Sections 81-2,239 to 81-2,292 and the provisions of the Food Code and the Current Good Manufacturing Practice In Manufacturing, Packing, or Holding Human Food adopted by reference in sections 81-2,257.01 and 81-2,259, shall be known and may be cited as the Nebraska Pure Food Act.

For purposes of the Nebraska Pure Food Act, unless the context otherwise requires, the definitions found in sections 81-2,241 to 81-2,254 shall be used. In addition, the definitions found in the code and practice adopted by reference in sections 81-2,257.01 and 81-2,259 shall be used.

Advertising shall mean all representations disseminated in any manner, other than labeling, intended or likely to induce the purchase or use of food, including a menu.

Bed and breakfast establishment shall mean any place of lodging that provides rented rooms to ten or fewer people, that is the personal residence of the owner, that is occupied by the owner at the time of rental, and in which the only meal served to renters is breakfast.

Caterer shall mean a person in the business of providing food to a customer for parties, banquets, or other similar functions at a location owned, rented, or otherwise controlled by the customer.

Commissary shall mean a food establishment where food, food containers, or food supplies are kept, handled, prepared, packaged, or stored for use in mobile food units, pushcarts, or vending machines.

Commercial food establishment means an operation with a permanent sales location and such location has more than one hundred cubic feet of area containing food.

Department shall mean the Department of Agriculture.

Director shall mean the Director of Agriculture or his or her designated employee, representative, or authorized agent.

Food Code shall mean the 2017 Recommendations of the United States Public Health Service, Food and Drug Administration, except the definitions of adulterated food and food establishment, person in charge, regulatory authority, and sections 2-102.12, 2-102.20(B), 2-103.11(I) and (M), 3-301.11(B), (C), (D), and (E), 3-501.16, 4-301.12(C)(5), (D), and (E), 4-603.16(C), 4-802.11(C), 8-101, 8-102, 8-201.11, 8-201.12, 8-202.10 through 8-304.20, 8-401.10(B)(2), 8-402.20 through 8-403.20, 8-403.50 through 8-404.12, and 8-405.20(B). The term Food Code does not include the annexes of such federal recommendations.

Food establishment shall mean an operation that stores, prepares, packages, serves, sells, vends, delivers, or otherwise provides food for human consumption. The term does not include:

(1) An establishment or vending machine operation that offers only prepackaged soft drinks, carbonated or noncarbonated; canned or bottled fruit and vegetable juices; prepackaged ice; candy; chewing gum; potato or corn chips; pretzels; cheese puffs and curls; crackers; popped popcorn; nuts and edible seeds; and cookies, cakes, pies, and other pastries, that are not time/temperature control for safety foods;

(2) A produce stand that only offers whole, uncut fresh fruits and vegetables;

(3) A food processing plant;

(4) A salvage operation;

(5) A private home where food is prepared or served for personal use, a small day care in the home, or a hunting lodge, guest ranch, or other operation where no more than ten paying guests eat meals in the home;

(6) A private home or other area where food that is not time/temperature control for safety food is prepared for sale or service at a religious, charitable, or fraternal organization's bake sale or similar function;

(7) A private home where a producer of food that meets the requirements of section 81-2,280 is prepared for sale directly to the consumer including, but not limited to, at a farmers market, fair, festival, craft show, or other public event or for pick up at or delivery from such private home;

(8) A private home or other area where food is prepared for distribution at a fundraising event for a charitable purpose if the consumer is informed by a clearly visible placard at the serving location that the food was prepared in a kitchen that is not subject to regulation and inspection by the regulatory authority. This subdivision does not apply to a caterer or other establishment providing food for the event if the caterer or establishment receives compensation for providing the food;

(9) The location where food prepared by a caterer is served so long as the caterer only minimally handles the food at the serving location;

(10) Educational institutions, health care facilities, nursing homes, and governmental organizations which are inspected by a state agency or a political subdivision other than the regulatory authority for sanitation in the food preparation areas;

(11) A pharmacy as defined in section 71-425 if the pharmacy only sells prepackaged pharmaceutical, medicinal, or health supplement foods that are not time/temperature control for safety or foods described in subdivision (1) of this section; and

(12) An establishment which is not a commercial food establishment and which sells only commercially packaged foods that are not time/temperature control for safety foods.

Food handling activity shall mean food service, food catering, conducting retail food sales, or operating a commissary, mobile food unit, food pushcart, or food vending machine.

Guidance document has the same meaning as in section 84-901.

Itinerant food vendor shall mean a temporary food establishment or a person that sells prepackaged, time/temperature control for safety food from an approved source at a nonpermanent location such as a farmers market, craft show, or county fair.

Limited retail food establishment shall mean a food establishment where food offered to the consumer is intended for off-premises consumption and where there are no meat processing or produce processing areas.

Labeling shall mean the display of written, printed, or graphic matter upon the immediate container of an article of food or which accompanies the article at the time of sale.

Limited food service establishment shall mean a food establishment that serves only alcoholic beverages or serves or otherwise provides only snack items or commercially prepared and wrapped foods that require little or no preparation.

Mobile food unit shall mean a vehicle mounted food establishment designed to be readily movable that returns to a commissary daily for cleanup and service.

