Section 25-13-012 - Importation and Distribution of Live Plant Pests, Biological Control Agents and SoilsIf any person licensed pursuant to the Act fails to comply with Neb. Rev. Stat. § 2-10,103, the Department may impose an administrative fine pursuant to Neb. Rev. Stat. §§ 2-10,103.01 and 2-10,103.02 and this section.
012.01 The regulation of importation of live plant pests, biological control agents, and soils is authorized under Neb. Rev. Stat. § 2-10,113. 012.01A Persons desiring to import nonindigenous biological control agents, or genetically engineered plant organisms to be used in the open environment are required to obtain a permit prior to shipment from the Department. 012.01A1 Permits issued shall be valid for the period of time specified.012.01A2 Exemptions to 25 NAC 13-012.01A are: 012.01A2a Those nonindigenous biological control agents, or genetically engineered plant organisms which have received a permit issued by the United States Department of Agriculture and Plant Health Inspection Service (USDA/APHIS) and were approved by the Department.012.01A2b Those biological control agents which have received the United States Environmental Protection Agency product registration under section 3 of the Federal Insecticide Fungicide and Rodenticide Act; and012.01A2c Honey bees of the species Apis mellifera.012.01B Regulations for obtaining permission from the Department for the shipment of live plant pests, nonindigenous biological control agents, or soils 012.01B1 All shipments shall be in sturdy escape-proof containers.012.01B2 Each shipment shall be accompanied by a copy of the Department's written authorization of the shipment and a label identifying the shipment.012.01B3 Any shipment which is not authorized by this section shall be destroyed after the Department has been notified or returned to the shipment's point of origin.012.01B4 The containment of plant pests utilized for research, analysis, or other educational purposes shall comply with safety standards for laboratory and greenhouse set out in Safeguard Guidelines for Containment of Plant Pests Under Permit by the United States Department of Agriculture and Plant Health Inspection Service, Plant Protection and Quarantine (USDA/APHIS PPQ, APHIS) 81-61, June, 1983.012.02 The amount of the fine assessed under this section shall be determined by the Director based on the type of violation, the level of violation, and whether or not facts exist to prove mitigating factors or aggravating factors. 012.02A The Director shall determine the fine based on the fine assignment schedule tables as follows: 012.02A1 For type I violations, the Fine Assignment Schedule Table in 25 NAC 13-014.01 shall be used.012.02A2 For type II violations, the Fine Assignment Schedule Table in 25 NAC 13-014.02 shall be used.012.02A3 For type III violations, the Fine Assignment Schedule Table in 25 NAC 13-014.03 shall be used.012.03 The Director shall apply the median fine unless mitigating factors or aggravating factors are found or when the aggravating factors or mitigating factors are equivalently cogent.012.04 An alleged violator shall be subject to the assessment of a fine for each commission of a violation, but may not be fined for any lesser included violation, arising out of the same act, if the alleged violator has been fined for the greater violation.25 Neb. Admin. Code, ch. 13, § 012