ALABAMA LAW ON HONEY BEES & APIARIES · PDF fileSECTION 2-14-3 Registration of colonies, bee...

ALABAMA LAW ON HONEY BEES & APIARIES

This Presentation

Excerpted from

The Alabama Code of 1975, and

The Alabama Administrative Code of 2014

Edited to facilitate your reading and understanding of the law

Prepared and Presented by

Bill Evans, JD, Master Beekeeper

[email protected]

mailto:[email protected]

Code of Alabama - Title 2: Agriculture - Section 2-11-120 - Definitions

• Section 2-11-120 - Definitions.

– The terms "honey," "liquid or extracted honey," "strained honey" or "pure honey" as used in this article, shall mean the nectar of plants that has been transformed by, and is the natural product of the honey bee, either in the honeycomb or taken from the honeycomb and marketed in a liquid, crystalized or granulated condition.

ALABAMA CODE TITLE 2 – AGRICULTURE

CHAPTER 14 – HONEY BEES & APIARIES

SECTIONS 1-15

2-14-1 to 2-14-15 (Enacted 1965)

Registration, Inspection and

Control of Honey Bees and Apiaries

TITLE 2, CHAPTER 14 IS COMPRISED OF 15 SECTIONS

• 2-14-1: Definitions

• 2-14-2: Purpose of Chapter

• 2-14-3: Registration of colonies, bee yards, and apiaries

• 2-14-4: Movement or shipment of honey bees into state

• 2-14-5: Shipment, movement, etc., into state of used beekeeping equipment

SECTIONS 6-10 • 2-14-6: Shipment, movement, etc., of used

beekeeping equipment without permit • 2-14-7: Owners, etc., to mark used hive-bodies

and supers • 2-14-8: Preparation and maintenance of

county maps of apiary locations • 2-14-9: Eradication or control of contagious

and infectious diseases of honey bees • 2-14-10: Quarantining of apiary or colony of

honey bees infected with contagious or infectious disease, etc.

SECTIONS 11-15

• 2-14-11: Destruction of diseased bees, supplies or equipment

• 2-14-12: Failure of owner to treat or destroy bees, equipment, etc.

• 2-14-13: Rules and regulations

• 2-14-14: Designation of State Apiarist; powers thereof

• 2-14-15: Penalties for violations of provisions of chapter, rules or regulations, etc.

SECTION 2-14-1 Definitions

When used in this chapter, the following terms shall have the following

meanings, respectively, unless the context clearly indicates otherwise:

• COLONY OF BEES: A queen bee and worker bees, on comb,

enclosed in any container.

• APIARY: A location or site on which one or more colonies of bees

is located.

SECTION 2-14-2 Purpose of Chapter

• The purpose of this chapter is to prevent the introduction into and

dissemination within this state of contagious and infectious

diseases of honey bees

• By providing for the registration, inspection and control of honey

bees and apiaries,

• Which activity is hereby found and declared by the Legislature to

promote agriculture in the State of Alabama.

SECTION 2-14-3 Registration of colonies, bee yards,

and apiaries

• Every beekeeper, owner or others in possession of any honey bees

shall, on or before October 1 of each year, register with the

Commissioner of Agriculture and Industries every colony of honey

bees, bee yards or apiaries in their possession or under their control,

and

• Such registration shall be made upon forms furnished by the

commissioner upon which there shall be shown the number and

location of colonies of bees with the apiary location or locations

together with such other information as may be necessary for the

administration of this chapter.

SECTION 2-14-3 (Cont’d)

• The Board of Agriculture and Industries shall establish through rules and regulations categories of apiarists or beekeepers.

• Colonies of bees and apiaries acquired after October 1 during any year and not previously registered shall also be registered as required under this section;

• Provided, however, that this requirement shall not apply to any bees or apiaries acquired after March 31, as such bees shall not be registered until the following October 1.

• If any honey bees or an apiary currently registered under this section are sold or otherwise transferred from one beekeeper to another beekeeper, the registration may be transferred to the person acquiring such bees or apiary without the payment of the registration fee.


