(2) A produce stand that only offers whole, uncut fresh fruits and vegetables;

(3) A food processing plant;

(4) A salvage operation;

(5) A private home where food is prepared or served for personal use, a small day care in the home, or a hunting lodge, guest ranch, or other operation where no more than ten paying guests eat meals in the home;

(6) A private home or other area where food that is not potentially hazardous food is prepared: (a) For sale or service at a religious, charitable, or fraternal organization's bake sale or similar function; or (b) for sale directly to the consumer at a farmers market if the consumer is informed by a clearly visible placard at the sale location that the food was prepared in a kitchen that is not subject to regulation and inspection by the regulatory authority;

(7) A private home or other area where food is prepared for distribution at a fundraising event for a charitable purpose if the consumer is informed by a clearly visible placard at the serving location that the food was prepared in a kitchen that is not subject to regulation and inspection by the regulatory authority. This subdivision does not apply to a caterer or other establishment providing food for the event if the caterer or establishment receives compensation for providing the food;

(8) The location where food prepared by a caterer is served so long as the caterer only minimally handles the food at the serving location;

(9) Educational institutions, health care facilities, nursing homes, and governmental organizations which are inspected by a state agency or a political subdivision other than the regulatory authority for sanitation in the food preparation areas;

(10) A pharmacy as defined in section 71-425 if the pharmacy only sells prepackaged pharmaceutical, medicinal, or health supplement foods that are not potentially hazardous or foods described in subdivision (1) of this section; and

(11) An establishment which is not a commercial food establishment and which sells only commercially packaged foods that are not potentially hazardous foods.

(2) Application for a permit shall be made to the director on forms prescribed and furnished by the department. Such application shall include the applicant's full name and mailing address, the names and addresses of any partners, members, or corporate officers, the name and address of the person authorized by the applicant to receive the notices and orders of the department as provided in the Nebraska Pure Food Act, whether the applicant is an individual, partnership, limited liability company, corporation, or other legal entity, the location and type of proposed establishment or operation, and 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 the food establishment, food processing plant, or salvage operation has been in operation prior to applying for a permit, the applicant shall pay an additional fee of sixty dollars.

(3) Payment of the initial permit fee, the initial inspection fee, and the fee for failing to apply for a permit prior to operation 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 (1) of section 81-2,281, a permitholder shall pay annual inspection fees on or before August 1 of each year.

(4) On and after July 1, 2003:

(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; and

(b) The maximum fees are:

Food Handling Activity	Initial Permit Fee	First Food Preparation Area Annual Inspection Fee	Additional Food Preparation Area Annual Inspection Fee (per area)	Unit Or Units Annual Inspection Fee
Convenience Store	$61.72	$61.72	$30.86	N/A
Licensed Beverage Establishment	$61.72	$61.72	$30.86	N/A
Limited Food Service Establishment	$61.72	$61.72	$30.86	N/A
Temporary Food Establishment	$61.72	$61.72	$30.86	N/A
Mobile Food Unit (for each unit)	$61.72	N/A	N/A	$30.86
Pushcart (for each unit)	$61.72	N/A	N/A	$12.34
Vending Machine Operations:     One to ten units     Eleven to twenty units     Twenty-one to thirty units     Thirty-one to forty units     Over forty units	$61.72	N/A N/A N/A N/A N/A	N/A N/A N/A N/A N/A	$12.34 $24.68 $37.02 $49.36 $61.70
Food Processing Plant	$61.72	$86.40	$30.86	N/A
Salvage Operation	$61.72	$86.40	$30.86	N/A
Commissary	$61.72	$86.40	$30.86	N/A
All Other Food Establishments	$61.72	$86.40	$30.86	N/A

(6) The department may impose a penalty for an inspection fee which is more than one month delinquent. The penalty may not exceed fifty percent of the fee for the first month of delinquency and one hundred percent of the fee for the second month of delinquency.

(7) An educational institution, health care facility, nursing home, or governmental organization operating any type of food establishment, other than a mobile food unit or pushcart, is exempt from the requirements in subsections (1) through (6) of this section.

(8) A person whose primary food-related business activity is determined by the department to be egg handling within the meaning of the Nebraska Graded Egg Act and who is validly licensed and paying fees pursuant to such act is exempt from the permit and inspection fee requirements of the Nebraska Pure Food Act.

