Minnesota Session Laws - 1983, Regular Session

  

                         Laws of Minnesota 1983 

                         CHAPTER 31--S.F.No. 107
           An act relating to agriculture; providing for 
          regulation of apiaries; imposing penalties; proposing 
          new law coded in Minnesota Statutes, chapter 19; 
          repealing Minnesota Statutes 1982, sections 19.18 to 
          19.41. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  [19.50] [DEFINITIONS.] 
    Subdivision 1.  [SCOPE.] For the purposes of sections 1 to 
16 the terms defined in this section have the meanings given 
them.  
    Subd. 2.  [APIARY.] "Apiary" means a place where a 
collection of one or more hives or colonies of bees or the 
nuclei of bees are kept.  
    Subd. 3.  [ABANDONED APIARY.] "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.  
    Subd. 4.  [BEE DISEASES.] "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.  
    Subd. 5.  [BEE EQUIPMENT.] "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.  
    Subd. 6.  [BEEKEEPER.] "Beekeeper" means a person who keeps 
bees.  
    Subd. 7.  [BEEKEEPING.] "Beekeeping" means the moving, 
raising, and producing of bees, beeswax, honey, related 
products, and pollination.  
    Subd. 8.  [BEES.] "Bees" means any stage of the common 
honey bee, Apis mellifera (L).  
    Subd. 9.  [COLONY.] "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.  
    Subd. 10.  [COMMISSIONER.] "Commissioner" means the 
commissioner of agriculture or his authorized agents.  
    Subd. 11.  [DEPARTMENT.] "Department" means the department 
of agriculture.  
    Subd. 12.  [EXOTIC PARASITE.] "Exotic parasite" means any 
parasite harmful to bees including but not limited to:  Varroa 
jacobsoni, Tropilaelaps clareae, or Acarapis woodi.  
    Subd. 13.  [HIVE.] "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.  
    Subd. 14.  [INSPECTION CERTIFICATE.] "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.  
    Subd. 15.  [PERMIT.] "Permit" means a written statement of 
authorization to allow bees or equipment to enter the state or 
to move within the state.  
    Subd. 16.  [PERSON.] "Person" means an individual, firm, 
partnership, association, corporation, or organized group of 
persons whether incorporated or not.  
    Subd. 17.  [QUEEN APIARY.] "Queen apiary" means any apiary 
or premises in which queen bees are reared or kept for sale or 
gift.  
    Subd. 18.  [AUTHORIZED AGENT.] "Authorized agent" means an 
individual who is not a state employee and who performs 
inspections under sections 1 to 16 under contract with the 
commissioner.  
    Sec. 2.  [19.51] [COMMISSIONER'S DUTIES.] 
    Subdivision 1.  [ENFORCEMENT; RULES.] The commissioner 
shall enforce sections 1 to 16.  The commissioner may make all 
necessary examinations and inspections, and adopt temporary or 
permanent rules necessary to enforce sections 1 to 16 promptly 
and effectively.  The commissioner may employ classified civil 
service employees necessary to administer sections 1 to 16, and 
may contract with individuals to serve as authorized agents. 
    Subd. 2.  [PREVENTION OF DISEASE, EXOTIC PARASITES, EXOTIC 
STRAINS.] The commissioner shall take measures necessary to 
prevent the introduction, spread, or dissemination of infectious 
diseases, exotic parasites, or exotic strains of honey bees and 
to bring actions and proceedings to enforce sections 1 to 16.  
    Subd. 3.  [APIARY SUPERVISOR.] An apiary supervisor shall 
be appointed by the commissioner.  The appointment shall be made 
on the basis of recognized and demonstrated interest in and 
knowledge of apiculture or entomology covering a minimum of five 
years' experience in apicultural interests and bee diseases.  
    Sec. 3.  [19.52] [INSPECTIONS; ACCESS TO PROPERTY; IMPEDING 
COMMISSIONER.] 
