial Fertilizer and Beneficial Substances Soil
Conditioner Act or the rules and regulations issued thereunder have been
violated, the director shall cause notice of the violations to be given to the
person from whom the sample was taken. Any person so notified shall be given
opportunity to be heard under such rules and regulations as may be prescribed
by the director. If it appears after such hearing, either in the presence or
absence of the person so notified, that any of the provisions of the act or
rules and regulations issued thereunder have been violated, the director may
certify the facts to the county attorney of the county in which the violation
occurred or to the Attorney General, as the case may be.
Sec. 25. Section 81-2,162.17, Reissue Revised Statutes of Nebraska, is
amended to read:
81-2,162.17 Any person violating any provisions of the Nebraska Commercial
Fertilizer and Beneficial Substances Soil Conditioner 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 duty pursuant to the act, shall be guilty of a Class II misdemeanor.
Sec. 26. Section 81-2,162.18, Reissue Revised Statutes of Nebraska, is
amended to read:
81-2,162.18 Nothing in the Nebraska Commercial Fertilizer and Beneficial
Substances Soil Conditioner 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 be
best served by a suitable notice of warning in writing.
Sec. 27. Section 81-2,162.20, Reissue Revised Statutes of Nebraska, is
amended to read:
81-2,162.20 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 Soil Conditioner Act, or any
rules or regulations promulgated under the act, notwithstanding the existence
of other remedies at law. The injunction shall be issued without bond.
Sec. 28. Section 81-2,162.21, Reissue Revised Statutes of Nebraska, is
amended to read:
81-2,162.21 Nothing in the Nebraska Commercial Fertilizer and Beneficial
Substances Soil Conditioner Act shall be construed to restrict or avoid sales
or exchanges of commercial fertilizers or beneficial substances soil
conditioners to each other by importers, manufacturers, or manipulators who mix
commercial fertilizers or beneficial substances soil conditioners for sale or
as preventing the free and unrestricted shipments of commercial fertilizers and
beneficial substances soil conditioners to manufacturers or manipulators who
have met the provisions of the act.
Sec. 29. Section 81-2,162.22, Reissue Revised Statutes of Nebraska, is
amended to read:
81-2,162.22 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 Soil
Conditioner Act.
Sec. 30. Section 81-2,162.23, Reissue Revised Statutes of Nebraska, is
amended to read:
81-2,162.23 (1) No person shall manufacture or distribute any commercial
fertilizer or beneficial substance fertilizers or soil conditioners in this
state unless such person holds a valid license for each manufacturing and
distribution facility in this state where such person manufactures or
distributes such commercial fertilizer or beneficial substance . Any out-of-
state manufacturer or distributor who has no distribution facility within this
state shall obtain a license for his or her principal out-of-state office if he
or she markets or distributes any commercial fertilizer or beneficial substance
soil conditioners in the State of Nebraska.
(2) An applicant for a license shall make application to the department on
forms furnished by the department. Application forms shall be submitted to the
department accompanied by an annual license fee of twenty-five fifteen dollars.
Licenses shall be renewed on or before January 1 of each year.
(3) A copy of the valid license shall be posted in a conspicuous place in
each manufacturing or distribution facility.
(4) Persons distributing custom-blended products shall maintain records of
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purchase orders received for custom-blended products from the date such orders
are received until such products are distributed, which records shall be
sufficient to show the product ordered, date of such order, purchaser, and
quantity of product ordered.
(5) The provisions of this section shall not apply to any retail store
which sells or offers for sale less than a five-ton volume of commercial
fertilizer or beneficial substances soil conditioners annually.
Sec. 31. Section 81-2,162.25, Reissue Revised Statutes of Nebraska, is
amended to read:
81-2,162.25 No person shall distribute any misbranded commercial
fertilizer or beneficial substance fertilizers or soil conditioners . A
commercial fertilizer or beneficial substance soil conditioner 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 commercial fertilizer or
beneficial substance soil conditioner;
(3) It is not labeled as required by the Nebraska Commercial Fertilizer
and Beneficial Substances Soil Conditioner Act or the rules and regulations
adopted and promulgated under the act;
(4) It purports to be or is represented as a commercial fertilizer or
beneficial substance soil conditioner or as containing an ingredient, for which
a definition of identity or standard of quality has been prescribed by rules
and regulations adopted and promulgated by regulation of the department, unless
it conforms to such definition and standard; or
(5) Any word, statement, or other information required by the act or the
rules and regulations adopted and promulgated under the act to appear on the
label is not prominently displayed with such conspicuousness, as compared with
other words, statements, designs, or devices, on the label, and in such terms
as to render it likely to be read and understood by an individual under
customary conditions of purchase and use.
