Nebraska Revised Statutes
Chapter 69 - Personal Property
69-503 - Cigarettes; testing; requirements; performance standard; manufacturer; duties; civil penalty; State Fire Marshal; powers and duties.

69-503. Cigarettes; testing; requirements; performance standard; manufacturer; duties; civil penalty; State Fire Marshal; powers and duties.
(1) Except as provided in subsection (7) of this section, no cigarettes may be sold or offered for sale in this state or offered for sale or sold to persons located in this state unless the cigarettes have been tested in accordance with the following test method and meet the performance standard specified in this section, a written certification has been filed by the manufacturer with the State Fire Marshal in accordance with section 69-504, and the cigarettes have been marked in accordance with section 69-505. Testing shall be as follows:
(a) Testing of cigarettes shall be conducted in accordance with the American Society of Testing and Materials Standard E2187-04, Standard Test Method for Measuring the Ignition Strength of Cigarettes;
(b) Testing shall be conducted on ten layers of filter paper;
(c) No more than twenty-five percent of the cigarettes tested in a test trial in accordance with this subsection shall exhibit full-length burns. Forty replicate tests shall comprise a complete test trial for each cigarette tested;
(d) The performance standard required by this subsection shall only be applied to a complete test trial;
(e) Written certifications shall be based upon testing conducted by a laboratory that has been accredited pursuant to standard ISO/IEC 17025 of the International Organization for Standardization or other comparable accreditation standard required by the State Fire Marshal;
(f) Laboratories conducting testing in accordance with this subsection shall implement a quality control and quality assurance program that includes a procedure that will determine the repeatability of the testing results. The repeatability value shall be no greater than 0.19;
(g) This subsection does not require additional testing if cigarettes are tested consistent with the Reduced Cigarette Ignition Propensity Act for any other purpose; and
(h) Testing performed or sponsored by the State Fire Marshal to determine a cigarette's compliance with the performance standard required by this section shall be conducted in accordance with this subsection.
(2) Each cigarette listed in a certification submitted pursuant to section 69-504 that uses lowered permeability bands in the cigarette paper to achieve compliance with the performance standard set forth in this section shall have at least two nominally identical bands on the paper surrounding the tobacco column. At least one complete band shall be located at least fifteen millimeters from the lighting end of the cigarette. For cigarettes on which the bands are positioned by design, there shall be at least two bands fully located at least fifteen millimeters from the lighting end and ten millimeters from the filter end of the tobacco column, or ten millimeters from the labeled end of the tobacco column for nonfiltered cigarettes.
(3) A manufacturer of a cigarette that the State Fire Marshal determines cannot be tested in accordance with the test method prescribed in subdivision (1)(a) of this section shall propose a test method and performance standard for the cigarette to the State Fire Marshal. If the State Fire Marshal determines that another state has enacted reduced cigarette ignition propensity standards that include a test method and performance standard that are the same as those contained in the Reduced Cigarette Ignition Propensity Act and the State Fire Marshal finds that the officials responsible for implementing those requirements have approved the proposed alternative test method and performance standard for a particular cigarette proposed by a manufacturer as meeting the fire safety standards of that state's law or regulation under a legal provision comparable to this section, then the State Fire Marshal shall authorize that manufacturer to employ the alternative test method and performance standard to certify that cigarette for sale in this state, unless the State Fire Marshal demonstrates a reasonable basis why the alternative test should not be accepted under the act. All other applicable requirements of this section shall apply to the manufacturer.
(4) Each manufacturer shall maintain copies of the reports of all tests conducted on all cigarettes offered for sale for a period of three years and shall make copies of these reports available to the State Fire Marshal and the Attorney General upon written request. Any manufacturer who fails to make copies of these reports available within sixty days after receiving a written request shall be subject to a civil penalty not to exceed ten thousand dollars for each day after the sixtieth day that the manufacturer does not make such copies available.
(5) The State Fire Marshal may adopt a subsequent American Society of Testing and Materials Standard Test Method for Measuring the Ignition Strength of Cigarettes upon a finding that such subsequent method does not result in a change in the percentage of full-length burns exhibited by any tested cigarette when compared to the percentage of full-length burns the same cigarette would exhibit when tested in accordance with the American Society of Testing and Materials Standard E2187-04 and the performance standard in subdivision (1)(c) of this section.
(6) The State Fire Marshal shall review the effectiveness of this section and report every three years to the Legislature the State Fire Marshal's findings and, if appropriate, recommendations for legislation to improve the effectiveness of this section. The report and legislative recommendations shall be submitted electronically no later than November 15 each three-year period.
(7) The requirements of subsection (1) of this section shall not prohibit wholesale or retail dealers from selling their existing inventory of cigarettes on or after January 1, 2010, if the wholesale or retail dealer can establish that state tax stamps were affixed to the cigarettes prior to such date and if the wholesale or retail dealer can establish that the inventory was purchased prior to such date in comparable quantity to the inventory purchased during the same period of the prior year.
(8) The Reduced Cigarette Ignition Propensity Act shall be implemented in accordance with the implementation and substance of the New York Fire Safety Standards for Cigarettes as such standards existed on January 1, 2009.
Source

