Z-1067.5 _______________________________________________
SENATE BILL 6185
_______________________________________________
State of Washington 55th Legislature 1998 Regular Session
By Senators Morton and Rasmussen; by request of Department of Agriculture
Read first time 01/12/98. Referred to Committee on Agriculture & Environment.
AN ACT Relating to apiaries; amending RCW 15.60.005, 15.60.007, 15.60.010, 15.60.030, 15.60.050, 15.60.040, 15.60.042, 15.60.043, 15.60.150, and 15.60.170; adding new sections to chapter 15.60 RCW; creating a new section; recodifying RCW 15.60.005, 15.60.007, 15.60.010, 15.60.025, 15.60.015, 15.60.020, 15.60.030, 15.60.140, 15.60.050, 15.60.040, 15.60.042, 15.60.043, 15.60.100, 15.60.110, 15.60.150, 15.60.170, 15.60.180, 15.60.190, 15.60.210, 15.60.220, 15.60.230, and 15.60.900; repealing RCW 15.60.120; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 15.60.005 and 1994 c 178 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)))
(2) "Africanized honey bee" means any bee of the subspecies Apis
mellifera scutellata.
(3) "Apiarist" means any person who owns bees or is a keeper of bees in Washington.
(4) "Apiary" means a site where hives of bees or hives are kept or found.
(5) "Apparently free" means no specified bee pest was found during inspection of survey activities.
(6) "Beekeeping equipment" means any implements or devices used in the manipulation of bees, their brood, or hives in an apiary.
(7) "Bee pests" means a disease, mite, or other parasite that causes injury to bees.
(8) "Bees" means adult insects, eggs, larvae, pupae, or other immature stages of the species Apis mellifera.
(((8)))
(9) "Broker" means a person, other than a sideline or commercial
beekeeper, engaged in pollinating agricultural crops for a fee using hives that
are owned by another person.
(10) "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)))
(11) "Colony" ((refers to)) means a natural
group of bees having a queen or queens.
(((10)))
(12) "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)))
(13) "Department" means the department of agriculture of the state
of Washington.
(14) "Director" means the director of the department or the director's authorized representative.
(15) "Disease" means American foulbrood, European foulbrood, chalkbrood, nosema, sacbrood, or any other viral, fungal, bacterial or insect-related disease affecting bees or their brood.
(16) "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))) (17)
"Grower" means a person engaged in producing agricultural crops, and
a user of honey bees for pollination of the crops.
(18) "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)))
(19) "Netting" means a device made of fabricated material and
designed and utilized to prevent the escape of bees from beehives during
transit.
(20) "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))) (21)
"Regulated bee pests" means a disease of bees for which maximum
allowable limits of infection, or mites, or other parasites are set in rule.
(22) "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.))
(23) "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.
Sec. 2. RCW 15.60.007 and 1994 c 178 s 2 are each amended to read as follows:
(1) There is created within the department of agriculture an industry apiary 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.
(2) The four segments of the state's apiary industry are as follows:
(a) Hobbyist beekeepers, who are persons owning less than twenty-five hives with bees;
(b) Sideline beekeepers, who are persons owning twenty-five to five hundred hives with bees;
(c) Commercial beekeepers, who are persons owning more than five hundred hives with bees; and
(d) Brokers.
Sec. 3. RCW 15.60.010 and 1994 c 178 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)) twelve members.
(1)
The committee shall include six registered 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)) registered apiarists and
beekeepers' organizations within the geographic area ((and from
nonaffiliated apiarists)). Apiarists may nominate themselves. The
director may only appoint apiarists registered with the department for at least
two years prior to appointment.
(2) The committee shall include one registered broker appointed by the director.
(3) The committee shall include the director and a representative from the Washington State University apiary program or cooperative extension.
(((3)))
(4) The committee may include up to three ((representatives of
receivers of pollination services)) grower representatives appointed by
the director. Each representative shall be a grower or an official
representative of an organization that represents growers.
(((4)))
(5) The terms of the ((apiarist)) appointed 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)). Apiarist
and broker members must be registered with the department throughout their
term.
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. The director may deem a committee position vacated if the member fails to attend two consecutive meetings of the committee.
