reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-962 - Notices; how served.

2-962.
Notices; how served.
All individual notices, service of which is provided for in the Noxious Weed Control Act, shall be in writing. Service of such notices shall be in the same manner as service of a summons in a civil action in the district court or by certified mail to the last-known address to be ascertained, if necessary, from the last tax list.
Source
Laws 1965, c. 7, § 11, p. 86;
Laws 1987, LB 1, § 6;
Laws 1987, LB 138, § 11;
Laws 1989, LB 49, § 12.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-963 - Violations; penalty; county attorney; duties.

2-963.
Violations; penalty; county attorney; duties.
(1) Any person who intrudes upon any land under quarantine, who moves or causes to be moved any article covered by section 2-957 except as provided in such section, who prevents or threatens to prevent entry upon land as provided in section 2-961, or who interferes with the carrying out of the Noxious Weed Control Act shall be guilty of a Class IV misdemeanor in addition to any penalty imposed pursuant to section 2-955.
(2) It shall be the duty of the county attorney of the county in which any violation of section 2-955 or this section occurs, when notified of such violation by the county board or control authority, to cause appropriate proceedings to be instituted and pursued in the appropriate court without delay.
Source
Laws 1965, c. 7, § 12, p. 86;
Laws 1974, LB 694, § 2;
Laws 1975, LB 14, § 9;
Laws 1977, LB 40, § 5;
Laws 1983, LB 154, § 2;
Laws 1987, LB 1, § 7;
Laws 1987, LB 138, § 12;
Laws 1989, LB 49, § 13.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-965 - Project of control without individual notice; control authority; powers.

2-965.
Project of control without individual notice; control authority; powers.
A control authority may direct and carry out projects of control for one or more specific noxious weeds without individual notice as prescribed in section 2-955 if the control authority has caused publication of notices of such project as provided in this section. The notice shall be published in one or more newspapers of general circulation throughout the area over which such control authority has jurisdiction and shall be published weekly for four successive weeks prior to the project commencement date specified in the notice for the control project. Such notice shall state the noxious weed or weeds to be controlled by the project, the date the project will commence, and the approximate period of time when the project will be carried out. In no event shall a fine or lien be assessed against a landowner as prescribed in section 2-955 for a project under this section unless the control authority has caused individual notice to be served upon the landowner as specified in section 2-955.
Source
Laws 2006, LB 1226, § 1.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-965.01 - Advisory committee; membership.

2-965.01.
Advisory committee; membership.
The director shall convene an advisory committee to advise the director concerning his or her responsibilities under the noxious weed control program. Representatives from the Nebraska Weed Control Association, the leafy spurge task force, state or federal agencies actively concerned with the control of noxious weeds, the University of Nebraska Institute of Agriculture and Natural Resources, and cities and villages of this state, persons actively involved in agriculture, and others in the public and private sector may serve on such committee at the request of the director. If an advisory committee is convened, members shall not receive any reimbursement for expenses.
Source
Laws 1989, LB 49, § 15.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-966 - Certain noxious weed control districts; dissolution; title to real estate.

2-966.
Certain noxious weed control districts; dissolution; title to real estate.
Title to any real estate standing in the name of any noxious weed control district created under sections 2-910 to 2-951, which district was dissolved by the repeal of such sections by Laws 1965, chapter 7, section 15, is hereby quieted in the county in which such real estate is located. Any such real estate shall be held by the county for the use of the control authority created pursuant to sections 2-952 to 2-963 or may be sold and the proceeds from such sale deposited to the credit of the control authority.
Source
Laws 1969, c. 3, § 1, p. 66;
Laws 1975, LB 14, § 11;
Laws 1987, LB 1, § 9;
Laws 1987, LB 138, § 13.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-969 - Riparian Vegetation Management Task Force; created; members.

2-969.
Riparian Vegetation Management Task Force; created; members.
The Riparian Vegetation Management Task Force is created. The Governor shall appoint the members of the task force. The members shall include one surface water project representative from each river basin that has ever been determined to be fully appropriated pursuant to section 46-714 or 46-720 or is designated as overappropriated pursuant to section 46-713 by the Department of Natural Resources; one surface water project representative from a river basin that has not been determined to be fully appropriated pursuant to section 46-714 or 46-720 or is not designated as overappropriated pursuant to section 46-713 by the Department of Natural Resources; one representative from the Department of Agriculture, the Department of Environment and Energy, the Department of Natural Resources, the office of the State Forester, the Game and Parks Commission, and the University of Nebraska; three representatives selected from a list of at least ten individuals nominated by the Nebraska Association of Resources Districts; two representatives selected from a list of at least five individuals nominated by the Nebraska Weed Control Association; one riparian landowner from each of the state's congressional districts; and one representative from the Nebraska Environmental Trust. In addition to such members, any member of the Legislature may serve as a nonvoting, ex officio member of the task force at his or her option. For administrative and budgetary purposes only, the task force shall be housed within the Department of Agriculture.
Source
Laws 2016, LB1038, § 3;
Laws 2019, LB302, § 7.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-970 - Riparian Vegetation Management Task Force; duties; meetings; report.

