STATE OF NEW YORK
________________________________________________________________________
7111
2021-2022 Regular Sessions
IN SENATE
June 1, 2021
___________
Introduced by Sen. HINCHEY -- (at request of the Department of Agricul-
ture and Markets) -- 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 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2 REPEALED.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 honey bee 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.
21 [175-d.] 175-b. Violations; remedies.
22 § 173. Apiary industry advisory committee. 1. There is hereby estab-
23 lished within the department an apiary industry advisory committee which
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09713-02-1
S. 7111 2
1 shall consist of no more than fifteen members to be appointed by the
2 commissioner based on their experience and expertise in the apiary
3 industry. Of the members so appointed, at least two members shall repre-
4 sent each of the three sectors of the apiary industry, commercial beek-
5 eepers, part-time beekeepers and hobbyist beekeepers; at least one
6 member shall represent the horticulture or vegetable industry and one
7 member shall be an officer or employee of the Cornell cooperative exten-
8 sion service or the New York state college of agriculture and life
9 sciences at Cornell university. Members shall be appointed for a term of
10 three years and may serve until their successors are chosen provided,
11 however, that of the members first appointed, five shall serve for a
12 term of one year, five shall serve for a term of two years, and five
13 shall serve for a term of three years. Members shall serve without sala-
14 ry. The commissioner or his or her designee shall be the chairperson of
15 the committee.
16 2. The duties and responsibilities of the apiary industry advisory
17 committee shall include providing advice, comments and recommendations
18 to the commissioner regarding state government plans, policies and
19 programs affecting the apiary industry and such other matters as the
20 commissioner may request in relation to this article.
21 3. The advisory committee shall meet at least once annually, at times
22 and places set by the commissioner.
23 4. The commissioner may ask other individuals to attend the commit-
24 tee's meetings or work with it as needed.
25 § 173-a. Definitions. When used in this article:
26 1. "Apiary" shall mean any location used for raising honey bees or
27 producing honey or other bee related products.
28 2. "Colony" shall mean any production unit of bees.
29 3. "Nucleus colony or nucs" shall mean a starter colony, consisting of
30 a laying queen and up to five frames of brood and bees.
31 4. "Beekeeper" shall mean any individual or entity that maintains
32 managed honey bees for profit, research, recreational, or educational
33 purposes.
34 5. "Queen" shall mean the single reproductive female in a colony of
35 honey bees.
36 6. "Brood comb" shall mean the beeswax structure of cells where the
37 queen bee lays eggs in which immature bees are reared.
38 § 173-b. Eradication of bee diseases and certain insects affecting
39 bees. The commissioner may cause inspections to be made of apiaries in
40 the state for the discovery of infectious, contagious or communicable
41 diseases and for the discovery of insects and parasitic organisms
42 adversely affecting bees, and for the discovery of species or subspecies
43 of bees which have been determined by him to cause injury, directly or
44 indirectly, to this state's [useful] managed bee population, crops, or
45 other plants. [He] The commissioner shall provide a beekeeper or such
46 beekeeper's designated agent with reasonable advance notice of any
47 inspection of an apiary. The commissioner may also cause investigations
48 to be made as to the best method for the eradication of diseases of
49 bees, insects or parasitic organisms adversely affecting bees, or for
50 the eradication of species or subspecies of bees which have been deter-
51 mined by [him] the commissioner to cause injury, directly or indirectly,
52 to this state's [useful] managed bee population, crops, or other plants
53 and [he] the commissioner may plan and execute appropriate methods for
54 such eradication.
55 The commissioner shall have access to all apiaries, structures, appli-
56 ances, buildings, vehicles, airplanes, vessels or premises where bees or
S. 7111 3
1 honey or comb used in apiaries may be[. He] and may open any hive, colo-
2 ny, package or receptacle of any kind containing or which [he] the
3 commissioner has reason to believe contains any bees, comb, bee
4 products, used beekeeping appliances, or anything else which is capable
5 of transmitting contagious or infectious diseases of bees or which is
6 capable of harboring insects or parasitic organisms adversely affecting
7 bees, or species or subspecies of bees which have been determined by
8 [him] the commissioner to cause injury, directly or indirectly, to this
9 state's [useful] managed bee population, crops, or other plants.
10 § 173-c. Cooperative honey bee health improvement program. 1. In
11 support of the duties outlined in this article, as well as the goals and
12 objectives for pollinator protection; the commissioner shall create a
13 cooperative honey bee health improvement program which will require
14 that:
15 (a) All beekeepers shall provide to the commissioner the number of
16 managed colonies; the county in which each of these colonies is located;
17 and current contact information of the individual or individuals respon-
18 sible for the care of these bees. All beekeepers shall also indicate
19 whether they intend to sell nucleus colonies. This information shall be
20 updated and provided to the commissioner on an annual basis.
