89-196.01 – Violations; cease and desist order; enforcement of act.
89-196.01. Violations; cease and desist order; enforcement of act. (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 […]
89-197 – Unlawful acts.
89-197. Unlawful acts. 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 without specific written authorization […]
89-198 – Restraining order or injunction; when.
89-198. Restraining order or injunction; when. (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 and regulations […]
89-199 – Weighing and measuring devices; presumption.
89-199. Weighing and measuring devices; presumption. 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. Source Laws 1972, LB 1413, § 17; Laws […]
89-1,100 – Weights and Measures Administrative Fund; created; use; investment; lien.
89-1,100. Weights and Measures Administrative Fund; created; use; investment; lien. 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 funds to the […]
89-1,101 – Violations; penalty.
89-1,101. Violations; penalty. 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. Upon a […]
89-187.05 – Permit; posting; changes requiring notice to department.
89-187.05. Permit; posting; changes requiring notice to department. (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 the permitholder obtaining […]
89-1,101.01 – Violations; costs of enforcement.
89-1,101.01. Violations; costs of enforcement. 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 commercial weighing and measuring devices, […]
89-187.06 – Permit; governmental agencies; exempt.
89-187.06. Permit; governmental agencies; exempt. Weighing and measuring devices used by governmental agencies shall be exempt from the requirements of sections 89-187.01 to 89-187.05. Source Laws 1991, LB 356, § 17.
89-1,101.02 – Records.
89-1,101.02. Records. 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, invoices, or other pertinent data […]