2010 Wyoming Statutes
Title 11 - Agriculture, Livestock And Other Animals
Chapter 7 - Apiary Registration And Inspection

CHAPTER 7 - APIARY REGISTRATION AND INSPECTION

 

ARTICLE 1 - GENERAL PROVISIONS

 

11-7-101. Repealed by Laws 1979, ch. 64, 2.

 

11-7-102. Repealed by Laws 1979, ch. 64, 2.

 

11-7-103. Repealed by Laws 1979, ch. 64, 2.

 

11-7-104. Repealed by Laws 1979, ch. 64, 2.

 

11-7-105. Repealed by Laws 1979, ch. 64, 2.

 

11-7-106. Repealed by Laws 1979, ch. 64, 2.

 

11-7-107. Repealed by Laws 1979, ch. 64, 2.

 

11-7-108. Repealed by Laws 1979, ch. 64, 2.

 

11-7-109. Repealed by Laws 1979, ch. 64, 2.

 

11-7-110. Repealed by Laws 1979, ch. 64, 2.

 

11-7-111. Repealed by Laws 1979, ch. 64, 2.

 

11-7-112. Repealed by Laws 1979, ch. 64, 2.

 

11-7-113. Repealed by Laws 1979, ch. 64, 2.

 

11-7-114. Repealed by Laws 1979, ch. 64, 2.

 

11-7-115. Repealed by Laws 1979, ch. 64, 2.

 

11-7-116. Repealed by Laws 1979, ch. 64, 2.

 

11-7-117. Repealed by Laws 1979, ch. 64, 2.

 

11-7-118. Repealed by Laws 1983, ch. 7, 2.

 

11-7-119. Repealed by Laws 1983, ch. 7, 2.

 

11-7-120. Repealed by Laws 1983, ch. 7, 2.

 

11-7-121. Repealed by Laws 1983, ch. 7, 2.

 

11-7-122. Repealed by Laws 1983, ch. 7, 2.

 

11-7-123. Repealed by Laws 1983, ch. 7, 2.

 

11-7-124. Repealed by Laws 1983, ch. 7, 2.

 

11-7-125. Repealed by Laws 1983, ch. 7, 2.

 

11-7-126. Repealed by Laws 1983, ch. 7, 2.

 

11-7-127. Repealed by Laws 1983, ch. 7, 2.

 

11-7-128. Repealed by Laws 1983, ch. 7, 2.

 

11-7-129. Repealed by Laws 1983, ch. 7, 2.

 

11-7-130. Short title.

 

This chapter may be cited as the "Wyoming Apiculture Act".

 

11-7-131. Definitions.

 

(a) As used in this chapter:

 

(i) "Apiary" means a place where one (1) or more colonies of bees or one (1) or more hives containing honeycombs or bee combs are kept;

 

(ii) "Bee diseases" means American or European foulbrood, sacbrood, bee paralysis or other disease or abnormal condition of the egg, larval, pupal or adult stages of bees, including bee parasites and bee pests;

 

(iii) "Bees" means any stage of the life cycle in the genus Apis;

 

(iv) "Colony" means the bees, hive and all equipment used in connection with the hive;

 

(v) "Comb" means the brood chamber used by the queen for the protection of brood;

 

(vi) "Department" means the department of agriculture;

 

(vii) "Equipment" means hives, supers, frames, veils, gloves or any apparatus, tools, machines or other devices used in the handling and manipulation of bees, honey, wax and hives and includes any container of honey and wax which may be used in an apiary or in transporting bees and their products and apiary supplies;

 

(viii) "Family unit" means two (2) or more persons living together or residing in the same dwelling, house or other place of residence;

 

(ix) "General apiary" means any apiary other than a pollination apiary, landowner apiary or hobbyist apiary;

 

(x) "Hive" means a frame hive, box hive, box, barrel, log gun, skep or other receptacle or container or a part of a container, natural or artificial, which may be used as a domicile for bees;

 

(xi) "Hobbyist apiary" means an apiary owned by a hobbyist beekeeper;

 

(xii) "Hobbyist beekeeper" means a person who owns a total of not more than five (5) hives;

 