    Subdivision 1.  [ACCESS FOR INSPECTION AND ENFORCEMENT.] 
The commissioner may enter upon any public or private premises 
at all reasonable times to inspect any apiary or other structure 
which 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 which are 
a public nuisance.  The commissioner may open any hive, colony, 
package, or receptacle which contains, or which he has reason to 
believe contains, any bees, comb, bee products, used bee 
equipment, or anything else which 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 in or into the 
state.  
     Subd. 2.  [IMPEDING COMMISSIONER UNLAWFUL.] It is unlawful 
to deny to the commissioner access to any premises which 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 or 
facts or conditions, or otherwise.  
    Sec. 4.  [19.53] [SANITARY INSPECTION OF APIARY OR STORAGE 
PLACE.] 
    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, he 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.  
    Sec. 5.  [19.54] [POSTING OF IDENTIFYING INFORMATION.] 
    An apiary which is not located at the owner's or operator's 
place of residence must have posted on it in a conspicuous place 
the name and address of the owner or the person responsible for 
the apiary.  
    Sec. 6.  [19.55] [INSPECTION; NOTIFICATION OF DISEASES.] 
    If, upon inspection of a bee colony, the commissioner finds 
any bee disease or exotic parasite, the commissioner shall 
notify the owner or operator of the bees in writing, stating the 
nature of the disease or parasite.  The disease or parasite must 
be eliminated by the owner or operator within the time period 
ordered by the commissioner.  The written notice may be served 
by handing a copy to the owner or operator of the apiary, by 
leaving a copy with an adult person residing upon the premises, 
or by either registered or certified mail addressed to the owner 
or operator of the apiary at his last known address.  
    Sec. 7.  [19.56] [PUBLIC NUISANCES; DESTRUCTION OF BEES.] 
    Apiaries in which an existing disease or parasite cannot be 
successfully treated; apiaries which are affected by a disease 
amenable to treatment, but which have not been treated within a 
period of seven days after the owner received notice of the 
necessary treatment, as provided in section 6; apiaries having 
bees in hives without movable frames; and colonies of bees, 
queen nuclei, or shipments of used bee equipment which entered 
this state in violation of section 9 or which were found to be 
infected or infested with a bee disease, exotic parasite, or 
exotic strain of bee; 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, any box hives or infected or infested 
bees, hives, or used bee equipment which are a public nuisance 
under this section.  The notice may be served by handing a copy 
to the owner or operator, by leaving a copy with an adult person 
residing upon the premises, or by registered or certified mail 
addressed to the owner or operator of the apiary at his last 
known address.  
    Sec. 8.  [19.57] [QUARANTINE.] 
    It is unlawful for a person to knowingly keep in his 
possession, without proper treatment, a colony of bees infected 
or infested with any bee disease, exotic parasite, or exotic 
strain of honey bees, or to expose any diseased or infested 
colony or bee equipment so that flying bees have access to 
them.  A person who knows that bees owned or controlled by him 
are affected with any infectious disease, exotic parasite, or 
exotic strain of honey bees, shall at once report that fact to 
the department, stating all facts known to him about the 
infection or infestation.  Where it has been determined that 
disease, an exotic parasite, or an exotic strain of honey bees 
has been found in an apiary, the commissioner may quarantine the 
apiary to restrict 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.  If any state is willing to accept bees 
or used bee equipment from a quarantined yard of bees in 
Minnesota, the commissioner may, after all known disease has 
been eliminated, issue a permit allowing the bees and used bee 
equipment to be moved out of the state.  
    Sec. 9.  [19.58] [INTERSTATE MOVEMENT OF BEES AND USED BEE 
EQUIPMENT.] 
    Subdivision 1.  [ENTRY PERMIT.] No person may bring into 
this state any bees on comb 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.  The 60-day requirement may be waived for a hobbyist 
beekeeper who intends to become a resident of Minnesota and who 
brings ten colonies or less into the state.  
