2005 Nevada Revised Statutes - Chapter 552 — Bees and Apiaries

CHAPTER 552 - BEES AND APIARIES

NRS 552.085 Definitions.

NRS 552.0851 Apiarydefined.

NRS 552.0852 Appliancedefined.

NRS 552.0853 Beesdefined.

NRS 552.0854 Colonydefined.

NRS 552.0855 Colonystrength defined.

NRS 552.08555 Departmentdefined.

NRS 552.08575 Directordefined.

NRS 552.0858 Diseasedefined.

NRS 552.086 Hivedefined.

NRS 552.0861 Inspectordefined.

NRS 552.0862 Locationdefined.

NRS 552.090 Controlof apiary industry: Authority of Department; adoption of regulations;imposition and deposit of civil penalties.

NRS 552.160 Inspectionof apiaries; order for destruction or treatment; quarantine; abatement ofcertain nuisances.

NRS 552.170 Prosecutionand abatement of nuisance on failure to comply with order for destruction ortreatment.

NRS 552.180 Rightof access of inspectors.

NRS 552.190 Dutiesof inspectors after inspections.

NRS 552.205 Colonystrength: Establishment of standards; inspectors; certification; fees.

NRS 552.212 Importationof queens or other bees in screened cages without comb: Certificate ofinspection; holding and destruction of bees.

NRS 552.215 Feesfor inspections.

NRS 552.230 Beesto be kept in movable frame hives.

NRS 552.240 Concealmentof disease or exposure of bees to disease unlawful.

NRS 552.250 Regulationof neglected or abandoned used hives or appliances.

NRS 552.255 Publicnuisances: Declaration; abatement.

NRS 552.260 Extractionof honey.

NRS 552.280 Removalof diseased bees without permit unlawful.

NRS 552.290 Chaptersupplemental to state law governing quarantines.

NRS 552.300 Prosecutionof violations.

NRS 552.310 Penalty.

_________

NRS 552.085 Definitions. As used in this chapter, unless the context otherwiserequires, the words and terms defined in NRS552.0851 to 552.0862, inclusive,have the meanings ascribed to them in those sections.

(Added to NRS by 1959, 252, 253; A 1977, 911; 1985,524; 1987, 564; 1993, 1704; 1999, 1387, 3635; 2001, 89)

NRS 552.0851 Apiarydefined. Apiary means any hive or otherplace where bees are kept, located or found, and all appliances used inconnection therewith.

(Added to NRS by 1987, 564)

NRS 552.0852 Appliancedefined. Appliance means any implement ordevice used in manipulating bees or their brood, including honey-extractingequipment, and any container thereof.

(Added to NRS by 1987, 564)

NRS 552.0853 Beesdefined. Bees means honey-producing insectsof the genus Apis, and includes adults, eggs, larvae, pupae, and allmaterial, excluding honey and rendered beeswax, that is deposited into beehivesby the adults.

(Added to NRS by 1987, 564)

NRS 552.0854 Colonydefined. Colony means the bees, comb andhoney contained in the hive.

(Added to NRS by 1987, 564)

NRS 552.0855 Colonystrength defined. Colony strength means thepotential of a hive of bees to pollinize horticultural or agricultural crops.

(Added to NRS by 1987, 564)

NRS 552.08555 Departmentdefined. Department means the StateDepartment of Agriculture.

(Added to NRS by 1999, 3634)

NRS 552.08575 Directordefined. Director means the Director of theDepartment.

(Added to NRS by 1999, 3634)

NRS 552.0858 Diseasedefined. Disease means any conditionadversely affecting bees, or their brood, which may become epidemic, including,without limitation, bacteria, viruses or invertebrate pests and the presence ofundesirable genetic characteristics including those associated with Apismellifera scutellata or hybrids of this subspecies.

(Added to NRS by 1987, 564; A 1999, 1387)

NRS 552.086 Hivedefined. Hive means any receptacle orcontainer made or prepared for the use of bees.

(Added to NRS by 1987, 564)

NRS 552.0861 Inspectordefined. Inspector means any person authorizedby the Department to enforce the provisions of this chapter.

(Added to NRS by 1987, 564; A 1993, 1704; 1999, 3635)

NRS 552.0862 Locationdefined. Location means any place where anapiary is located.

(Added to NRS by 1987, 564)

NRS 552.090 Controlof apiary industry: Authority of Department; adoption of regulations;imposition and deposit of civil penalties.

