Neb. Admin. Code tit. 25 — Bureau of Plant Industry

Chapter 1 Nebraska Apiary Act Regulations

Neb. Admin. Code tit. 25, ch. 1 Nebraska Apiary Act Regulations {#sec-25-nac-1 omnilex-key=us-ne-regs-official--title-25--25 NAC 1}

001 Definitions

001.01 The definitions of terms contained in the Nebraska Apiary Act shall apply to such terms when used in these regulations.

001.02 Africanized honey bees shall mean Apis mellifera scutellata.

001.03 Alcohol shake shall mean a detection method for Varroa mites where approximately 400 bees are collected in a glass jar and treated with alcohol to dislodge any mites present.

001.04 Ether roll shall mean a detection method for Varroa mites where approximately 400 bees are collected in a glass jar and treated with ether to dislodge any mites present.

001.05 Varroa mites shall mean Varroa jacobsoni.

002 Certification by the Department . A person owning or in charge of an apiary shall not receive a certificate from the Department to move or sell such apiary or any part thereof, unless such person has paid all appropriate fees as set out in 25 NAC 1-004 and his or her apiary is apparently free from infectious or contagious bee diseases, parasites, or pests.

002.01 An apiary is apparently free of American foulbrood as follows:

002.01A An apiary shall be immediately deemed to be apparently free of American foulbrood if less than 3% of the colonies in the apiary are infected with American foulbrood provided that the owner or person in charge removes any infected colonies from the apiary.

002.01B An apiary shall be deemed to be apparently free of American foulbrood if more than 3% of the colonies in the apiary are infected with American foulbrood, provided that:

002.01B1 The apiary is not moved for at least 30 days;

002.01B2 All American foulbrood infected colonies are removed from the apiary;

002.01B3 Treatment measures have been taken; and,

002.01B4 The Department has reinspected and released the apiary.

002.02 An apiary is apparently free of Varroa mites as follows:

002.02A The owner or person in charge of the apiary has placed an EPA approved acaricide in the colonies to control any Varroa mites present prior to the Department's inspection.

002.02B Ether roll or alcohol shake methods done by the Department indicate Varroa mites are not present in the apiary.

002.03 An apiary is apparently free of Africanized honey bees if the bees in the apiary are the descendants of breeding stock which is certified as European stock. Breeding stock certification shall be done by the Fast Africanized Bee Identification System.

003 Certificate Fee .

003.01 All persons must request a certificate as provided for in sections 81-2,172 and 81-2,173 of the act.

003.02 Prior to the issuance of a certificate, there shall be paid to the Department a certificate fee, to be paid in the following amounts:

003.02A $150 for the inspection of 1 to 250 colonies;

003.02B $200 for the inspection of 251 to 500 colonies;

003.02C $300 for the inspection of 501 to 1,000 colonies; and,

003.02D $400 for the inspection of more than 1,000 colonies.

004 Annotation Neb. Rev. Stat. Sections 81-2,165 to 81-2,180 (Reissue 2008).

History

• Effective 2012-08-25

Chapter 2 Pesticide Regulations

Neb. Admin. Code tit. 25, ch. 2 Pesticide Regulations {#sec-25-nac-2 omnilex-key=us-ne-regs-official--title-25--25 NAC 2}

001 Statement of Purpose . The purpose of these regulations is to aid in the administration of the Pesticide Act, Neb. Rev. Stat. §§2-2622 to 2-2659.

002 Administration . These regulations are administered by the Department of Agriculture located in the State Office Building, Fourth Floor, 301 Centennial Mali South, Lincoln, Nebraska. The mailing address is P.O. Box 94756, Lincoln, Nebraska 68509-4756. The telephone number is (402)471-2351.

003 Definitions . 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.

004 Federal Certification Regulations . 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.

005 Standards for Pesticide Applicators .

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.

005.02B Specific Standards of Competency. Competency standards for commercial and noncommercial applicators include a demonstration of competence in the application and handling of pesticides specific to their certification on the basis of a written examination, and as appropriate, performance testing prior to initial certification. Standards for determination of competency in each category are as set by the federal certification regulations and as follows.

005.02B(1) Sewer Use of Metam Sodium. Competency standards include demonstration of practical knowledge of the secondary effects of metam sodium on downstream water bodies (streams, rivers, ponds, and groundwater) and lateral and upstream residential and nonresidential sewer connections; the importance and use of personal protective equipment; and the proper measurement, calibration, and application of metam sodium.

005.02B(2) Wood Destroying Organisms (excluding structural fumigation). Competency standards include demonstration of practical knowledge of structural wood destroying organisms, appropriate application equipment, procedures including rodding and trenching, topical application of pesticides, and local injection of specially labeled wood treatments in infested wood, new control technology, environmental and health hazards associated with the use application wood destroying pest control pesticides, and the appropriate measures to be taken to reduce exposure to humans and pets residing in the infested structure.

005.02B(3) Wood preservation. Competency standards include demonstration of practical knowledge of: conditions for which a wood preservative is used; all applicable treating and testing equipment; methods of applying wood preservatives and factors influencing their effectiveness; potential hazards to human health and the environment, including safety procedures and equipment to minimize exposure and first aid in the event of accidents; waste disposal as well as proper handling of spills, and the need for informing purchasers of treated wood products of the precautions they should take for handling, use, and disposal of treated wood products.

005.02B(4) Wildlife Damage Control. Competency standards include demonstration of practical knowledge of protected and unprotected vertebrate pests; applicable laws and regulations protecting pests and vertebrates; methods of control of pest animals; and the potential effects of such control on humans, non-target organisms, and the environment methods of monitoring target sites for non-target animals, creating and following transect monitoring protocols and alerting the proper authorities when non-target animals are impacted by the control program.

005.02C Continuing education units (CEUs) may be used as a method of recertification for commercial and noncommercial applicators. Partial CEU credit may be provided by the department to applicators for those approved educational programs that satisfy a portion of the required recertification topics when such education programs are received prior to the expiration of the certified applicators' license. CEUs may be available for recertification on programs offered or sponsored by the University, trade organizations, associations, and commercial enterprises. All CEU programs must be approved in advance by the department and are subject to the availability of resources the department has to monitor such programs. CEU providers will submit to the department, sixty days prior to the CEU event, a detailed agenda, list and qualifications of speakers, and related certification categories.

005.03 Private Applicators. Private applicators who intend to apply restricted-use pesticides by fixed or rotary wing aircraft in the production of or in support of the production of agricultural commodities will meet the same standards of competency and be licensed as a commercial or noncommercial applicator in order to be certified.