(9) A person holding a permit or license and regulated under the Nebraska Manufacturing Milk Act or the Nebraska Pasteurized Milk Law and an egg handler licensed and regulated under the Nebraska Graded Egg Act are exempt from the Nebraska Pure Food Act.

(10) A single event food vendor or a religious, charitable, or fraternal organization operating any type of temporary food establishment, mobile food unit, or pushcart is exempt from the requirements of subsections (1) through (6) of this section. Any such organization operating any nontemporary food establishment prior to July 1, 1985, is exempt from the requirements of subsection (2) of this section.

(2) The permit is not transferable to any other person or location. Any permit issued lapses automatically upon a change of ownership or location except as provided in subsection (3) of this section. The permitholder shall notify the department in writing at least thirty days prior to any change in ownership, name, or address. The permitholder shall notify the department in writing before there is a change of the name or address of the person authorized to receive the notices and orders of the department. When an establishment is to be permanently closed, the permitholder shall return the permit to the department within one week after the closing.

(3) A mobile food unit, pushcart, or vending machine may be moved if the permitholder is able to provide the location of such unit, pushcart, or machine to the regulatory authority upon request and the person authorized by the permitholder to receive notices and orders of the department maintains a permanent mailing address on file with the department.

(a) Salmonella typhi;

(b) Shigella spp.;

(c) Escherichia coli 0157:H7; or

(d) Hepatitis A virus;

(a) Associated with an acute gastrointestinal illness such as:

(i) Fever;

(ii) Vomiting;

(iii) Jaundice;

(iv) Sore throat with fever; or

(v) Diarrhea with one or more of the symptoms described in subdivisions (2)(a)(i) through (iv) of this section; or

(b) A lesion containing pus such as a boil or infected wound that is open or draining and is:

(i) On a hand or wrist, unless an impermeable cover protects the lesion and a single-use glove is worn over the impermeable cover;

(ii) On an exposed portion of an arm, unless the lesion is protected by an impermeable cover; or

(iii) On any other part of the body, unless the lesion is covered by a dry, durable, tight- fitting bandage;

(4) Meets one or more of the following high-risk conditions:

(a) Is suspected of causing, or being exposed to, a confirmed disease outbreak caused by Salmonella typhi, Shigella spp., Escherichia coli 0157:H7, or hepatitis A virus, including an outbreak at an event such as a family meal, church supper, or ethnic festival because the food employee:

(i) Prepared food implicated in the outbreak;

(ii) Consumed food implicated in the outbreak; or

(iii) Consumed food at the event prepared by a person who is infected or ill with the infectious agent that caused the outbreak or who is suspected of being a carrier of the infectious agent;

(b) Lives in the same household as a person who is diagnosed with a disease caused by Salmonella typhi, Shigella spp., Escherichia coli 0157:H7, or hepatitis A virus;

(c) Lives in the same household as a person who attends or works in a setting where there is a confirmed disease outbreak caused by Salmonella typhi, Shigella spp., Escherichia coli 0157:H7, or hepatitis A virus; or

(d) Traveled out of the country within the last fifty calendar days.

(2) Except as specified under subdivision (3) of this section, restrict a food employee from working with exposed food, clean equipment, utensils, and linens, and unwrapped single-service and single-use articles in a food establishment if the food employee:

(a) Is suffering from a symptom specified in subdivision (2) of section 81-2,272.03; or

(b) Is not experiencing a symptom of acute gastroenteritis specified in subdivision (2)(a) of section 81-2,272.03 but has a stool that yields a specimen culture that is positive for Salmonella typhi;

(a) Is experiencing a symptom of acute gastrointestinal illness specified in subdivision (2)(a) of section 81-2,272.03 and meets a high-risk condition specified in subdivision (4) of such section;

(b) Is not experiencing a symptom of acute gastroenteritis specified in subdivision (2)(a) of section 81-2,272.03 but has a stool that yields a specimen culture that is positive for Salmonella typhi, Shigella spp., or Escherichia coli 0157:H7;

(c) Had a past illness from Salmonella typhi within the last three months; or

(d) Had a past illness from Shigella spp. or Escherichia coli 0157:H7 within the last month; and

(a) If the onset of jaundice occurred within the last seven calendar days, exclude the food employee from the food establishment; or

(b) If the onset of jaundice occurred more than seven calendar days before:

(i) Exclude the food employee from a food establishment that serves a highly susceptible population; or

(ii) Restrict the food employee from activities specified in subdivision (2) of this section, if the food establishment does not serve a highly susceptible population.

