§ 38-18-25 — Unlawfully imported bees subject to seizure--Destruction or treatment if found to be infested--Notice of intent to seize--Owner to comply with provisions of this chapter or remove bees from state--Assessments of costs.

Any bees brought into this state without an entrance permit or a compliance agreement shall be seized by the secretary. If the bees are found by the secretary to be infested by a regulated pest, the secretary may forthwith destroy the bees and bee equipment or may order treatment of the bees. Following seizure, the secretary shall serve notice upon the owner, if known, by certified mail, return receipt requested, and if the owner is unknown, publish in the county where the apiary is located, a notice of seizure. The notice shall describe the apiary, the original location of the apiary, and the date and time of a hearing, to be conducted pursuant to chapter 1-26 , at which any person may make claim to the apiary. If the apiary is not claimed, it is considered abandoned and the secretary may utilize or sell the bees and equipment. If the apiary is shown to be owned by a particular person, the secretary shall order the owner to comply with the provisions of this chapter or to remove the bees from the state within ten days. In addition the secretary shall, before releasing the apiary to the owner, assess against the owner of the bees the costs of seizure, treatment or destruction of the bees.

Legislative History

SL 1947, ch 6, § 18; SDC Supp 1960, § 4.9908; SL 1983, ch 280, § 4; SL 1986, ch 330, § 29; SL 1989, ch 344, § 5; SL 1992, ch 280, § 10.