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 25-13-011 - Agreements for Compliance with Quarantines (Other than European Corn Borer Quarantines) Maintained in Other States

Current through June 17, 2024
011.01 Inspection of plants, plant products,
				associated materials, facilities, or equipment, the issuance of compliance
				agreements and the fees associated with the compliance of plant pest
				quarantines (other than European corn borer quarantines) of other states are
				authorized in
Neb
.
Rev
.
Stat
. §§
									2-1091
				and
				2-10,110
				of the Act.
011.01A The Department may enter
				into compliance agreements with any person or facility in order to meet the
				certification requirements of the receiving state. A compliance agreement shall
				be valid for one year unless revoked sooner.
011.01B The Department shall conduct
				phytosanitary inspections upon initial request to enter into a compliance
				agreement, to determine if the certification requirements of the receiving
				state can be met. After initial issuance of a compliance agreement, periodic
				phytosanitary inspections shall be conducted, to confirm the requirements of
				the compliance agreement continue to be met.
011.01C When conducting phytosanitary
				inspections, the Department shall be guided by the certification requirements
				of the destination states. The Department shall notify firms under compliance
				agreement if a destination state's quarantine requirements change.
011.01D An applicant shall submit a completed
				application provided by the Department, accompanied by the appropriate fee. 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.
011.01D1 An annual
				compliance agreement fee of $50 per compliance agreement shall be assessed and
				is due upon application or renewal.
011.01D2 The Department shall assess fees to
				cover the costs of compliance agreement phytosanitary inspection work,
				including mileage and inspection time.
011.01D2a Mileage charge - $ 0.42 per mile
011.01D2b Inspection Time - $
				24.00 per hour
011.01D2c
				Inspection time shall include driving time to and from the location in addition
				time spent conducting the compliance agreement phytosanitary inspection work.
011.01D3 Any fee
				charged to the Department by a laboratory for diagnostic services or any
				shipping costs related to compliance agreement phytosanitary inspection work
				shall be paid by the applicant.
011.01E The Department shall refuse the
				issuance of, or immediately revoke, a compliance agreement for any of the
				following reasons:
011.01E1 Failure of the
				plants or plant products to meet quarantine requirements or regulations, or
				other phytosanitary measures imposed by the state for which the compliance
				agreement is being requested.
011.01E2 Failure to completely or accurately
				provide to the Department the information requested on the application form, or
				other required written documentation and information as needed in order to
				determine if the product meets the entry requirements of the receiving state.
011.01E3 Failure to follow the
				terms of the compliance agreement. This includes not shipping the exact plants
				or plant products which were certified under the compliance agreement
011.01E4 Failure to pay any fees
				or costs due the Department.