(a) May work in an unrestricted capacity in a food establishment, including an establishment that serves a highly susceptible population, because the food employee is free of:

(i) The infectious agent of concern; or

(ii) Symptoms, if hepatitis A virus is the infectious agent of concern; or

(b) May only work in an unrestricted capacity in a food establishment that does not serve a highly susceptible population because the food employee:

(i) Is free of the symptoms specified in subdivision (2)(a) of section 81-2,272.03; and

(ii) Has a stool that yields a specimen culture that is positive for Shigella spp. or Escherichia coli 0157:H7.

(a) Subdivision (2)(a) of section 81-2,272.04 if the restricted food employee:

(i) Is free of the symptoms specified in subdivision (2) of section 81-2,272.03 and no foodborne illness occurs that may have been caused by the restricted food employee;

(ii) Is suspected of causing foodborne illness but is free of the symptoms specified in subdivision (2) of section 81-2,272.03 and provides written medical documentation from a physician licensed to practice medicine stating that the restricted food employee is free of the infectious agent that is suspected of causing the employee's symptoms or causing foodborne illness; or

(iii) Provides written medical documentation from a physician licensed to practice medicine stating that the symptoms experienced result from a chronic noninfectious condition such as ulcerative colitis or irritable bowel syndrome; or

(b) Subdivision (2)(b) of section 81-2,272.04 if the restricted food employee provides written medical documentation that indicates the employee's stools are free of Salmonella typhi.

(4) The person in charge may remove an exclusion specified in subdivision (4) of section 81-2,272.04 if:

(a) No foodborne illness occurs that may have been caused by the excluded or restricted food employee and the employee:

(i) Provides written medical documentation from a physician licensed to practice medicine stating that the food employee is free of hepatitis A virus infection; or

(ii) Is no longer jaundiced; or

(b) The excluded or restricted food employee is suspected of causing foodborne illness and complies with subdivisions (4)(a)(i) and (ii) of this section.

(2) Except as specified in subsections (3) and (4) of this section, empty containers intended for cleaning and refilling with food shall be cleaned and refilled in a regulated food processing plant.

(3) A food-specific container for beverages may be refilled at a food establishment if:

(a) Only beverages that are not potentially hazardous are used;

(b) The design of the container and of the rinsing equipment and the nature of the beverage, when considered together, allow effective cleaning at home or in the establishment;

(c) The consumer-owned container returned to the food establishment for refilling is refilled for sale or service only to the same consumer; and

(d) The container is refilled by a food employee of the establishment, or the owner of the container if the beverage system includes a contamination-free transfer process that cannot be bypassed by the owner of the container.

(2) Poultry, stuffed fish, stuffed meat, stuffed pasta, stuffed poultry, or stuffing containing fish, meat, or poultry shall be cooked to heat all parts of the food to one hundred sixty-five degrees Fahrenheit (seventy-four degrees Celsius) or above for fifteen seconds.

(3) When ordered by the immediate consumer, whole-muscle intact beef steaks, which have been seared on both sides, shall be exempted from the minimum cooking temperatures specified in the act.

"Thoroughly cooking foods of animal origin such as beef, eggs, fish, lamb, pork, poultry, or shellfish reduces the risk of foodborne illness. Individuals with certain health conditions may be at higher risk if these foods are consumed raw or undercooked. Consult your physician or public health official for further information."

(2) Forty-one degrees Fahrenheit (five degrees Celsius) or below if the food is not to be consumed within four calendar days; or

(3) Any temperature if the food remains frozen.

(2) Completely submerged under running water:

(a) At a water temperature of seventy degrees Fahrenheit (twenty-one degrees Celsius) or below;

(b) With sufficient water velocity to agitate and float off loose particles in an overflow; and

(c)

(i) For thawed portions of ready-to-eat food: For a period of time that does not allow the food temperature to rise above forty-five degrees Fahrenheit (seven degrees Celsius) if the food is to be consumed within four calendar days or to rise above forty-one degrees Fahrenheit (five degrees Celsius) if the food is not to be consumed within four calendar days; or

(ii) For thawed portions of a raw animal food requiring cooking: For a period of time that does not allow the food temperature to be above forty-five degrees Fahrenheit (seven degrees Celsius) for more than four hours, including the time the food is exposed to the running water and the time needed for preparation for cooking or the time it takes under refrigeration to lower the food temperature to forty-five degrees Fahrenheit (seven degrees Celsius), if the food is to be consumed within four calendar days or to be above forty-one degrees Fahrenheit (five degrees Celsius) if the food is not to be consumed within four calendar days;