Person in charge shall mean the individual who is responsible for the operation of the food establishment and who is present at the establishment or is readily accessible to communicate with employees and the regulatory authority.

Pushcart shall mean a non-self-propelled vehicle limited to serving food which is not time/temperature control for safety or commissary wrapped food maintained at temperatures in compliance with the Nebraska Pure Food Act or limited to the preparation and serving of frankfurters.

Regulatory authority shall mean the department or a political subdivision or state agency under contract with the department to perform regulatory functions authorized pursuant to the Nebraska Pure Food Act.

Salvage operation shall mean an operation which reconditions, sells, distributes, brokers, or otherwise supplies any distressed or salvaged food.

Secondary food handling activity shall mean operating mobile food units, food pushcarts, or food vending machines or operating any other type of food handling activity as not the primary food handling activity.

Single event food vendor shall mean a temporary food establishment that operates at no more than one event per calendar year for a period of no more than two days.

Priority items are designated in the Food Code and sections 81-2,272.01, 81-2,272.10, and 81-2,272.24. Priority foundation items are designated in the Food Code.

The Legislature hereby adopts by reference the Food Code as defined in section 81-2,244.01 as a part of the Nebraska Pure Food Act.

The Legislature hereby adopts by reference the Current Good Manufacturing Practice In Manufacturing, Packing, or Holding Human Food found in 21 C.F.R. part 110 as it existed on April 1, 2015.

Copies of the code and practice adopted by reference pursuant to sections 81-2,257.01 and 81-2,259 shall be filed in the offices of the Secretary of State, Clerk of the Legislature, and department.

If there is an inconsistency between sections 81-2,239 to 81-2,292 and any code adopted by reference, the requirements of the sections shall control.

Prior to construction of, conversion to, or remodeling of a food establishment, food processing plant, or salvage operation, properly prepared plans and specifications for such construction, conversion, or remodeling shall be submitted to the regulatory authority for review and approval. The plans and specifications shall indicate the proposed layout, arrangement, mechanical plans, construction materials of work areas, type and model of proposed fixed equipment and facilities, and description of the type of food to be served or sold. The regulatory authority shall treat such plans and specifications as confidential or trade secret information and shall approve the plans and specifications if they meet the requirements of the Nebraska Pure Food Act. No food establishment, food processing plant, or salvage operation shall be constructed, converted, or remodeled except in accordance with plans and specifications approved by the regulatory authority. This section does not apply to food establishments which are temporary food establishments.

Food establishment, food processing plant, or salvage operation facilities and equipment in use or new facilities and equipment for which contractual obligations are incurred before September 13, 1997, and which do not meet fully all the design and fabrication requirements of the Nebraska Pure Food Act shall be acceptable if they are in good repair and capable of being maintained in a sanitary condition and the food-contact surfaces are of safe materials. A food establishment, food processing plant, or salvage operation which has a change of ownership or extensive remodeling after September 13, 1997, shall comply with all applicable facility and equipment requirements of the act.

(1) No person shall operate without a valid permit:

(a) A food establishment conducting those food handling activities authorized by such permit;

(b) A food processing plant; or

(c) A salvage operation.

(2) Application for a permit shall be made to the director on forms prescribed and furnished by the department. Such application shall include (a) the applicant's full name and mailing address and the names and addresses of any partners, members, or corporate officers, (b) whether the applicant is an individual, partnership, limited liability company, corporation, or other legal entity, (c) the location and type of proposed establishment or operation, and (d) the signature of the applicant. Application for a permit shall be made prior to the operation of a food establishment, food processing plant, or salvage operation. The application shall be accompanied by an initial permit fee and an initial inspection fee in the same amount as the annual inspection fee if inspections are required to be done by the department. If any food establishment, food processing plant, or salvage operation is operating without a valid permit, such establishment, plant, or operation shall pay an additional fee of sixty dollars prior to the issuance of a valid permit.

(3) Payment of the initial permit fee, the initial inspection fee, and the fee for operating without a valid permit shall not preclude payment of the annual inspection fees due on August 1 of each year. Except as provided in subsections (7) through (10) of this section and subsection (2) of section 81-2,281, a permitholder shall pay annual inspection fees on or before August 1 of each year regardless of when the initial permit was obtained.

(4)(a) The director shall set the initial permit fee and the annual inspection fees on or before July 1 of each fiscal year to meet the criteria in this subsection. The director may raise or lower the fees each year, but the fees shall not exceed the maximum fees listed in subdivision (4)(b) of this section. The director shall determine the fees based on estimated annual revenue and fiscal year-end cash fund balance as follows:

(i) The estimated annual revenue shall not be greater than one hundred seven percent of program cash fund appropriations allocated for the Nebraska Pure Food Act;

(ii) The estimated fiscal year-end cash fund balance shall not be greater than seventeen percent of program cash fund appropriations allocated for the act; and

(iii) All fee increases or decreases shall be equally distributed between all categories.