• An annual registration or inspection fee shall be paid by the

registrant which shall accompany the application for registration.

• The amount of such fee shall be based upon the number of

colonies of bees owned by or under the control of the person

registering such honey bees in the following amounts.


Number of Current Late Filing Colonies Registration Fee (After Oct. 1)

1-9 $ 4.00 $ 4.60 10-24 $ 8.00 $ 9.20 25-49 $12.00 $13.80 50-99 $17.00 $19.55 100-249 $25.00 $28.75 250-499 $40.00 $46.00 500 or more $60.00 $69.00

REGISTRATION FORM


• The Board of Agriculture and Industries shall establish the annual

registration or inspection fee for each category of apiarist or

beekeeper.

• All amounts collected under this section as registration fees

together with the amount of any fine imposed under the penalty

section of this chapter

• Shall be deposited into the Agricultural Fund of the State Treasury

to be disbursed and expended for the administration and

enforcement of this chapter by the Department of Agriculture and

Industries.


• For the payment of salaries, equipment purchases, travel

expenses and other purposes incident to and necessary for the

administration and enforcement of this chapter.

• Failure or refusal to comply with the registration requirements of

this section and to pay the required registration fee shall be

unlawful and punishable under the penalty provisions of this

chapter.

SECTION 2-14-4 Movement or shipment of honey bees

into state

• All honey bees shipped or moved into the State of Alabama shall be

accompanied by a certificate of inspection, signed by the apiary

inspector or other official performing similar duties of the state or

country from which shipment is made:

• Certifying that the bees and the combs and hives from which the bees

were taken have been inspected by such official and that said bees,

their combs and hives are apparently free from contagious and

infectious diseases.

• The inspection provided for in this section shall be based upon an

actual examination of the bees and their combs and hives, such

examination or inspection to be made during brood-rearing and within

a period of 60 days preceding the date of shipment.


• The inspection certificate required under this section shall be

attached to each parcel or package of each shipment or

movement in a conspicuous place, plainly written.

• All shipments or movements of honey bees into the State of

Alabama shall be in combless packages only, and shipments or

movements of honey bees into this state in violation of the

requirements of this section shall be unlawful.

• It shall also be unlawful to ship or move into, within or out of the

state a queen bee or other bees in packages or cages that contain

food, any part of which is honey.

SECTION 2-14-4 (Cont’d) • Any person moving bees into this state on a comb in violation of

this section shall be fined one hundred dollars ($100) per hive.

• The owner or other person in possession of the hives shall be given notice by the Department of Agriculture and Industries to move the hives within seven days of the notice. If the hives are not moved pursuant to the order of the department, the hives shall be destroyed.

• Upon conviction of a violation under this subsection, the judge may award a person providing information leading to the conviction, a reward to be paid from the fine proceeds in an amount not to exceed one-half of the fines.

• This section shall not apply to bees moved into this state pursuant to a compliance agreement with the Department of Agriculture and Industries as provided by rule of the department.

ALABAMA ADMINISTRATIVE CODE

• The Alabama Administrative Code provides additional mechanisms to deal with relevant provisions of the Alabama Code sections.

• In this case, Chapter 80-10-11-.01 Pollination, spells out the details of the “Compliance Agreement” referenced in Section 2-14-4 of the Alabama Code.

ADMINISTRATIVE CODE CHAPTER 80-10-11-.01 POLLINATION

• Purpose.

– The purpose of this Chapter is to establish a mechanism for the pollination of agricultural products by beekeepers.

– To make certain of the continued production of

certain agricultural products, and

– For the further control of honey bees and apiaries involved in movement under compliance agreements which provide for rigid inspection including quarantine and destruction as provided by law.


• Findings And Determination.

– The pollination of certain crops is found and determined to be necessary for successful crop production and yield for the economic benefit and welfare of the people of Alabama.

