Nebraska Statutes 81-2,270. Food establishment, food processing plant, or salvage operation; permits; application; contents; fees; late fee; exemptions
(1) No person shall operate without a valid permit:
Terms Used In Nebraska Statutes 81-2,270
- Company: shall include any corporation, partnership, limited liability company, joint-stock company, joint venture, or association. See Nebraska Statutes 49-801
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Person shall: include bodies politic and corporate, societies, communities, the public generally, individuals, partnerships, limited liability companies, joint-stock companies, and associations. See Nebraska Statutes 49-801
- Year: shall mean calendar year. See Nebraska Statutes 49-801
(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 |