(xiii) "Landowner" means the person who has the actual use and exclusive possession of the land upon which a landowner apiary is to be registered, except that a person leasing or renting land for the primary purpose of locating or establishing an apiary thereon is not considered a landowner;

 

(xiv) "Landowner apiary" means an apiary owned by a landowner as defined in this section;

 

(xv) "Person" means any individual, association, partnership or corporation;

 

(xvi) "Pollination apiary" means an apiary operated for pollination of commercial seed, fruit or other commercial agricultural product as provided in W.S. 11-7-203;

 

(xvii) "Queen apiary" means an apiary or premises in which queen bees are reared or kept for sale or gift;

 

(xviii) "Bee parasites" means mites, including but not limited to varroa mites and tracheal mites;

 

(xix) "Bee pests" means insects, including but not limited to small hive beetles and red imported fire ants;

 

(xx) "General beekeeper" means a person who owns more than five (5) hives and manages and operates the bees and the hives;

 

(xxi) "Global positioning system or GPS" means a device that provides accuracy in positioning using latitude and longitude coordinates;

 

(xxii) "Holding yard" means an area where colonies are temporarily placed prior to leaving the state or returning from pollination in another state;

 

(xxiii) "Spray yard" means a temporary location where colonies are moved prior to any pesticide application in the area of the beekeeper's registered location.

 

11-7-132. Disposition of fees.

 

Registration and inspection fees collected under this chapter shall be transmitted by the department to the state treasurer for deposit in the general fund.

 

11-7-133. Penalties.

 

Any person who violates any provision of this chapter is guilty of a misdemeanor and upon conviction shall be fined not more than five hundred dollars ($500.00) or imprisoned in the county jail for not more than six (6) months, or both. Each day the violation continues constitutes a separate offense.

 

ARTICLE 2 - REGISTRATION

 

11-7-201. Apiary registration; procedure; information; conditions; penalties.

 

(a) Any person who owns or possesses any class of apiary in this state shall register that apiary with the department before April 1 of each year.

 

(b) Application for registration shall be made to the department on forms it prescribes and furnishes and shall include:

 

(i) The applicant's name and address;

 

(ii) The total number of colonies of bees the beekeeper owns;

 

(iii) The location of the apiary, setting forth specifically the location by sectional division to the nearest quarter section, the township and range and the latitude and longitude coordinates, or if within the corporate limits of a municipality, the number of the lot and block in the municipality including street address and the latitude and longitude coordinates determined using GPS. All new registrations shall include latitude and longitude coordinates. Effective July 1, 2012, latitude and longitude coordinates shall be required for all apiary registrations;

 

(iv) The name of the owner, renter or occupant of the land on which the apiary is located and, if the application is for an apiary being registered for the first time, it shall also show that the owner, renter or occupant of the land has consented to the apiary being located on his land;

 

(v) The date the apiary was first established which shall be included for each location on yearly apiary renewal applications; and

 

(vi) The class of apiary registration for which application is being made.

 

(c) Upon receipt of the application and payment of the fees, the department may issue a certificate of registration for an apiary, setting forth:

 

(i) The name of the owner;

 

(ii) The specific location of the apiary; and

 

(iii) The class of apiary authorized.

 

(d) In issuing certificates of registration for apiaries, if there is a conflict between applicants with respect to location, the department shall give preference to the applicant having the oldest, continuous apiary registration.

 

(e) Certificates of registration shall not be issued for new apiaries which are within such close proximity to established registered apiaries that there is danger of spread of bee diseases, bee parasites or bee pests or that the proximity may interfere with the proper feeding and honey flow of established apiaries.

 

(f) Each apiary registrant shall post in a conspicuous location at or near each apiary he owns legible evidence of registration, including his name and telephone number.

 

(g) The department shall notify each registrant of his delinquency, if that registrant fails to reregister by April 1 of each year. The notification shall be by certified mail and is sufficient if deposited in a United States post office or mail box at least ten (10) days before May 1 and addressed to the registrant at his last address appearing in the department's apiary registration files. Any apiary registration which has not been received by May 1 of each year is forfeited and all rights under the registration terminate.

 

(h) Any person who owns or possesses any bees, hives, colonies or beekeeping equipment in this state or who owns or possesses an apiary in this state and who fails or refuses to register that apiary as provided in this chapter is guilty of a misdemeanor and upon conviction thereof is subject to the penalties set forth in W.S. 11-7-133.