– With the continued absence of suitable and comprehensive pollination capabilities by Alabama beekeepers, it is further found and determined that pollination services to and from out-of-state beekeepers would be in the best economic interests of Alabama's agricultural interests, and welfare of the people of Alabama.

– It is the intent that these rules not conflict with statutory authority but at the same time provide for more effective pollination through rigid inspection, destruction and quarantine as necessary to insure healthy, safe and disease-free bees; and enables the constitutional administration of the statutory provisions by facilitating bee movement in the free flow of commerce.


• Definitions.

– (1) Compliance Agreement - an agreement signed by two entities, which stipulate conditions which must be met in order to facilitate the pollination of crops in or outside Alabama.

– (2) Department - the State of Alabama, Department of Agriculture and Industries or its authorized representative.

ADMINISTRATIVE CODE CHAPTER 80-10-11-.04 POLLINATION • Compliance Agreement Authorized.

– (1) In order to facilitate movement of colonies of honey bees into and out of Alabama for pollination purposes only a Compliance Agreement is hereby authorized. The following conditions for such Compliance Agreement shall apply:

• (a) A Compliance Agreement shall be an agreement between the

beekeeper responsible for the pollination activities and the Department made and obtained prior to entry into, or exit from the state.

• (b) A Compliance Agreement shall be implemented when appropriate pollination services cannot be supplied by Alabama beekeepers as determined by the Department and otherwise only in strict adherence to the provisions provided herein.


(Cont’d)

• (c) A Compliance Agreement shall state all conditions, which must be met before colonies of honey bees are approved for movement into and out of Alabama, to include but not be limited to the following: – certification as being free from certain pests,

– pre-treatment of bee colonies with approved pesticides,

– notification of approximate date of entry into and exit from Alabama, time period for removal of all colonies of honey bees from Alabama,

– marking of colonies and associated equipment for identification purposes including the inspection and marking of all Queen Honey bees when leaving and returning to Alabama, with any Queen not bearing the marking upon return to be quarantined or subject to destruction as provided by law.


(Cont’d)

– (2) A Compliance Agreement may be cancelled immediately upon receipt of written notice of non-compliance from the Department.

– (3) Movement of colonies of honey bees into Alabama from out-of-state sources without a fully executed Compliance Agreement shall be subject to the provisions of § 2-14-15, Code of Ala. 1975.

Shipment, movement, etc., into state of

used beekeeping equipment or supplies

• It shall be unlawful to ship, move or otherwise transport into this state for

delivery within the state any previously used honey containers or any hives,

combs, frames, appliances, supers or other beekeeping equipment or

supplies which have been previously used in the keeping or raising of bees;

• Provided, that clean used screen cages or clean used honey containers

may be brought into the state for the purpose of transporting bees or

honey out of the state unless the State Apiarist or his agent determines that

such cages or honey containers create a disease hazard;

• Upon such a determination, such cages or honey containers shall be

confiscated and destroyed by burning. Nothing in this section shall be

construed to prohibit the movement or shipment of any new or unused bee

supplies, equipment or honey containers into the State of Alabama.

SECTION 2-14-5

Shipment, movement, etc., of used beekeeping

equipment or appliances without a permit

• It shall be unlawful to move, transport or ship any honey bees, combs

or used beekeeping equipment or appliances without a permit from the

Commissioner of Agriculture and Industries bearing the approval or

countersignature of the State Apiarist.

• The permit must have been issued within the calendar year during

which the movement or shipment is to be made;

• Before such a permit is issued, the proposed movement of any honey

bees or beekeeping equipment shall be in compliance with all

conditions and requirements that may be set forth and prescribed

therefor under rules and regulations adopted by the State Board of

Agriculture and Industries for the prevention and the spread of

contagious and infectious diseases of honey bees.

SECTION 2-14-6

Owners to mark used hive-bodies and

supers

• To adequately identify used bee equipment, the owner or other

person in possession of such equipment shall be required to mark all

hive-bodies and supers with an easily identified symbol,

• Which symbol or identifiable mark must be approved by the State

Apiarist.