(b) The maximum fees are:

			Secondary
			or
			Additional
			Food	Secondary
			Preparation	Unit
			Area	Or
		Base	Annual	Units
	Initial	Annual	Inspection	Annual
	Permit	Inspection	Fee	Inspection
Permit Type	Fee	Fee	(per area)	Fee
Limited Retail
Food Establishment	$86.19	$86.19	$43.09	N/A
Itinerant Food Vendor	$86.19	$86.19	$43.09	N/A
Limited Food Service
Establishment	$86.19	$86.19	$43.09	N/A
Mobile Food Unit
(for each unit)	$86.19	N/A	N/A	$43.09
Pushcart (for each unit)	$86.19	N/A	N/A	$17.23
Vending Machine
Operations:	$86.19
One to ten units		N/A	N/A	$17.23
Eleven to twenty units		N/A	N/A	$34.46
Twenty-one to thirty
units		N/A	N/A	$51.69
Thirty-one to forty
units		N/A	N/A	$68.92
Over forty units		N/A	N/A	$86.15
Food Processing Plant	$86.19	$120.64	$43.09	N/A
Salvage Operation	$86.19	$120.64	$43.09	N/A
Commissary	$86.19	$120.64	$43.09	N/A
All Other Food
Establishments	$86.19	$120.64	$43.09	N/A

(5) For a food establishment, a base inspection fee includes one food preparation area and one food handling activity based upon the primary food handling activity conducted within the food establishment as determined by the department. The annual inspection fee shall also include any fees assessed for each additional food preparation area within the primary establishment and any applicable secondary food handling activity as determined by the department. Any mobile food establishment that does not return to a commissary each day shall obtain a separate permit and pay the base inspection fee for the mobile food establishment.

(6) If a person fails to pay the inspection fee for more than one month after the fee is due, such person shall pay a late fee equal to fifty percent of the total fee for the first month that the fee is late and one hundred percent for the second month that the fee is late. The purpose of the late fee is to cover the administrative costs associated with collecting fees. All money collected as a late fee shall be remitted to the State Treasurer for credit to the Pure Food Cash Fund. If the total fees due remain unpaid ninety days after the original due date, the permit shall no longer be valid.

(7) An educational institution, health care facility, nursing home, or governmental organization operating any type of food establishment, other than a mobile food unit or pushcart, is exempt from the requirements in subsections (1) through (6) of this section.

(8) A food establishment which produces eggs and only stores, packages, sells, delivers, or otherwise provides for human consumption the eggs it produces, or only stores, packages, sells, delivers, or otherwise provides for human consumption eggs produced from no more than four producers at the same time, is exempt from the requirements of subsections (1) through (6) of this section.

(9) A food establishment or food processing plant holding a permit under the Nebraska Milk Act is exempt from the requirements of subsections (1) through (6) of this section.

(10) A single event food vendor or a religious, charitable, or fraternal organization operating any type of temporary food establishment, mobile food unit, or pushcart is exempt from the requirements of subsections (1) through (6) of this section. Any such organization operating any nontemporary food establishment prior to July 1, 1985, is exempt from the requirements of subsection (2) of this section.

(11) A permitholder may sell food prepared by the permitholder at the location of another permitholder without obtaining a separate permit at such location so long as the permitholder preparing the food is not a food processing plant. Both the permitholder preparing the food and the permitholder selling the food are responsible for compliance with the Nebraska Pure Food Act.

Any person who for remuneration packs and sells, offers for sale, barters, or otherwise provides eggs for human consumption shall comply with all applicable requirements set forth in rules and regulations adopted and promulgated by the department and shall establish the source of the eggs by labeling the eggs with a packer identification number assigned by the department or the United States Department of Agriculture.

(1) The permit required by section 81-2,270 shall be posted in a conspicuous manner at the food establishment, each location where food handling activity included under a permit is occurring, the food processing plant, or the salvage operation. For a food establishment that does not have a permanent location, the permit location shall be a permanent address where the permitholder may be contacted.

(2) The permit is not transferable to any other person or location. Any permit issued lapses automatically upon a change of ownership or location except as provided in subsection (3) of this section. The permitholder shall notify the department in writing at least thirty days prior to any change in ownership, name, or address. When an establishment is to be permanently closed, the permitholder shall return the permit to the department within one week after the closing.

(3) A permitholder shall provide information regarding the current location of any food handling activity included under the permitholder's permit to the regulatory authority upon request.

(4) Every mobile food unit or pushcart operator shall have a copy of the permit to operate available at the mobile food unit or pushcart when in operation.

Before approving an application for a permit pursuant to section 81-2,270, the regulatory authority shall inspect the food establishment, food processing plant, or salvage operation to determine whether the applicant qualifies to hold a permit pursuant to subsection (1) of section 81-2,273. An applicant found to qualify to hold a permit pursuant to such subsection shall be issued a permit. An applicant who does not receive a permit shall be afforded the opportunity of a hearing to present evidence that the applicant is qualified to hold a permit pursuant to such subsection and should be issued a permit. All such hearings shall be in accordance with the Administrative Procedure Act.