005.03A Categories for Private Applicators. Except for the sodium cyanide predator control and sodium fluoroacetate predator control categories, private applicators may elect to be trained and certified according to the categories set out in the federal certification regulations.

005.03B Standards of Competency. Competency standards for private applicators include a demonstration of competence in the application and handling of pesticides specific to their certification. Standards for determination of competency in each category are as set by the federal certification regulations.

005.04 Noncertified Applicators and Handlers. The minimum standard for noncertified applicators and their supervising certified applicators is that they meet the requirements set forth in §2-2642 and §2-2643 of the Act including all applicable requirements of the federal certification regulations. The minimum standard for handlers and their supervising certified applicators is that they meet all applicable requirements of the federal certification regulations.

005.04A Adequate supervision by voice or electronic method includes any form of communication in standard use that can adequately summon the supervising licensed certified applicator to the site of application and provide for a two-way conversation.

005.04B The reasonable period of time that it would take the supervising licensed certified applicator to be physically at the application site is three hours, starting at the time the supervising applicator is contacted by the noncertified applicator and ending when the supervising applicator arrives on the site.

005.05 Training, Testing and Application Requirements.

005.05A Under an executive order issued by the Governor of Nebraska, the department has been directed to offer military personnel who were serving active duty during the period of time they would have otherwise renewed their applicator certification, a one year extension on the license. The department requires credible evidence from the applicant to verify their military active duty status.

005.05B Any person attending recertification training will be required to attend the entire training program, and if a department proctor determines the applicant is spending too much time outside of the meeting, the department proctor is authorized to dismiss the person from the training session.

005.05C All electronic communication devices are to be turned off during the training and/or testing session. Personal calculators are allowed in testing sessions so long as they are not also able to communicate with other devices outside of the testing session. Persons attending training or testing will be allowed to use electronic communication devices during breaks if they turn off the device upon re-entering the training or testing room.

005.05D Any person determined or suspected of cheating by the department's proctor while taking an examination will be asked to terminate the test session and return at a later date to retake the examination. Repeat offenses may result in the department barring the applicant from future examinations, thus preventing the applicant from obtaining a license. Cheating on an examination includes, but is not limited to: using electronic devices to communicate with other individuals or devices, using study materials during the examination, communicating with other testers in the test session by any means, exchanging examination booklets with other testers, using a copied or stolen examination booklet before or during the examination, photocopying, photographing, or otherwise duplicating the test booklet in whole or in part, or using any other method intended to defeat the purpose of testing the personal knowledge and competence of the applicant to apply pesticides. Any discovery by the department that applicants for a pesticide applicator license are using or have used electronic devices (other than calculators) to aid in completing the examinations will be required to surrender such device to the department proctor, and could potentially be dismissed from the testing session. The department proctor will return such device to the applicant upon completion of the examination.

006 Record Keeping .

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.

006.02 Sufficient record keeping for commercial and noncommercial applicators includes all of the following information on the application of restricted-use pesticides within 48 hours of the application and keeping the records for a minimum of three years following the date of the application at their principal place of business. For commercial applicators applying structural pest control pesticides sufficient record keeping includes the following information on all general use pesticide applications made for those purposes. Additionally, it is recommended that commercial applicators applying general use pesticides also keep such records. Such records are to be provided to the customer or person contracting for the application, on their request, within four business days of the request.

006.02A Name and address of the person for whom the pesticide was applied.

006.02B Name and certified applicator license number of person making the application. When a noncertified applicator makes the application, include both the noncertified and supervising licensed applicator information.

006.02C Location of the pesticide application. 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:

006.02C(1) County, range, township, and section;

006.02C(2) An identification system utilizing maps or written descriptions which accurately identifies location, such as global positioning system locators;

006.02C(3) An identification system established by a USDA agency which utilizes maps and a numbering system to identify field locations; or

006.02C(4) The legal property description.

006.02D Site, crop, commodity or stored product of application.

006.02E Day, month, and year of application. 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.

006.02F Initial starting time of application.

006.02G Product name and EPA registration number of the pesticide applied.

006.02H Total amount of pesticide applied to site per application.

006.02I Size of area treated, i.e., acres, cubic feet, square feet, linear feet, crack and crevice, trap or bait placement, or spot treatment.

006.03 Dealers. Record keeping for each person who distributes restricted-use pesticides in the state is sufficient if it is completed within two working days of the transaction, is a record of each transaction involving a restricted-use pesticide, is kept for a period of 36 months from the date of the transaction and includes the following information:

006.03A The name and address (residence or principal place of business) of the person to whom the restricted-use pesticide is made available. No dealer may make a restricted-use pesticide available to an uncertified person unless he or she can document that the distribution is to a licensed dealer or the restricted-use pesticide will be applied by a certified applicator with a current and correct category license for the pesticide. Such documentation includes all information required in subsections (B) and (C) below.

006.03B The name and address (residence or principal place of business) of the certified applicator or dealer who will apply the restricted-use pesticide if different from paragraph 006.03A above;

006.03C The license number of a certified applicator or dealer, the state or other governmental entity that issued the certification document, the expiration date of the certification or license and the categories in which the applicator is certified if appropriate;

006.03D The product name, EPA registration number, and the special local need registration number, if any, on the label of the pesticide;

006.03E The quantity of the pesticide involved in the transaction; and

006.03F The date of the transaction.

007 Fines and Penalties . 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.

007.01B A violation of 2-2646(2):

007.01B(1) Base fine for a first violation is $1,000.

007.01B(2) Base fine for a subsequent violation is $3,000.

007.01C A violation of 2-2646(3):

007.01C(1) Base fine for a first violation is $1,000.

007.01C(2) Base fine for a subsequent violation is $4,000.

007.01D A violation of 2-2646(4) or (5):

007.01D(1) Base fine for a first violation is $2,500.

007.01D(2) Base fine for a subsequent violation is $5,000.

007.01E A violation of 2-2646(6):

007.01E(1) Base fine for a first violation is $1,000.

007.01E(2) Base fine for a subsequent violation is $2,000.

007.01F A violation of 2-2646(7):

007.01F(1) Base fine for a first violation is $4,000.

007.01F(2) Base fine for a subsequent violation is $5,000.

007.01G A violation of 2-2646(8):

007.01G(1) Base fine for a first violation is $1,000.

007.01G(2) Base fine for a subsequent violation is $2,000.

