Department of
Division of Plant Industry
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
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
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.
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.