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 25-13-010 - Compliance with European Corn Borer Quarantines Maintained in Other States of the United States

Current through June 17, 2024
010.01 Inspection of facilities or equipment,
				the issuance of certificates and the fees assessed associated with the
				compliance to the European corn borer quarantines of other states are
				authorized in
Neb
.
Rev
.
Stat
. §§
									2-1091
				and
				2-10,110
				of the Act.
010.01A Statement of Purpose -
				The European corn borer (
Ostrinia nubilalis
) is an
				insect found statewide in Nebraska and causes severe damage to various plants.
				However, this insect is not distributed across the entire United States. There
				are states and a Canadian province which have imposed and maintain a quarantine
				prohibiting the introduction of this pest into their state. The quarantines
				maintained by these states and provinces prevent the shipment of Nebraska grown
				corn, sorghum, broomcorn, and sudan grass unless such shipments have been duly
				certified to have been treated in a manner that would exclude the live larvae
				of the European corn borer.
010.01B
				Any grain distribution facility desiring to originate shipments of corn,
				sorghum, broomcorn, or sudan grass to states maintaining European corn borer
				quarantines may apply for an inspection of their facilities and equipment by
				the Department. An application shall be made on forms provided by the
				Department. After enrollment in the program, it shall be the responsibility of
				the facility manager or the facility's appointed person to review the screening
				and loading process of quarantine commodities.
010.01C When conducting inspections of grain
				distribution facilities, the Department shall be guided by the requirements of
				those states and provinces maintaining quarantines The requirements of the
				destination state or province shall be met The Department shall maintain
				current information with respect to the quarantine requirements of the
				individual states and provinces and shall make available such information to
				the grain distribution facilities within the state.
010.01D The Department shall conduct
				inspections of the grain distribution facilities upon initial request to enter
				into the European corn borer quarantine program After initial enrollment into
				the program, periodic inspections shall be conducted Inspections may include
				one or more of the following:
010.01D1
				Inspection of facilities and equipment.
010.01D2 Inspection of grain shipments.
010.01D3 Observation and
				evaluation of procedures utilized in handling and inspecting grain shipments,
				and issuing European Corn Borer Certificates.
010.01E The Department shall issue a European
				Corn Borer Quarantine Certification License to those facilities which have
				submitted an application, met the requirements of those states and provinces
				maintaining quarantines and paid the annual fee. The certificate shall be valid
				for one year after issuance unless revoked sooner by the Department. European
				Corn Borer Certificates may not be sold to a person until the European Corn
				Borer Quarantine Certification License has been issued to the
				facility.
010.01F The Department
				shall assess the following fees for the issuance of a European Corn Borer
				Quarantine Certification License and European Corn Borer Certificates. 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.
010.01F1 The annual fee
				for the issuance of a European Corn Borer Quarantine Certification License
				shall be $ 50.00 and is due upon application.
010.01F2 The cost for each European Corn
				Borer Certificate shall be 25 cents The certificates are sold in pads of 25 for
				$625 a pad.
010.01G The
				Department may revoke a European Corn Borer Quarantine Certification License
				and recall, without reimbursement, any outstanding European Corn Borer
				Certificates issued under the License for any of the following reasons:
010.01G1 Failure to completely and accurately
				provide the information requested on the application, or failure to carry out
				the assurances set forth therein.
010.01G2 Failure to pay any fees or costs due
				the Department.
010.01G3 Failure to
				maintain facilities and equipment in the manner prescribed by the
				Department.
010.01G4 Failure to
				conduct inspections of grain shipments in the manner prescribed by the
				Department.
010.01G5 Failure to
				utilize the grain handling and inspection procedures prescribed by the
				Department.
010.01G6 Failure to
				issue European Corn Borer Certificates in the manner prescribed by the
				Department.
010.01H In
				addition to the revocation and recall provisions of these regulations for
				European Corn Borer Quarantine Certification License or European Corn Borer
				Quarantine Certificates, the Department may pursue any enforcement action
				provided for in the Act including issuing an administrative fine.