reglab/statecodes huggingface dataset:
Nebraska Administrative Code › Topic - AGRICULTURE, DEPARTMENT OF › Title 25 - DEPARTMENT OF AGRICULTURE, BUREAU OF PLANT INDUSTRY › Chapter 10 - NOXIOUS WEED REGULATIONS › Section 25-10-003 - Control Authority Duties

Current through June 17, 2024
003.01 To
				substantively carry out its duties under the Act, each control authority will:
003.01A Annually submit reports described in
				25 NAC 10-007 to the director on or before January 31 of each year:
003.01B Annually inspect all lands within its
				jurisdiction for compliance with the Act through the use of county road maps,
				plat books, or other records that have been approved by the
				Department.
003.01C Execute, and
				keep for three years, an inspection report for all land found to be infested
				with noxious weeds containing the following:
003.01C1 The county, township, range, and
				section.
003.01C2 The date of the
				inspection.
003.01C3 The purpose of
				the inspection, whether it be annual, preliminary to the issuance of an
				individual notice, or otherwise.
003.01C4 If noxious weeds are present, the
				names thereof, or, if none are present, a statement to that effect.
003.01C5 The signature of the person
				conducting the inspection.
003.01C6
				The name of the landowner and, if applicable, the tenant, if known or capable
				of being determined.
003.01C7
				Number of acres inspected.
003.01C8
				Number of acres infested.
003.01C9
				Degree of infestation.
003.01C10
				Current land use.
Whenever noxious weeds are found to be in growing crops, the
				  control authority may, in addition to the inspection report, issue a crop
				  inspection report to prevent the movement or sale of growing crops when the
				  harvest of such crops may result in hay, straw, seed, or grain becoming
				  contaminated with viable noxious weed seeds or other noxious weed plant
				  material capable of reproducing.
003.01D Publish a general notice on or before
				May 1 and between August 1 and October 1 of each year which is at least four
				inches by six inches or be at least 24 square inches in size and make available
				to the director for review within fifteen days following publication.
003.01E Cooperate with other control
				authorities.
003.01F Prepare a
				report indicating the disposition of each individual notice issued by the
				control authority.
003.01G Employ a
				county weed superintendent who meets applicable standards of the Pesticide Act,
				and is certified as a pesticide applicator in at least the following
				categories:
003.01G1 Agricultural pest
				control-plant, and
003.01G2 Right-
				of-way pest control.
003.01H Make available all documents
				pertaining to noxious weeds to the director for inspection and
				review.
003.01I Continually update
				all information filed with the Department as changes, additions, or deletions
				are made.
Nebraska Administrative Code › Topic - AGRICULTURE, DEPARTMENT OF › Title 25 - DEPARTMENT OF AGRICULTURE, BUREAU OF PLANT INDUSTRY › Chapter 10 - NOXIOUS WEED REGULATIONS › Section 25-10-004 - Dissemination of Noxious Weeds Through Articles

Current through June 17, 2024
004.01 All
				noxious weeds may be disseminated through articles. The following articles are
				designated as capable of disseminating noxious weeds:
004.01A Machinery and equipment;
004.01B Trucks;
004.01C Grain and seed;
004.01D Hay, straw, and other material of a
				similar nature;
004.01E Nursery
				stock;
004.01F Fence posts,
				fencing, or railroad ties;
004.01G
				Sod;
004.01H Manure;
004.01I Soil;
004.01J Any other articles determined by the
				director to have characteristics rendering it capable of disseminating noxious
				weeds.
Nebraska Administrative Code › Topic - AGRICULTURE, DEPARTMENT OF › Title 25 - DEPARTMENT OF AGRICULTURE, BUREAU OF PLANT INDUSTRY › Chapter 10 - NOXIOUS WEED REGULATIONS › Section 25-10-005 - Procedure to Bring Weed Under or Remove from the County Control Program

Current through June 17, 2024
005.01 Petitions filed with the director, to
				bring a weed under the county program will contain a statement of agreement by
				the weed control superintendent of the county with the following:
005.01A An affirmation by the control
				authority that adequate resources, including funds, personnel, and equipment
				are available to control the spread of the petitioned weed.
005.01B An affirmation by the control
				authority that the testimony and evidence presented at a public hearing on the
				petition generally supported the control authority's belief that special weed
				control problems exist within the county with respect to the petitioned weed.
005.01C An affirmation by the
				control authority that the spread of the weed petitioned for can be controlled
				through utilization of the resources of the control
				authority.
Nebraska Administrative Code › Topic - AGRICULTURE, DEPARTMENT OF › Title 25 - DEPARTMENT OF AGRICULTURE, BUREAU OF PLANT INDUSTRY › Chapter 10 - NOXIOUS WEED REGULATIONS › Section 25-10-006 - Department Review of Continuing Education Programs

Current through June 17, 2024
006.01 The director will review and approve
				all continuing education programs sponsored by any statewide association of
				county weed control superintendents or statewide associations of local
				governments responsible for weed control.
006.01A A description of any continuing
				education program is submitted by the sponsoring association to the director at
				least three weeks prior to the first scheduled day of the continuing education
				program.
006.01B A continuing
				education program will include:
006.01B1 A
				full attendance requirement with at least two roll calls for each eight hours
				of education.
006.01B2 Examinations
				which adequately test the participants' comprehension and understanding of the
				educational material presented in the program.
006.01B3 Passing scores of at least 70
				percent on the examinations; and
006.01B4 Adequate procedures for documenting
				the attendance records, examinations, and examination scores.
006.01C Within three
				weeks after the last scheduled day of a continuing education program, the
				sponsoring association will provide the director documentation to show the
				continuing education program was carried out according to the description the
				association submitted to the director including:
006.01C1 Attendance records of all weed
				superintendents.
006.01C2 Copies of
				the examinations actually given during the program.
006.01C3 A listing of weed superintendents
				who have received passing score for the program; and
006.01C4 Evidence that superintendents who
				did not fully attend the program and who did not receive a passing score for
				the program were not credited by the association as having completed the
				program.
Nebraska Administrative Code › Topic - AGRICULTURE, DEPARTMENT OF › Title 25 - DEPARTMENT OF AGRICULTURE, BUREAU OF PLANT INDUSTRY › Chapter 10 - NOXIOUS WEED REGULATIONS › Section 25-10-007

