reglab/statecodes huggingface dataset:
Nebraska Administrative Code › Topic - AGRICULTURE, DEPARTMENT OF › Title 25 - DEPARTMENT OF AGRICULTURE, BUREAU OF PLANT INDUSTRY › Chapter 2 - PESTICIDE REGULATIONS › Section 25-2-003 - Definitions

Current through June 17, 2024
In addition to the terms listed below, the definition of
				  terms found in the Pesticide Act apply to such terms when found in these
				  regulations.
003.01 LEVEL OF VIOLATION
				means the alleged violation is a first or subsequent violation.
003.02 FIRST VIOLATION means a violation not
				meeting the definition of a subsequent violation.
003.03 SUBSEQUENT VIOLATION means the alleged
				violator has been, found by an order of the director or any court to have
				committed a violation of the act, or has not contested a violation listed in a
				settlement agreement or a warning letter, within the three years immediately
				preceding the date of committing the current alleged violation.
003.04 BASE FINE means the amount of the
				administrative fine set by regulation for a particular violation of the act
				prior to any adjustments for gravity or size of business.
003.05 SETTLEMENT AGREEMENT means a written
				agreement between the department and an alleged violator resolving any matter
				before the department,
003.06 MINOR
				HARM means actual or potential harm which is or would be of short duration, has
				no lasting effects or permanent damage, or is easily reversible, and harm did
				not or would not result in significant monetary loss.
003.07 SERIOUS OR WIDESPREAD HARM means mean
				actual or potential harm to human health or to the environment which does not
				meet the parameters of minor harm.
003.08 FEDERAL CERTIFICATION REGULATIONS
				means 40 CFR Part 171 as it existed on January 1, 2019 which is found in the
				July 1, 2018 Edition.
003.09
				HANDLER means a person who mixes and loads restricted-use pesticides under the
				direct supervision of a certified applicator but does not apply such
				pesticides.
Nebraska Administrative Code › Topic - AGRICULTURE, DEPARTMENT OF › Title 25 - DEPARTMENT OF AGRICULTURE, BUREAU OF PLANT INDUSTRY › Chapter 2 - PESTICIDE REGULATIONS › Section 25-2-004 - Federal Certification Regulations

Current through June 17, 2024
The federal certification regulations are adopted and
				  incorporated herein by reference so long as these standards do not conflict
				  with the Pesticide Act. if there is an inconsistency between the act and the
				  federal certification regulations, the act controls. A copy of the federal
				  certification regulations is attached to these regulations on the department's
				  website at
https://nda.nebraska.gov/regulations/plant/PesticideActCFR.pdf
.
Nebraska Administrative Code › Topic - AGRICULTURE, DEPARTMENT OF › Title 25 - DEPARTMENT OF AGRICULTURE, BUREAU OF PLANT INDUSTRY › Chapter 2 - PESTICIDE REGULATIONS › Section 25-2-005 - Standards for Pesticide Applicators

Current through June 17, 2024
005.01 General
				Standards for Certified Applicators. Competency standards include demonstration
				of practical knowledge of the principles and practices of pest control and
				proper and effective application of pesticides as set forth in applicable
				federal certification regulations. Federal certification regulations require
				all certified applicators demonstrate the ability to read and understand
				pesticide labeling. Private applicators not taking a certification examination
				may demonstrate their ability to read and understand a label by completing a
				label exercise during certification training. Those applicators using
				restricted-use pesticides through an irrigation system additionally need to
				comply with licensing requirements of the Nebraska Chemigation Act, Neb. Rev.
				Stat. §§
									46-1101
				through
				46-1148.
005.02 Commercial and Noncommercial
				Applicators.
005.02A Categories. Except for
				the sodium fluoroacetate predator control category, commercial and
				noncommercial applicators may elect to be trained, examined and certified
				according to the categories set out in the federal certification regulations
				and the following categories:
005.02A(1)
				Sewer Use of Metam Sodium. For applications of metam sodium in sewer lines for
				plant root control.
005.02A(2) Wood
				Destroying Organisms. For applications of restricted-use or general-use
				pesticides which are not fumigants in or around structures for the control of
				wood destroying organisms such as termites, carpenter ants, fungus or beetle
				species.
005.02A(3) Wood
				preservation. For applications of any restricted-use pesticide for preservative
				treatment of wood or wood products to protect wood that will be exposed to
				weather.
005.02A(4) Wildlife Damage
				Control. For applications of, restricted-use pesticides other than gaseous or
				solid fumigants, in the management of vertebrate wildlife to control the damage
				that they cause.
Nebraska Administrative Code › Topic - AGRICULTURE, DEPARTMENT OF › Title 25 - DEPARTMENT OF AGRICULTURE, BUREAU OF PLANT INDUSTRY › Chapter 2 - PESTICIDE REGULATIONS › Section 25-2-006 - Record Keeping

Current through June 17, 2024
006.01 Sufficient
				record keeping for private applicators includes all of the following
				information on the application of all restricted-use pesticides, complete the
				record within 14 days of the application, and maintain the record for a period
				of three years from the date of the application:
006.01A The brand or product name and the EPA
				registration number of the pesticide that was applied;
006.01B The total amount of the pesticide
				applied;
006.01C The location of
				the application, the size of area treated, and the crop, commodity, stored
				product, or site to which a pesticide was applied. A separate record of
				application is required to be made for each unique location. The location of
				the application may be recorded using any of the following designations:
006.01C(1) County, range, township, and
				section;
006.01C(2) An
				identification system utilizing maps or written descriptions which accurately
				identifies location, such as global positioning system locators;
006.01C(3) An identification system
				established by a USDA agency which utilizes maps and a numbering system to
				identify field locations; or
006.01C(4) The legal property description.
006.01D The month, day,
				and year on which the pesticide application occurred. A separate record of
				application is necessary for each unique date of application. If an application
				is suspended for any reason, the proper procedure is that a separate
				application record is made for each day of application with the specific area
				treated for each separate date clearly recorded. For applications made over
				multiple days, the record lists all days during which the application was in
				effect, from the introduction of the pesticide until the target site was
				cleared for re-entry;
006.01E The
				name and certification number of the certified applicator who applied or who
				supervised the person making the application; and
006.01F Applications of pesticides made on
				the same day in a total area of less than 1/10 of an acre are classified as
				spot applications and require the following elements be recorded:
006.01F(1) Brand or product name and EPA
				registration number;
006.01F(2)
				Total amount applied;
006.01F(3)
				Location designated as "spot application" with an indication of the section,
				township, range and county of the target site; and
006.01F(4) The date of application.
Nebraska Administrative Code › Topic - AGRICULTURE, DEPARTMENT OF › Title 25 - DEPARTMENT OF AGRICULTURE, BUREAU OF PLANT INDUSTRY › Chapter 2 - PESTICIDE REGULATIONS › Section 25-2-007 - Fines and Penalties

