H. B. 2694


(By Delegates Stemple, Boggs, Crosier,

Williams, Anderson, Evans and Schoen)


[Introduced January 27, 2003 ; referred to the

Committee on Agriculture and Natural Resources then the Judiciary.]


A BILL to repeal sections eight and ten, article thirteen, chapter nineteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend and reenact sections one, two, three, four, five, six, seven and eleven of said article, all relating to apiaries; removing pesticide poisoning and certain violations; adding, deleting and clarifying definitions; authorizing commissioner to seize infected bees and bee equipment; establishing expiration date for certificates of registration; strengthening commissioner's inspection and quarantine powers; clarifying manner of dealing with abandoned apiaries and interstate movement of bees; and modifying penalties.

Be it enacted by the Legislature of West Virginia:
That sections eight and ten, article thirteen, chapter nineteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be repealed; and that sections one, two, three, four, five, six, seven and eleven of said article be amended and reenacted, all to read as follows:
ARTICLE 13. INSPECTION AND PROTECTION OF APICULTURE.
§19-13-1. Short title.

This article shall be known by the short title may be cited as "The West Virginia Apiary Law of 1991 Act."
§19-13-2. Definitions.

The following definitions shall apply in the interpretation and enforcement of this article. All words shall be construed to impart either the plural or the singular, as the case demands For the purpose of this article, the term:
(a) (1) "Abandoned apiary" means any apiary in which the owner cannot be determined and in which twenty-five percent or more of the colonies are dead or diseased, or the death or disarray of the colonies exposes them to robbing, or diseased or potentially diseased abandoned bee equipment which may jeopardize the welfare of neighboring colonies.
(b) (2) "Apiary" means any place where one or more colonies or nuclei of bees are kept or where bee equipment is stored.
(c) (3) "Appliances" means any apparatus, tool, machine or other device, used in the handling and manipulating of bees, honey, wax and hives. It also means any container of honey and wax that may be used in any apiary or in transporting bees and their products and apiary supplies.
(d) (4) "Bees" shall be construed to mean means any stage of the common hive or honeybee honey bee (Apis mellifera), or other species of the genus Apis.
(e) "Bee diseases" shall be construed to mean American foulbrood (Bacillus larvae), European foulbrood (Bacillus pluton), Varroa mite (Varroa jacobsoni), honey bee tracheal mite (Acarapis woodi), or any other infection or parasitic infestation determined by the commissioner to be transmissible to other bee colonies and that represents a threat to beekeeping in West Virginia.
(f) (5) "Bee equipment" means hives, supers, frames, veils, loves gloves or any other appliances.
(6) "Bee products" means honey, bees wax, pollen, propolis and royal jelly.
(g) (7) "Colony" means the hive and includes bees, comb, honey and bee equipment.
(h) (8) "Commissioner" means the commissioner of the department of agriculture of the state of West Virginia or a duly authorized employee.
(i) (9) "Control agents or control mechanisms" means any method of chemical or mechanical control to suppress or eradicate an apiary disease, pest, or parasitic infestation in an apiary or the colonies contained therein.
(j) (10) "Department" means the department of agriculture of the state of West Virginia.
(k) (11) "Hive" shall be construed to mean means a frame hive, box hive, box, barrel, log, gum, skep or any other receptacle or container, natural or artificial, or any part thereof, which may be used or employed as a domicile for bees.
(12) "Honey bee pest" means American foulbrood (Bacillus larvae), European foulbrood (Melissococcus pluton), Varroa mite (Varroa destructor), honey bee tracheal mite (Acarapis woodi), or any other virus or infectious or parasitic organism determined by the commissioner to be transmissible to other bee colonies and that represents a threat to beekeeping in West Virginia.
(l) (13) "Nuclei" means the removal of a split portion or division of any colony of honey bees for the express purpose of creating a numerical increase in colonies for honey production, pollination service or monetary gain through sale of honey bees.
(m) (14) "Packaged bees" means bees shipped in combless packages which shall bear accompanied by a valid certificate of health by from an authorized state or federal agency verifying the absence or presence of any infectious or communicable diseases or parasitic infestations, and further provides providing that no honey has been used for food while in transit or that bears an affidavit that any honey used as food in transit was properly sterilized.
(n) (15) "Person" shall include all means corporations, partnerships, associations, societies, individuals or group of individuals or any employee, servant or agent acting for or employed by any person as above defined.
(o) (16) "Premises" means any parcel of real estate and structures in which bee equipment, bees, bee products and bee appliances can be are or may be utilized for storage purposes.
(p) (17) "Quarantine" means a declaration by the commissioner which specific specifies a period of enforced isolation to contain and prevent the spread of contagious bee diseases or parasites, honey bee pests which shall include specific perimeters deemed by the commissioner to be affected or potentially affected by such contagious bee diseases or parasites. The notice of quarantine shall specify the name of the honey bee pest, the premises to be regulated, the appliances and bee equipment to be regulated, and all conditions governing movement.
(q) (18) "Sterilized or sterilization" means to treat and neutralize contagious bee diseases honey bee pests by means of steam autoclave or ethylene oxide fumigation, boiling at a temperature of two hundred twelve degrees Fahrenheit for thirty minutes, pit incineration, or by any other acceptable method which the commissioner determines effective for control of bee diseases or parasites honey bee pests.
§19-13-3. Commissioner's powers and duties; rule-making authority; apiary education; cooperation with governmental agencies; seizure of infected bees and bee equipment.

