Bill Text: NY S06182 | 2019-2020 | General Assembly | Amended

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO AGRICULTURE [S06182 Detail]

Download: New_York-2019-S06182-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         6182--A

                               2019-2020 Regular Sessions

                    IN SENATE

                                      May 21, 2019
                                       ___________

        Introduced  by  Sens.  METZGER,  MAY -- (at request of the Department of
          Agriculture and Markets) -- read twice and ordered printed,  and  when
          printed  to  be committed to the Committee on Agriculture -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee

        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     2  REPEALED.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.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09084-03-9
        S. 6182--A                          2

     1          175-b.] Rules and regulations.
     2          [175-c] 175-a. Review by court.
     3          [175-d] 175-b. Violations  remedies.
     4    § 173. Apiary  industry  advisory committee. 1. There is hereby estab-
     5  lished within the department an apiary industry advisory committee which
     6  shall consist of no more than fifteen members to  be  appointed  by  the
     7  commissioner  based  on  their  experience  and  expertise in the apiary
     8  industry. Of the members so appointed, at least two members shall repre-
     9  sent each of the three sectors of the apiary industry, commercial  beek-
    10  eepers,  part-time  beekeepers  and  hobbyist  beekeepers;  at least one
    11  member shall represent the horticulture or vegetable  industry  and  one
    12  member shall be an officer or employee of the Cornell cooperative exten-
    13  sion  service.  Members shall be appointed for a term of three years and
    14  may serve until their successors are chosen provided, however,  that  of
    15  the  members  first  appointed, five shall serve for a term of one year,
    16  five shall serve for a term of two years, and five  shall  serve  for  a
    17  term of three years. Members shall serve without salary. The commission-
    18  er or his or her designee shall be the chairperson of 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" shall mean  a  starter  colony,  consisting  of  a
    33  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.  The commissioner shall provide a beekeeper or his or her
    45  designated agent with advance notice of any inspection of an apiary.  He
    46  or  she  may  also cause investigations to be made as to the best method
    47  for the eradication of diseases of bees, insects or parasitic  organisms
    48  adversely  affecting  bees, or for the eradication of species or subspe-
    49  cies of bees which have been determined by him or her to  cause  injury,
    50  directly or indirectly, to this state's [useful] managed bee population,
    51  crops,  or  other  plants and he or she may plan and execute appropriate
    52  methods for such eradication.
    53    The commissioner shall have access to all apiaries, structures, appli-
    54  ances or premises where bees or honey or comb used in apiaries  may  be.
    55  He  or  she may open any hive, colony, package or receptacle of any kind
    56  containing or which he or she has reason to believe contains  any  bees,
        S. 6182--A                          3