Structure Nebraska Revised Statutes

Nebraska Revised Statutes

Chapter 69 - Personal Property

69-109 - Security interest; personal property; sale or transfer without consent; penalty.

69-109.01 - Security interest; personal property; sale by auctioneer; no liability under conditions specified.

69-110 - Security interest; personal property; removal from county; penalty.

69-111 - Security interest; personal property; failure to account or produce for inspection; penalty.

69-201 - Pawnbroker, defined.

69-202 - Permit required; fees; application, contents; issuance; bond.

69-203 - Permit; business location; prohibited activities.

69-204 - Records required; inspection; stolen property; procedures.

69-205 - Reports to police; when required.

69-206 - Pawned or secondhand goods; restrictions on disposition; jewelry defined.

69-208 - Violation; penalty; permit; suspension or revocation; procedure.

69-209 - Pawnbroker; limitation on sale of goods.

69-210 - Pawnbrokers; customer fingerprint required; restrictions on property accepted.

69-301 - Act, how cited.

69-302 - Terms, defined.

69-303 - Ophthalmic provider; contact lens prescription.

69-304 - Ophthalmic provider; registration; requirements.

69-305 - Fees; disposition.

69-306 - Act; enforcement.

69-307 - Rules and regulations.

69-308 - Act, how cited.

69-309 - Terms, defined.

69-310 - Contact lenses or spectacles; prescription; contents; release to patient.

69-311 - Operation of kiosk; conditions.

69-312 - Over-the-counter spectacles.

69-313 - Uniform Credentialing Act; applicability; department; powers; civil penalty; Attorney General; powers.

69-314 - Rules and regulations.

69-401 - Terms, defined.

69-402 - Secondary metals recycler; purchase of regulated metals property; information required; duration; receipt.

69-403 - Peace officer; right to inspect property and records.

69-404 - Secondary metals recycler; limitations on payment.

69-405 - Seller; age restriction; identification required.

69-406 - Limitation on metal beer keg purchase or receipt.

69-406.01 - Manhole cover or sewer grate; purchase or receipt; limitations; payment.

69-407 - Exemptions.

69-408 - Violation; penalty.

69-409 - Sections; how construed.

69-501 - Act, how cited.

69-502 - Terms, defined.

69-503 - Cigarettes; testing; requirements; performance standard; manufacturer; duties; civil penalty; State Fire Marshal; powers and duties.

69-504 - Manufacturer; written certification; contents; fee; Reduced Cigarette Ignition Propensity Fund; created; use; investment; altered cigarettes; retesting required.

69-505 - Marking; inspections.

69-506 - Violations; civil penalty; seizure and destruction; additional remedies; Attorney General; powers and duties.

69-507 - Tax Commissioner; power to inspect; notice to State Fire Marshal.

69-508 - Attorney General; enforcement powers.

69-509 - Act; exemptions.

69-510 - Termination of act; conditions; preemption of local law.

69-511 - State Fire Marshal; rules and regulations.

69-1001 - Terms, defined.

69-1002 - Sale at auction; containers; labels; statement required.

69-1003 - Sale at auction; false statements; liability.

69-1004 - Sale at auction by carrier; when act inapplicable.

69-1005 - Violations; penalty.

69-1006 - Poultry; sales record; exceptions.

69-1007 - Poultry; sales record; violation; penalty.

69-1008 - Poultry; sale or delivery; false representations; penalty.

69-1101 - Labels required.

69-1102 - Violations; penalty.

69-1201 - Terms, defined.

69-1202 - Debt management; exceptions to act.

69-1203 - License; required.

69-1204 - License; application; fees; bond; expiration; copy of contract.

69-1205 - License; application; investigation; issuance.

69-1206 - License; renewal; fee; bond.

69-1207 - License; Secretary of State; deny; revoke; suspend; nontransferable.

69-1208 - Rules and regulations; promulgation.