007.01H A violation of 2-2646(9):

007.01H(1) Base fine for a first violation is $1,000.

007.01H(2) Base fine for a subsequent violation is $2.000.

007.01I A violation of 2-2646(10):

007.01I(1) Base fine for a first violation is $5,000.

007.01I(2) Base fine for a subsequent violation is $5,000.

007.01J A violation of 2-2646(11):

007.01J(1) Base fine for a first violation is $1,000.

007.01J(2) Base fine for a subsequent violation is $2,000.

007.01K A violation of 2-2646(12):

007.01K(l) Base fine for a first violation is $1,000.

007.01K(2) Base fine for a subsequent violation is $2,000.

007.01L A violation of 2-2646(13):

007.01L(1) Base fine for a first violation is $2,000.

007.01L(2) Base fine for a subsequent violation is $5,000.

007.01M A violation of 2-2646(14):

007.01M(1) Base fine for a first violation is $1,000.

007.01M(2) Base fine for a subsequent violation is $5,000.

007.01N A violation of 2-2646(15):

007.01N(1) Base fine for a first violation is $1,000.

007.01N(2) Base fine for a subsequent violation is $4,000.

007.01O A violation of 2-2646(16):

007.01O(1) Base fine for a first violation is $2,000.

007.01O(2) Base fine for a subsequent violation is $5,000.

007.01P A violation of 2-2646(17):

007.01P(1) Base fine for a first violation is $2,000.

007.01P(2) Base fine for a subsequent violation is $5,000.

007.01Q A violation of 2-2646(18).

007.01Q(1) Base fine for a first violation is $2,000.

007.01Q(2) Base fine for a subsequent violation is $5,000.

007.01R A violation of 2-2646(19) or (20):

007.01R(1) Base fine for a first violation is $2,000.

007.01R(2) Base fine for a subsequent violation is $5,000.

007.01S To violate any other provision of the act.

007.01S(1) Base fine for a first violation is $1,000.

007.01S(2) Base fine for a subsequent violation is $2,000.

007.02 Gravity adjustment criteria. The base administrative fine may be changed by considering the gravity of harm of the violation and the gravity of misconduct of the person committing the violation. The specific numerical value will be assigned to each category as set forth in the following charts:

007.02A Gravity of harm.

007.02B Gravity of misconduct.

007.02C To determine the total gravity value, the base fine is adjusted based on the total number of points calculated from 007.02A and 007.02B above and multiplying it by the gravity adjustment values.

Adjustments for Gravity

007.03 To determine the actual administrative fine, the fine as determined in 007.02C above is multiplied by the appropriate value corresponding with the size of business criteria set forth below. In determining the amount of any fine, there is a rebuttal presumption that the gross revenue from all sources of any violator is over $800,000.

Size of Business Criteria

007.04 Nothing in these regulations prevent the department from entering into a settlement agreement with any person violating the Pesticide Act or the rules and regulations adopted and promulgated under it which specifies a different fine or penalty than specified in the act or regulation.

008 Worker Protection Standards (Arid REI extension) . 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:

009 Emergency Exemption Permit .

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 al! distributions of the pesticide within 60 days following the end of the season or expiration of the permit.

009.06 Notification. Any person that is aware of any adverse affects resulting from the pesticide is to report such information to the department.

010 Annotation . Neb. Rev. Stat §§2-2622 to 2-2659.

History

• Effective 2021-01-30

Chapter 3 Nebraska Commercial Feed Regulations

Neb. Admin. Code tit. 25, ch. 3 Nebraska Commercial Feed Regulations {#sec-25-nac-3 omnilex-key=us-ne-regs-official--title-25--25 NAC 3}

001 ADOPTION BY REFERENCE

001.01 21 CFR Part1, §§1.20-1.23, Subparts L, M, and O; Part 7, Subparts A and C; Part 70, 70.20-70.25; Part 73, §§73.1-73.615; 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 department's website at https://nda.nebraska.gov/regulations.

001.02 The official feed terms, official and tentative definitions of feed ingredients in chapter six 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.

002 EXEMPT PRODUCTS 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.

003 INSPECTION FEES .

003.01 Until January 1, 2026, 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. The six and one-half cent rate is due on the January 31, 2026 semi-annual statement that covers the period of July 1, 2025 to December 31, 2025. On and after January 1, 2026, the inspection fee is fifteen cents per ton on all commercial feed distributed in Nebraska which is not distributed in packages often pounds or less and is due on the July 31, 2026 semi-annual statement.

003.02 The annual fee for commercial feed distributed in packages often pounds or less is twenty-five dollars.

004 ADMINISTRATION . These regulations are administered by the Nebraska Department of Agriculture.

005 ANNOTATION . Neb. Rev. Stat. §§54-847 to 54-863.

History

• Effective 2026-01-03

Chapter 4 Buffer Strip Regulations

Neb. Admin. Code tit. 25, ch. 4 Buffer Strip Regulations {#sec-25-nac-4 omnilex-key=us-ne-regs-official--title-25--25 NAC 4}

001 Statement of Purpose . The purpose of these regulations is to aid in administering the Buffer Strip Act, Neb. Rev. Stat. §§2-5101 to 2-5111.

002 Administration . 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.

003 Definitions . 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.

003.11 WETLANDS shall mean areas capable of reducing damages by sedimentation and associated pollutants that meet one of the following categories:

003.11A Permanently Flooded - water covers the land surface throughout the year in all years;

003.11B Intermittently Exposed - surface water is present throughout the year except in years of extreme drought;

003.11C Semipermanently Flooded - surface water is present throughout the growing season in most years; or,

003.11D Seasonally Flooded - surface water is present for extended periods of not less that 21 consecutive calendar days especially early in the growing season, but is absent by the end of the growing season in most years.

004 Technical Requirements .

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.

005 Application Process .

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.

006 Review of Applications .

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.

006.07 Using the prioritization under section 006.06, if sufficient funds are not available to fund those applications with identical points, the Department shall first fund those applications that create buffer strips at a lower cost per acre.

007 Buffer Strip Payments . 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.

007.02 Irrigated Cropland.

007.02A On irrigated cropland, that is, or will be, enrolled in the CRP, CREP, or any other governmentally funded program, the payment rate per acre shall be $250, minus payments received from all other sources. In no case may the payment from all sources exceed $250 per acre.

007.02B On irrigated cropland not enrolled in the CRP, CREP, or any other governmentally funded program, the payment rate per acre shall be $225 minus payments from any other source.