21 (b) The department shall use this information to communicate the inci-
22 dence of infectious diseases and parasites at the county level to beek-
23 eepers and bee clubs and to notify beekeepers of the potential need for
24 the department to prohibit the movement or selling of diseased or
25 infested bees or require the destruction of such bees. The department
26 shall also use this information to establish the boundaries of disease
27 and parasite infestations in the area surrounding a confirmed disease or
28 parasite infestation.
29 (c) Any individual or business that intends to sell nucs or queens
30 produced within and offered for sale to other persons in New York must
31 first have an inspection of its apiaries, as authorized by section one
32 hundred seventy-three-b of this article, by the department which
33 inspections shall continue on an annual basis, so long as nucs or queens
34 are offered for sale. These inspections shall ascertain whether such
35 beekeeper's apiaries are free from American Foulbrood and whether levels
36 of other infectious diseases and parasites in the operation render the
37 nucs or queens unfit for sale. Any individual or business whose nucs or
38 queen rearing colonies are found to be infested with American Foulbrood,
39 after laboratory confirmation, shall be prohibited from selling nucs and
40 queens until the affected apiaries are reinspected and found to be free
41 from American Foulbrood. If upon re-inspection, symptoms of American
42 Foulbrood are found to persist, the prohibition from selling nucs and
43 queens shall continue, and the department shall take samples for labora-
44 tory testing for the continued presence of American Foulbrood. Should
45 the laboratory test results show the samples free from American Foul-
46 brood, the department shall promptly notify the individual or business
47 of the test results and the termination of the prohibition of the sale
48 of nucs and queens.
49 (d) No person shall knowingly transport, move, buy, sell, possess,
50 barter, offer for sale or barter, deliver, or offer for transportation
51 any species or subspecies of bees which have been determined by the
52 commissioner to cause injury, directly or indirectly, to the public
53 health or welfare or to this state's managed bee population, crops, or
54 other plants; provided, however, that the commissioner may, at his or
55 her discretion, exempt the transportation, sale, possession, movement,
S. 7111 4
1 or delivery of such bees used for scientific or educational purposes
2 under such safeguards as deemed necessary by the commissioner.
3 (e) Every shipment of live bees in cages or packages without comb into
4 this state from another state or foreign country, shall be accompanied
5 by a permit issued by the commissioner, or by a certificate of freedom
6 from disease executed by an official of such state or foreign country
7 recognized by the commissioner.
8 (f) Every shipment of a colony of bees, used brood comb, used beekeep-
9 ing equipment, or live bees on comb into this state from another state
10 or foreign country, shall be accompanied by a permit issued by the
11 commissioner or by a certificate of freedom from diseases and parasitic
12 organisms adversely affecting bees and from species or subspecies of
13 bees which have been determined by the commissioner to cause injury
14 directly or indirectly, to the public safety or to the state's managed
15 bee population, crops, or other plants; and certifying that a proper
16 inspection was made not earlier than sixty days preceding the date of
17 shipment. Such certificate shall be executed by the certifying official
18 of such state or foreign country. A duplicate of such certificate must
19 be received by the department before any such shipment enters the state.
20 Every transportation company that knowingly receives such shipment shall
21 immediately notify the commissioner thereof, giving the name and address
22 of the consignor or consignee.
23 2. The goals of the cooperative honey bee health improvement program
24 shall be to:
25 (a) document the health of the state's managed pollinator population,
26 including the presence of parasites, diseases, and environmental threats
27 to the state's population of managed pollinators;
28 (b) provide information on honey bee health to beekeepers, stakehold-
29 ers and academia to inform research and best management practices
30 related to pollinator health;
31 (c) document the annual population of managed pollinators in each
32 county within New York state; and
33 (d) collect contact information for each beekeeper to allow for better
34 communication among the department and beekeepers relating to the inci-
35 dence of parasites, disease and other health threats that could be tran-
36 smitted within the flight range of managed pollinators.
37 3. There shall be no fee or other registration cost for participation
38 in the cooperative honey bee health improvement program.
39 4. A beekeeper required to submit information to the commissioner
40 pursuant to this section may request that such information be exempted
41 from disclosure pursuant to subdivision five of section eighty-nine of
42 the public officers law.