69-1209 - Licensee; contract with debtor required; contents.

69-1210 - Licensee; bank account; separate; books and records.

69-1211 - Licensee; examination; cost; payment.

69-1212 - Licensee; debtor; fee; agreement; limitations.

69-1213 - Licensee; duties.

69-1214 - Licensee; acts forbidden.

69-1215 - Unlawful acts; penalty.

69-1216 - Limitation of actions.

69-1217 - Fees; disposition.

69-1301 - Terms, defined.

69-1302 - Property held or owing by a banking or financial organization or business association; presumed abandoned; when.

69-1303 - Unclaimed funds held and owing by a life insurance corporation; presumed abandoned; when.

69-1304 - Funds held or owing by any utility; presumed abandoned; when.

69-1305 - Stock, shareholding, or other intangible ownership interest; presumed abandoned; when.

69-1305.01 - Stock or other intangible ownership interest; applicability of act; conditions.

69-1305.02 - Credit memo; presumed abandoned; when.

69-1305.03 - Gift certificate or gift card; presumed abandoned; when.

69-1306 - Intangible personal property distributable in voluntary dissolution; presumed abandoned; when.

69-1307 - Intangible personal property and increment held in a fiduciary capacity; presumed abandoned; when.

69-1307.01 - Intangible personal property held by court, public entities, or political subdivision; presumed abandoned; when.

69-1307.02 - Unpaid wages; presumed abandoned; when.

69-1307.03 - Retirement funds; presumed abandoned; when.

69-1307.04 - Mineral rights and proceeds; presumed abandoned; when.

69-1307.05 - Intangible personal property held by life insurance corporation; presumed abandoned; when.

69-1307.06 - Military medal; report and delivery to State Treasurer.

69-1307.07 - Military medals; State Treasurer; duties.

69-1308 - Other intangible property; general-use prepaid card; presumed abandoned; when.

69-1309 - Owner in another state; property not presumed abandoned; when.

69-1310 - Property presumed abandoned; reports to State Treasurer; contents; filing date; property accompany report; prevent abandonment, when; verification.

69-1311 - Report of property presumed abandoned; notices; time; contents; exceptions.

69-1312 - Delivery of property to State Treasurer; exceptions.

69-1313 - Property; delivery to State Treasurer; custodian; holder relieved of liability; reimbursement.

69-1314 - Property paid or delivered to State Treasurer; owner not entitled to income.

69-1315 - Limitation of action; claim; effect.

69-1316 - Abandoned property; State Treasurer; sell; when; notice; title.

69-1317 - Abandoned property; Unclaimed Property Trust Fund; record; professional finder's fee; information withheld; when; transfers; Unclaimed Property Cash Fund; created; investment.

69-1318 - Person claiming interest in property delivered to state; claim; filing; directed to nonprofit organization, when.

69-1318.01 - Payment with respect to support order obligor authorized.

69-1319 - Claim; hearing; decision; payment.

69-1320 - Claim; appeal; procedure.

69-1321 - Abandoned property; State Treasurer; decline to accept; when; other payments or delivery authorized.

69-1322 - Failure to report property; State Treasurer; powers and duties; holder; duties.

69-1323 - Refusal to deliver property; action to enforce delivery.

69-1324 - Failing to render report or refusing to pay or deliver property; penalty.

69-1325 - State Treasurer; rules and regulations; adopt.

69-1326 - Property exempt from act.

69-1327 - Act, severability.

69-1328 - Act, how construed.

69-1329 - Act, how cited.

69-1330 - Certain unclaimed property; disposition.

69-1331 - Unclaimed property; sale; disposal; procedure.

69-1332 - Unclaimed property; sale proceeds; disposition.

69-1501 - Retailer; contract; termination; reimbursement for implements, machinery, and parts.

69-1502 - Prices for implements, machinery, and parts; how determined.

69-1503 - Manufacturer, wholesaler, or distributor; failure to furnish or make payment; liability; damages.

69-1504 - Retail dealer; majority stockholder; death; settlement with heirs.

69-1601 - Terms, defined.

69-1602 - Disclosure obligations.

69-1603 - Right to cancel; manner of cancellation.

69-1604 - Notice of right to cancel; form; foreign language; when delivered; time; exception.

69-1605 - Cancellation, effect.

69-1606 - Duty of buyer; failure of seller to take possession; performance of service, how treated.

69-1607 - Sale made in violation of sections; buyer recovery.

69-1701 - Outdoor advertising sign; removal by public body; compensation; how determined; exception.

