Nebraska Legislative Bill 607 (2025) - (Introduced)

Covered product means packaging and paper products sold or supplied to consumers for personal, noncommercial use and disposed of through residential curbside or drop-off site collection systems.

For items sold in or with packaging at a physical retail location in this state:
If the item is sold in or with packaging under the brand of the item manufacturer or is sold in packaging that lacks identification of a brand, the producer is the person that manufactures the item. If there is no manufacturer or licensee, the producer is the brand owner.

For items sold or distributed in packaging in or into this state via e-commerce, remote sale, or distribution:
For packaging used to directly protect or contain the item, the producer of the packaging is the brand owner.
For packaging used to ship the item to a consumer, the producer of the packaging is the person that packages the item to be shipped to the consumer.

For paper products:
If the paper product is sold under the manufacturer's own brand, the producer is the person that manufactures the paper product.
For paper products that are magazines, catalogs, telephone directories, or similar publications, the producer is the publisher.

For items sold in or with packaging at a physical retail location in this state:
If there is no brand manufacturer, the producer is the person that is licensed to manufacture and sell or offer for sale to consumers in this state an item with packaging under the brand or trademark of another manufacturer or person.

For paper products:
If there is no brand owner, the producer is the person that is the owner or licensee of a brand or trademark under which the paper product is used in a commercial enterprise, sold, offered for sale, or distributed in or into this state, whether or not the trademark is registered in this state.

For items sold in or with packaging at a physical retail location in this state:
If there is no brand or licensee, the producer is the person who is the importer of record for the item into the United States or the producer is the person that first distributes the item in or into this state.

For items sold or distributed in packaging in or into this state via e-commerce, remote sale, or distribution:
If there is no brand owner, the producer of the packaging is the person that first distributes the item in or into this state.

For paper products:
If there is no brand or licensee within the United States, the producer is the person that imports the paper product into the United States for use in a commercial enterprise that sells, offers for sale, or distributes the paper product in this state.

If the producer is a business operated wholly or in part as a franchise, the producer is the franchisor if that franchisor has franchisees that have a commercial presence within the state.

De minimis producers that annually sell, offer for sale, distribute, or import in or into the country for sale in Nebraska less than one ton of covered products each year; or have a global gross revenue of less than five million dollars for the most recent fiscal year of the organization are not producers.

The department shall calculate an adjusted rate to maintain the de minimis exemption by the rate of inflation. The adjusted rate shall be calculated to the nearest cent using the Consumer Price Index for All Urban Wage Earners. Each adjusted rate calculated under this subdivision takes effect on the following January 1.

Government agencies, municipalities, or other political subdivisions of the state are not producers.

Charitable organizations 501(c)(3) and social welfare organizations 501(c)(4) are not producers.

Beginning January 1, 2026, a producer that offers for sale, sells, or distributes in or into Nebraska covered products shall register with the department individually or through a third-party representative registering on behalf of a group of producers.

Beginning January 1, 2026, a producer that offers for sale, sells, or distributes in or into Nebraska covered products shall register with the department individually or through a third-party representative registering on behalf of a group of producers.

By April 1, 2026, and every April 1 thereafter, producers shall submit a fee payment of one thousand dollars.

Fee payments shall be deposited in the Waste Reduction and Recycling Incentive Fund.

The department may set a single fee for third-party representatives of producers to be paid on behalf of all producers which are members.

Beginning January 1, 2026, a producer that offers for sale, sells, or distributes in or into Nebraska covered products shall register with the department individually or through a third-party representative registering on behalf of a group of producers.

Beginning in 2027, a producer may submit registration information at the same time as the information submitted through the annual reporting.

Beginning April 1, 2027, each producer of covered products, individually or through a third party representing a group of producers, shall provide an annual report to the department that includes, by material category, the volume in pounds of covered products sold, offered for sale, or distributed in or into Nebraska during the preceding calendar year.

For producers out of compliance with the registration or reporting requirements of the Extended Producer Responsibility Data Collection Act, the department shall provide written notification and offer information to producers. Written notification serves as notice of the violation. The department shall issue at least two notices of violation by certified mail prior to assessing a penalty. The department may assess a penalty in an amount not to exceed one thousand dollars for each day for a violation of the Extended Producer Responsibility Data Collection Act.