PREPARED BY: Clinton Verner
LB 245 DATE PREPARED: March 18, 2025
PHONE: 402-471-0056
Revision: 01
FISCAL NOTE
Revised for AM501 LEGISLATIVE FISCAL ANALYST ESTIMATE
ESTIMATE OF FISCAL IMPACT – STATE AGENCIES (See narrative for political subdivision estimates)
FY 2025-26 FY 2026-27
EXPENDITURES REVENUE EXPENDITURES REVENUE
GENERAL FUNDS
CASH FUNDS See below See below
FEDERAL FUNDS
OTHER FUNDS
TOTAL FUNDS See below See below
Any Fiscal Notes received from state agencies and political s ubdivisions are attached following the Legislative Fiscal Analyst Estimate.
LB245 with AM501 would do the following:
- Updates the Food Code for the 2022 Recommendations of the United States Public Health Service, Food and Drug
Administration, conforms state code with Federal code;
- Amends definitions to Food Establishment and pharmacy under the Pure Food Act ;
- Updates the references to the federal Current Good Manufacturing P ractice to conform with current federal code;
- Creates a temperature requirement for Food Establishments under the Pure Food Act;
- Updates fees under the Pure Food Act and Weights and Measures Act;
- Creates exemptions to the fees under the Pure Food Act;
- Updates the reference guidance for the Weights and Measures Act; and
- Declares an emergency.
Amendments to the fee schedules are as follows:
Statutory Maximum as amended by AM501
Permit Type
Initial Permit
Fee
Base Annual
Fee
Secondary or
Additional
Food
Preparation
Area Annual
Fee
Secondary
Unity or
Units
Annual Fee
Initial Permit
Fee
Base Annual
Fee
Secondary or
Additional
Food
Preparation
Area Annual
Fee
Secondary
Unity or Units
Annual Fee
Limited Retail Food Establishment86.19$ 86.19$ 43.09$ N/A 122.00$ 122.00$ 61.00$ N/A
Itinerant Food Vendor 86.19$ 86.19$ 43.09$ N/A 122.00$ 122.00$ 61.00$ N/A
Limited Food Service Establishment86.19$ 86.19$ 43.09$ N/A 122.00$ 122.00$ 61.00$ N/A
Mobile Food Unit 86.19$ n/a n/a 43.09$ 122.00$ N/A N/A 61$
Pushcart 86.19$ N/A N/A 17.23$ 122.00$ N/A N/A 24$
Vending Machine 86.19$ 122.00$
One to ten units N/A N/A 17.23$ N/A N/A 24$
Eleven to twenty units N/A N/A 34.46$ N/A N/A 49$
Twenty-one to thirty unitys N/A N/A 51.69$ N/A N/A 73$
Thirty-one to forty units N/A N/A 86.15$ N/A N/A 98$
Over forty units N/A N/A 86.15$ N/A N/A 122$
Food Processing Plant 86.19$ 120.64$ 43.09$ N/A 122.00$ 171.00$ 61.00$ N/A
Salvage Operation 86.19$ 120.64$ 43.00$ 122.00$ 171.00$ 61.00$ N/A
Commissary 86.19$ 120.64$ 43.00$ N/A 122.00$ 171.00$ 61.00$ N/A
All Other Food Establishment 86.19$ 120.64$ 43.09$ N/A 122.00$ 171.00$ 61.00$ N/A
Existing Statutory Maximum
Pure Food Act Fees
CONTINUED ON PAGE 2
LB 245_01
PAGE 2
Min Max Min Max
Scales
Up through 35 pounds capacity 7.96$ 14.34$ 15.00$ 20.00$
Multiunit Scales 51.00$ 80.37$ 84.00$ 114.00$
Over 35 through 1,000 pounds capacity 15.13$ 25.35$ 27.00$ 36.00$
Over 1,000 through 4,000 pounds capacity31.87$ 51.03$ 54.00$ 72.00$
Over 4,000 through 50,000 pounds capacity36.65$ 58.36$ 61.00$ 83.00$
Over 50,000 through 150,000 pounds capacity39.04$ 62.03$ 65.00$ 88.00$
Over 150,000 pounds capacity 86.87$ 135.40$ 142.00$ 192.00$
Length Measuring Devices:
Cordage or fabric 16.56$ 27.55$ 29.00$ 40.00$
Pumps
Service Station Dispensers—per measuring
element 5.09$ 9.94$ 10.00$ 14.00$