2-970.
Riparian Vegetation Management Task Force; duties; meetings; report.
The Riparian Vegetation Management Task Force, in consultation with appropriate federal agencies, shall develop and prioritize vegetation management goals and objectives, analyze the cost-effectiveness of available vegetation treatment, and develop plans and policies to achieve such goals and objectives. Any plan shall utilize the principles of integrated vegetation management and sound science. The task force shall convene within thirty days after the appointment of the members is complete to elect a chairperson and conduct such other business as deemed necessary. An annual report shall be submitted to the Governor and the Legislature by June 30 each year with the first report due on June 30, 2017. The report submitted to the Legislature shall be submitted electronically. It is the intent of the Legislature that expenses of the task force not exceed twenty-five thousand dollars of the total appropriation to the program per fiscal year.
Source
Laws 2016, LB1038, § 4.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-1072 - Act, how cited.

2-1072.
Act, how cited.
Sections 2-1072 to 2-10,117 shall be known and may be cited as the Plant Protection and Plant Pest Act.
Source
Laws 1988, LB 874, § 1;
Laws 1993, LB 406, § 1;
Laws 2008, LB791, § 1;
Laws 2013, LB68, § 1.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-1073 - Public policy declaration.

2-1073.
Public policy declaration.
It is hereby declared to be the public policy of the State of Nebraska and the purpose of the Plant Protection and Plant Pest Act to protect and foster the health, prosperity, and general welfare of Nebraska residents by preserving and protecting the plant industry and the agricultural interests of the state. Because of the importance of the plant industry and agricultural interests to the welfare and economy of the state and the damage which can result from the uncontrolled proliferation of plant pests, there is a need to impose standards and restrictions on the movement and care of plants and the movement, treatment, control, and eradication of plant pests within the state. The Department of Agriculture shall be charged with administering and enforcing such standards and restrictions through the act.
Source
Laws 1988, LB 874, § 2;
Laws 2017, LB274, § 1.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-1074 - Definitions, where found.

2-1074.
Definitions, where found.
For purposes of the Plant Protection and Plant Pest Act, unless the context otherwise requires, the definitions found in sections 2-1074.01 to 2-1089 shall be used.
Source
Laws 1988, LB 874, § 3;
Laws 1993, LB 406, § 2;
Laws 2008, LB791, § 2;
Laws 2013, LB68, § 2.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-1074.01 - Biological control, defined.

2-1074.01.
Biological control, defined.
Biological control shall mean:
(1) The use by humans of living organisms to control or suppress undesirable animals, plants, or microorganisms which affect plants or plant pests; or
(2) The action of parasites, predators, pathogens, or competitive organisms on a host or prey population which affect plants or plant pests to produce a lower general equilibrium than would prevail in the absence of the biological control agents.
Source
Laws 1993, LB 406, § 3.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-1075 - Biological control agent, defined.

2-1075.
Biological control agent, defined.
Biological control agent shall mean a parasite, predator, pathogen, or competitive organism intentionally released by humans for the purposes of biological control with the intent of causing a reduction of a host or prey population.
Source
Laws 1988, LB 874, § 4;
Laws 1993, LB 406, § 4.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-1075.02 - Certified seed potatoes, defined.

2-1075.02.
Certified seed potatoes, defined.
Certified seed potatoes means seed potatoes which have been certified by a certification entity recognized by the department to certify that the seed potatoes are free of regulated plant pests.
Source
Laws 2008, LB791, § 3.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-1075.03 - Certification inspection of Nebraska-grown nursery stock, defined.

2-1075.03.
Certification inspection of Nebraska-grown nursery stock, defined.
Certification inspection of Nebraska-grown nursery stock shall mean an inspection performed pursuant to section 2-1095.
Source
Laws 2013, LB68, § 3.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-1079 - Distribute, defined.

2-1079.
Distribute, defined.
Distribute shall mean selling, exchanging, bartering, moving, or transporting; offering to sell, exchange, barter, move, or transport; holding nursery stock for sale, exchange, or barter; acting as a broker; or otherwise supplying. Distribute shall not include moving or transporting on contiguous real estate that is owned, leased, or controlled by the same person.
Source
Laws 1988, LB 874, § 8;
Laws 1993, LB 406, § 7.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-1079.01 - Distribution location, defined.

2-1079.01.
Distribution location, defined.
Distribution location shall mean each place nursery stock is offered for sale or sold and shall also include all locations of a vehicle from which nursery stock is offered for sale or sold directly. Distribution location shall not include each location from which an order is made by a purchaser ordering by mail, telephone, or facsimile transmission but shall include the location where such orders are received within the state.
Source
Laws 1993, LB 406, § 8.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-1079.02 - Genetically engineered plant organism, defined.

