Rpld §169-d, amd Art 15 §§173 - 175-b, §301, Ag & Mkts L; amd §483, RPT L
 
Establishes the apiary industry advisory committee; defines terms; requires the commissioner of agriculture and markets to give a beekeeper advanced notice of any inspection of an apiary; establishes the cooperative honeybee health improvement program; makes related provisions.
STATE OF NEW YORK
________________________________________________________________________
8431
2019-2020 Regular Sessions
IN ASSEMBLY
June 18, 2019
___________
Introduced by M. of A. LUPARDO -- (at request of the Department of Agri-
culture and Markets) -- read once and referred to the Committee on
Agriculture
AN ACT to amend the agriculture and markets law and the real property
tax law, in relation to bee health and the beekeeping industry; and to
repeal certain provisions of the agriculture and markets law relating
thereto
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 169-d of the agriculture and markets law is
2 REPEALED.
3 § 2. Article 15 of the agriculture and markets law, as added by chap-
4 ter 166 of the laws of 1925, sections 173, 174, 175 and 175-b as amended
5 by chapter 430 of the laws of 1985, subdivision 9 of section 174 as
6 added by chapter 276 of the laws of 2000, section 175-c as amended by
7 chapter 310 of the laws of 1962 and section 175-d as added by chapter
8 398 of the laws of 1938, is amended to read as follows:
9 ARTICLE XV
10 BEE DISEASES
11 Section 173. Apiary industry advisory committee.
12 173-a. Definitions.
13 173-b. Eradication of bee diseases and certain insects affecting
14 bees.
15 173-c. Cooperative honeybee health improvement program.
16 174. Keeping of diseased and banned bees prohibited; existence
17 of disease to be reported.
18 175. [Transportation of bees and bee material.
19 175-b.] Rules and regulations.
20 [175-c] 175-a. Review by court.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09084-09-9
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1 [175-d.] 175-b. Violations; remedies.
2 § 173. Apiary industry advisory committee. 1. There is hereby estab-
3 lished within the department an apiary industry advisory committee which
4 shall consist of no more than fifteen members to be appointed by the
5 commissioner based on their experience and expertise in the apiary
6 industry. Of the members so appointed, at least two members shall repre-
7 sent each of the three sectors of the apiary industry, commercial beek-
8 eepers, part-time beekeepers and hobbyist beekeepers; at least one
9 member shall represent the horticulture or vegetable industry and one
10 member shall be an officer or employee of the Cornell cooperative exten-
11 sion service or the New York state college of agriculture and life
12 sciences at Cornell university. Members shall be appointed for a term of
13 three years and may serve until their successors are chosen provided,
14 however, that of the members first appointed, five shall serve for a
15 term of one year, five shall serve for a term of two years, and five
16 shall serve for a term of three years. Members shall serve without sala-
17 ry. The commissioner or his or her designee shall be the chairperson of
18 the committee.
19 2. The duties and responsibilities of the apiary industry advisory
20 committee shall include providing advice, comments and recommendations
21 to the commissioner regarding state government plans, policies and
22 programs affecting the apiary industry and such other matters as the
23 commissioner may request in relation to this article.
24 3. The advisory committee shall meet at least once annually, at times
25 and places set by the commissioner.
26 4. The commissioner may ask other individuals to attend the commit-
27 tee's meetings or work with it as needed.
28 § 173-a. Definitions. When used in this article:
29 1. "Apiary" shall mean any location used for raising honeybees or
30 producing honey or other bee related products.
31 2. "Colony" shall mean any production unit of bees.
32 3. "Nucleus colony or NUCS" shall mean a starter colony, consisting of
33 a laying queen and up to five frames of brood and bees.
34 4. "Beekeeper" shall mean any individual or entity that maintains
35 managed honeybees for profit, research, recreational, or educational
36 purposes.