008 Contractual Requirements Between NRD and Applicant . 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.

009 Compliance . 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.

010 Administrative Costs . 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.

011 Publications Adopted .

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.

012 Annotation . Neb. Rev. Stat. §§2-5101 to 2-5111 (Cum. Supp. 2006, LB 790 of 2008).

History

• Effective 2008-08-17

Chapter 6 Commercial Fertilizer and Soil Conditioner Inspection Fees

Neb. Admin. Code tit. 25, ch. 6 Commercial Fertilizer and Soil Conditioner Inspection Fees {#sec-25-nac-6 omnilex-key=us-ne-regs-official--title-25--25 NAC 6}

001 Purpose . 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.

002 Commercial Fertilizers and Soil Conditioners . 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.

003 Effective Date . 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.

004 Annotation . Neb. Rev. Stat. §§81-2,162.01 to 81-2,162.27.

History

• Effective 1987-03-09

Chapter 7 Nebraska Seed Law Regulations

Neb. Admin. Code tit. 25, ch. 7 Nebraska Seed Law Regulations {#sec-25-nac-7 omnilex-key=us-ne-regs-official--title-25--25 NAC 7}

001 Other Crop Seeds . Different varieties of the same kind of seed, when present in quantities of less than five percent, will be considered as "other crop seed."

002 Grower Declaration . 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.

003 Label Requirements . All required labels shall be so attached to be clearly discernable, and securely fastened to the container or printed directly thereon, provided however, labels may be used for labeling if they are securely attached to the bag, box or container and when in place, are visible.

003.02 All agricultural, vegetable, or flower seed which has been treated with any substance which is harmful in the quantity remaining in the seed after treatment, to humans or to vertebrate animals, shall be labeled or tagged with a caution statement in eight point type or larger in the following manner:

CAUTION -- TREATED SEED DO NOT USE FOR FOOD, FEED OR OIL PURPOSES

003.03 All agricultural and vegetable seed treated with mercurial or similarly toxic substance, shall include in red letters on a background of distinctly contrasting color a statement, such as "This seed has been treated with POISON," "Treated with POISON," "POISON treated," or "POISON." The word "POISON," shall appear in type no smaller than eight-point type, and shall bear a skull and crossbones. Substances considered similar in toxicity to mercurials shall be those with an oral LD50 up to and including 50 mg/kg, an inhalation LD50 up to and including .2 mg/liter, or a dermal LD50 up to and including 200 mg/kg.

003.04 The caution and process statements may be placed upon the kind, variety and germination tag or upon the manufacturer's tag if adequate space permits. All labeling and tags required to contain the caution and process information of this paragraph shall be approved as to form and content by the Department and copies of the Department approval shall be available at all times to inspectors upon request.

003.05 Disclaimers, nonwarranties or limited warranties may be printed or stenciled to all tags, labels, invoices or other required labeling provided they do not represent direct or indirect modifications or denials of caution and process statements and provided further that they do not render the required information thereon difficult to read by overprint, crowding or print style which distracts from the required labeling information.

003.06 To comply with:

003.06A Seeds of plants grown primarily for their blooms shall be labeled as follows:

003.06A(1) Seeds of a single named variety shall be labeled by the kind and variety.

003.06A(2) Seeds of a single type and color for which there is no specific variety name shall be labeled by the type of plant and, if significant, the type and color of bloom.

003.06A(3) Seeds of an assortment or mixture of colors or varieties of a single kind shall be labeled by the kind name and the type of plant and, if significant, by the type or types of bloom. In addition, it shall be clearly labeled as either mixed or assorted.

003.06B Seeds consisting of an assortment or mixture of kinds or kinds and varieties shall be clearly labeled that the seed is assorted or mixed and the specific use of the assortment or mixture shall be indicated.

003.06C Containers that have more than 3 grams of seed shall list the kind or kind and variety of each component that is more than 5.0% of the total content by weight in the order of its predominance and shall list the percentage by weight of each component. Components of 5.0% or less shall be listed, but need not be in order of predominance. A single percentage, by weight, shall be given for these components. If no component of a mixture is more than 5% of the total content, the statement "No component in excess of 5%" may be used. Containers that have 3 grams of seed or less shall list the components without giving the percentage by weight. Such listing need not be in order of predominance.

003.07 The kinds of flower seeds listed in 004.02 are those for which standard testing procedures have been prescribed and which are required to be labeled in accordance with the germination labeling provisions of the Nebraska Seed Law and these regulations.

004 Germination Standards for Vegetable and Flower Seeds.

004.01 The minimum allowable germination standards for vegetable or garden seeds, including hard seeds are as follows:

004.02 The minimum allowable germination standards for flower seeds are listed below. For the kinds of seeds marked with an asterisk (*), the percentage is the total of percentage germination and percentage of hard or dormant seed. A mixture of kinds of flower seeds is s below standard if the germination of any kind or combination of kinds that constitutes twenty-five percent (25%) or more of the mixture, by number, is below standard for the kind or kinds involved.

005 Time Period for Germination Tests .

005.01 Native Plant species may be tested to determine the percentage of viability as indicated by a tetrazolium (TZ) test as set forth in the Nebraska Seed Law.

005.02 The only seeds of nonnative plant species which may be tested by a tetrazolium (TZ) test to determine the percentage of viability are those which exhibit deep dormancy and receive specific approval from the department to be tested in this manner.

005.03 For agricultural and vegetable seeds labeled, packaged, and sold in hermetically sealed containers, the limitation of date of test is extended. The germination test for agricultural and vegetable seeds labeled, packaged, and sold in hermetically sealed containers shall have been completed within a 36-month period exclusive of the calendar month in which the test was completed, if the following conditions are met:

005.03A The seed was packaged within nine months after harvest;

005.03B The container used does not allow water vapor penetration through any wall, including the seals, greater than 0.05 grams of water per 24 hours per 100 square inches of surface at 100 degrees F. with a relative humidity on one side of 90 percent and one the other side of 0.00 percent. Water vapor penetration or WVP is measured by the standards of the National Institute of Standards and Technology as:

WVP = gm. H20/24 hr/100 sq. in/100°F/90% RH V.0% RH

005.03C The seed in the container used does not exceed the percentage of moisture, on a wet weight basis, as listed below:

005.03C(l) Agricultural Seeds.

005.03C(2) Vegetable Seeds.

005.03D The container is conspicuously labeled in not less than eight-point type to indicate:

005.03D(l) That the seed is hermetically sealed;

005.03D(2) That the seed has been preconditioned as to moisture content; and

005.03D(3) The calendar month and year in which the germination test was completed as well as all labeling information required in the Nebraska Seed Law.