(a) Cooked as specified in the Nebraska Pure Food Act; or

(b) Thawed in a microwave oven and immediately transferred to conventional cooking equipment, with no interruption in the process; or

(a) Placing the food in shallow pans;

(b) Separating the food into smaller or thinner portions;

(c) Using rapid cooling equipment;

(d) Stirring the food in a container placed in an ice water bath;

(e) Using containers that facilitate heat transfer;

(f) Adding ice as an ingredient; or

(g) Other effective methods.

(a) Arranged in the equipment to provide maximum heat transfer through the container walls; and

(b) Loosely covered, or uncovered if protected from overhead contamination during the cooling period to facilitate heat transfer from the surface of the food.

(2) At forty-five degrees Fahrenheit (seven degrees Celsius) or below if the food is to be consumed within four calendar days or at forty-one degrees Fahrenheit (five degrees Celsius) or below if the food is not to be consumed within four calendar days.

(a) Seven calendar days or less if the food is held refrigerated at forty-one degrees Fahrenheit (five degrees Celsius) or below; or

(b) Four calendar days or less if the food is held refrigerated between forty-five degrees Fahrenheit (seven degrees Celsius) and forty-one degrees Fahrenheit (five degrees Celsius).

(a) Seven calendar days or less if the food is held refrigerated at forty-one degrees Fahrenheit (five degrees Celsius) or below; or

(b) Four calendar days or less if the food is held refrigerated between forty-five degrees Fahrenheit (seven degrees Celsius) and forty-one degrees Fahrenheit (five degrees Celsius).

This subsection does not apply to fermented sausages which retain an original casing or shelf stable salt-cured products produced in a federally inspected food processing plant that are not labeled "Keep Refrigerated" or to shelf stable, dry, fermented sausages when the face has been cut, but the remaining portion is whole and intact.

(4) A refrigerated, ready-to-eat, potentially hazardous food ingredient or a portion of a refrigerated, ready-to-eat, potentially hazardous food that is subsequently combined with additional ingredients or portions of food shall retain the date marking of the earliest-prepared or first-prepared ingredient.

(5) This section does not apply to individual meal portions served or repackaged for sale from a bulk container upon a consumer's request.

(a) Seven calendar days if the food is held refrigerated at forty-one degrees Fahrenheit (five degrees Celsius) or below; or

(b) Four calendar days if the food is held refrigerated between forty-five degrees Fahrenheit (seven degrees Celsius) and forty-one degrees Fahrenheit (five degrees Celsius).

(3) A food specified under subsection (3) of section 81-2,272.24 shall be discarded if not consumed within, including the day of opening the original container:

(a) Seven calendar days if the food is held refrigerated at forty-one degrees Fahrenheit (five degrees Celsius) or below; or

(b) Four calendar days if the food is held refrigerated between forty-five degrees Fahrenheit (seven degrees Celsius) and forty-one degrees Fahrenheit (five degrees Celsius).

(a) Not consumed before the most recent consumption date marked on the container;

(b) In a container or package which is not marked with a preparation date or number of days held in refrigeration before freezing; or

(c) Inappropriately marked with a consumption date or number of days held refrigerated that exceeds the restrictions under section 81-2,272.24.

(a) Forty-one degrees Fahrenheit (five degrees Celsius) shall be discarded if not sold within seven calendar days; or

(b) Forty-five degrees Fahrenheit (seven degrees Celsius) shall be discarded if not sold within four calendar days.

(2) The food is served or discarded within four hours from the point in time when the food is removed from temperature control;

(3) Food in unmarked containers or packages, or for which the time expires, is discarded; and

(4) Written procedures are maintained in the food establishment and made available to the regulatory authority, upon request, to ensure compliance with this section and section 81-2,272.21 for food that is prepared, cooked, and refrigerated before time is used as a public health control.

(a) Has an AW (water activity) of ninety-one hundredths or less;

(b) Has a pH of four and six-tenths or less; or

(c) Is a meat product cured and processed in the food establishment that at the time of processing had a concentration of sodium nitrite of one hundred twenty milligrams per liter or higher and has a brine concentration of at least three and one-half percent.

