Food regulation updates clear final round

Lawmakers passed a bill April 25 that makes several changes to the Nebraska Pure Food Act.

LB245, introduced by Niobrara Sen. Barry DeKay, harmonizes the Nebraska Pure Food Act with provisions of the 2022 federal Food Code. Among other technical changes, the bill also:
• revises the definition of a food establishment to remove operations that deliver only;
• changes the definition of single-event food vendors from those operating at only one annual event lasting no more than two days to one lasting no more than four days; and
• specifies that third-party commercial food services used by institutional entities to provide food service to residents and patrons are subject to permit and fee requirements even if the institutional entity is exempt.

The bill also includes a revised fee schedule for food safety and other inspections conducted by the state Department of Agriculture, which will be in effect for annual fees that are due on Aug. 1, 2025.

Finally, the bill includes provisions of DeKay’s LB394, which incorporate the latest National Conference on Weights and Measures publications as standards enforced under the Weights and Measures Act.

LB245 passed on a vote of 38-7 and takes effect immediately.