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New York State Apiary Law

 

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


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 beesprohibited; 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.
            Penalties


New York State:

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 benecessary
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.

. 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
   
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