     1  comb,  bee  products, used beekeeping appliances, or anything else which
     2  is capable of transmitting contagious or infectious diseases of bees  or
     3  which  is  capable of harboring insects or parasitic organisms adversely
     4  affecting  bees, or species or subspecies of bees which have been deter-
     5  mined by him or her to cause injury, directly  or  indirectly,  to  this
     6  state's [useful] managed bee population, crops, or other plants.
     7    §  173-c.  Cooperative  honeybee  health  improvement  program.  1. In
     8  support of the duties outlined in this article, as well as the goals and
     9  objectives set forth in the New York State  Pollinator  Protection  Plan
    10  (June,  2016)  and any subsequent versions of the plan; the commissioner
    11  shall create a cooperative honeybee  health  improvement  program  which
    12  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
    18  information shall be updated and provided  to  the  commissioner  on  an
    19  annual 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.  The department shall also use this information to
    23  establish the boundaries of disease and  parasite  infestations  in  the
    24  area surrounding a confirmed disease or parasite infestation.
    25    (c)  Any  individual or business that intends to sell nucleus colonies
    26  ("NUCS") produced within and offered for sale to other  persons  in  New
    27  York  must  first  have an inspection of the operation by the department
    28  which inspections shall continue on an annual basis, so long  as  "NUCS"
    29  are  offered  for  sale.  These  inspections shall ascertain whether the
    30  operation is free from American Foulbrood and whether  levels  of  other
    31  infectious  diseases  and  parasites  in the operation render the "NUCS"
    32  unfit for sale. Operations found to be infested with American  Foulbrood
    33  shall  be  prohibited  from  selling "NUCS" for a period of one year, or
    34  until the operation is inspected and found  to  be  free  from  American
    35  Foulbrood.
    36    (d) No person shall transport, move, buy, sell, possess, barter, offer
    37  for  sale or barter, deliver, or offer for transportation any species or
    38  subspecies of bees which have been determined  by  the  commissioner  to
    39  cause  injury,  directly  or indirectly, to the public safety or to this
    40  state's managed bee population, crops, or other plants; provided, howev-
    41  er, that the commissioner may, at his  or  her  discretion,  exempt  the
    42  transportation,  sale,  possession,  movement,  or delivery of such bees
    43  used for scientific or educational purposes under such safeguards as  he
    44  or she may deem necessary.
    45    (e) Every shipment of live bees in cages or packages without comb into
    46  this  state  from another state or foreign country, shall be accompanied
    47  by a permit issued by the commissioner, or by a certificate  of  freedom
    48  from  disease  executed  by an official of such state or foreign country
    49  recognized by the commissioner.
    50    (f) Every shipment of a colony of bees,  used  comb,  used  beekeeping
    51  equipment,  or  live  bees on comb into this state from another state or
    52  foreign country, shall be accompanied by a permit issued by the  commis-
    53  sioner or by a certificate of freedom from diseases and parasitic organ-
    54  isms  adversely  affecting  bees  and from species or subspecies of bees
    55  which have been determined by the commissioner to cause injury  directly
    56  or  indirectly, to the public safety or to the state's managed bee popu-
        S. 6182--A                          4

     1  lation, crops, or other plants; and certifying that a proper  inspection
     2  was  made  not  earlier  than sixty days preceding the date of shipment.
     3  Such certificate shall be executed by the certifying  official  of  such
     4  state  or  foreign  country.  A  duplicate  of  such certificate must be
     5  received by the department before any such shipment  enters  the  state.
     6  Every  transportation  company upon receipt of such shipment shall imme-
     7  diately notify the commissioner thereof, giving the name and address  of
     8  the consignor or consignee.
     9    2.  The  goals  of the cooperative honeybee health improvement program
    10  shall be to:
    11    (a) document the health of the state's managed pollinator  population,
    12  including the presence of parasites, diseases, and environmental threats
    13  to the state's population of managed pollinators;
    14    (b) provide information on honeybee health to beekeepers, stakeholders
    15  and academia to inform research and best management practices related to
    16  pollinator health;
    17    (c)  document  the  annual  population  of managed pollinators in each
    18  county within New York state; and
    19    (d) collect contact information for each beekeeper to allow for better
    20  communication among the department and beekeepers relating to the  inci-
    21  dence of parasites, disease and other health threats that could be tran-
    22  smitted within the flight range of managed pollinators.
    23    3.  There shall be no fee or other registration cost for enrollment in
    24  the cooperative honeybee health improvement program.
    25    4. The information provided to the commissioner as required  by  para-
    26  graph  (a) of subdivision one of this section shall be considered confi-
    27  dential and not subject to public disclosure,  except  such  information
    28  shall  not be considered confidential as deemed necessary by the commis-
    29  sioner to implement the purposes of this article.   If the  commissioner
    30  deems  it necessary to release such information, he or she shall provide
    31  written notice to the beekeeper at least twenty-one days before  releas-
    32  ing such information.
    33    § 174. Keeping  of  diseased  and banned bees prohibited; existence of
    34  disease to be reported.
    35    1. No person shall keep in his or her possession or under his  or  her
    36  care any colony of bees affected with a contagious or infectious disease
    37  or  infested  by  [insects]  disease  or  parasitic  organisms adversely
    38  affecting bees, or by species or subspecies  of  bees  which  have  been
    39  determined  by the commissioner to cause injury, directly or indirectly,
    40  to the public safety or to this state's [useful] managed bee population,
    41  crops, or other plants. Any person who [knows that  any  bees  owned  or
    42  controlled by him are affected with, or have been exposed to, any conta-
    43  gious  or  infectious  disease, insects or parasitic organisms adversely
    44  affecting bees, or by species or subspecies  of  bees  which  have  been
    45  determined  by the commissioner to cause injury, directly or indirectly,
    46  to this state's useful bee population, crops,  or  other  plants,]:  (a)
    47  knows  that any bees owned or controlled by him or her exceed disease or
    48  parasite tolerances that are established in regulation  by  the  commis-
    49  sioner; or (b) knows that any bees owned or controlled by him or her are
    50  a species or subspecies of bees that have been determined by the commis-
    51  sioner  to cause injury, directly or indirectly, to the public safety or
    52  to this state's managed bee population, crops, or other plants, shall at
    53  once report such fact to the commissioner, stating all  facts  known  to
    54  him or her with reference to said contagion, infection, or exposure.
    55    2.  No person shall hide or conceal any bees or used beekeeping equip-
    56  ment from [the inspector] department  employees  or  officials  or  give
        S. 6182--A                          5