(3) Products packaged using a reduced oxygen method shall be maintained at forty-one degrees Fahrenheit (five degrees Celsius) or below.

(4) Except as provided in subdivision (2) of this section, products packaged using a reduced oxygen method shall be discarded if not sold within thirty days from processing if the food is processed at the food establishment. Food processed by a food processing plant that has been repackaged by the food establishment shall be discarded if not sold within fourteen days from packaging by the food establishment or the original manufacturers "sell by" or "use by" date, whichever occurs first.

(5) Except as provided in subdivision (2) of this section, products packaged using a reduced oxygen method shall be labeled with a "sell by" or "use by" date which is not more than thirty days from the date it was processed by the food establishment. Food processed by a food processing plant that has been repackaged by the food establishment shall be labeled with a "sell by" or "use by" date which is not more than fourteen days from the date it was repackaged by the food establishment or the original manufacturer's "sell by" or "use by" date, whichever occurs first.

(6) Food establishments which process and package food using a reduced oxygen method shall have written policies for operational procedures that:

(a) Prohibit contacting ready-to-eat foods with bare hands without proper handwashing;

(b) Identify a designated area for reduced oxygen packaging which separates raw foods and ready-to-eat foods to minimize cross contamination;

(c) Restrict access to the processing equipment to only responsible trained personnel familiar with the potential hazards of the operation; and

(d) Delineate cleaning and sanitation procedures for food contact surfaces.

(8) A food establishment shall not package fish using a reduced oxygen method unless the fish remains frozen before, during, and after packaging or a variance has been granted by the regulatory authority.

(2) One or more closed portable water containers;

(3) An enclosed vehicular water tank;

(4) An on-premises water storage tank; or

(5) Piping, tubing, or hoses connected to an adjacent approved water source. Any hose used for conveying drinking water from a water tank shall have a smooth interior surface, be of food grade material, and, if not permanently attached, be clearly and durably identified as to its use.

(2) Receive water through the use of an approved water main;

(3) Have a permanent plumbing system; and

(4) Have at least one toilet which is permanent, convenient, and accessible.

(2) This section does not apply to a food employee such as a counter staff person who only serves beverages and wrapped or packaged foods, a host staff person, or a wait staff person if he or she presents a minimal risk of contaminating exposed food, clean equipment, utensils, and linens, and unwrapped single-service and single-use articles.

(a) If there is a power failure, mechanical failure, or other condition that results in an internal machine temperature that cannot maintain food temperatures as specified under the Nebraska Pure Food Act; and

(b) If a condition specified under subsection (1)(a) of this section occurs, until the vending machine is serviced and restocked with food that has been maintained at temperatures specified under the act.

(a) In a refrigerated vending machine, the ambient temperature shall not exceed forty- one degrees Fahrenheit (five degrees Celsius) or forty-five degrees Fahrenheit (seven degrees Celsius) as specified under the act for more than thirty minutes immediately after the vending machine is filled, serviced, or restocked; or

(b) In a hot holding vending machine, the ambient temperature shall not be below one hundred thirty-five degrees Fahrenheit (fifty-seven degrees Celsius) for more than one hundred twenty minutes immediately after the vending machine is filled, serviced, or restocked.

(2) A permitholder may be put on probation requiring such person to comply with the conditions set out in an order of probation issued by the director after: (a) The director determines the permitholder has not complied with subsection (1) of this section; (b) the permitholder is given written notice to comply and written notice of the right to a hearing to show cause why an order of probation should not be issued; and (c) the director finds that issuing an order of probation is appropriate based on the hearing record or on the available information if the hearing is waived by the permitholder.

(3) A permit may be suspended after: (a) The director determines the permitholder has not complied with subsection (1) of this section; (b) the permitholder is given written notice to comply and written notice of the right to a hearing to show cause why the permit should not be suspended; and (c) the director finds that issuing an order suspending the permit is appropriate based on the hearing record or on the available information if the hearing is waived by the permitholder.

(4) A permit may be immediately suspended and the director may order the permitholder's food establishment, food processing plant, or salvage operation closed prior to hearing when: (a) The director determines an immediate danger to the public health, safety, or welfare exists in or is caused by the permitholder's food establishment, food processing plant, or salvage operation; and (b) the permitholder receives the written notice to comply and written notice of the right to a hearing to show cause why the suspension should not be sustained. Within fifteen days after the suspension, the permitholder may request, in writing, a date for a hearing and the director shall consider the interests of the permitholder when the director establishes the date and time of the hearing, except that no hearing shall be held sooner than is reasonable under the circumstances. When a permitholder does not request a hearing date within such fifteen-day period, the director shall establish a hearing date and shall notify the permitholder of the date and time of such hearing.

