The New York State Senate

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8431

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                              June 18, 2019
                               ___________

Introduced by M. of A. LUPARDO -- (at request of the Department of Agri-
  culture  and  Markets)  --  read once and referred to the Committee on
  Agriculture

AN ACT to amend the agriculture and markets law and  the  real  property
  tax law, in relation to bee health and the beekeeping industry; and to
  repeal  certain provisions of the agriculture and markets law relating
  thereto

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  169-d  of  the  agriculture  and  markets law is
REPEALED.
  § 2. Article 15 of the agriculture and markets law, as added by  chap-
ter 166 of the laws of 1925, sections 173, 174, 175 and 175-b as amended
by  chapter  430  of  the  laws of 1985, subdivision 9 of section 174 as
added by chapter 276 of the laws of 2000, section 175-c  as  amended  by
chapter  310  of  the laws of 1962 and section 175-d as added by chapter
398 of the laws of 1938, is amended to read as follows:
                               ARTICLE XV

                              BEE DISEASES

Section 173.   APIARY INDUSTRY ADVISORY COMMITTEE.
        173-A. DEFINITIONS.
        173-B. Eradication of bee diseases and certain insects affecting
                 bees.
        173-C. COOPERATIVE HONEYBEE HEALTH IMPROVEMENT PROGRAM.
        174.   Keeping of diseased and banned bees prohibited; existence
                 of disease to be reported.
        175.   [Transportation of bees and bee material.
        175-b.] Rules and regulations.
        [175-c] 175-A. Review by court.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD09084-09-9