2-1079.02.
Genetically engineered plant organism, defined.
Genetically engineered plant organism shall mean an organism altered or produced through genetic modification from a donor, vector, or recipient organism using recombinant deoxyribonucleic acid techniques.
Source
Laws 1993, LB 406, § 9.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-1079.03 - Grow, defined.

2-1079.03.
Grow, defined.
Grow shall mean to produce a plant or plant product, by propagation or cultivation, including, but not limited to, division, transplant, seed, or cutting, generally over a period of one year or greater. Grow does not include transferring nursery stock from one container to another or potting bare-root nursery stock, if the stock will be distributed within twelve months.
Source
Laws 2013, LB68, § 4.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-1080.01 - Harmonization plan, defined.

2-1080.01.
Harmonization plan, defined.
Harmonization plan shall mean any agreement between states, or a state or states and the federal government, designed to limit the spread of a plant pest into or out of a designated area.
Source
Laws 2013, LB68, § 5.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-1081 - Nuisance plant, defined.

2-1081.
Nuisance plant, defined.
Nuisance plant shall mean any plant not economically essential to the welfare of the people of Nebraska, as determined by the department, and which may serve as a favorable host of plant pests or may be detrimental to the agricultural interests of the State of Nebraska.
Source
Laws 1988, LB 874, § 10.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-1082 - Nursery, defined.

2-1082.
Nursery, defined.
Nursery shall mean any property where nursery stock is grown, propagated, collected, or distributed and shall include, but not be limited to, private property or any property owned, leased, or managed by any agency of the United States, the State of Nebraska or its political subdivisions, or any other state or its political subdivisions where nursery stock is fumigated, treated, packed, or stored by any person.
Source
Laws 1988, LB 874, § 11.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-1083 - Nursery stock, defined.

2-1083.
Nursery stock, defined.
Nursery stock shall mean all botanically classified hardy perennial or biennial plants, trees, shrubs, and vines, either domesticated or wild, cuttings, grafts, scions, buds, bulbs, rhizomes, or roots thereof, and such plants and plant parts for, or capable of, propagation, excluding plants grown for indoor use, annual plants, florist stock, cut flowers, sod, turf, onions, potatoes, or seeds of any such plant.
Source
Laws 1988, LB 874, § 12;
Laws 2013, LB68, § 6.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-1083.01 - Nursery stock distributor, defined.

2-1083.01.
Nursery stock distributor, defined.
Nursery stock distributor shall mean any person involved in:
(1) The acquisition and further distribution of nursery stock;
(2) The utilization of nursery stock for landscaping or purchase of nursery stock for other persons;
(3) The distribution of nursery stock with a mechanical digger, commonly known as a tree spade, or by other means;
(4) The solicitation of or taking orders for sales of nursery stock in the state; or
(5) The growing and distribution of nursery stock or active involvement in the management or supervision of a nursery.
Source
Laws 2013, LB68, § 7.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-1084 - Person, defined.

2-1084.
Person, defined.
Person shall mean any body politic or corporate, society, community, the public generally, any individual, partnership, limited liability company, joint-stock company, or association, or any agent of any such entity.
Source
Laws 1988, LB 874, § 13;
Laws 1993, LB 121, § 62.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-1085 - Plant, defined.

2-1085.
Plant, defined.
Plant shall mean any plant, plant product, plant part, or reproductive or propagative part of a plant, plant product, or plant part including, but not limited to, trees, shrubs, vines, forage and cereal plants, fruit, seeds, grain, wood, or lumber. This shall include all growing media, packing material, or containers associated with the plants, plant parts, or plant products named in this section.
Source
Laws 1988, LB 874, § 14.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-1086 - Plant pest, defined.

2-1086.
Plant pest, defined.
Plant pest shall mean any insect, arthropod, nematode, mollusk, fungus, bacteria, virus, mycoplasma, parasitic plant, physiological disorder, or other infectious agent which can directly or indirectly injure or cause damage or a pathological condition to plants.
Source
Laws 1988, LB 874, § 15.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-1087 - Property, defined.

2-1087.
Property, defined.
Property shall mean any real estate or personal property, including any vessel, automobile, aircraft, rail car, other vehicle, machinery, building, dock, nursery, orchard, or other place where plants are grown or maintained or the contents of such place.
Source
Laws 1988, LB 874, § 16.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-1090 - State Entomologist; position created; duties.

2-1090.
State Entomologist; position created; duties.
There is hereby created in the department and under the direction of the Director of Agriculture the position of State Entomologist. Such person shall be a graduate of a recognized university with a major, or its equivalent, in entomology, plant pathology, or an equivalent biological science and have not less than two years of experience in such field and administrative work. It shall be the duty of the State Entomologist through the Plant Protection and Plant Pest Act to protect the interest of Nebraska as stated in section 2-1073, to regulate the distribution of plants, and to assist exporters of plants in meeting the requirements imposed by other states or countries.
Source
Laws 1988, LB 874, § 19.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-10,102 - Collectors; nursery stock distributor's license required; inspection.