Current through June 17, 2024
The department case review process will determine the
				  appropriate fine or penalty for each violation of the Pesticide Act in
				  accordance with §
									2-2626(9),
				  §
									2-2650
				  and any other applicable provisions of the act.
007.01 When it is determined that an
				administrative fine is an appropriate penalty for a violation of the Pesticide
				Act, the actual amount of such administrative fine is calculated by determining
				the base fine and making the necessary adjustments for gravity and the size of
				business as set forth in this section. The department may, however, issue any
				fine at the statutory maximum for any egregious violation. The base fines
				established for the specific violations of the Pesticide Act as set forth in
				Neb. Rev. Stat §
									2-2646 are as
				follows:
007.01A A violation of
				2-2646(1):
007.01A(1) Base fine for a first violation is
				$1,000.
007.01A(2) Base fine for a
				subsequent violation is $2,000.
Nebraska Administrative Code › Topic - AGRICULTURE, DEPARTMENT OF › Title 25 - DEPARTMENT OF AGRICULTURE, BUREAU OF PLANT INDUSTRY › Chapter 2 - PESTICIDE REGULATIONS › Section 25-2-008 - Worker Protection Standards (Arid REI extension)

Current through June 17, 2024
The counties listed below have an annual average rainfall of
				  25 inches or more over a 25 year period and are not subject to the arid
				  Restricted Entry Interval (REI) extension for organophosphate or
				  methyl-carbamate pesticides:
Adams
Fillmore
Pierce
Antelope
Gage
Phelps
Hall
Platte
Boone
Hamilton
Polk
Buffalo
Harlan
Richardson
Burt
Jefferson
Rock
Butler
Johnson
Saline
Cass
Kearney
Sarpy
Cedar
Keya Paha Knox
Saunders
Clay
Lancaster Loup
Seward
Colfax
Madison
Thayer
Cuming
Merrick
Thurston
Custer
Nance
Dakota
Nemaha
Washington
Dixon
Nuckolls
Wayne
Dodge
Otoe
Webster
Douglas
Pawnee
York
Nebraska Administrative Code › Topic - AGRICULTURE, DEPARTMENT OF › Title 25 - DEPARTMENT OF AGRICULTURE, BUREAU OF PLANT INDUSTRY › Chapter 2 - PESTICIDE REGULATIONS › Section 25-2-009 - Emergency Exemption Permit

Current through June 17, 2024
009.01 The
				department may allow the application of a pesticide under an emergency
				exemption contingent upon continued compliance by the registrant of the
				pesticide with the provisions of the Pesticide Act and these rules and
				regulations.
009.02 The registrant
				of an emergency exemption pesticide is obligated to ensure that such pesticide
				is distributed only to those persons who have obtained a permit to distribute
				such pesticide in Nebraska.
009.03
				Application. Any person wishing to distribute, including those persons only
				distributing to other dealers, an emergency exemption pesticide may make
				application to the department for a permit on forms provided by the department.
				Only persons holding such permits are allowed to distribute the pesticide for
				such application.
009.04 issuance.
				The department may issue an emergency exemption permit to applicants who have
				completed the application and who have agreed to abide by the conditions set
				out in 009.05 below. Permits are valid until the dates specified on the permit,
				unless sooner revoked by the department for a violation by the holder of the
				provisions of the act or the rules and regulations.
009.05 Conditions. All permits issued under
				009.04 above are subject to the following;
009.05A Only products approved by the
				department pursuant to this regulation are allowed to be distributed as
				identified on the permit.
009.05B
				Distribution is only allowed to be made to persons holding an emergency
				exemption permit, or the end user of the emergency exempted
				pesticide.
009.05C No distribution
				is allowed to in any way violate the restrictions of the label, or emergency
				labeling of the pesticide. The label and the emergency labeling is to be
				provided with the distribution of the pesticide.
009.05D No distribution is allowed to be made
				to any person whom the department has determined has violated the provisions of
				this rule and regulation or has violated the provisions of any emergency
				exemption permit issued to that person.
009.05E Persons distributing pesticides under
				an emergency exemption permit are only allowed to do so if they maintain
				records of distributions for at least three (3) years following the effective
				date of the distribution. Such records are the same as those required for a
				restricted-use pesticide as set forth in 006.03 above. In addition, a final
				report is to be submitted to the Department of Agriculture of all distributions
				of the pesticide within 60 days following the end of the season or expiration
				of the permit.
Nebraska Administrative Code › Topic - AGRICULTURE, DEPARTMENT OF › Title 25 - DEPARTMENT OF AGRICULTURE, BUREAU OF PLANT INDUSTRY › Chapter 3 - NEBRASKA COMMERCIAL FEED REGULATIONS › Section 25-3-001 - ADOPTION BY REFERENCE