High-capacity service station dispensers over
20 gallons per minute—per dispensing
element 17.52$ 29.02$ 30.00$ 41.00$
Compressed natural gas—per dispensing
element 91.65$ 142.74$ 150.00$ 202.00$
Meters
Vehicle tank meters 14.17$ 23.88$ 25.00$ 34.00$
Loading rack meters 31.87$ 51.03$ 54.00$ 72.00$
Liquid petroleum gas meters 40.00$ 63.50$ 67.00$ 90.00$
Liquid fertilizer and herbicide meters 36.65$ 58.36$ 61.00$ 83.00$
Liquid feed meters 36.65$ 58.36$ 61.00$ 83.00$
Cryogenic 53.39$ 84.04$ 88.00$ 119.00$
Mass Flow Metering Systems:
Mass flow meters (all liquid) 78.26$ 122.19$ 128.00$ 173.00$
Current fee
structure
Weights and Measures Fees
AM501
Regarding cash fund re venue increase resulting from amendments to the Pure Food Act, it woul d be dependent upon actions taken by
the Director of the Department of Agriculture. Regarding the amendments to the Weights and Measures Act, the minimal increase
(assuming the new levy is set at the new minimum under AM501) would be approximately $55,000 - $60,000 in additional revenue per
fiscal year, however the actual revenue would subject to the new levy set by the Director of Agriculture within the parameters of the act.
ADMINISTRATIVE SERVICES STATE BUDGET DIVISION: REVIEW OF AGENCY & POLT. SUB. RE SPONSE
LB: 245 AM: 501 AGENCY/POLT. SUB: Nebraska Department of Agriculture
REVIEWED BY: Joe Massey DATE: 3/18/2025 PHONE: (402) 471-4181
COMMENTS: Concur with the Nebraska Department of Agriculture assessment of no fiscal impact from LB 245 AM 501.
Please complete ALL (5) blanks in the first three lines. 2025
LB
(1) 245 AM510 FISCAL NOTE
State Agency OR Political Subdivision Name:
(2)
Nebraska Department of Agriculture
Prepared by:
(3) Ashley Dempsey Date Prepared:
(4)
3/13/2025 Phone:
(5)
402-429-2487
ESTIMATE PROVIDED BY STATE AGENCY OR POLITICAL SUBDIVISION
FY 2025-26 FY 2026-27
EXPENDITURES REVENUE EXPENDITURES REVENUE
GENERAL FUNDS
CASH FUNDS
FEDERAL FUNDS
OTHER FUNDS
TOTAL FUNDS
Explanation of Estimate:
LB245 as amended increases the ceiling for annual permit and inspection fees set by the Director each year
on or before July 1 for the Food Program, and the Weights and Measures Program. The current statutory
ceilings were last increased in 2012 and 2003 respectively. Pursuant to the statutory formula, the fees have
been at the maximum since July 1, 2023. The existing statutory fees were established so that both programs
were funded by approximately a 50/50 General Fund match with the fee revenues. The ceiling increases will
allow fees to maintain that 50/50 funding mix for FY2025-26 and subsequent fiscal years.
No fiscal impact as a direct result of LB245 as amended. Any additional appropriation needed due to increased
fees would be included in a mid-biennium adjustment or in the next biennium budget request.
_____________________________________________________________________________________________________ _
BREAKDOWN BY MAJOR OBJECTS OF EXPENDITURE
Personal Services:
POSITION TITLE
NUMBER OF POSITIONS
25-26 26-27
2025-26
EXPENDITURES
2026-27
EXPENDITURES
Benefits………………………………...……
Operating…………………………...……….
Travel………………………………………..
Capital outlay…………………...…………..
Aid…………………………………………...
Capital improvements……………………...
TOTAL…………………………… ….....