(a) It shall be the duty of the commissioner of agriculture to exercise the powers and duties imposed by this article for the purpose of protecting agriculture. For this purpose, the The commissioner is hereby authorized and empowered to promulgate such may propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code: (1) To effectively eradicate, suppress or control bee diseases honey bee pests as far as may be practical; (2) to regulate the keeping and maintaining of bees, bee equipment, queen breeding equipment, apiaries and appliances; (3) to regulate treatments, retreatments, and fees for said the services; and (4) such any other rules as are necessary to effectuate the enforcement of this article.
(b) The commissioner is authorized to conduct apiary education in a manner which may advance advances and promote promotes bee culture in West Virginia.
(c) The commissioner is hereby authorized and empowered to cooperate with the federal government and any its agencies, departments and instrumentalities thereof; the state of West Virginia and any its agencies, departments, divisions, or political subdivisions thereof; and any other state or commonwealth and any its agencies, departments or political subdivisions thereof, in order to carry out the effective administration of this article.
(d) The commissioner is authorized to stop the delivery of, to seize, to destroy, to treat or to order returned to point of origin, at the owner's expense, all appliances, bees, bee equipment, bee products or hives transported into or within this state, found to be infected with honey bee pests regardless of whether a valid certificate of inspection is attached.
§19-13-4. Registration of bees; identification of apiaries.

(a) All persons keeping bees in this state shall, within ninety days of the effective date of this article, notify apply for a certificate of registration for bee keeping from the commissioner, within ten days of the date that bees are acquired, by notifying the commissioner, in writing, of the number and location of colonies they own or rent, or which they keep for someone else, whether the bees are located on their own property or someone else's property. Thereafter, such information shall be provided within ten days of the time the bees are acquired. Bees shall be registered on an annual basis thereafter. All apiary certificates of registration expire on the thirty-first day of December of each year and must be renewed annually.
(b) All persons owning or operating an apiary which is not located on said owner's or operator's their own property must post the name and address of the owner or operator in a conspicuous place in the apiary.
§19-13-5. Right of entry; apiary inspections; quarantines.