2-10,102.
Collectors; nursery stock distributor's license required; inspection.
Collectors shall be required to obtain a nursery stock distributor's license and shall be required to apply for an additional inspection for the certification of the collected nursery stock as provided in section 2-1095. All collected nursery stock shall be labeled as such.
Source
Laws 1988, LB 874, § 31;
Laws 2013, LB68, § 12.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-10,103 - Nursery stock distributor; duties.

2-10,103.
Nursery stock distributor; duties.
A nursery stock distributor shall:
(1) Comply with the Plant Protection and Plant Pest Act and the rules and regulations:
(a) In the care of nursery stock;
(b) In the distribution of nursery stock including nursery stock that has been withdrawn from distribution;
(c) Regarding treatment or destruction of nursery stock as required by a withdrawal-from-distribution order;
(d) In maintaining the nursery stock in a manner accessible to the department; and
(e) In the payment of license fees;
(2) Comply with any order of the director issued pursuant to the act;
(3) Not distribute nursery stock obtained from an unlicensed nursery stock distributor;
(4) Not allow the license to be used by any person other than the person to whom it was issued; and
(5) Not interfere with the department in the performance of its duties.
Source
Laws 1988, LB 874, § 32;
Laws 1993, LB 406, § 22;
Laws 2013, LB68, § 13.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-10,103.02 - Administrative fine; collection; use.

2-10,103.02.
Administrative fine; collection; use.
(1) The director may issue an order imposing an administrative fine on any person who has violated any provision, requirement, condition, limitation, or duty imposed by the Plant Protection and Plant Pest Act or rules and regulations adopted and promulgated pursuant to the act in an amount which shall not exceed one thousand dollars for each violation. A violation means each action which violates any separate or distinct provision, requirement, condition, limitation, or duty imposed by the act or such rules and regulations. In determining whether to impose an administrative fine and, if a fine is imposed, the amount of the fine, the director shall take into consideration (a) the seriousness of the violation, (b) the extent to which the person derived financial gain as a result of his or her failure to comply, (c) the extent of intent, willfulness, or negligence by the person in the violation, (d) the likelihood of the violation reoccurring, (e) the history of the person's failure to comply, (f) the person's attempts to prevent or limit his or her failure to comply, (g) the person's willingness to correct violations, (h) the nature of the person's disclosure of violations, (i) the person's cooperation with investigations of his or her failure to comply, and (j) any factors which may be established by the rules and regulations.
(2) The department shall remit administrative fines collected under the act to the State Treasurer on a monthly basis for distribution in accordance with Article VII, section 5, of the Constitution of Nebraska.
(3) Any administrative fine imposed under the Plant Protection and Plant Pest Act and unpaid shall constitute a debt to the State of Nebraska which may be collected by lien foreclosure or sued for and recovered in any proper form of action in the name of the State of Nebraska in the district court of the county in which the violator resides or owns property. The lien shall attach to the real estate of the violator when notice of such lien is filed and indexed against the real estate in the office of the register of deeds or county clerk in the county where the real estate is located.
Source
Laws 1993, LB 406, § 24;
Laws 2013, LB68, § 15.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-10,103.03 - Cease and desist order; hearing.

2-10,103.03.
Cease and desist order; hearing.
Whenever the director has reason to believe that any person has violated any provision of the Plant Protection and Plant Pest Act or any rule or regulation, an order may be entered requiring the person to appear before the director to show cause why an order should not be entered requiring such person to cease and desist from the violation charged. Such order shall set forth notice of such hearing. Hearings shall be conducted as provided in section 2-10,103.04. After such hearing, if the director finds such person to be in violation, he or she shall enter an order requiring the person to cease and desist from the specific act, practice, or omission which violated the act.
Source
Laws 1993, LB 406, § 25.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-10,104 - Foreign distributor; reciprocity; department; reciprocal agreements.

2-10,104.
Foreign distributor; reciprocity; department; reciprocal agreements.
(1) Any person residing outside the state and desiring to solicit orders or distribute nursery stock in Nebraska may do so if:
(a) Such person is duly licensed under the nursery laws of the state where the nursery stock originates and the laws of that state are essentially equivalent to the laws of Nebraska as determined by the department; and
(b) Such person complies with the Plant Protection and Plant Pest Act and the rules and regulations on all nursery stock distributed in Nebraska.
(2) The department may cooperate with and enter into reciprocal agreements with other states regarding licensing and movement of nursery stock. Reciprocal agreements with other states shall not prevent the department from prohibiting the distribution in Nebraska of nursery stock which fails to meet the minimum criteria for nursery stock of Nebraska-licensed nursery stock distributors.
Source
Laws 1988, LB 874, § 33;
Laws 2013, LB68, § 17.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-10,105 - Optional inspections; nursery stock distributor's license; optional issuance.

