§ 2-3971 — Permit fees; inspection fees; other fees; rate

(1)(a) As a condition precedent
to the issuance of a permit pursuant to the Nebraska Milk Act, the annual
permit fees shall be paid to the department on or before August 1 of each
year as follows:
(i) Milk plant processing 100,000 or
less pounds per month...$100.00;
(ii) Milk plant processing 100,001 to
2,000,000 pounds per month...$500.00;
(iii) Milk plant processing more than
2,000,000 pounds per month...$1,000.00;
(iv) Receiving station.........................$200.00;
(v) Plant fabricating
single-service articles..$300.00;
(vi) Milk distributor..........................$150.00;
(vii) Transfer station.........................$100.00;
(viii) Milk tank
truck cleaning facility.......$100.00;
(ix) Bulk milk
hauler/sampler...................$25.00;
(x) Field representative........................$25.00;
(xi) Grade
A Milk producer..............................No
Fee; and
(xii) Manufacturing
milk producer........................No Fee.
(b) On or before each August 1 a Milk Transportation
Company shall pay twenty-five dollars for each milk tank truck in service on July 1 of the
current year, but in no case shall the fee be less than one hundred dollars.
(2)(a)
All milk or components of milk produced or processed in Nebraska
and milk or components of milk shipped in for processing shall be subject
to the payment of inspection fees as provided in this subsection.
(b) There shall be three categories of inspection fees as
follows:
(i) The inspection fee for raw milk purchased directly off
the farm by first purchasers shall have a maximum inspection fee of two and
five-tenths cents per hundredweight for raw milk and shall be paid by first
purchasers;
(ii) The inspection fee for milk processed by a milk plant
shall be seventy-five percent of the fee paid by first purchasers and shall
be paid by the milk plant; and
(iii) The inspection fee for components of milk processed
shall be fifty percent of the fee paid by first purchasers and shall be paid
by the milk plant.
(c) All fees shall be paid on or before the last
day of the month for milk or components of milk produced or processed
during the preceding month. Any
unpaid fee shall be increased one and one-half percent each month beginning
with the day following the date the fee was due. Any remaining amount due,
including any unpaid charges previously made pursuant to this section, shall
be increased at the same rate on the corresponding day of each succeeding
month until paid. The purpose of increasing the fees is to cover the administrative
costs associated with collecting fees, and all money collected as increased
fees shall be remitted to the State Treasurer for credit to the Pure Milk
Cash Fund.
(d) The director may raise or lower the inspection fees each
year, but the fees shall not exceed the maximum fees set out in subdivision
(b) of this subsection. The director shall determine the fees based on the
estimated annual revenue and fiscal year-end fund balance determined as follows:
(i) The estimated annual revenue shall not be greater than
one hundred seven percent of the program cash fund appropriations allocated
for the Nebraska Milk Act;
(ii) The estimated fiscal year-end cash fund balance shall
not be greater than seventeen percent of the program cash fund appropriations
allocated for the act; and
(iii) All fee increases or decreases shall be equally distributed
between categories to maintain the percentages set forth in subdivision (b)
of this subsection.
(3) If any person required
to have a permit pursuant to the act has been operating prior to applying
for a permit, an additional fee of one hundred dollars shall be paid upon
application.

Legislative History

Source: Laws 1980, LB 632, § 6; Laws 1986, LB 900, § 6; Laws 1992, LB 366, § 4; Laws 1997, LB 752, § 58; Laws 2001, LB 198, § 3; R.S.Supp.,2006, § 2-3906; Laws 2007, LB111, § 7; Laws 2013, LB67, § 3.