A. 8431                             2

        [175-d.] 175-B. Violations; remedies.
  § 173. APIARY  INDUSTRY  ADVISORY COMMITTEE. 1. THERE IS HEREBY ESTAB-
LISHED WITHIN THE DEPARTMENT AN APIARY INDUSTRY ADVISORY COMMITTEE WHICH
SHALL CONSIST OF NO MORE THAN FIFTEEN MEMBERS TO  BE  APPOINTED  BY  THE
COMMISSIONER  BASED  ON  THEIR  EXPERIENCE  AND  EXPERTISE IN THE APIARY
INDUSTRY. OF THE MEMBERS SO APPOINTED, AT LEAST TWO MEMBERS SHALL REPRE-
SENT EACH OF THE THREE SECTORS OF THE APIARY INDUSTRY, COMMERCIAL  BEEK-
EEPERS,  PART-TIME  BEEKEEPERS  AND  HOBBYIST  BEEKEEPERS;  AT LEAST ONE
MEMBER SHALL REPRESENT THE HORTICULTURE OR VEGETABLE  INDUSTRY  AND  ONE
MEMBER SHALL BE AN OFFICER OR EMPLOYEE OF THE CORNELL COOPERATIVE EXTEN-
SION  SERVICE  OR  THE  NEW  YORK  STATE COLLEGE OF AGRICULTURE AND LIFE
SCIENCES AT CORNELL UNIVERSITY. MEMBERS SHALL BE APPOINTED FOR A TERM OF
THREE YEARS AND MAY SERVE UNTIL THEIR SUCCESSORS  ARE  CHOSEN  PROVIDED,
HOWEVER,  THAT  OF  THE  MEMBERS FIRST APPOINTED, FIVE SHALL SERVE FOR A
TERM OF ONE YEAR, FIVE SHALL SERVE FOR A TERM OF  TWO  YEARS,  AND  FIVE
SHALL SERVE FOR A TERM OF THREE YEARS. MEMBERS SHALL SERVE WITHOUT SALA-
RY.  THE COMMISSIONER OR HIS OR HER DESIGNEE SHALL BE THE CHAIRPERSON OF
THE COMMITTEE.
  2. THE DUTIES AND RESPONSIBILITIES OF  THE  APIARY  INDUSTRY  ADVISORY
COMMITTEE  SHALL  INCLUDE PROVIDING ADVICE, COMMENTS AND RECOMMENDATIONS
TO THE COMMISSIONER  REGARDING  STATE  GOVERNMENT  PLANS,  POLICIES  AND
PROGRAMS  AFFECTING  THE  APIARY  INDUSTRY AND SUCH OTHER MATTERS AS THE
COMMISSIONER MAY REQUEST IN RELATION TO THIS ARTICLE.
  3. THE ADVISORY COMMITTEE SHALL MEET AT LEAST ONCE ANNUALLY, AT  TIMES
AND PLACES SET BY THE COMMISSIONER.
  4.  THE  COMMISSIONER  MAY ASK OTHER INDIVIDUALS TO ATTEND THE COMMIT-
TEE'S MEETINGS OR WORK WITH IT AS NEEDED.
  § 173-A. DEFINITIONS. WHEN USED IN THIS ARTICLE:
  1. "APIARY" SHALL MEAN ANY LOCATION  USED  FOR  RAISING  HONEYBEES  OR
PRODUCING HONEY OR OTHER BEE RELATED PRODUCTS.
  2. "COLONY" SHALL MEAN ANY PRODUCTION UNIT OF BEES.
  3. "NUCLEUS COLONY OR NUCS" SHALL MEAN A STARTER COLONY, CONSISTING OF
A LAYING QUEEN AND UP TO FIVE FRAMES OF BROOD AND BEES.
  4.  "BEEKEEPER"  SHALL  MEAN  ANY  INDIVIDUAL OR ENTITY THAT MAINTAINS
MANAGED HONEYBEES FOR PROFIT,  RESEARCH,  RECREATIONAL,  OR  EDUCATIONAL
PURPOSES.
  §  173-B.  Eradication  of  bee diseases and certain insects affecting
bees.  The commissioner may cause inspections to be made of apiaries  in
the  state  for  the discovery of infectious, contagious or communicable
diseases and for  the  discovery  of  insects  and  parasitic  organisms
adversely affecting bees, and for the discovery of species or subspecies
of  bees  which have been determined by him to cause injury, directly or
indirectly, to this state's [useful] MANAGED bee population,  crops,  or
other  plants.  [He]  THE COMMISSIONER SHALL PROVIDE A BEEKEEPER OR SUCH
BEEKEEPER'S DESIGNATED AGENT  WITH  REASONABLE  ADVANCE  NOTICE  OF  ANY
INSPECTION  OF AN APIARY. THE COMMISSIONER may also cause investigations
to be made as to the best method for  the  eradication  of  diseases  of
bees,  insects  or  parasitic organisms adversely affecting bees, or for
the eradication of species or subspecies of bees which have been  deter-
mined by [him] THE COMMISSIONER to cause injury, directly or indirectly,
to  this state's [useful] MANAGED bee population, crops, or other plants
and [he] THE COMMISSIONER may plan and execute appropriate  methods  for
such eradication.
  The commissioner shall have access to all apiaries, structures, appli-
ances, BUILDINGS, VEHICLES, AIRPLANES, VESSELS, PLACES or premises where
bees  or  honey  or  comb used in apiaries may be[. He] AND may open any