2-10,105.
Optional inspections; nursery stock distributor's license; optional issuance.
(1) Optional inspections of plants may be conducted by the department upon request by any persons desiring such inspection. A fee as set forth in subsection (2) of section 2-1095 shall be charged for such an inspection.
(2) Any person who desires a nursery stock distributor's license for any greenhouse plants grown for indoor use, annual plants, florist stock, cut flowers, sod, turf, onions, or potatoes, or seeds of any such plant, may apply for such license to the department. The inspection of such plants shall conform to the same requirements that apply to the inspection of nursery stock as set forth in section 2-1095. For persons who grow or distribute both nursery stock and greenhouse plants grown for indoor use, annual plants, florist stock, cut flowers, sod, turf, onions, or potatoes, or seeds of any such plant, one license shall be issued if the annual inspection of such plants is conducted concurrently with the nursery stock inspection and the other requirements of the Plant Protection and Plant Pest Act are met. If a reinspection trip is required, the applicant shall be assessed a reinspection fee as outlined in subsection (2) of section 2-1095.
Source
Laws 1988, LB 874, § 34;
Laws 1993, LB 406, § 27;
Laws 2013, LB68, § 18.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-10,106 - Importation and distribution; labeling requirements; exception; department; powers.

2-10,106.
Importation and distribution; labeling requirements; exception; department; powers.
(1) It shall be unlawful for any person, including any carrier transporting nursery stock, to bring into or cause to be brought into Nebraska any nursery stock unless such shipment is plainly and legibly marked with a label showing the name and address of the consignor and consignee, the nature and quantity of the contents, the place of origin, and the license or its equivalent issued by the recognized authorizing agency stating that the nursery from which the nursery stock originates has been inspected.
(2) It shall be unlawful for any person to distribute in Nebraska nursery stock for the purpose of resale in Nebraska without meeting the labeling criteria stated in this section.
(3) The requirements of this section shall not apply to nursery stock distributed to the final consumer at a distribution location where a valid nursery stock distributor's license has been conspicuously posted.
(4) The department may cause to be held for inspection any plants, regardless of proper labeling according to the Plant Protection and Plant Pest Act, if there is reason to believe they are infested or infected with plant pests. Such plants shall be held only for a period of time reasonable for proper inspection and any treatment deemed necessary by the department. The department shall not be held responsible for costs incurred by treatment or delay.
(5) In carrying out this section, the department may intercept or detain any person or property including vehicles or vessels reasonably believed to be carrying any plants or any other articles capable of carrying plant pests. The department may hold for treatment, destroy, or otherwise dispose of any plants, if found infested or infected with plant pests, at the owner's cost.
Source
Laws 1988, LB 874, § 35;
Laws 2013, LB68, § 19.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-10,107 - Nuisance plants; department; powers.

2-10,107.
Nuisance plants; department; powers.
Any person owning or controlling property shall keep such property free from all species of plants declared by the department to be nuisance plants. If the department determines that any species or variety of plant is a nuisance plant and that such plant should be eradicated in order to safeguard the agricultural interests of the state, the department shall give public notice of proposed eradication by publication in one or more newspapers of general circulation throughout the area over which such nuisance plant exists, designating the species or variety in question, the proposed eradication area, and the reasons for the eradication. Such notice shall designate a place and time for a public hearing at which all interested parties may be heard. After such hearing has been held, the department may cause to be served by first-class mail individual notices upon the owner of record of such land at that person's last-known address stating (1) that the species or variety of plant is a nuisance plant and (2) that the department is authorized to destroy or order the destruction of such plant. It shall be the duty of every person affected by the notice to use measures of arrest and control required of such person by the instructions of the department.
Source
Laws 1988, LB 874, § 36.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-10,108 - Plant pests; department; powers.

2-10,108.
Plant pests; department; powers.
(1) Whenever the department finds that there exists, in any other state, territory, country, or part thereof, any plant pests detrimental to the agricultural interests of the state and that the control, eradication, retarding, or prevention of such pests is necessary to protect the plant industry of the state, the department may impose and enforce a quarantine prohibiting the transportation into, within, or through Nebraska of such pests. Quarantine enforcement shall apply to any plants or any other property capable of carrying such plant pests regardless of whether the plants are distributed by a person holding a valid license or its equivalent issued by an authorizing agency within the state of origin recognized by the department. Nursery stock and all other plants shall be subject to any quarantine measures deemed necessary by the department.
(2) When it has been determined that an area of the state is infected or infested with plant pests which may be detrimental to the agricultural interests of the state, such area may be quarantined by the department. Under such quarantine the department may restrict or prevent the movement or transportation of any plants or any other property capable of carrying such plant pests originating in or having been maintained in any area infested or infected with such plant pests. Public notice of any quarantine shall be given by the department by publication in one or more newspapers in circulation within the area of the state affected by such order.
(3) Any plants or other property moved or transported in violation of a quarantine imposed pursuant to this section may be seized, treated, destroyed, or returned to the state of origin without compensation by the department.
Source
Laws 1988, LB 874, § 37.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-10,109 - Withdrawal-from-distribution order; issuance.