Current through June 17, 2024
001.0121CFR Part 1,
				§§ 1.20-1, 23, Subparts L, M, and O; Part 7, Subparts A and C, Part
				70, 70.20- 70.25: Part 73, 2273.1- 73.615, Part 74, § 74.101- 74.706;
				Parts 81; 82; 225; 226; Part 500, §§ 500.23, 500.24, 500.29, 500.45,
				500.50, 500.80 - 500.92; Parts 501; 502; 507; 509; 510, Subpart D; Part 558;
				Part 570, Subparts B and E; Parts 573, 579, 582, 584, and 589 as they existed
				on August 1, 2021 are adopted and incorporated herein by reference so long as
				these standards do not conflict with the Nebraska Commercial Feed Act (herein
				Act). A copy of the adopted federal regulations is attached to these
				regulations on the departments website at
https://nda.nebraska.gov/regulations/
.
001.02 The official feed terms, official and
				tentative definitions of feed ingredients in chapter six and in the "2021
				Official Publication of the Association of American Feed Control Officials
				Incorporated," are adopted and incorporated herein by reference, so long as
				these standards do not conflict with the Act. A copy of the adopted publication
				is attached to these regulations in Appendix A.
Nebraska Administrative Code › Topic - AGRICULTURE, DEPARTMENT OF › Title 25 - DEPARTMENT OF AGRICULTURE, BUREAU OF PLANT INDUSTRY › Chapter 3 - NEBRASKA COMMERCIAL FEED REGULATIONS › Section 25-3-002 - EXEMPT PRODUCTS

Current through June 17, 2024
The following commodities are exempt from the definition of
				  commercial feed, raw meat (except pet food), hay (including cubed), straw,
				  stover, silages, wet beet pulp, cobs, husks, and hulls when unground, not mixed
				  or intermixed with other materials, and not adulterated.
Nebraska Administrative Code › Topic - AGRICULTURE, DEPARTMENT OF › Title 25 - DEPARTMENT OF AGRICULTURE, BUREAU OF PLANT INDUSTRY › Chapter 3 - NEBRASKA COMMERCIAL FEED REGULATIONS › Section 25-3-003 - INSPECTION FEES

Current through June 17, 2024
003.01 Until January 1, 2022, the inspection
				fee is six cents per ton on ail commercial feed distributed in Nebraska which
				is not distributed in packages often pounds or less. The six-cent rate is due
				on the January 31, 2022 semi-annual statement that covers the period of July
				1,2021 to December 31, 2021. On and after January 1, 2022, the inspection fee
				is six and one half cents per ton on all commercial feed distributed in
				Nebraska which is not distributed in packages of ten pounds or less and is due
				on the July 31, 2022 semi-annual statement,
003.02 The annual fee for commercial feed
				distributed in packages of ten pounds or less is twenty-five dollars.
Nebraska Administrative Code › Topic - AGRICULTURE, DEPARTMENT OF › Title 25 - DEPARTMENT OF AGRICULTURE, BUREAU OF PLANT INDUSTRY › Chapter 4 - BUFFER STRIP REGULATIONS › Section 25-4-001 - Statement of Purpose

Current through June 17, 2024
The purpose of these regulations is to aid in administering
				  the Buffer Strip Act,
Neb
.
Rev
.
Stat
. §§
									2-5101 to
				  2-5111.
Nebraska Administrative Code › Topic - AGRICULTURE, DEPARTMENT OF › Title 25 - DEPARTMENT OF AGRICULTURE, BUREAU OF PLANT INDUSTRY › Chapter 4 - BUFFER STRIP REGULATIONS › Section 25-4-002 - Administration

Current through June 17, 2024
The Buffer Strip Act and these regulations shall be
				  administered by the Department of Agriculture, Bureau of Plant Industry,
				  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. The telephone number is (402) 471-2394. The Department shall make
				  available to the public, upon request, a map showing the location of buffer
				  strips in each watershed.
Nebraska Administrative Code › Topic - AGRICULTURE, DEPARTMENT OF › Title 25 - DEPARTMENT OF AGRICULTURE, BUREAU OF PLANT INDUSTRY › Chapter 4 - BUFFER STRIP REGULATIONS › Section 25-4-003 - Definitions

Current through June 17, 2024
In addition to the terms listed below, the definition of
				  terms found in the Buffer Strip Act shall apply to such terms when found in
				  these regulations:
003.01 ACT shall
				mean the Buffer Strip Act
003.02
				ADMINISTRATOR shall mean the Nebraska Department of Agriculture.
003.03 CREP shall mean the Conservation
				Reserve Enhancement Program as established under
				16
				U.S.C. 3801 et. seq.
003.04 CRP shall mean the Conservation
				Reserve Program as established under
				16
				U.S.C. 3801 et. seq.
003.05 CRP SOIL RENTAL RATE shall mean the
				soil rental rates established by the Farm Service Agency.
003.06 NRD shall mean the Natural Resources
				District which covers the area where the buffer strip application is
				located.
003.07 PERENNIAL STREAM
				shall mean solid blue line drains on USGS quadrangle maps.
003.08 PERMANENT BODY OF WATER shall mean any
				surface water body with a permanent pool of water eight out of ten
				years.
003.09 PRIORITY WATERSHED
				shall mean an eight-digit hydrologic unit code watershed identified as a
				Category 1 Watershed in the Nebraska Unified Watershed Assessment, which by
				this reference is made a part of these regulations.
003.10 SEASONAL STREAM shall mean an
				intermittent stream that flows only during a certain climatic season excluding
				gullies or sod waterways. Seasonal streams may be based on any of the following
				criteria:
003.10A Streams with perennial flow
				that are not solid blue lines on United States Geological Survey (USGS)
				quadrangle maps;
003.10B Three dot
				blue lines on USGS quadrangle maps. If the stream has been moved, the present
				location is the eligible site. If the channel or flow area is no longer present
				because of manipulation such as land leveling or filling, this criterion cannot
				be used; or,
003.10C Areas of
				concentrated flow with a bed and bank and with either a scoured bottom or
				hydrophytic vegetation.
Nebraska Administrative Code › Topic - AGRICULTURE, DEPARTMENT OF › Title 25 - DEPARTMENT OF AGRICULTURE, BUREAU OF PLANT INDUSTRY › Chapter 4 - BUFFER STRIP REGULATIONS › Section 25-4-004 - Technical Requirements

