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This entry was published on 2021-07-02
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SECTION 174
Keeping of diseased and banned bees prohibited; existence of disease to be reported
Agriculture & Markets (AGM) CHAPTER 69, ARTICLE 15
* § 174. Keeping of diseased and banned bees prohibited; existence of
disease to be reported. 1. No person shall keep in his possession or
under his care any colony of bees affected with a contagious or
infectious disease or infested by 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 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 population, crops, or other plants, shall at once report such
fact to the commissioner, stating all facts known to him with reference
to said contagion, infection, or exposure.

2. No person shall hide or conceal any bees or used beekeeping
equipment from the inspector or give false information in any manner
pertaining to this article. No person shall resist, impede or hinder the
commissioner or his duly authorized representatives in the discharge of
his or their duties.

3. Whenever the commissioner or his duly authorized representatives
shall determine that any colony of bees, bee material, 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 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 duly
authorized representatives.

4. All species and 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 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 adversely affecting bees, or with or
to species or subspecies of bees which have been determined by him to
cause injury, directly or indirectly, to this state's useful 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 duly authorized
representative discloses that any apiary, appliances, structures,
colonies or comb constitute a nuisance within the meaning of this
section, the commissioner or his 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 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 duly authorized representative shall notify in writing the owner,
occupant or person in charge of the premises 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 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 order directs the destruction of any bees, hives, fixtures
or appurtenances and the owner thereof considers himself to be aggrieved
thereby, he 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. Upon receipt of
such notice, the commissioner shall cause an investigation to be made.
The request for a review 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 the quarantined
colonies and equipment shall not be removed, molested or tampered with
except by written permission of the commissioner or his 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 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 therefrom.

9. The commissioner may promulgate rules and regulations to establish
appropriate tolerance levels for insects or parasitic organisms
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
commissioner may consider such apiary to be a nuisance and may order the
destruction or treatment of the apiary as set forth in subdivisions
four, five and six of this section.

* NB Effective until December 23, 2021

* § 174. Keeping of diseased and banned bees prohibited; existence of
disease to be reported. 1. No person shall keep in such person's
possession or under such person's care any colony of bees affected with
a contagious or infectious disease or infested by 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 managed bee
population, crops, or other plants. Any person who 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
health or welfare 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 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
equipment from department apiary inspectors or give false information in
any manner pertaining to this article. No person shall resist, impede or
hinder the commissioner or the commissioner's duly authorized
representatives in the discharge of his or her or their duties.

3. Whenever the commissioner or the commissioner's duly authorized
representatives shall determine that any colony of bees, bee material,
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
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 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 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 adversely
affecting bees, or with or to species or subspecies of bees which have
been determined by the commissioner to cause injury, directly or
indirectly, to this state's 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 the commissioner's
duly authorized representative discloses that any apiary, appliances,
structures, colonies or comb constitute a nuisance within the meaning of
this section, the commissioner or 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 the commissioner's duly authorized
representative shall notify 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. 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 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 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 request, the commissioner
shall 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 notification is not appropriate.
The hearing shall be held on the record. The request for a hearing shall
act to stay all proceedings until a final determination rendered by the
commissioner. During the time specified in the order and during any
extended time, 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 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
therefrom.

9. The commissioner may promulgate rules and regulations to establish
appropriate tolerance levels for diseases or parasitic organisms
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
commissioner 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.

* NB Effective December 23, 2021