S-3699.1 _______________________________________________
SENATE BILL 6255
_______________________________________________
State of Washington 55th Legislature 1998 Regular Session
By Senator Morton
Read first time 01/14/98. Referred to Committee on Agriculture & Environment.
AN ACT Relating to apiaries; amending RCW 15.60.005, 15.60.010, and 15.60.015; and repealing RCW 15.60.007, 15.60.020, 15.60.025, 15.60.030, 15.60.040, 15.60.042, 15.60.043, 15.60.050, 15.60.100, 15.60.110, 15.60.120, 15.60.140, 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.
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) "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))) (9)
"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)))
(10) "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)))
(11) "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)))
(12) "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)))
(13) "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)))
(14) "Person" means a natural person, individual, firm,
partnership, company, society, association, corporation or every officer,
agent, or employee of one of these entities.
(((17)))
(15) "Bee pests" means a disease, mite, or other parasite that
causes injury to bees.
(((18)))
(16) "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)))
(17) "Apparently free" means no specified bee pest was found
during inspection of survey activities.
(((20)))
(18) "Substantially free" means levels of specified bee pests
found during inspection or survey activities were within established tolerances.
(((21)))
(19) "Africanized honey bee" means any bee of the subspecies
Apis mellifera scutellata.
(((22)))
(20) "Super" means the portion of a hive in which honey is
stored by bees.
(((23)))
(21) "Broker" means a person, engaged in pollinating agricultural
crops, using hives that are owned by another person.
(((24)))
(22) "Grower" means a person engaged in producing agricultural
crops, and a user of honey bees for pollination of the crops.
Sec. 2. RCW 15.60.010 and 1994 c 178 s 3 are each amended to read as follows:
An
apiary advisory committee ((is)) may be established by the
director to advise the director on ((the administration of this chapter))
apiary issues, and especially apiary issues that require immediate attention
or action. The apiary advisory committee ((may)) consists of
((up to eleven)) those members appointed by the director.
(((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 of the committee shall serve ((a term of three years and
until their successors have been appointed and qualified)) at the
pleasure of the director.
((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 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. 3. RCW 15.60.015 and 1993 c 89 s 4 are each amended to read as follows:
(((1)))
The director shall determine, with the advice of the apiary advisory committee,
if a bee pest, disease, or other issue represents a significant threat
to the apiary industry in the state ((and)). The director may by
rule establish maximum allowable levels for ((these)) bee pests, for
movement of colonies into or within Washington and prescribe procedures for
inspection, treatment, or other mitigation measures if such tolerances are
exceeded. The director shall determine, with the advice of the apiary advisory
committee, if a disease or other apiary issue represents a significant threat
to the apiary industry in the state, and take actions or adopt rules to
eliminate the disease or mitigate the situation.
(((2)
The director may inspect apiaries for the presence of bee pests. To support
the general health of the apiary industry, the director may investigate
outbreaks of any bee disease or infestations of other pests, or bee losses
suspected of being caused by pesticides and other chemicals; and conduct surveys
for the presence of or levels of a bee pest.
(3)
It is the responsibility of every apiarist to perform or cause to be performed
any acts necessary to control regulated bee pests in the apiarist's bees or bee
equipment where levels exceed maximum allowable limits set in rule. If the
director finds a hive in an apiary to be infected or infested beyond maximum
allowable limits by bee pests, the director may cause the apiary to be
quarantined.
(a)
The director shall plainly mark the hives containing regulated bee pests and
shall, in writing, notify the apiarist stating the disease or pest found in
each hive, identifying the hive by reference to the mark placed upon it, and
ordering eradication of such disease or pest as prescribed by the director within
a specified time. When the apiarist cannot be contacted immediately, the
notice shall be served by placing it conspicuously in the apiary, or by mailing
a copy to the apiarist's registered address. If the apiarist fails to take
action to control the bee pest in accordance with the notice, the director may
control the bee pest or cause the bee pest to be controlled.
(b)
When the apiarist cannot be determined, the notice shall be served by posting
the notice conspicuously in the apiary. Any apiary presenting an immediate
threat of infestation or infection to other apiaries may be impounded by the
director and moved to a location where it no longer poses an immediate threat
of infestation or infection to other apiaries.