Current through June 17, 2024
004.01 All buffer strips shall conform to the
				requirements for filter strips or riparian forest buffers as set forth in
				Section IV Natural Resources Conservation Service, Field Office Technical Guide
				Conservation Practice Standards, Filter Strip, Code 393, or Riparian Forest
				Buffer, Code 391, which by this reference are hereby adopted as part of these
				regulations. Such standards shall establish the criteria for appropriate
				location of the buffer strip, width of the buffer strip, species of grass,
				forbs, trees and shrubs, seeding rates, plant spacing, other establishment
				criteria, and the operation and maintenance of buffer strips, which by this
				reference are made a part of these regulations.
004.02 Land eligible for enrollment as a
				buffer strip shall include all cropland adjacent to perennial streams, seasonal
				streams, wetlands, or permanent bodies of water. All soil types and
				classifications shall be appropriate for protection by buffer strips.
004.03 Existing filter strips and riparian
				forest buffers meeting the technical requirements of 004.01 are eligible for
				enrollment as a buffer strip except that acres for which a buffer strip, CRP or
				CREP contract was canceled prior to its expiration, must wait 2 years (24
				months) before becoming eligible for the program.
004.04 To remain eligible, land adjacent to
				the buffer strip must remain cropland.
004.05 The minimum size per application for a
				buffer strip is one (1) acre and the maximum width of any buffer strip shall be
				one hundred (100) feet unless NRCS guidelines set forth in section 004.01 above
				are greater.
Nebraska Administrative Code › Topic - AGRICULTURE, DEPARTMENT OF › Title 25 - DEPARTMENT OF AGRICULTURE, BUREAU OF PLANT INDUSTRY › Chapter 4 - BUFFER STRIP REGULATIONS › Section 25-4-005 - Application Process

Current through June 17, 2024
005.01 An application to create a buffer
				strip may be submitted to the NRD where the land is located at any time using
				the form prescribed by the Department.
005.02 All applications to create a buffer
				strip shall be reviewed according to the Buffer Strip Act and section 006 of
				these regulations.
Nebraska Administrative Code › Topic - AGRICULTURE, DEPARTMENT OF › Title 25 - DEPARTMENT OF AGRICULTURE, BUREAU OF PLANT INDUSTRY › Chapter 4 - BUFFER STRIP REGULATIONS › Section 25-4-006 - Review of Applications

Current through June 17, 2024
006.01 Applications can be received by the
				NRD any time
006.02 All
				applications submitted to the NRD shall be reviewed by the NRD to determine
				compliance with these regulations.
006.03 Applications approved by the NRD shall
				be forwarded to the Department for review within 30 days of receipt of the
				completed application.
006.04
				Following a review of all applications, the Department shall determine if
				sufficient funds exist to make payments on all applications determined to be in
				compliance with the Act and the regulations.
006.05 If sufficient funds exist to make
				payment for all applications determined to be in compliance with the Act and
				the regulations, the Department shall approve the applications and forward them
				back to the NRD within 30 days of receipt at the Department.
006.06 If sufficient funds do not exist to
				fund all applications determined to be in compliance with the Act and the
				regulations, the Department shall prioritize the applications. The
				prioritization shall be made by awarding points for that percentage of the
				buffer strip that meets the following stated criteria:
006.06A A buffer strip immediately adjacent
				to a perennial stream shall be awarded nine points.
006.06B A buffer strip immediately adjacent
				to an seasonal stream or a permanent water body of at least five acres shall be
				awarded six points.
006.06C A
				buffer strip immediately adjacent to a wetland shall be awarded five
				points.
006.06D A buffer strip
				immediately adjacent to a permanent water body smaller than five acres shall be
				awarded three points.
006.06E A
				buffer strip located in a high priority Category 1 watershed shall be awarded
				three points.
006.06F A buffer
				strip located in a medium priority Category 1 watershed shall be awarded two
				points.
006.06G A buffer strip
				located in a low priority Category 1 watershed shall be awarded one
				point.
006.06H A buffer strip for
				which the applicant has not received payment under the Act during the preceding
				five years shall be awarded one point.
Nebraska Administrative Code › Topic - AGRICULTURE, DEPARTMENT OF › Title 25 - DEPARTMENT OF AGRICULTURE, BUREAU OF PLANT INDUSTRY › Chapter 4 - BUFFER STRIP REGULATIONS › Section 25-4-007 - Buffer Strip Payments

Current through June 17, 2024
Payments for contracts entered into on or after July 18,
				  2008, shall be made as follows:
007.01
				Dryland Cropland
Individual payments to persons under the Buffer Strip Act
				  shall be based on the county CRP soil rental rate for the three predominate
				  soil types where the buffer strip is located.
007.01A On dryland cropland not enrolled in
				the CRP, CREP or any other governmentally funded program, the payment rate per
				acre shall equal 120% of the CRP soil rental plus $5, minus any payment from
				any other source. In no case may the payment from all sources exceed $250 per
				acre.
007.01B On dryland cropland
				that is, or will be, enrolled in the CRP, CREP, or any other governmentally
				funded program, the payment rate shall equal 20% of the CRP soil rental rate.
				In no case may the payment from all sources exceed $250 per acre.
Nebraska Administrative Code › Topic - AGRICULTURE, DEPARTMENT OF › Title 25 - DEPARTMENT OF AGRICULTURE, BUREAU OF PLANT INDUSTRY › Chapter 4 - BUFFER STRIP REGULATIONS › Section 25-4-008 - Contractual Requirements Between NRD and Applicant