A. 8431                             3

hive, colony, package or receptacle of any kind containing or which [he]
THE COMMISSIONER has reason to believe  contains  any  bees,  comb,  bee
products,  used beekeeping appliances, or anything else which is capable
of  transmitting  contagious  or infectious diseases of bees or which is
capable of harboring insects or parasitic organisms adversely  affecting
bees,  or  species  or  subspecies of bees which have been determined by
[him] THE COMMISSIONER to cause injury, directly or indirectly, to  this
state's [useful] MANAGED bee population, crops, or other plants.
  §  173-C.  COOPERATIVE  HONEYBEE  HEALTH  IMPROVEMENT  PROGRAM.  1. IN
SUPPORT OF THE DUTIES OUTLINED IN THIS ARTICLE, AS WELL AS THE GOALS AND
OBJECTIVES FOR POLLINATOR PROTECTION; THE COMMISSIONER  SHALL  CREATE  A
COOPERATIVE HONEYBEE HEALTH IMPROVEMENT PROGRAM WHICH WILL REQUIRE:
  (A)  ALL  BEEKEEPERS  SHALL  PROVIDE TO THE COMMISSIONER THE NUMBER OF
MANAGED COLONIES AND THE COUNTY IN  WHICH  EACH  OF  THESE  COLONIES  IS
LOCATED;  AND  CURRENT CONTACT INFORMATION OF THE INDIVIDUAL OR INDIVID-
UALS RESPONSIBLE FOR THE CARE OF THESE BEES. ALL BEEKEEPERS  SHALL  ALSO
INDICATE  WHETHER THEY INTEND TO SELL NUCLEUS COLONIES NUCS. THIS INFOR-
MATION SHALL BE UPDATED AND PROVIDED TO THE COMMISSIONER  ON  AN  ANNUAL
BASIS.
  (B) THE DEPARTMENT SHALL USE THIS INFORMATION TO COMMUNICATE THE INCI-
DENCE  OF INFECTIOUS DISEASES AND PARASITES AT THE COUNTY LEVEL TO BEEK-
EEPERS AND BEE CLUBS AND TO NOTIFY BEEKEEPERS OF THE POTENTIAL NEED  FOR
THE  DEPARTMENT  TO  PROHIBIT  THE  MOVEMENT  OR  SELLING OF DISEASED OR
INFESTED BEES OR REQUIRE THE DESTRUCTION OF SUCH  BEES.  THE  DEPARTMENT
SHALL  ALSO  USE THIS INFORMATION TO ESTABLISH THE BOUNDARIES OF DISEASE
AND PARASITE INFESTATIONS IN THE AREA SURROUNDING A CONFIRMED DISEASE OR
PARASITE INFESTATION.
  (C) ANY INDIVIDUAL OR BUSINESS THAT  INTENDS  TO  SELL  NUCS  PRODUCED
WITHIN AND OFFERED FOR SALE TO OTHER PERSONS IN NEW YORK MUST FIRST HAVE
AN  INSPECTION  OF  ITS  APIARIES,  AS AUTHORIZED BY SECTION ONE HUNDRED
SEVENTY-THREE-B OF THIS ARTICLE, BY  THE  DEPARTMENT  WHICH  INSPECTIONS
SHALL CONTINUE ON AN ANNUAL BASIS, SO LONG AS NUCS ARE OFFERED FOR SALE.
THESE  INSPECTIONS SHALL ASCERTAIN WHETHER SUCH BEEKEEPER'S APIARIES ARE
FREE FROM AMERICAN FOULBROOD AND  WHETHER  LEVELS  OF  OTHER  INFECTIOUS
DISEASES  AND PARASITES IN THE OPERATION RENDER THE NUCS UNFIT FOR SALE.
ANY INDIVIDUAL OR BUSINESS WHOSE APIARIES ARE FOUND TO BE INFESTED  WITH
AMERICAN  FOULBROOD,  AFTER LABORATORY CONFIRMATION, SHALL BE PROHIBITED
FROM SELLING NUCS FOR A PERIOD OF ONE YEAR, OR UNTIL  THE  APIARIES  ARE
INSPECTED AND LABORATORY RESULTS INDICATE THEY ARE FOUND TO BE FREE FROM
AMERICAN FOULBROOD.
  (D)  NO  PERSON  SHALL  KNOWINGLY TRANSPORT, MOVE, BUY, SELL, POSSESS,
BARTER, OFFER FOR SALE OR BARTER, DELIVER, OR OFFER  FOR  TRANSPORTATION
ANY  SPECIES  OR  SUBSPECIES  OF  BEES WHICH HAVE BEEN DETERMINED BY THE
COMMISSIONER TO CAUSE INJURY, DIRECTLY  OR  INDIRECTLY,  TO  THE  PUBLIC
SAFETY  OR  TO  THIS  STATE'S  MANAGED  BEE  POPULATION, CROPS, OR OTHER
PLANTS; PROVIDED, HOWEVER, THAT THE COMMISSIONER  MAY,  AT  HIS  OR  HER
DISCRETION,  EXEMPT  THE  TRANSPORTATION, SALE, POSSESSION, MOVEMENT, OR
DELIVERY OF SUCH BEES USED FOR SCIENTIFIC OR EDUCATIONAL PURPOSES  UNDER
SUCH SAFEGUARDS AS DEEMED NECESSARY BY THE COMMISSIONER.
  (E) EVERY SHIPMENT OF LIVE BEES IN CAGES OR PACKAGES WITHOUT COMB INTO
THIS  STATE  FROM ANOTHER STATE OR FOREIGN COUNTRY, SHALL BE ACCOMPANIED
BY A PERMIT ISSUED BY THE COMMISSIONER, OR BY A CERTIFICATE  OF  FREEDOM
FROM  DISEASE  EXECUTED  BY AN OFFICIAL OF SUCH STATE OR FOREIGN COUNTRY
RECOGNIZED BY THE COMMISSIONER.
  (F) EVERY SHIPMENT OF A COLONY OF BEES,  USED  COMB,  USED  BEEKEEPING
EQUIPMENT,  OR  LIVE  BEES ON COMB INTO THIS STATE FROM ANOTHER STATE OR

