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Ex. DUT-NE-023 Standing duty Primary source read

Neb. Rev. Stat. § 81-2,273

Permitholder; duties; disciplinary action; effect; hearing; reinstatement of permit

Nebraska Legislature; administered by the Nebraska Department of Agriculture · Nebraska (State)

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The COVID Project

The record

Jurisdiction
Nebraska
Level
State
Authority
Nebraska Pure Food Act, Neb. Rev. Stat. §§ 81-2,239 to 81-2,292; Laws 1991, LB 358, § 42
Effective
standing throughout 2020 Q2 to 2021 Q3
End
standing (read as 2021-09-30)
In force
Standing (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Business closureStanding dutyOperating condition
Addressees
  • specified businesses: food establishments, food processing plants and salvage operations
Character
sanitary code duty
Collection
Standing duties: Nebraska DUT-NE

Operative words

(1) A holder of a permit issued under the Nebraska Pure Food Act shall comply with the act... and any order of the director... (4) A permit may be immediately suspended and the director may order the permitholder's food establishment... closed prior to hearing when: (a) The director determines an immediate danger to the public health, safety, or welfare exists

Penalty

Probation, suspension, immediate suspension and closure prior to hearing (§ 81-2,273(2)-(4)); Class IV misdemeanor (§ 81-2,290; DUT-NE-024); stop-sale and stop-use orders (§ 81-2,287); injunction (§ 81-2,289)

What it required

Every food establishment (restaurants, bars, grocery and convenience stores, food processors) held its permit on condition of compliance with the Act, the FDA Food Code adopted by reference (§ 81-2,257.01) and the Director's orders, and could be closed immediately upon 'an immediate danger to the public health, safety, or welfare'; § 81-2,270 forbids operation without a permit.

Retrieval note

Text unchanged since 1997. §§ 81-2,257.01 (Food Code adopted by reference), 81-2,244.01 (Food Code defined; the edition referenced in 2020-2021 was not verified), 81-2,270 (permit required), 81-2,287 and 81-2,289 were read on the official site and are not saved. The Food Code's employee-health exclusion provisions (ch. 2-201) are the standing sanitary duty of every food establishment to exclude ill food employees.

A record of The COVID Project. The instrument's text is the source's; the summary fields are The COVID Project's reading of it. Not legal advice.