Sec. 32. Section 81-2,162.26, Reissue Revised Statutes of Nebraska, is
amended to read:
81-2,162.26 No person shall distribute any adulterated commercial
fertilizer or beneficial substance fertilizers or soil conditioners . A
commercial fertilizer or beneficial substance soil conditioner shall be deemed
to be adulterated if:
(1) It contains any toxic materials, other than pesticides registered
pursuant to law, in quantities injurious to plant or animal health;
(2) Any valuable constituent has been in whole or in part omitted or
subtracted therefrom or any less valuable substance substituted therefor;
(3) Its composition or quality falls below or differs from that which it
is purported or is represented to possess by its label;
(4) Warning statements or directions for use, as prescribed by the
director to be shown on the label, are not displayed thereon; or
(5) It contains amounts of crop seed, weed seed, or other foreign
materials in excess of tolerances as may be adopted and promulgated established
by rules and regulations of the department.
Sec. 33. Section 81-2,162.27, Reissue Revised Statutes of Nebraska, is
amended to read:
81-2,162.27 (1) All money received under the Nebraska Commercial
Fertilizer and Beneficial Substances Soil Conditioner Act and the Agricultural
Liming Materials Act shall be remitted to the State Treasurer for credit to the
Fertilizers and Beneficial Substances Soil Conditioners Administrative Fund.
(2) The Fertilizers and Beneficial Substances Administrative Fund , which
fund is hereby created. Money in the fund so received shall be used by the
department for defraying the expenses of administering the Nebraska Commercial
Fertilizer and Beneficial Substances Soil Conditioner Act, and the Agricultural
Liming Materials Act , and any other plant health program that is administered
by the department. The fund may also be used to defray costs incurred by the
department directly related to administrative and budgetary support of the
Healthy Soils Task Force pursuant to sections 2-401 to 2-404, except that no
more than ten thousand dollars may be expended by the department from the fund
for such purpose. Transfers may be made from the fund to the General Fund at
the direction of the Legislature. The State Treasurer shall transfer two
hundred seventy-five thousand dollars from the Fertilizers and Soil
Conditioners Administrative Fund to the General Fund on or before June 30,
2019, on such dates and in such amounts as directed by the budget administrator
of the budget division of the Department of Administrative Services.
(3) (2) Any unexpended balance in the Fertilizers and Beneficial
Substances Soil Conditioners Administrative Fund at the close of any biennium
shall, when reappropriated, be available for the uses and purposes of the fund
for the succeeding biennium. Any money in the fund available for investment
shall be invested by the state investment officer pursuant to the Nebraska
Capital Expansion Act and the Nebraska State Funds Investment Act.
Sec. 34. Section 81-2,162.28, Reissue Revised Statutes of Nebraska, is
amended to read:
81-2,162.28 The Nebraska Commercial Fertilizer and Beneficial Substances
Soil Conditioner 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 of any fertilizer or beneficial substance and soil conditioners. No
political subdivision shall prohibit or in any other manner regulate any matter
relating to the registration, labeling, or sale of any fertilizer or beneficial
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substance and soil conditioners. No political subdivision shall prohibit or in
any other manner regulate any matter relating to the storage, transportation,
distribution, notification of use, or use that is in addition to or in conflict
with the Nebraska Commercial Fertilizer and Beneficial Substances Soil
Conditioner Act and any rules and regulations adopted and promulgated
thereunder. Nothing in this section shall be construed to preempt or otherwise
limit the authority of any city or county to adopt and enforce zoning
regulations or any natural resources district to enforce the Nebraska Ground
Water Management and Protection Act.
Sec. 35. Original sections 2-1091, 2-1091.02, 2-1095, 2-10,117, 2-2634,
2-3401, 2-4323, 2-4324, 49-1499.02, 81-201, 81-2,162.01, 81-2,162.02,
81-2,162.03, 81-2,162.04, 81-2,162.05, 81-2,162.06, 81-2,162.07, 81-2,162.11,
81-2,162.12, 81-2,162.13, 81-2,162.14, 81-2,162.15, 81-2,162.16, 81-2,162.17,
81-2,162.18, 81-2,162.20, 81-2,162.21, 81-2,162.22, 81-2,162.23, 81-2,162.25,
81-2,162.26, 81-2,162.27, and 81-2,162.28, Reissue Revised Statutes of
Nebraska, and section 2-958, Revised Statutes Cumulative Supplement, 2024, are
repealed.
Sec. 36. The following sections are outright repealed: Sections 2-2801,
2-2802, 2-2803, 2-2804, 2-2805, 2-2806, 2-2807, 2-2809, 2-2810, 2-2811, 2-2812,
and 81-201.05, Reissue Revised Statutes of Nebraska.
Sec. 37. Since an emergency exists, this act takes effect when passed and
approved according to law.
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