2-10,109.
Withdrawal-from-distribution order; issuance.
If the department finds that plants are distributed in violation of the Plant Protection and Plant Pest Act, the department may issue a written or printed withdrawal-from-distribution order to the person in charge of such plants for the protection of the public health, safety, or welfare and may enforce such order. Such an order shall specify the nature of each violation and the precise action required to bring the plants into compliance with the applicable provisions of the act. Such an order shall advise the person that he or she may request an immediate hearing before the department on the specified violation.
The department may issue a withdrawal-from-distribution order on plants that are perishable, even if the result of such order will bring about the involuntary disposal of such items, when, in the opinion of the person issuing such order, no alternative course of action would sufficiently protect the public health, safety, or welfare under the circumstances.
Source
Laws 1988, LB 874, § 38.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-10,110 - Implementation or enforcement agreements authorized.

2-10,110.
Implementation or enforcement agreements authorized.
The department may receive grants-in-aid or receive and disperse pass-through funds or otherwise cooperate and enter into agreements with the United States Department of Agriculture or any other person in the department's implementation or enforcement of the Plant Protection and Plant Pest Act or federal programs related to plant protection or plant pests in the state.
Source
Laws 1988, LB 874, § 39;
Laws 2017, LB274, § 3.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-10,111 - Costs; liability.

2-10,111.
Costs; liability.
(1) All costs associated with treating, seizing, or destroying any plant or issuing and enforcing any withdrawal-from-distribution order for any plant, which plant is in violation of the Plant Protection and Plant Pest Act or the rules and regulations adopted and promulgated pursuant to the act, shall be the responsibility of the person in possession of the plant. The department shall be reimbursed by the person in possession of the plant for the actual cost incurred by the department in enforcing the act or such rules and regulations.
(2) All costs related to enforcement of the act and such rules and regulations shall be the responsibility of the person violating the act. The department shall be reimbursed by persons violating the act or such rules and regulations for the actual cost incurred by the department in enforcing the act.
(3) The department shall not be liable for any costs incurred by any person due to any departmental actions relating to the enforcement of the act or such rules and regulations.
Source
Laws 1988, LB 874, § 40;
Laws 2013, LB68, § 20.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-10,112 - Excess fees; disposition.

2-10,112.
Excess fees; disposition.
If the department determines that any fee has been erroneously collected or computed, the department shall credit the excess amount collected or paid to any fees then due and owing from the person under the Plant Protection and Plant Pest Act. Any remaining balance may be refunded to the person by whom it was paid.
Source
Laws 1988, LB 874, § 41.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-10,114 - Agents or employees; liability of principal.

2-10,114.
Agents or employees; liability of principal.
In construing and enforcing the Plant Protection and Plant Pest Act, omission or failure of any individual acting for or employed by any other person or other principal within the scope of his or her employment or office shall in every case be deemed the act, omission, or failure of such person or other principal as well as that of the individual.
Source
Laws 1988, LB 874, § 43.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-10,115.01 - Political subdivision; ordinance or resolution; restrictions.

2-10,115.01.
Political subdivision; ordinance or resolution; restrictions.
A political subdivision shall not enact an ordinance or resolution which is in conflict with the Plant Protection and Plant Pest Act.
Source
Laws 1993, LB 406, § 30.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-10,116 - Rules and regulations.

2-10,116.
Rules and regulations.
The department shall have authority to adopt and promulgate such rules and regulations as are necessary to the effective discharge of its duties under the Plant Protection and Plant Pest Act. The rules and regulations may include, but shall not be limited to, provisions governing:
(1) The issuance and revocation of licenses as authorized by the Plant Protection and Plant Pest Act;
(2) The assessment and collection of license, inspection, reinspection, and delinquent fees;
(3) The withdrawal from distribution of nursery stock;
(4) The care, viability, and standards for nursery stock;
(5) The labeling and shipment of nursery stock;
(6) The issuance and release of plant pest quarantines and withdrawal-from-distribution orders;
(7) The establishment of a restricted plant pest list;
(8) The preparation, maintenance, handling, and filing of reports by persons subject to the act;
(9) The adoption of the American Association of Nurserymen's American Standard for Nursery Stock insofar as it does not conflict with any provision of the act;
(10) Factors to be considered when the director issues an order imposing an administrative fine;
(11) The planting of certified seed potatoes in the state; and
(12) The implementation of programs or plans involving the movement, treatment, control, and eradication of plant pests in the state.
Source
Laws 1988, LB 874, § 45;
Laws 1993, LB 406, § 31;
Laws 2008, LB791, § 4;
Laws 2017, LB274, § 4.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-10,117 - Plant Protection and Plant Pest Cash Fund; created; use; investment.