37 § 173-b. Eradication of bee diseases and certain insects affecting
38 bees. The commissioner may cause inspections to be made of apiaries in
39 the state for the discovery of infectious, contagious or communicable
40 diseases and for the discovery of insects and parasitic organisms
41 adversely affecting bees, and for the discovery of species or subspecies
42 of bees which have been determined by him to cause injury, directly or
43 indirectly, to this state's [useful] managed bee population, crops, or
44 other plants. [He] The commissioner shall provide a beekeeper or such
45 beekeeper's designated agent with reasonable advance notice of any
46 inspection of an apiary. The commissioner may also cause investigations
47 to be made as to the best method for the eradication of diseases of
48 bees, insects or parasitic organisms adversely affecting bees, or for
49 the eradication of species or subspecies of bees which have been deter-
50 mined by [him] the commissioner to cause injury, directly or indirectly,
51 to this state's [useful] managed bee population, crops, or other plants
52 and [he] the commissioner may plan and execute appropriate methods for
53 such eradication.
54 The commissioner shall have access to all apiaries, structures, appli-
55 ances, buildings, vehicles, airplanes, vessels, places or premises where
56 bees or honey or comb used in apiaries may be[. He] and may open any
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1 hive, colony, package or receptacle of any kind containing or which [he]
2 the commissioner has reason to believe contains any bees, comb, bee
3 products, used beekeeping appliances, or anything else which is capable
4 of transmitting contagious or infectious diseases of bees or which is
5 capable of harboring insects or parasitic organisms adversely affecting
6 bees, or species or subspecies of bees which have been determined by
7 [him] the commissioner to cause injury, directly or indirectly, to this
8 state's [useful] managed bee population, crops, or other plants.
9 § 173-c. Cooperative honeybee health improvement program. 1. In
10 support of the duties outlined in this article, as well as the goals and
11 objectives for pollinator protection; the commissioner shall create a
12 cooperative honeybee health improvement program which will require:
13 (a) All beekeepers shall provide to the commissioner the number of
14 managed colonies and the county in which each of these colonies is
15 located; and current contact information of the individual or individ-
16 uals responsible for the care of these bees. All beekeepers shall also
17 indicate whether they intend to sell nucleus colonies NUCS. This infor-
18 mation shall be updated and provided to the commissioner on an annual
19 basis.
20 (b) The department shall use this information to communicate the inci-
21 dence of infectious diseases and parasites at the county level to beek-
22 eepers and bee clubs and to notify beekeepers of the potential need for
23 the department to prohibit the movement or selling of diseased or
24 infested bees or require the destruction of such bees. The department
25 shall also use this information to establish the boundaries of disease
26 and parasite infestations in the area surrounding a confirmed disease or
27 parasite infestation.
28 (c) Any individual or business that intends to sell NUCS produced
29 within and offered for sale to other persons in New York must first have
30 an inspection of its apiaries, as authorized by section one hundred
31 seventy-three-b of this article, by the department which inspections
32 shall continue on an annual basis, so long as NUCS are offered for sale.
33 These inspections shall ascertain whether such beekeeper's apiaries are
34 free from American Foulbrood and whether levels of other infectious
35 diseases and parasites in the operation render the NUCS unfit for sale.
36 Any individual or business whose apiaries are found to be infested with
37 American Foulbrood, after laboratory confirmation, shall be prohibited
38 from selling NUCS for a period of one year, or until the apiaries are
39 inspected and laboratory results indicate they are found to be free from
40 American Foulbrood.
41 (d) No person shall knowingly transport, move, buy, sell, possess,
42 barter, offer for sale or barter, deliver, or offer for transportation
43 any species or subspecies of bees which have been determined by the
44 commissioner to cause injury, directly or indirectly, to the public
45 safety or to this state's managed bee population, crops, or other
46 plants; provided, however, that the commissioner may, at his or her
47 discretion, exempt the transportation, sale, possession, movement, or
48 delivery of such bees used for scientific or educational purposes under
49 such safeguards as deemed necessary by the commissioner.
