State Codes and Statutes

State Codes and Statutes

Statutes > Nebraska > Chapter53 > 53-123_13

53-123.13. Farm winery; waiver of requirement;when; conditions.(1) If the operator of a farm winery isunable to produce or purchase seventy-five percent of the grapes, fruit, orother suitable agricultural products used in the farm winery from within thestate due to natural disaster which causes substantial loss to the Nebraska-growncrop, such operator may petition the commission to waive the seventy-five-percentrequirement prescribed in section 53-103.13 for one year.(2) It shall be within the discretion of the commission to waive theseventy-five-percent requirement taking into consideration the availabilityof products used in farm wineries in this area and the ability of such operatorto produce wine from products that are abundant within the state.(3) If the operator of a farm winery is granted a waiver, any productpurchased as concentrated juice from grapes or other fruits from outside ofNebraska, when reconstituted from concentrate, may not exceed in total volumealong with other products purchased the total percentage allowed by the waiver.(4) Any product purchased under the waiver or as part of the twenty-fivepercent of allowable product purchased that is not Nebraska-grown for theproduction of wine shall not exceed the twenty-five percent volume allowedunder state law if made from concentrated grapes or other fruit, when reconstituted.The concentrate shall not be reduced to less than twenty-two degrees Brixin accordance with 27 C.F.R. 24.180. SourceLaws 1985, LB 279, § 6; Laws 1986, LB 871, § 2; Laws 1989, LB 441, § 5; Laws 1991, LB 344, § 24; Laws 1994, LB 859, § 5; Laws 2004, LB 485, § 13; Laws 2008, LB1103, § 3; Laws 2010, LB861, § 54.