(c)
The quarantine shall not be lifted until such time as the director determines
that the regulated bee pest has been controlled. During the time the apiary is
quarantined, no bees, honey, hives, beekeeping equipment, or other material may
be removed from the apiary without written authorization from the director.
(4)
A person who inspects an infected or infested hive or knowingly comes in
contact with a bee pest, shall, before proceeding to another apiary, disinfect
their person, clothing, gloves, tools, and beekeeping equipment that have come
in contact with infected or infested bees or material.
(5)
An apiarist whose apiary has been found to be infected or infested by a
regulated bee pest shall be entitled, upon written request, to a scientific
analysis of the infected or infested hive before any action to control the bee
pest is taken. The results of the analysis shall be conclusive as to whether
the apiary is infested or infected with a regulated bee pest. The costs of
scientific analysis shall be paid by the apiarist if the apiary is found to be
infested or infected. If the apiary is found not to be infested or infected,
the department shall pay the cost of the scientific analysis. The laboratory
performing the scientific analysis shall be approved by the director.
(6)
Except as provided in subsection (5) of this section, the apiarist shall be
responsible for all costs of the department resulting from the quarantine or
impoundment of an apiary or the control of a bee pest.
(7)
A person aggrieved by an order issued or act taken by the director pursuant to
this section is, upon application, entitled to a review of that order or act
pursuant to RCW 34.05.479. The application shall serve to stay any order or
action, other than a quarantine order, pending the adjudicative proceeding.))
NEW SECTION. Sec. 4. The following acts or parts of acts are each repealed:
(1) RCW 15.60.007 and 1994 c 178 s 2, 1993 c 89 s 2, & 1988 c 4 s 14;
(2) RCW 15.60.020 and 1993 c 89 s 5, 1988 c 4 s 3, 1975-'76 2nd ex.s. c 34 s 17, & 1961 c 11 s 15.60.020;
(3) RCW 15.60.025 and 1993 c 89 s 6, 1988 c 4 s 4, & 1977 ex.s. c 362 s 8;
(4) RCW 15.60.030 and 1993 c 89 s 7, 1988 c 4 s 5, 1981 c 296 s 7, 1977 ex.s. c 362 s 3, 1965 c 44 s 1, & 1961 c 11 s 15.60.030;
(5) RCW 15.60.040 and 1994 c 178 s 4, 1993 c 89 s 8, 1988 c 4 s 6, 1981 c 296 s 8, 1977 ex.s. c 362 s 4, & 1961 c 11 s 15.60.040;
(6) RCW 15.60.042 and 1993 c 89 s 9 & 1988 c 4 s 7;
(7) RCW 15.60.043 and 1994 c 178 s 5, 1993 c 89 s 10, 1988 c 4 s 8, 1981 c 296 s 9, & 1977 ex.s. c 362 s 9;
(8) RCW 15.60.050 and 1994 c 178 s 6, 1993 c 89 s 11, 1988 c 4 s 9, 1977 ex.s. c 362 s 5, & 1961 c 11 s 15.60.050;
(9) RCW 15.60.100 and 1993 c 89 s 12, 1988 c 4 s 10, 1981 c 296 s 10, 1977 ex.s. c 362 s 7, & 1961 c 11 s 15.60.100;
(10) RCW 15.60.110 and 1993 c 89 s 13, 1988 c 4 s 11, 1977 ex.s. c 362 s 6, & 1961 c 11 s 15.60.110;
(11) 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;
(12) RCW 15.60.140 and 1993 c 89 s 15, 1988 c 4 s 13, 1981 c 296 s 12, & 1961 c 11 s 15.60.140;
(13) RCW 15.60.150 and 1993 c 89 s 16, 1981 c 296 s 13, & 1961 c 11 s 15.60.150;
(14) RCW 15.60.170 and 1993 c 89 s 17, 1991 c 363 s 15, & 1989 c 354 s 64;
(15) RCW 15.60.180 and 1993 c 89 s 18 & 1989 c 354 s 65;
(16) RCW 15.60.190 and 1989 c 354 s 66;
(17) RCW 15.60.210 and 1989 c 354 s 68;
(18) RCW 15.60.220 and 1993 c 89 s 20;
(19) RCW 15.60.230 and 1993 c 89 s 19; and
(20) RCW 15.60.900 and 1977 ex.s. c 362 s 11.
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