Nebraska Statutes 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:
Terms Used In Nebraska Statutes 2-10,116
- Certified seed potatoes: means seed potatoes which have been certified by a certification entity recognized by the department to certify that the seed potatoes are free of regulated plant pests. See Nebraska Statutes 2-1075.02
- Department: shall mean the Department of Agriculture. See Nebraska Statutes 2-1078
- Director: shall mean the Director of Agriculture or his or her designated employee, representative, or authorized agent. See Nebraska Statutes 2-1078.01
- Nursery: shall mean any property where nursery stock is grown, propagated, collected, or distributed and shall include, but not be limited to, private property or any property owned, leased, or managed by any agency of the United States, the State of Nebraska or its political subdivisions, or any other state or its political subdivisions where nursery stock is fumigated, treated, packed, or stored by any person. See Nebraska Statutes 2-1082
- Plant: shall mean any plant, plant product, plant part, or reproductive or propagative part of a plant, plant product, or plant part including, but not limited to, trees, shrubs, vines, forage and cereal plants, fruit, seeds, grain, wood, or lumber. See Nebraska Statutes 2-1085
- Plant pest: shall mean any insect, arthropod, nematode, mollusk, fungus, bacteria, virus, mycoplasma, parasitic plant, physiological disorder, or other infectious agent which can directly or indirectly injure or cause damage or a pathological condition to plants. See Nebraska Statutes 2-1086
- Rules and regulations: shall mean rules and regulations adopted and promulgated by the department pursuant to the Plant Protection and Plant Pest Act. See Nebraska Statutes 2-1088
- State: when applied to different states of the United States shall be construed to extend to and include the District of Columbia and the several territories organized by Congress. See Nebraska Statutes 49-801
(1) The issuance and revocation of licenses as authorized by the Plant Protection and Plant Pest Act;
(2) The assessment and collection of license, inspection, reinspection, and delinquent fees;
(3) The withdrawal from distribution of nursery stock;
(4) The care, viability, and standards for nursery stock;
(5) The labeling and shipment of nursery stock;
(6) The issuance and release of plant pest quarantines and withdrawal-from-distribution orders;
(7) The establishment of a restricted plant pest list;
(8) The preparation, maintenance, handling, and filing of reports by persons subject to the act;
(9) The adoption of the American Association of Nurserymen’s American Standard for Nursery Stock insofar as it does not conflict with any provision of the act;
(10) Factors to be considered when the director issues an order imposing an administrative fine;
(11) The planting of certified seed potatoes in the state; and
(12) The implementation of programs or plans involving the movement, treatment, control, and eradication of plant pests in the state.