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 25-13-009 - Inspection and Certification of Plants and Plant Products for Export

Current through June 17, 2024
009.01 The inspection of plants and plant
				products for export, the issuance of phytosanitary or export certificates, and
				fees assessed is authorized in
Neb
.
Rev
.
Stat
. §§
									2-1091
				and
				2-10,110
				of the Act.
009.01A Most states and foreign
				countries have quarantines, requirements, and regulations that must be met
				before a plant or plant product may be imported into their state or country.
				Nebraska plants and plant products would not be admissible into the receiving
				state or foreign country unless those shipments were inspected and certified by
				the appropriate plant regulatory agency.
009.01B An exporter of plants or plant
				products desiring to ship plants, plant products or associated materials from
				Nebraska to a state or foreign country requiring a phytosanitary or export
				certificate shall submit an application to the Department. The application
				shall be made on forms provided or approved by the Department.
009.01C The Department shall conduct
				inspections of plants, plant products, associated materials or facilities for
				persons that have applied for or intend to apply for a phytosanitary or export
				certificate from the Department. Inspections shall include one or more of the
				following:
009.01C1 An inspection of the
				plants, plant products or associated materials intended for export under a
				phytosanitary or export certificate and if necessary; or
009.01C2 Field inspections of growing plants
				to determine presence or absence of plant diseases, weeds or other plant pests;
				or
00901C3 Laboratory diagnosis for presence or absence of plant
				  diseases, weed seed, nematodes or other plant pests; or
009.01C4 Observation and evaluation of
				procedures and facilities utilized in handling plants and plant products;
				or
009.01C5 Review of the United
				States Department of Agriculture Federal Grain Inspection Service (USDA/FGIS)
				Official Export Grain Inspection Certificate logs.
009.01D The Department may issue a
				phytosanitary or export certificate if the plants or plant products
				satisfactorily meet the requirements of the importing state or foreign country
				and the United States Department of Agriculture and Plant Health Inspection
				Service (USDA/APHIS) requirements. The requirements of the destination state or
				country shall be met by the applicant.
009.01E The Department shall assess fees to
				cover the costs of phytosanitary inspection work. 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.
				The inspection fee shall include mileage and inspection time.
009.01E1 Mileage charge - $042 per mile.
009.01E2 Inspection time - $2400
				per hour.
009.01E3 Inspection time
				shall include the driving time to and from the location in addition to the time
				spent conducting the phytosanitary inspection work
009.01E4 Except as provided in 25 NAC
				13-009.01E 5, a
				fee of $3000 shall be assessed for each phytosanitary or export certificate
				issued in addition to any other charges as described in 25 NAC
				13-009.01E 6, 25
				NAC
				13-009.01E 7 and
				25 NAC
				13-009.01E 8.
009.01E5 A fee of $1000 shall be
				assessed for each phytosanitary or export certificate issued, in addition to
				any other charges as described in 25 NAC
				13-009.01E 6, 25
				NAC
				13-009.01E 7 and
				25 NAC
				13-009.01E 8 for
				the following applicants:
009.01E5a Any
				university or college needing a phytosanitary or export certificate for
				academic research purposes;
009.01E5b Any agency, board, or commission of
				the state of Nebraska; and
009.01E5c Any licensed nursery stock
				distributor requesting a phytosanitary or export certificate for nursery stock
				shipments.
009.01E6 Any
				application made to the Department by telephone shall be assessed an additional
				fee of $700
009.01E7 Any fee
				charged to the Department by the United States Department of Agriculture for
				the issuance of a phytosanitary or export certificate shall be paid by the
				applicant.
009.01E8 Any fee
				charged to the Department by a laboratory for diagnostic services or any
				shipping costs related to phytosanitary inspection work shall be paid by the
				applicant.
009.01F The
				Department shall refuse the issuance of a phytosanitary or export certificate
				for any of the following reasons:
009.01F1
				Failure of the plants, plant products or associated materials to meet
				quarantine requirements, regulations, or other phytosanitary measures imposed
				by the state or country for which the phytosanitary or export certificate is
				being requested.
009.01F2 Failure
				to completely or accurately provide the information requested on the
				application form or other required information necessary to determine the
				product meets entry requirements of the receiving state or country.
009.01F3 Failure to ship the exact plants or
				plant products which were inspected and approved.
009.01F4 Failure to pay any fees or costs due
				the Department.