HF 3077

as introduced - 88th Legislature (2013 - 2014) Posted on 03/13/2014 02:55pm

A bill for an act
relating to agriculture; reestablishing an apiary registration and inspection
program; designating the Minnesota Zoo as the state pollinator bank; providing
penalties; appropriating money for a pollinator conservation program feasibility
study; amending Minnesota Statutes 2012, section 85A.02, subdivision 2;
proposing coding for new law in Minnesota Statutes, chapter 19.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [19.70] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin For the purposes of this chapter the terms defined in this
section have the meanings given.
new text end

new text begin Subd. 2. new text end

new text begin Abandoned apiary. new text end

new text begin "Abandoned apiary" means any apiary not regularly
attended in accordance with good beekeeping practices and which constitutes a disease or
parasite hazard to the beekeeping industry.
new text end

new text begin Subd. 3. new text end

new text begin Africanized honeybees. new text end

new text begin "Africanized honeybees" means Africanized
honeybees using United States Department of Agriculture standards.
new text end

new text begin Subd. 4. new text end

new text begin Apiary. new text end

new text begin "Apiary" means a place where a collection of one or more hives or
colonies of bees or the nuclei of bees are kept.
new text end

new text begin Subd. 5. new text end

new text begin Authorized agent. new text end

new text begin "Authorized agent" means an individual who is not
a state employee and who performs inspections under this chapter under contract with
the commissioner.
new text end

new text begin Subd. 6. new text end

new text begin Bee diseases. new text end

new text begin "Bee diseases" means infectious, contagious, or harmful
diseases including but not limited to: American or European foulbrood, sacbrood,
chalkbrood, Nosema, bee paralysis, or abnormal condition of egg, larval, pupal, or adult
stages of bees.
new text end

new text begin Subd. 7. new text end

new text begin Bee equipment. new text end

new text begin "Bee equipment" means hives, supers, frames, veils,
gloves, and any apparatus, tool, machine, vehicle, or other device used in the handling,
moving, or manipulating of bees, honey, wax, or hives, including containers of honey or
wax which may be used in an apiary or in transporting bees and their products and apiary
supplies.
new text end

new text begin Subd. 8. new text end

new text begin Beekeeper. new text end

new text begin "Beekeeper" means a person who keeps bees.
new text end

new text begin Subd. 9. new text end

new text begin Beekeeping. new text end

new text begin "Beekeeping" means the moving, raising, and producing of
bees, beeswax, honey, related products, and pollination.
new text end

new text begin Subd. 10. new text end

new text begin Bees. new text end

new text begin "Bees" means any stage of the common honeybee, Apis mellifera
(L).
new text end

new text begin Subd. 11. new text end

new text begin Colony. new text end

new text begin "Colony" means the aggregate of worker bees, drones, the queen,
and developing young bees living together as a family unit in a hive or other dwelling.
new text end

new text begin Subd. 12. new text end

new text begin Commissioner. new text end

new text begin "Commissioner" means the commissioner of agriculture
or the commissioner's authorized agents.
new text end

new text begin Subd. 13. new text end

new text begin Department. new text end

new text begin "Department" means the Department of Agriculture.
new text end

new text begin Subd. 14. new text end

new text begin Exotic parasite. new text end

new text begin "Exotic parasite" means any parasite harmful to bees
including but not limited to: Varroa jacobsoni, Tropilaelaps clareae, or Acarapis woodi.
new text end

new text begin Subd. 15. new text end

new text begin Hive. new text end

new text begin "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, which is
used as domicile for bees.
new text end

new text begin Subd. 16. new text end

new text begin Inspection certificate. new text end

new text begin "Inspection certificate" means an official record,
recorded on a form prescribed by the department, which shows that the apiary has been
inspected by the department and which states any diseases found.
new text end

new text begin Subd. 17. new text end

new text begin Permit. new text end

new text begin "Permit" means a written statement of authorization to allow
bees or equipment to enter the state or to move within the state.
new text end

new text begin Subd. 18. new text end

new text begin Queen apiary. new text end

new text begin "Queen apiary" means any apiary or premises in which
queen bees are reared or kept for sale or gift.
new text end