Current through June 17, 2024
Following the acceptance of any application for buffer strip
				  reimbursement, the applicant shall enter into a contractual agreement with the
				  local NRD. Such contract shall, at a minimum, include:
008.01 The adoption of the buffer strip
				application as part of the agreement
008.02 The mailing address or financial
				institution necessary to make payments to the applicant under the
				agreement.
008.03 Establishment
				requirements, grazing, haying and operation and maintenance requirements
				according to the technical requirements set forth in section 004 of these
				regulations.
008.04 A statement
				indicating an affirmative duty on the applicant to notify the NRD if the land
				enrolled in the buffer strip also becomes enrolled in the CRP or any other
				program, or if the cropland adjacent to the buffer strip is enrolled into the
				CRP, CREP, or otherwise planted to grass or other vegetation, causing the
				adjacent field to be considered as something other than cropland.
008.05 The amount of the payment and the
				dates that it will be paid.
008.06
				A provision indicating that throughout the term of the agreement, the applicant
				shall maintain the buffer strip in accordance with the Noxious Weed Control
				Act, the Buffer Strip Act and the rules and regulations adopted and promulgated
				under it, and the provisions of the agreement.
008.07 A provision indicating that early
				cancellation of all, or a portion, of the contract may warrant a penalty not to
				exceed the total of all NRD payments received under the contract to date, plus
				25% of one year's payment, for the portion of the contract to be
				canceled.
008.08 A provision
				indicating that if the applicant fails to plant or maintain the buffer strip or
				is otherwise in violation of the agreement, all future payments under the
				agreement may be forfeited, the agreement may be canceled, and the applicant
				may be required to repay any payments previously made.
008.09 A provision indicating that if
				sufficient funds are no longer available under the program, the local NRD may,
				at its option, terminate the agreement and all future payments.
008.10 The applicant's signature and a
				certification that the information provided on the application and in the
				agreement is true and correct and that the terms and conditions of the
				agreement, including the penalty for violating the terms, are
				understood.
Nebraska Administrative Code › Topic - AGRICULTURE, DEPARTMENT OF › Title 25 - DEPARTMENT OF AGRICULTURE, BUREAU OF PLANT INDUSTRY › Chapter 4 - BUFFER STRIP REGULATIONS › Section 25-4-009 - Compliance

Current through June 17, 2024
The Department and the local NRDs shall both conduct
				  inspections to insure compliance with the terms of the agreement. All buffer
				  strips shall be inspected by the local NRDs at least once during the first
				  three years of an agreement, and at least once during the remaining term of the
				  agreement. The Department shall annually conduct spot checks for compliance
				  with the Act, the regulations, and the agreements. Any buffer strip determined
				  by the Department to be in noncompliance shall be referred to the NRD for
				  action.
Nebraska Administrative Code › Topic - AGRICULTURE, DEPARTMENT OF › Title 25 - DEPARTMENT OF AGRICULTURE, BUREAU OF PLANT INDUSTRY › Chapter 4 - BUFFER STRIP REGULATIONS › Section 25-4-010 - Administrative Costs

Current through June 17, 2024
The funds from the Buffer Strip Incentive Fund that are
				  allocated for administrative costs shall be divided annually between the
				  Department and the NRDs. The funds allocated to the NRDs shall be distributed
				  to each NRD according to the number of inspections performed pursuant to
				  section 009 of these regulations, each year. NRDs shall be reimbursed at a rate
				  of up to $40 per inspection so long as statewide NRD administrative costs shall
				  not exceed 7.5% of the total annual proceeds credited to the fund. In the event
				  that the $40 inspection payment rate would cause the total to exceed the 7.5%
				  limit for a given year, the inspection rate would be lowered accordingly, for
				  that year.
Nebraska Administrative Code › Topic - AGRICULTURE, DEPARTMENT OF › Title 25 - DEPARTMENT OF AGRICULTURE, BUREAU OF PLANT INDUSTRY › Chapter 4 - BUFFER STRIP REGULATIONS › Section 25-4-011 - Publications Adopted

Current through June 17, 2024
011.01 Natural Resources Conservation
				Service, Field Office Technical Guide Conservation Practice Standard,
Filter Strip
, Code 393, Section IV
011.02 Natural Resources Conservation
				Service, Field Office Technical Guide Conservation Practice Standard,
Riparian Forest Buffer
, Code 391, Section IV.
011.03 Nebraska Unified Watershed Assessment
				dated October 1, 1998, as developed by the Watershed and Natural Resources
				Assessment Subcommittee of the USDA-NRCS Nebraska State Technical
				Committee.
Nebraska Administrative Code › Topic - AGRICULTURE, DEPARTMENT OF › Title 25 - DEPARTMENT OF AGRICULTURE, BUREAU OF PLANT INDUSTRY › Chapter 4 - BUFFER STRIP REGULATIONS › Section 25-4-012 - Annotation

Current through June 17, 2024
Neb
.
Rev
.
Stat
. §§
									2-5101 to
				  2-5111
				  (Cum. Supp. 2006, LB 790 of 2008).
Nebraska Administrative Code › Topic - AGRICULTURE, DEPARTMENT OF › Title 25 - DEPARTMENT OF AGRICULTURE, BUREAU OF PLANT INDUSTRY › Chapter 6 - COMMERCIAL FERTILIZER AND SOIL CONDITIONER INSPECTION FEES › Section 25-6-001 - Purpose

Current through June 17, 2024
The purposes of this rule are to fix the inspection fees on
				  commercial fertilizers and soil conditioners distributed in Nebraska, as
				  authorized by
Neb
.
Rev
.
Stat
. §
									81-2,162.06.
Nebraska Administrative Code › Topic - AGRICULTURE, DEPARTMENT OF › Title 25 - DEPARTMENT OF AGRICULTURE, BUREAU OF PLANT INDUSTRY › Chapter 6 - COMMERCIAL FERTILIZER AND SOIL CONDITIONER INSPECTION FEES › Section 25-6-002 - Commercial Fertilizers and Soil Conditioners