(a) To effectuate the purpose of this article, the commissioner is hereby invested with authority, during During reasonable working hours, with prior consent by the owner or person in charge of such apiaries, if known, the commissioner may to enter upon any public or private premises, except private residences, and shall have to access to any apiary for the purpose of inspecting or sampling. No person shall obstruct or hinder the commissioner in the discharge of his or her duties.
(b) The commissioner shall inspect, as practical practicable, all colonies of honey bees domiciled within the state of West Virginia. If upon such inspection, it is found that any bee disease or parasite any honey bee pest exists is found in such the apiary, the inspector making the inspection commissioner shall immediately notify, in writing, the owner or person in charge of such apiary operator stating the nature type of the disease or parasite honey bee pest and whether the same it may be successfully treated or not.
In cases where the disease or parasite honey bee pest is subject to treatment, the inspector commissioner shall specify and direct the necessary treatment, which shall will be administered by the owner or person in charge operator, within fourteen days thereafter of the date of notice . Otherwise If not treated, the colonies contained in the apiary in which such bee diseases or parasites the honey bee pests are found shall be depopulated without remuneration to the owner. All bee hives and related bee equipment found in any diseased apiary shall be destroyed, or sterilized or treated in a manner approved by and under the direction of the commissioner.
(c) All queen breeding apiaries producing queens, packaged bees or nuclei colonies for distribution shall be thoroughly inspected twice each season year. If upon such inspection it shall appear that any bee disease or parasite exists honey bee pests are found in such the apiary, the inspector making the inspection commissioner shall immediately notify, in writing, the owner or person in charge thereof operator, and thereafter it shall be unlawful for any such person the owner or operator to ship, sell or give away any queen bees, appliances, packaged bees, full colonies or nuclei colonies from such the apiary until the disease or parasitic infestation honey bee pests has have been eradicated controlled to the satisfaction of the commissioner.
(d) The commissioner shall have the power to establish interior and exterior quarantines to prevent or contain the spread of contagious bee diseases and parasitic infestations Such quarantines shall include specific perimeters to encompass any township, area, county or region within the state deemed by the commissioner, which may be affected by such contagious diseases or parasitic infestations quarantine all apiaries, bees, bee equipment, bee products, appliances and premises infected by honey bee pests. Quarantine orders shall specify the honey bee pest, the premises or apiary quarantined, bee equipment, bee products and appliances regulated. The commissioner may adopt other orders to prevent the introduction of or to contain the spread of honey bee pests that are capable of being transported by bees, appliances or bee equipment. The order shall set forth the conditions governing the movement of the regulated items.
Exterior quarantines may be established to prevent diseased or parasitized bees and related equipment from being transported into West Virginia. When the commissioner issues a quarantine pursuant to this authority, he/she shall issue an order which specifies the type of contagious bee disease or parasitic infestation, the area or areas quarantined, conditions governing movement of bees or bee equipment from the quarantined area and such other information that protects the beekeeping industry as deemed necessary by the commissioner. The commissioner shall post a notice of quarantine at the primary location of the bee disease or parasitic infestation. If the quarantine affects more than three miles in radius, then notice of the order of quarantine shall be published as a Class I legal advertisement in compliance with the provisions of chapter fifty-nine of this code, and the publication area for such publication shall be the quarantined area.
All apiaries, bees, bee products, premises, bee equipment and appliances wherein or on which bee diseases and parasites are found to exist shall be quarantined by the commissioner. Such quarantine shall continue until the commissioner declares the same to be apparently free from any such bee diseases and parasites.
The commissioner shall have authority to rescind, in writing, quarantines and other orders as he/she when he or she determines the need or practicability no longer exists by the same notice method utilized to implement the quarantine.
§19-13-6. Abandoned apiaries and equipment; notice.

When any apiary or bee equipment is deemed by the commissioner to be abandoned, the commissioner shall give written notice by registered mail to the owner or operator thereof, if such ownership or operator can be determined, that the commissioner deems such apiary or bee equipment abandoned. It shall be unlawful for a person to knowingly maintain an abandoned apiary or bee equipment. When the commissioner determines that an apiary or bee equipment has been abandoned, he or she shall notify, in writing, the owner or operator that the apiary or bee equipment has been declared abandoned. The owner or operator has thirty days from the date of notice to enclose, dispose of or destroy the abandoned apiary or bee equipment in a manner approved by the commissioner. If the owner or operator of the property abandoned apiary or bee equipment cannot be located after reasonable inquiry, said notice shall be provided by the same mailing requirement to the owner of the real property on which the apiary or bee equipment is located. If such the apiary or bee equipment continues to be abandoned for a period of sixty thirty days thereafter, the commissioner may seize the apiary or bee equipment and take such action as is necessary to dispose of or to destroy said the apiary or bee equipment as its condition warrants conditions warrant. In order to halt the spread of bee diseases and parasitic infestation when an abandoned apiary is found upon inspection to be diseased, the commissioner is authorized to cause it to be destroyed.
§19-13-7. Bees brought into state to carry inspection certificate; commissioner to be notified; interstate movement of bees.

(a) It shall be unlawful for any person to transport bees, used hives, used bee equipment or used appliances into West Virginia, unless the same be accompanied by a certificate of inspection signed by an authorized state or federal inspection official of the state from which such bees or equipment is being transported. Such certificate shall certify verifying the actual inspection of the bees, used bee equipment or used appliances made within thirty days preceding the date of shipment and that the bees, hives, equipment and appliances contained in the shipment are apparently free from bee diseases and parasitic infestation certifying the absence of honey bee pests.
(b) Prior to the movement of any bees, used bee equipment combs, bee or used appliances or equipment into West Virginia, and as a prerequisite to the issuance of a permit of entry, the commissioner shall be furnished by the owner, transporter, or lessee operator the following:
(1) The exact location or destination of the bees, or used bee equipment or used appliances.
(2) Name and address of the owner of the property where the bees, or used bee equipment or used appliances will be located.
(3) The exact number of colonies or amount of used bee equipment and or used appliances in the shipment.
(4) A copy of the inspection certificate issued by the state or federal inspector of the state of origin.
Upon compliance with the mandatory requirements set forth heretofore, the The commissioner shall issue a temporary or permanent permit of entry. A temporary permit may not to exceed sixty days unless said bees and equipment are to be permanently located within West Virginia, then the commissioner shall issue a nonlimited permit.
If the commissioner denies the request for an entry permit, then the commissioner he or she shall notify the owner, operator or transporter of said the denial and the reasons therefor.
§19-13-8. Pesticide poisoning to bees.