 

(j) Repealed By Laws 2010, Ch. 14, 3.

 

11-7-202. General apiary registrations.

 

(a) In order to control, limit and prevent the spread of bee diseases, bee parasites or bee pests among bees, hives and apiaries and to control, limit and prevent interference with proper feeding and honey flow of established apiaries, general apiaries registered to different persons shall be located at least two (2) miles apart, except as otherwise provided in this article. The department shall not register or issue a certificate of registration for any general apiary that is located less than two (2) miles from a general apiary registered to another person, except as otherwise provided in this section.

 

(b) Any person may register a general apiary that is situated less than two (2) miles from another general apiary he has registered, if the location of the general apiary being applied for is at least two (2) miles from general apiaries registered to other persons.

 

(c) A general apiary may be registered even though it is less than two (2) miles from any registered pollination apiary, landowner apiary or hobbyist apiary.

 

(d) A person with an existing apiary that is located less than two (2) miles from an existing general apiary registered to another person may register his apiary as a general apiary under the following conditions:

 

(i) His apiary is established and registered with the department as a general apiary under the department's rules in effect prior to December 31, 2009; and

 

(ii) The registration of his apiary has not been forfeited or abandoned.

 

11-7-203. Pollination apiary registrations.

 

 

(a) The department may grant pollination apiary registrations to commercial seed and fruit producers or other commercial agricultural producers under the following conditions:

 

(i) The applicant must own, lease or rent the land upon which the pollination apiary is to be located and the applicant must use the land for the purpose of growing a commercial seed, fruit or other crop which is dependent upon bees or other insects for pollination;

 

(ii) The applicant does not own the bees or the hives which are to be placed upon the pollination apiary;

 

(iii) The only purpose of the apiary is to pollinate a commercial agricultural crop;

 

(iv) The applicant shall provide the department with all pertinent information necessary to determine if pollination apiaries are needed to pollinate the applicant's crop adequately;

 

(v) The department may refuse to register a pollination apiary based upon its own investigation of the matter, but if the department approves the application, it shall specify the number of hives and location of pollination apiaries needed for the purpose of pollinating the applicant's commercial agricultural crop adequately; and

 

(vi) A copy of the pollination contract between the seedgrower and beekeeper shall be sent to the department.

 

(b) A pollination apiary registration is valid only for the time period the department specifies, and all pollination apiaries shall be removed within two (2) weeks after the end of the bloom period of the crop to be pollinated.

 

(c) No certificate of registration of a pollination apiary may be leased, assigned or transferred and no person other than the pollination apiary registrant may exercise in any way any rights or privileges authorized by the certificate of registration.

 

11-7-204. Landowner apiary registrations.

 

 

(a) The department may grant landowner apiary registrations under the following conditions:

 

(i) The applicant shall be a landowner, as defined in W.S. 11-7-131(a)(xiii) and shall own the land upon which the apiary will be located;

 

(ii) The applicant shall own the bees and the hives that will be placed on the apiary; and

 

(iii) The applicant shall personally manage and operate the bees and the hives.

 

(b) No certificate of registration of a landowner apiary shall be leased, assigned or transferred and no person other than the landowner apiary registrant shall exercise in any way any rights or privileges authorized by the certificate of registration.

 

11-7-205. Hobbyist apiary registrations.

 

(a) The department may grant hobbyist apiary registrations to hobbyist beekeepers under the following conditions:

 

(i) The applicant shall not own a total of more than five (5) hives, and all of the hives must be placed on the hobbyist apiary;

 

(ii) The applicant shall own the bees and the hives and shall personally manage and operate the bees and the hives;

 

(iii) Only one (1) hobbyist registration is allowed an applicant and only two (2) hobbyist apiary registrations are allowed a family unit; and

 

(iv) If the department determines that too many hobbyist apiaries are being registered within too close proximity of each other or of other established apiaries so that there is danger of the spread of bee diseases, bee parasites or bee pests among bees or apiaries or that there will be interference with the proper feeding and honey flow of established apiaries, the department may refuse to grant any further hobbyist registrations in the locality and area of the danger.

