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New York State
Depatrment
of Agriculture and Markets
AGM
- Agriculture and Markets
Article 15 - BEE DISEASES
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.
§ 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.
The commissioner may cause surveys of beekeepers and apiary yard
locations within the state to be conducted for the purpose of assessing
the size and condition of the state's honeybee population. When
requested by the commissioner, beekeepers shall disclose the location of
their apiary yards and provide any other information required for such
surveys. Department records containing information relating to
beekeepers including, but not limited to, apiary yard locations, shall
be exempt from disclosure to the extent authorized by article six of the
public officers law. Each beekeeper shall obtain an identification
number from the department and post such identification number in a
conspicuous place at each apiary yard location.
§ 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 there from.
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.
§ 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
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 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
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 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 immediately notify the commissioner thereof, giving
the name and address of the consignor and consignee.
§ 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 of 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.
§ 175-c. Review by court. The action of the commissioner on a request
for review as authorized by section one hundred seventy-five herein 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 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.
§ 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 there under 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.