Nebraska Administrative Code
Topic - AGRICULTURE, DEPARTMENT OF
Title 25 - DEPARTMENT OF AGRICULTURE, BUREAU OF PLANT INDUSTRY
Chapter 13 - PLANT PROTECTION AND PLANT PEST ACT REGULATIONS
Section 25-13-010 - Compliance with European Corn Borer Quarantines Maintained in Other States of the United States

010.01A Statement of Purpose - The European corn borer (Ostrinia nubilalis) is an insect found statewide in Nebraska and causes severe damage to various plants. However, this insect is not distributed across the entire United States. There are states and a Canadian province which have imposed and maintain a quarantine prohibiting the introduction of this pest into their state. The quarantines maintained by these states and provinces prevent the shipment of Nebraska grown corn, sorghum, broomcorn, and sudan grass unless such shipments have been duly certified to have been treated in a manner that would exclude the live larvae of the European corn borer.

010.01B Any grain distribution facility desiring to originate shipments of corn, sorghum, broomcorn, or sudan grass to states maintaining European corn borer quarantines may apply for an inspection of their facilities and equipment by the Department. An application shall be made on forms provided by the Department. After enrollment in the program, it shall be the responsibility of the facility manager or the facility's appointed person to review the screening and loading process of quarantine commodities.

010.01C When conducting inspections of grain distribution facilities, the Department shall be guided by the requirements of those states and provinces maintaining quarantines The requirements of the destination state or province shall be met The Department shall maintain current information with respect to the quarantine requirements of the individual states and provinces and shall make available such information to the grain distribution facilities within the state.

010.01D The Department shall conduct inspections of the grain distribution facilities upon initial request to enter into the European corn borer quarantine program After initial enrollment into the program, periodic inspections shall be conducted Inspections may include one or more of the following:

010.01E The Department shall issue a European Corn Borer Quarantine Certification License to those facilities which have submitted an application, met the requirements of those states and provinces maintaining quarantines and paid the annual fee. The certificate shall be valid for one year after issuance unless revoked sooner by the Department. European Corn Borer Certificates may not be sold to a person until the European Corn Borer Quarantine Certification License has been issued to the facility.

010.01F The Department shall assess the following fees for the issuance of a European Corn Borer Quarantine Certification License and European Corn Borer Certificates. Any fee more than one month late shall have an additional fee of 25% of the total fees due assessed for each month the fees are late, not to exceed 100% of the original amount due.

010.01G The Department may revoke a European Corn Borer Quarantine Certification License and recall, without reimbursement, any outstanding European Corn Borer Certificates issued under the License for any of the following reasons:

010.01H In addition to the revocation and recall provisions of these regulations for European Corn Borer Quarantine Certification License or European Corn Borer Quarantine Certificates, the Department may pursue any enforcement action provided for in the Act including issuing an administrative fine.