Revised
November, 2001
Administration: This Act is administered by the Agricultural Promotion section of the Nebraska Department of Agriculture, Administration Division, State Office Building, 301 Centennial Mall South, Lincoln, Nebraska 68509. Telephone: (402) 471-4876.
Revisions: This Act was last revised during the 1995 session of the Nebraska Legislature.
Rules: No regulations have been promulgated under this act.
2-3801 Act, how cited.
2-3802 Legislative findings.
2-3803 Definitions, where found.
2-3804 Agricultural product or commodity,
defined.
2-3804.01 Aquaculture, defined.
2-3805 Department, defined.
2-3806 Director, defined.
2-3807 Marketing, defined.
2-3808 Department; marketing activities; powers and
duties.
2-3809 Act, how construed.
2-3810 Department; contracts; limitations.
2-3812 Nebraska Agricultural Products Marketing
Cash Fund; created; use; investment.
2-3801. Act, how cited. Sections 2-3801 to 2-3812
shall be known and may be cited as the Nebraska Agricultural Products Marketing Act.
2-3802. Legislative findings. The Legislature hereby
finds that the general welfare of the people of Nebraska will significantly benefit from the
conduct of programs designed and intended to enhance the effective marketing of Nebraska's
many agricultural commodities.
The Legislature further finds that the meaningful realization of such benefits will result through
the administration of programs and policies conceived, desired, and formulated by and for those
persons who produce, process, or distribute such commodities as an integral part of their
livelihood. It is necessary that the programs conducted by and for the various segments of the
agricultural industry be efficiently coordinated, so that the marketing efforts expended
on behalf of each commodity will complement the marketing programs in the state.
2-3803. Definitions, where found. For purposes of
the Nebraska Agricultural Products Marketing Act, unless the context otherwise requires, the
definitions found in sections 2-3804 to 2-3807 shall be used.
2-3804. Agricultural product or commodity, defined.
Agricultural product or commodity shall include all products resulting from the conduct of
farming or ranching activities, dairying, beekeeping, aquaculture, poultry or egg production,
or comparable activities, and any byproducts resulting from such activities.
2-3804.01. Aquaculture, defined. Aquaculture
shall mean the agricultural practice of controlled propagation and cultivation of aquatic plants or
animals for commercial purposes. Unless the context otherwise requires, the term agriculture
shall be construed to include aquaculture.
2-3805. Department, defined. Department shall
mean the Department of Agriculture.
2-3806. Director, defined. Director shall mean the
Director of Agriculture or his or her designee.
2-3807. Marketing, defined. Marketing shall include
any and all activities intended to directly or indirectly facilitate the sale, exchange, or other
distribution of a product or commodity in an economic, efficient, and profitable manner,
including research, market development, publicity, promotion, education, product utilization, and
comparable activities.
2-3808. Department; marketing activities; powers and
duties. To achieve the purposes of the Nebraska Agricultural Products
Marketing Act, the department may perform the following marketing activities:
(2) Assisting the producers, processors, and distributors of agricultural products and
commodities in conducting and administering marketing programs and policies conceived,
desired, and formulated by and for such persons;
(3) Conducting activities designed to locate and study trade barriers adversely affecting the
marketing of Nebraska agricultural products and conducting activities aimed at eliminating or
mitigating any such barriers;
(4) Collecting and disseminating information relevant and beneficial to the economical,
efficient, and profitable marketing of agricultural products by the Nebraska producers,
processors, and distributors thereof;
(5) Assisting in matching up potential buyers and sellers of agricultural products produced in
Nebraska;
(6) Cooperating with other local, state, or national agricultural marketing entities, public or
private, in carrying out the act and entering into such contracts as may be necessary;
(7) Adopting and promulgating such reasonable rules and regulations as are necessary to
effectively carry out the intent of the act;
(8) Accepting funds or fees from any source, including federal, state, public, or private, to be
used in carrying out the act;
(9) Expending funds for purposes of carrying out the act; and
(10) Conducting any other programs for the development, utilization, and marketing of
agricultural products grown or produced in the state.
2-3809. Act, how construed. The Nebraska
Agricultural Products Marketing Act shall not be construed:
(2) As empowering the department to require cooperative marketing efforts of persons or groups
within any segment of the agriculture industry, but shall be construed only to authorize such
cooperative marketing efforts; or
(3) As empowering the department to purchase or otherwise obtain agricultural products or
commodities for the purpose of resale.
2-3810. Department; contracts; limitations. The
department in entering into contracts authorized under the Nebraska Agricultural Products
Marketing Act shall not be authorized to set up marketing units or agencies of its own. Only
contracts necessary to the furtherance of the intent and purposes of the act shall be entered into.
2-3812. Nebraska Agricultural Products Marketing Cash Fund;
created; use; investment. There is hereby created the Nebraska Agricultural
Products Marketing Cash Fund. The fund shall consist of money appropriated by the Legislature
which is received as gifts or grants or collected as fees or charges from any source, including
federal, state, public, and private. The fund shall be utilized for the purpose of carrying out the
Nebraska Agricultural Products Marketing Act. Any money in such 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.
(1) Coordinating the various marketing programs and policies of each of the state's agricultural
commodities so that they will complement one another;
(1) As altering the provisions of any other act or acts dealing with the marketing of agricultural
products or as detracting from the authorities provided for in any such acts;