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.

Modifying the duties of the apiary committee and repealing the industry apiary program.


    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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