89-187.02. Permit; application; fee. 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, members, or corporate officers; the name […]
89-187.03. Permit; placed-in-service report or inspection; denial of permit; procedure. 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 to hold a permit pursuant […]
89-187.04. Permit; placed-in-service report or inspection; when not required. 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 and (2) […]
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 […]
89-187.06. 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.
89-187.07. Permitholder; duties; disciplinary actions. (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 department in […]
89-187.08. Notice or order; service; contents; hearings. (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 […]
89-188. Director; powers. 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 director shall first present his […]
89-192. Commodities; sale; weight, measure, count. 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 […]
89-193. Invoice; when required; contents. 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 and shall contain […]
89-194. Package; label; contents. 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 the commodity in […]
89-195. Package; price per pound and total selling price; required. 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 […]
89-196. Advertisement with price; declaration of quantity and identity. 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 declaration […]
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. 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. (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. 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 […]
