25 Neb. Admin. Code, ch. 13, § 008

Current through September 17, 2024

Section 25-13-008 - Labeling and Shipment of Nursery Stock

008.01 The proper labeling and record keeping of nursery stock distributed or received by nursery stock distributors and those with optional inspections is authorized by Neb. Rev. Stat. §§ 2-1091.01, 2-10,106, 2-10,108, and 2-10,116 of the Act.

008.01A All nursery stock distributed in Nebraska shall be individually labeled to include:

008.01A1 Correct common name or botanical name; and

008.01A2 Place of origin of nursery stock except that container grown or potted nursery stock of one gallon or less is not required to have an individual place of origin label.

008.01A2a Place of origin labels may be in code, provided the Department is given access to the code.

008.01B Nursery stock distributors and those with optional inspections shall maintain and make documents available to the Department for three years shipment records, packing slips, and other records including:

008.01B1 The name and address of any person from which nursery stock was received and the receiving date;

008.01B2 The name and quantity of the contents;

008.01B3 The place of origin and documentation required to prove compliance with any applicable state or federal quarantine or certification requirement; and

008.01B4 A license or its equivalent issued by the recognized authorized agency stating that the nursery from which the nursery stock originates has been inspected and the nursery stock certified.

008.01C All collected nursery stock shall be labeled as collected.

008.01D When grade classifications are declared, they shall be in accordance with those adopted pursuant to 25 NAC 13-002 in addition to the requirements in Neb. Rev. Stat. § 2-10,106 of the Act.

008.01E When nursery stock is distributed in a group or bundle of the same species and variety, a label on the group or bundle shall be an adequate label and shall include the requirements in Neb. Rev. Stat. § 2-10,106 of the Act.

008.01F When nursery stock is from a quarantined area or area identified as infested and requiring certification as part of a recognized harmonization plan or similar program, the shipment must include the proper documentation and compliance labeling of any applicable federal or state quarantine or other certification requirement.

008.01G When nursery stock is distributed to the final customer and planted, the label may be omitted if the information required in 25 NAC 13-00801A for that nursery stock is listed on the invoice or receipt.

25 Neb. Admin. Code, ch. 13, § 008