(((5)))
(6) 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 committee
and any other official duty authorized by the 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 15.60.030 and 1993 c 89 s 7 are each amended to read as follows:
(((1)
It shall be unlawful for a person to bring any packaged bees, queens, hives
with or without bees, or other used beekeeping equipment into this state for
any purpose without first having secured a certificate of inspection from the
state of origin department of agriculture, which shall be based on an official
inspection, certifying compliance with the requirements of this chapter and
rules adopted under this chapter. New equipment without bees shall not be
regulated.
(2)
A copy of the certificate shall be sent to the department by mail or telefax
prior to shipment of hives with or without bees, or equipment into the state
and a copy shall accompany the shipment. Queens and packaged bees are exempt
from this subsection. The certificate shall verify that the hives in a
shipment are in compliance with the limits established in rule for regulated
bee pests, the state of origin, the number of hives or description of other
regulated items in the shipment, and the destination of the shipment, including
the name and complete address and phone number of the person in charge of the
apiary location at destination.
(3)
Queen and package bee producers shall provide the department a list of
Washington destination shipments with names and addresses of receivers by
August 1st of each calendar year.
(4)
Packaged bees, queens, hives with or without bees, and beekeeping equipment
found by the director to have been imported in violation of this section may be
held for inspection by the department. Inspection costs shall be charged to
the apiarist in charge of the bees, hives, or equipment. Fees collected shall
be placed in the apiary inspection account established in RCW 15.60.040.
(5)
A Washington registered apiarist who obtains a valid inspection certificate and
moves bees out of state for wintering shall be allowed to return the bees to
the state without an additional inspection certificate provided that the bees
are returned to the state prior to May 15th each year.)) The
director, by rule, may require submission of a certificate of inspection
certifying compliance with the requirements of this chapter and the rules
adopted under this chapter prior to the shipment into this state of any
packaged bees, queens, hives with or without bees, or other used beekeeping
equipment for any purpose.
Sec. 5. RCW 15.60.050 and 1994 c 178 s 6 are each amended to read as follows:
Each
person owning ((one)) five or more hives with bees, brokers ((of))
renting five or more hives, and ((beekeepers)) apiarists
resident in other states who operate five or more hives in Washington((,))
shall register with the director ((on or before)) by April 1st
each year. Persons owning or brokering less than five hives may register
with the director and shall do so by April 1st of each year.
(1)
The registration application shall include the name, address, and phone
number of the ((owner)) apiarist or broker, the number of
colonies of bees owned((, brokered,)) on March 1st of that year and/or
the number of colonies to be brokered or operated in Washington that
year, and ((such)) a registration fee ((as may be
prescribed)) adopted by the director 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.))
(2) Persons not owning or operating hives in Washington may register as associate apiarists. The registration application shall include the name, address, and phone number of the person and a registration fee prescribed by the director in rule. Associate apiarists may not be nominated to the apiary advisory committee.
Sec. 6. RCW 15.60.040 and 1994 c 178 s 4 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)) rented to a
grower of agricultural crops. The fee shall be paid to the department
by the ((grower using the service, shall be collected by the beekeeper))
apiarist or broker 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 program account within the agricultural
local fund. All money collected under this chapter including fees for
requested services, required inspections, or treatments, registration fees, and
apiary assessments shall be placed in the industry apiary 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 program account)). Half of the
pollination service fees to be paid is due by July 1st of each year. The
balance is due by October 1st of each year. Apiarists and brokers not required
to register under this chapter are exempt from paying this fee.
NEW SECTION. Sec. 7. Each apiarist and broker shall keep accurate records of the number of colonies owned or operated and the number of colonies rented to growers for pollination services during each calendar year. The records shall be maintained for the two subsequent years and shall be made available for audit upon request of the director.
Sec. 8. RCW 15.60.042 and 1993 c 89 s 9 are each amended to read as follows:
((A
registered)) An apiarist or other interested party may request the
services of an apiary inspector to provide inspection and certification
services to facilitate the movement of honey bees, bee hives, or beekeeping
equipment or to provide other requested services. The director shall prescribe
a fee for those services that shall, as closely as practical, cover the full
cost of the services rendered, including the salaries and expenses of the
personnel involved.
NEW SECTION. Sec. 9. To recover the costs of seminars, field days, or other educational activities provided by the department under this chapter, the director is authorized to charge reasonable fees of those persons attending the activities.
Sec. 10. RCW 15.60.043 and 1994 c 178 s 5 are each amended to read as follows:
((The))
(1) Fees for inspection ((fees, registration fees, pollination
service fees, and other charges provided in this chapter shall become)) and
certification services and other requested services are 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.
