New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 24 - DISEASES OF BEES AND BEEKEEPING ACTIVITIES › Subchapter 1 - DEFINITIONS › Section 2:24-1.1 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
As used in this chapter, the following words and terms shall have the following meanings:
"Adequate source of water" means a constant and continuous source(s) of water provided by the beekeeper, or naturally available, on the same property as the hives.
"Adjoining property" means any property that shares any boundary with the property upon which the subject apiary is located.
"Apiary" means one or more hives (each containing a colony) of honeybees that are kept at a single location. The property where the hive(s) are located may or may not be owned by the owner of the hives. If used for overwintering hives, apiaries must be registered pursuant to N.J.A.C. 2:24-3.1.
"Bee" means members of the genus Apis.
"Beekeeper" means any person or entity who owns and engages in the breeding or keeping of honeybee hive or hives.
"Certified and licensed responsible pesticide applicator" means any responsible pesticide applicator who is certified and licensed pursuant to the provisions of either N.J.A.C. 7:30-6, Commercial Pesticide Applicators, or N.J.A.C. 7:30-8, Private Pesticide Applicators.
"Colony" means an aggregate of bees, the hive, and associated equipment, including honeybees, comb, pollen, and brood.
"Commercial beekeeper" means:
1. A beekeeping operation that overwinters hives and produces honey or other agricultural or horticultural apiary-related products;
2. Provides crop pollination services, worth $ 10,000 or more annually; and/or
3. Otherwise qualifies as a commercial farm pursuant to the Right to Farm Act, N.J.S.A. 4:1C-1et seq., as amended and supplemented.
"Commercial pesticide operator" means any person who applies pesticides by equipment other than aerial under the direct supervision of a responsible commercial pesticide applicator.
"Consignee" means the receiver of any bees or equipment shipped into New Jersey.
"Department" means the New Jersey Department of Agriculture.
"Deep frame" means a moveable frame designed to fit a standard 9 5/8 inch tall hive.
"Divide" or "split" means bees and brood on drawn frames, with or without a queen. The number of frames, and the ratio of brood to honey or pollen, may vary, but never exceeds 10 frames.
"Equipment" means hive parts, bee-related tools and extracting or wax rendering appliances.
"Governing authority" means the Department or its designee or, if the Department delegates authority to a municipality, the governing body of the municipality or its designee as approved by the Department pursuant to N.J.A.C. 2:24-7.4
"Hive" means the manmade structure with removable frames intended for the housing of and that contains a colony of honey bees.
"Hive identification" means a mark that has been branded, engraved, painted, or written with permanent marker on each hive(s) and that shall be a name, number, initials, or image.
"Hobbyist beekeeper" means one who engages in beekeeping and may gift or sell apiary products involving the bees or apiary products, who is not a commercial beekeeper.
"Man-made native bee hive" means a tube or other apparatus in which bees may nest and that is installed to attract native bees.
"Migratory commercial beekeeper" means a commercial beekeeper who moves his or her hives to different locations in New Jersey and/or to different states throughout the seasons to facilitate pollination of feed crops and take advantage of nectar flows, but who does not overwinter the hives in New Jersey and is not required to register pursuant to N.J.A.C. 2:24-3.1.
"Native bee" means a bee of a species that is native to the State and does not produce honey, but provides for the pollination of crops or plants, or other agricultural, environmental, or horticultural benefits.
"Nucleus" means a small honeybee hive with between three to five deep frames, or their equivalent, in the box and no supers attached.
"Nuc box" is a small box commonly used by beekeepers to house a nucleus.
"Overwintering" means keeping hives within New Jersey from November through March.
"Package" means a group of bees, with or without a queen, shipped without comb in a wire cage.
"Pesticide applicator" means any person who is required to be certified and registered pursuant to the provisions of either N.J.A.C. 7:30-6, Commercial Pesticide Applicators, or N.J.A.C. 7:30-8, Private Pesticide Applicators.
"Private pesticide applicator" means any person who uses or supervises the use of any pesticide for the purposes of producing any agricultural commodity on property owned or rented by him or her or his or her employer or, if applied without compensation other than trading of personal services between producers of agricultural commodities, on the property of another person.
"Queen" means the female reproductive caste of the honey bee. These normally are shipped in small individual cages and are often accompanied by up to a half dozen sterile workers as attendants.
"Responsible pesticide applicator" means any individual who is accountable for the use of a pesticide by himself or herself or any person under his or her direct supervision.
"Scale" means the remains of an immature bee that has died from the American foulbrood disease.
"Secretary" means the Secretary of Agriculture or an authorized designee.
"Seller" means any person or business entity which offers for sale queens, packages or divides into or within New Jersey or to New Jersey residents.
"Shipper" means any person or business entity that ships or dropships queens, packages, or divides into New Jersey or to New Jersey residents.
"Super" refers to any hive body or smaller box used for the storage of surplus honey that is placed over or above the brood chamber
"Swarming" refers to the natural methodof propagation of the honeybee colony where a portion of the colony leaves looking for a new location.
"Undeveloped tract of land" means anyland that is not improvedor actually in the process of being improved with residential, commercial, industrial, church, park, school or governmental facilities, or other structures or improvements intended for human use and occupancy, and the grounds maintained in association therewith