43 § 174. Keeping of diseased and banned bees prohibited; existence of
44 disease to be reported. 1. No person shall keep in [his] such person's
45 possession or under [his] such person's care any colony of bees affected
46 with a contagious or infectious disease or infested by [insects] disease
47 or parasitic organisms adversely affecting bees, or by species or
48 subspecies of bees which have been determined by the commissioner to
49 cause injury, directly or indirectly, to the public safety or to this
50 state's [useful] managed bee population, crops, or other plants. Any
51 person who knows that any bees owned or controlled by [him are affected
52 with, or have been exposed to, any contagious or infectious disease,
53 insects or parasitic organisms adversely affecting bees, or by species
54 or subspecies of bees which have been determined by the commissioner to
55 cause injury, directly or indirectly, to this state's useful bee popu-
56 lation, crops, or other plants,] such person exceed disease or parasite
S. 7111 5
1 tolerances or are a species or subspecies of bees that have been deter-
2 mined by the commissioner to cause injury, directly or indirectly, to
3 the public health or welfare or to this state's managed bee population,
4 crops, or other plants, such tolerances and determinations to be estab-
5 lished in regulation by the commissioner, shall at once report such fact
6 to the commissioner, stating all facts known to [him] such person with
7 reference to said contagion, infection, or exposure. Information
8 regarding allowable disease and parasite tolerances and species and
9 subspecies of bees shall be made available on the department's website.
10 2. No person shall hide or conceal any bees or used beekeeping equip-
11 ment from [the inspector] department apiary inspectors or give false
12 information in any manner pertaining to this article. No person shall
13 resist, impede or hinder the commissioner or [his] the commissioner's
14 duly authorized representatives in the discharge of his or her or their
15 duties.
16 3. Whenever the commissioner or [his] the commissioner's duly author-
17 ized representatives shall determine that any colony of bees, bee mate-
18 rial, structures or appliances is infected with, or has been exposed to,
19 contagious or infectious diseases of bees, or is infested with or has
20 been exposed to insects or parasitic organisms adversely affecting bees,
21 or to species or subspecies of bees which have been determined by the
22 commissioner to cause injury, directly or indirectly, to this state's
23 [useful] managed bee population, crops, or other plants, said colonies
24 of bees and material, structures or appliances shall be immediately
25 placed under quarantine and a written notice thereof shall be served on
26 the owner or caretaker. No person shall move, tamper with, handle, or
27 otherwise disturb or molest or cause to be moved, tampered with,
28 handled, or otherwise disturbed or molested any colonies, materials, or
29 appliances so quarantined without a written permit from the commissioner
30 or [his] the commissioner's duly authorized representatives.
31 4. (a) All species and subspecies of bees which have been determined
32 by the commissioner to cause injury, directly or indirectly, to the
33 public health or welfare shall be destroyed per commissioner order.
34 (b) A beekeeper who received notification that he or she is prohibited
35 from selling nucs or queens as they have been deemed unfit for sale by
36 laboratory confirmation of American Foulbrood, may be ordered by the
37 commissioner to destroy such colonies.
38 (c) During the time specified in either such order authorized by this
39 subdivision, the quarantined colonies and equipment shall not be
40 removed, molested or tampered with except by written permission of the
41 commissioner or the commissioner's duly authorized representative. No
42 damage shall be awarded to the owner for the loss of any apiary, bees,
43 hives, apiary appliance or bee product destroyed under the provisions of
44 this section or a regulation or order made in pursuance thereof.
45 4-a. All species and subspecies of bees determined by the commissioner
46 to cause injury to this state's [useful] managed bee population, crops,
47 or other plants and all bees, beehives, bee fixtures or appurtenances
48 infected with, or exposed to, contagious or infectious diseases of bees,
49 or infested with, or exposed to, insects or parasitic organisms adverse-
50 ly affecting bees, or with or to species or subspecies of bees which
51 have been determined by [him] the commissioner to cause injury, directly
52 or indirectly, to this state's [useful] managed bee population, crops,
53 or other plants, are hereby declared to be nuisances to be abated as
54 hereinafter described.
55 5. If any inspection made by the commissioner or [his] the commission-
56 er's duly authorized representative discloses that any apiary, appli-
S. 7111 6
1 ances, structures, colonies or comb constitute a nuisance within the
2 meaning of this section, the commissioner or [his] the commissioner's
3 duly authorized representatives may with the co-operation and consent of
4 the owner or person in charge immediately proceed to abate the nuisance
5 by destroying or treating such colonies and equipment, or he or she may
6 order the owner or person in charge to destroy or treat such colonies or
7 equipment as may be deemed advisable. In case the owner or person in
8 charge will not consent to the abatement of the nuisance by immediate
9 destruction or treatment, the commissioner or [his] the commissioner's
10 duly authorized representative shall notify [in writing] the owner,
11 occupant or person in charge of the premises in writing that such
12 nuisance exists and order that the same be abated within five days after
13 a date which shall be specified in said order. Such order shall also
14 contain directions setting forth the method or methods which shall be
15 taken to abate the nuisance and shall be served upon the owner, occupant
16 or person in charge of the premises either personally or by registered
17 or certified mail.