1. The Department has control of all matterspertaining to the apiary industry.

2. The Director may adopt such regulations as arenecessary to carry out the provisions of this chapter.

3. The Director may, after notice and an opportunityfor a hearing, impose a civil penalty of not more than $500 for each violationof this chapter.

4. Any civil penalty collected pursuant to thissection must be deposited in the State General Fund.

[Part 3:225:1921; NCL 462](NRS A 1959, 253; 1961,513; 1987, 565; 1993, 1704; 1999, 3635)

NRS 552.160 Inspectionof apiaries; order for destruction or treatment; quarantine; abatement ofcertain nuisances.

1. The Department may order the inspection of any orall apiaries and all buildings used in connection with those apiaries in anydistrict or districts of the State annually, or more often if deemed necessary,or upon report to it that there is a reason to believe that any apiary may beinfected with any disease, or that any honey, honeycombs or beeswax is exposedto robber bees.

2. If the inspection discloses any disease, theDepartment may:

(a) Order the owner or any person in possession of theapiary to destroy the diseased bees, hives and appliances in a mannerprescribed by the Department and at the expense of the owner;

(b) Order the owner or any person in possession of theapiary to treat the hives and appliances in a manner prescribed by theDepartment and at the expense of the owner if, in the opinion of the inspector,the nuisance can be abated by treatment rather than destruction; or

(c) Proclaim a quarantine in accordance with theprovisions of chapter 554 of NRS.

3. The order for destruction or treatment must requirecompliance within a reasonable time with reference to the nature of thedisease.

4. If the inspection discloses honey, honeycombs orbeeswax exposed to robber bees, the Department may order the abatement of thenuisance in a manner appropriate to the circumstances.

5. The order must be served upon the owner or personin possession of the apiary personally or by registered or certified mail, or,if that person cannot be located, by posting the order in a conspicuous placeat the apiary.

[11:225:1921; NCL 470](NRS A 1959, 255; 1969, 95;1987, 566; 1993, 1705; 1999,1387, 3635; 2001, 89)

NRS 552.170 Prosecutionand abatement of nuisance on failure to comply with order for destruction ortreatment. If the owner or person inpossession of an apiary neglects or refuses to comply with an order issuedunder NRS 552.160, the Department mayrefer the facts to the appropriate district attorney for prosecution under NRS 552.300, and may authorize theinspector or other agent to abate the nuisance by the method prescribed in theorder.

[12:225:1921; NCL 471](NRS A 1959, 256; 1993,1706; 1999, 3636)

NRS 552.180 Rightof access of inspectors. For the enforcementof the provisions of this chapter, inspectors shall have access to allapiaries, appliances, structures and premises where bees or their products arekept.

[Part 13:225:1921; NCL 472](NRS A 1961, 514)

NRS 552.190 Dutiesof inspectors after inspections. Afterinspecting infected hives or fixtures, or handling diseased bees, the inspectorshall, before leaving the premises or proceeding to any other apiary:

1. Thoroughly disinfect any portion of his own personand clothing, and any tools or appliances used by him which have come incontact with disease-infected material; and

2. See that any other assistant or assistants with himhave likewise disinfected their persons and clothing and all tools andappliances used by them.

[Part 13:225:1921; NCL 472](NRS A 1961, 514)

NRS 552.205 Colonystrength: Establishment of standards; inspectors; certification; fees. The Department may, if the demand for pollination serviceis found by the Department to warrant such action:

1. Establish standards of colony strength based upon:

(a) The number of bees per hive;

(b) The number of cells containing brood per hive;

(c) The health of the bees and brood; and

(d) Any other factors which reasonably relate to theability of the colony to pollinize horticultural and agricultural crops.

2. Appoint qualified inspectors to determine colonystrength.

3. Certify hives of bees used in commercialpollinization on the basis of colony strength.

4. Establish reasonable fees to cover the cost ofcolony strength inspection and certification.

(Added to NRS by 1959, 253; A 1993, 1706; 1999, 3637)

NRS 552.212 Importationof queens or other bees in screened cages without comb: Certificate ofinspection; holding and destruction of bees.

1. A person shall not ship or transport into thisState any queens or other bees in screened cages without comb unless theshipment is accompanied by a certificate of an authorized officer of the stateof origin certifying that all bees intended for shipment:

(a) Were inspected within 60 days before the date ofshipment; and

(b) Were found to be free from disease and pests.

