§ 2-1095 — Nursery stock distributors; nursery stock; certification inspection; application; distribution; restrictions; treatment or destruction of stock; department; powers

Nebraska § 2-1095

• Jurisdiction: Nebraska
• Ch. 2: Agriculture

Text

(1) All nursery stock
distributors that distribute any nursery stock that they grow shall apply
for an additional inspection for the certification of the Nebraska-grown nursery
stock as provided in this section. The nursery stock distributor shall apply
for such certification inspection of the Nebraska-grown nursery stock as part
of the application for the nursery stock distributor license described in
section 2-1091.01 .
(2)(a) Applications for certification inspection of Nebraska-grown
nursery stock that are due on January 1 pursuant to section 2-1091.01 and
are not received prior to February 1 and initial applications not received
prior to beginning of distribution shall be considered delinquent. Such applications
shall have an inspection fee as set forth in section 2-1091.02 .
(b) Inspection
time shall include the driving time to and from the location of the inspection
in addition to the time spent conducting the inspection, and the mileage charge
shall be for the purpose of inspection.
(3) Each nursery stock distributor shall
post signs delineating sections of all growing areas. A section shall be not
larger than five acres.
(4) All growing areas within the state shall be inspected by the
department at least once per year for certification and compliance with the
Plant Protection and Plant Pest Act.
(5) Following the certification inspection of Nebraska-grown nursery stock, the department
shall provide a copy of the plant inspection report to the nursery
stock distributor specifying any area of the nursery from which
nursery stock cannot be distributed or any plants which may not be distributed
as nursery stock. When deemed necessary to maintain compliance with the purposes
of the Plant Protection and Plant Pest Act, the department shall require the nursery stock distributor to withdraw from distribution
any variety or amount of nursery stock. A reinspection may be conducted by
the department at the nursery stock distributor's request
and cost. The department may also reinspect to determine compliance with the
act. To determine the cost of any reinspection, the department shall use fees as outlined in subsection (2) of this section. The nursery stock distributor shall comply with
the recommendations of the department as to the treatment or destruction of
nursery stock.
(6) The department may require
the treatment or destruction of any nursery stock that is infested or infected
with plant pests, nonviable, damaged, or desiccated to the point of not being
reasonably capable of growth.
(7) Any nursery stock on which
a withdrawal-from-distribution order has been issued shall be released for
distribution only by authorized department employees or after written permission
has been obtained from the department. Each nursery stock distributor shall
promptly report to the department, in writing, the amount and type of plants
treated or destroyed under requirements on withdrawal-from-distribution orders.
The department may withhold a license or certification of Nebraska-grown nursery
stock until conditions have been met by the nursery
stock distributor as specified in the plant inspection report
or any other order issued by the department. A certification of Nebraska-grown stock may be
issued covering portions of the nursery which are not infested or infected
if the nursery stock distributor agrees
to treat, destroy, or remove as specified by the department those plants found
to be infested or infected.

Legislative History

Source: Laws 1988, LB 874, § 24; Laws 1993, LB 406, § 15; Laws 2013, LB68, § 10.