NY Agric & Mkts L § 174 (2021)
2021 New York Laws AGM - Agriculture and Markets Article 15 - Bee Diseases 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  his  possession  or under  his  care  any  colony  of  bees  affected  with  a contagious or infectious  disease  or  infested  by  insects  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 this state's  useful  bee  population,  crops,  or  other plants.  Any  person  who knows that any bees owned or controlled by him are affected with, or have been exposed to, any contagious or infectious disease, insects 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  this  state's useful bee population, crops, or other plants, shall at once report such fact  to the commissioner, stating all facts known to him with reference to said contagion, infection, or exposure.   2. No person shall  hide  or  conceal  any  bees  or  used  beekeeping equipment  from  the  inspector  or give false information in any manner pertaining to this article. No person shall resist, impede or hinder the commissioner or his duly authorized representatives in the discharge  of his or their duties.   3.  Whenever  the  commissioner or his 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  useful 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  his  duly authorized representatives.   4.  All  species  and subspecies of bees which have been determined by the commissioner to  cause  injury,  directly  or  indirectly,  to  this state's  useful  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 him to cause injury,  directly  or  indirectly,  to  this  state's  useful  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 his  duly  authorized representative   discloses  that  any  apiary,  appliances,  structures, colonies or comb constitute  a  nuisance  within  the  meaning  of  this section,  the  commissioner  or  his 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 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 his duly authorized representative shall notify in writing the owner, occupant or person in charge of the premises 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  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. If the order directs the destruction of any bees,  hives,  fixtures or appurtenances and the owner thereof considers himself to be aggrieved thereby, he may, within five days from the receipt of the order, present to  the  commissioner  a  request  for  a review. Written notice of such request must be served by mail upon the commissioner.  Upon  receipt  of such  notice,  the commissioner shall cause an investigation to be made. The request for a review shall act to stay  all  proceedings  until  the matter  has  been investigated and a final determination rendered by the commissioner. During the time specified in  the  order  and  during  any extended  time  permitted  by  reason  of  such  review  the quarantined colonies and equipment shall not be removed, molested or  tampered  with except  by written permission of the commissioner or his 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 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  insects  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, five and six of this section.   * NB Effective until December 23, 2021   * § 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.   * NB Effective December 23, 2021