18 6. [If the] Any person believed to have violated any provision of this
19 article shall receive written notice of such alleged violation and an
20 opportunity to be heard to dispute such alleged violation. A beekeeper
21 who receives an order that directs the destruction or treatment of any
22 bees, hives, fixtures or appurtenances [and the owner thereof considers
23 himself to be aggrieved thereby, he] deemed a nuisance or notification
24 that such beekeeper is prohibited from selling nucs and queens pursuant
25 to paragraph (c) of subdivision one of section one hundred seventy-
26 three-c of this article may, within five days from the receipt of the
27 order[, present to the commissioner a request for a review. Written
28 notice of such request must be served by mail upon the commissioner] or
29 notification, request a hearing thereon. The order or notification
30 shall advise the beekeeper of the right to such hearing, the procedure
31 to be followed and the manner in which the request may be made to the
32 commissioner. Upon receipt of such [notice] request, the commissioner
33 shall [cause an investigation to be made] give the beekeeper ten days'
34 notice in writing of a hearing for the beekeeper to show cause why the
35 destruction, treatment or prohibition on selling by the order or notifi-
36 cation is not appropriate. The hearing shall be held on the record. The
37 request for a [review] hearing shall act to stay all proceedings until
38 [the matter has been investigated and] a final determination rendered by
39 the commissioner. During the time specified in the order and during any
40 extended time [permitted by reason of such review], pending such final
41 determination, the quarantined colonies and equipment shall not be
42 removed, molested or tampered with except by written permission of the
43 commissioner or [his] the commissioner's duly authorized representative.
44 No damage shall be awarded to the owner for the loss of any apiary,
45 bees, hives, apiary appliance, or bee product destroyed under the
46 provisions of this section or any regulation or order made in pursuance
47 thereof.
48 7. Persons keeping bees shall keep them in hives of such construction
49 that the frames and combs may be easily removed without damaging them
50 for examination of the brood for the purpose of determining whether
51 disease exists in the brood.
52 8. No person shall knowingly expose in any place to which bees have
53 access any bee product, hive or other apiary appliance in such manner
54 that contagious or infectious diseases of bees may be disseminated ther-
55 efrom.
S. 7111 7
1 9. The commissioner may promulgate rules and regulations to establish
2 appropriate tolerance levels for [insects] diseases or parasitic organ-
3 isms adversely affecting bees within hives, fixtures, structures or
4 appurtenances. Beehives conforming with such established tolerance
5 levels shall not be considered nuisances under this section. If upon
6 inspection a hive is found to exceed such tolerance levels, the commis-
7 sioner may consider such apiary to be a nuisance and may order the
8 destruction or treatment of the apiary as set forth in subdivisions
9 four, four-a, five and six of this section.
10 § 175. [Transportation of bees and bee material. 1. No person shall
11 transport, move, sell, barter, offer for sale or barter, deliver, or
12 offer for transportation any colony of bees, used comb, used beekeeping
13 material, or live bees unless it be within the beekeeper's own premises
14 without a permit from the commissioner, except that colonies of bees and
15 used beekeeping equipment which are not infected with or have not been
16 exposed to bee disease, and which are not infested with and have not
17 been exposed to insects or parasitic organisms adversely affecting bees,
18 or to species or subspecies of bees which have been determined by the
19 commissioner to cause injury, directly or indirectly, to this state's
20 useful bee population, crops, or other plants may be moved or trans-
21 ported without a permit provided that the commissioner has been notified
22 in writing of such intention not less than ten days before the bees and
23 equipment are moved.
24 2. No person shall transport, move, buy, sell, possess, barter, offer
25 for sale or barter, deliver, or offer for transportation any species or
26 subspecies of bees which have been determined by the commissioner to
27 cause injury, directly or indirectly, to this state's useful bee popu-
28 lation, crops, or other plants, provided, that the commissioner may at
29 his discretion exempt the transportation, sale, possession, movement, or
30 delivery of such bees for scientific or educational purposes under such
31 safeguards as he may deem necessary.
