2023 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  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.