SECTION 2-14-7

REGISTRATION FORM

Preparation and maintenance of

county maps of apiary locations

• The State Apiarist shall prepare or cause to be prepared county maps

showing the exact location of all apiaries located in each county of

the State of Alabama.

• County maps shall be kept current based on information obtained

from annual apiary inspections.

SECTION 2-14-8

Eradication or control of contagious and

infectious diseases of honey bees

• The Commissioner of Agriculture and Industries, pursuant to rules

and regulations adopted and promulgated by the State Board of

Agriculture and Industries as provided in this chapter, shall have full

and plenary power to deal with:

• American and European Foulbrood, Nosema, Isle of Wight

disease and other contagious and infectious diseases of

honey bees

• And to do and perform all such acts through the State Apiarist and other

agents or employees to the end that contagious and infectious diseases

of honey bees may be eradicated or controlled.

SECTION 2-14-9

• The commissioner, through the State Apiarist, may inspect all honey

bees, combs, and hives being shipped or moved from this state to

other states or countries that require inspection and certification before

being admitted to other states or countries.

• The Commissioner of Agriculture and Industries or his or her agents or

employees, including the State Apiarist, may enter and inspect, at all

reasonable hours, any premises, station, depot, express office,

storeroom, warehouse, vehicle, apiary or any other location where

honey bees, beekeeping equipment, or supplies are kept

• To ascertain whether such honey bees, equipment, or supplies are

infected with or exposed to any infectious or contagious diseases

or whether they are being kept, moved, or transported in violation of

this chapter or rules and regulations promulgated under this chapter.


SECTION 2-14-9 (Cont’d) • The Board of Agriculture and Industries shall establish a fee to be

paid by each owner of honey bees necessary to defray the cost and expense of the inspections which shall be deposited into the Agricultural Fund of the State Treasury.

• It shall be unlawful for any person to hinder, obstruct, resist or refuse to allow such entrance and inspection.

• The State Apiarist or his or her agent may direct and require any owner or other person in possession of honey bees dwelling in hives without movable frames and combs not permitting of ready examination and inspection to transfer such bees within a specified time to hives with movable frames.

• Failure to comply shall be followed by destruction of the hives and contents.

Quarantining of apiary or colony of honey bees

infected with contagious or infectious disease

• Any apiary or colony of honey bees found infected with American

Foulbrood or any other contagious or infectious disease or

otherwise found to be kept or moved or transported in violation of the

requirements of this chapter or rules or regulations adopted under this

chapter shall be placed under quarantine by the commissioner, the

State Apiarist, or their agents or employees,

• Which quarantine shall become effective upon written notice thereof

being furnished to the beekeeper or person having possession or control

of such bees.

• Bees, beekeeping supplies or equipment quarantined under the

provisions of this section shall not be moved or allowed to be moved

except by written permission of the commissioner or the State Apiarist.

SECTION 2-14-10

Destruction of diseased bees, supplies

or equipment

• Any colony or colonies of bees, combs, honey frames, hives, supers or

other beekeeping supplies or equipment found to be infected with

American Foulbrood or any other infectious or contagious disease

of bees which cannot be satisfactorily controlled is hereby declared to be

a public nuisance and shall be destroyed by burning by the

beekeeper or other person in control of such diseased bees.

• Upon failure of the beekeeper to destroy the diseased bees and

equipment, the commissioner or his agents or employees are hereby

authorized to and may destroy such bees and equipment.

SECTION 2-14-11

Failure of owner to treat or destroy

bees, equipment, etc.

• It shall be unlawful for any owner or keeper of bees who shall

have been notified by the Commissioner of Agriculture and

Industries or his agents or employees that the State Apiarist has

determined that the disease of Foulbrood or any other contagious or

infectious disease of bees exists in the hives of his apiary

• To fail or refuse to destroy or treat such bees, their hives,

equipment and appliances in the manner prescribed by the State

Apiarist within a period of five days from date of receipt of such

notification;

• Provided, that any owner or keeper of bees notified to treat or

destroy diseased bees shall have the right to have the

Commissioner of Agriculture and Industries review and reconsider

such order at a formal hearing to be conducted for this purpose.