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FOREIGN COUNTRY, SHALL BE ACCOMPANIED BY A PERMIT ISSUED BY THE  COMMIS-
SIONER OR BY A CERTIFICATE OF FREEDOM FROM DISEASES AND PARASITIC ORGAN-
ISMS  ADVERSELY  AFFECTING  BEES  AND FROM SPECIES OR SUBSPECIES OF BEES
WHICH  HAVE BEEN DETERMINED BY THE COMMISSIONER TO CAUSE INJURY DIRECTLY
OR INDIRECTLY, TO THE PUBLIC SAFETY OR TO THE STATE'S MANAGED BEE  POPU-
LATION,  CROPS, OR OTHER PLANTS; AND CERTIFYING THAT A PROPER INSPECTION
WAS MADE NOT EARLIER THAN SIXTY DAYS PRECEDING  THE  DATE  OF  SHIPMENT.
SUCH  CERTIFICATE  SHALL  BE EXECUTED BY THE CERTIFYING OFFICIAL OF SUCH
STATE OR FOREIGN COUNTRY.  A  DUPLICATE  OF  SUCH  CERTIFICATE  MUST  BE
RECEIVED  BY  THE  DEPARTMENT BEFORE ANY SUCH SHIPMENT ENTERS THE STATE.
EVERY TRANSPORTATION COMPANY THAT KNOWINGLY RECEIVES SUCH SHIPMENT SHALL
IMMEDIATELY NOTIFY THE COMMISSIONER THEREOF, GIVING THE NAME AND ADDRESS
OF THE CONSIGNOR OR CONSIGNEE.
  2. THE GOALS OF THE COOPERATIVE HONEYBEE  HEALTH  IMPROVEMENT  PROGRAM
SHALL BE TO:
  (A)  DOCUMENT THE HEALTH OF THE STATE'S MANAGED POLLINATOR POPULATION,
INCLUDING THE PRESENCE OF PARASITES, DISEASES, AND ENVIRONMENTAL THREATS
TO THE STATE'S POPULATION OF MANAGED POLLINATORS;
  (B) PROVIDE INFORMATION ON HONEYBEE HEALTH TO BEEKEEPERS, STAKEHOLDERS
AND ACADEMIA TO INFORM RESEARCH AND BEST MANAGEMENT PRACTICES RELATED TO
POLLINATOR HEALTH;
  (C) DOCUMENT THE ANNUAL POPULATION  OF  MANAGED  POLLINATORS  IN  EACH
COUNTY WITHIN NEW YORK STATE; AND
  (D) COLLECT CONTACT INFORMATION FOR EACH BEEKEEPER TO ALLOW FOR BETTER
COMMUNICATION  AMONG THE DEPARTMENT AND BEEKEEPERS RELATING TO THE INCI-
DENCE OF PARASITES, DISEASE AND OTHER HEALTH THREATS THAT COULD BE TRAN-
SMITTED WITHIN THE FLIGHT RANGE OF MANAGED POLLINATORS.
  3. THERE SHALL BE NO FEE OR OTHER REGISTRATION COST FOR  PARTICIPATION
IN THE COOPERATIVE HONEYBEE HEALTH IMPROVEMENT PROGRAM.
  4.  A  BEEKEEPER  REQUIRED  TO  SUBMIT INFORMATION TO THE COMMISSIONER
PURSUANT TO THIS SECTION MAY REQUEST THAT SUCH INFORMATION  BE  EXEMPTED
FROM  DISCLOSURE  PURSUANT TO SUBDIVISION FIVE OF SECTION EIGHTY-NINE OF
THE PUBLIC OFFICERS LAW.
  § 174. Keeping of diseased and banned bees  prohibited;  existence  of
disease  to  be reported. 1. No person shall keep in [his] SUCH PERSON'S
possession or under [his] SUCH PERSON'S care any colony of bees affected
with a contagious or infectious disease or infested by [insects] DISEASE
or parasitic organisms  adversely  affecting  bees,  or  by  species  or
subspecies  of  bees  which  have been determined by the commissioner to
cause injury, directly or indirectly, to THE PUBLIC SAFETY  OR  TO  this
state's  [useful]  MANAGED  bee  population, crops, or other plants. Any
person who [knows that any bees owned or controlled by him are  affected
with,  or  have  been  exposed to, any contagious or infectious disease,
insects or parasitic organisms adversely affecting bees, or  by  species
or  subspecies of bees which have been determined by the commissioner to
cause injury, directly or indirectly, to this state's useful  bee  popu-
lation, crops, or other plants,] KNOWS THAT ANY BEES OWNED OR CONTROLLED
BY SUCH PERSON EXCEED DISEASE OR PARASITE TOLERANCES OR ARE A SPECIES OR
SUBSPECIES  OF  BEES  THAT  HAVE  BEEN DETERMINED BY THE COMMISSIONER TO
CAUSE INJURY, DIRECTLY OR INDIRECTLY, TO THE PUBLIC SAFETY  OR  TO  THIS
STATE'S  MANAGED BEE POPULATION, CROPS, OR OTHER PLANTS, SUCH TOLERANCES
AND DETERMINATIONS TO BE ESTABLISHED IN REGULATION BY THE  COMMISSIONER,
shall  at  once  report such fact to the commissioner, stating all facts
known to [him] SUCH PERSON with reference to said contagion,  infection,
or  exposure.    INFORMATION  REGARDING  ALLOWABLE  DISEASE AND PARASITE