32 3. Every shipment of live bees in cages or packages without comb into
33 this state from another state or foreign country, shall be accompanied
34 by a permit issued by the commissioner, or by a certificate of freedom
35 from disease executed by an official of such state or foreign country
36 recognized by the commissioner.
37 4. Every shipment of a colony of bees, used comb, used beekeeping
38 equipment, or live bees on comb into this state from another state or
39 foreign country, shall be accompanied by a permit issued by the commis-
40 sioner or by a certificate of freedom from disease, from insects and
41 parasitic organisms adversely affecting bees and from species or subspe-
42 cies of bees which have been determined by the commissioner to cause
43 injury directly or indirectly, to this state's useful bee population,
44 crops or other plants and certifying that a proper inspection was made
45 not earlier than sixty days preceding the date of shipment. Such certif-
46 icate shall be executed by an official of such state or foreign country
47 recognized by the commissioner. A duplicate of such certificate shall be
48 mailed to the commissioner before any such shipment enters this state.
49 Every transportation company upon receipt of such shipment shall imme-
50 diately notify the commissioner thereof, giving the name and address of
51 the consignor and consignee.
52 § 175-b.] Rules and regulations. The commissioner is hereby author-
53 ized, after public hearing, to adopt, promulgate and issue such rules
54 and regulations as [he] the commissioner may deem necessary to carry out
55 and give full force and effect to the provisions of this article,
56 including, but not limited to, the designation of species or subspecies
S. 7111 8
1 of bees determined by him or her to cause injury, directly or indirect-
2 ly, to the public safety or to this state's [useful] managed bee popu-
3 lation, crops, or other plants. Such rules and regulations shall be
4 filed and open for public inspection at the principal office of the
5 department and shall have the force and effect of law.
6 [§ 175-c.] § 175-a. Review by court. The [action] final determination
7 of the commissioner on a [request for review] hearing as authorized by
8 subdivision six of section one hundred [seventy-five herein] seventy-
9 four of this article may be reviewed in the manner provided by article
10 seventy-eight of the civil practice law and rules, provided, however,
11 that a stay shall not be granted by the court or a justice thereof pend-
12 ing final determination of the matter except on notice to the commis-
13 sioner. The [decision] determination of the commissioner after the
14 opportunity for a hearing and any hearing shall be final unless within
15 thirty days from the receipt of written notice thereof a proceeding is
16 instituted to review the same.
17 [§ 175-d.] § 175-b. Violations; remedies. The commissioner may insti-
18 tute such action at law or in equity as may be necessary to enforce
19 compliance with any provision of this article or of any rule or regu-
20 lation promulgated thereunder and in addition to any other remedy
21 prescribed in article three of this chapter or otherwise may apply for
22 relief by injunction if necessary to protect the public interest or
23 abate a nuisance as defined in this article without alleging or proving
24 that an adequate remedy at law does not exist. Such application may be
25 made to the supreme court in any district or county as provided [by the
26 civil practice act] civil practice law and rules and the rules of prac-
27 tice of the court, or to the supreme court in the third judicial
28 district.
29 § 3. The subdivision heading and paragraph c of subdivision 9 of
30 section 301 of the agriculture and markets law, the subdivision heading
31 as amended by chapter 440 of the laws of 1993 and paragraph c as amended
32 by chapter 536 of the laws of 2008, are amended to read as follows:
33 "Gross sales [value]" means the proceeds from the sale of:
34 c. Honey, royal jelly, bee pollen, propolis and beeswax produced by
35 bees in hives located on [an otherwise qualified farm operation but
36 which does not independently satisfy the gross sales requirement] land
37 used in agricultural production in conjunction with the same or an
38 otherwise qualified farm operation;
39 § 4. Paragraph (e) of subdivision 2 of section 483 of the real proper-
40 ty tax law, as amended by chapter 35 of the laws of 2016, is amended to
41 read as follows:
42 (e) structures and buildings used in the production of honey, royal
43 jelly, bee pollen, propolis and beeswax including those structures and
44 buildings used for the storage of bees. For purposes of this section,
45 this shall not include those structures or buildings and portions there-
46 of used for the sale of maple syrup or sale of honey and beeswax. The
47 term "structures and buildings" shall not include silos, bulk milk tanks
48 or coolers, or manure storage, handling and treatment facilities as such
49 terms are used in section four hundred eighty-three-a of this title.
50 § 5. This act shall take effect on the one hundred eightieth day after
51 it shall have become a law. Effective immediately, the addition, amend-
52 ment and/or repeal of any rule or regulation necessary for the implemen-
53 tation of this act on its effective date are authorized to be made and
54 completed on or before such effective date.