     Ten days 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.  The 
certificate must be based on an inspection within 60 days before 
entry, and must show that a percentage of the shipment 
acceptable to the commissioner was actually inspected.  
     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.  
    Subd. 2.  [CERTIFICATE OF INSPECTION FROM STATE OF ORIGIN.] 
No person may bring any combless bees, including queen bees or 
nuclei, 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 official found that 
the materials were free from any infectious bee diseases, exotic 
parasites, or exotic strains of honey bees.  
    Subd. 3.  [APPLICATION FOR ENTRY PERMIT.] A person applying 
for an entry permit shall supply:  
    (a) a statement of facts relating to the disease history of 
the apiary from which the colonies of bees will originate as 
required by the commissioner;  
    (b) a list of locations where the colonies of bees can be 
inspected after they are brought into the state by county, 
range, township, section, and quarter section; and 
    (c) a statement of any convictions of the applicant for 
violation of any apiary law of any state or of the United States.
     Subd. 4.  [EFFECT OF INSPECTION CERTIFICATES.] 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 an infectious bee disease, exotic parasite, 
or exotic strain of bee.  If the commissioner repeatedly finds 
foulbrood in colonies of bees shipped from another state under 
official certificates of inspection, the commissioner may refuse 
to recognize the certificate of that state until the 
commissioner receives satisfactory information that the 
inspection service in that state has corrected the situation.  
    Subd. 5.  [DENIAL OF PERMIT.] The commissioner may deny a 
permit for just cause after five days' notice and an opportunity 
for the person to be heard.  
     Subd. 6.  [PLACEMENT OF COLONIES.] Bee colonies for which 
an entry permit has been issued must be placed at the locations 
listed in the permit.  Notice of the placement must be forwarded 
by the beekeeper to the commissioner within three days after the 
placement.  Each placement of a colony of bees in an unlisted 
location is a separate violation of law.  
     Subd. 7.  [DUTY TO REPORT.] Any person who transports or 
receives bees or used bee equipment knowing that the material is 
without a certificate of inspection or entry permit as required 
by this section shall report that fact promptly to the 
commissioner.  A transporter shall report the names of the 
consignor and consignee and the nature of the shipment.  A 
person receiving bees or used bee equipment shall keep them 
until they are released by the commissioner.  
     Subd. 8.  [PENALTIES.] Any person who brings any bees or 
used bee equipment into the state without a certificate of 
inspection or entry permit as required by this section is guilty 
of a misdemeanor.  Each shipment of bees or used bee equipment 
brought into this state in violation of this section is a 
separate offense.  Each day during which a shipment of bees or 
used bee equipment remains in this state in violation of this 
section is a separate offense.  
    Subd. 9.  [NUISANCE; REMOVAL.] 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 7.  
    Sec. 10.  [19.59] [ABANDONED APIARIES.] 
    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 and proceed to sell it at public 
auction.  A notice specifying the time and place of the auction 
must be served upon the owner in the manner provided for the 
service of process.  No abandoned apiary may be sold at a public 
sale to the owner or operator who abandoned and neglected it.  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.  
    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.  
    Sec. 11.  [19.60] [RECIPROCAL AGREEMENTS.] 
    A person bringing a colony of bees from another state shall 
pay all fees required by sections 1 to 16 unless that state has 
been a party to a reciprocal agreement with Minnesota as 
provided in this section for at least 90 days prior to the date 
of application for an entry permit to bring the bees into 
Minnesota.  
    The commissioner may enter into written reciprocal 
agreements with the responsible officials of other states having 
laws governing apiculture.  The agreements shall provide that 
persons transporting bee colonies from this state have 
exemptions, benefits, and privileges similar to those extended 
to persons from the other state transporting bee colonies into 
Minnesota.  The commissioner may withdraw from a reciprocal 
agreement on 30 days' notice when it is in the best interests of 
Minnesota.  