A. 8431                             5

TOLERANCES AND SPECIES AND SUBSPECIES OF BEES SHALL BE MADE AVAILABLE ON
THE DEPARTMENT'S WEBSITE.
  2.  No person shall hide or conceal any bees or used beekeeping equip-
ment from [the inspector] DEPARTMENT  EMPLOYEES  OR  OFFICIALS  or  give
false  information  in  any manner pertaining to this article. No person
shall resist, impede or hinder the commissioner or [his] THE COMMISSION-
ER'S duly authorized representatives in the discharge of his OR  HER  or
their duties.
  3.  Whenever the commissioner or [his] THE COMMISSIONER'S duly author-
ized representatives shall determine that any colony of bees, bee  mate-
rial, structures or appliances is infected with, or has been exposed to,
contagious  or  infectious  diseases of bees, or is infested with or has
been exposed to insects or parasitic organisms adversely affecting bees,
or to species or subspecies of bees which have been  determined  by  the
commissioner  to  cause  injury, directly or indirectly, to this state's
[useful] MANAGED bee population, crops, or other plants,  said  colonies
of  bees  and  material,  structures  or appliances shall be immediately
placed under quarantine and a written notice thereof shall be served  on
the  owner  or caretaker.  No person shall move, tamper with, handle, or
otherwise disturb or  molest  or  cause  to  be  moved,  tampered  with,
handled,  or otherwise disturbed or molested any colonies, materials, or
appliances so quarantined without a written permit from the commissioner
or [his] THE COMMISSIONER'S duly authorized representatives.
  4. (A) All species and subspecies of bees which have  been  determined
by  the  commissioner  to  cause  injury, directly or indirectly, to THE
PUBLIC SAFETY SHALL BE DESTROYED PER COMMISSIONER ORDER.
  (B) A BEEKEEPER WHO RECEIVED NOTIFICATION THAT  HE/SHE  IS  PROHIBITED
FROM  SELLING NUCS AS THEY HAVE BEEN DEEMED UNFIT FOR SALE BY LABORATORY
CONFIRMATION OF AMERICAN FOULBROOD, MAY BE ORDERED BY  THE  COMMISSIONER
TO DESTROY SUCH COLONIES.
  (C)  DURING THE TIME SPECIFIED IN EITHER SUCH ORDER AUTHORIZED BY THIS
SUBDIVISION,  THE  QUARANTINED  COLONIES  AND  EQUIPMENT  SHALL  NOT  BE
REMOVED,  MOLESTED  OR TAMPERED WITH EXCEPT BY WRITTEN PERMISSION OF THE
COMMISSIONER OR THE COMMISSIONER'S DULY  AUTHORIZED  REPRESENTATIVE.  NO
DAMAGE  SHALL  BE AWARDED TO THE OWNER FOR THE LOSS OF ANY APIARY, BEES,
HIVES, APIARY APPLIANCE OR BEE PRODUCT DESTROYED UNDER THE PROVISIONS OF
THIS SECTION OR A REGULATION OR ORDER MADE IN PURSUANCE THEREOF.
  4-A. ALL SPECIES AND SUBSPECIES OF BEES DETERMINED BY THE COMMISSIONER
TO CAUSE INJURY TO this state's [useful] MANAGED bee population,  crops,
or  other  plants  and all bees, beehives, bee fixtures or appurtenances
infected with, or exposed to, contagious or infectious diseases of bees,
or infested with, or exposed to, insects or parasitic organisms adverse-
ly affecting bees, or with or to species or  subspecies  of  bees  which
have been determined by [him] THE COMMISSIONER to cause injury, directly
or  indirectly,  to this state's [useful] MANAGED bee population, crops,
or other plants, are hereby declared to be nuisances  to  be  abated  as
hereinafter described.
  5. If any inspection made by the commissioner or [his] THE COMMISSION-
ER'S  duly  authorized  representative discloses that any apiary, appli-
ances, structures, colonies or comb constitute  a  nuisance  within  the
meaning  of  this  section, the commissioner or [his] THE COMMISSIONER'S
duly authorized representatives may with the co-operation and consent of
the owner or person in charge immediately proceed to abate the  nuisance
by  destroying or treating such colonies and equipment, or he OR SHE may
order the owner or person in charge to destroy or treat such colonies or
equipment as may be deemed advisable.  In case the owner  or  person  in

