An Act To Compensate Beekeepers for Hive Losses
Maine Legislature, Session 127, LD 1106
Committee: Agriculture, Conservation and Forestry
Sponsors: McCABE, DUNPHY, HARLOW, HICKMAN
Amends: 7 MRSA §2871

Legislative Document 
No. 1106 
H.P. 767 
House of Representatives, March 26, 2015 
An Act To Compensate Beekeepers for Hive Losses 
Reference to the Committee on Agriculture, Conservation and Forestry suggested and 
ordered printed. 
ROBERT B. HUNT 
Clerk 
Presented by Representative McCABE of Skowhegan. 
Cosponsored by Representatives: DUNPHY of Old Town, HARLOW of Portland, HICKMAN 
of Winthrop, McELWEE of Caribou. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  7 MRSA Pt. 6-A, c. 519 is enacted to read: 
CHAPTER 519 
DEFINITIONS 
§2691.  Definitions 
As used in this Part, unless the context otherwise indicates, the following terms have 
the following meanings. 
1.  Apiary.  "Apiary" means a place where a collection of one or more hives or 
colonies of honeybees or the nuclei of honeybees are kept. 
2.  Colony.  "Colony" means the aggregate of worker honeybees, drones, the queen, 
and developing young honeybees living in a hive or other dwelling. 
3.  Hive.  "Hive" means a frame hive, box hive, box, barrel, log gum, skep or any 
other receptacle or container, natural or artificial, or any part of one, that is used to house 
honeybees. 
4.  Honeybee.  "Honeybee" means any stage of the common honeybee, Apis 
mellifera. 
5.  Honeybee owner.  "Honeybee owner" means a person who owns an apiary. 
Sec. 2.  7 MRSA §2871, as enacted by PL 1985, c. 572, is amended to read: 
§2871.  Rules 
The commissioner shall adopt rules to implement and enforce this Part in accordance 
with the Maine Administrative Procedure Act, Title 5, chapter 375.  Rules adopted under 
this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. 
Sec. 3.  7 MRSA c. 533 is enacted to read: 
CHAPTER 533 
COMPENSATION FOR HONEYBEES KILLED BY PESTICIDES 
§2891.  Compensation for honeybees killed by pesticides 
A person may be compensated for an acute pesticide poisoning resulting in the death 
of honeybees or loss of honeybee colonies owned by the person in accordance with this 
section.  
1.  Compensation.  If the department determines that honeybee death or loss of a 
honeybee colony was caused by an acute pesticide poisoning and the pesticide applicator: 
A.  Cannot be identified or applied the pesticide product in a manner consistent with 
the pesticide product's label, the department may compensate the honeybee owner 
from the Honeybee Compensation Fund established in subsection 6 for the fair 
market value of the honeybees or honeybee colony; or 
B.  Can be identified and applied the pesticide product in a manner inconsistent with 
the product's label, the department may collect a penalty from the pesticide applicator 
sufficient to compensate the honeybee owner for the fair market value of the 
honeybees or honeybee colony.  The department shall award the penalty collected 
from the pesticide applicator under this paragraph to the honeybee owner and may 
not otherwise compensate the honeybee owner. 
The fair market value under this subsection is determined by the department upon 
recommendation by academic experts and honeybee owners. In any fiscal year, the 
department may not compensate a honeybee owner for a claim that is less than $100 or 
for total claims in excess of $20,000. 
2.  Claim form.  In order to receive compensation under this section, a honeybee 
owner must file a claim on forms provided by the department. 
3.  Denial of compensation.  If the department denies compensation claimed by a 
honeybee owner under this section, the department shall issue a written decision based 
upon the available evidence. The decision must include specification of the facts upon 
which the decision is based and the conclusions on the material issues of the claim. The 
department shall mail a copy of the decision to the honeybee owner. 
4.  Final agency action.  A decision to deny compensation claimed under this section  
is a final agency action for the purposes of judicial review under Title 5, section 11001. 
5.  Deduction from payment.  The department shall reduce a payment made to a 
honeybee owner under this section by any compensation received by the honeybee owner 
for dead honeybees and honeybee colony losses as proceeds from an insurance policy or 
from any other source. 
6.  Honeybee Compensation Fund.  The Honeybee Compensation Fund is 
established as a dedicated, nonlapsing fund administered by the Department of 
Agriculture, Conservation and Forestry for the purpose of providing compensation to 
honeybee owners in accordance with this section.  The fund consists of money 
appropriated by the Legislature and other funds from any public or private source 
received for use for the purpose for which the fund is established. 
Sec. 4.  Rulemaking.  By December 15, 2015, the Department of Agriculture, 
Conservation and Forestry shall adopt rules necessary for the implementation of the 
Maine Revised Statutes, Title 7, chapter 533. 
SUMMARY 
This bill provides for compensation to honeybee owners for honeybee death from the 
application of pesticides.  Under the bill, if honeybee death or loss of a honeybee colony 
was caused by an acute pesticide poisoning and the pesticide applicator cannot be 
identified or the pesticide applicator applied the pesticide product in a manner consistent 
with the pesticide product's label, the Department of Agriculture, Conservation and 
Forestry may compensate the honeybee owner for the fair market value of the honeybees 
or honeybee colony.  If the pesticide applicator can be identified and the applicator 
applied the pesticide product in a manner inconsistent with the product's label, the 
department may collect a penalty from the pesticide applicator sufficient to compensate 
the honeybee owner for the fair market value of the honeybees or honeybee colony and 
shall award the money to the honeybee owner.  The bill provides that fair market value is 
determined by the department upon recommendation by academic experts and honeybee 
owners.