Minnesota Session Laws - 1993, Regular Session

  
    Laws of Minnesota 1993 

                         CHAPTER 233-H.F.No. 50 
           An act relating to agriculture; changing the apiary 
          laws; amending Minnesota Statutes 1992, sections 
          19.50, by adding a subdivision; 19.52, subdivision 1; 
          19.55; 19.56; 19.58, subdivisions 1, 2, and 4; 19.59; 
          19.64, subdivisions 1 and 4a; and 19.65; proposing 
          coding for new law in Minnesota Statutes, chapter 19; 
          repealing Minnesota Statutes 1992, sections 19.51, 
          subdivision 3; 19.54; 19.58, subdivisions 3, 7, and 8; 
          19.60; 19.61, subdivision 2; 19.62; and 19.64, 
          subdivisions 2, 3, and 4. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1992, section 19.50, is 
amended by adding a subdivision to read: 
    Subd. 12a.  [AFRICANIZED HONEYBEES.] "Africanized honeybees"
means Africanized honeybees using United States Department of 
Agriculture standards. 
    Sec. 2.  Minnesota Statutes 1992, section 19.52, 
subdivision 1, is amended to read: 
    Subdivision 1.  [ACCESS FOR INSPECTION AND ENFORCEMENT.] 
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 
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.  For purposes of this subdivision, 
notification means providing at least 24 hours' advance notice 
by telephone, 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 which contains, or 
which the commissioner 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.  
    Sec. 3.  Minnesota Statutes 1992, 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, or Africanized honeybees, 
the commissioner shall notify the owner or operator of the bees 
in writing, stating the nature of the disease or parasite 
problem.  If the commissioner orders it, the disease or, 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, by leaving a copy with an adult person residing 
upon the premises, or by either registered or certified mail 
addressed to the last known address of the owner or operator of 
the apiary.  
    Sec. 4.  Minnesota Statutes 1992, section 19.56, is amended 
to read: 
    19.56 [PUBLIC NUISANCES; DESTRUCTION OF BEES.] 
    Apiaries whose owners or operators have not eliminated, 
treated, or controlled bee diseases or, exotic parasites, or 
Africanized honeybees 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 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 last known address 
of the owner or operator of the apiary.  
    Sec. 5.  [19.561] [AFRICANIZED HONEYBEES; POSSESSION.] 
    A beekeeper may not use a swarm of honeybees positively 
identified as being Africanized in a beekeeping operation. 
    Sec. 6.  Minnesota Statutes 1992, section 19.58, 
subdivision 1, is amended to read: 
    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.  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 for a hobbyist beekeeper who intends 
to become a resident of Minnesota and who brings ten colonies or 
less into the state by the commissioner.  
    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 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 honey bee trachael mites or Africanized bees 
honeybees have been found unless it is demonstrated to the 
satisfaction of the commissioner that there will be no risk of 
introduction either of trachael mites or Africanized bees 
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. 
    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. 7.  Minnesota Statutes 1992, 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, 
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 exotic parasites or exotic 
strains of honey bees and apparently free of American foulbrood 
and European foulbrood beekeeper is using certified European 
queen bees in all colonies.  The commissioner shall determine by 
rule the meaning of the term "apparently free."  
    Sec. 8.  Minnesota Statutes 1992, section 19.58, 
subdivision 4, is amended to read: 
    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 Africanized honeybees.  
    Sec. 9.  Minnesota Statutes 1992, section 19.59, is amended 
to read: 
    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.  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.  
    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. 10.  Minnesota Statutes 1992, 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 April 15 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 apiaries by 
county, township, range and quarter section, and other 
information required by the commissioner.  The fee for 
registration under this subdivision is $7.50 $10.  The 
commissioner shall provide registered beekeepers with the 
Minnesota pest report.  
    Sec. 11.  Minnesota Statutes 1992, section 19.64, 
subdivision 4a, is amended 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. 12.  Minnesota Statutes 1992, section 19.65, is 
amended to read: 
    19.65 [VIOLATION; PENALTY.] 
    A person who violates any provision of sections 19.50 to 
19.65 is guilty of a misdemeanor.  A person whose agents or 
representatives violate any provision of sections 19.50 to 19.65 
is also guilty of a misdemeanor.  A person who violates sections 
19.50 to 19.65 is subject to an administrative penalty under 
sections 17.982, subdivision 2, to 17.984.  
    Sec. 13.  [REPEALER.] 
    Minnesota Statutes 1992, sections 19.51, subdivision 3; 
19.54; 19.58, subdivisions 3, 7, and 8; 19.60; 19.61, 
subdivision 2; 19.62; and 19.64, subdivisions 2, 3, and 4, are 
repealed. 
    Sec. 14.  [EFFECTIVE DATE.] 
    Sections 1 to 9 and 11 to 13 are effective the day 
following final enactment. 
    Presented to the governor May 14, 1993 
    Signed by the governor May 17, 1993, 4:45 p.m.