The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7568
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 14, 2021
                                ___________
 
 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 REPEALED.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 HONEY BEE 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.
         [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

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09713-02-1

 A. 7568                             2
 
 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 HONEY BEES 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  HONEY  BEES  FOR PROFIT, RESEARCH, RECREATIONAL, OR EDUCATIONAL
 PURPOSES.
   5. "QUEEN" SHALL MEAN THE SINGLE REPRODUCTIVE FEMALE IN  A  COLONY  OF
 HONEY BEES.
   6.  "BROOD  COMB"  SHALL MEAN THE BEESWAX STRUCTURE OF CELLS WHERE THE
 QUEEN BEE LAYS EGGS IN WHICH IMMATURE BEES ARE REARED.
   § 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 or premises where bees or

 A. 7568                             3
 
 honey or comb used in apiaries may be[. He] AND may open any hive, colo-
 ny, 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 HONEY  BEE  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 HONEY BEE HEALTH  IMPROVEMENT  PROGRAM  WHICH  WILL  REQUIRE
 THAT:
   (A)  ALL  BEEKEEPERS  SHALL  PROVIDE TO THE COMMISSIONER THE NUMBER OF
 MANAGED COLONIES; THE COUNTY IN WHICH EACH OF THESE COLONIES IS LOCATED;
 AND CURRENT CONTACT INFORMATION OF THE INDIVIDUAL OR INDIVIDUALS RESPON-
 SIBLE FOR THE CARE OF THESE BEES. ALL  BEEKEEPERS  SHALL  ALSO  INDICATE
 WHETHER  THEY INTEND TO SELL NUCLEUS COLONIES. THIS INFORMATION 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 OR QUEENS
 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 OR QUEENS
 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 OR QUEENS UNFIT FOR SALE.  ANY INDIVIDUAL OR BUSINESS WHOSE NUCS OR
 QUEEN REARING COLONIES ARE FOUND TO BE INFESTED WITH AMERICAN FOULBROOD,
 AFTER LABORATORY CONFIRMATION, SHALL BE PROHIBITED FROM SELLING NUCS AND
 QUEENS  UNTIL THE AFFECTED APIARIES ARE REINSPECTED AND FOUND TO BE FREE
 FROM AMERICAN FOULBROOD. IF UPON  RE-INSPECTION,  SYMPTOMS  OF  AMERICAN
 FOULBROOD  ARE  FOUND  TO PERSIST, THE PROHIBITION FROM SELLING NUCS AND
 QUEENS SHALL CONTINUE, AND THE DEPARTMENT SHALL TAKE SAMPLES FOR LABORA-
 TORY TESTING FOR THE CONTINUED PRESENCE OF AMERICAN FOULBROOD.    SHOULD
 THE  LABORATORY  TEST  RESULTS SHOW THE SAMPLES FREE FROM AMERICAN FOUL-
 BROOD, THE DEPARTMENT SHALL PROMPTLY NOTIFY THE INDIVIDUAL  OR  BUSINESS
 OF  THE  TEST RESULTS AND THE TERMINATION OF THE PROHIBITION OF THE SALE
 OF NUCS AND QUEENS.
   (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
 HEALTH OR WELFARE 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,

 A. 7568                             4
 
 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 BROOD COMB, USED BEEKEEP-
 ING EQUIPMENT, OR LIVE BEES ON 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 DISEASES AND  PARASITIC
 ORGANISMS  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 POPULATION, 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 HONEY BEE 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 HONEY BEE HEALTH TO BEEKEEPERS,  STAKEHOLD-
 ERS  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 HONEY BEE 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,] SUCH PERSON EXCEED DISEASE OR PARASITE

 A. 7568                             5
 
 TOLERANCES OR ARE A SPECIES OR SUBSPECIES OF BEES THAT HAVE BEEN  DETER-
 MINED  BY  THE  COMMISSIONER TO CAUSE INJURY, DIRECTLY OR INDIRECTLY, TO
 THE PUBLIC HEALTH OR WELFARE OR TO THIS STATE'S MANAGED BEE  POPULATION,
 CROPS,  OR OTHER PLANTS, SUCH TOLERANCES AND DETERMINATIONS TO BE ESTAB-
 LISHED 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  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 APIARY  INSPECTORS  or  give  false
 information  in  any  manner pertaining to this article. No person shall
 resist, impede or hinder the commissioner or  [his]  THE  COMMISSIONER'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 HEALTH OR WELFARE SHALL BE DESTROYED PER COMMISSIONER ORDER.
   (B) A BEEKEEPER WHO RECEIVED NOTIFICATION THAT HE OR SHE IS PROHIBITED
 FROM  SELLING  NUCS OR QUEENS 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-

 A. 7568                             6
 
 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
 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] ANY PERSON BELIEVED TO HAVE VIOLATED ANY PROVISION OF THIS
 ARTICLE  SHALL  RECEIVE  WRITTEN NOTICE OF SUCH ALLEGED VIOLATION AND AN
 OPPORTUNITY TO BE HEARD TO DISPUTE SUCH ALLEGED VIOLATION.  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 AND QUEENS  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 BEEKEEPER 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 NOTIFI-
 CATION 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 determination 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 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 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.

 A. 7568                             7
 
   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
 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

 A. 7568                             8
 
 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-
 ing final determination of the matter except on notice  to  the  commis-
 sioner.    The  [decision]  DETERMINATION  of the commissioner AFTER THE
 OPPORTUNITY FOR A HEARING AND ANY HEARING 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] CIVIL PRACTICE LAW AND RULES and the rules of  prac-
 tice  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.