50 (e) Every shipment of live bees in cages or packages without comb into
51 this state from another state or foreign country, shall be accompanied
52 by a permit issued by the commissioner, or by a certificate of freedom
53 from disease executed by an official of such state or foreign country
54 recognized by the commissioner.
55 (f) Every shipment of a colony of bees, used comb, used beekeeping
56 equipment, or live bees on comb into this state from another state or
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1 foreign country, shall be accompanied by a permit issued by the commis-
2 sioner or by a certificate of freedom from diseases and parasitic organ-
3 isms adversely affecting bees and from species or subspecies of bees
4 which have been determined by the commissioner to cause injury directly
5 or indirectly, to the public safety or to the state's managed bee popu-
6 lation, crops, or other plants; and certifying that a proper inspection
7 was made not earlier than sixty days preceding the date of shipment.
8 Such certificate shall be executed by the certifying official of such
9 state or foreign country. A duplicate of such certificate must be
10 received by the department before any such shipment enters the state.
11 Every transportation company that knowingly receives such shipment shall
12 immediately notify the commissioner thereof, giving the name and address
13 of the consignor or consignee.
14 2. The goals of the cooperative honeybee health improvement program
15 shall be to:
16 (a) document the health of the state's managed pollinator population,
17 including the presence of parasites, diseases, and environmental threats
18 to the state's population of managed pollinators;
19 (b) provide information on honeybee health to beekeepers, stakeholders
20 and academia to inform research and best management practices related to
21 pollinator health;
22 (c) document the annual population of managed pollinators in each
23 county within New York state; and
24 (d) collect contact information for each beekeeper to allow for better
25 communication among the department and beekeepers relating to the inci-
26 dence of parasites, disease and other health threats that could be tran-
27 smitted within the flight range of managed pollinators.
28 3. There shall be no fee or other registration cost for participation
29 in the cooperative honeybee health improvement program.
30 4. A beekeeper required to submit information to the commissioner
31 pursuant to this section may request that such information be exempted
32 from disclosure pursuant to subdivision five of section eighty-nine of
33 the public officers law.
34 § 174. Keeping of diseased and banned bees prohibited; existence of
35 disease to be reported. 1. No person shall keep in [his] such person's
36 possession or under [his] such person's care any colony of bees affected
37 with a contagious or infectious disease or infested by [insects] disease
38 or parasitic organisms adversely affecting bees, or by species or
39 subspecies of bees which have been determined by the commissioner to
40 cause injury, directly or indirectly, to the public safety or to this
41 state's [useful] managed bee population, crops, or other plants. Any
42 person who [knows that any bees owned or controlled by him are affected
43 with, or have been exposed to, any contagious or infectious disease,
44 insects or parasitic organisms adversely affecting bees, or by species
45 or subspecies of bees which have been determined by the commissioner to
46 cause injury, directly or indirectly, to this state's useful bee popu-
47 lation, crops, or other plants,] knows that any bees owned or controlled
48 by such person exceed disease or parasite tolerances or are a species or
49 subspecies of bees that have been determined by the commissioner to
50 cause injury, directly or indirectly, to the public safety or to this
51 state's managed bee population, crops, or other plants, such tolerances
52 and determinations to be established in regulation by the commissioner,
53 shall at once report such fact to the commissioner, stating all facts
54 known to [him] such person with reference to said contagion, infection,
55 or exposure. Information regarding allowable disease and parasite
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1 tolerances and species and subspecies of bees shall be made available on
2 the department's website.
3 2. No person shall hide or conceal any bees or used beekeeping equip-
4 ment from [the inspector] department employees or officials or give
5 false information in any manner pertaining to this article. No person
6 shall resist, impede or hinder the commissioner or [his] the commission-
7 er's duly authorized representatives in the discharge of his or her or
8 their duties.
