New York State

Department of

Agriculture and Markets

Division of Plant Industry

Albany, New York  12235

 

 

 

 

CIRCULAR  807

 

 

 

Article 15 of the

Agriculture and Markets Law

Chapter 48 of the Laws of 1922, as amended by

Chapter 311 of the Laws of 1927, Chapter

398 of the Laws of 1938, Chapter 526

of the Laws of 1948, Chapter 430 of the

Laws of 1985, Chapter 577 of the Laws of 1996

 

Relating to

BEE DISEASES


LAW RELATING TO BEES

 

Chapter 48 of the Laws of 1922, as amended byChapter 311 of the Laws of 1927, Chapter 398 of the Laws of 1938, Chapter 526 of the Laws of 1948, Chapter 430 of the Laws of 1985, Chapter 577 of the Laws of 1996

 

 

Article 15

 

Bee Diseases

 

Section

169-d.    Apiary Industry Advisory Committee.

173.               Eradication of bee diseases and certain insects affecting bees.

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.    Review by court.

175-d.    Violations; remedies.

 

Section 169-d.  Apiary industry advisory committee.  1.  There is hereby established within the department an apiary industry advisory committee which shall consist of no more than fifteen members to be appointed by the commissioner on the basis of their experience and expertise in the apiary industry.  Of the members so appointed, at least two members shall represent each of the three sectors of the apiary industry, commercial beekeepers, 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 extension service.  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 salary.  A chairperson shall be elected by a majority vote of members of the committee.

2.  The duties and responsibilities of the apiary industry advisory committee shall include providing advice, comments, and recommendations to the commissioner in regard to 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 committee’s meetings or work with it on an occasional or regular basis.

 

Section 173.  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 bee population, crops, or other plants.  He 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 determined by him to cause injury, directly or indirectly, to this state’s useful bee population, crops, or other plants and he may plan and execute appropriate methods for such eradication.

  The commissioner shall have access to all apiaries, structures, appliances or premises where bees or honey or comb used in apiaries may be.  He may open any hive, colony, package or receptacle of any kind containing or which he 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 to cause injury, directly or indirectly, to this state’s useful bee population, crops, or other plants.

 

Section 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 cooperation 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 by 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 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.

 

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 and 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 diseases, 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 transported 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 population, crops, or other plants, provided that the commissioner may at his discretion exempt the transportation, sale, possession, movement, or delivery of such bees from 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 commissioner or by a certificate of freedom from disease, from insects 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 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 certificate shall be executive 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 immediately notify the commissioner thereof, giving the name and address of the consignor and consignee.

 

Section 175-b.  Rules and regulations. The commissioner is hereby authorized, after public hearing, to adopt, promulgate, and issue such rules and regulations as he may deem necessary to carry out and give full force and effect to the provisions to this article, including, but not limited to, the designation of species or subspecies of bees determined by him to cause injury, directly or indirectly, to this state’s useful bee population, 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.

 

Section 176-c.  Review by court.  The action of the commissioner on a request of review as authorized by section 175 herein may be reviewed in the manner provided by Article 78 of the Civil Practice Act, provided, however, that a stay shall not be granted by the court or a justice thereof pending final determination of the matter except on notice to the commissioner.  The decision of the commissioner shall be final unless within thirty days from the receipt of written notice thereof a proceeding is instituted to review the same.

 

Section 175-d.  Violations, remedies.  The commissioner may institute 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 regulation 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.

 

PENALTIES

 

Pursuant to the provisions of Section 39 of the Agriculture and Markets Law every person violating any of the provisions of the bee disease law shall be subject to a penalty in the sum of not less than fifty dollars nor more than two hundred dollars for the first violation, nor more than four hundred dollars for the second and each subsequent violation.  Under Section 40 of the same law, a person who shall fail to obey any order of the commissioner, or who shall violate any rule of the department shall be subject to a penalty not exceeding the sum of two hundred dollars for each and every first offence, and a penalty not exceeding the sum of four hundred dollars for a second and each subsequent offence.