Sec. 2.

new text begin [19.72] COMMISSIONER'S DUTIES.
new text end

new text begin Subdivision 1. new text end

new text begin Enforcement; rules. new text end

new text begin The commissioner must enforce this chapter.
The commissioner may make all necessary examinations and inspections and may adopt
rules necessary to enforce this chapter promptly and effectively. The commissioner may
employ classified civil service employees necessary to administer this chapter, and may
contract with individuals to serve as authorized agents.
new text end

new text begin Subd. 2. new text end

new text begin Prevention of disease; exotic parasites; exotic strains. new text end

new text begin The commissioner
shall take measures necessary to prevent the introduction, spread, or dissemination of
infectious diseases, exotic parasites, or exotic strains of honeybees and to bring actions
and proceedings to enforce this chapter.
new text end

Sec. 3.

new text begin [19.74] INSPECTIONS; ACCESS TO PROPERTY; IMPEDING
COMMISSIONER.
new text end

new text begin Subdivision 1. new text end

new text begin Access for inspection and enforcement. new text end

new text begin The commissioner
may enter upon any public or private premises at all reasonable times, after providing
notification to the owner or operator, to inspect any apiary or other structure that contains
bees, honey, bee equipment, or comb; to ascertain the existence of or treat any contagious
or infectious bee disease; or to destroy diseased bees or bee equipment that are a public
nuisance. For purposes of this subdivision, notification means providing at least 24 hours'
advance notice by telephone, e-mail, mail, or facsimile of the commissioner's entry upon
the premises. The commissioner is not required to provide notification if: (1) the owner
or operator cannot be readily identified; (2) the entry upon the premises is in response
to a complaint to the commissioner; (3) the entry is upon the request of the owner or
operator; or (4) the entry is in response to a declared emergency by the commissioner.
The commissioner may open any hive, colony, package, or receptacle that contains, or
that the commissioner has reason to believe contains, any bees, comb, bee products, used
bee equipment, or anything else that is capable of transmitting infectious bee diseases or
exotic parasites. The commissioner may stop pedestrians and motor vehicles when they
are carrying any bees, comb, used bee equipment, or anything else which is capable of
transmitting infectious diseases or parasites of bees. The commissioner may inspect at any
time or place any bees, bee products, or used bee equipment shipped within or into the state.
new text end

new text begin Subd. 2. new text end

new text begin Impeding commissioner unlawful. new text end

new text begin It is unlawful to deny to the
commissioner access to any premises that the commissioner is authorized to enter for
purposes of inspection or to resist, thwart, or hinder the commissioner in carrying out
any authorized inspection by misrepresentation, concealment of facts or conditions, or
otherwise.
new text end

Sec. 4.

new text begin [19.76] SANITARY INSPECTION OF APIARY OR STORAGE PLACE.
new text end

new text begin The commissioner may inspect the sanitary conditions of any apiary or honey
house or building or portion of building or container in which honey is stored, graded,
or processed. If the commissioner finds any unsanitary conditions, the commissioner
shall notify the owner or operator in writing to put the honey house, building, or portion
of building or container in a sanitary condition within a reasonable length of time. Any
operator or owner of a honey house, building, or container who fails to obey the notice is
guilty of a misdemeanor.
new text end

Sec. 5.

new text begin [19.78] INSPECTION; NOTIFICATION OF DISEASES.
new text end

new text begin If, upon inspection of a bee colony, the commissioner finds any bee disease, exotic
parasite, or Africanized honeybees, the commissioner shall notify the owner or operator
of the bees in writing, stating the nature of the problem. If the commissioner orders it,
the disease, exotic parasite, or Africanized honeybees must be eliminated, treated, or
controlled by the owner or operator within the time period and in the manner ordered by
the commissioner. The written notice may be served by handing a copy to the owner or
operator of the apiary or by either registered or certified mail addressed to the last known
address of the owner or operator of the apiary.
new text end

Sec. 6.

