AN ACT Relating to
apiaries; and amending RCW 15.60.005, 15.60.007, 15.60.010, 15.60.040,
15.60.043, and 15.60.050.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
Sec. 1. RCW 15.60.005 and 1993 c
89 s 1 are each amended to read as follows:
Unless the context
clearly requires otherwise, the definitions in this section apply throughout
this chapter:
(1)
"Department" means the department of agriculture of the state of
Washington.
(2)
"Director" means the director of the state department of agriculture
or the director's authorized representative.
(3) "Apiary"
means a site where hives of bees or hives are kept or found.
(4) "Abandoned
hive" means any hive, with or without bees, that evidences a lack of being
properly managed in that it has not been supered in the spring, except nucs, or
unsupered in the fall, or is otherwise unmanaged and left without authorization
and unattended on the property of another person or on public land.
(5)
"Apiarist" means any person who owns bees or is a keeper of bees in
Washington.
(6) "Beekeeping
equipment" means any implements or devices used in the manipulation of
bees, their brood, or hives in an apiary.
(7) "Bees"
means adult insects, eggs, larvae, pupae, or other immature stages of the
species Apis mellifera.
(8)
"Certificate" or "certificate of inspection" means an
official document certifying compliance with the requirements of this chapter and
accompanying the movement of inspected bees, bee hives, or beekeeping
equipment.
(9) "Colony"
refers to a natural group of bees having a queen or queens.
(10) "Compliance
agreement" means a written agreement between the department and a person
engaged in apiculture, or handling, selling, or moving of hives or beekeeping
equipment in which the person agrees to comply with stipulated requirements.
(11) "Feral
colony" means a colony of bees in a natural cavity or a manufactured
structure not intended for the keeping of bees on movable frames and comb.
(12) "Swarm"
means a natural group of bees having a queen or queens, which is the progeny of
a parent colony, without a hive, and not a feral colony.
(13)
"Disease" means American foulbrood, European foulbrood, chalkbrood,
nosema, sacbrood, or any other viral, fungal, bacterial or insect-related
disease affecting bees or their brood.
(14) "Regulated
bee pests" means a disease of bees for which maximum allowable limits of
infection, or mites, or other parasites are set in rule.
(15) "Hive"
means a manufactured receptacle or container prepared for the use of bees, that
includes movable frames, combs, and substances deposited into the hive by bees.
(16) "Person"
means a natural person, individual, firm, partnership, company, society,
association, corporation or every officer, agent, or employee of one of these
entities.
(17) "Bee
pests" means a disease, mite, or other parasite that causes injury to
bees.
(18) "Nets"
means a device that is made of fabricated material and that is designed and
utilized to prevent the escape of bees from bee hives during transit.
(19) "Apparently
free" means no specified bee pest was found during inspection of survey
activities.
(20)
"Substantially free" means levels of specified bee pests found during
inspection or survey activities were within established tolerances.
(21) "Africanized
honey bee" means any bee of the subspecies Apis mellifera scutellata.
(22) "Super"
means the portion of a hive in which honey is stored by bees.
(23)
"Broker" means a person, engaged in pollinating agricultural crops,
using hives that are owned by another person.
(24)
"Grower" means a person engaged in producing agricultural crops, and
a user of honey bees for pollination of the crops.
Sec. 2. RCW 15.60.007 and 1993 c
89 s 2 are each amended to read as follows:
There is created within
the department of agriculture an industry apiary ((inspection))
program. The director shall: Provide regulation and inspection services,
assure availability of bee colonies for pollination, facilitate the interstate
movement of honey bees, promote improved apicultural practices, combat bee
pests that pose an economic threat to the industry, and, in cooperation with
the cooperative extension program of Washington State University, provide
education to promote the vitality of the apiary industry.
Sec. 3. RCW 15.60.010 and 1993 c
89 s 3 are each amended to read as follows:
An apiary advisory
committee is established to advise the director on the administration of this
chapter. The apiary advisory committee may consist of up to eleven members.
(1) The committee shall
include six apiarists, appointed by the director, and representing the major
geographical divisions of the beekeeping industry in the state as established
in rule. In making an appointment, the director shall seek nominations from the
beekeepers' organizations within the geographic area and from nonaffiliated
apiarists. Apiarists may nominate themselves.
(2) The committee shall
include the director and a representative from the Washington State University
apiary program or cooperative extension.
(3) The committee may
include up to three representatives of receivers of pollination services.
(4) The terms of the
apiarist members of the committee shall be staggered and the members shall
serve a term of three years and until their successors have been appointed and
qualified.
In the event a
committee member resigns, is disqualified, or vacates a position on the
committee for any reason, the vacancy shall be filled by the director under the
provisions of this section.
(5) The committee shall
meet at least once yearly. It may also meet at the call of the director or the
request of any three members of the committee. Members of the committee shall
serve without compensation but shall be reimbursed for travel expenses incurred
in attending meetings of the ((board)) committee and any other
official duty authorized by the ((board)) committee and approved
by the director, pursuant to RCW 43.03.050 and 43.03.060, if apiarists are
charged a registration fee, under RCW 15.60.050, to cover the expenses of the
committee.
Sec. 4. RCW 15.60.040 and 1993 c
89 s 8 are each amended to read as follows:
(1) There is hereby
established a fee on the use, by growers of agricultural crops, of bee
pollination services provided by others. This pollination service fee is in
the amount of fifty cents for each setting of each hive containing a colony
that is used by the grower. The fee shall be paid by the grower using the
service, shall be collected by the beekeeper providing the service, and shall
be remitted by the beekeeper to the department as provided by rules adopted by
the director. All such fees shall be deposited in the industry apiary program
account. Revenues from these fees shall be directed to use in providing
services to the apiary industry that assist in ensuring the vitality and
availability of bees for commercial pollination services for the agricultural
industry.
(2) There is
established an industry apiary ((inspection)) program
account within the agricultural local fund. All money collected under this
chapter including fees for requested services, required inspections, or
treatments, ((and)) registration fees, and apiary assessments
shall be placed in the industry apiary ((inspection)) program
account. Money in the account may only be used to carry out the purposes of
this chapter. No appropriation is required for disbursement from the industry
apiary ((inspection)) program account.
Sec. 5. RCW 15.60.043 and 1993 c
89 s 10 are each amended to read as follows:
The inspection fees,
registration fees, pollination service fees, and other charges provided in
this chapter shall become due and payable upon billing by the department. A
late charge of one and one-half percent per month shall be assessed on the
unpaid balance against persons more than thirty days in arrears. In addition
to any other penalties, the director may refuse to perform an inspection or
certification service for a person in arrears unless the person makes payment
in full prior to such inspection or certification service.
Sec. 6. RCW 15.60.050 and 1993 c
89 s 11 are each amended to read as follows:
Each person owning one
or more hives with bees, brokers of hives, and beekeepers resident in other
states who operate hives in Washington, shall register ((that ownership))
with the director on or before April 1st each year.
(1) Registration
application shall include the name, address, and phone number of the owner or
broker, the number of colonies of bees owned, brokered, or operated in
Washington, and such registration fee as may be prescribed in rule under
subsection (2) of this section. The director shall issue to each resident
apiarist registered with the department an apiarist identification number. The
apiarist identification number shall be displayed on hives of an apiary in a
manner prescribed by the director in rule.
(2) A
registration fee may be set in rule by the director, with the advice of the
apiary advisory committee. The fee shall be used for covering the expenses of
the apiary advisory committee and may be used for supporting the industry
apiary program of the department or funding research projects of benefit to the
apiary industry that the director may select upon the advice of the apiary
advisory committee.
