§ 160.14 — Penalties — injunctions

Iowa § 160.14

• Jurisdiction: Iowa
• Title V: AGRICULTURE
• Ch. 160: STATE APIARIST

Text

1. A person who knowingly sells, barters, gives away, moves, or allows to be moved,
a diseased or parasite-infested colony, package, equipment, or combs without the consent
of the state apiarist, or exposes infected honey or infected equipment to the bees, or who
willfully fails or neglects to give proper treatment to a diseased or parasite-infested colony, or
who interferes with the state apiarist or the apiarist’s assistants in the performance of official
duties or who refuses to permit the examination of bees or their destruction as provided in
this chapter or violates another provision of this chapter, except as provided in subsection 2,
is guilty of a simple misdemeanor.
2. A person who knowingly moves or causes to be moved into this state a colony, package,
used equipment, or combs in violation of section 160.5, is guilty of a serious misdemeanor.
3. Eachdayacolony,package,usedequipment,orcombsmovedintothisstateinviolation
of section 160.5 remain in this state constitutes a separate offense. A colony, package, used
equipment, or combs brought into this state in violation of section 160.5 may be declared a
nuisance. The department shall provide written notice to the person owning the land where
the colony, package, used equipment, or combs are located, and, if known, to the person
owning the colony, package, used equipment, or combs. The notice shall state that the
owner of the colony, package, used equipment, or combs must remove the colony, package,
used equipment, or combs from this state within five days of the notification. After the five
days have lapsed the department may seize the colony, package, used equipment, or combs.
The department may secure a warrant if the owner of the land objects to the seizure. The
department shall maintain the seized property until a court, upon petition by the department,
determines the disposition of the property. The court shall render a decision concerning the
disposition of the property by the court within ten days of the filing of the petition. Upon

conviction of a violation of section 160.5, a person shall forfeit all interest in property moved
in violation of that section and the department may immediately destroy the property.
4. The attorney general or persons designated by the attorney general may institute suits
on behalf of the state apiarist to obtain injunctive relief to restrain and prevent violations of
this chapter.

Legislative History

[C24, 27, 31, 35, 39, §4041; C46, 50, 54, 58, §266.22; C62, 66, 71, 73, 75, 77, 79, 81, §160.14]