69-1702 - Nonconforming advertising sign; conformance required; when.

69-1801 - Act, how cited.

69-1802 - Act, purpose.

69-1803 - Terms, defined.

69-1804 - Manufacturer; provide information.

69-1805 - Supplier of turquoise; provide information.

69-1806 - Sellers; duties.

69-1807 - Prohibited acts.

69-1808 - Violations; penalty.

69-1901 - Legislative intent.

69-1902 - Terms, defined.

69-1903 - Distribution for promotional purposes prohibited.

69-1904 - Enforcement; penalty.

69-2001 - Act, how cited.

69-2002 - Definitions, where found.

69-2003 - Biodegradable, defined.

69-2004 - Degradable, defined.

69-2005 - Photodegradable, defined.

69-2006 - Recyclable, defined.

69-2007 - Retail, defined.

69-2008 - Beverage container connectors; requirements.

69-2009 - Garbage bags; requirements.

69-2010 - Grocery or shopping bags; requirements.

69-2011 - Disposable diapers; requirements; Director of Environment and Energy; duties.

69-2012 - Violations; penalty.

69-2101 - Act, how cited.

69-2102 - Legislative findings.

69-2103 - Terms, defined.

69-2104 - Lessor; disclosures required.

69-2105 - Disclosures; how made; rules and regulations; agreement; contents.

69-2106 - Written receipt; required; when.

69-2107 - Agreements; prohibited provisions.

69-2108 - Agreement; contents.

69-2109 - Lessor; prohibited acts.

69-2110 - Fees; deposits; charges.

69-2111 - Renegotiation; when; extension; effect.

69-2112 - Advertisement; requirements.

69-2113 - Lessor; liability; offset, not permitted; lessor; preserve evidence.

69-2114 - Actions; statute of limitations.

69-2115 - Lessor; not liable; when.

69-2116 - Director of Banking and Finance; investigations; other proceedings; powers.

69-2117 - Cease and desist order; fine; injunction; procedures; appeal.

69-2118 - Examination of books and records.

69-2119 - Personal jurisdiction over lessor.

69-2201 - Unsolicited goods or merchandise; disposal.

69-2301 - Act, how cited.

69-2302 - Terms, defined.

69-2303 - Personal property remaining on premises; landlord; duties; notice; contents; delivery.

69-2304 - Notice; statement required.

69-2305 - Notice; form.

69-2306 - Landlord; property; removal and storage; liability.

69-2307 - Landlord; release of personal property; when.

69-2308 - Sale of personal property; when required; notice of sale; requirements; disposition of proceeds.

69-2309 - Release or disposition of personal property; liability of landlord.

69-2310 - Costs of storage; how assessed.

69-2311 - Residential landlord; surrender personal property to residential tenant; conditions; applicability of section.

69-2312 - Landlord retaining personal property; civil action authorized.

69-2313 - Lost personal property; disposition; liability.

69-2314 - Remedy; not exclusive.

69-2401 - Legislative findings and declarations.

69-2402 - Terms, defined.

69-2403 - Sale, lease, rental, and transfer; certificate required; exceptions.

69-2404 - Certificate; application; fee.

69-2405 - Application; chief of police or sheriff; duties; immunity.

69-2406 - Certificate; denial or revocation; appeal; filing fee.

69-2407 - Certificate; contents; term; revocation.

69-2408 - False information on application; other violations; penalties; confiscation of handgun.

69-2409 - Automated criminal history files; legislative intent; system implementation; Nebraska State Patrol; superintendent; duties; purchase, lease, rental, or transfer; election.

69-2409.01 - Database; created; disclosure; limitation; liability; prohibited act; violation; penalty; report; contents.

69-2410 - Importer, manufacturer, or dealer; sale or delivery; duties.

69-2411 - Request for criminal history record check; Nebraska State Patrol; duties; fee.

69-2412 - Records; confidentiality; destruction.

69-2413 - Nebraska State Patrol; toll-free telephone number; personnel.

69-2414 - Records; amendment; procedure.

69-2415 - Records; rules and regulations.

69-2416 - Licensed importer, manufacturer, or dealer; compliance not required; when.

69-2417 - Nebraska State Patrol; licensee; liability defense; when.

69-2418 - Instant criminal history record check; requirements; exemptions.

69-2419 - Criminal history records; prohibited acts; violation; penalty.

69-2420 - False statement; false identification; prohibited acts; violation; penalty.

69-2421 - Sale or delivery; violation; penalty.

69-2422 - Obtaining handgun for prohibited transfer; violation; penalty.