Any application or treatment of any pesticide to agricultural crops while in full bloom which is inconsistent with product labeling of the pesticide and is deemed by the commissioner to be injurious to bees shall be prohibited.
§19-13-10. Violations.

It shall be unlawful for any person to:
(a) Knowingly keep in his/her possession without proper treatment, any colony of bees affected with any bee disease or parasitic infestation; or to expose any diseased or infested colony, hive, or appliance so that foraging bees have access to them.
(b) To sell, barter, give away, accept, receive or transport any bees that are known to be affected with any bee disease or parasitic infestation.
(c) To resist, impede or hinder the commissioner or an authorized employee in the performance of his/her duties under the provision of this article.
(d) To use or apply any apiary disease, pest or parasite control chemical by any mechanism which is inconsistent with the product label as approved by the United States Environmental Protection Agency.
§19-13-11. Penalties for violations of article; rules.

(a)(1) Criminal penalties. -- Any person violating any provision of this article or rule adopted hereunder issued pursuant to this article is guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than fifty one hundred dollars nor more than five hundred dollars for the first offense, and for each subsequent offense, shall be fined not less than five hundred dollars nor more than one thousand dollars, or imprisoned in the county or regional jail not more than six months, or both fined and imprisoned. Magistrates have concurrent jurisdiction with circuit courts to enforce the provisions of this article.
(2) It shall be the duty of the prosecuting attorney of the county in which the violation occurred to represent the department of agriculture, to institute proceedings, and to prosecute the person charged with such violation.
(b) Civil penalties. --
(1) Any person violating the provisions of this article or rule adopted hereunder issued pursuant to this article may be assessed a civil penalty by the commissioner. In determining the amount of any civil penalty, the commissioner shall give due consideration to the history of previous violation of any persons, the seriousness of the violation, including any hazards to agriculture in West Virginia and the demonstrated good faith of any person charged in attempting to achieve compliance with this article after written notification of the violation.
(2) The commissioner may assess a penalty of not more than two hundred fifty one hundred dollars for the first offense or nonserious less serious violation, as determined by the commissioner in accordance with the rules promulgated approved in accordance with the provisions of chapter twenty-nine-a of this code, and not more than one thousand dollars for a serious, repeat or intentional violation, as determined by the commissioner in accordance with such promulgated the approved rules.
(3) The commissioner may negotiate and enter into a settlement agreement for the payment of civil penalties.
(3) (4) The civil penalty is payable to the state of West Virginia and is collectible in any manner now or hereafter provided for collection of a debt collectable in any manner authorized by law for the collection of debts. Any person liable to pay the a civil penalty and neglecting or refusing to pay the same it within thirty days of written notice of demand for payment, shall be assessed interest at the rate of ten percent per year from the date the penalty was assessed to the date of payment. Such The penalty and interest constitute a lien in favor of the state of West Virginia and shall attach on the person's property when such a lien is properly recorded in the county where wherein the property is situated. There shall be no cost as a condition precedent to recording.
(4) (5) Notwithstanding any other provision of law to the contrary, the commissioner may promulgate and adopt rules which permit consent agreements for the civil penalties assessed as a result of violation of the provisions of this article. The commissioner shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty- nine-a of this code to establish procedures for the assessment and collection of civil penalties as provided in this section.
(5) (6) No state court may allow the recovery of damages for administrative action taken if the court finds that there was probable cause for such action.
(6) It shall be the duty of the prosecuting attorney of the county in which the violation occurred to represent the department of agriculture, to institute proceedings, and to prosecute the person charged with such violation.

NOTE: The primary purpose of this bill to protect the beekeeping industry. The bill: (1) repeals sections covered elsewhere in the code; (2) adds, deletes and clarifies definitions; (3) authorizes the seizure of infected bees and bee equipment; (4) strengthen's inspection and enforcement powers; (5) clarifies the manner of dealing with abandoned apiaries and the interstate movement of bees; (6) establishes a maximum penalty for first offense misdemeanor violation and changes the maximum first offense civil penalty; and (7) makes stylistic changes in accord with current and preferred word usage.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.

This bill is recommended for passage by the Interim Committee on Agriculture and Agribusiness.