9 3. Whenever the commissioner or [his] the commissioner's duly author-
10 ized representatives shall determine that any colony of bees, bee mate-
11 rial, structures or appliances is infected with, or has been exposed to,
12 contagious or infectious diseases of bees, or is infested with or has
13 been exposed to insects or parasitic organisms adversely affecting bees,
14 or to species or subspecies of bees which have been determined by the
15 commissioner to cause injury, directly or indirectly, to this state's
16 [useful] managed bee population, crops, or other plants, said colonies
17 of bees and material, structures or appliances shall be immediately
18 placed under quarantine and a written notice thereof shall be served on
19 the owner or caretaker. No person shall move, tamper with, handle, or
20 otherwise disturb or molest or cause to be moved, tampered with,
21 handled, or otherwise disturbed or molested any colonies, materials, or
22 appliances so quarantined without a written permit from the commissioner
23 or [his] the commissioner's duly authorized representatives.
24 4. (a) All species and subspecies of bees which have been determined
25 by the commissioner to cause injury, directly or indirectly, to the
26 public safety shall be destroyed per commissioner order.
27 (b) A Beekeeper who received notification that he/she is prohibited
28 from selling NUCS as they have been deemed unfit for sale by laboratory
29 confirmation of American Foulbrood, may be ordered by the commissioner
30 to destroy such colonies.
31 (c) During the time specified in either such order authorized by this
32 subdivision, the quarantined colonies and equipment shall not be
33 removed, molested or tampered with except by written permission of the
34 commissioner or the commissioner's duly authorized representative. No
35 damage shall be awarded to the owner for the loss of any apiary, bees,
36 hives, apiary appliance or bee product destroyed under the provisions of
37 this section or a regulation or order made in pursuance thereof.
38 4-a. All species and subspecies of bees determined by the commissioner
39 to cause injury to this state's [useful] managed bee population, crops,
40 or other plants and all bees, beehives, bee fixtures or appurtenances
41 infected with, or exposed to, contagious or infectious diseases of bees,
42 or infested with, or exposed to, insects or parasitic organisms adverse-
43 ly affecting bees, or with or to species or subspecies of bees which
44 have been determined by [him] the commissioner to cause injury, directly
45 or indirectly, to this state's [useful] managed bee population, crops,
46 or other plants, are hereby declared to be nuisances to be abated as
47 hereinafter described.
48 5. If any inspection made by the commissioner or [his] the commission-
49 er's duly authorized representative discloses that any apiary, appli-
50 ances, structures, colonies or comb constitute a nuisance within the
51 meaning of this section, the commissioner or [his] the commissioner's
52 duly authorized representatives may with the co-operation and consent of
53 the owner or person in charge immediately proceed to abate the nuisance
54 by destroying or treating such colonies and equipment, or he or she may
55 order the owner or person in charge to destroy or treat such colonies or
56 equipment as may be deemed advisable. In case the owner or person in
A. 8431 6
1 charge will not consent to the abatement of the nuisance by immediate
2 destruction or treatment, the commissioner or [his] the commissioner's
3 duly authorized representative shall notify [in writing] the owner,
4 occupant or person in charge of the premises in writing that such
5 nuisance exists and order that the same be abated within five days after
6 a date which shall be specified in said order. Such order shall also
7 contain directions setting forth the method or methods which shall be
8 taken to abate the nuisance and shall be served upon the owner, occupant
9 or person in charge of the premises either personally or by registered
10 or certified mail.
