The Nebraska Department of Agriculture (NDA) has jurisdiction for most pesticide regulation in Nebraska. It derives this authority from the Nebraska Pesticide Act, which was enacted in 1994. Prior to this law, the U.S. Environmental Protection Agency had the lead role in regulating pesticides in the state. The U.S. EPA still retains oversight for how the federal pesticide law (FIFRA) is administered by the NDA.

The Nebraska Pesticide Act allows the NDA to regulate the registration, transportation, storage, sales, use, and disposal of pesticides. One important aspect of this regulation is to understand the term "pesticide". A pesticide is any substance or mixture of substances intended to prevent, destroy, repel, or mitigate any pest. By definition, pesticides include insecticides, herbicides, rodenticides, fungicides, biocides, disinfectants, sanitizers, as well as plant regulators, defoliants, baits, and certain poisons.

The NDA does not regulate the process of applying pesticides in irrigation water (chemigation) or facilities where pesticides are mixed or loaded. These two functions are regulated by the Nebraska Department of Environmental Quality.

The NDA also regulates pesticides by certifying and licensing the people who apply pesticides and licensing pesticide dealers.

NDA Pesticide Inspectors conduct routine inspections of pesticide dealers, applicators, and marketplaces where pesticides are sold. Over 500 routine inspections are conducted by the NDA every year. Documentation of violations of the Nebraska Pesticide Act are reviewed and processed for enforcement action following the procedure detailed in the section The Case Development and Review Process.

Formal Complaints:
A formal complaint can be submitted by a person who contacts the NDA, either by telephone or in writing, reporting an alleged pesticide violation. The individual reporting the problem provides their name, address, telephone number, and background information related to the problem. They become a part of the investigation by agreeing to be interviewed and provide the NDA with a written statement regarding their concerns. Formal complainants can declare their desire to remain anonymous, however, any documents containing their name becomes a part of the complaint file, which will eventually be made available as a public record.

Anonymous Tips:
The NDA follows up on credible anonymous tips. Experience has shown that the majority of these types of leads often result in discovery of significant violations of the Nebraska Pesticide Act. Anonymous tips often are received from employees of pesticide applicators or dealers who fear retaliation, or neighbors involved in disputes they wish to keep from escalating. The NDA investigates anonymous tips similar to formal complaints, but the burden of proof for the NDA is greater if enforcement action is to be considered.

Once a Pesticide Inspector has completed a facility inspection or collected all available evidence involved in a complaint, he/she will write a narrative report explaining the facts of the case. This report is written with the intent of informing the NDA's Case Review Officer of the facts of the inspection or complaint investigation. The language used is sometimes technical; how the report is written is important in order to provide the Case Review Officer a clear understanding of the facts. The written narrative, together with the documentary evidence collected by the inspector, makes up the completed case report.

Specific Violations:
Specific violations of the Nebraska Pesticide Act are listed in Section 2-2646 of the Act.

Penalty Matrix:
The penalty matrix has been incorporated into regulation, and is listed in Section 007, Title 25, Chapter 2 of the Nebraska Administrative Code. The penalty matrix is the formal guidance used by the NDA to determine the gravity of harm caused by any given violation of the Act, and what type of enforcement response the NDA should take for the violation. It helps the NDA ensure consistency in administrative enforcement from case to case, and allows for a maximum of $5,000 per violation, which is usually reduced for various factors listed in the penalty matrix.

The field inspector, Program Manager, and Case Review Officer work together to develop and complete a complaint investigation report. The Program Manager reviews the report and forwards the report to the Case Review Officer for review.

The Case Review Officer determines if violations of the Nebraska Pesticide Act have been documented, and if so, determines what the appropriate enforcement response should be. If no violations have been documented, the case is closed and the parties involved are contacted by mail to inform them of the closure of the case file. If violations are documented, the Case Review Officer calculates the appropriate penalties based from the Penalty Matrix, and submits the case to the Bureau Division Administrator and NDA Legal Counsel for administrative approval of the penalty. Administrative penalties will extend the closure of the case file by one to two months, depending on the nature of the case and the willingness of the violator to settle outside of formal hearing.

A Pesticide Inspector's job is to conduct routine inspections and complaint follow-up investigations related to pesticide sales, distribution, and use. NDA Pesticide Inspectors are specifically required to collect evidence in the form of documents, physical samples, and written statements to support inspections or complaint investigations. By NDA policy, they are not allowed to discuss information collected in the case, and are to refer all requests for information to the Program Manager in Lincoln. Additionally, a Pesticide Inspector has specific protocols to follow when collecting documents or other evidence during the course of an inspector or complaint investigation.

The Nebraska Pesticide Act does not include language that would allow a damaged party to collect compensation for their damage. Therefore, as a matter of policy, an NDA Pesticide Inspector will only calculate damage in order for the Case Review Officer to determine the extent of damage as outlined in the Penalty Matrix.

By NDA policy, all information, other than personal medical or social security information collected by the NDA, is considered public information. Release of this information is provided once the NDA considers the case file closed and upon written request. Current state policy requires state agencies to provide copies of public records at cost or for free. On situations where a large number of records are requested, the NDA may calculate the cost of copying the case file and request payment in advance.