FINAL BILL REPORT

SHB 1472

                                   C 4 L 88

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

SYNOPSIS AS ENACTED

BACKGROUND:

State law grants the Director of Agriculture broad authority to take actions to prevent the introduction or spreading of diseases affecting honey producing bees in this state.  Among the authorities of the Director are those for inspecting bees, hives, and appliances; requiring the inspection of bees imported to the state, and seizing and destroying abandoned and diseased bees or related items.  Bees in which the disease American Foulbrood is found are declared by law to be public nuisances and must be abated.

A person who has committed a Class I civil infraction may be assessed a penalty of up to $250.

SUMMARY:

General.  State laws governing apiaries (honey producing bees and related hives and appliances) are amended.  The "diseases" for which administrative actions may be taken under those laws expressly include infestations by mites. The Director of Agriculture is expressly granted the authority to establish and enforce rules regarding quarantines.

Any apiary that is found to be infected with disease, rather than just those apiaries infected with American Foulbrood, and found to be dangerous to the health of any apiary in the state may be quarantined.  The Director may conduct surveys, perform inspections for the out-of-state movement of bees or appliances, and inspect queen bee rearing apiaries.  The Director may also, under certain circumstances, perform inspections and investigations on a fee-for-service basis.

The Director may establish the maximum levels of American Foulbrood that would prohibit interstate movement of colonies and may conduct colony strength inspections.  The Director may also establish a beekeeper certification program for those whose colony management systems consistently result in only low levels of American Foulbrood.

Nuisances; Abandoned Apiaries.  The provisions of current law that declare an apiary infected with American Foulbrood to be a public nuisance and require its abatement are broadened to apply to colonies of Africanized honey bees and to colonies of any hybrids of such bees.  They also apply to any abandoned apiary.  Provisions are established for the issuance of notices of violations and nuisances.  If an owner fails to abate a nuisance within the time specified in the notice, the Department may abate it at the owner's expense.  The Director is expressly authorized to seize and destroy an abandoned apiary after taking certain actions to establish the ownership of the apiary.

Importation.  A permit is required for the importation of any bees or used apiary appliances. The nature of the certificate regarding diseases required for bees reentering the state after being removed for summer pasture is specified. Nets or other devices are required to prevent the escape of bees from bee colonies during transit.  Bees or appliances imported without the required certificates and 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.  With certain exceptions, the penalties for violations of the apiary laws are altered.  Rather than committing crimes punishable as misdemeanors or gross misdemeanors, as under current law, a person who commits a violation has committed a Class I civil infraction.  Actions that inflict certain forms of harm on honey bees remain punishable as misdemeanors.

Registration Fees; Apiary Inspection Fund.  The registration fee for an apiarist, which may currently be 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 fees and service fees are to be deposited in an Apiary Inspection Fund which is not subject to appropriation.

VOTES ON FINAL PASSAGE:

      House 97   0

      Senate    49     0

EFFECTIVE:June 9, 1988