(5) A permit may be revoked after: (a) The director determines the permitholder has committed serious, repeated, or multiple violations of any of the requirements of subsection (1) of this section; (b) the permitholder is given written notice to comply and written notice of the right to a hearing to show cause why the permit should not be revoked; and (c) the director finds that issuing an order revoking the permit is appropriate based on the hearing record or on the available information if the hearing is waived by the permitholder.

(6) Any food establishment, food processing plant, or salvage operation for which the permit has been suspended shall close and remain closed until the permit is reinstated. Any food establishment, food processing plant, or salvage operation for which the permit has been revoked shall close and remain closed until a new permit is issued.

(7) The director may terminate proceedings to suspend or revoke a permit or to subject a permitholder to an order of probation at any time if the reasons for such proceedings no longer exist. A permit which has been suspended may be reinstated, a person with a revoked permit may be issued a new permit, or a permitholder may no longer be subject to an order of probation if the director determines the conditions which prompted the suspension, revocation, or probation no longer exist.

(8) Proceedings for suspension, revocation, or probation shall not preclude the department from pursuing other civil or criminal actions.

(2) A notice to comply provided for in section 81-2,273 shall set forth the acts or omissions with which the permitholder is charged.

(3) A notice of the permitholder's right to a hearing provided for in the act shall set forth the time and place of the hearing except as provided in subsection (4) of section 81-2,273. A notice of the permitholder's right to such hearing shall include notice that a permitholder's right to a hearing may be waived pursuant to subsection (5) of this section. A notice of the permitholder's right to a hearing to show cause why the permit should not be revoked shall include notice to the permitholder that the permit may be revoked or suspended, that the permitholder may be subject to an order of probation, or that the permit may be suspended and the permitholder subject to an order of probation, if the director determines such action is more appropriate. A notice of the permitholder's right to a hearing to show cause why the permit should not be suspended shall include notice to the permitholder that the permit may be suspended or that the permitholder may also be subject to an order of probation if the director determines such action is more appropriate.

(4) The hearings provided for in the act shall be conducted by the director at the time and place he or she designates. The director shall make a final finding based upon the complete hearing record and issue an order. If the director has suspended a permit pursuant to subsection (4) of section 81-2,273, the director shall sustain, modify, or rescind the order. All hearings shall be in accordance with the Administrative Procedure Act.

(5) A permitholder shall be deemed to waive the right to a hearing if such permitholder does not come to the hearing at the time and place set forth in the notice described in subsection (3) of this section without requesting the director at least two days before the designated time to change the time and place for the hearing, except that before an order of the director becomes final, the director may designate a different time and place for the hearing if the permitholder shows the director that the permitholder had a justifiable reason for not coming to the hearing and not timely requesting a change in the time and place for such hearing. If the permitholder waives the right to a hearing, the director shall make a final finding based upon the available information and issue an order. If the director has suspended a permit pursuant to subsection (4) of section 81-2,273, the director shall sustain, modify, or rescind the order.

(6) Any person aggrieved by the finding of the director shall have ten days from the entry of the director's order to request a new hearing if such person can show that a mistake of fact has been made which affected the director's determination. Any order of the director shall become final upon the expiration of ten days after its entry if no request for a new hearing is made.

(2) It shall be the responsibility of the regulatory authority to inspect food establishments and food processing plants as often as required by the act. An inspection of a salvage operation shall be performed at least once every three hundred sixty-five days of operation. Additional inspections shall be performed as often as is necessary for the efficient and effective enforcement of the act.

(3) All inspections conducted pursuant to the act shall be performed by persons who are registered environmental health specialists or trainees as defined in section 71-3702.

(4) Duly authorized personnel of the regulatory authority after showing proper identification shall have access at all reasonable times to food establishments, food processing plants, or salvage operations required by the act to obtain a permit to perform authorized regulatory functions. Such functions shall include, but not be limited to, inspections, checking records maintained in the establishment or other locations to obtain information pertaining to food and supplies purchased, received, used, sold, or distributed, copying and photographing violative conditions, and examining and sampling food. When samples are taken, the inspectors shall pay or offer to pay for samples taken. The authorized personnel shall also have access to the records of salvage operations pertaining to distressed salvageable and salvaged merchandise purchased, received, used, sold, or distributed.

