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. 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 […]
89-1,101.01. 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, […]
89-1,101.02. 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 […]
89-1,102.01. Division of Weights and Measures; established. 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. Source Laws 1991, LB 356, § 35.
89-1,103. Act, how construed. 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. Source Laws 1972, LB 1413, § 21; Laws 1991, LB 356, § 34.
89-1,104. Grain moisture measuring devices; inspections; fee. 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 tolerances and specifications recommended or used by the […]
89-1,104.01. Moisture Testing Examination Fund; created; use; investment; State Treasurer; duties. 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 […]
89-1,105. Grain moisture measuring devices; make comparative tests. 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, or employee thereof […]
89-1,106. Grain moisture measuring devices; comparative tests; sealing or marking. 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 correspond with […]
89-1,107. Grain moisture measuring devices; use in buying and selling grain; approval; violations; penalty; exception. 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 […]
89-1,108. Grain moisture measuring devices; sections; violations; penalty. 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. Source Laws 1978, LB 636, § 5.
89-182.01. Act, how cited. Sections 89-182.01 to 89-1,103 shall be known and may be cited as the Weights and Measures Act. Source Laws 1991, LB 356, § 5.
89-183. Terms, defined. 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 of Conformance issued by (a) the National Institute of Standards and Technology […]
89-184. Units of measurement; recognition. 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 measurement and equivalents […]
89-185. Standards; primary and secondary. 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 traceable to the National Institute of Standards […]
89-186. Handbooks; adoption by reference. (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 Weighing and Measuring Devices as it existed on January 1, 2019, except […]
89-186.01. Commercial weighing and measuring devices; Certificate of Conformance; required; when. (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 […]
89-187. Director of Agriculture; powers; fees; administrative fees. 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 and promulgate reasonable rules […]
89-187.01. Weighing and measuring establishment; permit required. 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 each […]