     1  false  information  in  any manner pertaining to this article. No person
     2  shall resist, impede or hinder the  commissioner  or  his  or  her  duly
     3  authorized  representatives  in  the  discharge  of  his or her or their
     4  duties.
     5    3.  Whenever  the commissioner or his or her duly authorized represen-
     6  tatives shall determine that any colony of bees,  bee  material,  struc-
     7  tures or appliances is infected with, or has been exposed to, contagious
     8  or  infectious diseases of bees, or is infested with or has been exposed
     9  to insects or  parasitic  organisms  adversely  affecting  bees,  or  to
    10  species  or subspecies of bees which have been determined by the commis-
    11  sioner to cause injury, directly or indirectly, to this state's [useful]
    12  managed bee population, crops, or other plants, said  colonies  of  bees
    13  and material, structures or appliances shall be immediately placed under
    14  quarantine  and a written notice thereof shall be served on the owner or
    15  caretaker.   No person shall move, tamper  with,  handle,  or  otherwise
    16  disturb  or  molest  or  cause  to  be moved, tampered with, handled, or
    17  otherwise disturbed or molested any colonies, materials,  or  appliances
    18  so  quarantined without a written permit from the commissioner or his or
    19  her duly authorized representatives.
    20    4. All species and subspecies of bees which have  been  determined  by
    21  the  commissioner to cause injury, directly or indirectly, to the public
    22  safety or to this state's [useful] managed  bee  population,  crops,  or
    23  other  plants  and  all  bees,  beehives,  bee fixtures or appurtenances
    24  infected with, or exposed to, contagious or infectious diseases of bees,
    25  or infested with, or exposed to, insects or parasitic organisms adverse-
    26  ly affecting bees, or with or to species or  subspecies  of  bees  which
    27  have  been determined by him to cause injury, directly or indirectly, to
    28  this state's [useful] managed bee population, crops,  or  other  plants,
    29  are  hereby  declared  to  be  nuisances  to  be  abated  as hereinafter
    30  described.
    31    5. If any inspection made by the  commissioner  or  his  or  her  duly
    32  authorized  representative discloses that any apiary, appliances, struc-
    33  tures, colonies or comb constitute a nuisance within the meaning of this
    34  section, the commissioner or his or her duly authorized  representatives
    35  may  with  the co-operation and consent of the owner or person in charge
    36  immediately proceed to abate the nuisance by destroying or treating such
    37  colonies and equipment, or he or she may order the owner  or  person  in
    38  charge  to  destroy or treat such colonies or equipment as may be deemed
    39  advisable.  In case the owner or person in charge will  not  consent  to
    40  the abatement of the nuisance by immediate destruction or treatment, the
    41  commissioner  or  his or her duly authorized representative shall notify
    42  [in writing] the owner, occupant or person in charge of the premises  in
    43  writing  that  such  nuisance  exists  and order that the same be abated
    44  within five days after a date which shall be specified  in  said  order.
    45  Such  order shall contain directions setting forth the method or methods
    46  which shall be taken to abate the nuisance and shall be served upon  the
    47  owner, occupant or person in charge of the premises either personally or
    48  by registered or certified mail.
    49    6.  If  the order directs the destruction of any bees, hives, fixtures
    50  or appurtenances and the owner thereof considers himself or  herself  to
    51  be  aggrieved  thereby, he or she may, within five days from the receipt
    52  of the order, present to the commissioner a request for a review.  Writ-
    53  ten notice of such request must be served by mail upon the commissioner.
    54  Upon  receipt  of  such notice, the commissioner shall cause an investi-
    55  gation to be made.   The request for a review  shall  act  to  stay  all
    56  proceedings  until the matter has been investigated and a final determi-
        S. 6182--A                          6