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charge  will  not  consent to the abatement of the nuisance by immediate
destruction or treatment, the commissioner or [his]  THE  COMMISSIONER'S
duly  authorized  representative  shall  notify  [in writing] the owner,
occupant  or  person  in  charge  of  the  premises IN WRITING that such
nuisance exists and order that the same be abated within five days after
a date which shall be specified in said order.  Such  order  shall  ALSO
contain  directions  setting  forth the method or methods which shall be
taken to abate the nuisance and shall be served upon the owner, occupant
or person in charge of the premises either personally or  by  registered
or certified mail.
  6.  [If  the]  A  BEEKEEPER  WHO  RECEIVES  AN  order THAT directs the
destruction OR TREATMENT of any bees, hives, fixtures  or  appurtenances
[and  the  owner  thereof considers himself to be aggrieved thereby, he]
DEEMED A NUISANCE OR NOTIFICATION THAT SUCH BEEKEEPER IS PROHIBITED FROM
SELLING NUCS PURSUANT TO PARAGRAPH (C) OF SUBDIVISION ONE OF SECTION ONE
HUNDRED SEVENTY-THREE-C OF THIS ARTICLE may, within five days  from  the
receipt  of  the  order[,  present  to  the commissioner a request for a
review. Written notice of such request must be served by mail  upon  the
commissioner]  OR NOTIFICATION, REQUEST A HEARING THEREON.  THE ORDER OR
NOTIFICATION SHALL ADVISE THE BEEKEEPER OF THE RIGHT  TO  SUCH  HEARING,
THE  PROCEDURE TO BE FOLLOWED AND THE MANNER IN WHICH THE REQUEST MAY BE
MADE TO THE COMMISSIONER.  Upon receipt of such  [notice]  REQUEST,  the
commissioner shall [cause an investigation to be made] GIVE THE BEEKEEP-
ER  TEN  DAYS'  NOTICE IN WRITING OF A HEARING FOR THE BEEKEEPER TO SHOW
CAUSE WHY THE DESTRUCTION, TREATMENT OR PROHIBITION ON  SELLING  BY  THE
ORDER  OR  NOTIFICATION IS NOT APPROPRIATE. THE HEARING SHALL BE HELD ON
THE RECORD.  The request for a [review] HEARING shall act  to  stay  all
proceedings  until [the matter has been investigated and] a final deter-
mination rendered by the commissioner. During the time specified in  the
order and during any extended time [permitted by reason of such review],
PENDING SUCH FINAL DETERMINATION, the quarantined colonies and equipment
shall  not  be  removed,  molested  or  tampered  with except by written
permission of the commissioner or [his] THE COMMISSIONER'S duly  author-
ized  representative.  No  damage  shall be awarded to the owner for the
loss of any apiary,  bees,  hives,  apiary  appliance,  or  bee  product
destroyed  under  the  provisions  of  this section or any regulation or
order made in pursuance thereof.
  7. Persons keeping bees shall keep them in hives of such  construction
that  the  frames  and combs may be easily removed without damaging them
for examination of the brood for  the  purpose  of  determining  whether
disease exists in the brood.
  8.  No  person  shall KNOWINGLY expose in any place to which bees have
access any bee product, hive or other apiary appliance  in  such  manner
that contagious or infectious diseases of bees may be disseminated ther-
efrom.
  9.  The commissioner may promulgate rules and regulations to establish
appropriate tolerance levels for [insects] DISEASES or parasitic  organ-
isms  adversely  affecting  bees  within  hives, fixtures, structures or
appurtenances.  Beehives  conforming  with  such  established  tolerance
levels  shall  not  be  considered nuisances under this section. If upon
inspection a hive is found to exceed such tolerance levels, the  commis-
sioner  may  consider  such  apiary  to  be a nuisance and may order the
destruction or treatment of the apiary  as  set  forth  in  subdivisions
four, FOUR-A, five and six of this section.
  § 175. [Transportation  of  bees and bee material.  1. No person shall
transport, move, sell, barter, offer for sale  or  barter,  deliver,  or