Current through June 17, 2024
There shall be paid to the Director of Agriculture for all
				  commercial fertilizers and soil conditioners distributed in Nebraska to the
				  ultimate user an inspection fee at the rate of ten cents (10¢) per
				  ton.
Nebraska Administrative Code › Topic - AGRICULTURE, DEPARTMENT OF › Title 25 - DEPARTMENT OF AGRICULTURE, BUREAU OF PLANT INDUSTRY › Chapter 6 - COMMERCIAL FERTILIZER AND SOIL CONDITIONER INSPECTION FEES › Section 25-6-003 - Effective Date

Current through June 17, 2024
The fees fixed under 25 NAC
				  6-002 above, shall apply to all
				  products distributed on and after January 1, 1982, which fees shall be due on
				  and after July 31, 1982.
Nebraska Administrative Code › Topic - AGRICULTURE, DEPARTMENT OF › Title 25 - DEPARTMENT OF AGRICULTURE, BUREAU OF PLANT INDUSTRY › Chapter 6 - COMMERCIAL FERTILIZER AND SOIL CONDITIONER INSPECTION FEES › Section 25-6-004 - Annotation

Current through June 17, 2024
Neb
.
Rev
.
Stat
. §§
									81-2,162.01
				  to
				  81-2,162.27.
Nebraska Administrative Code › Topic - AGRICULTURE, DEPARTMENT OF › Title 25 - DEPARTMENT OF AGRICULTURE, BUREAU OF PLANT INDUSTRY › Chapter 7 - NEBRASKA SEED LAW REGULATIONS › Section 25-7-001 - Other Crop Seeds

Current through June 17, 2024
Different varieties of the same kind of seed, when present in
				  quantities of less than five percent, will be considered as "other crop
				  seed."
Nebraska Administrative Code › Topic - AGRICULTURE, DEPARTMENT OF › Title 25 - DEPARTMENT OF AGRICULTURE, BUREAU OF PLANT INDUSTRY › Chapter 7 - NEBRASKA SEED LAW REGULATIONS › Section 25-7-002 - Grower Declaration

Current through June 17, 2024
No agricultural, vegetable, or flower seed which is incapable
				  of being identified by common seed characteristic or which is incorrectly
				  represented as to kind, variety or origin may be sold unless said seed is
				  accompanied by invoice, grower's declaration or suitable labeling information
				  which will insure the identity to be stated. The grower's declaration, if used,
				  shall be of a form to show the above information.
Nebraska Administrative Code › Topic - AGRICULTURE, DEPARTMENT OF › Title 25 - DEPARTMENT OF AGRICULTURE, BUREAU OF PLANT INDUSTRY › Chapter 7 - NEBRASKA SEED LAW REGULATIONS › Section 25-7-005 - Time Period for Germination Tests

Current through June 17, 2024
005.01 New germination tests on seed
				described in section
				81-2,
				147.02(5)(l) of the
				Nebraska Seed Law shall be tested each fifteen months. All other new
				germination tests on agricultural, vegetable, or flower seed shall be obtained
				on carry-over seed each nine months, except for those seeds as listed in 005.02
				which shall be tested each twelve months, and hermetically sealed seed which
				shall be retested for germination after thirty-six months. For purpose of
				enforcement of this regulation, the date of the germination test on the label
				or tag shall be binding upon any person in possession of agricultural or
				vegetable seed. Following retesting, all seed shall be relabeled to reflect the
				new germination tests of the seed. The following information shall appear on a
				label for relabeling seeds in their original containers:
(a) the calendar month and year the test was
				completed to determine such percentage;
(b) the same lot designation as on the
				original labels;
(c) the identity
				of the labeling person if such person is different from the original
				labeler.
Nebraska Administrative Code › Topic - AGRICULTURE, DEPARTMENT OF › Title 25 - DEPARTMENT OF AGRICULTURE, BUREAU OF PLANT INDUSTRY › Chapter 7 - NEBRASKA SEED LAW REGULATIONS › Section 25-7-006 - Enforcement Orders

Current through June 17, 2024
Three enforcement orders to be used in administering the
				  provisions of the law and this rule shall be stop sale orders, relabel to
				  comply orders, and minor violation warning orders. A description of the
				  utilization of each order follows:
006.01 Stop sale orders shall be issued with
				respect to the following:
006.01A Products
				found to be outside of tolerance with respect to germination.
006.01B Products found to be outside of
				tolerance with respect to weed seed and Nebraska noxious weed seed.
006.01C Products, found to be double or more
				out of, tolerance with respect to pure seed, crop seed, inert matter, or
				coating material.
006.01D Products
				found to bear an expired test date, date of expiration, sell by, or year packed
				for date,
006.01E Products found to
				be outside of tolerance with respect to Pure Live Seed (PLS).
006.01F Products labeled by a person in
				violation of, not labeled in accordance with, or products causing any person to
				be in violation of the Nebraska Seed Law.
Nebraska Administrative Code › Topic - AGRICULTURE, DEPARTMENT OF › Title 25 - DEPARTMENT OF AGRICULTURE, BUREAU OF PLANT INDUSTRY › Chapter 7 - NEBRASKA SEED LAW REGULATIONS › Section 25-7-007 - Bulk Labeling Requirements