(1) Except during preparation, cooking, or cooling or when time is used as the public health control as specified under the Nebraska Pure Food Act and except as specified under subsection (2) of this section, time/temperature control for safety food shall be maintained:

(a) At one hundred thirty-five degrees Fahrenheit (fifty-seven degrees Celsius) or above, except that roasts cooked to a temperature and for a time specified in the Nebraska Pure Food Act or reheated as specified in the act may be held at a temperature of one hundred thirty degrees Fahrenheit (fifty-four degrees Celsius) or above; or

(b) At:

(i) Forty-one degrees Fahrenheit (five degrees Celsius) or less; or

(ii) Forty-five degrees Fahrenheit (seven degrees Celsius) or between forty-one degrees Fahrenheit (five degrees Celsius) and forty-five degrees Fahrenheit (seven degrees Celsius) in existing refrigeration equipment that is not capable of maintaining the food at forty-one degrees Fahrenheit (five degrees Celsius) or less if:

(A) The equipment is in place and in use in the food establishment; and

(B) Refrigeration equipment that is not capable of meeting a cold holding temperature of forty-one degrees Fahrenheit (five degrees Celsius) that is in use on March 8, 2012, shall, upon replacement of the equipment or at a change of ownership of the food establishment, be replaced with equipment that is capable of maintaining foods at forty-one degrees Fahrenheit (five degrees Celsius) or below.

(2) Eggs that have not been treated to destroy all viable Salmonellae shall be stored in refrigerated equipment that maintains an ambient air temperature of forty-five degrees Fahrenheit (seven degrees Celsius) or less.

(3) Time/temperature control for safety food in a homogenous liquid form may be maintained outside of the temperature control requirements, as specified under subsection (1) of this section, while contained within specially designed equipment that complies with the design and construction requirements as specified in the act.

(1) Food employees shall wash their hands as specified in the Nebraska Pure Food Act.

(2) Food employees shall be trained to wash their hands as specified in the act.

(3) Except when washing fruits and vegetables, food employees shall minimize bare hand and arm contact with exposed food. This may be accomplished with the use of suitable utensils such as deli tissues, spatulas, tongs, single-use gloves, or dispensing equipment.

(4) Food employees not serving a highly susceptible population may contact exposed, ready-to-eat food with their bare hands if they have washed their hands as specified in the act prior to handling the food.

In addition to the provisions of sections 3-501.17 and 3-501.18 of the Food Code which apply to food held at a temperature of forty-one degrees Fahrenheit (five degrees Celsius) or below, food held in refrigeration between forty-five degrees Fahrenheit (seven degrees Celsius) and forty-one degrees Fahrenheit (five degrees Celsius) shall meet the following requirements:

(1) Except when packaging food using a reduced oxygen packaging method as specified in section 3-502.12 of the Food Code and except as specified in section 3-501.17 of the Food Code, refrigerated, ready-to-eat, time/temperature control for safety food prepared and held in a food establishment for more than twenty-four hours shall be clearly marked to indicate the date of preparation. The food shall be sold, consumed on the premises, or discarded within four calendar days or less;

(2) Except as specified in section 3-501.17 of the Food Code, refrigerated, ready-to-eat, time/temperature control for safety food prepared and packaged by a food processing plant and held refrigerated at such food establishment, shall be clearly marked, at the time the original container is opened in a food establishment, to indicate the date the food container was opened. The food shall be sold, consumed on the premises, or discarded within four calendar days or less; and

(3) A food specified under this section shall be discarded if such food:

(a) Exceeds the temperature and time combinations specified in subdivision (1) of this section, except time that the food is frozen;

(b) Is in a container or package that does not bear a date or day;

(c) Is appropriately marked with a date or day that exceeds the temperature and time combination as specified in subdivision (1) of this section; or

(d) Is prepared in a food establishment and dispensed through a vending machine with an automatic shut-off control if it exceeds the temperature and time combination as specified in subdivision (1) of this section.

(1) Except as provided under subsection (2) of this section, a food employee shall keep his or her fingernails trimmed, filed, and maintained so the edges and surfaces are cleanable and not rough. Unless wearing intact gloves in good condition, a food employee shall not wear fingernail polish or artificial fingernails when working with exposed food.

(2) This section does not apply to a food employee such as a counter staff person who only serves beverages and wrapped or packaged foods, a host staff person, or a wait staff person if he or she presents a minimal risk of contaminating exposed food, clean equipment, utensils, and linens, and unwrapped single-service and single-use articles.

(1) A holder of a permit issued under the Nebraska Pure Food Act shall comply with the act, the rules and regulations adopted pursuant thereto, and any order of the director issued pursuant thereto. The permitholder shall not interfere with the department in the performance of its duties.

(2) A permitholder may be put on probation requiring such person to comply with the conditions set out in an order of probation issued by the director after: (a) The director determines the permitholder has not complied with subsection (1) of this section; (b) the permitholder is given written notice to comply and written notice of the right to a hearing to show cause why an order of probation should not be issued; and (c) the director finds that issuing an order of probation is appropriate based on the hearing record or on the available information if the hearing is waived by the permitholder.

(3) A permit may be suspended after: (a) The director determines the permitholder has not complied with subsection (1) of this section; (b) the permitholder is given written notice to comply and written notice of the right to a hearing to show cause why the permit should not be suspended; and (c) the director finds that issuing an order suspending the permit is appropriate based on the hearing record or on the available information if the hearing is waived by the permitholder.

