2007 California Food and Agricultural Code Article 14. Apiary Inspection

CA Codes (fac:29200-29213)

29200.  The Legislature finds that in order to ensure the vitality
of the apiary industry, to protect the welfare of the people of the
State of California, as well as agricultural crops dependent upon
bees for pollination, a pest inspection program should be an integral
part of the regulatory scheme contained in this division.  The
Legislature further finds that without a continuing regular
inspection program, as further specified in this article, the
programs and requirements of law set forth in this division will be
impaired.


29201.  (a) The director, or the commissioner, or any inspector
acting under their direction, may enter if he or she determines it to
be necessary, any location where an apiary is maintained, and make
an inspection of the apiary, including ancillary buildings.  The
inspector may give prior notice of the inspection where the notice
would not interfere with the purpose of the inspection.  The right of
inspection shall occur at reasonable times, and shall not include
any dwelling.  If the inspector desires entry to any dwelling because
he or she suspects maintenance problems regarding a colony, hive,
comb, or appliance therein, the inspector, upon request, shall obtain
a warrant pursuant to the provisions of Section 1822.50 of the Civil
Code and comply with the provisions therein.  No person shall
interfere with the entry of an inspector in the official course of
his or her duty.  The inspector shall report the result of the
inspection to the beekeeper, where feasible, within five days of the
inspection.
   (b) If the inspector finds American foulbrood disease has infected
more than two hives of 99 colonies or less, or 2 percent or more of
colonies of 100 or more, he or she shall make a complete inspection
of all the hives in the apiary and the owner of the hives in the
apiary shall pay the cost of the complete inspection.  If the
inspector finds American foulbrood disease has infested less than 2
percent of colonies of 100 or more as the result of an inspection
made after the disease was brought to the inspector's attention in
writing, the commissioner may assess the costs of the inspection on
the person who brought the disease to the inspector's attention.




29202.  If, in the course of an inspection authorized by Section
29201, the inspector finds or has reason to suspect that there are
pests in the apiary, the inspector shall plainly mark the hives or
any part thereof which contain evidence of pest infestation.  The
inspector may place a band with a seal around a diseased hive.




29203.  If infestation is found in an apiary, the inspector shall
notify the owner or person in charge or possession of the apiary in
writing.  The notice shall state the nature of the pest infestation
found and the manner in which the inspector has marked the hives or
any part thereof which contain evidence of the infestation and shall
order the abatement of the infestation within a specified time.  No
person after receiving notice shall refuse or neglect to abate the
infestation within the time specified in the notice or order.
   If the inspector, in his or her judgment, believes summary
abatement is necessary, the inspector may do so, or require that
abatement be performed under his or her direct supervision.  The
inspector may also issue a hold order against the apiary, giving
notice that the apiary is held to the owner or bailee and posting a
copy of the hold order in a conspicuous place in the apiary.  No
person, who has been given notice of a hold order, shall move the
apiary or any part of the apiary or any other bee equipment from the
location unless authorized by the inspector, until the hold order is
released.



29204.  Every infested apiary is a public nuisance.  The owner or
person in charge or possession of any apiary, upon finding an
infestation to be present, or upon receiving notice an infestation
exists in the apiary, shall abate the infestation without undue
delay, pursuant to the requirements of law.



29205.  The notice may be served upon the person that has possession
or that owns the infested apiary, personally or by certified mail to
his or her last known address.  If the owner or person in charge or
possession of any apiary is not known, the notice shall be served by
posting it in a conspicuous place in the apiary.




29206.  If the infestation found in an apiary is American foulbrood,
the time specified in the notice shall not be less than 24 hours nor
more than 48 hours from the time the notice is served, except that
the inspector may extend the time limit if necessary to prevent
hardship and it can be done without undue danger of spreading the
disease.



29207.  If American foulbrood is found in an apiary, the abatement
shall be by killing the bees in the infested colonies and disposing
of the hives and their  contents, together with any other infested
comb, hives, and associated appliances which are found in the apiary,
in one of the following ways:
   (a) By delivery to a licensed wax salvage plant pursuant to this
chapter.
   (b) By burning in a manner as set forth in Section 29208, the
contents of the diseased colonies, including the bees, comb, and
associated frames, together with any other diseased combs, and
associated frames, which are found in the apiary in one of the
following ways and disinfecting by scorching the hive bodies, covers,
bottom boards, supers, and appliances associated with them:
   (1) Burning in a pit and burying the ashes not less than two feet
below the surface of the ground.
   (2) Burning in an incinerator approved by the director.  This
section does not prevent federal and state research agencies from
securing, transporting, and maintaining infested bees, comb, hives,
appliances, or colonies pursuant to Section 29074.




29208.  (a) If abatement is by burning, the person abating shall act
in accordance with applicable air pollution control district or air
quality maintenance district regulations and state and local fire
control laws.  If the regulations or laws prohibit burning
immediately, the diseased colonies shall be sealed and placed in an
enclosed structure and thereafter burned on the first date allowed by
the regulation or law.  All the activities shall be reported to the
inspector prior to burning, who may require that burning occur only
under his or her supervision.
   (b) The inspector's supervison shall be in addition to, but not in
conflict with, the applicable air pollution control district or air
quality management district regulations and fire control laws.
Burning without the knowledge of the inspector is a violation of this
section.
   (c) If abatement is by delivery to a licensed wax salvage plant,
the person abating shall provide the inspector with information as to
the date and location of delivery.
   (d) If the inspector determines that abatement by burning is
appropriate, the inspector's costs for supervising the burning shall
be borne by the beekeeper with the diseased hives.




29209.  If the owner or person in charge or possession of an apiary
in which an infestation is found to exist cannot be located after
diligent search by the inspector, or if notice has been served
pursuant to this article and the owner or person in charge or
possession of the apiary refuses or neglects to abate the infestation
within the time which is specified in the notice, the inspector
shall abate the infestation within 72 hours after expiration of the
time which is specified in the notice.  The cost of abatement shall
be paid by the owner of the apiary.



29210.  If an abatement notice as required by this article has been
served upon the owner or bailee of an apiary, the owner or bailee,
before the expiration of the time specified in the notice, may appeal
from the inspector's field determination of the infestation named in
the notice by sending a written appeal to the director with a
specimen of the infested material chosen and sealed for
transportation jointly by the owner or bailee and the inspector,
which is accompanied by a statement signed by the owner or bailee and
the inspector, attesting to the fact that such specimen was obtained
from the portion of the apiary described in the abatement notice.




29211.  In those instances when the inspector has sealed the
infested hive after making a field determination, if a beekeeper
appeals the inspector's field determination, the owner or bailee of
the apiary and the inspector shall jointly break the seal and take
the sample for appeal.  If the band is broken in the absence of the
inspector, no appeal shall be valid and the infestation shall be
abated as described in the abatement notice.



29212.  The specimen shall be subjected to a laboratory diagnosis by
the director, or at his or her direction.  The written determination
which sets forth the findings of the diagnosis is final proof of the
nature of the infestation which exists in the apiary.



29213.  The disease which is named by the director in a written
response to the appeal may be abated pursuant to this chapter.
Pending the determination of the director, the time which is
specified in the abatement notice shall be extended by the number of
hours between the forwarding of the representative specimen and the
receipt of the written determination from the director by the
inspector, and the service of a copy of the written determination
upon the owner or bailee that made the written appeal.  If the owner
or bailee cannot be found after due diligence, the extended time
shall expire when a copy of the director's determination is served by
posting it in the apiary.