Nebraska Administrative Code
Topic - AGRICULTURE, DEPARTMENT OF
Title 25 - DEPARTMENT OF AGRICULTURE, BUREAU OF PLANT INDUSTRY
Chapter 7 - NEBRASKA SEED LAW REGULATIONS
Section 25-7-006 - Enforcement Orders

Universal Citation: 25 NE Admin Rules and Regs ch 7 ยง 006

Current through March 20, 2024

Three enforcement orders to be used in administering the provisions of the law and this rule shall be stop sale orders, relabel to comply orders, and minor violation warning orders. A description of the utilization of each order follows:

006.01 Stop sale orders shall be issued with respect to the following:

006.01A Products found to be outside of tolerance with respect to germination.

006.01B Products found to be outside of tolerance with respect to weed seed and Nebraska noxious weed seed.

006.01C Products ^found to be double or more out of, tolerance with respect to pure seed, crop seed, inert matter, or coating material.

006.01D Products found to bear an expired test date, date of expiration, sell by, or year packed for date,

006.01E Products found to be outside of tolerance with respect to Pure Live Seed (PLS).

006.01F Products labeled by a person in violation of, not labeled in accordance with, or products causing any person to be in violation of the Nebraska Seed Law.

006.02 Relabel to comply orders shall be issued with respect to the following:

006.02A All products found to be in violation of the labeling provisions of the law, so long as the labeling violations are the only violations found, and so long as the labeling violations are not of a type having an affect on the quality of the seed; or

006.02B Products found to be less than double out of tolerance but more than one-half of one percent out of tolerance with respect to pure seed, crop seed, inert matter, or coating material.

006.03 Minor violation warning orders shall be issued with respect to products found to be less than or equal to one-half of one percent out of tolerance with respect to purity, crop seed, inert matter, or coating material.

006.04 A stop sale order shall mean that the products covered thereby cannot be sold until the order has been officially released. A stop sale order may be released on all agricultural, vegetable, and flower seed upon compliance with the terms of the act. The director may issue a release from a stop sale order when satisfied that:

006.04A The seed has been relabeled to comply with official test findings and a copy of the new label or tag has been furnished the Department, or

006.04B The seed has been reconditioned, an official sample taken, a new official test completed, and labeled with the new official test results, or

006.04C The seed has been returned to the supplier marked, "NOT FOR SALE" or similarly identified as not available to any purchaser by sale, trade, or exchange.

006.05 A relabel to comply order shall specify the relabeling required within 14 days of such order, unless an extension of time is sought and obtained from the Department for good cause shown.

006.06 A minor violation warning order shall not require any specific actions to be taken, but shall constitute notice of deficiencies needing future corrective actions.

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