Alabama Administrative Code Chapter 80-10-11 — Pollination

80 Alabama Department of Agriculture and Industries

Ala. Admin. Code r. 80-10-11-.01 Purpose

The purpose of this Chapter is to establish a mechanism for the pollination of agricultural products by beekeepers to make certain of the continued production of certain agricultural products and for the further control of honeybees and apiaries involved in movement under compliance agreements which provide for rigid inspection including quarantine and destruction as provided by law.

History

• Author: Reginald L. Sorrells, Robert J. Russell
• Authority: Code of Ala. 1975, §§2-14-1 et seq., 2-25-5.
• Emergency rule filed April 4, 1985. Permanent rule filed June 7, 1985. Emergency rule filed February 25, 1988. Amended: Filed May 17, 1988. Repealed: May 11, 1993. New Rule: Filed August 11, 2000; effective September 15, 2000. Amended: Filed December 2, 2005; effective January 6, 2006.

Ala. Admin. Code r. 80-10-11-.02 Findings And Determination

The pollination of certain crops is found and determined to be necessary for successful crop production and yield for the economic benefit and welfare of the people of Alabama. With the continued absence of suitable and comprehensive pollination capabilities by Alabama beekeepers, it is further found and determined that pollination services to and from out-of-state beekeepers would be in the best economic interests of Alabama’s agricultural interests, and welfare of the people of Alabama. It is the intent that these rules not conflict with statutory authority but at the same time provide for more effective pollination through rigid inspection, destruction and quarantine as necessary to insure healthy, safeand disease-free bees; and enables the constitutional administration of the statutory provisions by facilitating bee movement in the free flow of commerce.

History

• Author: Reginald L. Sorrells, Robert J. Russell
• Authority: Code of Ala. 1975, §§2-14-1 et seq., 2-25-5.
• Emergency Rule filed April 4, 1985. Permanent Rule filed June 7, 1985. Emergency Rule filed February 25, 1988. Amended: Filed May 17, 1988. Repealed: May 11, 1993. New Rule: Filed August 11, 2000; effective September 15, 2000. Amended: Filed December 2, 2005; effective January 6, 2006.

Ala. Admin. Code r. 80-10-11-.03 Definitions

(1) Compliance Agreement - an agreement signed by two entities, which stipulate conditions which must be met in order to facilitate the pollination of crops in or outside Alabama.

(2) Department - the State of Alabama, Department of Agriculture and Industries or its authorized representative.

History

• Author: Reginald L. Sorrells, Robert J. Russell
• Authority: Code of Ala. 1975, §§2-14-1 et seq., 2-25-5.
• Emergency Rule filed April 4, 1985. Permanent Rule filed June 7, 1985. Repealed: May 11, 1993. New Rule: Filed August 11, 2000; effective September 15, 2000. Amended: Filed December 2, 2005; effective January 6, 2006.

Ala. Admin. Code r. 80-10-11-.04 Compliance Agreement Authorized

(1) In order to facilitate movement of colonies of honeybees into and out of Alabama for pollination purposes only a Compliance Agreement is hereby authorized. The following conditions for such Compliance Agreement shall apply:

(a) A Compliance Agreement shall be an agreement between the beekeeper responsible for the pollination activities and the Department made and obtained prior to entry into, or exit from the state.

(b) A Compliance Agreement shall be implemented when appropriate pollination services cannot be supplied by Alabama beekeepers as determined by the Department and otherwise only in strict adherence to the provisions provided herein.

(c) A Compliance Agreement shall state all conditions, which must be met before colonies of honeybees are approved for movement into and out of Alabama, to include but not be limited to the following: certification as being free from certain pests, pre-treatment of bee colonies with approved pesticides, notification of approximate date of entry into and exit form Alabama, time period for removal of all colonies of honeybees from Alabama, marking of colonies and associated equipment for identification purposes including the inspection and marking of all Queen Honeybees when leaving and returning to Alabama, with any Queen not bearing the marking upon return to be quarantined or subject to destruction as provided by law.

(2) A Compliance Agreement may be cancelled immediately upon receipt of written notice of non-compliance from the Department.

(3) Movement of colonies of honeybees into Alabama from out-of-state sources without a fully executed Compliance Agreement shall be subject to the provisions of §2-14-15, Code of Ala. 1975.

History

• Author: Reginald L. Sorrells, Robert J. Russell
• Authority: Code of Ala. 1975, §§2-14-1 et seq., 2-25-5.
• New Rule: Filed August 11, 2000; effective September 15, 2000. Amended: Filed December 2, 2005; effective January 6, 2006.

Ala. Admin. Code r. 80-10-11-.05 Inspection Of Colonies And Honeybees

(1) Every beekeeper, owner or others in possession of any honeybees shall, on or before October 1 of each year, register with the Commissioner of Agriculture and Industries every colony of honeybees, bee yards or apiaries in their possession or under their control, and such registration shall be made upon forms furnished by the commissioner upon which there shall be shown the number and location of colonies of bees with the apiary location or locations together with such other information as may be necessary for the administration of this chapter. Colonies of bees and apiaries acquired after October 1 during any year and not previously registered shall also be registered as required under this section; provided, however, that this requirement shall not apply to any bees or apiaries acquired after March 31, as such bees shall not be registered until the following October 1.

(2) If any honeybees or an apiary previously and currently registered under this section is sold or otherwisetransferred from one beekeeper to another beekeeper, such registration thereof may be transferred to the person acquiring such bees or apiary without the payment of the registration fee.

(3) An annual registration or inspection fee shall be paid by the registrant which shall accompany the application for registration, and the amount of such fee shall be based upon and determined by the number of colonies of bees owned by or under the control of the person registering such honeybees in the following amount:

Number of Colonies Registration Fee

1 to 9 colonies...................................... $ 4.00

10 to 24colonies..................................... $ 8.00

25 to 49 colonies.................................... $12.00

50 to 99 colonies.................................... $17.00

100 to 249 colonies.................................. $25.00

250 to 499 colonies.................................. $40.00

500 or more colonies................................. $60.00

(4) Any colonies of honeybees moved from or into Alabama pursuant to the Compliance Agreement under this chapter shall be subject to inspection prior to and/or upon entry into or exit from the State, specifically including the inspection and marking of all Queen Honeybees when leaving and returning to Alabama, with any Queen not bearing the marking upon return to be quarantined or subject to destruction as provided by law. Expenses associated with inspections shall be reimbursed the Department pursuant to the terms of the Compliance Agreement. Colonies of honeybees found to be infested with American foulbrood, Bacillus larvae, the small hive beetle, Aethina tumida, or any other disease or pest, including the Africanized Honeybee, Apis mellifera scutellata (Ruttner) determined to be a threat to Alabama apiculture shall be immediately removed from the state, unless the state apiarist determines that such movement would result in likely contamination or infestation of Alabama honeybees in which event such colony shall be quarantined or subject to destruction as provided by Alabama law.

History

• Author: Reginald L. Sorrells, John P. Hagood, Robert J. Russell
• Authority: Code of Ala. 1975, §§2-14-1 et seq., 2-25-5.
• New Rule: Filed August 11, 2000; effective September 15, 2000. Amended: Filed August 16, 2004; effective September 20, 2004. Amended: Filed December 2, 2005; effective January 6, 2006.

Ala. Admin. Code r. 80-10-11-.06 Violations

Violation of these rules shall be treated as provided under Section 2-14-15, Code of Ala. 1975.

History

• Author: Reginald L. Sorrells
• Authority: Code of Ala. 1975, §§2-14-1 et seq., 2-25-5.
• New Rule: Filed August 11, 2000; effective September 15, 2000.