Current through June 17, 2024
Forms to be used by the county authorities may be found at
https://nda.nebraska.gov/plant/noxious_weeds/weed_control.html
.
Nebraska Administrative Code › Topic - AGRICULTURE, DEPARTMENT OF › Title 25 - DEPARTMENT OF AGRICULTURE, BUREAU OF PLANT INDUSTRY › Chapter 12 - AGRICULTURAL LIMING MATERIALS REGULATIONS › Section 25-12-001 - Statement of Purpose

Current through June 17, 2024
The purpose of these regulations is to aid in administering
				  the Agricultural Liming Materials Act,
Neb
.
Rev
.
Stat
. §
									2-4301 to
				  2-4327
				  (Reissue 1983).
Nebraska Administrative Code › Topic - AGRICULTURE, DEPARTMENT OF › Title 25 - DEPARTMENT OF AGRICULTURE, BUREAU OF PLANT INDUSTRY › Chapter 12 - AGRICULTURAL LIMING MATERIALS REGULATIONS › Section 25-12-002 - Administration

Current through June 17, 2024
These regulations are administered by the Department of
				  Agriculture's Bureau of Plant Industry, Fourth Floor, State Office Building,
				  301 Centennial Mall South, Lincoln, Nebraska. The mailing address is P.O. Box
				  94756, Lincoln, Nebraska 68509-4756. The telephone number is (402)
				  471-2394.
Nebraska Administrative Code › Topic - AGRICULTURE, DEPARTMENT OF › Title 25 - DEPARTMENT OF AGRICULTURE, BUREAU OF PLANT INDUSTRY › Chapter 12 - AGRICULTURAL LIMING MATERIALS REGULATIONS › Section 25-12-003 - Definitions

Current through June 17, 2024
003.01 Petition to Remove Weed from County
				Control Program
The term "Act" shall mean the Agricultural Liming Materials
				  Act,
Neb
.
Rev
.
Stat
. §
										2-4301 to
				  2-4327
				  (Reissue 1983).
003.02
				Petition to Remove Weed from County Control Program
The terms defined in the Act shall have the same meaning in
				  these regulations.
003.03
				Petition to Remove Weed from County Control Program
The "Bureau" shall mean the Department of Agriculture's
				  Bureau of Plant Industry.
003.04 Petition to Remove Weed from County
				Control Program
"AOAC" shall mean the Association of Official Analytical
				  Chemists.
Nebraska Administrative Code › Topic - AGRICULTURE, DEPARTMENT OF › Title 25 - DEPARTMENT OF AGRICULTURE, BUREAU OF PLANT INDUSTRY › Chapter 12 - AGRICULTURAL LIMING MATERIALS REGULATIONS › Section 25-12-004 - Agriculture Liming Materials Fineness Standard

Current through June 17, 2024
All agriculture liming materials distributed in this State
				  shall use the following standard to determine the fineness of the liming
				  material;
004.01 Petition to Remove
				Weed from County Control Program
Multiply the percent of total material passing a number 4
				  sieve by .1 (one tenth).
004.02 Petition to Remove Weed from County
				Control Program
Multiply the percent of total material passing a number 8
				  sieve by .3 (three tenths).
004.03 Petition to Remove Weed from County
				Control Program
Multiply the percent of total material passing a number 60
				  sieve by .6 (six tenths).
004.04 Petition to Remove Weed from County
				Control Program
The addition of the results obtained in 004.01, 004.02, and
				  004.03 will provide the fineness factor of the agriculture liming
				  material.
Nebraska Administrative Code › Topic - AGRICULTURE, DEPARTMENT OF › Title 25 - DEPARTMENT OF AGRICULTURE, BUREAU OF PLANT INDUSTRY › Chapter 12 - AGRICULTURAL LIMING MATERIALS REGULATIONS › Section 25-12-005 - Effective Calcium Carbonate Standard

Current through June 17, 2024
To determine the effective calcium carbonate (ECC) per ton,
				  the following standard will be used:
005.01 Petition to Remove Weed from County
				Control Program
Multiply the fineness factor of the agriculture liming
				  material obtained in 004.04 by the percent of calcium carbonate equivalent in
				  the liming material.
005.02
				Petition to Remove Weed from County Control Program
Multiply the factor obtained in 005.02 by 2000 to determine
				  the pounds of effective calcium carbonate (ECC) per ton.
Nebraska Administrative Code › Topic - AGRICULTURE, DEPARTMENT OF › Title 25 - DEPARTMENT OF AGRICULTURE, BUREAU OF PLANT INDUSTRY › Chapter 12 - AGRICULTURAL LIMING MATERIALS REGULATIONS › Section 25-12-006 - Sampling Procedure

Current through June 17, 2024
The method of sampling agricultural liming materials shall be
				  as described in the publication AOAC 13th Edition, 1. Agricultural Liming
				  Materials, page 1, section 1.001, Sampling (1) - Procedure, subparagraphs b, c
				  and d. A copy of the publication AOAC 13th Edition, page 1, is attached hereto
				  as Exhibit A, and incorporated herein.
Nebraska Administrative Code › Topic - AGRICULTURE, DEPARTMENT OF › Title 25 - DEPARTMENT OF AGRICULTURE, BUREAU OF PLANT INDUSTRY › Chapter 12 - AGRICULTURAL LIMING MATERIALS REGULATIONS › Section 25-12-007 - Analysis Procedure

Current through June 17, 2024
The method of analysis shall be as described in the
				  publication AOAC 13th Edition, 1. Agricultural Liming Materials, page 1,
				  sections 1.002 Mechanical Analysis (2) Procedure, 1.004 Neutralizing Value,
				  1.005 Indicator Titration Method, and 1.006 Potentiometric Titration Method
				  (3), a copy of the publication AOAC 13th Edition, page 1, is attached hereto as
				  Exhibit A and incorporated herein.
Nebraska Administrative Code › Topic - AGRICULTURE, DEPARTMENT OF › Title 25 - DEPARTMENT OF AGRICULTURE, BUREAU OF PLANT INDUSTRY › Chapter 12 - AGRICULTURAL LIMING MATERIALS REGULATIONS › Section 25-12-008 - Official Analysis Results