005.03E The percentage of germination of seed at the time of packaging was equal to or above the standards specified elsewhere in the law;

005.03F Adequate records are kept, giving the percent moisture of the seed at the time of packaging; and

005.03G Hermetically sealed seed is not repackaged and relabeled as hermetically sealed seed unless it meets all conditions for seeds packaged in hermetically sealed containers including 005.03A above.

006 Enforcement Orders. 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.

006.02 Relabel to comply orders shall be issued with respect to the following:

006.02A All products found to be in violation of the labeling provisions of the law, so long as the labeling violations are the only violations found, and so long as the labeling violations are not of a type having an affect on the quality of the seed; or

006.02B Products found to be less than double out of tolerance but more than one-half of one percent out of tolerance with respect to pure seed, crop seed, inert matter, or coating material.

006.03 Minor violation warning orders shall be issued with respect to products found to be less than or equal to one-half of one percent out of tolerance with respect to purity, crop seed, inert matter, or coating material.

006.04 A stop sale order shall mean that the products covered thereby cannot be sold until the order has been officially released. A stop sale order may be released on all agricultural, vegetable, and flower seed upon compliance with the terms of the act. The director may issue a release from a stop sale order when satisfied that:

006.04A The seed has been relabeled to comply with official test findings and a copy of the new label or tag has been furnished the Department, or

006.04B The seed has been reconditioned, an official sample taken, a new official test completed, and labeled with the new official test results, or

006.04C he seed has been returned to the supplier marked, "NOT FOR SALE" or similarly identified as not available to any purchaser by sale, trade, or exchange.

006.05 A relabel to comply order shall specify the relabeling required within 14 days of such order, unless an extension of time is sought and obtained from the Department for good cause shown.

006.06 A minor violation warning order shall not require any specific actions to be taken, but shall constitute notice of deficiencies needing future corrective actions.

007 Bulk Labeling Requirements . 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.

008 Adopt Rules for Testing Seeds . 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.

009 Noxious Weed Seed . 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 interpreted 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), Charlack (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.

010 Labeling of Seeds as Percentage of Pure Live Seed . The following kinds of agricultural seed may be labeled as to the percentage of Pure Live Seed (PLS) as prescribed in the Nebraska Seed Law ):

Bluestem, Big Bluestem, Little Bluestem, Sand

Dropseed, Sand Buffalograss Grama, Blue Grama, Sideoats Indiangrass Lovegrass, Sand Needlegrass, Green Ricegrass, Indian Sandreed, Prairie Switchgrass Wheatgrass, Crested Wheatgrass, Beardless Wheatgrass, var. Intermediate or var. Pubescent Wheatgrass, Slender Wheatgrass, Streambank Wheatgrass, Tall Wheatgrass, Thickspike Wheatgrass, Western Sandreed, Prairie Switchgrass

011 Seeds Labeled Variety Not Stated . 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 Bahiagrass Barley Bean, field Beet, field Brome, Smooth Broomcorn Clover, crimson Clover, red Clover, white Corn, field Corn, pop Cotton Cowpea Crambe Fescue, Tall Flax Lespedeza, striate Millet, foxtail Millet, Pearl Millet, Proso Oat Pea, field Peanut Rape Rice Rye Safflower Sorghum Sorghum-Sudangrass Hybrid Soybean Sudangrass Sunflower Tobacco Trefoil, birdsfoot Triticale Wheat, common Wheat, durum

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.

012 Labeling of Kind or Kind and Variety of Seed . The name of a kind or kind and variety of seed and any descriptive terms pertaining thereto shall be correctly represented in any advertisement of seed.

012.01 Name of Kind or Kind and Variety. The representation of the name of a kind or kind and variety of seed in any advertisement subject to the act shall be confined to the name of the kind or kind and variety determined in accordance with Section 81-2,147.01. The name shall not have associated therewith words or terms that create a misleading impression as to the history or characteristics of the kind or kind and variety. Descriptive terms and firm names may be used in kind or variety names; Provided, that the descriptive terms or firm names are a part of the name of the kind or variety of seed; for example, Stringless Green Pod, Detroit Dark Red, Black Seed Simpson and Henderson Bush Lima. Seed shall not be designated as hybrid seed in any advertisement subject to the act unless it comes within the definition of "Hybrid" in Section 81-2,147.01.

012.02 Characteristics of Kind or Variety. Terms descriptive as to color, shape, size, habit of growth, disease resistance, or other characteristics of the kind or variety, may be associated with the name of the kind or variety; provided, that it is done in a manner which clearly indicates the descriptive term is not part of the name of the kind or variety; for example, Oshkosh pepper (yellow), Copenhagen Market (round head) cabbage, and Kentucky Wonder pole bean.

012.03 Description of Quality and Origin. Terms descriptive of quality or origin and terms descriptive of the basis for representations made may be associated with the name of the kind or variety of seed; Provided, that the terms are clearly identified as being other than part of the name of the kind or variety; for example, Blue Tag Gem Barley, Idaho Origin Alfalfa, and Grower's Affidavit of Variety Atlas Sorghum.

012.04 Description of Manner of Production or Conditioning. Terms descriptive of the manner or method of production or conditioning the seed may be shown; for example, certified, registered, delinted, scarified, treated, and hulled, may be associated with the name of the kind or variety of seed, providing such terms are not misleading.

012.05 Separation of Brand Names from Kind and Variety Names. Brand names and terms taken from trademarks may be associated with name of the kind and variety or mixtures of kinds or blends of varieties of seed as an indication of source; Provided, that the terms are clearly indicated as being other than part of the name of the kind and variety, mixture or blend; for example, Valley Brand Blend 15 Alfalfa VNS, or River Brand Golden Cross Corn VNS. Seed shall not be advertised under a trademark or brand name in any manner that may create the impression that the trademark or brand name is a variety name.

013 Seed Allowing 4% Weed Seed . 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 (½ 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

Grama, Blue Grama, Sideoats Indiangrass Sandreed, Prairie

014 Definition of Terms .

014.01 T. In addition to the weed seeds listed in the Nebraska Seed Law as prohibited noxious weed seeds, seeds from the following species are prohibited noxious weed seeds: Caucasian bluestem (Bothriochloa bladhii); Medusahead (Taeniatherum caput-medusae); Ventenata (Ventenata dubia); and Yellow bluestem (Bothriochloa ischaemum).

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.