2. The Department may hold a shipment which is notaccompanied by the certificate of inspection and notify the person who owns orcontrols the bees that they will be destroyed after 48 hours after the time ofthe notice unless a proper certificate of inspection is supplied. If thecertificate is not supplied within that time, the bees may be destroyed.

(Added to NRS by 1981, 437; A 1985, 346; 1987, 569;1993, 1708; 1999,1388, 3639; 2001, 89)

NRS 552.215 Feesfor inspections. If an inspection is requestedby any person to determine the presence of disease or colony strength, theperson who requests the inspection shall pay a reasonable fee as prescribed bythe Department to pay the expenses of the inspection.

(Added to NRS by 1959, 253; A 1973, 284; 1993, 1709; 1999, 1388, 3639; 2001, 89)

NRS 552.230 Beesto be kept in movable frame hives.

1. It shall be unlawful for any person to have in hispossession any bees kept in other than movable frame hives.

2. If any such bees are found by an inspector, heshall serve written notice in person or by registered or certified mail on theowner or owners, caretaker, or person in charge of the same, ordering him tocorrect the condition within a specified time of not less than 3 days.

3. If the owner or owners, caretaker, or person incharge shall neglect, fail or refuse to correct the condition by providingaccessible movable frame hives within the time specified in the written notice,the bees, hives and combs shall be condemned and destroyed by the inspector,without compensation.

[Part 17:225:1921; A 1955, 349](NRS A 1969, 95)

NRS 552.240 Concealmentof disease or exposure of bees to disease unlawful. Itshall be unlawful for any person to conceal the fact that any disease existsamong his bees or to expose to bees any infected bees, bee products, hives orappliances.

[Part 17:225:1921; A 1955, 349]

NRS 552.250 Regulationof neglected or abandoned used hives or appliances. Neglectedor abandoned used hives or appliances containing beeswax or bee comb, unlesskept in an enclosure so constructed as to prevent access by bees, are herebydeclared to be public nuisances, and it shall be unlawful to maintain them. Anysuch neglected or abandoned hives or appliances shall be subject to seizure anddestruction by an inspector, without compensation.

[Part 17:225:1921; A 1955, 349]

NRS 552.255 Publicnuisances: Declaration; abatement. Thefollowing may be declared to be public nuisances and are subject to abatementunder the provisions of this chapter:

1. Diseased bees and any apiary in which they arefound.

2. Honey, honeycombs and beeswax containing honeywhich are exposed to robber bees.

(Added to NRS by 1959, 253; A 1999, 1388)

NRS 552.260 Extractionof honey.

1. Any and all extracting of honey shall be done in aplace to which bees cannot gain access either during or after such extractingprocess.

2. Any inspector shall prohibit or stop the extractionof honey in any place to which bees have access until such place is madebee-tight.

[Part 17:225:1921; A 1955, 349]

NRS 552.280 Removalof diseased bees without permit unlawful. Itshall be unlawful for the owner, owners, lessee, lessees, agent or caretaker ofany apiary, including appliances, structures, buildings and honey, whereindisease exists, to move or distribute any diseased bees, whether they arequeens or workers, colonies, honeycombs, appliances or structures beyond thealready established boundaries of such apiary wherein disease exists withoutwritten permission from the Chief Inspector or his deputies so to do.

[19:225:1921; A 1925, 38; NCL 478]

NRS 552.290 Chaptersupplemental to state law governing quarantines. Exceptas provided in this chapter, nothing in this chapter shall be construed as inany way affecting the provisions of chapter 554of NRS, but this chapter shall be considered as supplementary to chapter 554 of NRS.

[22:225:1921; NCL 481]

NRS 552.300 Prosecutionof violations.

1. Upon presentation of satisfactory evidence by theState Quarantine Officer, the Chief Inspector or any deputy inspector of theviolation of any of the provisions of this chapter, any district attorneyshall, without delay, prosecute the person who has violated any of theprovisions of this chapter.

2. The Department may employ counsel to assist in theprosecution of any person charged with the violation of any of the provisionsof this chapter and compensate the counsel so employed from the plant industryprogram.

[21:225:1921; NCL 480](NRS A 1959, 258; 1991,1789; 1993, 1709; 1999,3639; 2001, 2154)

NRS 552.310 Penalty. Any person violating any of the provisions of this chaptershall be guilty of a misdemeanor.

[20:225:1921; A 1925, 38; NCL 479](NRS A 1957,182; 1961, 515)

 

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