South Dakota Codified Laws
Chapter 18 - Apiaries
Section 38-18-3.4 - Abandoned apiary--Destruction, treatment or seizure of bees and equipment.

38-18-3.4. Abandoned apiary--Destruction, treatment or seizure of bees and equipment.
The failure to file an application registering an apiary pursuant to §38-18-3, or the failure to identify a location pursuant to §38-18-3.3, constitutes abandonment of the apiary. If the abandoned bees and bee equipment are found to be infested with a regulated pest, the secretary shall immediately treat or destroy the apiary. If the apiary is not infested with a regulated pest, the secretary may, upon finding in a contested case proceeding conducted pursuant to chapter 1-26 that there is no justifiable excuse for failure to comply with §38-18-3 or 38-18-3.3, claim and seize the abandoned bees and bee equipment for use or sale.

Source: SL 1986, ch 330, §6; SL 1989, ch 344, §2.

<< Previous
Next >>

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 38 - Agriculture and Horticulture

Chapter 18 - Apiaries

Section 38-18-1 - Definition of terms.

Section 38-18-3 - Annual application for registration of apiaries--Contents--Revocation of landowner or lessee's placement authorization--Approval or rejection of registration--Hearings--Violation as misdemeanor--Civil penalty.

Section 38-18-3.1 - Minimum distance between apiaries--Beekeepers excepted on own property.

Section 38-18-3.3 - Identification of apiary--Violation as misdemeanor.

Section 38-18-3.4 - Abandoned apiary--Destruction, treatment or seizure of bees and equipment.

Section 38-18-4 - Application for entrance permit--Action by secretary--Failure to apply for permit as misdemeanor--Civil penalty.

Section 38-18-5 - Registration fee.

Section 38-18-5.1 - Apiary fund established--Purpose--Appropriations.

Section 38-18-8 - Movable frames required in hives--Violation as misdemeanor.

Section 38-18-9 - Sealing of diseased hives required--Violation as misdemeanor--Additional penalty.

Section 38-18-10 - Infested colony or apiary as public nuisance--Treatment or destruction of infested apiaries--Violation as misdemeanor--Additional penalty.

Section 38-18-11 - Exposure of infected bees or equipment as misdemeanor--Additional penalty.

Section 38-18-12 - Inspection programs--Employment of personnel--Investigation and control of diseases--Movement of bees in and out of state.

Section 38-18-13 - False information or hindering of enforcement as misdemeanor.

Section 38-18-14 - Access of departmental personnel to premises and apiaries.

Section 38-18-15 - Certificate of inspection--Issuance and contents--Certificate of health--Duration--Revocation.

Section 38-18-16 - Written order by secretary to treat or destroy apiary, regulated pests or exotic bees--Action by secretary if order not obeyed--Secretary authorized to sell salvageable equipment and bees.

Section 38-18-16.1 - Hearing--Staying of effective date of order--Exception--Affirmation, amendment or revocation of order.

Section 38-18-16.2 - Failure to comply with order--Strict liability for costs of destruction.

Section 38-18-19 - Quarantine of bees, equipment, and premises--Unauthorized removal or handling as misdemeanor--Continuation until determination by secretary.

Section 38-18-20 - Written order to place honey house in sanitary condition--Failure to obey as misdemeanor.

Section 38-18-21 - Certificate of health or compliance agreement required for bees and used bee equipment imported from another state--Importation without certificate or compliance agreement as misdemeanor.

Section 38-18-23 - Certificate of health--Content--Based on actual inspection.

Section 38-18-25 - Unlawfully imported bees subject to seizure--Destruction or treatment if found to be infested--Notice of intent to seize--Owner to comply with provisions of this chapter or remove bees from state--Assessments of costs.

Section 38-18-26 - Certificate of inspection required to transfer ownership of bees or used bee equipment--Copy to recipient of bees--Violation as misdemeanor.

Section 38-18-27 - Request to enter compliance agreement or for additional inspections by departmental personnel--Fees and expenses.

Section 38-18-28 - Promulgation of rules by secretary.

Section 38-18-28.1 - Restriction on movement of bees and related articles from quarantined area--Promulgation of rules.

Section 38-18-31 - Promotion of honey and by-products.

Section 38-18-32 - Definitions.

Section 38-18-33 - Honey industry fund.

Section 38-18-34 - Administration of honey industry fund--Donation--Expenditures.

Section 38-18-35 - Promulgation of rules for honey industry fund.

Section 38-18-36 - Annual honey assessment.

Section 38-18-37 - Dissemination of information and instruction concerning honey assessment.