Chapter 2, AGRICULTURE

724 sections in this chapter.

724 sectionsFiltered byCh 2

Neb. Rev. Stat. § 2-10,102 Collectors; nursery stock distributor's license required; inspection.
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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.
Neb. Rev. Stat. § 2-10,103 Nursery stock distributor; duties.
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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(a) In the care of nursery stock; (b) In the distribution of nursery stock including nursery stock that has been withdrawn from distribution; (c) Regarding tr…
Neb. Rev. Stat. § 2-10,103.01 Nursery stock distributor; disciplinary actions; procedures.
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(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 pursuant to …
Neb. Rev. Stat. § 2-10,103.02 Administrative fine; collection; use.
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(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…
Neb. Rev. Stat. § 2-10,103.03 Cease and desist order; hearing.
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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 entered…
Neb. Rev. Stat. § 2-10,103.04 Notice or order; service; notice; contents; hearings; procedure; new hearing.
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(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 stock distributor lic…
Neb. Rev. Stat. § 2-10,104 Foreign distributor; reciprocity; department; reciprocal agreements.
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(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 equiva…
Neb. Rev. Stat. § 2-10,105 Optional inspections; nursery stock distributor's license; optional issuance.
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(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 lic…
Neb. Rev. Stat. § 2-10,106 Importation and distribution; labeling requirements; exception; department; powers.
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(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 and consig…
Neb. Rev. Stat. § 2-10,107 Nuisance plants; department; powers.
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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 o…
Neb. Rev. Stat. § 2-10,108 Plant pests; department; powers.
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(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 t…
Neb. Rev. Stat. § 2-10,109 Withdrawal-from-distribution order; issuance.
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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…
Neb. Rev. Stat. § 2-10,110 Implementation or enforcement agreements authorized.
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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 …
Neb. Rev. Stat. § 2-10,111 Costs; liability.
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(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 purs…
Neb. Rev. Stat. § 2-10,112 Excess fees; disposition.
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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 refunde…
Neb. Rev. Stat. § 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.
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(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 the port of entry shall notify the department of the arrival of such shipment, its contents, and the name of …
Neb. Rev. Stat. § 2-10,114 Agents or employees; liability of principal.
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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 failure…
Neb. Rev. Stat. § 2-10,115 Violations; penalties; appeal of department order; procedure.
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(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 a nursery …
Neb. Rev. Stat. § 2-10,115.01 Political subdivision; ordinance or resolution; restrictions.
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A political subdivision shall not enact an ordinance or resolution which is in conflict with the Plant Protection and Plant Pest Act.
Neb. Rev. Stat. § 2-10,116 Rules and regulations.
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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…
Neb. Rev. Stat. § 2-10,117 Plant Protection and Plant Pest Cash Fund; created; use; investment.
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All money received from any source pursuant to the Plant Protection and Plant Pest Act shall be remitted by the department to the State Treasurer and by the State Treasurer credited to the Plant Protection and Plant Pest Cash Fund which is hereby created. The fund shall be used b…
Neb. Rev. Stat. § 2-101 Nebraska State Fair Board; purpose; meetings; state fair; location; plan to relocate.
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(1) The Nebraska State Fair Board, formerly known as the State Board of Agriculture, shall hold an annual meeting for the purpose of deliberating and consulting as to the wants, prospects, and conditions of the agricultural, horticultural, industrial, mechanical, and other intere…
Neb. Rev. Stat. § 2-101.01 Legislative findings.
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The Legislature finds that the Nebraska State Fair has been held annually for the exhibition and dissemination of agricultural, horticultural, industrial, mechanical, and other products and innovations and for exhibitions in the arts, skilled crafts, and sciences and is a benefic…
Neb. Rev. Stat. § 2-103 Membership; term.
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(1) The Nebraska State Fair Board shall be a board consisting of the following members: (a) Seven members nominated and selected by district as provided in the constitution and bylaws of the board; and (b) Four members appointed by the Governor and confirmed by the Legislature, t…
Neb. Rev. Stat. § 2-105 State Fair Foundation; authorized.
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It is the intent of the Legislature that the Nebraska State Fair Board establish the State Fair Foundation as a nonprofit foundation operated exclusively as a corporation for charitable purposes as contemplated by sections 170(c)(2) and 501(c)(3) of the Internal Revenue Code as d…
Neb. Rev. Stat. § 2-107 State Fair Cash Fund; created; use; investment.
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The State Fair Cash Fund is created. The Tax Commissioner may use the fund to defray the cost of implementing the check-off program under section 77-27,119.05. The Nebraska State Fair shall use the fund to carry out the public-private partnerships established to enhance the work …
Neb. Rev. Stat. § 2-1072 Act, how cited.
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Sections 2-1072 to 2-10,117 shall be known and may be cited as the Plant Protection and Plant Pest Act.
