Summary — LB 245 (2025)
Change provisions of the Nebraska Pure Food Act and the Weights and Measures Act
Status: Enacted (approved by Governor April 29, 2025; contains emergency clause)
Main purpose
LB 245 updates Nebraska’s food safety and related regulatory statutes to align with current federal model standards, clarify and modernize statutory definitions and procedures, and adjust permit/inspection fee authority to support Department of Agriculture programs. Portions of LB 394 (weights & measures updates) were incorporated into LB 245 by amendment AM501.
Key provisions and changes
- Adopts newer model standards
- Updates the Food Code incorporated by reference from the 2017 to the 2022 edition of the FDA Food Code (with enumerated exclusions remaining).
- Adopts the federal Current Good Manufacturing Practice regulations now found at 21 C.F.R. part 117 (replacing reference to old part 110).
- Definitions and scope
- Revises the definition of “food establishment” (clarifies delivery-only operations and expands an exemption for pharmacies or similar facilities that sell only certain prepackaged/non-time‑temperature‑control foods).
- Revises the definition of a “single event food vendor” — bill text and committee materials indicate increasing the allowed duration at a single annual event (from 2 days to 4 days).
- Grandfathering and facility requirements
- Requires facilities/equipment grandfathered from before Sept. 13, 1997 to meet food temperature requirements and remain in good repair; change of ownership/extensive remodeling eliminates grandfathering.
- Fees and program funding
- Revises statutory fee authority and renames “annual inspection fee” to “annual fee.” Original bill sought fee authority to fully cash‑fund the Pure Food program; Committee Amendment AM501 replaces that with a revised fee schedule sufficient to continue funding at the Department’s current policy (~50% cash funds / ~50% general funds).
- AM501 also updates permit/inspection fee authority and standards under the Weights and Measures Act to adopt current National Conference on Weights and Measures/NIST publications (standards used by the Department).
- Cleanup and repeals
- Removes a number of state variances from the Pure Food Act that became obsolete after removing Food Code exclusions; repeals named sections (e.g., 81‑2‑272.01, .10, .24, .32).
- Procedure/effective date
- Contains an emergency clause; enacted April 29, 2025 (effective immediately upon approval).
Who is affected
- Commercial food establishments, food processors, salvage operations, and temporary/special-event vendors (including certain third‑party food service providers used by institutional entities).
- Pharmacies/similar facilities that sell limited prepackaged foods (clarified exemption).
- Businesses operating under grandfathered facility/equipment provisions.
- Regulated weighing and measuring establishments (via incorporated LB 394 provisions).
- Nebraska Department of Agriculture (administration, inspection authority, and funding structure).
Legislative actions / timeline (highlights)
- Introduced: Jan 14, 2025 (Sen. Barry DeKay)
- Committee hearing: Feb 4, 2025 (Agriculture)
- Committee amendment AM501 (incorporating LB 394 provisions) adopted March 14, 2025
- Additional amendments (AM759, ER28) adopted; final reading passed Apr 25, 2025 (38–7–4)
- Approved by Governor Apr 29, 2025 (emergency clause)
For more detail, see enacted statutory sections amended: 81‑2‑239, 81‑2‑244.01, 81‑2‑245.01, 81‑2‑254, 81‑2‑257, 81‑2‑259, 81‑2‑268, 81‑2‑270, 81‑2‑271, 81‑2‑274, 81‑2‑277, and weights & measures sections 89‑186, 89‑187, 89‑187.02, 89‑187.05; and repealed sections 81‑2‑272.01, 81‑2‑272.10, 81‑2‑272.24, 81‑2‑272.32. Fiscal notes were prepared and reflect the fee/ funding implications.
