Inspection and Certification of Plants and Plant Products for Export

009 Inspection and Certification of Plants and Plant Products for Export. 009.01 The inspection of plants and plant products for export, the issuance of phytosanitary or export certificates, and fees assessed is authorized in Neb. Rev. Stat. §§2-1091 and 2-10,110 of the Act. 009.01A Most states and foreign countries have quarantines, requirements, and regulations that must be met before a plant or plant product may be imported into their state or country. Nebraska plants and plant products would not be admissible into the receiving state or foreign country unless those shipments were inspected and certified by the appropriate plant regulatory agency. 009.01B An exporter of plants or plant products desiring to ship plants, plant products or associated materials from Nebraska to a state or foreign country requiring a phytosanitary or export certificate shall submit an application to the Department. The application shall be made on forms provided or approved by the Department. 009.01C The Department shall conduct inspections of plants, plant products, associated materials or facilities for persons that have applied for or intend to apply for a phytosanitary or export certificate from the Department. Inspections shall include one or more of the following: 009.01C(1) An inspection of the plants, plant products or associated materials intended for export under a phytosanitary or export certificate and if necessary; or 009.01C(2) Field inspections of growing plants to determine presence or absence of plant diseases, weeds or other plant pests; 009.01C(3) Laboratory diagnosis for presence or absence of plant diseases, weed seed, nematodes or other plant pests; or 009.01C(4) Observation and evaluation of procedures and facilities utilized in handling plants and plant products; or 009.01C(5) Review of the United States Department of Agriculture Federal Grain Inspection Service (USDA/FGIS) Official Export Grain Inspection Certificate logs. 009.01D The Department may issue a phytosanitary or export certificate if the plants or plant products satisfactorily meet the requirements of the importing state or foreign country and the United States Department of Agriculture and Plant Health Inspection Service (USDA/APHIS) requirements. The requirements of the destination state or country shall be met by the applicant. 009.01E The Department shall assess fees to cover the costs of phytosanitary inspection work. Any fee more than one month late shall have an additional fee of 25% of the total fees due assessed for each month the fees are late, not to exceed 100% of the original amount due. The inspection fee shall include mileage and inspection time. 009.01E(1) Mileage charge - $0.42 per mile. 009.01E(2) Inspection time - $24.00 per hour. 009.01E(3) Inspection time shall include the driving time to and from the location in addition to the time spent conducting the phytosanitary inspection work. 009.01E(4) Except as provided in 25 NAC 13-009.01E5, a fee of $30.00 shall be assessed for each phytosanitary or export certificate issued in addition to any other charges as described in -009.01E6, -009.01E7 and -009.01E8. 009.01E(5) A fee of $10.00 shall be assessed for each phytosanitary or export certificate issued, in addition to any other charges as described in -009.01E6, -009.01E7 and -009.01E8 for the following applicants: 009.01E(5)(a) Any university or college needing a phytosanitary or export certificate for academic research purposes; 009.01E(5)(b) Any agency, board, or commission of the state of Nebraska; and 009.01E(5)(c) Any licensed nursery stock distributor requesting a phytosanitary or export certificate for nursery stock shipments. 009.01E(6) Any application made to the Department by telephone shall be assessed an additional fee of $7.00. 009.01E(7) Any fee charged to the Department by the United States Department of Agriculture for the issuance of a phytosanitary or export certificate shall be paid by the applicant. 009.01E(8) Any fee charged to the Department by a laboratory for diagnostic services or any shipping costs related to phytosanitary inspection work shall be paid by the applicant. 009.01F The Department shall refuse the issuance of a phytosanitary or export certificate for any of the following reasons: 009.01F(1) Failure of the plants, plant products or associated materials to meet quarantine requirements, regulations, or other phytosanitary measures imposed by the state or country for which the phytosanitary or export certificate is being requested. 009.01F(2) Failure to completely or accurately provide the information requested on the application form or other required information necessary to determine the product meets entry requirements of the receiving state or country. 009.01F(3) Failure to ship the exact plants or plant products which were inspected and approved. 009.01F(4) Failure to pay any fees or costs due the Department.