(4) A permit may be immediately suspended and the director may order the permitholder's food establishment, food processing plant, or salvage operation closed prior to hearing when: (a) The director determines an immediate danger to the public health, safety, or welfare exists in or is caused by the permitholder's food establishment, food processing plant, or salvage operation; and (b) the permitholder receives the written notice to comply and written notice of the right to a hearing to show cause why the suspension should not be sustained. Within fifteen days after the suspension, the permitholder may request, in writing, a date for a hearing and the director shall consider the interests of the permitholder when the director establishes the date and time of the hearing, except that no hearing shall be held sooner than is reasonable under the circumstances. When a permitholder does not request a hearing date within such fifteen-day period, the director shall establish a hearing date and shall notify the permitholder of the date and time of such hearing.

(5) A permit may be revoked after: (a) The director determines the permitholder has committed serious, repeated, or multiple violations of any of the requirements of subsection (1) of this section; (b) the permitholder is given written notice to comply and written notice of the right to a hearing to show cause why the permit should not be revoked; and (c) the director finds that issuing an order revoking the permit is appropriate based on the hearing record or on the available information if the hearing is waived by the permitholder.

(6) Any food establishment, food processing plant, or salvage operation for which the permit has been suspended shall close and remain closed until the permit is reinstated. Any food establishment, food processing plant, or salvage operation for which the permit has been revoked shall close and remain closed until a new permit is issued.

(7) The director may terminate proceedings to suspend or revoke a permit or to subject a permitholder to an order of probation at any time if the reasons for such proceedings no longer exist. A permit which has been suspended may be reinstated, a person with a revoked permit may be issued a new permit, or a permitholder may no longer be subject to an order of probation if the director determines the conditions which prompted the suspension, revocation, or probation no longer exist.

(8) Proceedings for suspension, revocation, or probation shall not preclude the department from pursuing other civil or criminal actions.

(1) Any notice or order provided for in the Nebraska Pure Food 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 last-known address of the permitholder or the person authorized to receive such notices and orders. A copy of the notice and the order shall be filed in the records of the department.

(2) A notice to comply provided for in section 81-2,273 shall set forth the acts or omissions with which the permitholder is charged.

(3) A notice of the permitholder's right to a hearing provided for in the act shall set forth the time and place of the hearing except as provided in subsection (4) of section 81-2,273. A notice of the permitholder's right to such hearing shall include notice that a permitholder's right to a hearing may be waived pursuant to subsection (5) of this section. A notice of the permitholder's right to a hearing to show cause why the permit should not be revoked shall include notice to the permitholder that the permit may be revoked or suspended, that the permitholder may be subject to an order of probation, or that the permit may be suspended and the permitholder subject to an order of probation, if the director determines such action is more appropriate. A notice of the permitholder's right to a hearing to show cause why the permit should not be suspended shall include notice to the permitholder that the permit may be suspended or that the permitholder may also be subject to an order of probation if the director determines such action is more appropriate.

(4) The hearings provided for in the act shall be conducted by the director at the time and place he or she designates. The director shall make a final finding based upon the complete hearing record and issue an order. If the director has suspended a permit pursuant to subsection (4) of section 81-2,273, the director shall sustain, modify, or rescind the order. All hearings shall be in accordance with the Administrative Procedure Act.

(5) A permitholder shall be deemed to waive the right to a hearing if such permitholder does not come to the hearing at the time and place set forth in the notice described in subsection (3) of this section without requesting the director at least two days before the designated time to change the time and place for the hearing, except that before an order of the director becomes final, the director may designate a different time and place for the hearing if the permitholder shows the director that the permitholder had a justifiable reason for not coming to the hearing and not timely requesting a change in the time and place for such hearing. If the permitholder waives the right to a hearing, the director shall make a final finding based upon the available information and issue an order. If the director has suspended a permit pursuant to subsection (4) of section 81-2,273, the director shall sustain, modify, or rescind the order.

(6) Any person aggrieved by the finding of the director shall have ten days from the entry of the director's order to request a new hearing if such person can show that a mistake of fact has been made which affected the director's determination. Any order of the director shall become final upon the expiration of ten days after its entry if no request for a new hearing is made.

It is unlawful for a person to operate a food establishment, food processing plant, or salvage operation in any manner which is not in conformity with the Nebraska Pure Food Act or the rules and regulations adopted and promulgated pursuant thereto or to interfere with the duties of the department or any final order of the director pursuant to such act.

It is the responsibility of the department to regulate the operation of food establishments, food processing plants, and salvage operations in the manner set out in the Nebraska Pure Food Act.

Food processing plants and salvage operations shall comply with the federal Current Good Manufacturing Practice In Manufacturing, Packing, or Holding Human Food adopted in section 81-2,259.

The department shall develop and make available to the public a guidance document for mobile food establishment operators. The guidance document shall describe food establishment permit requirements applicable to mobile food establishments, including permit requirements applicable to reciprocity agreements between participating regulatory authorities under section 81-2,278.01.

(1) A political subdivision acting as a regulatory authority may enter into an agreement under the Interlocal Cooperation Act with other public agencies to grant and provide reciprocity for local licensing of mobile food establishments for purposes of regulating food safety and handling.