2-10,117.
Plant Protection and Plant Pest Cash Fund; created; use; investment.
All money received from any source pursuant to the Plant Protection and Plant Pest Act shall be remitted by the department to the State Treasurer and by the State Treasurer credited to the Plant Protection and Plant Pest Cash Fund which is hereby created. The fund also shall include funds transferred pursuant to section 81-201.05. The fund shall be used by the department to aid in defraying the expenses of administering the act. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.
Source
Laws 1988, LB 874, § 46;
Laws 1993, LB 406, § 33;
Laws 1994, LB 1066, § 3;
Laws 2004, LB 869, § 7.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-1201.01 - Commission; purposes.

2-1201.01.
Commission; purposes.
The purpose of the commission is to provide statewide regulation of horseracing and games of chance as defined in the Nebraska Racetrack Gaming Act in order to prevent and eliminate corrupt practices and fraudulent behavior, and thereby maintain a high level of integrity and honesty in the horseracing industry of Nebraska and the operation of games of chance in Nebraska, and to insure that all funds received by the commission are properly distributed.
Source
Laws 1980, LB 939, § 1;
Laws 2021, LB561, § 2.
Cross References
Nebraska Racetrack Gaming Act, see section 9-1101.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-1202 - Commission; chairperson; executive director; compensation; duties; bond; personnel; duties; bonded or insured; vested with authority and power of law enforcement officer.

2-1202.
Commission; chairperson; executive director; compensation; duties; bond; personnel; duties; bonded or insured; vested with authority and power of law enforcement officer.
(1) The commission shall elect one of its members to be chairperson thereof, and it shall be authorized to employ an executive director and such other assistants and employees as may be necessary to carry out the purposes of sections 2-1201 to 2-1218, the Nebraska Racetrack Gaming Act, and sections 9-1201 to 9-1209. Such executive director shall have no other official duties. The executive director shall keep a record of the proceedings of the commission, preserve the books, records, and documents entrusted to the executive director, and perform such other duties as the commission shall prescribe; and the commission shall require the executive director to give bond in such sum as it may fix, conditioned for the faithful performance of the duties of the executive director. The commission shall be authorized to fix the compensation of the executive director, and also the compensation of its other employees, subject to the approval of the Governor. The commission shall have an office at such place within the state as it may determine and shall meet at least eight times per year.
(2) The commission shall appoint or employ deputies, investigators, inspectors, agents, security personnel, and other persons as deemed necessary to administer and effectively enforce the regulation of horseracing, the Nebraska Racetrack Gaming Act, and sections 9-1201 to 9-1209. Any appointed or employed personnel shall perform the duties assigned by the commission.
(3) All personnel appointed or employed by the commission shall be bonded or insured as required by section 11-201. As specified by the commission, certain personnel shall be vested with the authority and power of a law enforcement officer to carry out the laws of this state administered by the commission.
Source
Laws 1935, c. 173, § 2, p. 630;
C.S.Supp.,1941, § 2-1502;
R.S.1943, § 2-1202;
Laws 1967, c. 4, § 1, p. 72;
Laws 2021, LB561, § 3;
Laws 2022, LB876, § 2.
Cross References
Nebraska Racetrack Gaming Act, see section 9-1101.
Annotations
Secretary of Racing Commission is an employee thereof and is subject to such duties as commission may prescribe. Neff v. Boomer, 149 Neb. 361, 31 N.W.2d 222 (1948).
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-1203 - Commission; powers; fines; board of stewards; powers; appeal; fine.

2-1203.
Commission; powers; fines; board of stewards; powers; appeal; fine.
The commission shall have power to prescribe and enforce rules and regulations governing horseraces and race meetings licensed as provided in sections 2-1201 to 2-1229 and games of chance as provided in the Nebraska Racetrack Gaming Act. Such rules and regulations shall contain criteria to be used by the commission for decisions on approving and revoking track licenses and setting racing dates.
The commission may revoke or suspend licenses issued to racing industry participants and may, in lieu of or in addition to such suspension or revocation, impose a fine in an amount not to exceed twenty-five thousand dollars upon a finding that a rule or regulation has been violated by a licensed racing industry participant. The exact amount of the fine shall be proportional to the seriousness of the violation and the extent to which the licensee derived financial gain as a result of the violation.
The commission may delegate to a board of stewards such of the commission's powers and duties as may be necessary to carry out and effectuate the purposes of sections 2-1201 to 2-1229.
Any decision or action of such board of stewards may be appealed to the commission or may be reviewed by the commission on its own initiative. The board of stewards may impose a fine not to exceed five thousand dollars upon a finding that a rule or regulation has been violated.
The commission shall remit administrative fines collected under this section to the State Treasurer for distribution in accordance with Article VII, section 5, of the Constitution of Nebraska.
Source
Laws 1935, c. 173, § 3, p. 630;
C.S.Supp.,1941, § 2-1503;
R.S.1943, § 2-1203;
Laws 1975, LB 582, § 1;
Laws 1980, LB 939, § 3;
Laws 1991, LB 200, § 1;
Laws 1992, LB 718, § 1;
Laws 1994, LB 1153, § 1;
Laws 2001, LB 295, § 2;
Laws 2003, LB 243, § 1;
Laws 2005, LB 573, § 1;
Laws 2014, LB656, § 1;
Laws 2021, LB561, § 4;
Laws 2022, LB876, § 3.
Cross References
Nebraska Racetrack Gaming Act, see section 9-1101.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-1203.01 - Commission; duties.

