Nebraska Administrative Code
Topic - AGRICULTURE, DEPARTMENT OF
Title 25 - DEPARTMENT OF AGRICULTURE, BUREAU OF PLANT INDUSTRY
Chapter 2 - PESTICIDE REGULATIONS
Section 25-2-009 - Emergency Exemption Permit

Universal Citation: 25 NE Admin Rules and Regs ch 2 ยง 009

Current through March 20, 2024

009.01 The department may allow the application of a pesticide under an emergency exemption contingent upon continued compliance by the registrant of the pesticide with the provisions of the Pesticide Act and these rules and regulations.

009.02 The registrant of an emergency exemption pesticide is obligated to ensure that such pesticide is distributed only to those persons who have obtained a permit to distribute such pesticide in Nebraska.

009.03 Application. Any person wishing to distribute, including those persons only distributing to other dealers, an emergency exemption pesticide may make application to the department for a permit on forms provided by the department. Only persons holding such permits are allowed to distribute the pesticide for such application.

009.04 issuance. The department may issue an emergency exemption permit to applicants who have completed the application and who have agreed to abide by the conditions set out in 009.05 below. Permits are valid until the dates specified on the permit, unless sooner revoked by the department for a violation by the holder of the provisions of the act or the rules and regulations.

009.05 Conditions. All permits issued under 009.04 above are subject to the following;

009.05A Only products approved by the department pursuant to this regulation are allowed to be distributed as identified on the permit.

009.05B Distribution is only allowed to be made to persons holding an emergency exemption permit, or the end user of the emergency exempted pesticide.

009.05C No distribution is allowed to in any way violate the restrictions of the label, or emergency labeling of the pesticide. The label and the emergency labeling is to be provided with the distribution of the pesticide.

009.05D No distribution is allowed to be made to any person whom the department has determined has violated the provisions of this rule and regulation or has violated the provisions of any emergency exemption permit issued to that person.

009.05E Persons distributing pesticides under an emergency exemption permit are only allowed to do so if they maintain records of distributions for at least three (3) years following the effective date of the distribution. Such records are the same as those required for a restricted-use pesticide as set forth in 006.03 above. In addition, a final report is to be submitted to the Department of Agriculture of all distributions of the pesticide within 60 days following the end of the season or expiration of the permit.

009.06 Notification. Any person that is aware of any adverse affects resulting from the pesticide is to report such information to the department.

Disclaimer: These regulations may not be the most recent version. Nebraska may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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