Current through June 17, 2024
Analytical results of all official samples shall be on file
				  at the Department of Agriculture and may reviewed during the Bureau's normal
				  working hours, Monday through Friday.
Nebraska Administrative Code › Topic - AGRICULTURE, DEPARTMENT OF › Title 25 - DEPARTMENT OF AGRICULTURE, BUREAU OF PLANT INDUSTRY › Chapter 12 - AGRICULTURAL LIMING MATERIALS REGULATIONS › Section 25-12-009 - Obtaining Portions of Official Samples

Current through June 17, 2024
Samples which are found to be deficient will be retained by
				  the State Laboratory for 90 days from the date of testing. A portion of those
				  samples may be obtained by contacting the Nebraska Department of
				  Agriculture.
Nebraska Administrative Code › Topic - AGRICULTURE, DEPARTMENT OF › Title 25 - DEPARTMENT OF AGRICULTURE, BUREAU OF PLANT INDUSTRY › Chapter 12 - AGRICULTURAL LIMING MATERIALS REGULATIONS › Section 25-12-010 - Inspection Fees

Current through June 17, 2024
There shall be paid to the Director of Agriculture for all
				  agricultural liming materials distributed in Nebraska, an inspection fee at the
				  rate of ten cents (10¢) per ton. The fee shall be paid by the retailer
				  licensee and in the case of Agricultural Lime Slurry, the fee shall be paid on
				  the base lime material only.
Nebraska Administrative Code › Topic - AGRICULTURE, DEPARTMENT OF › Title 25 - DEPARTMENT OF AGRICULTURE, BUREAU OF PLANT INDUSTRY › Chapter 12 - AGRICULTURAL LIMING MATERIALS REGULATIONS › Section 25-12-011 - Annotation

Current through June 17, 2024
Neb
.
Rev
.
Stat
. §
									2-4301 to
				  2-4327
				  (Reissue 1983).
Nebraska Administrative Code › Topic - AGRICULTURE, DEPARTMENT OF › Title 25 - DEPARTMENT OF AGRICULTURE, BUREAU OF PLANT INDUSTRY › Chapter 13 - PLANT PROTECTION AND PLANT PEST ACT REGULATIONS › Section 25-13-002 - American Standard for Nursery Stock Adopted

Current through June 17, 2024
002.01
The American Standard for
				Nursery Stock
, copyright 2004, published by the American Nursery and
				Landscape Association, an organization known as American Hort, shall be used by
				the Department in determining standards and grades of nursery stock when not in
				conflict with the Act A copy of the publication is attached and incorporated
				herein by reference and is hereby adopted and promulgated and may be used The
				publication is available upon request to the Department.
Nebraska Administrative Code › Topic - AGRICULTURE, DEPARTMENT OF › Title 25 - DEPARTMENT OF AGRICULTURE, BUREAU OF PLANT INDUSTRY › Chapter 13 - PLANT PROTECTION AND PLANT PEST ACT REGULATIONS › Section 25-13-003 - Fees for Licensing and Reinspection of Nursery Stock Distributors

Current through June 17, 2024
003.01 The licensing fee, late fee, and
				reinspection fee for nursery stock distributors is authorized by
Neb
Rev
Stat
§§
									2-1091.01,
				2-1091.02
				and
				2-1095
				of the Act.
003.01A Nursery stock
				distributors who desire to distribute nursery stock in Nebraska shall obtain a
				nursery stock distributors license for each location from which they distribute
				nursery stock. Persons shall submit a completed application provided by the
				Department, accompanied by the appropriate fee prior to beginning distribution
				and prior to January 1, each year thereafter.
003.01B Nursery stock distributors shall pay
				an annual license fee in the amount set pursuant to the provisions of §
										2-1091.02
				of the Act.
003.01C If a
				reinspection of a nursery stock distributor is necessary, the nursery stock
				distributor may be assessed a fee based on mileage and inspection time.
003.01C1 Mileage charge - $042 per
				mile.
003.01C2 Inspection time -
				$2400 per hour.
003.01C3 Inspection
				time shall include the driving time to and from the location in addition to the
				time spent conducting the inspection.
003.01D Any fee more than one month late
				shall have an additional fee of 25% of the total fees due assessed for each
				month the fees are late, not to exceed 100% of the original amount
				due.
Nebraska Administrative Code › Topic - AGRICULTURE, DEPARTMENT OF › Title 25 - DEPARTMENT OF AGRICULTURE, BUREAU OF PLANT INDUSTRY › Chapter 13 - PLANT PROTECTION AND PLANT PEST ACT REGULATIONS › Section 25-13-004 - Fees for Certification of Nebraska-Grown Nursery Stock

Current through June 17, 2024
004.01 The fees charged for certification of
				Nebraska-grown nursery stock are authorized by
Neb
.
Rev
.
Stat
. §§
									2-1091.02,
				2 1095, 2-10,102, and 2-10, 116.01 of the Act.
004.01A Persons required to obtain a
				certification of Nebraska-grown nursery stock shall make application to the
				Department prior to the beginning of distribution and prior to January 1, each
				year thereafter.
004.01B
				Applications for certification inspection of Nebraska-grown nursery stock that
				are due on January 1 and are not received prior to February 1 and initial
				applications not received prior to beginning of distribution shall pay for
				inspection costs as set out in
				004.01D.
004.01C Nursery stock distributors
				who require a reinspection for the certification of Nebraska-grown nursery
				stock, shall pay for inspection costs as set out in
				004.01D.
004.01D The following rates shall
				be used in determining inspection and reinspection costs:
004.01D1 Mileage charge - $ 0.42 per mile.
004.01D2 Inspection time - $ 24.00
				per hour.
004.01D3 Inspection time
				shall include the driving time to and from the location in addition to the time
				spent conducting the inspection.
004.01D4 If fees are more than one month
				late, an additional fee of 25% of the total fees due will be added on for each
				month the fees are late, not to exceed 100% of the original amount due.
Nebraska Administrative Code › Topic - AGRICULTURE, DEPARTMENT OF › Title 25 - DEPARTMENT OF AGRICULTURE, BUREAU OF PLANT INDUSTRY › Chapter 13 - PLANT PROTECTION AND PLANT PEST ACT REGULATIONS › Section 25-13-005 - Inspection of Nursery Stock Distributors and Optional Inspections