Neb. Rev. Stat. § 2-1073 Public policy declaration.
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It is hereby declared to be the public policy of the State of Nebraska and the purpose of the Plant Protection and Plant Pest Act to protect and foster the health, prosperity, and general welfare of Nebraska residents by preserving and protecting the plant industry and the agricu…
Neb. Rev. Stat. § 2-1074 Definitions, where found.
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For purposes of the Plant Protection and Plant Pest Act, unless the context otherwise requires, the definitions found in sections 2-1074.01 to 2-1089 shall be used.
Neb. Rev. Stat. § 2-1074.01 Biological control, defined.
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Biological control shall mean: (1) The use by humans of living organisms to control or suppress undesirable animals, plants, or microorganisms which affect plants or plant pests; or (2) The action of parasites, predators, pathogens, or competitive organisms on a host or prey popu…
Neb. Rev. Stat. § 2-1075 Biological control agent, defined.
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Biological control agent shall mean a parasite, predator, pathogen, or competitive organism intentionally released by humans for the purposes of biological control with the intent of causing a reduction of a host or prey population.
Neb. Rev. Stat. § 2-1075.02 Certified seed potatoes, defined.
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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.
Neb. Rev. Stat. § 2-1075.03 Certification inspection of Nebraska-grown nursery stock, defined.
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Certification inspection of Nebraska-grown nursery stock shall mean an inspection performed pursuant to section 2-1095.
Neb. Rev. Stat. § 2-1076 Collector, defined.
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Collector shall mean any person who only gathers wild plants for the purpose of distribution.
Neb. Rev. Stat. § 2-1078 Department, defined.
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Department shall mean the Department of Agriculture.
Neb. Rev. Stat. § 2-1078.01 Director, defined.
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Director shall mean the Director of Agriculture or his or her designated employee, representative, or authorized agent.
Neb. Rev. Stat. § 2-1079 Distribute, defined.
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Distribute shall mean selling, exchanging, bartering, moving, or transporting; offering to sell, exchange, barter, move, or transport; holding nursery stock for sale, exchange, or barter; acting as a broker; or otherwise supplying. Distribute shall not include moving or transport…
Neb. Rev. Stat. § 2-1079.01 Distribution location, defined.
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Distribution location shall mean each place nursery stock is offered for sale or sold and shall also include all locations of a vehicle from which nursery stock is offered for sale or sold directly. Distribution location shall not include each location from which an order is made…
Neb. Rev. Stat. § 2-1079.02 Genetically engineered plant organism, defined.
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Genetically engineered plant organism shall mean an organism altered or produced through genetic modification from a donor, vector, or recipient organism using recombinant deoxyribonucleic acid techniques.
Neb. Rev. Stat. § 2-1079.03 Grow, defined.
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Grow shall mean to produce a plant or plant product, by propagation or cultivation, including, but not limited to, division, transplant, seed, or cutting, generally over a period of one year or greater. Grow does not include transferring nursery stock from one container to anothe…
Neb. Rev. Stat. § 2-108 Nebraska State Fair Support and Improvement Cash Fund; created; use; investment.
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The Nebraska State Fair Support and Improvement Cash Fund is created. The fund shall be maintained in the state accounting system as a cash fund. The State Treasurer shall credit to the fund the disbursement of state lottery proceeds designated for the Nebraska State Fair and mat…
Neb. Rev. Stat. § 2-1080.01 Harmonization plan, defined.
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Harmonization plan shall mean any agreement between states, or a state or states and the federal government, designed to limit the spread of a plant pest into or out of a designated area.
Neb. Rev. Stat. § 2-1081 Nuisance plant, defined.
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Nuisance plant shall mean any plant not economically essential to the welfare of the people of Nebraska, as determined by the department, and which may serve as a favorable host of plant pests or may be detrimental to the agricultural interests of the State of Nebraska.
Neb. Rev. Stat. § 2-1082 Nursery, defined.
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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 subd…
Neb. Rev. Stat. § 2-1083 Nursery stock, defined.
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Nursery stock shall mean all botanically classified hardy perennial or biennial plants, trees, shrubs, and vines, either domesticated or wild, cuttings, grafts, scions, buds, bulbs, rhizomes, or roots thereof, and such plants and plant parts for, or capable of, propagation, exclu…
Neb. Rev. Stat. § 2-1083.01 Nursery stock distributor, defined.
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Nursery stock distributor shall mean any person involved in: (1) The acquisition and further distribution of nursery stock; (2) The utilization of nursery stock for landscaping or purchase of nursery stock for other persons; (3) The distribution of nursery stock with a mechanical…
Neb. Rev. Stat. § 2-1084 Person, defined.
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Person shall mean any body politic or corporate, society, community, the public generally, any individual, partnership, limited liability company, joint-stock company, or association, or any agent of any such entity.
Neb. Rev. Stat. § 2-1084.01 Place of origin, defined.
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Place of origin shall mean the county and state where nursery stock was most recently grown for a period of not less than one cycle of active growth.
Neb. Rev. Stat. § 2-1085 Plant, defined.
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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. This shall include all growing …
Neb. Rev. Stat. § 2-1086 Plant pest, defined.
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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.