 

(b) No certificate of registration of a hobbyist apiary may be leased, assigned or transferred, and no person other than the hobbyist apiary registrant may exercise in any way any rights or privileges authorized by the certificate of registration.

 

11-7-206. Restrictions on apiary locations.

 

Pollination apiaries, landowner apiaries and hobbyist apiaries may be located less than two (2) miles from pollination apiaries, landowner apiaries, hobbyist apiaries and general apiaries registered to other persons. General apiaries may be located within two (2) miles of one another only under the provisions of W.S. 11-7-202.

 

11-7-207. Changing locations; enlarging or selling apiaries.

 

 

(a) No owner of an established registered apiary shall change the location of the apiary without first receiving from the department authorization to establish the new apiary. In making the application, the owner shall specify the location of the apiary with the same particularity as in the application for original registration. If the new apiary is not used according to W.S. 11-7-211, the certificate of registration lapses and all rights under the registration terminate. Registrations for new apiaries shall not be issued for greater areas than the applicant can show are reasonably necessary for his needs consistent with good beekeeping practice.

 

(b) A registered apiary may be sold or transferred to a purchaser subject to applicable provisions of this chapter if all bees and equipment on the apiary are sold to the purchaser.

 

(c) No person may increase the number of hives on an apiary to exceed the number of hives consistent with good beekeeping practices authorized by his certificate of registration for that apiary, except that a person may increase the number of hives on a general apiary beyond the number authorized by the certificate of registration in order to protect his bees and hives from bears or other predators. A person may also enlarge a general apiary during the spring buildup and in the fall after the end of the honey season in order to gather his bees for shipment out of the state or to winter his bees on that apiary.

 

11-7-208. New locations; evidence of owner's or manager's permission.

 

Any person registering a new location for the first time shall have the approval signature of the landowner or manager thereof indicating that the landowner has given permission to place an apiary on his property.

 

11-7-209. Minimum number of colonies.

 

All registered bee locations must consist of not less than ten (10) colonies of bees during a minimum of forty-five (45) or more continuous days during any part of normal buildup or honey producing period of the year. This provision does not apply to beekeepers who own a total of less than five (5) colonies of bees registered in only one (1) apiary.

 

11-7-210. Normal buildup and honey producing season; registration time; voiding registration.

 

 

(a) The normal buildup and honey producing season begins on May 1 and continues through September 30.

 

(b) The regular registration time consists of the months of February through April.

 

(c) The established way for voiding the registration of an apiary shall be initiated and completed by January 31 during the same registration year that the apiary was not in use.

 

11-7-211. Forfeit of registration; termination of rights; disposition of equipment.

 

 

(a) The registration of an apiary which is not stocked with bees during at least forty-five (45) continuous days of the normal buildup or honey producing season is forfeited and all rights under the certificate of registration terminate.

 

(b) An apiary not regularly attended in accordance with good beekeeping practice, which comprises a hazard or threat to disease control in the beekeeping industry or which by reason of its physical condition or construction cannot be inspected, may be considered an abandoned apiary and may be seized by the department. Any diseased equipment or equipment which by reason of its physical condition or construction cannot be inspected may be burned, and any remaining equipment may be sold at public auction. Proceeds, after the cost of the sale is deducted, shall be returned to the former owner or his estate. Before burning or selling any equipment, the department shall give the owner or person in charge a written notice at least five (5) days before the burning or sale. The notice shall be given by certified mail or personal service upon the owner or person in charge of the property. If the owner or person in charge cannot be located, a certified letter sent to the owner's last address registered with the department is sufficient notice under this section.

 

11-7-212. Registration fees.

 

 

(a) Each year before a certificate of registration may be issued for an apiary, the owner or applicant for the certificate shall pay the department a registration fee in the amount authorized by W.S. 11-1-104, with the exception of those apiaries classified as hobbyist apiaries, which will be issued a nonfee certificate of registration.

 

(i) Repealed by Laws 1993, ch. 135, 3.

 

(ii) Repealed by Laws 1993, ch. 135, 3.

 

(iii) Repealed by Laws 1993, ch. 135, 3.

 

(iv) Repealed by Laws 1993, ch. 135, 3.

 

(v) Repealed by Laws 1993, ch. 135, 3.