(2) A late fee of fifty percent of the registration fee due shall be assessed on required registrations received after April 1st.
(3) A late fee of fifty percent of the pollination service fees due shall be assessed on pollination service fees received after their due date. In addition, a late charge of one and one-half percent per month shall be assessed on the amount due against persons more than thirty days in arrears.
(4)
In addition to any other penalties, the director may refuse to perform an
inspection or certification service or any other requested service provided
under this chapter for a person in arrears or who has failed to pay fees
required by this chapter or the rules adopted under this chapter unless the
person makes payment in full of all moneys due prior to ((such
inspection or certification)) performing the service.
NEW SECTION. Sec. 11. There is established an industry apiary program account within the agricultural local fund. All moneys collected under this chapter shall be deposited in the industry apiary program account and used to carry out the purposes of this chapter. Moneys also may be used for funding research projects of benefit to the apiary industry that the director may select upon the advice of the apiary advisory committee.
NEW SECTION. Sec. 12. The director may receive gifts, grants, and endowments from public or private sources as may be made from time to time, in trust or otherwise, for the use and benefit of the purposes of this chapter and expend the same or any income therefrom according to the terms of the gifts, grants, or endowments.
Sec. 13. RCW 15.60.150 and 1993 c 89 s 16 are each amended to read as follows:
It
((shall be)) is unlawful for a person to:
(1) Willfully or maliciously kill honey bees in an apiary, or, for the purpose of injuring honey bees place any poisonous or sweetened substance in a place where it is accessible to them within this state except that bees in swarms or feral colonies may be depopulated;
(2) Alter an official certificate or other official inspection document for bees, hives, or beekeeping equipment covered by this chapter or to represent a document as an official certificate where such is not the case;
(3)
Knowingly import into the state bees of the subspecies Apis mellifera
scutellata (Africanized honey bees) except as provided in ((RCW 15.60.120))
rule;
(4) Resist, impede, or hinder the director in the discharge of the director's duties and responsibilities under this chapter;
(5) Fail to take prompt and sufficient action to control regulated bee pests in excess of limits set in rule;
(6) Abandon a hive;
(7) Maintain a hive, except for educational purposes, wherein the combs or frames are immovable or that is so constructed as to impede or hinder inspection;
(8) Provide false, misleading, or erroneous information when registering as an apiarist or broker or remitting pollination service fees.
Sec. 14. RCW 15.60.170 and 1993 c 89 s 17 are each amended to read as follows:
(1)
((A person who violates or fails to comply with any of the provisions of
this chapter or any rule adopted under this chapter shall be guilty of a
misdemeanor, and for a second and each subsequent violation a gross misdemeanor.
(2)))
Whenever the director finds that a person has committed a violation of any of
the provisions of this chapter or any rule adopted under this chapter ((and
that violation has not been punished as a misdemeanor or gross misdemeanor)),
the director may impose and collect a civil penalty not exceeding one thousand
dollars for each violation. Each violation shall be a separate and distinct
offense. A person who knowingly, through an act of omission or commission,
procures or aids or abets in the violation shall be considered to have violated
this section and may be subject to the civil penalty.
(2) When a civil penalty is imposed by the director, a person may request a hearing under chapter 34.05 RCW.
NEW SECTION. Sec. 15. Fees established under chapter 15.60 RCW may be increased in excess of the fiscal growth factor as provided in RCW 43.135.055 during the year ending December 31, 1998.
NEW SECTION. Sec. 16. The following sections are codified or recodified within chapter 15.60 RCW in the following order:
RCW 15.60.005
RCW 15.60.007
RCW 15.60.010
RCW 15.60.025
RCW 15.60.015
RCW 15.60.020
RCW 15.60.030
RCW 15.60.140
RCW 15.60.050
RCW 15.60.040
Section 7 of this act
RCW 15.60.042
Section 9 of this act
RCW 15.60.043
Section 11 of this act
Section 12 of this act
RCW 15.60.100
RCW 15.60.110
RCW 15.60.150
RCW 15.60.170
RCW 15.60.180
RCW 15.60.190
RCW 15.60.210
RCW 15.60.220
RCW 15.60.230
RCW 15.60.900.
NEW SECTION. Sec. 17. RCW 15.60.120 and 1993 c 89 s 14, 1988 c 4 s 12, 1981 c 296 s 11, & 1961 c 11 s 15.60.120 are each repealed.
NEW SECTION. Sec. 18. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.
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