01-001-270 Me. Code R. § V

Current through 2024-37, September 11, 2024

Section 001-270-V - Honey Bee Diseases, Parasites, and Genetic Material

A.Regulated pests and genetic material shall be:

1. American foul brood (Bacillus larvae)

2. Varroa mite (Varroa jacobsoni)

3. Tropilaelaps mite (Tropilaelapsspp.)

4. Africanized honeybees (Apis mellifera scutellata)

5. Asian honey bee (Apis cerana)

B.Non-regulated pests and genetic material shall include, but not be limited to:

1. Nosema disease (Nosema apis and N. ceranae)

2. Chalk brood (Ascosphaera apis)

3. European foul brood (Melis sococcus pluton)

4. Stone brood (Aspergillus flavus)

5. Varroa mite (Varroa destructor)

6. Honeybee tracheal mite (Acarapis woodi)

7. Bee lice (Braula coeca)

8. Sacbrood (filterable virus)

9. Honeybee paralysis (filterable virus)

10. External mites such as: Acarapis dorsalis and Acarapis externus

11. Non-parasitic mites such as:Mellitiphis alvearius and Neocypholaelaps indica

C.Regulation

1. Honeybees must be maintained in a hive with fully removable frames which permit the thorough examination of every comb in order to detect the presence of disease. Whenever removable frame requirements are not met, the state apiary inspector shall notify the owner of the condition in writing.

2. All honeybees infected with a regulated honeybee disease, parasite, or unwanted genetic material together with the equipment contaminated by any such disease, parasite, or genetic material are declared to be a danger to spreading the disease or parasite.

3. All honeybees and equipment which are suspected by the Commissioner to be infected or infested with a regulated disease, parasite, or unwanted genetic material shall be quarantined in a location and manner stipulated by the Commissioner.

4. The presence of a regulated disease, parasite, or unwanted genetic material shall be confirmed using a suitable method.

5. Upon confirmation, the beekeeper shall be notified by the state apiary inspector and allowed 7 days to eliminate the condition in a manner prescribed by the Commissioner (Title 7 Maine Revised Statutes, Chapter 525)

6. If no corrective action is taken within 7 days, the infected or infested colonies shall be abated by the state apiary inspector according to Title 7 Maine Revised Statutes Chapter 525.

D.Possession and Sale

1. It is unlawful for any person to knowingly own or possess honeybees having any regulated disease, parasite, or unwanted genetic material.

2. It is unlawful for any person to knowingly own or possess bee equipment and appliances contaminated by any regulated disease, parasite, or unwanted genetic material.

3. It is unlawful to sell, barter, or give away bees, equipment, or appliances from any apiary without a certificate of inspection from the apiary inspector.

E.Procedures for Abatement of Regulated Diseases, Parasites and Unwanted Genetic Material

1.American foul brood

a. The diseased honeybees and contaminated equipment may be abated by either the state apiary inspector or beekeeper, with the supervision and approval of the state apiary inspector.

b. The beekeeper, with the approval of the state apiary inspector, may select one of the three procedures outlined below for abatement of American Foul brood.

c.Procedure 1 - Burning

(1) Destroy the diseased honeybees with an insecticide such as resmethrin according to label instructions or by pouring 1 cup of diesel fuel in to a colony with closed entrances.

(2) Burn the contaminated hives and equipment, including honeybees, honey, frames, supers, bottoms, and lids, to ash in a hole not less than 18 inches deep. Cover the ash remains with at least 6 inches of soil.

d.Procedure 2 - Scorching

(1) The scorching procedure must be carried out on calm days and away from buildings.

(2) Destroy the honeybees and burn the frames, inner cover and queen excluders, as specified by Procedure 1.

(3) Stack the supers no more than five high, upside down, on a bottom board.

(4) Pour one cup of a 1:1 (diesel: Kerosene) mix on the bottom board and ignite the mix, creating a "chimney fire". Alternatively, 3-4 crumpled sheets of newspaper may be used as a fuel source.

(5) The fire must completely fill the area inside the supers; it should burn for, approximately one-half minute.

(6) To extinguish the fire, place a tight fitting cover on top of the stack, to smother the flames.

(7) When there is no visible flame, the stack of hive bodies may be pushed over and any remaining fire extinguished with water.

(8) Paint the inside of the outer cover with the fuel mix and ignite.

(9) After the equipment has cooled, examine to be sure that all of the interior areas are charred.

(10) If areas were missed, use a butane torch to scorch uncharred areas.

(11) With a clean hive tool, remove the charred wood. The equipment may now be reused.

(12) A butane or propane torch may be used instead of a chimney fire to char the hive bodies, covers, and bottom boards.

e.Procedure 3 - Ethylene Oxide Fumigation

(1) If a fumigation chamber is available and the owner/operator of the equipment agrees to pay the fees involved, all contaminated hive equipment may be re-used after fumigation.

(2) All honey must be extracted prior to fumigation.

(3) The contaminated equipment must be fumigated according to ethylene oxide label instructions and OSHA Safety and Health Standards (Occupational Safety and Health Administration, 29 CFR 1910.1000 ).

(4) A biological indicator test must be used in connection with the fumigated equipment in order to show effectiveness.

(5) All fumigated equipment must be branded with the initials "ETO" and the year by the chamber operator.

(6) Records must be kept of each load number, the type of beekeeping equipment, and the owner of the fumigated equipment.

(7) After each load is fumigated, the beekeeper must be advised of the germination test results and instructed regarding re-use of the equipment.

2.Asiatic mites (Varroa jacobsoni and Tropilaelapsspp.)

a. If an infestation of asiatic mites is discovered within the State of Maine, the problem will be resolved according to United States Department of Agriculture (USDA) criteria.

b. Registered acar acides used according to label directions, cultural practices, and/or fumigation of honeybees and equipment may be employed by the Department as a control measure for these mites if no federal regulations are in effect.

3.Africanized honey bees (Apis mellifera scutellata)

a. Infestations of African honeybees will be identified by a method prescribed by the Commissioner.

b. Incipient infestations of Africanized honeybees will be resolved according to USDA regulations if any are in effect.

c. If no Federal regulations are in effect, colonies of honeybees with a high probability of being "Africanized" will be:

(1) Quarantined.

(2) Requeened with stock containing European germplasm.

(3) Resampled after the first generation of European offspring has emerged.

(4) If the subsequent sampling reveals honeybees with a high probability of being "European", the quarantine will be lifted.

(5) Colonies of honeybees identified as "Africanized" that exhibit extreme aggressive behavior will be exterminated if the requeening process fails or the public is at risk as determined by the state apiary inspector.

01-001 C.M.R. ch. 270, § V