 

(vi) Repealed by Laws 1993, ch. 135, 3.

 

(vii) Repealed by Laws 1993, ch. 135, 3.

 

(viii) Repealed by Laws 1993, ch. 135, 3.

 

(ix) Repealed by Laws 1993, ch. 135, 3.

 

(x) Repealed by Laws 1993, ch. 135, 3.

 

(xi) Repealed by Laws 1993, ch. 135, 3.

 

(b) Repealed by Laws 1993, ch. 135, 3.

 

11-7-213. Holding yard apiary location.

 

(a) The department may grant a certificate of registration for a temporary holding yard location to provide an area for holding hives prior to and after returning from pollination of a commercial agricultural crop in another state.

 

(b) A temporary holding yard location shall not be used for planned honey production.

 

(c) A general beekeeper shall provide the department location information for all temporary holding yard locations by designating the yard name and latitude and longitude coordinates which shall be included on the yearly renewal application and designated with "HY" for holding yard, as the authorized class.

 

(d) A colony may be held at a temporary holding yard location for not more than two (2) months during the spring and for not more than two (2) months during the fall.

 

11-7-214. Spray yard apiary location.

 

(a) The department may grant a certificate of registration for a spray yard apiary location to provide an area for holding hives during pesticide application to allow a safe haven for the health and safety of the bees.

 

(b) A spray yard apiary location shall not be used for planned honey production.

 

(c) Any hive shall not be held at a spray yard apiary location for more than sixteen (16) days after any pesticide application and the hive then shall be returned to the registered location.

 

(d) A general beekeeper shall notify the department or the apiary inspector when hives are moved to spray yard apiary locations.

 

11-7-215. Variance agreements.

 

(a) Upon request from a general beekeeper, the department may enter into a variance agreement with the general beekeeper because of drought conditions, crop rotation, conservation reserve program acres or other unforeseen circumstances adverse to a yard location.

 

(b) Following a thorough investigation of each request under subsection (a) of this section, the department shall determine whether or not to enter into the requested variance agreement. If granted, a variance agreement shall contain an expiration date, after which the bees shall be returned to the original registered location. Failure to return the bees to the original registered apiary location shall cause that registered apiary location to be forfeited.

 

(c) Signed copies of a variance agreement between a beekeeper and the department shall be on file in the department's Cheyenne office and with the area apiary inspector and the beekeeper.

 

ARTICLE 3 - INSPECTION AND CERTIFICATION - APIS BEES

 

11-7-301. Apiaries; powers and duties of the department.

 

(a) To prevent the spread of bee diseases, bee parasites or bee pests among bees and apiaries, to protect apiaries against depredation by wildlife and to assist law enforcement agencies in an effort to alleviate losses due to theft, the department may:

 

(i) Order the transfer of colonies of bees from hives or containers which cannot be properly examined for brood or other bee diseases, bee parasites or bee pests to other hives or containers;

 

(ii) Order disinfection of any bee, beehive, brood comb or any other equipment which is infected or contaminated and burn any infected or contaminated bee, beehive, brood comb or any other equipment if, in its judgment, disinfection will not remove the infection or contamination. Before burning any property, the department shall give the owner or person in charge a written notice at least ten (10) days before the date on which the property will be burned. The notice shall be given by certified mail or personal service upon the owner or person in charge of the property;

 

(iii) Quarantine any apiary where foulbrood or any contagious or infectious bee diseases, bee parasites or bee pests are present and, during the quarantine, prevent the removal from the apiary of any bees or equipment except under a special permit issued by the department permitting the removal under conditions it prescribes. A person may not sell or offer for sale any apiary, bees or equipment which are under quarantine unless the department issues a permit authorizing the sale or removal. Written notice of quarantine shall be posted by the department, owner or person in charge at the quarantined apiary at a conspicuous place, and a copy shall be personally served or sent by certified mail to the owner of the apiary or person in charge. The quarantine continues in effect until it is ordered removed and a copy of the removal order served in the same manner;

 