Current through June 17, 2024
When agricultural, vegetable, or flower seed is sold in bulk
				  or sold from bulk bins or containers, the seller may supply the purchaser with
				  a printed or written statement in lieu of the attached label or tag. In
				  addition, the printed or written statement shall contain all the required
				  labeling information and caution or process statements required by the Nebraska
				  Seed Law and these regulations promulgated thereunder. In such cases, the
				  seller's liability for labeling and tagging shall cease upon delivery of the
				  seed and written statement.
Nebraska Administrative Code › Topic - AGRICULTURE, DEPARTMENT OF › Title 25 - DEPARTMENT OF AGRICULTURE, BUREAU OF PLANT INDUSTRY › Chapter 7 - NEBRASKA SEED LAW REGULATIONS › Section 25-7-008 - Adopt Rules for Testing Seeds

Current through June 17, 2024
The official methods and tolerances adopted by the
				  Association of Official Seed Analysts, entitled "Rules for Testing Seeds",
				  which includes the Seedling Evaluation Handbook and the Uniform Classification
				  of Weed and Crop Seeds and the methods of inspecting, handling and sampling of
				  all seeds as published by the Association of American Seed Control Officials in
				  the "Handbook on Seed Sampling", provided such publications are not in conflict
				  with the Nebraska Seed Law, shall be the official methods and tolerances of the
				  Nebraska Department of Agriculture for the methods of inspecting, handling and
				  sampling all seeds, the methods of examining, analyzing and testing seed
				  samples in the laboratory and the methods of computing tolerances of purity
				  analyses, germination tests, tetrazolium (TZ) test, and Pure Live Seed (PLS)
				  and rates of occurrence of noxious weed seeds. Section 5.5 of the Rules for
				  Testing Seeds shall be utilized when computing tolerances for percentages of
				  Pure Live Seed (PLS) and tetrazolium (TZ). A copy of these publications are
				  attached hereto as Appendix A and incorporated herein by reference and are
				  hereby adopted and promulgated and may be used.
Nebraska Administrative Code › Topic - AGRICULTURE, DEPARTMENT OF › Title 25 - DEPARTMENT OF AGRICULTURE, BUREAU OF PLANT INDUSTRY › Chapter 7 - NEBRASKA SEED LAW REGULATIONS › Section 25-7-009 - Noxious Weed Seed Labeling

Current through June 17, 2024
In all sampling conducted by the laboratory, the official
				  report shall include the seed of globe-podded hoary cress (Hymenophysa
				  pubescens), lens-podded hoary cress (Lepidium draba var. repens), all bursage
				  (Ambrosia species), and all morning glory (Ipomea species when found in field
				  crop seed) within the definition of prohibited noxious weed seed and the
				  classification shall be as prohibited noxious weed seed. In addition, the
				  following interpretation shall be used:
009.01 The term "dodder" (Cuscuta spp.) shall
				be q-nterpreted as seed of all species of dodder, when found in agricultural
				seeds.
009.02 The term "wild
				mustard" (Brassica spp.) shall be interpreted as Indian mustard (Brassica
				Juncea), Charlock (Brassica arvensis), black mustard (Brassica nigra), bird
				rape (Brassica campestris) and all other members of the wild mustard (Brassica)
				species when occurring incidentally in agricultural seeds.
009.03 The term "dock" (Rumex spp.) shall be
				interpreted as curled dock (Rumex crispus), smoothleaf dock (Rumex altissimus),
				winged dock (Rumex venosus), red sorrel (Rumex acetocells), and seed of all
				other members of the dock (Rumex), species which may incidentally occur in
				agricultural seeds.
Nebraska Administrative Code › Topic - AGRICULTURE, DEPARTMENT OF › Title 25 - DEPARTMENT OF AGRICULTURE, BUREAU OF PLANT INDUSTRY › Chapter 7 - NEBRASKA SEED LAW REGULATIONS › Section 25-7-010 - Labeling of Seeds as Percentage of Pure Live Seed

Current through June 17, 2024
The following kinds of agricultural seed may be labeled as to
				  the percentage of Pure Live Seed (PLS) as prescribed in section
				  81-2,147.02(9):
Bluestem, Big
Sandreed, Prairie
Bluestem, Little
Switchgrass
Bluestem, Sand
Wheatgrass, Crested
Bluestem, Yellow
Wheatgrass, Beardless
Dropseed, Sand
Wheatgrass, var. Intermediate or var.
								Pubescent
Buffalograss
Wheatgrass, Slender
Grama, Blue
Wheatgrass, Streambank
Grama, Sideoats
Wheatgrass, Tall
Indiangrass
Wheatgrass, Thickspike
Lovegrass, Sand
Wheatgrass, Western
Needlegrass, Green
Sandreed, Prairie
Ricegrass, Indian
Switchgrass
Nebraska Administrative Code › Topic - AGRICULTURE, DEPARTMENT OF › Title 25 - DEPARTMENT OF AGRICULTURE, BUREAU OF PLANT INDUSTRY › Chapter 7 - NEBRASKA SEED LAW REGULATIONS › Section 25-7-011 - Seeds Labeled Variety Not Stated

Current through June 17, 2024
The following kinds of agricultural seeds are generally
				  labeled as to variety and shall be labeled to show the variety name or the
				  words "Variety Not Stated," or "VNS":
Alfalfa
Millet, Proso
Bahiagrass
Oat
Barley
Pea, field
Bean, field
Peanut
Beet, field
Rape
Brome, Smooth
Rice
Broomcorn
Rye
Clover, crimson
Safflower
Clover, red
Sorghum
Clover, white
Sorghum-Sudangrass
Corn, field
Hybrid
Corn, pop
Soybean
Cotton
Sudangrass
Cowpea
Sunflower
Crambe
Tobacco
Fescue, Tall
Trefoil, birdsfoot
Flax
Triticale
Lespedeza, striate
Wheat, common
Millet, foxtail
Wheat, durum
Millet, Pearl
When two or more varieties are present in excess of five per
				  cent (5%) and are named on the label, the names of each variety in excess of
				  five percent (5%) shall be accompanied by the percentage of
				  each.
Nebraska Administrative Code › Topic - AGRICULTURE, DEPARTMENT OF › Title 25 - DEPARTMENT OF AGRICULTURE, BUREAU OF PLANT INDUSTRY › Chapter 7 - NEBRASKA SEED LAW REGULATIONS › Section 25-7-013 - Seed Allowing 4% Weed Seed

