(1) No person shall operate: (a) A food establishment; (b) a food processing plant; or (c) a salvage operation, without a valid permit which sets forth the types of operation occurring within the establishment.

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
  • 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

(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 or notifying the regulatory authority, 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 (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:

No Food
Additional Preparation
First Food Area,
Food Preparation Unit
Preparation Area Or
Area Annual Units
Food Initial Annual Inspection Annual
Handling Permit Inspection Fee Inspection
Activity Fee Fee (per area) Fee
Convenience Store $86.19 $86.19 $43.09 N/A
Itinerant Food Vendor $86.19 $86.19 $43.09 N/A
Licensed Beverage
Establishment $86.19 $86.19 $43.09 N/A
Limited Food Service
Establishment $86.19 $86.19 $43.09 N/A
Temporary Food
Establishment $86.19 $86.19 $43.09 N/A
Food Delivery Service $86.19 N/A N/A $17.23
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
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