(iv) Inspect any apiary, hives, equipment or premises for the presence of bee diseases, bee parasites or bee pests. Hives belonging to persons owning apiaries within the state shall be inspected for contagious diseases according to schedules established by the department. Apiary inspectors shall establish the date for the inspection of any apiary with the beekeeper. The inspection date shall be agreeable to the inspector and the beekeeper and shall include a total of seven (7) consecutive days upon which the inspection can be undertaken due to weather and unforeseen circumstances. Any beekeeper responsible for an apiary who refuses an inspection on any of the seven (7) agreed upon dates is subject to penalties provided pursuant to W.S. 11-7-133;

 

(v) Order the hives within an apiary which is not legally registered with the state to be confiscated. The owner of the apiary shall be notified at least seven (7) days prior to the date of confiscation. Notification shall be by certified mail addressed to the last known address of the owner or by personal service upon the owner;

 

(vi) Promulgate and enforce rules adopted to carry out the purpose of this chapter;

 

(vii) Enter into agreements with the game and fish commission as necessary to protect bees and hives against wild animals;

 

(viii) Assist any sheriff, peace officer or district attorney in any county in the discharge of their duties or investigations relating to the apiary industry.

 

(b) Any owner of bees possessing more than fifty (50) colonies shall furnish one (1) helper to assist the inspector. Apiary inspectors may inspect bee colonies at any time without previous notice.

 

(c) Any person failing to comply with a rule, order or provision of a quarantine pursuant to this section is subject to penalties provided in W.S. 11-7-133.

 

11-7-302. Importation of bees, combs or hives.

 

(a) A beekeeper shall notify the department and request an inspection to be conducted at any specified registered location or holding yard not later than fourteen (14) days after entry of any colony into this state. Following an inspection for colony health, the department may issue an export certificate for any colony imported into Wyoming. An export certificate is valid for one (1) year and allows export from and re-entry into Wyoming at any port of entry.

 

(b) Bees shipped on combless packages or in packages on new frames and new foundation are not prohibited.

 

(c) Comb honey in sections intended for human consumption is not prohibited.

 

(d) All package bees shipped into Wyoming shall be accompanied by an affidavit stating that no honey has been used for food in transit. It is unlawful for anyone shipping queen bees in cages into this state to use any honey for queen cage foods.

 

(e) If an official Wyoming apiary inspector finds that any bees imported into the state have infectious or contagious diseases within fourteen (14) days after arrival, the apiary inspector shall destroy the diseased bees and equipment.

 

ARTICLE 4 - ALFALFA LEAF-CUTTER BEE

 

11-7-401. Definitions.

 

(a) As used in this act:

 

(i) "Bee" means any stage in the life cycle of a bee of the species Megachile rotundata (F), commonly known as the alfalfa leaf-cutter bee;

 

(ii) "Certification" means the process of analyzing bees and equipment by the department to determine whether they meet the required health standards;

 

(iii) "Department" means the department of agriculture;

 

(iv) "Equipment" means trays, incubators, cell removers, tumblers and other apparatus used in rearing bees excluding nesting materials;

 

(v) "Nesting materials" means shelters, laminates, polyblocks, drilled boards or any other product which leaf-cutter bees actually use for nesting;

 

(vi) "Parasite" means an organism living in or on any stage of the alfalfa leaf-cutter bee obtaining nutriment from the body of the bee or nesting material;

 

(vii) "Pathogen" means an organism, parasite or otherwise, that causes disease in the alfalfa leaf-cutter bee;

 

(viii) "Wild trap" means to trap bees on property not owned by the trapper;

 

(ix) "This act" means W.S. 11-7-401 through 11-7-407;

 

(x) "Sanitization" means any treatment including iodine, heat, chlorine or any other method approved by the department.

 

11-7-402. Duties and powers of department.

 

(a) The department shall:

 

(i) Administer this act;

 

(ii) By rule or regulation adopt minimum standards for the presence of pathogens and parasites in bees to be certified, imported and possessed or controlled in this state;

 

(iii) Whenever it has reasonable cause to believe a person is in possession of any diseased or parasitized bee or equipment or otherwise possesses any bee or equipment in violation of this act or rules adopted under this act, order a quarantine of the suspected bees or equipment and may require any person in possession of such bees to hold them under specified conditions until notified otherwise in writing;

 

(iv) Release any quarantine or order to hold bees upon a finding that the bees and equipment are possessed in compliance with this act.