Current through June 17, 2024
005.01 The inspection of nursery stock
				distributors and optional inspection of nursery stock or other plants and the
				associated reports issued are authorized by
Neb
.
Rev
.
Stat
. §§
									2-1091,
				2-1091.01,
				2-1095,
				2-10,102,
				2-10,103,
				2-10,105,
				and
				2-10,115
				of the Act.
005.01A Nursery stock or other
				plants being inspected for an optional nursery stock distributor's license
				shall be accessible during regular business hours to the Department for
				inspection. Weeds or other growth which hinders a proper inspection shall be
				grounds to suspend or withhold any license or be cause for a reinspection.
005.01A1 Each nursery stock distributor or
				person requesting an inspection shall post sign markers which delineate
				sections of nursery stock. A section shall be no larger than five
				acres.
Nebraska Administrative Code › Topic - AGRICULTURE, DEPARTMENT OF › Title 25 - DEPARTMENT OF AGRICULTURE, BUREAU OF PLANT INDUSTRY › Chapter 13 - PLANT PROTECTION AND PLANT PEST ACT REGULATIONS › Section 25-13-006 - Storage or Display of Nursery Stock

Current through June 17, 2024
006.01 Nursery stock shall not be displayed
				or stored in contact with concrete, asphalt, or other similar hard-surfaced
				areas unless moisture-retaining or heat-reducing material has been provided
				Roots shall be protected from excessive heat, drying, and other adverse
				conditions The authority to set regulations for the storage or display of
				nursery stock by nursery stock distributors is found in
Neb
.
Rev
.
Stat
. §§2 1091.01, 2-1095 and 2-10,103 of
				the Act.
006.01A Balled and burlapped nursery
				stock shall be kept moist at all times and in a moisture retaining material at
				a depth sufficient to cover approximately 75% of the ball.
006.01B Bare root nursery stock shall be kept
				under conditions of temperature, light, and moisture to retard etiolated or
				other abnormal growth and maintain viability Moisture shall be supplied to the
				root system by high humidity conditions in storage or by covering the roots
				with moisture retaining material The roots of healed-in-stock shall be covered
				by moisture retaining material.
006.01C Bench balled nursery stock shall be
				kept moist at all times and in a moisture retaining material at a depth
				sufficient to cover approximately 75% of the ball.
006.01D Container grown, potted, and balled
				and potted nursery stock shall be kept and displayed under conditions of
				temperature, light, and moisture sufficient to maintain the viability and vigor
				of the nursery stock Potting medium shall be maintained at a depth sufficient
				to cover all roots of the plants.
006.01E Packaged nursery stock shall be
				stored and displayed under conditions of temperature and light that will retard
				etiolated growth or other abnormal growth and ensure adequate
				moisture.
Nebraska Administrative Code › Topic - AGRICULTURE, DEPARTMENT OF › Title 25 - DEPARTMENT OF AGRICULTURE, BUREAU OF PLANT INDUSTRY › Chapter 13 - PLANT PROTECTION AND PLANT PEST ACT REGULATIONS › Section 25-13-007 - Standards for Viability of Nursery Stock Distributed

Current through June 17, 2024
007.01 All nursery stock distributed by
				nursery stock distributors and those requesting optional inspections shall meet
				the following standards of viability That stock not meeting those minimum
				standards of viability shall not be offered for distribution The authority to
				set viability standards for nursery stock distributed is found in
Neb
.
Rev
.
Stat
. §§
									2-1091.01,
				2-1095,
				2-10,102,
				2-10,105,
				and
				2-10,116 of
				the Act.
007.01A Woody stemmed deciduous
				stock shall have a moist, green cambium in the stems and branches and shall
				have viable buds or normal green, unwilted growth Etiolated growth from
				individual buds shall not be more than four inches.
007.01B Rose bushes shall have a moist, green
				cambium in each cane at least six inches above the graft Etiolated growth from
				individual buds shall not be more than four inches.
007.01C Balled and burlapped nursery stock
				shall have a moist, green cambium in the stems and branches and shall have
				viable buds or normal green, unwilted growth Etiolated growth from individual
				buds shall not be more than four inches Balled and burlapped nursery stock
				shall have secure earth balls that shall meet or exceed the size specified by
				the
American Standard for Nursery Stock
.
007.01D Herbaceous perennials shall not be
				wilted or in such condition indicative of subnormal viability.
007.01E Colored waxes or other materials used
				to coat the aerial parts of the plants, that change the appearance of the plant
				surface so as to prevent adequate inspection, are prohibited.
007.01F Nursery stock with plant pest
				infestations or serious damage as a result of plant pest infestations shall not
				be distributed.
007.01G Nursery
				stock distributed by nursery stock distributors and those with optional
				inspections shall not contain actively growing weeds.
007.01H Nursery stock environmentally or
				mechanically damaged or damaged by animals shall not be distributed if normal
				growth and development would be inhibited Examples include, but are not limited
				to, cultivator damage, deer damage, rabbit damage, hail damage, sunscald and
				frost cracks Nursery stock will be ordered destroyed if 40% or greater of the
				cambium layer of the trunk or crown is damaged If 20 to 40% of the cambium
				layer of the trunk or crown is damaged, nursery stock may be withdrawn from
				distribution.
007.01I Nursery stock
				shall not be distributed with plastic burlap All other non-decomposing material
				enclosing balls of soil and all nursery stock bound with plastic rope shall be
				untied when active growth begins Rope used to tie up the branches of trees
				shall be removed when active growth begins.
Nebraska Administrative Code › Topic - AGRICULTURE, DEPARTMENT OF › Title 25 - DEPARTMENT OF AGRICULTURE, BUREAU OF PLANT INDUSTRY › Chapter 13 - PLANT PROTECTION AND PLANT PEST ACT REGULATIONS › Section 25-13-008 - Labeling and Shipment of Nursery Stock