SECTION 2-14-12

• At such hearing, the beekeeper may present any facts relevant to the

condition of his apiary and request that the commissioner review and

reconsider such order to treat and destroy. Any owner or keeper of

bees desiring a hearing must file his request therefore with the

Commissioner of Agriculture and Industries not later than five days

from the date of receipt of notice.

• In addition to the penalties provided in this article for failure to treat or

destroy diseased bees, their hives, equipment and appliances, the

Commissioner of Agriculture and Industries is hereby authorized, in

the event any owner or keeper of bees fails and refuses to treat or

destroy such bees, their hives and equipment, to enforce such order

in a court of competent jurisdiction in the manner now provided by

law for the abatement of public nuisances.


Rules and Regulations

• The Commissioner of Agriculture and Industries, with the approval of the

State Board of Agriculture and Industries, may adopt and promulgate

such rules and regulations as may be necessary to carry out the

evident intent and purpose of this chapter, including rules and regulations

to govern the shipment, movement or transportation of honey bees,

beekeeping equipment, and supplies into or within the State of Alabama,

• The establishment of quarantines, the annual registration of

colonies of honey bees, and the collection of registration fees, the

establishment of fees to defray the expense of the duties imposed by

the chapter, and other rules and regulations for the control and

eradication of contagious and infectious diseases of honey bees.

• The rules and regulations of duly promulgated under this chapter shall

have the force and effect of law. All fees collected under this chapter

shall be deposited into the Agricultural Funds in the State Treasury.

SECTION 2-14-13

Designation of State Apiarist;

powers thereof

• The employee of the state Department of Agriculture and

Industries performing the duties of chief, director or supervisor of

the division of plant industry shall be the State Apiarist,

• And he shall exercise all the powers vested in the Commissioner

of Agriculture and Industries in the enforcement of the provisions of

this chapter except the review procedure to be performed by the

commissioner under the provisions of Section 2-14-12.

SECTION 2-14-14

Penalties for violations of provisions of

chapter, rules or regulations, etc.

• Any person who shall perform any of the acts declared by this

chapter to be unlawful

• or who fails to perform any duty imposed by the provisions of this

chapter

• or who violates any quarantine order issued under the provisions of

this chapter

• or who violates any rule or regulation duly promulgated under the

provisions of this chapter

SECTION 2-14-15


• or who fails and refuses to register colonies of bees or pay the

registration fee required by this chapter

• shall be guilty of a misdemeanor

• and, upon conviction,

• shall be fined not less than $25.00 nor more than $500.00

• and, within the discretion of the court, may be imprisoned for a

period not to exceed six months.

MUNICIPAL ORDINANCES • Many cities and towns in Alabama have enacted local ordinances

regarding keeping honey bees within their jurisdictions.

• These ordinances cannot conflict with state law but they may impose different or more stringent requirements such as:

• Number of hives allowed

• Location of hives on property

• Distance from property lines

• Proximity to schools

• Other provisions

• Before setting up your hive(s), check with your City Clerk for local ordinances, or

• Better yet, get advice from your attorney regarding the law.

Alabama Beekeepers Association

Position Paper on

Municipal Ordinances

Regarding Beekeeping

This document was drafted and adopted in May of 2016

to provide a set of guidelines for local governments

anticipating enacting new ordinances or amending

existing ordinances regarding beekeeping practices

within their jurisdiction.

A copy is available from the Alabama Beekeeping

Association or email me at [email protected]

.


