Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jun 26, 2021 |
signed chap.160 |
Jun 17, 2021 |
delivered to governor |
Jun 07, 2021 |
returned to senate passed assembly ordered to third reading rules cal.484 substituted for a7568 referred to ways and means delivered to assembly passed senate |
Jun 03, 2021 |
ordered to third reading cal.1512 committee discharged and committed to rules |
Jun 01, 2021 |
referred to agriculture |
Senate Bill S7111
Signed By Governor2021-2022 Legislative Session
Relates to bee health and the beekeeping industry; repealer
download bill text pdfSponsored By
(D, WF) 41st Senate District
Archive: Last Bill Status - Signed by Governor
- Introduced
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- In Committee Assembly
- In Committee Senate
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- On Floor Calendar Assembly
- On Floor Calendar Senate
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- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
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Floor Vote: Jun 7, 2021
aye (63)- Addabbo Jr.
- Akshar
- Bailey
- Benjamin
- Biaggi
- Borrello
- Boyle
- Breslin
- Brisport
- Brooks
- Brouk
- Comrie
- Cooney
- Felder
- Gallivan
- Gaughran
- Gianaris
- Gounardes
- Griffo
- Harckham
- Helming
- Hinchey
- Hoylman-Sigal
- Jackson
- Jordan
- Kaminsky
- Kaplan
- Kavanagh
- Kennedy
- Krueger
- Lanza
- Liu
- Mannion
- Martucci
- Mattera
- May
- Mayer
- Myrie
- O'Mara
- Oberacker
- Ortt
- Palumbo
- Parker
- Persaud
- Ramos
- Rath III
- Reichlin-Melnick
- Ritchie
- Rivera
- Ryan
- Salazar
- Sanders Jr.
- Savino
- Sepúlveda
- Serino
- Serrano
- Skoufis
- Stavisky
- Stec
- Stewart-Cousins
- Tedisco
- Thomas
- Weik
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Jun 3, 2021 - Rules Committee Vote
S711121Aye0Nay0Aye with Reservations0Absent0Excused0Abstained -
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2021-S7111 (ACTIVE) - Details
2021-S7111 (ACTIVE) - Sponsor Memo
BILL NUMBER: S7111 SPONSOR: HINCHEY TITLE OF BILL: 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 1. PURPOSE: The purpose of the bill is to modernize Article 15 of the Agriculture and Markets Law (AML) - Bee Diseases to reflect modem bee husbandry practices and create a Cooperative Honey Bee Health Improvement Program. This program will facilitate inspections of apiaries and communication among the Department, beekeepers, academia and other stakeholders regarding the incidence of diseases and parasites. The bill would also amend the Real Property Tax Law (RPTL) to clarify the farm buildings property tax exemption for bee industry buildings. 2. SUMMARY OF PROVISIONS:
Section 1 of the bill would repeal AML section 169-d (Apiary Industry Advisory Committee) and readopt the provision as section 173 in AML Article 15. The new section 173 would designate the commissioner as the chairperson of the committee. Section 2 of the bill amends several provisions of AML Article 15 to: add definitions of "apiary,' colony." "nucleus colony," "beekeeper," "queen(s)" and "brood comb" (173-a); provide beekeepers with advance notice of apiary inspections (173-b); and establish a cooperative honey bee health improvement program (173-c). The cooperative honey bee health improvement program would require the registration of apiaries and the submission of limited information about their operations (county of operation, number of colonies in each county and contact information for the beekeeper); and an annual inspection of apiaries selling nucleus colonies, the sale of which can spread infectious diseases and parasites to managed bees. Current provisions of AML section 175 which protect the State's managed pollinators from diseases and parasites, are also incor- porated into the "Cooperative Honeybee Health Program.* Section 3 of the bill amends the AML section 301 (9) (definition of "gross sales value" for agricultural value assessment) to include more bee products. Section 4 of the bill would amend Real Property Tax Law (RPTL) section 483 to clarify the farm buildings property tax exemption for bee indus- try buildings. Section 5 of the bill would make the act effective 180 days after it becomes a law. 3. EXISTING LAW: AML section 169-d provides for the Apiary Industry Advisory Committee (but is located in AML Article 14). AML Article 15 authorizes the Department to address bee diseases through inspections, limits on the keeping of diseased and banned bees and limits on the transportation of bees and bee material. AML section 301 (9) defines "gross sales values for purposes of agricul- tural value assessment. RPTL section 483 provides a real property tax exemption for farm build- ings. 4. LEGISLATIVE HISTORY: Mandatory registration of apiaries was added to the AML in 2007 and repealed in 2010. 5. STATEMENT IN SUPPORT: Honey bees are critically important to the agricultural industry for the pollination services that they provide. In recent years, the health of managed pollinators has been challenged by parasites, infectious diseases, habitat fragmentation and exposure to pesticides and other materials present in the environment. American Foulbrood, one of the most infectious diseases for honey bees, has been on the increase in recent years. The biology of the bee and its ability to fly and forage in a 3.5-mile radius or further requires the Department to closely moni- tor the incidence of disease and have the ability to delimit disease and parasite infestations. Modern science has proven that the honey bee is an indicator species, both for many native pollinators and other species. By monitoring honey bee health and addressing the disease and parasite issues within the honey bee population, the Department is protecting the broader agricul- tural industry and the environment. Working cooperatively with beekeepers to share information on the inci- dence of parasites and diseases at the county level will enhance the Department's efforts to protect pollinator resources and will allow individual beekeepers the ability to react to the disease and parasite issues that may be in close proximity to their apiaries. 6. POSSIBLE OBJECTIONS: The Department's recent outreach to beekeepers indicates that commercial beekeepers favor more robust Department involvement to control the spread of bee diseases. Hobbyist beekeepers, however, have some concerns about how the Department might carry out a revitalized bee health program. 7. OTHER STATE AGENCIES INTERESTED: DEC. 8. KNOWN POSITION OF OTHERS: Unknown. 9. BUDGET IMPLICATIONS: None. 10. LOCAL IMPACT: This bill would not impose a mandate on a county, city, town, village, school district or special district.
2021-S7111 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7111 2021-2022 Regular Sessions I N S E N A T E June 1, 2021 ___________ Introduced by Sen. HINCHEY -- (at request of the Department of Agricul- ture and Markets) -- read twice and ordered printed, and when printed to be committed 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 S. 7111 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 S. 7111 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, S. 7111 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 S. 7111 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- S. 7111 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. S. 7111 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 S. 7111 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.
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