     1  nation rendered by the commissioner. During the time  specified  in  the
     2  order  and  during  any extended time permitted by reason of such review
     3  the quarantined colonies and equipment shall not be removed, molested or
     4  tampered with except by written permission of the commissioner or his or
     5  her  duly  authorized  representative. No damage shall be awarded to the
     6  owner for the loss of any apiary, bees, hives, apiary appliance, or  bee
     7  product destroyed under the provisions of this section or any regulation
     8  or order made in pursuance thereof.
     9    7.  Persons keeping bees shall keep them in hives of such construction
    10  that the frames and combs may be easily removed  without  damaging  them
    11  for  examination  of  the  brood  for the purpose of determining whether
    12  disease exists in the brood.
    13    8. No person shall expose in any place to which bees have  access  any
    14  bee  product,  hive or other apiary appliance in such manner that conta-
    15  gious or infectious diseases of bees may be disseminated therefrom.
    16    9. The commissioner may promulgate rules and regulations to  establish
    17  appropriate  tolerance levels for [insects] diseases or parasitic organ-
    18  isms adversely affecting bees  within  hives,  fixtures,  structures  or
    19  appurtenances.  Beehives  conforming  with  such  established  tolerance
    20  levels shall not be considered nuisances under  this  section.  If  upon
    21  inspection  a hive is found to exceed such tolerance levels, the commis-
    22  sioner may consider such apiary to be  a  nuisance  and  may  order  the
    23  destruction  or  treatment  of  the  apiary as set forth in subdivisions
    24  four, five and six of this section.
    25    § 175. [Transportation of bees and bee material.  1. No  person  shall
    26  transport,  move,  sell,  barter,  offer for sale or barter, deliver, or
    27  offer for transportation any colony of bees, used comb, used  beekeeping
    28  material,  or live bees unless it be within the beekeeper's own premises
    29  without a permit from the commissioner, except that colonies of bees and
    30  used beekeeping equipment which are not infected with or have  not  been
    31  exposed  to  bee  disease,  and which are not infested with and have not
    32  been exposed to insects or parasitic organisms adversely affecting bees,
    33  or to species or subspecies of bees which have been  determined  by  the
    34  commissioner  to  cause  injury, directly or indirectly, to this state's
    35  useful bee population, crops, or other plants may  be  moved  or  trans-
    36  ported without a permit provided that the commissioner has been notified
    37  in  writing of such intention not less than ten days before the bees and
    38  equipment are moved.
    39    2. No person shall transport, move, buy, sell, possess, barter,  offer
    40  for  sale or barter, deliver, or offer for transportation any species or
    41  subspecies of bees which have been determined  by  the  commissioner  to
    42  cause  injury,  directly or indirectly, to this state's useful bee popu-
    43  lation, crops, or other plants, provided, that the commissioner  may  at
    44  his discretion exempt the transportation, sale, possession, movement, or
    45  delivery  of such bees for scientific or educational purposes under such
    46  safeguards as he may deem necessary.
    47    3. Every shipment of live bees in cages or packages without comb  into
    48  this  state  from another state or foreign country, shall be accompanied
    49  by a permit issued by the commissioner, or by a certificate  of  freedom
    50  from  disease  executed  by an official of such state or foreign country
    51  recognized by the commissioner.
    52    4. Every shipment of a colony of  bees,  used  comb,  used  beekeeping
    53  equipment,  or  live  bees on comb into this state from another state or
    54  foreign country, shall be accompanied by a permit issued by the  commis-
    55  sioner  or  by  a  certificate of freedom from disease, from insects and
    56  parasitic organisms adversely affecting bees and from species or subspe-
        S. 6182--A                          7