11 6. [If the] A beekeeper who receives an order that directs the
12 destruction or treatment of any bees, hives, fixtures or appurtenances
13 [and the owner thereof considers himself to be aggrieved thereby, he]
14 deemed a nuisance or notification that such beekeeper is prohibited from
15 selling NUCS pursuant to paragraph (c) of subdivision one of section one
16 hundred seventy-three-c of this article may, within five days from the
17 receipt of the order[, present to the commissioner a request for a
18 review. Written notice of such request must be served by mail upon the
19 commissioner] or notification, request a hearing thereon. The order or
20 notification shall advise the beekeeper of the right to such hearing,
21 the procedure to be followed and the manner in which the request may be
22 made to the commissioner. Upon receipt of such [notice] request, the
23 commissioner shall [cause an investigation to be made] give the beekeep-
24 er ten days' notice in writing of a hearing for the beekeeper to show
25 cause why the destruction, treatment or prohibition on selling by the
26 order or notification is not appropriate. The hearing shall be held on
27 the record. The request for a [review] hearing shall act to stay all
28 proceedings until [the matter has been investigated and] a final deter-
29 mination rendered by the commissioner. During the time specified in the
30 order and during any extended time [permitted by reason of such review],
31 pending such final determination, the quarantined colonies and equipment
32 shall not be removed, molested or tampered with except by written
33 permission of the commissioner or [his] the commissioner's duly author-
34 ized representative. No damage shall be awarded to the owner for the
35 loss of any apiary, bees, hives, apiary appliance, or bee product
36 destroyed under the provisions of this section or any regulation or
37 order made in pursuance thereof.
38 7. Persons keeping bees shall keep them in hives of such construction
39 that the frames and combs may be easily removed without damaging them
40 for examination of the brood for the purpose of determining whether
41 disease exists in the brood.
42 8. No person shall knowingly expose in any place to which bees have
43 access any bee product, hive or other apiary appliance in such manner
44 that contagious or infectious diseases of bees may be disseminated ther-
45 efrom.
46 9. The commissioner may promulgate rules and regulations to establish
47 appropriate tolerance levels for [insects] diseases or parasitic organ-
48 isms adversely affecting bees within hives, fixtures, structures or
49 appurtenances. Beehives conforming with such established tolerance
50 levels shall not be considered nuisances under this section. If upon
51 inspection a hive is found to exceed such tolerance levels, the commis-
52 sioner may consider such apiary to be a nuisance and may order the
53 destruction or treatment of the apiary as set forth in subdivisions
54 four, four-a, five and six of this section.
55 § 175. [Transportation of bees and bee material. 1. No person shall
56 transport, move, sell, barter, offer for sale or barter, deliver, or
A. 8431 7
1 offer for transportation any colony of bees, used comb, used beekeeping
2 material, or live bees unless it be within the beekeeper's own premises
3 without a permit from the commissioner, except that colonies of bees and
4 used beekeeping equipment which are not infected with or have not been
5 exposed to bee disease, and which are not infested with and have not
6 been exposed to insects or parasitic organisms adversely affecting bees,
7 or to species or subspecies of bees which have been determined by the
8 commissioner to cause injury, directly or indirectly, to this state's
9 useful bee population, crops, or other plants may be moved or trans-
10 ported without a permit provided that the commissioner has been notified
11 in writing of such intention not less than ten days before the bees and
12 equipment are moved.
13 2. No person shall transport, move, buy, sell, possess, barter, offer
14 for sale or barter, deliver, or offer for transportation any species or
15 subspecies of bees which have been determined by the commissioner to
16 cause injury, directly or indirectly, to this state's useful bee popu-
17 lation, crops, or other plants, provided, that the commissioner may at
18 his discretion exempt the transportation, sale, possession, movement, or
19 delivery of such bees for scientific or educational purposes under such
20 safeguards as he may deem necessary.
21 3. Every shipment of live bees in cages or packages without comb into
22 this state from another state or foreign country, shall be accompanied
23 by a permit issued by the commissioner, or by a certificate of freedom
24 from disease executed by an official of such state or foreign country
25 recognized by the commissioner.
26 4. Every shipment of a colony of bees, used comb, used beekeeping
27 equipment, or live bees on comb into this state from another state or
28 foreign country, shall be accompanied by a permit issued by the commis-
29 sioner or by a certificate of freedom from disease, from insects and
30 parasitic organisms adversely affecting bees and from species or subspe-
31 cies of bees which have been determined by the commissioner to cause
32 injury directly or indirectly, to this state's useful bee population,
33 crops or other plants and certifying that a proper inspection was made
34 not earlier than sixty days preceding the date of shipment. Such certif-
35 icate shall be executed by an official of such state or foreign country
36 recognized by the commissioner. A duplicate of such certificate shall be
37 mailed to the commissioner before any such shipment enters this state.
