LB 245 Legislature · 109th Legislature (2025-2026)

Change provisions of the Nebraska Pure Food Act and the Weights and Measures Act

LB 245 updates Nebraska's food safety regulations by amending the Pure Food Act and Weights and Measures Act. It harmonizes state rules with current federal standards, specifically adopting the 2022 FDA Food Code (excluding certain definitions like "adulterated food"). The bill clarifies exemptions for small-scale food operations, including home-based sales at farmers markets, bake sales, and temporary events like festivals, while removing outdated sections of the law. These changes directly affect small vendors, home cooks, and temporary food sellers by reducing regulatory burdens for specific activities. The law also updates requirements for food facility permits and equipment standards.
Bill status signed all 5 stages cleared
Introduction
Jan 2025
Committee Review
Mar 2025
Legislature Passage
Apr 2025
Legislature Passage
Mar 2025
Signed into Law
May 2025
Introduced Jan 14, 2025 Signed May 1, 2025
Maddy AI version diff · 2 comparisons

What changed between versions

Introduced Enrollment and Review ER28 · 5 edits
MODERATE
This bill updates Nebraska's Pure Food Act to align with the 2017 FDA Food Code instead of the 2022 version, modernizes definitions for food establishments, and expands exemptions for certain operations like farmers markets and private fundraising events. The changes clarify what businesses are regulated and reduce burdens on small-scale food operations.
Scope change
The bill expands exemptions for food establishments, particularly for private homes used for fundraising, farmers markets, and small-scale producers, while updating the regulatory framework to reference older federal standards.
DEFINITION

Updated the Food Code reference from 2022 to 2017 FDA recommendations, changing the regulatory standard applied to food establishments.

ELIGIBILITY

Expanded exemptions for private homes where food is prepared for sale at farmers markets, festivals, and other public events, allowing more small-scale producers to operate without full regulation.

Added exemption for fundraising events at private homes or areas where food is prepared for charitable purposes, provided consumers are informed the food came from an unregulated kitchen.

REQUIREMENT

Removed requirements for time/temperature control for safety foods, hand washing, food contact restrictions, date marking, and fingernail requirements for certain food employees.

ENFORCEMENT

Added new sections to the bill covering additional statutes (89-186, 89-187, 89-187.02, and 89-187.05) related to Weights and Measures Act harmonization.

Floor votes · Legislature Mar 14, 2025

How they voted

430
Passed · 6 other
Total votes 49
Mar 14, 2025
N Nonpartisan49
43 Yea 6
87% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
29
Key actions
7
Committee
2
Amendments
1
Jun 6, 2025
Introduced
Provisions/portions of LB394 amended into LB245 by AM501
legislature
May 1, 2025
Signed into law
Approved by Governor on April 29, 2025
executive
Apr 25, 2025
Legislature · Passed
President/Speaker signed
legislature
Apr 25, 2025
Legislature · Passed
Passed on Final Reading with Emergency Clause 38-7*-4
legislature
Apr 9, 2025
Legislature · Passed
DeKay AM759 adopted
legislature
Apr 9, 2025
Legislature · Passed
Enrollment and Review ER28 adopted
legislature
Mar 14, 2025
Legislature · Passed
Agriculture AM501 adopted
legislature
Mar 10, 2025
Legislature · Passed
Placed on General File with AM501
legislature
Jan 16, 2025
Committee
Referred to Agriculture Committee
legislature
Jan 14, 2025
Introduced
Date of introduction
legislature
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Barry DeKay
Barry DeKay
NNonpartisan
NE
40