N.Y. Agriculture & Markets Law § 174: Keeping of diseased and banned bees prohibited; existence of disease to be reported

§ 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.