Nebraska Statutes 81-2,147.07. Seeds not in compliance with law; remedies; procedure
(1) Any lot of agricultural, vegetable, or flower seed not in compliance with the Nebraska Seed Law shall be subject to seizure on complaint of the director to a court of competent jurisdiction in the locality in which the seed is located. In the event the court finds the seed to be in violation of such law and orders the condemnation thereof, it shall be denatured, conditioned, destroyed, relabeled, or otherwise disposed of in compliance with the laws of this state, except that in no instance shall the court order such disposition of the seed without first having given the claimant an opportunity to apply to the court for the release of the seed or permission to condition or relabel it to bring it into compliance with such law.
Terms Used In Nebraska Statutes 81-2,147.07
- Attorney: shall mean attorney at law. See Nebraska Statutes 49-801
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- State: when applied to different states of the United States shall be construed to extend to and include the District of Columbia and the several territories organized by Congress. See Nebraska Statutes 49-801
(2) It shall be the duty of the county attorney of the county in which the seed is located or the Attorney General when notified by the Department of Agriculture of such need for seizure to institute appropriate proceedings without delay.
Source
- Laws 1969, c. 759, § 8, p. 2874;
- Laws 1985, LB 460, § 20;
- Laws 1990, LB 37, § 7.