Current through June 17, 2024
008.01 The proper labeling and record keeping
				of nursery stock distributed or received by nursery stock distributors and
				those with optional inspections is authorized by
Neb
.
Rev
.
Stat
. §§
									2-1091.01,
				2-10,106,
				2-10,108,
				and
				2-10,116 of
				the Act.
008.01A All nursery stock
				distributed in Nebraska shall be individually labeled to include:
008.01A1 Correct common name or botanical
				name; and
008.01A2 Place of origin
				of nursery stock except that container grown or potted nursery stock of one
				gallon or less is not required to have an individual place of origin label.
008.01A2a Place of origin labels may be in
				code, provided the Department is given access to the code.
Nebraska Administrative Code › Topic - AGRICULTURE, DEPARTMENT OF › Title 25 - DEPARTMENT OF AGRICULTURE, BUREAU OF PLANT INDUSTRY › Chapter 13 - PLANT PROTECTION AND PLANT PEST ACT REGULATIONS › Section 25-13-012 - Importation and Distribution of Live Plant Pests, Biological Control Agents and Soils

Current through June 17, 2024
If any person licensed pursuant to the Act fails to comply
				  with Neb. Rev. Stat. §
									2-10,103,
				  the Department may impose an administrative fine pursuant to Neb. Rev. Stat.
				  §§
									2-10,103.01
				  and
				  2-10,103.02
				  and this section.
012.01 The
				regulation of importation of live plant pests, biological control agents, and
				soils is authorized under
Neb
.
Rev
.
Stat
. §
									2-10,113.
012.01A Persons desiring to import
				nonindigenous biological control agents, or genetically engineered plant
				organisms to be used in the open environment are required to obtain a permit
				prior to shipment from the Department.
012.01A1 Permits issued shall be valid for
				the period of time specified.
012.01A2 Exemptions to 25 NAC
				13-012.01A are:
012.01A2a Those nonindigenous biological
				control agents, or genetically engineered plant organisms which have received a
				permit issued by the United States Department of Agriculture and Plant Health
				Inspection Service (USDA/APHIS) and were approved by the Department.
012.01A2b Those biological control agents
				which have received the United States Environmental Protection Agency product
				registration under section 3 of the Federal Insecticide Fungicide and
				Rodenticide Act; and
012.01A2c
				Honey bees of the species
Apis mellifera.
Nebraska Administrative Code › Topic - AGRICULTURE, DEPARTMENT OF › Title 25 - DEPARTMENT OF AGRICULTURE, BUREAU OF PLANT INDUSTRY › Chapter 13 - PLANT PROTECTION AND PLANT PEST ACT REGULATIONS › Section 25-13-013 - Assessment of Administrative Fines

Current through June 17, 2024
If any person fails to comply with the Act and the
				  regulations adopted and promulgated pursuant to the Act, the Department may
				  impose an administrative fine pursuant to
Neb
.
Rev
.
Stat
. §
									2-10,103.02
				  and this section.
013.01 In addition
				to the definitions set forth in 25 NAC
				13-001, the following shall apply to
				this section:
013.01A LEVEL OF VIOLATION
				shall mean the alleged violation is a first or subsequent violation.
013.01B FIRST VIOLATION shall mean the
				alleged violator has not been found by an order of the Director or any court,
				or by the violator's own admission in a settlement agreement, to have committed
				a violation of the Act or these regulations in the three years immediately
				preceding the date of the alleged violation.
013.01C SUBSEQUENT VIOLATION shall mean the
				alleged violator has committed the same violation of the Act or these
				regulations one or more times within the three years immediately preceding the
				date of committing the current alleged violation as determined by an order of
				the Director or any court, or the alleged violator has entered into a
				settlement agreement admitting to the facts establishing the previous
				violation.
013.01D BASE FINE shall
				mean the amount of the administrative fine set by regulation for a particular
				violation of the Act or these regulations prior to any adjustments for gravity
				or size of the operation.
Nebraska Administrative Code › Topic - AGRICULTURE, DEPARTMENT OF › Title 25 - DEPARTMENT OF AGRICULTURE, BUREAU OF PLANT INDUSTRY › Chapter 13 - PLANT PROTECTION AND PLANT PEST ACT REGULATIONS › Section 25-13-014 - Administration

Current through June 17, 2024
These regulations shall be administered by the Nebraska
				  Department of Agriculture, located in the State Office Building, Fourth Floor,
				  301 Centennial Mall South, Lincoln, Nebraska. The mailing address is P.O. Box
				  94756, Lincoln, Nebraska 68509-4756; telephone number (402) 471-2351.
014.01 Fine Assignment Schedule Table - Type
				I
Type I (Least Serious) Category of Violation
Level of Violation
Mitigated
Median
Aggravated
FIRST
$20
$40
$60
SECOND
$40
$60
$100
THIRD
$80
$120
$200
014.02 Fine Assignment Schedule Table - Type
				II
Type II (Moderately Serious) Category of Violation
Level of Violation
Mitigated
Median
Aggravated
FIRST
$50
$100
$200
SECOND
$100
$200
$300
THIRD
$200
$300
$400
014.03 Fine Assignment Schedule Table - Type
				III
Type III (Most Serious) Category of Violation
Level of Violation
Mitigated
Median
Aggravated
FIRST
$100
$200
$300
SECOND
$200
$300
$400
THIRD
$300
$400
$500
Nebraska Administrative Code › Topic - AGRICULTURE, DEPARTMENT OF › Title 25 - DEPARTMENT OF AGRICULTURE, BUREAU OF PLANT INDUSTRY › Chapter 13 - PLANT PROTECTION AND PLANT PEST ACT REGULATIONS › Section 25-13-015 - Planting of Certified Seed Potatoes

