Bill Text: NY S00407 | 2021-2022 | General Assembly | Introduced


Bill Title: Requires any person including certified and licensed responsible pesticide applicators and commercial pesticide applicators and operators operating in the state to contact the division of plant industry of the department of agriculture and markets by phone at least forty-eight hours in advance of extermination of honey bees to obtain assistance in trying to relocate nuisance honey bee colonies or hanging swarms of honey bees, in lieu of destroying such honey bees; makes related provisions.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2022-01-05 - REFERRED TO AGRICULTURE [S00407 Detail]

Download: New_York-2021-S00407-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                           407

                               2021-2022 Regular Sessions

                    IN SENATE

                                       (Prefiled)

                                     January 6, 2021
                                       ___________

        Introduced  by  Sen.  BIAGGI -- read twice and ordered printed, and when
          printed to be committed to the Committee on Agriculture

        AN ACT to amend the agriculture and markets  law,  in  relation  to  the
          preservation of honey bee colonies

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The agriculture and markets law is amended by adding a  new
     2  article 15-B to read as follows:
     3                                ARTICLE 15-B
     4                     PRESERVATION OF HONEY BEE COLONIES
     5  Section 175-v. Relocating honey bee colonies.
     6    § 175-v. Relocating honey bee colonies. 1. To preserve honey bee colo-
     7  nies  in the state, any person, including certified and licensed respon-
     8  sible pesticide applicators and  commercial  pesticide  applicators  and
     9  operators  operating  in  the state, shall contact the division of plant
    10  industry of the department  by  phone  at  least  forty-eight  hours  in
    11  advance of extermination of honey bees to obtain assistance in trying to
    12  relocate nuisance honey bee colonies or hanging swarms of honey bees, in
    13  lieu  of  destroying  such honey bees. Honey bees shall not be destroyed
    14  without prior approval from such division.
    15    2. In the event the division of plant industry is not  reachable,  any
    16  person,  including certified and licensed responsible pesticide applica-
    17  tors and commercial pesticide applicators and operators,  shall  attempt
    18  to  contact no fewer than three beekeepers identified by the local beek-
    19  eeping association found on the Cornell  University's  College  Agricul-
    20  tural  and  Life  Science's  website  as  swarm collectors servicing the
    21  affected county, in order to obtain assistance  in  relocating  nuisance
    22  honey  bee colonies or hanging swarms before nuisance honey bee colonies
    23  or hanging swarms of honey bees may be destroyed. Where there are  fewer
    24  than  three  beekeepers  listed  on such website in the county where the

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02955-01-1

        S. 407                              2

     1  swarm or nuisance colony is  located,  such  person  shall  contact  any
     2  available beekeepers on the list in such county.
     3    3.  Where  a  swarm  poses an imminent danger to any person or where a
     4  beekeeper needs to use an insecticide while  attempting  to  relocate  a
     5  swarm because such swarm is aggressive or diseased, such person shall be
     6  exempt from the provisions of this section.
     7    4.  Any person, including certified and licensed responsible pesticide
     8  applicators and commercial pesticide applicators and operators operating
     9  in the state shall indemnify and hold harmless the state of New York  in
    10  any  action or proceeding arising out of the relocation and preservation
    11  of honey bees in accordance with the provisions of this article.
    12    § 2. This act shall take effect on the sixtieth  day  after  it  shall
    13  have become a law. Effective immediately, the addition, amendment and/or
    14  repeal  of  any  rule  or regulation necessary for the implementation of
    15  this act on its effective date are authorized to be made  and  completed
    16  on or before such effective date.
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