015 Administration . These regulations shall be administered by the Department of Agriculture. The mailing address is P.O. Box 94756, Lincoln, Nebraska 68509-4756.

016 Publications Adopted . See Appendix A and Appendix B.

017 Annotation . Neb. Rev. Stat. §§81-2,147 to 81-2,147.12.

History

• Effective 2025-09-02

Chapter 10 Noxious Weed Regulations

Neb. Admin. Code tit. 25, ch. 10 Noxious Weed Regulations {#sec-25-nac-10 omnilex-key=us-ne-regs-official--title-25--25 NAC 10}

CHAPER 10 – NOXIOUS WEED REGULATIONS

001 Designation and Publication of Noxious Weeds . The following weeds are hereby officially designated and published 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.virgatum (including any cultivars and hybrids) saltcedar - Tamarix ramosissima Ledeb; Japanese knotweed ( Fallopia japonica including all cultivars and hybrids); and giant knotweed ( Fallopia sachalinenis including all cultivars and hybrids); sericea lespedeza ( Lespedeza cuneate G. Don ) and phragmites australis, subspecies australis. Noxious weed shall mean the plant, seed, or seedlings of such weeds.

002 Methods and Times to Control Noxious Weeds .

002.01 The noxious weed control period shall be when noxious weeds are actively growing.

002.02 The following methods of controlling noxious weeds are hereby approved and adopted by the director, so long as such methods are employed during the noxious weed control period, are performed at such frequency to prevent the spread of noxious weeds, and have the approval of or meet the control standards of the control authority.

002.02A Mechanical methods. Mechanical noxious weed control methods include mowing, chopping, digging, shredding, and tillage.

002.02B Crop management methods. Crop management weed control methods include crop rotation and crop competition.

002.02C Herbicide methods. The use of herbicides to control noxious weeds under the guidelines set out in the publication known as EC130 “Guide for Weed Management” published by the University of Nebraska, Cooperative Extension Service, Institute of Agriculture and Natural Resources, a copy of which is attached and incorporated herein by reference and is hereby adopted and promulgated and may be used. Herbicide usage in a manner different from that set out in the aforementioned publication is approved under the following conditions:

002.02C1 The herbicide used shall be one that is approved or registered by the United States Environmental Protection Agency and the Nebraska Department of Agriculture for use on the noxious weeds to be controlled;

002.02C2 The method of applying the herbicide shall be in conformity with the provisions of the Federal Insecticide, Fungicide, and Rodenticide Act, as amended on the effective date of these regulations, and the federal regulations duly adopted thereunder, and shall be consistent with label directions; and

002.02C3 The rate of application of the herbicide shall not be in excess of that specified on the label and shall not be at a rate less than that supported by the efficacy data filed with the Environmental Protection Agency in conjunction with the registration of the herbicide.

002.02D Biological methods. To be deemed acceptable, the use of livestock, predators, pathogens, and parasites as a method of controlling noxious weeds shall be as effective as the use of herbicides, as set forth in 002.02C and shall be approved by the control authority.

002.03 Any determination made as to the failure of any person to control the spread of noxious weeds on land owned or controlled by him or her including the issuance of individual notices pursuant to Neb. Rev. Stat. §2-955, shall be guided by consideration of the intent and purposes of the Noxious Weed Control Act and these regulations. These factors include, but are not limited to, the following:

002.03A The potential for spread of the noxious weeds to other land;

002.03B The potential adverse effect of the noxious weeds and the seeds thereof on commodities to be removed from the land; and

002.03C The degree of infestation of the noxious weeds. While any noxious weed infestation whatsoever is unacceptable, excessive degrees of infestation necessitates the taking of immediate and definite action. Such action shall be initiated in cases where the quantity of noxious weeds present reasonably indicates that current control methods are not satisfactorily controlling the spread of noxious weeds and that more effective control methods are necessary. Consideration of this factor, as explained above, should not be construed to imply that less than excessive infestations need not be controlled.

003 Control Authority Duties and Responsibilities .

003.01 To substantively carry out its duties and responsibilities under the Act and these regulations, each control authority shall:

003.01A Annually submit the following reports to the director on or before January 31 of each year:

003.01A1 A weed program personnel information report. Such report shall be in the form prescribed in 25 NAC 10-008.01.

003.01A2 A budget report. Such report shall be in the form prescribed in 25 NAC 10-008.02. A control authority need only to file that portion of the budget report which relates to the county weed control program. Such report shall, however, include as a minimum standard those sections of the county annual fiscal report containing information of the current budgeted revenue and expenditures as well as the previous year's revenues and expenditures.

003.01A3 Noxious weed control plan. Such report shall be in the form prescribed in 25 NAC 10-008.03 or as is amended by the director. Should the director amend the noxious weed control plan, such plan will supercede 25 NAC 10-008.03 and be distributed to the control authority by November 30 for use in the following year.

003.01A4 An infestation report. Such report shall be in the form prescribed in 25 NAC 10-008.04 and shall contain information relative to the amount and type of land infested with noxious weeds, and such other information as the director may prescribe.

003.01A5 An activity report. Such report shall be in the form prescribed in 25 NAC 10-008.05 and shall contain information relative to the overall county noxious weed control program.

003.01A6 Any other information deemed necessary by the control authority.

003.01B Annually inspect all lands within its jurisdiction in order to determine whether the Noxious Weed Control Act and its regulations have been complied with. The control authority shall document the annual inspection through the use of county road maps, plat books, or other records that have been approved by the Nebraska Department of Agriculture. All noxious weed infestations found during the annual inspection shall be additionally documented with an inspection report containing the information specified in 25 NAC 10-003.01C1. When the control authority determines that the noxious weeds have not been controlled, the control authority shall cause additional inspections to be made at least once during the noxious weed control period specified in 25 NAC 10-002 above until such time as the noxious weeds on said land have been controlled. Prior to the issuance of an individual notice, the control authority shall inspect such lands.

003.01C Execute an inspection report in conjunction with the performance of any inspection of land found to be infested with noxious weeds.

003.01C1 The inspection report shall contain the following:

003.01C1A The location of the land, including county, township, range, and section.

003.01C1B The date of the inspection.

003.01C1C The purpose of the inspection, whether it be annual, preliminary to the issuance of an individual notice, or otherwise.

003.01C1D If noxious weeds are present, the names thereof, or, if none are present, a statement to that effect.

003.01C1E The signature of the person conducting the inspection.

003.01C1F The name of the landowner and, if applicable, the tenant, if known or capable of being determined.

