(b) A beekeeper who received notification that he or she is prohibited
from selling nucs or queens as they have been deemed unfit for sale by
laboratory confirmation of American Foulbrood, may be ordered by the
commissioner to destroy such colonies.
(c) During the time specified in either such order authorized by this
subdivision, the quarantined colonies and equipment shall not be
removed, molested or tampered with except by written permission of the
commissioner or the commissioner's duly authorized representative. No
damage shall be awarded to the owner for the loss of any apiary, bees,
hives, apiary appliance or bee product destroyed under the provisions of
this section or a regulation or order made in pursuance thereof.
4-a. All species and subspecies of bees determined by the commissioner
to cause injury to this state's managed bee population, crops, or other
plants and all bees, beehives, bee fixtures or appurtenances infected
with, or exposed to, contagious or infectious diseases of bees, or
infested with, or exposed to, insects or parasitic organisms adversely
affecting bees, or with or to species or subspecies of bees which have
been determined by the commissioner to cause injury, directly or
indirectly, to this state's managed bee population, crops, or other
plants, are hereby declared to be nuisances to be abated as hereinafter
described.
5. If any inspection made by the commissioner or the commissioner's
duly authorized representative discloses that any apiary, appliances,
structures, colonies or comb constitute a nuisance within the meaning of
this section, the commissioner or the commissioner's duly authorized
representatives may with the co-operation and consent of the owner or
person in charge immediately proceed to abate the nuisance by destroying
or treating such colonies and equipment, or he or she may order the
owner or person in charge to destroy or treat such colonies or equipment
as may be deemed advisable. In case the owner or person in charge will
not consent to the abatement of the nuisance by immediate destruction or
treatment, the commissioner or the commissioner's duly authorized
representative shall notify the owner, occupant or person in charge of
the premises in writing that such nuisance exists and order that the
same be abated within five days after a date which shall be specified in
said order. Such order shall also contain directions setting forth the
method or methods which shall be taken to abate the nuisance and shall
be served upon the owner, occupant or person in charge of the premises
either personally or by registered or certified mail.
6. Any person believed to have violated any provision of this article
shall receive written notice of such alleged violation and an
opportunity to be heard to dispute such alleged violation. A beekeeper
who receives an order that directs the destruction or treatment of any
bees, hives, fixtures or appurtenances deemed a nuisance or notification
that such beekeeper is prohibited from selling nucs and queens pursuant
to paragraph (c) of subdivision one of section one hundred
seventy-three-c of this article may, within five days from the receipt
of the order or notification, request a hearing thereon. The order or
notification shall advise the beekeeper of the right to such hearing,
the procedure to be followed and the manner in which the request may be
made to the commissioner. Upon receipt of such request, the commissioner
shall give the beekeeper ten days' notice in writing of a hearing for
the beekeeper to show cause why the destruction, treatment or
prohibition on selling by the order or notification is not appropriate.
The hearing shall be held on the record. The request for a hearing shall
act to stay all proceedings until a final determination rendered by the
commissioner. During the time specified in the order and during any
extended time, pending such final determination, the quarantined
colonies and equipment shall not be removed, molested or tampered with
except by written permission of the commissioner or the commissioner's
duly authorized representative. No damage shall be awarded to the owner
for the loss of any apiary, bees, hives, apiary appliance, or bee
product destroyed under the provisions of this section or any regulation
or order made in pursuance thereof.
7. Persons keeping bees shall keep them in hives of such construction
that the frames and combs may be easily removed without damaging them
for examination of the brood for the purpose of determining whether
disease exists in the brood.
8. No person shall knowingly expose in any place to which bees have
access any bee product, hive or other apiary appliance in such manner
that contagious or infectious diseases of bees may be disseminated
therefrom.
9. The commissioner may promulgate rules and regulations to establish
appropriate tolerance levels for diseases or parasitic organisms
adversely affecting bees within hives, fixtures, structures or
appurtenances. Beehives conforming with such established tolerance
levels shall not be considered nuisances under this section. If upon
inspection a hive is found to exceed such tolerance levels, the
commissioner may consider such apiary to be a nuisance and may order the
destruction or treatment of the apiary as set forth in subdivisions
four, four-a, five and six of this section.