NY Agric & Mkts L § 173-C (2021)
2021 New York Laws AGM - Agriculture and Markets Article 15 - Bee Diseases 173-C - Cooperative Honey Bee Health Improvement Program.

* §  173-c.  Cooperative  honey  bee health improvement program. 1. In support of the duties outlined in this article, as well as the goals and objectives for pollinator protection; the commissioner  shall  create  a cooperative  honey  bee  health  improvement  program which will require that:  (a) All beekeepers shall provide to the  commissioner  the  number  of managed colonies; the county in which each of these colonies is located; and  current  contact  information  of  the  individual  or  individuals responsible for the care  of  these  bees.  All  beekeepers  shall  also indicate  whether they intend to sell nucleus colonies. This information shall be updated and provided to the commissioner on an annual basis.  (b) The department shall  use  this  information  to  communicate  the incidence  of  infectious  diseases and parasites at the county level to beekeepers and bee clubs and to notify beekeepers of the potential  need for  the  department  to prohibit the movement or selling of diseased or infested bees or require the destruction of such  bees.  The  department shall  also  use this information to establish the boundaries of disease and parasite infestations in the area surrounding a confirmed disease or parasite infestation.  (c) Any individual or business that intends to  sell  nucs  or  queens produced  within  and offered for sale to other persons in New York must first have an inspection of its apiaries, as authorized by  section  one hundred  seventy-three-b  of  this  article,  by  the  department  which inspections shall continue on an annual basis, so long as nucs or queens are offered for sale. These inspections  shall  ascertain  whether  such beekeeper's apiaries are free from American Foulbrood and whether levels of  other  infectious diseases and parasites in the operation render the nucs or queens unfit for sale. Any individual or business whose nucs  or queen rearing colonies are found to be infested with American Foulbrood, after laboratory confirmation, shall be prohibited from selling nucs and queens  until the affected apiaries are reinspected and found to be free from American Foulbrood. If upon  re-inspection,  symptoms  of  American Foulbrood  are  found  to persist, the prohibition from selling nucs and queens shall  continue,  and  the  department  shall  take  samples  for laboratory  testing  for  the  continued presence of American Foulbrood. Should the laboratory test results show the samples free  from  American Foulbrood,  the  department  shall  promptly  notify  the  individual or business of the test results and the termination of the  prohibition  of the sale of nucs and queens.  (d)  No  person  shall  knowingly transport, move, buy, sell, possess, barter, offer for sale or barter, deliver, or offer  for  transportation any  species  or  subspecies  of  bees which 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; provided, however, that the commissioner may,  at  his  or her  discretion,  exempt the transportation, sale, possession, movement, or delivery of such bees used for  scientific  or  educational  purposes under such safeguards as deemed necessary by the commissioner.  (e) Every shipment of live bees in cages or packages without comb into this  state  from another state or foreign country, shall be accompanied by a permit issued by the commissioner, or by a certificate  of  freedom from  disease  executed  by an official of such state or foreign country recognized by the commissioner.  (f) Every shipment  of  a  colony  of  bees,  used  brood  comb,  used beekeeping  equipment, or live bees on comb into this state from another state or foreign country, shall be accompanied by a permit issued by the commissioner or by a certificate of freedom from diseases and  parasitic organisms  adversely  affecting  bees  and from species or subspecies of  bees which have been determined by  the  commissioner  to  cause  injury directly  or  indirectly, to the public safety or to the state's managed bee population, crops, or other plants; and  certifying  that  a  proper inspection  was  made  not earlier than sixty days preceding the date of shipment. Such certificate shall be executed by the certifying  official of  such  state or foreign country. A duplicate of such certificate must be received by the department before any such shipment enters the state. Every transportation company that knowingly receives such shipment shall immediately notify the commissioner thereof, giving the name and address of the consignor or consignee.   2. The goals of the cooperative honey bee health  improvement  program shall be to:  (a)  document the health of the state's managed pollinator population, including the presence of parasites, diseases, and environmental threats to the state's population of managed pollinators;  (b)  provide  information  on  honey   bee   health   to   beekeepers, stakeholders  and  academia  to  inform  research  and  best  management practices related to pollinator health;  (c) document the annual population  of  managed  pollinators  in  each county within New York state; and  (d) collect contact information for each beekeeper to allow for better communication  among  the  department  and  beekeepers  relating  to the incidence of parasites, disease and other health threats that  could  be transmitted within the flight range of managed pollinators.   3.  There shall be no fee or other registration cost for participation in the cooperative honey bee health improvement program.   4. A beekeeper required to  submit  information  to  the  commissioner pursuant  to  this section may request that such information be exempted from disclosure pursuant to subdivision five of section  eighty-nine  of the public officers law.   * NB Effective December 23, 2021