2-10,102. Collectors; nursery stock distributor’s license required; inspection. Collectors shall be required to obtain a nursery stock distributor’s license and shall be required to apply for an additional inspection for the certification of the collected nursery stock as provided in section 2-1095. All collected nursery stock shall be labeled as such. Source Laws 1988, LB […]
2-10,103. Nursery stock distributor; duties. A nursery stock distributor shall: (1) Comply with the Plant Protection and Plant Pest Act and the rules and regulations: (a) In the care of nursery stock; (b) In the distribution of nursery stock including nursery stock that has been withdrawn from distribution; (c) Regarding treatment or destruction of nursery […]
2-10,103.01. Nursery stock distributor; disciplinary actions; procedures. (1) A nursery stock distributor may be placed on probation requiring such person to comply with the conditions set out in an order of probation issued by the director or be ordered to cease and desist from failing to comply or be ordered to pay an administrative fine […]
2-10,103.02. Administrative fine; collection; use. (1) The director may issue an order imposing an administrative fine on any person who has violated any provision, requirement, condition, limitation, or duty imposed by the Plant Protection and Plant Pest Act or rules and regulations adopted and promulgated pursuant to the act in an amount which shall not […]
2-10,103.03. Cease and desist order; hearing. Whenever the director has reason to believe that any person has violated any provision of the Plant Protection and Plant Pest Act or any rule or regulation, an order may be entered requiring the person to appear before the director to show cause why an order should not be […]
2-10,103.04. Notice or order; service; notice; contents; hearings; procedure; new hearing. (1) Any notice or order provided for in the Plant Protection and Plant Pest Act shall be personally served on the person holding the nursery stock distributor license, the person named in the notice, or the person authorized by the person holding the nursery […]
2-10,104. Foreign distributor; reciprocity; department; reciprocal agreements. (1) Any person residing outside the state and desiring to solicit orders or distribute nursery stock in Nebraska may do so if: (a) Such person is duly licensed under the nursery laws of the state where the nursery stock originates and the laws of that state are essentially […]
2-10,105. Optional inspections; nursery stock distributor’s license; optional issuance. (1) Optional inspections of plants may be conducted by the department upon request by any persons desiring such inspection. A fee as set forth in subsection (2) of section 2-1095 shall be charged for such an inspection. (2) Any person who desires a nursery stock distributor’s […]
2-10,106. Importation and distribution; labeling requirements; exception; department; powers. (1) It shall be unlawful for any person, including any carrier transporting nursery stock, to bring into or cause to be brought into Nebraska any nursery stock unless such shipment is plainly and legibly marked with a label showing the name and address of the consignor […]
2-10,107. Nuisance plants; department; powers. Any person owning or controlling property shall keep such property free from all species of plants declared by the department to be nuisance plants. If the department determines that any species or variety of plant is a nuisance plant and that such plant should be eradicated in order to safeguard […]
2-10,108. Plant pests; department; powers. (1) Whenever the department finds that there exists, in any other state, territory, country, or part thereof, any plant pests detrimental to the agricultural interests of the state and that the control, eradication, retarding, or prevention of such pests is necessary to protect the plant industry of the state, the […]
2-10,109. Withdrawal-from-distribution order; issuance. If the department finds that plants are distributed in violation of the Plant Protection and Plant Pest Act, the department may issue a written or printed withdrawal-from-distribution order to the person in charge of such plants for the protection of the public health, safety, or welfare and may enforce such order. […]
2-10,110. Implementation or enforcement agreements authorized. The department may receive grants-in-aid or receive and disperse pass-through funds or otherwise cooperate and enter into agreements with the United States Department of Agriculture or any other person in the department’s implementation or enforcement of the Plant Protection and Plant Pest Act or federal programs related to plant […]
2-10,111. Costs; liability. (1) All costs associated with treating, seizing, or destroying any plant or issuing and enforcing any withdrawal-from-distribution order for any plant, which plant is in violation of the Plant Protection and Plant Pest Act or the rules and regulations adopted and promulgated pursuant to the act, shall be the responsibility of the […]
2-10,112. Excess fees; disposition. If the department determines that any fee has been erroneously collected or computed, the department shall credit the excess amount collected or paid to any fees then due and owing from the person under the Plant Protection and Plant Pest Act. Any remaining balance may be refunded to the person by […]
2-10,113. Foreign nursery stock; foreign soil or plant pests for research or educational purposes; biological control agent or genetically engineered plant organism; permit requirements; trade secrets; confidentiality. (1) Any person receiving any shipment of nursery stock from any foreign country that has not been inspected and released by the United States Department of Agriculture at […]
2-10,114. Agents or employees; liability of principal. In construing and enforcing the Plant Protection and Plant Pest Act, omission or failure of any individual acting for or employed by any other person or other principal within the scope of his or her employment or office shall in every case be deemed the act, omission, or […]
2-10,115. Violations; penalties; appeal of department order; procedure. (1) Any person shall be guilty of a Class IV misdemeanor for the first violation and a Class II misdemeanor for any subsequent violation of the same nature and in violation of the Plant Protection and Plant Pest Act if that person: (a) Distributes nursery stock without […]
2-10,115.01. Political subdivision; ordinance or resolution; restrictions. A political subdivision shall not enact an ordinance or resolution which is in conflict with the Plant Protection and Plant Pest Act. Source Laws 1993, LB 406, § 30.
2-10,116. Rules and regulations. The department shall have authority to adopt and promulgate such rules and regulations as are necessary to the effective discharge of its duties under the Plant Protection and Plant Pest Act. The rules and regulations may include, but shall not be limited to, provisions governing: (1) The issuance and revocation of […]
