2017 Delaware Code
Title 3 - Agriculture
CHAPTER 75. BEE KEEPING
§ 7503. Inspection; quarantine; destruction of bees; appeal.

For the enforcement of this chapter, the Department of Agriculture, the State Apiarist and the state bee inspectors may enter upon any public or private premises, and shall have access, ingress and egress to and from all apiaries or places where bees, bee equipment and appliances are kept, for the purpose of ascertaining whether any disease, mite or Africanized honeybee exists therein. If any disease, mite or Africanized honeybee exists in such apiaries, the State Apiarist or the bee inspector, subject to the approval of the Department of Agriculture, shall declare such apiaries to be each the center of a quarantine zone in the form of a circle 3 miles in radius, and shall prescribe suitable measures to be carried out for the eradication and control of the disease, mite or Africanized honeybee. Whenever the owners of such apiaries fail or refuse to take such steps as may be prescribed by the State Apiarist or the bee inspector to eradicate any disease, mite or Africanized honeybee from such apiaries, the State Apiarist may cause the diseased bees, together with any infested or infected bee equipment or appliances, to be destroyed in such manner as may be deemed best, after first giving to the owner 5 days' notice thereof in writing and an opportunity to be heard, and shall take such further steps as he may deem necessary to prevent the spread of the disease, mite or Africanized honeybee. Any owner may, within 5 days of receipt of such notice, appeal from the decision of the State Apiarist to the Superior Court for the county in which such apiary, bee equipment or appliances are located, by filing therein a petition setting forth the facts and making the State Apiarist a party defendant. Appeals shall be heard and determined by the court as expeditiously as possible.

46 Del. Laws, c. 111, § 3; 3 Del. C. 1953, § 7503; 57 Del. Laws, c. 764, § 26; 65 Del. Laws, c. 366, § 3.;