new text begin [19.80] PUBLIC NUISANCES; DESTRUCTION OF BEES.
new text end

new text begin Apiaries whose owners or operators have not eliminated, treated, or controlled bee
diseases, exotic parasites, or Africanized honeybees within the time specified and in the
manner ordered by the commissioner, as provided in section 19.78 and colonies of bees,
queen nuclei, or shipments of used bee equipment that entered this state in violation of
section 19.86 are a public nuisance. The commissioner, after written notice to the owner
or operator of the bees and equipment, may destroy, by burning or otherwise, without any
remuneration to the owner, infected or infested bees, hives, or used bee equipment that are
a public nuisance under this section. The notice may be served by handing a copy to the
owner or operator or by registered or certified mail addressed to the last known address of
the owner or operator of the apiary.
new text end

Sec. 7.

new text begin [19.82] AFRICANIZED HONEYBEES; POSSESSION.
new text end

new text begin A beekeeper may not use a swarm of honeybees positively identified as being
Africanized in a beekeeping operation.
new text end

Sec. 8.

new text begin [19.84] QUARANTINE.
new text end

new text begin Where it has been determined that disease, an exotic parasite, or an exotic strain
of honeybees has been found in an apiary, the commissioner may quarantine the apiary
to restrict, regulate, or prevent movement of bee colonies. The commissioner shall post
any quarantined apiary with a notice of quarantine and shall send a written notice to the
owner or operator of the apiary. No person may violate the terms of a quarantine issued by
the commissioner.
new text end

Sec. 9.

new text begin [19.86] INTERSTATE MOVEMENT OF BEES AND USED BEE
EQUIPMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Entry permit. new text end

new text begin (a) No person may bring into this state any bees on
comb, including nuclei, or used bee equipment without an entry permit issued by the
commissioner. A person who wishes to bring any bees on comb or used bee equipment
into the state shall apply for an entry permit at least 60 days before the date of entry.
No entry permit may be issued without a valid compliance agreement signed by the
commissioner and the beekeeper. The compliance agreement must be based on the model
honeybee certification plan. The 60-day requirement may be waived by the commissioner.
new text end

new text begin (b) Before entry, any person required to obtain an entry permit shall furnish to
the commissioner a copy of a valid certificate of inspection signed by a responsible
official of the state where the bees or equipment originated unless the person's bees
have been inspected in Minnesota within 12 months before entry. The certificate must
be based on an inspection. A person may not bring into the state any bees on comb
including nuclei, combless bees, or used bee equipment from any county or parish where
Africanized honeybees have been found unless it is demonstrated to the satisfaction of the
commissioner that there will be no risk of introduction of Africanized honeybees into the
state. Bees or equipment brought into the state in violation of this subdivision are a public
nuisance and may be destroyed without notice by the commissioner.
new text end

new text begin (c) This subdivision does not apply to a common carrier transporting bees or used bee
equipment from a point of origin outside of the state to a destination outside of the state.
new text end

new text begin Subd. 2. new text end

new text begin Certificate of inspection from state of origin. new text end

new text begin No person may bring any
combless bees, including queen bees, into this state without a statement showing the names
and addresses of the consignors or shippers, the consignees or persons to whom shipped,
and the locality of origin, and a certificate of inspection signed by a responsible official
of the state from which it was brought. The statement must appear clearly and legibly in
a conspicuous place on the package containing the material, or on a tag or other device
attached to the package or the vehicle carrying the package. The certificate of inspection
must show that the beekeeper is using certified European queen bees in all colonies.
new text end

new text begin Subd. 3. new text end

new text begin Effect of inspection certificates. new text end

new text begin A certificate of inspection from another
state is prima facie evidence of the facts stated in the certificate. The commissioner may
inspect any bees or used bee equipment brought into the state with a certificate of inspection
from the state of origin and may subject the materials to treatment or return them to the
consignor at the consignor's expense if the commissioner finds Africanized honeybees.
new text end

new text begin Subd. 4. new text end

new text begin Denial of permit. new text end

new text begin The commissioner may deny a permit for just cause
after five days' notice and an opportunity for the person to be heard.
new text end

new text begin Subd. 5. new text end

new text begin Nuisance; removal. new text end

new text begin Bees and used bee equipment brought into the state
in violation of this section may be declared a nuisance by the commissioner, and must
be removed from the state within seven days after notification by the commissioner. If
the bees and used bee equipment are not removed from the state, the commissioner may
proceed as provided in section 19.80.
new text end