(5) Regulatory activities performed by a political subdivision or state agency under contract shall conform with the provisions of the act and such activities shall have the same effect as those performed by the department. Any interference with the regulatory authority's duty to inspect shall be an interference with the department's duties for the purposes of section 81-2,273.

(2) Food shall be deemed to be adulterated if:

(a) It bears or contains any substance which may render it injurious to health, considering the quantity of such substance in or on the food;

(b) It consists in whole or in part of any diseased, contaminated, filthy, putrid, or decomposed substance or is otherwise unsafe for use as food;

(c) It has been manufactured, processed, packaged, stored, or held under insanitary conditions where it may have become unsafe for use as food;

(d) It is the product of a diseased animal or one that has died by any means other than slaughter;

(e) Its container is so constructed as to render the food unsafe or otherwise injurious to health; or

(f) Any valuable constituent of the food has been wholly or partially omitted or abstracted.

(2) A food shall be deemed to be misbranded if:

(a) It does not bear labeling clearly stating (i) the identity of the food in terms likely to be easily and accurately understood by the consumer, (ii) the net quantity of contents of the food in terms authorized under the Weights and Measures Act, and (iii) the name and address of the manufacturer, distributor, or seller of the food; or

(b) Its labeling is false or misleading in any manner.

(2) A food shall be deemed to be deceptively packed or packaged if:

(a) Any substance has been added to, mixed with, or packed with the food so as to increase its bulk or weight, reduce its quality or strength, or make it appear to be better or of greater value than it actually is; or

(b) Any inferiority or damage to the food has been concealed in any manner.

(2) An advertisement of a food shall be deemed to be false if it is false or misleading in any manner, including the following:

(a) The advertising of food as that of another;

(b) The advertising of food in a manner causing the likelihood of confusion or of misunderstanding as to the source, sponsorship, approval, or certification of such food;

(c) The advertising of food in a manner causing the likelihood of confusion or misunderstanding as to affiliation, connection, or association with or certification by another;

(d) The advertisement of food by use of deceptive representations or deceptive designation of geographic origin in connection with such food;

(e) The advertisement of food by way of representations that the food has sponsorship, approval, characteristics, ingredients, benefits, uses, or qualities that it does not have or that a person or company has a sponsorship, approval status, affiliation, or connection that he, she, or it does not have;

(f) The advertisement of food by way of a representation that the food is of a particular standard, quality, or grade when it is not;

(g) The advertisement of food by disparaging the food of another by false or misleading representations of fact;

(h) The advertisement of food with an intent not to sell it as advertised or an intent to sell an alternative food in substitution for the advertised food;

(i) The advertisement of food with the intent not to supply a reasonably expectable public demand unless the advertisement imposes a limitation of quantity; or

(j) The advertisement of food by making false or misleading statements of fact concerning the reasons for, existence of, or amounts of price reductions.

(2) The department may contract with agencies of the federal government for the performance by the department of inspections and other regulatory functions at food establishments, food processing plants, or salvage operations within the state which are subject to federal jurisdiction and may receive federal funds for work performed under such contracts.

(3) Except as provided in subsection (2) of this section, the provisions of the act shall not apply to establishments or specific portions of establishments regularly inspected for proper sanitation by an agency of the federal government.

(a) Administrative information about the food establishment's legal identity, street and mailing addresses, type of establishment and operation, inspection date, status of the permit, and personnel certificates that may be required;

(b) Specific factual observations of violative conditions, omissions, or other deviations from the requirements of the Nebraska Pure Food Act that require correction by the permitholder; and

(c) Whether the violations listed are critical or repeated.

(3) All procedures and requirements related to the inspection of food establishments in the act apply to food processing plants and salvage operations.

(4) The completed inspection report form is a public document that shall be made available for public disclosure to any person who requests it according to law.

(2) It shall be the duty of the county attorney of the county in which any violation of the act occurs or is about to occur, when notified of such violation or threatened violation by the department, to cause appropriate proceedings under subsection (1) of this section to be instituted and pursued in the district court without delay.

(2) It shall be the duty of the county attorney of the county in which any violation of the Nebraska Pure Food Act occurs or is about to occur, when notified of such violation by the department, to cause appropriate proceedings under subsection (1) of this section to be instituted and pursued in a court of competent jurisdiction.