Current through June 17, 2024
015.01 In cooperation with the Department,
				the certification entity of seed potatoes in the state of Nebraska shall comply
				with the Memorandum of Understanding between the Nebraska Department of
				Agriculture and the United States Department of Agriculture Animal and Plant
				Health Inspection Service Plant Protection and Quarantine (USDA/APHIS PPQ)
				which as a part of the State National Harmonization Program for seed potatoes
				sets minimum standards for the certification of seed potatoes. A copy of the
				Memorandum of Understanding is attached and incorporated herein by reference
				and is hereby adopted and promulgated and may be used.
015.02 The Director recognizes that the
				Potato Certification Association of Nebraska is the certification entity in the
				state of Nebraska to certify that seed potatoes are free of regulated plant
				pests of seed potatoes.
015.03 A
				person may not plant seed potatoes in lots of one acre or more, for the purpose
				of distributing the crop to be harvested, unless the seed potatoes:
015.03A Have been certified by the Nebraska
				certification entity as meeting the standards of this state; or,
015.03A1 Have been certified by another state
				or province having a similar seed potato quality assurance (certification)
				program, as determined by the Nebraska certification entity; or,
015.03A2 Have been field inspected and
				approved by the Nebraska certification entity.
Nebraska Administrative Code › Topic - AGRICULTURE, DEPARTMENT OF › Title 25 - DEPARTMENT OF AGRICULTURE, BUREAU OF PLANT INDUSTRY › Chapter 13 - PLANT PROTECTION AND PLANT PEST ACT REGULATIONS › Section 25-13-017 - Annotation

Current through June 17, 2024
Neb
.
Rev
.
Stat
. §§
									2-1072 to
				  2-10,117.
Nebraska Administrative Code › Topic - AGRICULTURE, DEPARTMENT OF › Title 27 - DEPARTMENT OF AGRICULTURE, DIVISION OF WEIGHTS AND MEASURES › Chapter 4 - DISCLOSURES REQUIRED ON DELIVERY TICKET ACCOMPANYING BULK SALE OF MEAT › Section 27-4-001 - Repeal

Current through June 17, 2024
Title 27, Chapter 4, Nebraska Administrative Code, entitled
				  "Disclosures Required on Delivery Ticket Accompanying Bulk Sale of Meat is
				  repealed.
Nebraska Administrative Code › Topic - AGRICULTURE, DEPARTMENT OF › Title 27 - DEPARTMENT OF AGRICULTURE, DIVISION OF WEIGHTS AND MEASURES › Chapter 4 - DISCLOSURES REQUIRED ON DELIVERY TICKET ACCOMPANYING BULK SALE OF MEAT › Section 27-4-002 - Annotation

Current through June 17, 2024
Neb
.
Rev
.
Stat
. §§
									89-193
				  to
				  89-1,103.
Nebraska Administrative Code › Topic - AGRICULTURE, DEPARTMENT OF › Title 27 - DEPARTMENT OF AGRICULTURE, DIVISION OF WEIGHTS AND MEASURES › Chapter 10 - WEIGHTS AND MEASURES REGULATIONS › Section 27-10-001 - Administration

Current through June 17, 2024
These regulations are administered by the Nebraska Department
				  of Agriculture pursuant to the Weights and Measures Act,
Neb
.
Rev
.
Stat
. §§
									89-182.01 to
				  89-1,103.
Nebraska Administrative Code › Topic - AGRICULTURE, DEPARTMENT OF › Title 27 - DEPARTMENT OF AGRICULTURE, DIVISION OF WEIGHTS AND MEASURES › Chapter 10 - WEIGHTS AND MEASURES REGULATIONS › Section 27-10-002 - Definitions

Current through June 17, 2024
In addition to the terms listed below, the definitions in the
				  Act apply..
002.01 Act means the
				Weights and Measures Act, Neb. Rev. Stat §§
									89-182.01 to
				89-1,103
				including the handbooks adopted by reference in Neb. Rev. Stat. §
									89-186.
002.02 Applicant means a person seeking
				registration as a repair personnel or repair business.
002.03 Repair business means any person
				employing repair personnel.
002.04
				Repair personnel means any individual who for hire, award, commission, or any
				other payment of any kind, sells, installs, services, repairs, or reconditions
				a commercial weighing and measuring device, and who voluntarily registers as
				such with the department.
Nebraska Administrative Code › Topic - AGRICULTURE, DEPARTMENT OF › Title 27 - DEPARTMENT OF AGRICULTURE, DIVISION OF WEIGHTS AND MEASURES › Chapter 10 - WEIGHTS AND MEASURES REGULATIONS › Section 27-10-003 - Scales

Current through June 17, 2024
003.01 Scale owners will comply with the Act,
				maintain in their possession the manufacturer's plans for their scales and meet
				all of the manufacturer's specifications including those for installation.
				Failure to comply or to correct any installation characteristic adversely
				affecting performance subjects a scale to a stop-use, hold or removal
				order.
003.02 A suitable foundation
				includes:
003.02A An adequate bearing area
				stabilized at the desired grade (elevation) to support the load as specified by
				the scale manufacturer and if not specified, a bearing area supporting at least
				3,000 pounds per square foot with the scale owner responsible for determining
				whether or not soil characteristics are appropriate for a particular design,
				and if not, for design modifications to suit the existing soil
				conditions;
003.02B Installation
				that supports the combined loads applied by the weight of the scale, the
				weighbridge, and the maximum anticipated load on the scale distributing loads
				evenly over the underlying ground so any settlement of the structure will be
				minimized and uniform throughout the structure and reinforced concrete poured
				to the depth of the local frost line of not less than four feet, if piers are
				listed in the manufacturer's specifications;
003.02C End walls of monolithic construction
				with the end piers or foundation and pit type scales with internal piers of
				monolithic construction with the pit sidewalls; and
003.02D Clearance (the distance measured from
				the bottom of the weighbridge main beams or supporting structure to the bottom
				of the pit or the top of the cleaning slab) on all scales not less than the
				scale manufacturer's specifications.
Nebraska Administrative Code › Topic - AGRICULTURE, DEPARTMENT OF › Title 27 - DEPARTMENT OF AGRICULTURE, DIVISION OF WEIGHTS AND MEASURES › Chapter 10 - WEIGHTS AND MEASURES REGULATIONS › Section 27-10-004 - Standards Laboratory Operating Procedures

