2 CAR pt. 21 | 2 CAR Part 21 — Apiary Rules of the State Plant Board

Chapter II

Subchapter A

Subpart 1

2 CAR § 21-101 Registering apiaries {#sec-2-car-21-101 omnilex-key=us-ar-regs-official--title-2-part-21--2 CAR § 21-101}

2 CAR § 21-101. Registering apiaries.

(a) Each apiary in the state shall be registered.

(b)(1) Apiaries may be registered at permanent or temporary locations.

(2) Temporary locations shall be occupied by active colonies of bees during the honey producing season, subject to pasturage rights specified in Acts 1977, No. 161, § 3(B), or registration will be canceled.

(c)(1) Registration shall be on forms provided by the State Plant Board and shall include the following information:

(A) Name and complete mailing address of the owner;

(B) Legal description of each location by:

(i) Quarter section;

(ii) Section;

(iii) Township; and

(iv) Range;

(D) The name of the owner of the land where each apiary is located; and

(E) The number of colonies at each location.

(2) Registration may be amended any time:

(A) As new colonies are added to an apiary by:

(i) Purchase;

(ii) Division; or

(iii) The capture of swarms; or

(B) When any significant change occurs in the location or operation of a beekeeper.

(d) Any person who purchases colonies of bees from a beekeeper with registered apiary locations, e.g., bee yards, shall have the first option to register said locations in his or her own name, provided such action is agreeable to the owner of the land whereon the apiaries are located.

2 CAR § 21-102 Apiary identification {#sec-2-car-21-102 omnilex-key=us-ar-regs-official--title-2-part-21--2 CAR § 21-102}

2 CAR § 21-102. Apiary identification.

(a) Each apiary location, whether permanent or temporary, shall be identified by prominently displaying the owner's registration number at the site.

(b) This number may be displayed on one (1) or more hives or on a readily visible sign placed within ten feet (10’) of the hives.

Subpart 2

2 CAR § 21-201 Minimum competency standards for inspector, education, and experience {#sec-2-car-21-201 omnilex-key=us-ar-regs-official--title-2-part-21--2 CAR § 21-201}

2 CAR § 21-201. Minimum competency standards for inspector, education, and experience.

Two (2) years’ college with at least one (1) course in beekeeping, or high school diploma with two (2) years’ experience as a beekeeper, or equivalent.

2 CAR § 21-202 Training for inspectors {#sec-2-car-21-202 omnilex-key=us-ar-regs-official--title-2-part-21--2 CAR § 21-202}

2 CAR § 21-202. Training for inspectors.

A minimum of one (1) week on-the-job training with the Program Manager of the Apiary Section or the Chief Inspector or the Apiary Specialist where the beginning inspector shall demonstrate his or her ability to:

(1) Properly handle hives and bees;

(2) Identify bee diseases; and

(3) Execute required forms and paperwork.

2 CAR § 21-203 Examination of prospective inspectors {#sec-2-car-21-203 omnilex-key=us-ar-regs-official--title-2-part-21--2 CAR § 21-203}

2 CAR § 21-203. Examination of prospective inspectors.

The prospective inspector shall make a passing grade of seventy percent (70%) on a written examination designed to measure his or her knowledge pertinent to the job before entering into the required training.

2 CAR § 21-204 Hives with movable frame required {#sec-2-car-21-204 omnilex-key=us-ar-regs-official--title-2-part-21--2 CAR § 21-204}

2 CAR § 21-204. Hives with movable frame required.

(a)(1) A person may not keep bees in a hive which does not have movable frames.

(2) Movable frames permit thorough examination of every brood comb in a hive to determine the presence of disease.

(b)(1) If a hive without movable frames is found, the inspector will notify the owner or persons responsible for the hive of the condition in writing.

(2) The written notice shall require that the bees be moved into a hive with movable frames as soon as possible, but in no case more than twelve (12) months from the date of the notice.

(c)(1) If the owner or person responsible for the hive wishes to do so, he or she may, after it is inspected, sell or give it to a second party who will house the bees properly.

(2) If he or she refuses or fails to provide proper housing themselves or by a second party, the hive or receptacle shall be condemned and destroyed.

(3) Hives condemned for destruction will be destroyed in the manner described for American foulbrood disease.

2 CAR § 21-205 Inspection frequency {#sec-2-car-21-205 omnilex-key=us-ar-regs-official--title-2-part-21--2 CAR § 21-205}

2 CAR § 21-205. Inspection frequency.

(a) The frequency of inspection of each apiary will be determined by the State Plant Board.

(b) Inspections may be made annually or at more frequent or less frequent intervals depending upon the disease history of the apiary and the surrounding area.

2 CAR § 21-206 Inspections — Owner participation and weather conditions {#sec-2-car-21-206 omnilex-key=us-ar-regs-official--title-2-part-21--2 CAR § 21-206}

2 CAR § 21-206. Inspections — Owner participation and weather conditions.

(a)(1) Owner participation during inspection is helpful to the owner as well as to the inspector and is encouraged.

(2) The apiary inspector will afford the beekeeper the opportunity to be present during the inspection by serving notice of the date and time at least five (5) days prior to the inspection.

