SENATE BILL REPORT

SHB 1472

BYHouse Committee on Agriculture & Rural Development (originally sponsored by Representatives Baugher, McLean, Nealey, Rayburn, Doty, Grant, Rasmussen, Holm and Todd; by request of Department of Agriculture)

Revising provisions relating to apiaries.

House Committe on Agriculture & Rural Development

Senate Committee on Agriculture

Senate Hearing Date(s):February 18, 1988

Majority Report:  Do pass.

      Signed by Senators Barr, Chairman; Bailey, Halsan, Hansen, Rinehart.

Senate Staff:John Stuhlmiller (786-7446)

                  February 18, 1988

AS REPORTED BY COMMITTEE ON AGRICULTURE, FEBRUARY 18, 1988

BACKGROUND:

Honey bees are necessary pollinators for fruits, berries, and certain seed and vegetable crops.  Non-availability of commercial pollinating colonies in Washington would have a major impact on production of these crops with reduction estimates ranging from 50 to 90 percent.

Late in 1987 the Varroa mite was discovered for the first time in the continental United States.  The Varroa mite is a parasite lethal to honey bees, capable of destroying a bee colony within five months after a single fertilized female mite is introduced into a hive.  While no infestations of the Varroa mite are known to be in the state at this time, it is known to be in bees belonging to Washington beekeepers.  These bees are scheduled to be returned to Washington before spring.  It is this scheduled return of the infested bees that has Washington beekeepers concerned that the Department of Agriculture's authority to regulate bee keeping is not adequate to address the Varroa mite problem.

The law grants the director of Agriculture authority to take actions to prevent the introduction or spreading of diseases affecting honey producing bees in this state by inspecting bees, hives, and appliances, requiring the inspection of imported bees, and seizing and destroying abandoned and diseased bees or related items.

SUMMARY:

General.  State laws governing apiaries (honey producing bees and related hives and appliances) are amended. The definition of "diseases" for which administrative actions may be taken is amended to include mites and certain other diseases and maladies.  The director of Agriculture is granted authority to establish and enforce rules regarding quarantines. Any apiary which is found to be infected with any disease and found to be dangerous to any apiary in the state may be quarantined.  The director may conduct surveys, perform inspections for out-of-state movement of bees or appliances, and inspect queen bee rearing apiaries.  The director is authorized to perform inspections and investigations at the expense of the apiarist requesting them, provided that the requesting person is in compliance with the apiary laws.  The director may also establish a beekeeper certification program for those whose colony management systems consistently have only low levels of American Foulbrood.

Nuisances; Abandoned Apiaries.  Provisions of current law which declare an infected apiary a public nuisance and which relate to abandoned apiaries are broadened.  Provisions are established for the issuance of notices of violations and nuisances.  If an owner fails to abate a nuisance within the allotted time, the department may abate it at the owner's expense. The director is authorized to seize and destroy an abandoned apiary after taking actions to establish the ownership of the apiary.

Importation.  A permit is required for the importation of any bees or used appliances.  No such certificate or importation permit is required for empty, used package bee cages. Nets or other devices are required to prevent the escape of bees from bee colonies during transit.  Bees or appliances imported without the required permits or otherwise in violation of these requirements may be quarantined and inspected at the expense of the apiarist in charge of the colonies.

Penalties.  The penalties for violations of the apiary laws are changed from misdemeanors or gross misdemeanors to class I civil infractions, with the exception of actions which inflict certain forms of harm on honey bees.

Registration Fees; Apiary Inspection Fund. The registration fee for an apiarist, currently set by the department solely to cover the expenses of the Apiary Advisory Board, may now be set for other purposes at the request of the industry. Registration and service fees are to be deposited in an Apiary Inspection Fund which is not subject to appropriation.

Appropriation:    none

Revenue:    yes

Fiscal Note:      available

Senate Committee - Testified: PRO:  Mike Schwisow, Dept. of Agriculture; Robert Clark, President, Washington State Beekeepers; George A. Ashby, Sandra A. Ashby, Alice Bounds, Robert Stump, Alice H. Van Wechel, Carl W. Van Wechel, Washington State Beekeepers; Elwood Sires, Leona Sires, Sires BeeLine Honey Company