Current through June 17, 2024
004.01
				Laboratory services are subject to the fees. The charges for laboratory
				services are based on secondary standards ready for certification not needing
				pre-calibration services.
004.01A Weights -
				Class F Tolerance Testing:
5 lbs. and under
$ 6.25 per weight
Over 5 lbs. to and including 50
								lbs.
$ 8.50 per weight
Over 50 lbs. to and including 1,200
								lbs.
$ 23.50 per weight
Over 1,200 lbs.
$ 80.00 per hour
004.01B Test Weight Kits - All Classes
Tolerance or Precision Testing
$ 80.00 per hour
004.01C Dry Measures or Liquid Measures
Less than 5 gallons
$ 80.00 per hour
004.01D Metal Volumetric Field Standards
5 to 25 gallons
$ 51.00 per unit
Over 25 gallons
$ 80.00 per hour
004.01E Linear Measures, Pressurized
				Volumetric Standards, Pressure Standards and Gauges, all other laboratory
				services, and Pre-Calibration Services will be charged at a rate of $ 80.00 per
				hour. Payment owned for any standard needing adjustment and retesting,
				cleaning, painting, or other pre-calibration services includes the costs of
				materials, in addition to the regular fees.
Nebraska Administrative Code › Topic - AGRICULTURE, DEPARTMENT OF › Title 27 - DEPARTMENT OF AGRICULTURE, DIVISION OF WEIGHTS AND MEASURES › Chapter 10 - WEIGHTS AND MEASURES REGULATIONS › Section 27-10-005 - Registered Repair Personnel

Current through June 17, 2024
005.01 The Director
				may enter into a reciprocal agreement with any other State to provide
				registration standards for applicants.
005.02 Repair personnel and repair businesses
				annually certify their compliance with these regulations and that they have
				access to all necessary testing equipment and standards.
005.03 Prior to initial registration, and at
				least every three years thereafter, repair personnel will pass an examination
				established by the Director to determine if they are qualified to sell,
				install, service, repair or recondition devices.
005.04 Registration.
005.04A The annual fee is forty-five dollars
				for all registered repair personnel. Repair businesses owe a fee of forty-five
				dollars times the number of employee repair personnel. If at any time during
				the year a repair business employs any additional repair personnel, the
				business will pay an additional forty-five dollars fee per additional
				employee.
005.04B The annual
				registration fee is due on January 31 of each year. Persons seeking
				registration at any time during the year pay the entire fee.
005.04C Upon payment of the annual
				registration fee and any change thereafter, a repair personnel business
				provides a list of all employee repair personnel.
005.04D An employee repair personnel will no
				longer be registered if he or she ceases to be employed by the original repair
				business. Any repair personnel changing employers or becoming self-employed
				will pay a new registration fee.
Nebraska Administrative Code › Topic - AGRICULTURE, DEPARTMENT OF › Title 29 - DEPARTMENT OF AGRICULTURE, AG PROMOTION AND DEVELOPMENT › Chapter 1 - AGRICULTURAL OPPORTUNITIES AND VALUE-ADDED PARTNERSHIPS REGULATIONS › Section 29-1-001 - Repeal

Current through June 17, 2024
Title 29, Chapter 1, Nebraska Administrative Code, entitled
				  "Agricultural Opportunities and Value-Added Partnerships Regulations" is
				  repealed.
Nebraska Administrative Code › Topic - AGRICULTURE, DEPARTMENT OF › Title 29 - DEPARTMENT OF AGRICULTURE, AG PROMOTION AND DEVELOPMENT › Chapter 1 - AGRICULTURAL OPPORTUNITIES AND VALUE-ADDED PARTNERSHIPS REGULATIONS › Section 29-1-002 - Annotation

Current through June 17, 2024
Neb
.
Rev
.
Stat
. §§
									2-5401 to
				  2-5412.
Nebraska Administrative Code › Topic - AGRICULTURE, DEPARTMENT OF › Title 30 - DEPARTMENT OF AGRICULTURE, DIVISION OF POTATO DEVELOPMENT › Chapter 1 - POTATO DEVELOPMENT REGULATIONS › Section 30-1-001 - Excise Tax

Current through June 17, 2024
Pursuant to the provisions of section
				  2-1807
				  of the Nebraska Potato Development Act, the excise tax on potatoes grown in
				  Nebraska shall be three-fourth of one cent (¾¢) per one hundred
				  pounds (100 lbs.) sold or shipped during the applicable reporting
				  period.
Nebraska Administrative Code › Topic - AGRICULTURE, DEPARTMENT OF › Title 30 - DEPARTMENT OF AGRICULTURE, DIVISION OF POTATO DEVELOPMENT › Chapter 1 - POTATO DEVELOPMENT REGULATIONS › Section 30-1-002 - Annual Statements

Current through June 17, 2024
002.01 On or before July 31 of each year,
				every potato shipper shall file with the Department of Agriculture an annual
				statement on the form prescribed by 30 NAC 1-004.01. The potato shipper shall,
				by sworn statement, set forth the number of pounds of potatoes grown in
				Nebraska which were sold or shipped by him or her during the preceding fiscal
				year beginning July 1 and ending June 30.
Nebraska Administrative Code › Topic - AGRICULTURE, DEPARTMENT OF › Title 30 - DEPARTMENT OF AGRICULTURE, DIVISION OF POTATO DEVELOPMENT › Chapter 1 - POTATO DEVELOPMENT REGULATIONS › Section 30-1-003 - Recordkeeping

Current through June 17, 2024
Pursuant to the provisions of sections
				  2-1806
				  of the Nebraska Potato Development Act, licensed potato shippers shall keep
				  records of the following description with respect to all shipments of potatoes
				  by them.
003.01 Name and address of
				the grower and the seller or shipper;
003.02 Date of the sale or
				shipment;
003.03 The number of
				pounds of potatoes sold or shipped; and
003.04 The amount of excise tax paid by the
				potato shipper.
Nebraska Administrative Code › Topic - AGRICULTURE, DEPARTMENT OF › Title 30 - DEPARTMENT OF AGRICULTURE, DIVISION OF POTATO DEVELOPMENT › Chapter 1 - POTATO DEVELOPMENT REGULATIONS › Section 30-1-005 - Annotation