003.01C1G Number of acres inspected.

003.01C1H Number of acres infested.

003.01C1I Degree of infestation using the severity guidelines adopted in 25 NAC 10-008.06.

003.01C1J Current land use.

003.01C1K Any other information deemed appropriate by the control authority.

003.01C2 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 as prescribed in 25 NAC 10-008.08. The crop inspection report may be used 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.

003.01C3 The control authority shall maintain files of inspection reports for a period of at least three (3) years following the date of inspection. Samples of acceptable inspection forms are contained in 25 NAC 10-008.06.

003.01D Publish a general notice on or before May 1 and between August 1 and October 1 of each year as provided in section 2-955 of the Noxious Weed Control Act. Such general notice shall follow, as a minimum standard, the form prescribed in 25 NAC 10-008.07. Published size of the general notice shall be at least four inches by six inches or be at least 24 square inches in size. Copies of such notices shall be made available to the director for inspection and review within fifteen (15) days following the date of publication.

003.01E Cooperate with other control authorities in carrying out its duties and responsibilities and in exercising its authority pursuant to the Noxious Weed Control Act and regulations adopted and promulgated under such act.

003.01F Prepare a report indicating the disposition of each individual notice issued by the control authority. Such reports shall be in the form prescribed in 25 NAC 10-008.10 or contain the same information as is specified in this prescribed form.

003.01G Employ a county weed superintendent who meets applicable requirements of the Pesticide Act, Neb. Rev. Stat. §§2-2622 through 2-2659, 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 books, papers, files, records, and reports 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.

004 Dissemination of Noxious Weeds Through Articles .

004.01 All noxious weeds as designated in 25 NAC 10-001 are hereby found by the director to be noxious weeds which may be disseminated through articles. The following articles are hereby designated and published by the director 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.

004.02 The director hereby prescribes the following treatment for articles capable of disseminating noxious weeds, when such articles are suspected to have noxious weeds present:

004.02A Machinery and equipment used in the harvesting of crops shall be treated as follows:

004.02A1 Remove all loose material from the top and sides of the machine and all other places of lodgement by sweeping or the use of forced air or forced water;

004.02A2 Remove all noxious weeds from shakers, sieves, and other places of lodgement;

004.02A3 Run the machine empty for at least five (5) minutes, alternately increasing and decreasing the speed;

004.02A4 Follow the manufacturer's detailed instructions for cleaning the machine; and

004.02A5 Whenever possible, aforementioned treatments shall be performed while the article is still on the land on which it became infested. If treatment cannot be performed at this location, the location selected shall be such as to minimize the possible dissemination of noxious weeds.

004.02B Machinery and equipment other than that used for harvesting of crops including, but not limited to, trucks, tractors, mowers, planters, and other articles, such as railroad ties, fence posts and fencing, shall be treated by brushing, sweeping, forced air, forced water, physical removal of noxious weeds or any other method deemed by the control authority to be consistent with the intent and purpose of the Noxious Weed Control Act and this regulation. With respect to the location where treatment is to be performed, the same guidelines as set out in 004.02A5, above, shall apply.

004.02C Grain and seed suspected to contain noxious weeds may be transported prior to treatment if done in such a fashion as to prevent the dissemination of noxious weeds such as in enclosed trucks, but shall not be sold or transferred to another person prior to treatment. Grain and seed suspected to contain noxious weeds shall be treated by use of a seed cleaner which is effective in removing the noxious weeds from the grain and seed. Screenings remaining following treatment may not be used for feed, or for any other purpose which could result in the dissemination of noxious weeds.

004.02D Soil, sod, nursery stock, hay, straw, and other material of a similar nature are articles for which no known acceptable method of treatment exists. Such articles may not be moved from the location at which they initially become infested, but may be utilized at that location for their commonly recognized purpose.

004.02E Manure is an article for which no known acceptable method of treatment exists. Manure may not be moved from the location at which it initially became infested, but may be utilized at that location for its commonly recognized purposes.

004.02F Should a method of treatment be developed for such articles listed in 004.01 through 004.01J, the control authority may allow its utilization if it is found by the director to be consistent with the intent and purposes of the Noxious Weed Control Act and these regulations.

004.03 The control authority shall make inspection services available to those who request the inspection of articles capable of disseminating noxious weeds. When the control authority is unable to provide requested inspection services, or when information is all that is needed, the control authority shall make every effort to advise persons within the county as to the proper treatment of articles capable of disseminating noxious weeds. A sample article inspection form is set out in 25 NAC 10-008.09.

005 Procedure to Bring Weed Under or Remove from the County Control Program .

005.01 Petition to bring weed under county program. Petitions filed with the director under and by virtue of the provisions of sections 2-954(1)(a) of the Noxious Weed Control Act shall be in the form prescribed in 25 NAC 10-008.11. Such petitions shall, in addition to the requirements of the provisions of the Noxious Weed Control Act, contain 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.

05.01D A statement of agreement or specified disagreement by the weed control superintendent of that county with respect to the affirmations of the control authority contained in the petition.

005.02 Removal of petitioned weed from county control program.

005.02A The control authority may petition the director to remove a previously petitioned weed from the county's control program by submitting a petition in the form prescribed in 25 NAC 10-008.12.

05.02B The director may remove a petitioned weed from the county control program by notifying the control authority of such in writing. Such removal may only occur upon a determination by the director that such weed is not being controlled by the county's weed control program, or no longer poses a serious or special problem in the county. Such notice shall provide the county an opportunity for a hearing before the director prior to the removal of the weed from the county control program.

006 Department Review of Continuing Education Programs .

006.01 The director shall 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 that the Noxious Weed Control Act requires county weed control superintendents to complete.

006.01A A description of any continuing education program shall be 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 Any continuing education program shall include the following:

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 shall provide the director documentation to show the continuing education program was carried out according to the description the association submitted to the director. Such documentation shall include:

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 scores 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.

007 Administration . These regulations shall be administered by the Department of Agriculture, Animal and Plant Health Protection 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) 471-2351.