(2) On or before December 1, 2023, a political subdivision acting as a regulatory authority that is eligible to participate in an agreement under this section shall submit a report electronically to the Legislature. Such report shall contain the following information:

(a) A description of any reciprocity agreement entered into pursuant to this section; or

(b) If a reciprocity agreement has not been entered into pursuant to this section, a summary of actions taken to develop such an agreement and a description of any impediments to such an agreement.

(1) For purposes of this section, city means a city of the first class or a city of the second class.

(2) The department shall establish and maintain the Mobile Food Establishment Ordinance Registry. The registry shall be made available for review by the public on the department's website. The purpose of the registry is to record in a central location the municipal ordinances used to regulate mobile food establishments.

(3) Each city shall participate in the registry. Except as provided in subsection (4) of this section, each city shall provide the department with the following information for the registry:

(a) The name and address of each person responsible for regulating mobile food establishment operations;

(b) A sample copy of any form that is required to be submitted in order for the mobile food establishment to operate in the city;

(c) A complete electronic record of the ordinances used to regulate mobile food establishments; and

(d) Any other information the department deems necessary.

(4) Any city that does not regulate the operation of mobile food establishments in any way shall submit to the department for publication on the registry a written statement confirming that the city does not regulate the operation of mobile food establishments.

(5) To ensure an accurate and updated registry, each city shall:

(a) Upon a request by the department, make available to the department all information required pursuant to this section; and

(b) Beginning in 2023, by December 31 of each calendar year notify the department of any new or modified ordinance adopted within such calendar year regulating mobile food establishments.

(6) The department may adopt and promulgate rules and regulations to carry out this section.

(1) A producer of food at a private home as described in subdivision (7) of section 81-2,245.01 shall meet the requirements of this section.

(2) Such producer shall only provide food that is not adulterated and is not any of the following types of time/temperature control for safety food:

(a) Any part of an animal, vertebrate or invertebrate, or animal by-product;

(b) Fluid milk or milk products as defined in the Grade A Pasteurized Milk Ordinance adopted by reference in the Nebraska Milk Act;

(c) Raw eggs;

(d) Unpasteurized juice;

(e) Infused oils or honey;

(f) Sprouts;

(g) Low-acid canned food and hermetically sealed acidified food;

(h) Tofu, tempeh, or similar meat substitutes; or

(i) Kimchi, kombucha, or similar fermented foods.

(3) Prior to conducting any food sales, the producer, other than a producer selling food that is not time/temperature control for safety food directly to the consumer at a farmers market, shall successfully complete:

(a) A nationally accredited food safety and handling education course that covers topics such as food safety issues, regulations, and techniques to maintain a food-safe environment;

(b) A certified food safety and handling training course offered at a culinary school or as required by a county, city, or village to obtain a food handler permit; or

(c) A food safety and handling education course approved by the department.

(4) The producer shall register with the department prior to conducting any sales of food. The registration shall be made on forms prescribed by the department and include (a) the name, address, and telephone number of the producer, (b) the type of food safety and handling education or training course taken pursuant to subsection (3) of this section and the date of its successful completion, and (c) proof of private well water testing for contamination by nitrate or bacteria if the producer uses private well water. This subsection shall not apply to a producer of food that is not time/temperature control for safety food selling directly to the consumer at a farmers market.

(5)(a) The producer shall inform the consumer by a clearly visible notification that the food:

(i) Was prepared in a kitchen that is not subject to regulation and inspection by a regulatory authority; and

(ii) May contain allergens.

(b) For sales conducted at a farmers market, fair, festival, craft show, or other public event, such notification shall be provided at the sale location.

(c) For sales conducted for pickup or delivery, such notification shall be provided at the producer's private home, on the producer's website, if such website exists, and in any print, radio, television, or Internet advertisement for such sales.

(6) The producer shall label the food so that the name and address of the producer is provided to the consumer on the package or container label. Food that is time/temperature control for safety food shall also have labeling that includes ingredients in descending order of predominance.

(7)(a) Food that is not time/temperature control for safety food may be delivered by United States mail or a commercial mail delivery service.

(b) Food that is time/temperature control for safety food shall be delivered only by the producer to the consumer in person. When transported, such food shall be maintained at a temperature in accordance with the Nebraska Pure Food Act and not be transported for longer than two hours.

(8) The provisions of this section supersede and preempt any ordinance, rule, regulation, or resolution regulating food safety and handling adopted or enacted by a political subdivision that is not in conformance with this section.

(1) The department shall enforce the Nebraska Pure Food Act and any rule or regulation adopted and promulgated pursuant to such act. The department may:

(a) Enter at reasonable times and in a reasonable manner, without being subject to any action for trespass or damages if reasonable care is exercised, any food establishment, food processing plant, or salvage operation to inspect all food, structures, vehicles, equipment, packing materials, containers, records, and labels on such property. The department may inspect and examine all records and property relating to compliance with the Nebraska Pure Food Act. Such records and property shall be made available to the department for review at all reasonable times;

(b) In a reasonable manner, hold for inspection and take samples of any food which may not be in compliance with the Nebraska Pure Food Act;

(c) Inspect at any time or place food that is being shipped into or through the state and take any enforcement action authorized under the Nebraska Pure Food Act; and

(d) 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 subsection.