Current through June 17, 2024
The following kinds of agricultural seeds may not contain
				  more than four percent (4%) by weight of weed seed of which not more than
				  one-half of one percent of 1%) may be restricted noxious weed seed as
				  prescribed in section
				  81-2,147.03(1)(f).
				  No mixture of any such seed may qualify for this exemption unless the total
				  pure seed by weight of the seeds listed in this section is greater than 50% of
				  the total pure seed by weight:
Bluestem, Big
Bluestem, Little
Bluestem, Sand
Bluestem, Yellow
Grama, Blue
Grama, Sideoats
Indiangrass
Sandreed, Prairie
Nebraska Administrative Code › Topic - AGRICULTURE, DEPARTMENT OF › Title 25 - DEPARTMENT OF AGRICULTURE, BUREAU OF PLANT INDUSTRY › Chapter 7 - NEBRASKA SEED LAW REGULATIONS › Section 25-7-014 - Definition of Terms

Current through June 17, 2024
014.01 The definitions of terms contained in
				the Nebraska Seed Law shall apply to such terms when used in these
				regulations.
014.02 The definitions
				listed in the Official Definitions adopted and published by the Association of
				American Seed Control Officials attached hereto as Appendix B incorporated
				herein by reference, which do not conflict with the Nebraska Seed Law, shall
				apply to such terms when used in these regulations.
014.03 Nebraska noxious weed means weeds from
				primary noxious weed seeds, prohibited noxious weed seeds, and restricted
				noxious weed seeds.
014.04
				Tolerance means on allowance that variation may reasonably be expected in
				results obtained from different laboratory analysis tests of the same lot of
				seed. Tolerances are applied when comparing one laboratory analysis test result
				with another or to a seed analysis label statement or claim. They are for the
				protection for the seed labeler and shall not be used to show higher quality on
				the label than is indicated by an actual laboratory test.
Nebraska Administrative Code › Topic - AGRICULTURE, DEPARTMENT OF › Title 25 - DEPARTMENT OF AGRICULTURE, BUREAU OF PLANT INDUSTRY › Chapter 7 - NEBRASKA SEED LAW REGULATIONS › Section 25-7-015 - Administration

Current through June 17, 2024
These regulations shall be administered by the Department of
				  Agriculture, located in the State Office Building, Fourth Floor, 3ol Centennial
				  Mall South, Lincoln, Nebraska. The mailing address is P.O. Box 94756, Lincoln,
				  Nebraska
				  68509-4756. The telephone number
				  is (402)
				  471-2351.
Nebraska Administrative Code › Topic - AGRICULTURE, DEPARTMENT OF › Title 25 - DEPARTMENT OF AGRICULTURE, BUREAU OF PLANT INDUSTRY › Chapter 7 - NEBRASKA SEED LAW REGULATIONS › Section 25-7-017 - Annotation

Current through June 17, 2024
Neb
.
Rev
.
Stat
. §§
									81-2,147 to
				  81-2,147.12.
Nebraska Administrative Code › Topic - AGRICULTURE, DEPARTMENT OF › Title 25 - DEPARTMENT OF AGRICULTURE, BUREAU OF PLANT INDUSTRY › Chapter 10 - NOXIOUS WEED REGULATIONS › Section 25-10-001 - Definitions

Current through June 17, 2024
001.01 Act means the Noxious Weed Control Act
				and these regulations.
001.02
				Noxious weed means the plant, seed, or seedlings of the following weeds hereby
				officially designated as noxious: Canada thistle - Cirsium arvense (L.) Scop.;
				leafy spurge - Euphorbia esula L.; musk thistle - Carduus nutans L; plumeless
				thistle - Carduus acanthoides L: knapweed (spotted and diffuse) - Centaurea
				(maculosa Lam. and diffusa Lam.); Purple Loosestrife -Lythrum salicaria L. and
				L.virqatum (including any cultivars and hybrids) saltcedar - Tamarix
				ramosissima Ledeb; Japanese knotweed
(Fallopia japonica
including all cultivars and hybrids); andgiant knotweed
(Fallopia
				sachalinenis
including all cultivars and hybrids); sericea lespedeza
(Lespedeza cuneate G. Don)
and phragmites australis.
				subspecies australis, except phragmites fully contained in an existing waste
				water treatment system already using phragmites australis which is operated by
				a political subdivision. To remain exempted from this list, phragmites
				australis used in a treatment system may be replanted but ail phragmites
				australis must be disposed of in a manner which renders them incapable of
				dissemination. Noxious weed shall mean the plant, seed, or seedlings of such
				weeds.
001.03 Pesticide Act means
				the Nebraska Pesticide Act.
Nebraska Administrative Code › Topic - AGRICULTURE, DEPARTMENT OF › Title 25 - DEPARTMENT OF AGRICULTURE, BUREAU OF PLANT INDUSTRY › Chapter 10 - NOXIOUS WEED REGULATIONS › Section 25-10-002 - Control of Noxious Weeds

Current through June 17, 2024
002.01 The noxious
				weed control period is when noxious weeds are actively growing.
002.02 The following methods of controlling
				noxious weeds are approved if performed at such frequency to prevent the spread
				of noxious weeds, and have the approval of the control authority.
002.02A Mechanical noxious weed control
				methods include mowing, chopping, digging, shredding, and tillage.
002.02B Crop management weed control methods
				include crop rotation and crop competition.
002.02C Herbicide methods may only be used in
				accordance with the Pesticide Act and applied at a rate in compliance with
				label directions for effective use.
002.02D Biological methods, including the use
				of livestock, predators, pathogens, and parasites when as effective as the use
				of herbicides, and approved by the control authority may be
				used.