     1  cies of bees which have been determined by  the  commissioner  to  cause
     2  injury  directly  or  indirectly, to this state's useful bee population,
     3  crops or other plants and certifying that a proper inspection  was  made
     4  not earlier than sixty days preceding the date of shipment. Such certif-
     5  icate  shall be executed by an official of such state or foreign country
     6  recognized by the commissioner. A duplicate of such certificate shall be
     7  mailed to the commissioner before any such shipment enters  this  state.
     8  Every  transportation  company upon receipt of such shipment shall imme-
     9  diately notify the commissioner thereof, giving the name and address  of
    10  the consignor and consignee.
    11    § 175-b.] Rules  and regulations.   The commissioner is hereby author-
    12  ized, after public hearing, to adopt, promulgate and  issue  such  rules
    13  and  regulations  as  he  may  deem necessary to carry out and give full
    14  force and effect to the provisions of this article, including,  but  not
    15  limited  to, the designation of species or subspecies of bees determined
    16  by him or her to cause injury, directly or  indirectly,  to  the  public
    17  safety  or  to  this  state's [useful] managed bee population, crops, or
    18  other plants.  Such rules and regulations shall be filed  and  open  for
    19  public  inspection  at  the principal office of the department and shall
    20  have the force and effect of law.
    21    [§ 175-c.] § 175-a. Review by court.  The action of  the  commissioner
    22  on  a  request for review as authorized by section one hundred [seventy-
    23  five herein] seventy-four of this article may be reviewed in the  manner
    24  provided  by  article seventy-eight of the civil practice law and rules,
    25  provided, however, that a stay shall not be granted by the  court  or  a
    26  justice  thereof  pending  final  determination  of the matter except on
    27  notice to the commissioner. The decision of the  commissioner  shall  be
    28  final unless within thirty days from the receipt of written notice ther-
    29  eof a proceeding is instituted to review the same.
    30    [§ 175-d.] § 175-b. Violations; remedies.  The commissioner may insti-
    31  tute  such  action  at  law  or in equity as may be necessary to enforce
    32  compliance with any provision of this article or of any  rule  or  regu-
    33  lation  promulgated  thereunder  and  in  addition  to  any other remedy
    34  prescribed in article three of this chapter or otherwise may  apply  for
    35  relief  by  injunction  if  necessary  to protect the public interest or
    36  abate a nuisance as defined in this article without alleging or  proving
    37  that  an  adequate remedy at law does not exist. Such application may be
    38  made to the supreme court in any district or county as provided  by  the
    39  civil  practice  act  and  the rules of practice of the court, or to the
    40  supreme court in the third judicial district.
    41    § 3. The subdivision heading and  paragraph  c  of  subdivision  9  of
    42  section  301 of the agriculture and markets law, the subdivision heading
    43  as amended by chapter 440 of the laws of 1993 and paragraph c as amended
    44  by chapter 536 of the laws of 2008, are amended to read as follows:
    45    "Gross sales [value]" means the proceeds from the sale of:
    46    c. Honey, royal jelly, bee pollen, propolis and  beeswax  produced  by
    47  bees  in  hives  located  on  [an otherwise qualified farm operation but
    48  which does not independently satisfy the gross sales  requirement]  land
    49  used  in  agricultural  production  in  conjunction  with the same or an
    50  otherwise qualified farm operation;
    51    § 4. Paragraph (e) of subdivision 2 of section 483 of the real proper-
    52  ty tax law, as amended by chapter 35 of the laws of 2016, is amended  to
    53  read as follows:
    54    (e)  structures  and  buildings used in the production of honey, royal
    55  jelly, bee pollen, propolis and beeswax including those  structures  and
    56  buildings  used  for  the storage of bees. For purposes of this section,
        S. 6182--A                          8

     1  this shall not include those structures or buildings and portions there-
     2  of used for the sale of maple syrup or sale of honey  and  beeswax.  The
     3  term "structures and buildings" shall not include silos, bulk milk tanks
     4  or coolers, or manure storage, handling and treatment facilities as such
     5  terms are used in section four hundred eighty-three-a of this title.
     6    § 5. This act shall take effect on the one hundred eightieth day after
     7  it shall have become a law.  Effective immediately, the addition, amend-
     8  ment and/or repeal of any rule or regulation necessary for the implemen-
     9  tation  of  this act on its effective date are authorized to be made and
    10  completed on or before such effective date.