(3) The five-day period may be abbreviated upon the mutual consent of the apiary inspector and the beekeeper.

(b)(1) Inspections will not be made when weather conditions are such that inspections may be seriously detrimental to the bees.

(2) Weather determinations will be made by mutual agreement between the owner or the person in charge and the inspector.

2 CAR § 21-207 Notice of disease — Quarantine — Appeal {#sec-2-car-21-207 omnilex-key=us-ar-regs-official--title-2-part-21--2 CAR § 21-207}

2 CAR § 21-207. Notice of disease — Quarantine — Appeal.

(a)(1) If a bee disease is found to exist in any degree in an apiary, the inspector will notify the owner or person responsible for the apiary in writing at the conclusion of the inspection.

(2) The notice will state:

(A) Which disease or diseases are present;

(B) The number of colonies infected;

(D) The manner in which the disease or diseases shall be eradicated; and

(E) The length of time in which eradication shall be accomplished.

(3) The written notice shall also be considered a notice of quarantine if American foulbrood or European foulbrood is found in an apiary.

(b) The owner or person responsible for a quarantined apiary may appeal the findings of the inspector to the Head of the Apiary Section or the State Apiarist within three (3) days.

(c)(1) At the owner's option, confirmation or denial of the inspector's findings may be based upon reinspection of the apiary by the Head of the Apiary Section or the State Apiarist, or upon the findings of the United States Department of Agriculture Bee Disease Investigative Laboratory.

(2) If the latter option is chosen, the apiary inspector will, in the presence of the beekeeper, collect and identify samples to be sent to the laboratory.

(d) Based upon reinspection or laboratory findings, the determination of the State Plant Board shall be final unless otherwise determined by a court of proper jurisdiction.

(e) The quarantine shall cease to be in effect if the board has not verified the existence of American or European foulbrood within thirty (30) days after appeal by the beekeeper.

2 CAR § 21-208 Disease eradication {#sec-2-car-21-208 omnilex-key=us-ar-regs-official--title-2-part-21--2 CAR § 21-208}

2 CAR § 21-208. Disease eradication.

(a)(1) American Foulbrood. If American foulbrood disease is found to exist in any degree in an apiary, after written notice to the owner or person responsible for the apiary and after a final determination is made, the inspector shall destroy or cause to be destroyed the diseased colonies and contaminated equipment in the following manner:

(A) By killing the bees in infected hives and burning the bees, combs, frames, and honey in a pit and burying the ashes at least 1 foot (1’) below the surface of the ground; and

(B) By scorching with fire or boiling in lye solution, i.e., one pound (1 lb.) lye per ten gallons (10 gals.) of water, for not less than thirty (30) minutes the hive bodies, bottom boards, covers, supers, or other equipment associated with the infected colonies.

(2) The quarantine which is placed on an apiary when American foulbrood disease is found shall not be lifted until:

(A) These eradication measures have been carried out to the satisfaction of the inspector; and

(B) Subsequent inspections reveal no American foulbrood disease in the apiary.

(b) European Foulbrood.

(1) If European foulbrood disease is found to exist in any degree in an

apiary, written notice and opportunity for appeal as described previously herein will be given to the owner or person responsible for the apiary.

(2) The written notice shall require that in each infected colony:

(A) The queen shall be killed immediately;

(B) An approved antibiotic shall be fed immediately and once per week for at least three (3) weeks thereafter; and

(3) If the owner or person responsible for the apiary refuses or fails to carry out the prescribed eradication procedures, the infected colonies shall be destroyed by the inspector in the manner described for American foulbrood disease.

(4) The quarantine which is placed on an apiary when European foulbrood disease is found shall not be lifted until:

(A) These eradication measures have been carried out to the satisfaction of the inspector; and

(B) Subsequent inspections reveal no European foulbrood disease in the apiary.

(c) Other Bee Diseases. If sacbrood, chalkbrood, bee paralysis, or other bee diseases are found to exist in any degree in an apiary, the inspector will require such treatment as may be specified by the State Apiarist.

Subpart 3

2 CAR § 21-301 Transporting bees, apiary equipment — Emergencies {#sec-2-car-21-301 omnilex-key=us-ar-regs-official--title-2-part-21--2 CAR § 21-301}

2 CAR § 21-301. Transporting bees, apiary equipment — Emergencies.

(a)(1) A person may not transport or cause to be transported into or within this state bees on combs, used hives, or other used apiary equipment or appliances without a current certificate of inspection covering the bees and equipment to be moved.

(2) With such a certificate, bees may be moved between registered locations at will without prior notice to the State Plant Board.

(b)(1) A person who does not possess a current certificate of inspection who wishes to move bees, or a person who wishes to move to a location for which he or she has not registered, shall notify the board at least twenty (20) days prior to the anticipated moving date.

(2) Within this twenty-day period the Apiary Section shall:

(A) Inspect the apiary or apiaries to be moved;

(B) Conduct necessary investigations;

(D) Approve or reject the move.

(c) Emergency moves made necessary by such things as fires, crop dusting, and natural disasters may be made without prior notice provided that the board is notified within five (5) days of the move and informed of the circumstances necessitating the emergency move.

2 CAR Part 21 — Apiary Rules of the State Plant Board