(2) In addition to its authority provided in subsection (1) of this section, the department may contract with any political subdivision or state agency it deems qualified to conduct any or all regulatory functions authorized pursuant to the act except those functions relating to the issuance, suspension, or revocation of permits or any order of probation. Holders of permits issued pursuant to the act who are regularly inspected by political subdivisions under contract with the department shall be exempt from the inspection fees prescribed in section 81-2,270 if such holders pay license or inspection fees to the political subdivision performing the inspections.

(3) It shall be the responsibility of the regulatory authority to inspect food establishments and food processing plants as often as required by the act. An inspection of a salvage operation shall be performed at least once every three hundred sixty-five days of operation. Additional inspections shall be performed as often as is necessary for the efficient and effective enforcement of the act.

(4) All inspections conducted pursuant to the act shall be performed by persons who (a) meet the requirements of section 8-402.10 of the Food Code and, within thirty-six months after being hired to conduct such inspections, pass a certified professional food safety credential examination approved by the department that meets the requirements of Option 2 of Standard 2, Trained Regulatory Staff, of the 2022 United States Food and Drug Administration's Voluntary National Retail Food Regulatory Program Standards or (b) are provisional environmental health specialists or registered environmental health specialists as defined in section 38-1305 or 38-1306.

(5) Duly authorized personnel of the regulatory authority after showing proper identification shall have access at all reasonable times to food establishments, food processing plants, or salvage operations required by the act to obtain a permit to perform authorized regulatory functions. Such functions shall include, but not be limited to, inspections, checking records maintained in the establishment or other locations to obtain information pertaining to food and supplies purchased, received, used, sold, or distributed, copying and photographing violative conditions, and examining and sampling food. When samples are taken, the inspectors shall pay or offer to pay for samples taken. The authorized personnel shall also have access to the records of salvage operations pertaining to distressed salvageable and salvaged merchandise purchased, received, used, sold, or distributed.

(6) Regulatory activities performed by a political subdivision or state agency under contract shall conform with the provisions of the act and such activities shall have the same effect as those performed by the department. Any interference with the regulatory authority's duty to inspect shall be an interference with the department's duties for the purposes of section 81-2,273.

(1) It shall be unlawful for any person to adulterate any food or for any person to manufacture, distribute, offer for sale, or sell any adulterated food.

(2) Food shall be deemed to be adulterated if:

(a) It bears or contains any substance which may render it injurious to health, considering the quantity of such substance in or on the food;

(b) It consists in whole or in part of any diseased, contaminated, filthy, putrid, or decomposed substance or is otherwise unsafe for use as food;

(c) It has been manufactured, processed, packaged, stored, or held under insanitary conditions where it may have become unsafe for use as food;

(d) It is the product of a diseased animal or one that has died by any means other than slaughter;

(e) Its container is so constructed as to render the food unsafe or otherwise injurious to health; or

(f) Any valuable constituent of the food has been wholly or partially omitted or abstracted.

(1) It shall be unlawful for any person to misbrand any food or distribute, offer for sale, or sell any misbranded food.

(2) A food shall be deemed to be misbranded if:

(a) It does not bear labeling clearly stating (i) the identity of the food in terms likely to be easily and accurately understood by the consumer, (ii) the net quantity of contents of the food in terms authorized under the Weights and Measures Act, and (iii) the name and address of the manufacturer, distributor, or seller of the food; or

(b) Its labeling is false or misleading in any manner.

(1) It shall be unlawful for any person to deceptively pack or package any food or for any person to distribute, offer for sale, or sell any food that has been deceptively packed or packaged.

(2) A food shall be deemed to be deceptively packed or packaged if:

(a) Any substance has been added to, mixed with, or packed with the food so as to increase its bulk or weight, reduce its quality or strength, or make it appear to be better or of greater value than it actually is; or

(b) Any inferiority or damage to the food has been concealed in any manner.

(1) It shall be unlawful for any person engaged in the sale, merchandising, or distribution of food to cause, with intent to deceive, the dissemination of a false advertisement regarding a food.

(2) An advertisement of a food shall be deemed to be false if it is false or misleading in any manner, including the following:

(a) The advertising of food as that of another;

(b) The advertising of food in a manner causing the likelihood of confusion or of misunderstanding as to the source, sponsorship, approval, or certification of such food;

(c) The advertising of food in a manner causing the likelihood of confusion or misunderstanding as to affiliation, connection, or association with or certification by another;

(d) The advertisement of food by use of deceptive representations or deceptive designation of geographic origin in connection with such food;

(e) The advertisement of food by way of representations that the food has sponsorship, approval, characteristics, ingredients, benefits, uses, or qualities that it does not have or that a person or company has a sponsorship, approval status, affiliation, or connection that he, she, or it does not have;

(f) The advertisement of food by way of a representation that the food is of a particular standard, quality, or grade when it is not;

(g) The advertisement of food by disparaging the food of another by false or misleading representations of fact;

(h) The advertisement of food with an intent not to sell it as advertised or an intent to sell an alternative food in substitution for the advertised food;

(i) The advertisement of food with the intent not to supply a reasonably expectable public demand unless the advertisement imposes a limitation of quantity; or

(j) The advertisement of food by making false or misleading statements of fact concerning the reasons for, existence of, or amounts of price reductions.