Sec. 10.

new text begin [19.88] ABANDONED APIARIES.
new text end

new text begin (a) An abandoned apiary is subject to quarantine. If an abandoned apiary remains
abandoned for 20 days after the owner or operator has been notified by the commissioner
to cease the abandonment and neglect of the apiary, the commissioner shall take possession
of the apiary. The commissioner may dispose of the abandoned apiary equipment by sale,
destruction, or distribution to another beekeeper. A purchaser at the public sale shall
receive a certificate of purchase signed by the commissioner reciting the description of
the apiary purchased and the amount paid.
new text end

new text begin (b) After deducting the expense of the public sale and applying the unpaid balance
upon all encumbrances or liens existing against the abandoned apiary sold, the balance of
the proceeds shall be paid to the owner of the apiary which was sold.
new text end

Sec. 11.

new text begin [19.90] MAILING QUEEN BEES.
new text end

new text begin It is unlawful for any person who sells queen bees in this state in mailing cages to
place any candy containing honey in any mailing cage.
new text end

Sec. 12.

new text begin [19.92] REVOCATION OF INSPECTION CERTIFICATE.
new text end

new text begin An inspection certificate issued by the commissioner may be revoked for just cause.
new text end

Sec. 13.

new text begin [19.94] REGISTRATION; FEES.
new text end

new text begin Subdivision 1. new text end

new text begin Registration. new text end

new text begin Every person who owns, leases, or possesses colonies
of bees or who intends to bring bees into the state under an entry permit shall register the
bees with the commissioner on or before April 15 of each year. The registration application
shall include the name and address of the applicant, a description of the exact location of
each of the applicant's apiaries by county, township, range and quarter section, and other
information required by the commissioner. The fee for registration under this subdivision is
$10. The commissioner shall provide registered beekeepers with the Minnesota pest report.
new text end

new text begin Subd. 2. new text end

new text begin Other fees. new text end

new text begin On request the commissioner may make inspections for
sale of bees, bee equipment, or appliances or perform other necessary services. The
commissioner shall charge a fee or charge for expenses so as to recover the cost of
performing these inspections or services. If a person for whom these inspections or
services are to be performed requests it, the commissioner shall provide to the person in
advance an estimate of the fees or expenses that will be charged.
new text end

Sec. 14.

new text begin [19.96] VIOLATION; PENALTY.
new text end

new text begin A person who violates any provision of this chapter is guilty of a misdemeanor. A
person whose agents or representatives violate any provision of sections of this chapter
is also guilty of a misdemeanor. A person who violates this chapter is subject to an
administrative penalty under section 17.982, subdivision 2.
new text end

Sec. 15.

Minnesota Statutes 2012, section 85A.02, subdivision 2, is amended to read:

Subd. 2.

Zoological Garden.

The board shall acquire, construct, equip, operate
and maintain the Minnesota Zoological Garden at a site in Dakota County legally
described in Laws 1975, chapter 382, section 12. The Zoological Garden shall consist
of adequate facilities and structures for the collection, habitation, preservation, care,
exhibition, examination or study of wild and domestic animals, including, but not limited
to mammals, birds, fish, amphibians, reptiles, crustaceans new text begin , pollinators, new text end and mollusks. The
board may provide such lands, buildings and equipment as it deems necessary for parking,
transportation, entertainment, education or instruction of the public in connection with
such Zoological Garden. new text begin The Zoological Garden is the official pollinator bank for the
state of Minnesota.
new text end

Sec. 16. new text begin APPROPRIATION; FEASIBILITY STUDY.
new text end

new text begin $100,000 in fiscal year 2015 is appropriated from the general fund to the Minnesota
Zoological Board to study the feasibility of expanding the Prairie Butterfly Conservation
Program to other beneficial pollinators, where practical, in order to avert possible extinction
by preserving genetic integrity and maintaining breeding populations of each species.
new text end