A. 8431                             7

offer  for transportation any colony of bees, used comb, used beekeeping
material, or live bees unless it be within the beekeeper's own  premises
without a permit from the commissioner, except that colonies of bees and
used  beekeeping  equipment which are not infected with or have not been
exposed to bee disease, and which are not infested  with  and  have  not
been exposed to insects or parasitic organisms adversely affecting bees,
or  to  species  or subspecies of bees which have been determined by the
commissioner to cause injury, directly or indirectly,  to  this  state's
useful  bee  population,  crops,  or other plants may be moved or trans-
ported without a permit provided that the commissioner has been notified
in writing of such intention not less than ten days before the bees  and
equipment are moved.
  2.  No person shall transport, move, buy, sell, possess, barter, offer
for sale or barter, deliver, or offer for transportation any species  or
subspecies  of  bees  which  have been determined by the commissioner to
cause injury, directly or indirectly, to this state's useful  bee  popu-
lation,  crops,  or other plants, provided, that the commissioner may at
his discretion exempt the transportation, sale, possession, movement, or
delivery of such bees for scientific or educational purposes under  such
safeguards as he may deem necessary.
  3.  Every shipment of live bees in cages or packages without comb into
this state from another state or foreign country, shall  be  accompanied
by  a  permit issued by the commissioner, or by a certificate of freedom
from disease executed by an official of such state  or  foreign  country
recognized by the commissioner.
  4.  Every  shipment  of  a  colony of bees, used comb, used beekeeping
equipment, or live bees on comb into this state from  another  state  or
foreign  country, shall be accompanied by a permit issued by the commis-
sioner or by a certificate of freedom from  disease,  from  insects  and
parasitic organisms adversely affecting bees and from species or subspe-
cies  of  bees  which  have been determined by the commissioner to cause
injury directly or indirectly, to this state's  useful  bee  population,
crops  or  other plants and certifying that a proper inspection was made
not earlier than sixty days preceding the date of shipment. Such certif-
icate shall be executed by an official of such state or foreign  country
recognized by the commissioner. A duplicate of such certificate shall be
mailed  to  the commissioner before any such shipment enters this state.
Every transportation company upon receipt of such shipment  shall  imme-
diately  notify the commissioner thereof, giving the name and address of
the consignor and consignee.
  § 175-b.] Rules and regulations.  The commissioner is  hereby  author-
ized,  after  public  hearing, to adopt, promulgate and issue such rules
and regulations as [he] THE COMMISSIONER may deem necessary to carry out
and give full force and  effect  to  the  provisions  of  this  article,
including,  but not limited to, the designation of species or subspecies
of bees determined by him OR HER to cause injury, directly or  indirect-
ly,  to  THE PUBLIC SAFETY OR TO this state's [useful] MANAGED bee popu-
lation, crops, or other plants.   Such rules and  regulations  shall  be
filed  and  open  for  public  inspection at the principal office of the
department and shall have the force and effect of law.
  [§ 175-c.] § 175-A. Review by court.  The [action] FINAL DETERMINATION
of the commissioner on a [request for review] HEARING as  authorized  by
SUBDIVISION  SIX  OF  section one hundred [seventy-five herein] SEVENTY-
FOUR OF THIS ARTICLE may be reviewed in the manner provided  by  article
seventy-eight  of  the  civil practice law and rules, provided, however,
that a stay shall not be granted by the court or a justice thereof pend-