In determining whether food is being manufactured, processed, transported, distributed, offered for sale, or sold in violation of the adulteration, misbranding, deceptive packaging, or false advertising provisions of sections 81-2,282 to 81-2,285 or any other requirement of the Nebraska Pure Food Act which affects such food, the regulatory authority may utilize the appropriate definitions, standards, tolerances, standards of identity, standards of quality, or standards of fill of containers set out in the duly promulgated federal regulations applicable to food and food products if the regulatory authority finds that such federal regulations will adequately protect against the adulteration, misbranding, deceptive packaging, and false advertising of foods.

If a regulatory authority finds that food is being manufactured, processed, distributed, offered for sale, or sold in violation of the adulteration, misbranding, deceptive packaging, or false advertising provisions of sections 81-2,282 to 81-2,285 or any other requirement of the Nebraska Pure Food Act which affects such food, such regulatory authority may issue and enforce a written or printed stop-sale, stop-use, or removal order to the person in charge of such food if the issuance of such an order is necessary for the protection of the public health, safety, or welfare. No food subject to any such order shall be used, sold, or moved without permission from the regulatory authority. Such an order shall specifically describe the nature of the violation found and the precise actions needed to be taken to bring the food into compliance with the applicable provisions of the act. Such order shall clearly advise the person in charge of the food that he or she may request an immediate hearing before the director or his or her designee on the matter. No such order may direct the involuntary and immediate disposal or destruction of any food until the person in charge of such food has been afforded an opportunity to be heard on the matter and an opportunity to appeal any order of the director or his or her designee from such a hearing in accordance with the Administrative Procedure Act. The regulatory authority may issue a stop-sale, stop-use, or removal order against articles of food that are perishable, even if the practical result of such an order is to bring about the involuntary disposal of such food, when, in the opinion of the person issuing the order, no alternative course of action would sufficiently protect the public health, safety, or welfare under the circumstances.

(1) The department may adopt and promulgate rules and regulations to aid in the administration and enforcement of the Nebraska Pure Food Act.

(2) The department may adopt and promulgate rules and regulations to provide for source labeling on eggs which are packaged. The department may establish standards, grades, and weight classes for eggs.

(3) The department may contract with agencies of the federal government for the performance by the department of inspections and other regulatory functions at food establishments, food processing plants, or salvage operations within the state which are subject to federal jurisdiction and may receive federal funds for work performed under such contracts.

(4) Except as provided in subsection (3) of this section, the provisions of the act shall not apply to establishments or specific portions of establishments regularly inspected for proper sanitation by an agency of the federal government.

(1) The regulatory authority shall document on an inspection report form:

(a) Administrative information about the food establishment's legal identity, street and mailing addresses, type of establishment and operation, inspection date, status of the permit, and personnel certificates that may be required;

(b) Specific factual observations of violative conditions, omissions, or other deviations from the requirements of the Nebraska Pure Food Act that require correction by the permitholder; and

(c) Whether the violations listed are priority items, priority foundation items, or repeated.

(2) The regulatory authority shall specify on the inspection report form the timeframe for correction of the violations as specified in the Nebraska Pure Food Act.

(3) All procedures and requirements related to the inspection of food establishments in the act apply to food processing plants and salvage operations.

(4) The completed inspection report form is a public document that shall be made available for public disclosure to any person who requests it according to law.

The regulatory authority may increase the interval between inspections beyond six months if the food establishment is assigned a less frequent inspection frequency based on a written risk-based inspection schedule that is being uniformly applied throughout the jurisdiction.

(1) The department may apply for a restraining order or a temporary or permanent injunction against any person violating or threatening to violate the Nebraska Pure Food Act, the rules and regulations adopted pursuant to the act, or a final order of the director. 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.

(2) It shall be the duty of the county attorney of the county in which any violation of the act occurs or is about to occur, when notified of such violation or threatened violation by the department, to cause appropriate proceedings under subsection (1) of this section to be instituted and pursued in the district court without delay.

(1) Any person violating any provision of the Nebraska Pure Food Act, the rules and regulations adopted pursuant to the act, or a final order of the director shall be guilty of a Class IV misdemeanor notwithstanding the existence of any other remedy at law.

(2) It shall be the duty of the county attorney of the county in which any violation of the Nebraska Pure Food Act occurs or is about to occur, when notified of such violation by the department, to cause appropriate proceedings under subsection (1) of this section to be instituted and pursued in a court of competent jurisdiction.

All fees paid to the department in accordance with the Nebraska Pure Food Act shall be remitted to the State Treasurer. The State Treasurer shall credit the fees to the Pure Food Cash Fund, which fund is hereby created. All money credited to such fund shall be appropriated to the uses of the department to aid in defraying the expenses of administering the act, except that transfers may be made from the fund to the General Fund at the direction of the Legislature.

Any money in the Pure Food Cash 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 Nebraska Pure Food Act shall not apply to bed and breakfast establishments.