§ 174. Keeping of diseased and banned bees prohibited; existence of\ndisease to be reported.
1.No person shall keep in such person's\npossession or under such person's care any colony of bees affected with\na contagious or infectious disease or infested by disease or parasitic\norganisms adversely affecting bees, or by species or subspecies of bees\nwhich have been determined by the commissioner to cause injury, directly\nor indirectly, to the public safety or to this state's managed bee\npopulation, crops, or other plants. Any person who knows that any bees\nowned or controlled by such person exceed disease or parasite tolerances\nor are a species or subspecies of bees that have been determined by the\ncommissioner to cause injury, directly or indirectly, to the public\nhealth or welfa
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§ 174. Keeping of diseased and banned bees prohibited; existence of\ndisease to be reported. 1. No person shall keep in such person's\npossession or under such person's care any colony of bees affected with\na contagious or infectious disease or infested by disease or parasitic\norganisms adversely affecting bees, or by species or subspecies of bees\nwhich have been determined by the commissioner to cause injury, directly\nor indirectly, to the public safety or to this state's managed bee\npopulation, crops, or other plants. Any person who knows that any bees\nowned or controlled by such person exceed disease or parasite tolerances\nor are a species or subspecies of bees that have been determined by the\ncommissioner to cause injury, directly or indirectly, to the public\nhealth or welfare or to this state's managed bee population, crops, or\nother plants, such tolerances and determinations to be established in\nregulation by the commissioner, shall at once report such fact to the\ncommissioner, stating all facts known to such person with reference to\nsaid contagion, infection, or exposure. Information regarding allowable\ndisease and parasite tolerances and species and subspecies of bees shall\nbe made available on the department's website.\n 2. No person shall hide or conceal any bees or used beekeeping\nequipment from department apiary inspectors or give false information in\nany manner pertaining to this article. No person shall resist, impede or\nhinder the commissioner or the commissioner's duly authorized\nrepresentatives in the discharge of his or her or their duties.\n 3. Whenever the commissioner or the commissioner's duly authorized\nrepresentatives shall determine that any colony of bees, bee material,\nstructures or appliances is infected with, or has been exposed to,\ncontagious or infectious diseases of bees, or is infested with or has\nbeen exposed to insects or parasitic organisms adversely affecting bees,\nor to species or subspecies of bees which have been determined by the\ncommissioner to cause injury, directly or indirectly, to this state's\nmanaged bee population, crops, or other plants, said colonies of bees\nand material, structures or appliances shall be immediately placed under\nquarantine and a written notice thereof shall be served on the owner or\ncaretaker. No person shall move, tamper with, handle, or otherwise\ndisturb or molest or cause to be moved, tampered with, handled, or\notherwise disturbed or molested any colonies, materials, or appliances\nso quarantined without a written permit from the commissioner or the\ncommissioner's duly authorized representatives.\n 4. (a) All species and subspecies of bees which have been determined\nby the commissioner to cause injury, directly or indirectly, to the\npublic health or welfare shall be destroyed per commissioner order.\n (b) A beekeeper who received notification that he or she is prohibited\nfrom selling nucs or queens as they have been deemed unfit for sale by\nlaboratory confirmation of American Foulbrood, may be ordered by the\ncommissioner to destroy such colonies.\n (c) During the time specified in either such order authorized by this\nsubdivision, the quarantined colonies and equipment shall not be\nremoved, molested or tampered with except by written permission of the\ncommissioner or the commissioner's duly authorized representative. No\ndamage shall be awarded to the owner for the loss of any apiary, bees,\nhives, apiary appliance or bee product destroyed under the provisions of\nthis section or a regulation or order made in pursuance thereof.\n 4-a. All species and subspecies of bees determined by the commissioner\nto cause injury to this state's managed bee population, crops, or other\nplants and all bees, beehives, bee fixtures or appurtenances infected\nwith, or exposed to, contagious or infectious diseases of bees, or\ninfested with, or exposed to, insects or parasitic organisms adversely\naffecting bees, or with or to species or subspecies of bees which have\nbeen determined by the commissioner to cause injury, directly or\nindirectly, to this state's managed bee population, crops, or other\nplants, are hereby declared to be nuisances to be abated as hereinafter\ndescribed.\n 5. If any inspection made by the commissioner or the commissioner's\nduly authorized representative discloses that any apiary, appliances,\nstructures, colonies or comb constitute a nuisance within the meaning of\nthis section, the commissioner or the commissioner's duly authorized\nrepresentatives may with the co-operation and consent of the owner or\nperson in charge immediately proceed to abate the nuisance by destroying\nor treating such colonies and equipment, or he or she may order the\nowner or person in charge to destroy or treat such colonies or equipment\nas may be deemed advisable. In case the owner or person in charge will\nnot consent to the abatement of the nuisance by immediate destruction or\ntreatment, the commissioner or the commissioner's duly authorized\nrepresentative shall notify the owner, occupant or person in charge of\nthe premises in writing that such nuisance exists and order that the\nsame be abated within five days after a date which shall be specified in\nsaid order. Such order shall also contain directions setting forth the\nmethod or methods which shall be taken to abate the nuisance and shall\nbe served upon the owner, occupant or person in charge of the premises\neither personally or by registered or certified mail.\n 6. Any person believed to have violated any provision of this article\nshall receive written notice of such alleged violation and an\nopportunity to be heard to dispute such alleged violation. A beekeeper\nwho receives an order that directs the destruction or treatment of any\nbees, hives, fixtures or appurtenances deemed a nuisance or notification\nthat such beekeeper is prohibited from selling nucs and queens pursuant\nto paragraph (c) of subdivision one of section one hundred\nseventy-three-c of this article may, within five days from the receipt\nof the order or notification, request a hearing thereon. The order or\nnotification shall advise the beekeeper of the right to such hearing,\nthe procedure to be followed and the manner in which the request may be\nmade to the commissioner. Upon receipt of such request, the commissioner\nshall give the beekeeper ten days' notice in writing of a hearing for\nthe beekeeper to show cause why the destruction, treatment or\nprohibition on selling by the order or notification is not appropriate.\nThe hearing shall be held on the record. The request for a hearing shall\nact to stay all proceedings until a final determination rendered by the\ncommissioner. During the time specified in the order and during any\nextended time, pending such final determination, the quarantined\ncolonies and equipment shall not be removed, molested or tampered with\nexcept by written permission of the commissioner or the commissioner's\nduly authorized representative. No damage shall be awarded to the owner\nfor the loss of any apiary, bees, hives, apiary appliance, or bee\nproduct destroyed under the provisions of this section or any regulation\nor order made in pursuance thereof.\n 7. Persons keeping bees shall keep them in hives of such construction\nthat the frames and combs may be easily removed without damaging them\nfor examination of the brood for the purpose of determining whether\ndisease exists in the brood.\n 8. No person shall knowingly expose in any place to which bees have\naccess any bee product, hive or other apiary appliance in such manner\nthat contagious or infectious diseases of bees may be disseminated\ntherefrom.\n 9. The commissioner may promulgate rules and regulations to establish\nappropriate tolerance levels for diseases or parasitic organisms\nadversely affecting bees within hives, fixtures, structures or\nappurtenances. Beehives conforming with such established tolerance\nlevels shall not be considered nuisances under this section. If upon\ninspection a hive is found to exceed such tolerance levels, the\ncommissioner may consider such apiary to be a nuisance and may order the\ndestruction or treatment of the apiary as set forth in subdivisions\nfour, four-a, five and six of this section.\n