008 Forms .

008.01 Personnel Report

008.02 State Budget Report

008.03 Control Plan

008.04 Infestation Report

008.05 Activity Report

008.06A Inspection Report

008.06B Inspection Report

008.07 General Notice. Publish on or before May 1 and between August 1 and October 1.

008.08 Crop Inspection Report

008.09 Article Inspection Form

008.10 Individual Notice Disposition Report

008.11 Petition to Designate a Weed Noxious in a County

008.12 Petition to Remove Weed from County Control Program

009 Publication Adopted . See Appendix A.

010 Annotation . Neb. Rev. Stat. §§2-945.01 through 2-968.

History

• Effective 2014-12-06

Chapter 12 Agricultural Liming Materials Regulations

Neb. Admin. Code tit. 25, ch. 12 Agricultural Liming Materials Regulations {#sec-25-nac-12 omnilex-key=us-ne-regs-official--title-25--25 NAC 12}

001 Statement of Purpose . The purpose of these regulations is to aid in administering the Agricultural Liming Materials Act, Neb. Rev. Stat. §2-4301 to 2-4327.

002 Administration . 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.

003 Definitions .

003.01. The term "Act" shall mean the Agricultural Liming Materials Act, Neb. Rev. Stat. §2-4301 to 2-4327.

003.02. The terms defined in the Act shall have the same meaning in these regulations.

003.03. The "Bureau" shall mean the Department of Agriculture's Bureau of Plant Industry.

003.04. "AOAC" shall mean the Association of Official Analytical Chemists.

004 Agriculture Liming Materials Fineness Standard . All agriculture liming materials distributed in this State shall use the following standard to determine the fineness of the liming material;

004.01. Multiply the percent of total material passing a number 4 sieve by .1 (one tenth).

004.02. Multiply the percent of total material passing a number 8 sieve by .3 (three tenths).

004.03. Multiply the percent of total material passing a number 60 sieve by .6 (six tenths).

004.04. The addition of the results obtained in 004.01, 004.02, and 004.03 will provide the fineness factor of the agriculture liming material.

005 Effective Calcium Carbonate Standard . To determine the effective calcium carbonate (ECC) per ton, the following standard will be used:

005.01. 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. Multiply the factor obtained in 005.02 by 2000 to determine the pounds of effective calcium carbonate (ECC) per ton.

006 Sampling Procedure . 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.

007 Analysis Procedure . 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.

008 Official Analysis Results . 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.

009 Obtaining Portions of Official Samples . 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.

010 Inspection Fees . 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 except that the fee shall not be paid for materials distributed from January 1, 2002 until December 31, 2002. During the years the fee is required, 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.

011 Annotation . Neb. Rev. Stat. §2-4301 to 2-4327 (Reissue 1997).

History

• Effective 2001-10-21

Chapter 13 Plant Protection and Plant Pest Act Regulations

Neb. Admin. Code tit. 25, ch. 13 Plant Protection and Plant Pest Act Regulations {#sec-25-nac-13 omnilex-key=us-ne-regs-official--title-25--25 NAC 13}

001

American Standard for Nursery Stock Adopted .

The American Standard for Nursery Stock, copyright 2025, 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.

002 Fees .

002.01 Fees for certification inspection of Nebraska-grown nursery stock or any necessary reinspections include a mileage charge and an hourly fee. The mileage charge is $0.50 per mile and $27.00 per hour which includes the driving time to and from the location in addition to the time spent conducting the inspection.

002.02 Each phytosanitary or export certificate Issued will be assessed a $40.00 charge in addition to any other applicable fees.

002.03 Any fee charged to the Department by the United States Department of Agriculture for the issuance of a phytosanitary or export certificate or by a laboratory for diagnostic services or any shipping costs related to phytosanitary inspection work will be paid by the applicant.

003 Inspection of Nursery Stock Distributors and Optional Inspections .

Nursery stock or other plants being inspected for an optional nursery stock distributor’s license are to remain accessible during regular business hours to the Department for inspection. Weeds or other growth which hinders a proper inspection are grounds to suspend or withhold any license or be cause for a reinspection. Sign markers are to delineate sections which are no larger than five acres. Signs posted by the Department for withdrawal from distribution may only be removed by the Department’s written permission.

004 Condition of Nursery Stock .

004.01 Nursery stock is not to contact hard-surfaced areas unless moisture-retaining or heat-reducing material has been provided keeping the plant, including the roots, moist and protected from excessive heat, drying, and other adverse conditions.

004.02 0

Nursery stock is to remain viable with a moist, green cambium in the stems and branches, viable buds or normal green unwilted growth and not have etiolated growth on individual buds of more than four inches. Viability also precludes actively growing weeds, environmentally or mechanically caused damage or damage caused by animals or the use of plastic burlap.

005 Labeling and Records Correct common or botanical names are to be used. Records of shipments and packing slips are to be kept and made available to the Department for three (3) years. Records to be kept include name and address of any person from which nursery stock was received and the receiving date; name and quantity of the contents; place of origin and documentation required to prove compliance with any applicable state or federal quarantine or certification requirement; and a license or its equivalent issued by the recognized authorized agency stating that the nursery from which the nursery stock originates has been inspected and the nursery stock certified.

006 Administrative Fines . A base fine for violating any provision of the Plant Protection and Plant Pest Act or regulations promulgated pursuant to the Act is $600 and a subsequent violation is $1,000.

006.01 Gravity adjustment criteria. The base administrative fine may be changed by considering the gravity of harm of the violation and the gravity of misconduct of the person committing the violation. The specific numerical value will be assigned to each category as set forth in the following charts:

006.02 Gravity of harm.

006.03 Gravity of misconduct. For the purposes of this subsection prior violation means a violation which was committed within the last three years.

006.04 To determine the adjusted fine, the base fine shall be adjusted based on the total number of points calculated from 25 NAC 13-013.03A and 013.03B and multiplying the base fine by the gravity adjustment percentage of base value set forth below.

Adjustments for Gravity

006.05 To determine the actual administrative fine, the adjusted fine as determined in 25 NAC 013.03C shall be multiplied by the appropriate value corresponding with the size of business criteria set forth below. In determining the amount of any fine, there shall be a rebuttal presumption that the gross revenue of any violator is over $600,000.

Size of Business Criteria

.

007 Planting of Certified Seed Potatoes .

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. A person planting seed potatoes in lots of one acre or more, for the purpose of distributing the crop to be harvested is required to use seed potatoes have been certified by the Nebraska certification entity or another approved state entity or have been inspected and to maintain records indicating the acreage, varieties, and source of all seed potatoes planted. The records must be available for inspection by the Nebraska certification entity for a period of three years from the date of planting. All seed potatoes imported into this state by any person, from any state, territory, or country, must be accompanied by a health certificate, official grade certificate, or other documentation approved by the Department.

008 Annotation . Neb. Rev. Stat. §§2-1072 to 2-10,117.

History

• Effective 2026-06-28