38 Every transportation company upon receipt of such shipment shall imme-
39 diately notify the commissioner thereof, giving the name and address of
40 the consignor and consignee.
41 § 175-b.] Rules and regulations. The commissioner is hereby author-
42 ized, after public hearing, to adopt, promulgate and issue such rules
43 and regulations as [he] the commissioner may deem necessary to carry out
44 and give full force and effect to the provisions of this article,
45 including, but not limited to, the designation of species or subspecies
46 of bees determined by him or her to cause injury, directly or indirect-
47 ly, to the public safety or to this state's [useful] managed bee popu-
48 lation, crops, or other plants. Such rules and regulations shall be
49 filed and open for public inspection at the principal office of the
50 department and shall have the force and effect of law.
51 [§ 175-c.] § 175-a. Review by court. The [action] final determination
52 of the commissioner on a [request for review] hearing as authorized by
53 subdivision six of section one hundred [seventy-five herein] seventy-
54 four of this article may be reviewed in the manner provided by article
55 seventy-eight of the civil practice law and rules, provided, however,
56 that a stay shall not be granted by the court or a justice thereof pend-
A. 8431 8
1 ing final determination of the matter except on notice to the commis-
2 sioner. The [decision] determination of the commissioner after a hear-
3 ing shall be final unless within thirty days from the receipt of written
4 notice thereof a proceeding is instituted to review the same.
5 [§ 175-d.] § 175-b. Violations; remedies. The commissioner may insti-
6 tute such action at law or in equity as may be necessary to enforce
7 compliance with any provision of this article or of any rule or regu-
8 lation promulgated thereunder and in addition to any other remedy
9 prescribed in article three of this chapter or otherwise may apply for
10 relief by injunction if necessary to protect the public interest or
11 abate a nuisance as defined in this article without alleging or proving
12 that an adequate remedy at law does not exist. Such application may be
13 made to the supreme court in any district or county as provided by the
14 civil practice act and the rules of practice of the court, or to the
15 supreme court in the third judicial district.
16 § 3. The subdivision heading and paragraph c of subdivision 9 of
17 section 301 of the agriculture and markets law, the subdivision heading
18 as amended by chapter 440 of the laws of 1993 and paragraph c as amended
19 by chapter 536 of the laws of 2008, are amended to read as follows:
20 "Gross sales [value]" means the proceeds from the sale of:
21 c. Honey, royal jelly, bee pollen, propolis and beeswax produced by
22 bees in hives located on [an otherwise qualified farm operation but
23 which does not independently satisfy the gross sales requirement] land
24 used in agricultural production in conjunction with the same or an
25 otherwise qualified farm operation;
26 § 4. Paragraph (e) of subdivision 2 of section 483 of the real proper-
27 ty tax law, as amended by chapter 35 of the laws of 2016, is amended to
28 read as follows:
29 (e) structures and buildings used in the production of honey, royal
30 jelly, bee pollen, propolis and beeswax including those structures and
31 buildings used for the storage of bees. For purposes of this section,
32 this shall not include those structures or buildings and portions there-
33 of used for the sale of maple syrup or sale of honey and beeswax. The
34 term "structures and buildings" shall not include silos, bulk milk tanks
35 or coolers, or manure storage, handling and treatment facilities as such
36 terms are used in section four hundred eighty-three-a of this title.
37 § 5. This act shall take effect on the one hundred eightieth day after
38 it shall have become a law. Effective immediately, the addition, amend-
39 ment and/or repeal of any rule or regulation necessary for the implemen-
40 tation of this act on its effective date are authorized to be made and
41 completed on or before such effective date.