2-1203.01.
Commission; duties.
The commission shall:
(1) Enforce all state laws covering horseracing as required by sections 2-1201 to 2-1229 and enforce rules and regulations covering horseracing adopted and promulgated by the commission under the authority of section 2-1203;
(2) License racing industry participants, race officials, mutuel employees, concessionaires, and such other persons as deemed necessary by the commission if the license applicants meet eligibility standards established by the commission;
(3) Prescribe and enforce security provisions, including, but not limited to, the restricted access to areas within track enclosures and backstretch areas, and prohibitions against misconduct or corrupt practices;
(4) Determine or cause to be determined by chemical testing and analysis of body fluids whether or not any prohibited substance has been administered to the winning horse of each race and any other horse selected by the board of stewards;
(5) Verify the certification of horses registered as being Nebraska-bred under section 2-1213; and
(6) Collect and verify the amount of revenue received by the commission under section 2-1208.
Source
Laws 1980, LB 939, § 2;
Laws 1989, LB 591, § 1;
Laws 1992, LB 718, § 2;
Laws 2014, LB656, § 2;
Initiative Law 2020, No. 430, § 7;
Laws 2021, LB561, § 5.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-1203.02 - Licensees, administrators, and managers; application; fingerprinting and criminal history record check; costs.

2-1203.02.
Licensees, administrators, and managers; application; fingerprinting and criminal history record check; costs.
(1) Any person between sixteen and seventy-five years of age applying for or holding a license to participate in or be employed at a horserace meeting licensed by the commission shall be subject to fingerprinting and a check of his or her criminal history record information maintained by the Identification Division of the Federal Bureau of Investigation for the purpose of determining whether the commission has a basis to deny the license application or to suspend, cancel, or revoke the person's license, except that the commission shall not require a person to be fingerprinted if such person has been previously fingerprinted in connection with a license application in this state within the last five years prior to the application for such license. Any person between sixteen and seventy-five years of age involved in the administration or management of a racetrack, including the governing body, shall be subject to fingerprinting and a check of his or her criminal history record information maintained by the Identification Division of the Federal Bureau of Investigation. The applicant, licensee, or person involved in the administration or management of a racetrack shall pay the actual cost of any fingerprinting or check of his or her criminal history record information. The requirements of this subsection shall not apply to employees of concessions who do not work in restricted-access areas, admissions employees whose duties involve only admissions ticket sales and verification or parking receipts sales and verification, and medical or emergency services personnel authorized to provide such services at the racetrack.
(2) If the applicant is an individual who is applying for a license to participate in or be employed at a horserace meeting, the application shall include the applicant's social security number.
Source
Laws 1991, LB 200, § 2;
Laws 1994, LB 1153, § 2;
Laws 1997, LB 752, § 53;
Laws 2021, LB561, § 6;
Laws 2022, LB876, § 4.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-1204 - Horseracing; licenses; applications.

2-1204.
Horseracing; licenses; applications.
The Nebraska State Fair Board, a county fair board, a county agricultural society for the improvement of agriculture organized under the County Agricultural Society Act, or a corporation or association of persons organized and carried on for civic purposes or which conducts a livestock exposition for the promotion of the livestock or horse-breeding industries of the state and which does not permit its members to derive personal profit from its activities by way of dividends or otherwise may apply to the commission for a license to conduct horseracing at a designated place within the state. Such application shall be filed with the executive director of the commission at least sixty days before the first day of the horserace meeting which such corporation or association proposes to hold or conduct, shall specify the day or days when and the exact location where it is proposed to conduct such racing, and shall be in such form and contain such information as the commission shall prescribe.
Source
Laws 1935, c. 173, § 4, p. 630;
C.S.Supp.,1941, § 2-1504;
R.S.1943, § 2-1204;
Laws 1997, LB 469, § 31;
Laws 2002, LB 1236, § 12;
Laws 2021, LB561, § 7.
Cross References
County Agricultural Society Act, see section 2-250.