Section 174 - Keeping of diseased and banned bees prohibited; existence of disease to be reported1. No person shall keep in such person's possession or under such person's care any colony of bees affected with a contagious or infectious disease or infested by disease or parasitic organisms adversely affecting bees, or by species or subspecies of bees which have been determined by the commissioner to cause injury, directly or indirectly, to the public safety or to this state's managed bee population, crops, or other plants. Any person who knows that any bees owned or controlled by such person exceed disease or parasite tolerances or are a species or subspecies of bees that have been determined by the commissioner to cause injury, directly or indirectly, to the public health or welfare or to this state's managed bee population, crops, or other plants, such tolerances and determinations to be established in regulation by the commissioner, shall at once report such fact to the commissioner, stating all facts known to such person with reference to said contagion, infection, or exposure. Information regarding allowable disease and parasite tolerances and species and subspecies of bees shall be made available on the department's website.2. No person shall hide or conceal any bees or used beekeeping equipment from department apiary inspectors or give false information in any manner pertaining to this article. No person shall resist, impede or hinder the commissioner or the commissioner's duly authorized representatives in the discharge of his or her or their duties.3. Whenever the commissioner or the commissioner's duly authorized representatives shall determine that any colony of bees, bee material, structures or appliances is infected with, or has been exposed to, contagious or infectious diseases of bees, or is infested with or has been exposed to insects or parasitic organisms adversely affecting bees, or to species or subspecies of bees which have been determined by the commissioner to cause injury, directly or indirectly, to this state's managed bee population, crops, or other plants, said colonies of bees and material, structures or appliances shall be immediately placed under quarantine and a written notice thereof shall be served on the owner or caretaker. No person shall move, tamper with, handle, or otherwise disturb or molest or cause to be moved, tampered with, handled, or otherwise disturbed or molested any colonies, materials, or appliances so quarantined without a written permit from the commissioner or the commissioner's duly authorized representatives.4.(a) All species and subspecies of bees which have been determined by the commissioner to cause injury, directly or indirectly, to the public health or welfare shall be destroyed per commissioner order.(b) A beekeeper who received notification that he or she is prohibited from selling nucs or queens as they have been deemed unfit for sale by laboratory confirmation of American Foulbrood, may be ordered by the commissioner to destroy such colonies.(c) During the time specified in either such order authorized by this subdivision, the quarantined colonies and equipment shall not be removed, molested or tampered with except by written permission of the commissioner or the commissioner's duly authorized representative. No damage shall be awarded to the owner for the loss of any apiary, bees, hives, apiary appliance or bee product destroyed under the provisions of this section or a regulation or order made in pursuance thereof.4-a. All species and subspecies of bees determined by the commissioner to cause injury to this state's managed bee population, crops, or other plants and all bees, beehives, bee fixtures or appurtenances infected with, or exposed to, contagious or infectious diseases of bees, or infested with, or exposed to, insects or parasitic organisms adversely affecting bees, or with or to species or subspecies of bees which have been determined by the commissioner to cause injury, directly or indirectly, to this state's managed bee population, crops, or other plants, are hereby declared to be nuisances to be abated as hereinafter described.5. If any inspection made by the commissioner or the commissioner's duly authorized representative discloses that any apiary, appliances, structures, colonies or comb constitute a nuisance within the meaning of this section, the commissioner or the commissioner's duly authorized representatives may with the co-operation and consent of the owner or person in charge immediately proceed to abate the nuisance by destroying or treating such colonies and equipment, or he or she may order the owner or person in charge to destroy or treat such colonies or equipment as may be deemed advisable. In case the owner or person in charge will not consent to the abatement of the nuisance by immediate destruction or treatment, the commissioner or the commissioner's duly authorized representative shall notify the owner, occupant or person in charge of the premises in writing that such nuisance exists and order that the same be abated within five days after a date which shall be specified in said order. Such order shall also contain directions setting forth the method or methods which shall be taken to abate the nuisance and shall be served upon the owner, occupant or person in charge of the premises either personally or by registered or certified mail.6. Any person believed to have violated any provision of this article shall receive written notice of such alleged violation and an opportunity to be heard to dispute such alleged violation. A beekeeper who receives an order that directs the destruction or treatment of any bees, hives, fixtures or appurtenances deemed a nuisance or notification that such beekeeper is prohibited from selling nucs and queens pursuant to paragraph (c) of subdivision one of section one hundred seventy-three-c of this article may, within five days from the receipt of the order or notification, request a hearing thereon. The order or notification shall advise the beekeeper of the right to such hearing, the procedure to be followed and the manner in which the request may be made to the commissioner. Upon receipt of such request, the commissioner shall give the beekeeper ten days' notice in writing of a hearing for the beekeeper to show cause why the destruction, treatment or prohibition on selling by the order or notification is not appropriate. The hearing shall be held on the record. The request for a hearing shall act to stay all proceedings until a final determination rendered by the commissioner. During the time specified in the order and during any extended time , pending such final determination, the quarantined colonies and equipment shall not be removed, molested or tampered with except by written permission of the commissioner or the commissioner's duly authorized representative. No damage shall be awarded to the owner for the loss of any apiary, bees, hives, apiary appliance, or bee product destroyed under the provisions of this section or any regulation or order made in pursuance thereof.7. Persons keeping bees shall keep them in hives of such construction that the frames and combs may be easily removed without damaging them for examination of the brood for the purpose of determining whether disease exists in the brood.8. No person shall knowingly expose in any place to which bees have access any bee product, hive or other apiary appliance in such manner that contagious or infectious diseases of bees may be disseminated therefrom.9. The commissioner may promulgate rules and regulations to establish appropriate tolerance levels for diseases or parasitic organisms adversely affecting bees within hives, fixtures, structures or appurtenances. Beehives conforming with such established tolerance levels shall not be considered nuisances under this section. If upon inspection a hive is found to exceed such tolerance levels, the commissioner may consider such apiary to be a nuisance and may order the destruction or treatment of the apiary as set forth in subdivisions four, four-a, five and six of this section.N.Y. Agric. and Mkts. Law § 174
Amended by New York Laws 2021, ch. 160, Sec. 2, eff. 12/23/2021.