A BEEKEEPER’S LEGAL LIABILITY

STEMING FROM DAMAGES CAUSED

BY HIS/HER BEEKEEPING ACTIVITIES

MAY BE AVOIDED BY POSTING

PROPER NOTICES

NEAR THE APIARY OR APIARIES

AGRITOURISM ACTIVITY • Section 6-5-347 on Agritourism states in part:

• (2) AGRITOURISM ACTIVITY. Any of the following, whether or not a participant provides monetary or other valuable compensation to participate in, view, or enjoy: – a. An activity at an agricultural operation, which is not already addressed

under Sections 6-5-337 or 35-15-40, including, but not limited to, farming, ranching, historic and cultural agricultural activities, self-pick farms, or farmers' markets, provided the agritourism professional is selling his or her own product at a location provided to, leased to, rented to, or owned by the agritourism professional for the purpose of selling his or her own product.

• (3) AGRITOURISM PROFESSIONAL. A person who is engaged in the business of providing agritourism activities including employees or authorized agents who offer or conduct agritourism activities on behalf of an agritourism professional.

• (5) PARTICIPANT. Any person, other than an agritourism professional, who engages in an agritourism activity.

LIMITATION OF BEEKEEPER LIABILITY

• (4) INHERENT RISKS OF AGRITOURISM ACTIVITIES. Those conditions, dangers, or hazards that are an integral part of an agritourism activity, including any of the following:

• b. The behavior of wild animals or insects.

• c. The behavior of domestic animals or insects as to:

– 1. The propensity of a domestic animal or insect to behave in ways that may result in sickness, injury, harm, or death to persons on or around them.

– 2. The unpredictability of the reaction of a domestic animal or insect to sounds, sudden movement, and unfamiliar objects, persons, or other animals.

LIMITATION OF LIABILITY (CONT’D) • (6)(b)(1) Except as provided in subsection (c), an agritourism

professional has – no duty of care to inspect for an inherent risk of agritourism activity

and

– may not be liable for an injury, sickness, or damage to a participant or the death of a participant resulting from an inherent risk of an agritourism activity.

• (6)(b)(1) An agritourism professional does not confer upon any participant the legal status of invitee or licensee.

• (6)(b)(2) Except as provided in subsection (c), a participant or a representative of a participant may not make a claim against, maintain an action against, or recover from an agritourism professional for injury, sickness, damage, or death of a participant resulting from an inherent risk of an agritourism activity.

WARNING NOTICE • (6)(d)(1) This section does not apply unless an

agritourism professional posts and maintains a warning notice printed in black letters, with each letter being at least one inch in height:

“Under Alabama law, an agritourism professional is not liable for injury, sickness, or damage to, or the death of, a participant in an agritourism activity at this location if the injury, sickness, damage, or death results

from the inherent risks of the agritourism activity.

Inherent risks of an agritourism activity include risks of injury, sickness, damage, or death inherent to land, equipment, and animals as well as the potential for you to act in a negligent manner that may contribute to your injury, sickness, damage, or death, or for another participant to act in a manner that may cause your injury, sickness, damage, or death.

You are assuming the risk of participating in this agritourism activity.”

(Act 2012-520, p. 1543, §§1-5.)

Why “Honey Bee” is Two Words

• Regardless of dictionaries, in entomology there is a rule for insect common names that should always be followed. It says: “If the insect is what the name implies, write the two words separately; otherwise run them together.”

• Thus we have such names as house fly, blow fly, and robber fly

contrasted with dragonfly, caddicefly, and butterfly, because the latter are not flies, just as an aphislion is not a lion and a silverfish is not a fish.

• The honey bee is an insect and is preeminently a bee; “honeybee”

is equivalent to “Johnsmith.” • NOTE: The term “Honeybee” in the Alabama state code has been

corrected in this presentation to reflect this rule.

Thanks For Your Attention!

Any Questions?

If you would like to contact me:

Bill Evans Rose Hill Farm, LLC

1031 County Road 50

Jemison, AL 35085

[email protected]

Home: (205) 688-1287

Cell: (205) 310-3800


If you would like to have a

copy of this presentation:

Go to my website at

www.RoseHillFarmLLC.com

and download it.

http://www.rosehillfarmllc.com/

ALABAMA LAW ON HONEY BEES & APIARIES · PDF fileSECTION 2-14-3 Registration of colonies, bee...

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