 

(b) The department may:

 

(i) Enter into agreements with other governmental agencies or private associations in carrying out the provisions of this act;

 

(ii) Enter upon any public or private premises to inspect and sample bees or equipment that may be diseased or parasitized;

 

(iii) Quarantine any bees or equipment found to be infected with pathogens or parasites at a level exceeding certification standards;

 

(iv) Order the sanitization or destruction of any bees or equipment that is infected with parasites or pathogens and that does not meet certification standards.

 

11-7-403. Annual certification; application; inspection of sample; recertification; fees.

 

(a) No person shall import, possess or control alfalfa leaf-cutter bees in this state unless the bees are certified annually under this section.

 

(b) To certify bees, a person shall file a completed application form provided by the department together with the certification and laboratory fees. Certification and laboratory fees shall be established by the department for each pound of bees certified. The applicant must provide at least the following:

 

(i) Name and place of residence;

 

(ii) The general location and number of bees to be registered; and

 

(iii) Other relevant information as required by department regulation.

 

(c) After receipt of an application for certification, a sample of the total population of bees to be certified shall be selected by the department or its agent in a manner prescribed by the department. The sample shall be inspected for pathogens and parasites. If no pathogens or parasites in excess of certification standards are found, the sample shall be reported within certifiable limits.

 

(d) When the department receives a completed application form, a certification fee and a report that the sample is within certifiable limits, it shall issue a certificate for the bees.

 

(e) The department shall specify the date by which any applicant must apply for recertification the following year.

 

(f) Fees collected under this act shall be deposited into a separate account and expended for administration and enforcement of this act. In administering and enforcing the provisions of this act, the department, by a separately negotiated agreement with another governmental agency or a private association as authorized by W.S. 11-7-402(b)(i), may make the fees available for expenditure by that agency or association. Any such agency or association shall be required to submit an annual budget to the department for its review and approval prior to the expenditure of any funds under this section.

 

11-7-404. Importation restrictions.

 

(a) No bee shall be imported into this state except under the provisions of this section.

 

(b) Prior to the importation of any bee, the importer shall file a completed application form as required under W.S. 11-7-403(b) and arrange a date and time for inspection.

 

(c) Prior to certification, each bee and associated transport equipment shall be quarantined.

 

(d) No bee shall be imported except in loose cells or as adults. No bee shall be imported in a drilled board, soda straw or other equipment that prevents adequate inspection of the bee.

 

(e) A representative sample of the population of bees imported shall be inspected as the basis for certification.

 

(f) No person shall import used nesting materials.

 

(g) No bee shall be certified unless all other requirements for certification under W.S. 11-7-403 are met.

 

(h) Used metal or plastic equipment may be imported with prior written notice to the department. Used equipment shall be sanitized prior to entry into this state and immediately after entry as provided by W.S. 11-7-401(a)(x).

 

(j) Any person not already owning or having leaf-cutter bees in Wyoming who imports leaf-cutter bees for the first time into an area where no leaf-cutter bees have previously been placed by that person shall meet the standards for unconditional leaf-cutter bee certification established by rules and regulations adopted by the department.

 

11-7-405. Restrictions on rearing, moving and trapping bees; permits; fees.

 

(a) No person shall rear any bee in a nesting material from which samples of loose larval cells cannot readily be obtained such as drilled boards or soda straws.

 

(b) No person shall move any quarantined bee or equipment except by special permit issued by the department.

 

(c) No person may wild trap or attempt to wild trap bees unless that person has been issued a permit to wild trap in accordance with rules adopted by the department.

 

(d) The permits under subsections (b) and (c) of this section shall be issued under rules adopted by the department. The department shall by rule establish a reasonable fee for each permit.

 

11-7-406. Penalty.

 

Any person who violates this act is guilty of a misdemeanor punishable by a fine of not more than seven hundred fifty dollars ($750.00). Each day a violation of this act continues is a separate offense.

 

11-7-407. Laboratory authorized; fees for services.

 

The department may develop and maintain a laboratory at the University of Wyoming agriculture extension center at Powell to provide analytical services required under this act and may authorize the laboratories to provide services to persons possessing bees or equipment by charging a fee equal to the cost of providing those services.