Minnesota Session Laws - 1984, Regular Session

  

                         Laws of Minnesota 1984 

                        CHAPTER 517-H.F.No. 1663 
           An act relating to agriculture; making certain changes 
          in apiary law; amending Minnesota Statutes 1983 
          Supplement, sections 19.55; 19.56; 19.57; 19.58, 
          subdivisions 1 and 2; 19.64, subdivision 1, and by 
          adding a subdivision; repealing Minnesota Statutes 
          1983 Supplement, section 19.58, subdivision 6.  
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1983 Supplement, section 
19.55, is amended to read: 
    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.  If the commissioner orders 
it, the disease or exotic parasite 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, 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. 2.  Minnesota Statutes 1983 Supplement, section 19.56, 
is amended to read:  
    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 whose owners or operators have not 
eliminated, treated, or controlled bee diseases or exotic 
parasites within the time specified and in the manner ordered by 
the commissioner, as provided in section 19.55; apiaries having 
bees in hives without movable frames where inspection for bee 
diseases is not possible; and colonies of bees, queen nuclei, or 
shipments of used bee equipment which entered this state in 
violation of section 19.58 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. 3.  Minnesota Statutes 1983 Supplement, section 19.57, 
is amended to read: 
    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, 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.  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.  No person may 
violate the terms of a quarantine issued by the commissioner.  
     Sec. 4.  Minnesota Statutes 1983 Supplement, section 19.58, 
subdivision 1, is amended to read: 
    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, 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.  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 either an inspection within 60 days 
before entry, and must show that a percentage of the shipment 
acceptable to the commissioner was actually inspected or an 
affidavit.  
    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.  
     Sec. 5.  Minnesota Statutes 1983 Supplement, section 19.58, 
subdivision 2, is amended to read:  
    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 and apparently free 
of American foulbrood and European foulbrood.  The commissioner 
shall determine by rule the meaning of the term "apparently 
free."  
     Sec. 6.  Minnesota Statutes 1983 Supplement, section 19.64, 
subdivision 1, is amended to read: 
    Subdivision 1.  [REGISTRATION.] 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 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.  
    Sec. 7.  Minnesota Statutes 1983 Supplement, section 19.64, 
is amended by adding a subdivision to read:  
    Subd. 4a.  [OTHER FEES.] On request the commissioner may 
make special inspections and 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.  
    Sec. 8.  [REPEALER.] 
    Minnesota Statutes 1983 Supplement, section 19.58, 
subdivision 6, is repealed. 
    Approved April 25, 1984