Session Review: Agriculture
The Agriculture Committee advanced measures this session to prohibit the distribution and sale of cultivated-protein food products, revise the Nebraska Pure Food Act and update restrictions on foreign land ownership in Nebraska.
Food safety
Lawmakers passed LB246, introduced by Niobrara Sen. Barry DeKay at the request of Gov. Jim Pillen, which prohibits the production, import, distribution, promotion, display or sale of cultivated-protein food products in Nebraska.
The bill defines cultivated-protein foods, in part, as “having one or more sensory attributes that resemble a type of tissue originating from an agricultural food animal but that, in lieu of being derived from meat processing, is derived from manufacturing cells.”
Under the measure, lab-grown meat is considered an adulterated food product and prohibited from manufacture or sale in Nebraska.
In addition to existing remedies against the sale and distribution of adulterated foods available to the state Department of Agriculture under the Pure Food Act, LB246 provides that the commercial production and sale of cultured food products is a violation of the Deceptive Trade Practices Act and subject to enforcement actions brought by the state attorney general.
The measure passed on a 38-11 vote.
Also introduced by DeKay, LB245 aligns the Nebraska Pure Food Act with the 2022 federal Food Code. Among other technical changes, the bill:
• 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 measure 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 Aug. 1.
The bill contains 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. The provisions also adjust license and inspection fees that support the department’s weights and measures inspection program.
Senators voted 38-7 to approve LB245, which took effect immediately.
Other measures
DeKay’s LB7, passed 47-0, clarifies that Native American tribes are not considered foreign governments under Nebraska law and therefore are exempt from restrictions under the Foreign-owned Real Estate National Security Act. Additionally, foreign corporations are defined to expressly exclude business entities formed under the laws of any U.S. state, territory or Native American tribe.
The measure also makes two clarifications relating to an exemption under current law if real estate holdings of a foreign entity have been vetted by the Committee on Foreign Investment in the U.S.
Finally, LB7 requires the attorney general to promptly notify the governor and the Legislature of any court-ordered land divestments under the act.
A measure that would amend the Livestock Brand Act advanced to the last round of debate but was not scheduled for a final vote this session.
As originally introduced by Sumner Sen. Teresa Ibach, LB646 would create a new category of feedlots within Nebraska’s brand inspection area that would be exempt from brand inspection regulations under the act.
The bill was amended on select file to remove the original provisions and instead would:
• increase the physical and electronic inspection fee cap to $1.50 per head;
• exempt cattle shipped to or from a qualified dairy from brand inspection regulation;
• amend the registration fee and annual renewal fee for a registered feedlot to 50 cents multiplied by the maximum livestock capacity of the registered feedlot; and
• replace the charge for actual mileage expenses incurred by the Brand Committee to perform inspections with a surcharge, established by the committee, of up to $20 per location.
LB646 remains on final reading.