Current through June 17, 2024
Neb
.
Rev
.
Stat
. §§
									2-1801 to
				  2-1811
				  (Reissue 1997).
Nebraska Administrative Code › Topic - AGRICULTURE, DEPARTMENT OF › Title 31 - DEPARTMENT OF AGRICULTURE, DIVISION OF POULTRY AND EGG DEVELOPMENT › Chapter 1 - POULTRY AND EGG MARKETING REGULATIONS › Section 31-1-001 - Division Manager

Current through June 17, 2024
As authorized by the Act, the Director may appoint the head
				  of the Division of Poultry and Egg Development, Utilization, and Marketing.
				  State personnel has designated the position be classified as Agriculture
				  Program Manager and covered by the Classified System Personnel Rules and
				  Regulations. It shall be the responsibility of the Manager to conduct the
				  affairs of the Division in the manner prescribed by the Director of
				  Agriculture, with the advice of the Nebraska Poultry and Egg Development,
				  Utilization, and Marketing Committee. Such duties and responsibilities shall
				  include, but not be limited to the following:
001.01 General administration of the
				provisions of the Act,
001.02
				Coordination of activities between the Department of Agriculture and the
				committee, and
001.03 Assisting the
				committee in its functions.
Nebraska Administrative Code › Topic - AGRICULTURE, DEPARTMENT OF › Title 31 - DEPARTMENT OF AGRICULTURE, DIVISION OF POULTRY AND EGG DEVELOPMENT › Chapter 1 - POULTRY AND EGG MARKETING REGULATIONS › Section 31-1-002 - Fees

Current through June 17, 2024
002.01 Fees shall be as follows:
002.01A Three cents (3¢) per case of
				eggs.
002.01B Two cents (2¢)
				per tom turkey.
002.01C One and
				one-half cents (1½¢) per hen turkey.
Nebraska Administrative Code › Topic - AGRICULTURE, DEPARTMENT OF › Title 31 - DEPARTMENT OF AGRICULTURE, DIVISION OF POULTRY AND EGG DEVELOPMENT › Chapter 1 - POULTRY AND EGG MARKETING REGULATIONS › Section 31-1-003 - Recordkeeping and Filing

Current through June 17, 2024
003.01
Maintenance.
First purchasers of eggs or turkeys and importers of eggs
				  shall maintain records of all such purchases. Such records shall be maintained
				  for a period of at least two (2) years and shall be open for inspection during
				  normal business hours. Maintenance of customary settlement forms, computer
				  records, or check stubs shall be deemed sufficient to meet the requirements of
				  this provision, provided such records contain the below required information.
				  The records shall show the following:
003.01A The name and address of the
				producer,
003.01B The date of
				purchase,
003.01C The quantity of
				eggs, tom turkeys, or hen turkeys sold, and
003.01D The amount of fees collected on each
				purchase.
Nebraska Administrative Code › Topic - AGRICULTURE, DEPARTMENT OF › Title 31 - DEPARTMENT OF AGRICULTURE, DIVISION OF POULTRY AND EGG DEVELOPMENT › Chapter 1 - POULTRY AND EGG MARKETING REGULATIONS › Section 31-1-004 - Exemptions

Current through June 17, 2024
First purchasers of eggs whose annual average weekly volume
				  of purchases is less than twenty-five thirty-dozen cases per week are hereby
				  exempt from the requirements of the Act regarding the collection of fees. Such
				  purchasers shall, however, maintain records as required by the provisions of 31
				  NAC 003.01.
Nebraska Administrative Code › Topic - AGRICULTURE, DEPARTMENT OF › Title 31 - DEPARTMENT OF AGRICULTURE, DIVISION OF POULTRY AND EGG DEVELOPMENT › Chapter 1 - POULTRY AND EGG MARKETING REGULATIONS › Section 31-1-005 - Refunds

Current through June 17, 2024
005.01
Application.
Producers desiring refunds shall make written application to
				  the Department at the address shown at 31 NAC
				  003.02D, above.
				  Applications shall be received within sixty days of the date of assessment. To
				  be effective, a refund request shall contain the following:
005.01A A written demonstration of a desire
				to have all or part of a fee paid, refunded, and
005.01B Proof that a fee has been deducted by
				a first purchaser, in the form of a copy of a settlement form or check stub,
				clearly indicating the nature, purpose and amount of fee deducted, and the date
				deducted.
Nebraska Administrative Code › Topic - AGRICULTURE, DEPARTMENT OF › Title 31 - DEPARTMENT OF AGRICULTURE, DIVISION OF POULTRY AND EGG DEVELOPMENT › Chapter 1 - POULTRY AND EGG MARKETING REGULATIONS › Section 31-1-006 - Effective Date

Current through June 17, 2024
This rule shall be effective five days after it has been
				  filed with the Secretary of State as provided by the Administrative Procedure
				  Act.
Nebraska Administrative Code › Topic - AGRICULTURE, DEPARTMENT OF › Title 31 - DEPARTMENT OF AGRICULTURE, DIVISION OF POULTRY AND EGG DEVELOPMENT › Chapter 1 - POULTRY AND EGG MARKETING REGULATIONS › Section 31-1-007 - Annotation

Current through June 17, 2024
Neb
.
Rev
.
Stat
. §§
									2-3401 to
				  2-3416
				  (Reissue 1997).
Nebraska Administrative Code › Topic - AGRICULTURE, DEPARTMENT OF › Title 33 - DEPARTMENT OF AGRICULTURE, DIVISION OF MANAGEMENT AND FINANCE › Chapter 1 - PACKER BONDING REGULATIONS › Section 33-1-001 - Purpose

Current through June 17, 2024
The purpose of these rules and regulations is to establish
				  requirements for the purchasers of slaughter livestock registered with the
				  director pursuant to the Nebraska Livestock Sellers Protective Act. Such
				  registrants are required to provide the director with assurances of their
				  financial ability to faithfully and promptly account for and pay to the sellers
				  with whom they deal, the total proceeds from the sales of slaughter livestock,
				  except where such assurances are preempted by the Federal Packers and
				  Stockyards Act of 1921, as amended, and the regulations adopted
				  thereunder.