    Reciprocal agreements under this section are effective when 
filed in the office of the commissioner.  Withdrawals must be in 
writing and are effective at the end of the 30-day period.  
    Reciprocal agreements under this section may contain 
provisions denying exemptions, benefits, or privileges to 
persons who violate specified conditions.  
    Sec. 12.  [19.61] [REARING QUEEN BEES.] 
    Subdivision 1.  [CANDY FOR MAILING CAGES.] 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.  
    Subd. 2.  [INSPECTION OF APIARIES.] All queen rearing and 
queen mating apiaries shall be inspected at least once during 
each summer season by the commissioner.  If upon an inspection, 
bee diseases are found to exist in an apiary, no queen bees may 
be shipped from the apiary until the commissioner declares the 
apiary free from bee diseases.  
    Sec. 13.  [19.62] [BEE MOVEMENT AND SALES.] It is unlawful 
for any person to knowingly sell or offer for sale or to remove 
or ship from any apiary or other premises bees, hives, or bee 
equipment infested with American or European foulbrood. 
Exceptions may be granted by the commissioner by special 
inspection and authorization.  
    Sec. 14.  [19.63] [REVOCATION OF INSPECTION CERTIFICATE.] 
    An inspection certificate issued by the commissioner may be 
revoked for just cause.  
    Sec. 15.  [19.64] [REGISTRATION; FEES.] 
    Subdivision 1.  [REGISTRATION.] Every person who owns, 
leases, or possesses colonies of bees shall register the bees 
with the commissioner on or before July 1 of each year.  The 
registration application shall include the name and address of 
the applicant, a description of the exact location and number of 
each of the applicant's bee colonies by county, township, range 
and quarter section, and other information required by the 
commissioner.  The fee for registration under this subdivision 
is $7.50.  
    Subd. 2.  [INSPECTION FEE.] In addition to the annual 
registration fee, a person owning, leasing, or possessing 11 or 
more bee colonies shall pay an annual inspection fee of 17 cents 
for each colony of bees owned, leased, or possessed.  A person 
owning, leasing, or possessing one to ten colonies is not 
required to pay an inspection fee.  The inspection fee is based 
upon the colony count taken as of June 15 of each year, and is 
payable on or before June 30 each year.  A penalty of 50 percent 
of both the inspection fee and the registration fee imposed by 
subdivision 1 is imposed if a registrant does not apply for a 
registration renewal certificate before August 1 of any year.  
    Subd. 3.  [INITIAL ENTRY INSPECTION FEE.] Upon initial 
entry into this state, beekeepers from other states desiring to 
locate apiaries in Minnesota shall pay in advance the required 
registration fee and an initial inspection fee of $1.50 per 
colony of bees to be located in this state.  
    Subd. 4.  [INSPECTION FEE FOR INTERSTATE SHIPMENT OF BEE 
COLONIES.] An interstate inspection fee of 40 cents for each 
colony inspected shall be paid by the owner, lessor, or 
possessor requesting inspection service.  
    Subd. 5.  [DEPOSIT IN GENERAL FUND.] The commissioner shall 
deposit all fees collected under this section in the general 
fund.  
    Sec. 16.  [19.65] [VIOLATION; PENALTY.] 
    A person who violates any provision of sections 1 to 16 is 
guilty of a misdemeanor.  A person whose agents or 
representatives violate any provision of sections 1 to 16 is 
also guilty of a misdemeanor.  
    Sec. 17.  [REPEALER.] 
    Minnesota Statutes 1982, sections 19.18; 19.19; 19.20; 
19.21; 19.22; 19.23; 19.24; 19.25; 19.26; 19.27; 19.28; 19.29; 
19.30; 19.31; 19.32; 19.33; 19.34; 19.35; 19.36; 19.37; 19.38; 
19.40; and 19.41 are repealed. 
    Approved April 13, 1983