A. 8431                             8

ing final determination of the matter except on notice  to  the  commis-
sioner.   The [decision] DETERMINATION of the commissioner AFTER A HEAR-
ING shall be final unless within thirty days from the receipt of written
notice thereof a proceeding is instituted to review the same.
  [§ 175-d.] § 175-B. Violations; remedies.  The commissioner may insti-
tute  such  action  at  law  or in equity as may be necessary to enforce
compliance with any provision of this article or of any  rule  or  regu-
lation  promulgated  thereunder  and  in  addition  to  any other remedy
prescribed in article three of this chapter or otherwise may  apply  for
relief  by  injunction  if  necessary  to protect the public interest or
abate a nuisance as defined in this article without alleging or  proving
that  an  adequate remedy at law does not exist. Such application may be
made to the supreme court in any district or county as provided  by  the
civil  practice  act  and  the rules of practice of the court, or to the
supreme court in the third judicial district.
  § 3. The subdivision heading and  paragraph  c  of  subdivision  9  of
section  301 of the agriculture and markets law, the subdivision heading
as amended by chapter 440 of the laws of 1993 and paragraph c as amended
by chapter 536 of the laws of 2008, are amended to read as follows:
  "Gross sales [value]" means the proceeds from the sale of:
  c. Honey, ROYAL JELLY, BEE POLLEN, PROPOLIS and  beeswax  produced  by
bees  in  hives  located  on  [an otherwise qualified farm operation but
which does not independently satisfy the gross sales  requirement]  LAND
USED  IN  AGRICULTURAL  PRODUCTION  IN  CONJUNCTION  WITH THE SAME OR AN
OTHERWISE QUALIFIED FARM OPERATION;
  § 4. Paragraph (e) of subdivision 2 of section 483 of the real proper-
ty tax law, as amended by chapter 35 of the laws of 2016, is amended  to
read as follows:
  (e)  structures  and  buildings used in the production of honey, ROYAL
JELLY, BEE POLLEN, PROPOLIS and beeswax including those  structures  and
buildings  used  for  the storage of bees. For purposes of this section,
this shall not include those structures or buildings and portions there-
of used for the sale of maple syrup or sale of honey  and  beeswax.  The
term "structures and buildings" shall not include silos, bulk milk tanks
or coolers, or manure storage, handling and treatment facilities as such
terms are used in section four hundred eighty-three-a of this title.
  § 5. This act shall take effect on the one hundred eightieth day after
it shall have become a law.  Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation  of  this act on its effective date are authorized to be made and
completed on or before such effective date.