69-2423 - Nebraska State Patrol; annual report; contents.

69-2424 - Rules and regulations.

69-2425 - City or village ordinance; not preempted.

69-2426 - Dealers of firearms; distribution of information; Firearm Information Fund; created.

69-2427 - Act, how cited.

69-2428 - Permit to carry concealed handgun; authorized.

69-2429 - Terms, defined.

69-2430 - Application; form; contents; prohibited acts; penalty; permit issuance; denial; appeal.

69-2431 - Fingerprinting; criminal history record information check.

69-2432 - Nebraska State Patrol; handgun training and safety courses and instructors; duties; certificate of completion of course; fee.

69-2433 - Applicant; requirements.

69-2434 - Permit; design and form.

69-2435 - Permitholder; continuing requirements; return of permit; when.

69-2436 - Permit; period valid; fee; renewal; fee; notice of expiration.

69-2437 - Permit; nontransferable.

69-2438 - Limitation on liability.

69-2439 - Permit; application for revocation; prosecution; fine; costs.

69-2440 - Permitholder; duties; contact with peace officer or emergency services personnel; procedures for securing handgun.

69-2441 - Permitholder; locations; restrictions; posting of prohibition; consumption of alcohol; prohibited.

69-2442 - Injury to person or damage to property; permitholder; report required.

69-2443 - Violations; penalties; revocation of permit.

69-2444 - Listing of applicants and permitholders; availability; confidential information.

69-2445 - Carrying concealed weapon under other law; act; how construed.

69-2446 - Rules and regulations.

69-2447 - Department of Motor Vehicles records; use and update of information.

69-2448 - License or permit issued by other state or District of Columbia; how treated.

69-2449 - Information to permitholder regarding lost or stolen handgun or firearm.

69-2501 - Act, how cited.

69-2502 - Terms, defined.

69-2503 - Conformity with industry standards; codes required; department; duties.

69-2504 - Violations; penalty; enforcement duties.

69-2506 - Administrative costs; limitation; payment.

69-2507 - Act; applicability.

69-2601 - Act, how cited.

69-2602 - Definitions, where found.

69-2603 - Assistive device, defined.

69-2604 - Assistive device dealer, defined.

69-2605 - Assistive device lessor, defined.

69-2606 - Collateral costs, defined.

69-2607 - Consumer, defined.

69-2608 - Demonstrator, defined.

69-2609 - Major life activity, defined.

69-2610 - Manufacturer, defined.

69-2611 - Nonconformity, defined.

69-2612 - Reasonable allowance for use, defined.

69-2613 - Reasonable attempt to repair, defined.

69-2614 - Manufacturer; express warranty; requirements.

69-2615 - Manufacturer; consumer; assistive device lessor; duties.

69-2616 - Returned assistive device; resale or subsequent lease; lease; enforcement.

69-2617 - Rights and remedies.

69-2618 - Rental assistive device reimbursement; when.

69-2619 - Act; applicability.

69-2701 - Tobacco Enforcement Fund; created; use; investment.

69-2702 - Tobacco product manufacturer; terms, defined.

69-2703 - Tobacco product manufacturer; requirements to sell within the state.

69-2703.01 - Unconstitutionality of amendatory provision; effect.

69-2703.02 - Tobacco product manufacturer; qualified escrow fund; irrevocable assignment; form; amounts withdrawn; distribution.

69-2704 - Legislative findings.

69-2705 - Terms, defined.

69-2706 - Tobacco product manufacturer; certification; contents; Tax Commissioner; powers and duties; directory; prohibited acts.

69-2707 - Nonresident or foreign nonparticipating manufacturer; agent for service of process.

69-2707.01 - Nonparticipating manufacturers; bond or cash equivalent; amount; provide evidence to Attorney General and Tax Commissioner; failure to make escrow deposits; execution upon bond.

69-2708 - Stamping agent; duties; Tax Commissioner; Attorney General; powers.

69-2708.01 - Stamping agent; responsible for escrow deposits; when; liability; calculation.

69-2709 - Revocation or suspension of stamping agent license; civil penalty; termination of license; grounds; violations; penalties; effect of termination; eligibility for reinstatement; directory license; termination; procedure; contraband; actions...

69-2710 - Removal from directory; procedure.

69-2710.01 - Report; contents.

69-2710.02 - License of stamping agent; termination; grounds; cure; notice; reinstatement; removal from directory; grounds; cure; notice; procedure.

69-2710.03 - Rules and regulations.

69-2711 - Conflict of laws; how treated.