Nebraska Administrative Code
Topic - AGRICULTURE, DEPARTMENT OF
Title 25 - DEPARTMENT OF AGRICULTURE, BUREAU OF PLANT INDUSTRY
Chapter 2 - PESTICIDE REGULATIONS
Section 25-2-003 - Definitions
Current through March 20, 2024
In addition to the terms listed below, the definition of terms found in the Pesticide Act apply to such terms when found in these regulations.
003.01 LEVEL OF VIOLATION means the alleged violation is a first or subsequent violation.
003.02 FIRST VIOLATION means a violation not meeting the definition of a subsequent violation.
003.03 SUBSEQUENT VIOLATION means the alleged violator has been, found by an order of the director or any court to have committed a violation of the act, or has not contested a violation listed in a settlement agreement or a warning letter, within the three years immediately preceding the date of committing the current alleged violation.
003.04 BASE FINE means the amount of the administrative fine set by regulation for a particular violation of the act prior to any adjustments for gravity or size of business.
003.05 SETTLEMENT AGREEMENT means a written agreement between the department and an alleged violator resolving any matter before the department,
003.06 MINOR HARM means actual or potential harm which is or would be of short duration, has no lasting effects or permanent damage, or is easily reversible, and harm did not or would not result in significant monetary loss.
003.07 SERIOUS OR WIDESPREAD HARM means mean actual or potential harm to human health or to the environment which does not meet the parameters of minor harm.
003.08 FEDERAL CERTIFICATION REGULATIONS means 40 CFR Part 171 as it existed on January 1, 2019 which is found in the July 1, 2018 Edition.
003.09 HANDLER means a person who mixes and loads restricted-use pesticides under the direct supervision of a certified applicator but does not apply such pesticides.
