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7 LONG TITLE
8 General Description:
9 This bill amends provisions relating to the Utah Bee Inspection Act.
10 Highlighted Provisions:
11 This bill:
12 ▸ amends bee raising registration requirements;
13 ▸ amends county bee inspector appointment provisions;
14 ▸ amends county bee inspector duties;
15 ▸ deletes certain hive equipment requirements;
16 ▸ modifies inspection provisions;
17 ▸ modifies bee raising record requirements;
18 ▸ provides for bee raising restrictions under certain circumstances;
19 ▸ removes certain honey extraction restrictions;
20 ▸ prohibits regulation of bee raising by a political subdivision; and
21 ▸ makes technical changes.
22 Money Appropriated in this Bill:
23 None
24 Other Special Clauses:
25 None
26 Utah Code Sections Affected:
27 AMENDS:
28 4-11-4, as last amended by Laws of Utah 2010, Chapter 73
29 4-11-5, as last amended by Laws of Utah 2010, Chapter 73
30 4-11-6, as last amended by Laws of Utah 2010, Chapter 73
31 4-11-7, as last amended by Laws of Utah 2010, Chapter 73
32 4-11-8, as last amended by Laws of Utah 2010, Chapter 73
33 4-11-10, as last amended by Laws of Utah 2010, Chapter 73
34 4-11-12, as last amended by Laws of Utah 2010, Chapter 73
35 4-11-13, as last amended by Laws of Utah 2010, Chapter 73
36 ENACTS:
37 4-11-18, Utah Code Annotated 1953
38
39 Be it enacted by the Legislature of the state of Utah:
40 Section 1. Section 4-11-4 is amended to read:
41 4-11-4. Bee raising -- Registration required -- Application -- Fees -- Renewal --
42 Wax-salvage plants -- License required -- Application -- Fees -- Renewal.
43 (1) (a) A person [
44 state [
45 (b) Application for registration to raise bees shall be made to the department upon
46 tangible or electronic forms prescribed and furnished by the department, within 30 days after
47 the person:
48 (i) takes possession of the bees; or
49 (ii) moves the bees into the state.
50 (c) Nothing in Subsection (1)(b) limits the requirements of Section 4-11-11.
51 (d) An application in accordance with this chapter shall specify:
52 (i) the name and address of the applicant;
53 (ii) the number of bee colonies owned by the applicant at the time of the application
54 that will be present in the state for a period exceeding 30 days; and
55 (iii) [
56 (e) Upon receipt of a proper application and payment of an annual registration fee
57 determined by the department pursuant to Subsection 4-2-2(2), the commissioner shall issue a
58 registration to the applicant valid through December 31 of the year in which the registration is
59 issued[
60 (f) A bee registration is renewable for a period of one year upon the payment of an
61 annual registration renewal fee as determined by the department pursuant to Subsection
62 4-2-2(2).
63 (g) Registration shall be renewed on or before December 31 of each year.
64 (h) A person who is exempt from registration may voluntarily register and receive
65 inspections, educational training, or other information from the department.
66 (2) (a) A person may not operate a wax-salvage plant without a license issued by the
67 department.
68 (b) Application for a license to operate a wax-salvage plant shall be made to the
69 department upon tangible or electronic forms prescribed and furnished by the department.
70 (c) The application shall specify [
71 appropriate.
72 (d) Upon receipt of a proper application and payment of a license fee as determined by
73 the department pursuant to Subsection 4-2-2(2), the commissioner, if satisfied that the
74 convenience and necessity of the industry and the public will be served, shall issue a license
75 entitling the applicant to operate a wax-salvage plant through December 31 of the year in
76 which the license is issued, subject to suspension or revocation for cause.
77 (e) A wax-salvage license is renewable for a period of one year, on or before December
78 31 of each year, upon the payment of an annual license renewal fee as determined by the
79 department pursuant to Subsection 4-2-2(2).
80 Section 2. Section 4-11-5 is amended to read:
81 4-11-5. County bee inspector -- Appointment -- Termination -- Compensation.
82 (1) The county executive upon the petition of five or more persons who raise bees
83 within the respective county shall, with the approval of the commissioner, appoint a qualified
84 person to act as a bee inspector within the county.
85 (2) A county bee inspector shall be employed at the pleasure of the county executive
86 and the commissioner, and is subject to termination of employment, with or without cause, at
87 the instance of either.
88 (3) Compensation for the county bee inspector shall be fixed by the county legislative
89 body.
90 (4) [
91 training and knowledge related to this chapter, bee diseases, and pests.
92 (5) A [
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94 [
95
96 [
97 [
98 [
99 Section 3. Section 4-11-6 is amended to read:
100 4-11-6. Consent of county bee inspector to sell or transport diseased bees.
101 [
102
103 [
104 with knowledge that they are infected with terminal disease, parasites, or pests, or with
105 knowledge that they have been exposed to terminal disease, parasites, or pests, [
106 sell, barter, give away, or move the bees, colonies, or apiary equipment without the consent of
107 the county bee inspector or the department.
108 Section 4. Section 4-11-7 is amended to read:
109 4-11-7. Inspector -- Duties -- Diseased apiaries -- Examination of diseased bees by
110 department -- Election to transport bees to wax-salvage plant.
111 (1) [
112 severely diseased, parasitized, or abandoned, the county bee inspector or the department shall
113 [
114 the owner of the apiary, inspect [
115
116 (2) If, upon inspection, the inspector determines that an apiary is diseased or
117 parasitized, the inspector shall [
118 or parasite present:
119 (a) prescribe the course of treatment that the owner or caretaker of the bees shall follow
120 to eliminate the disease or parasite;
121 (b) personally, for the purpose of treatment approved by the department, take control of
122 the afflicted bees, hives, combs, broods, honey, and equipment; or
123 (c) destroy the afflicted bees and, if necessary, their hives, combs, broods, honey, and
124 all appliances that may have become infected.
125 (3) If, upon reinspection, the inspector determines that the responsible party has not
126 executed the course of treatment prescribed by Subsection (2), the inspector may take
127 immediate possession of the afflicted colony for control or destruction in accordance with
128 Subsection (2)(b) or (c).
129 (4) (a) The owner of an apiary who is dissatisfied with the diagnosis or course of action
130 proposed by an inspector under this section may, at the owner's expense, have the department
131 examine the alleged diseased bees.
132 (b) The decision of the commissioner with respect to the condition of bees at the time
133 of the examination is final and conclusive upon the owner and the inspector involved.
134 (5) The owner of a diseased apiary, notwithstanding the provisions of Subsections (2),
135 (3), and (4), may elect under the direction of the county bee inspector to kill the diseased bees,
136 seal their hives, and transport them to a licensed wax-salvage plant.
137 (6) A county bee inspector may, with the consent of the owner, inspect an apiary and
138 offer educational training or information to the owner.
139 Section 5. Section 4-11-8 is amended to read:
140 4-11-8. County bee inspector -- Disinfection required before leaving apiary with
141 diseased bees.
142 (1) Before leaving the premises of [
143 bee inspector, [
144 disinfect any part of the inspector's or assistant's own person, clothing, or [
145 has come in contact with infected material.
146 (2) The method of disinfection required by Subsection (1):
147 (a) may be determined by the department; and
148 (b) shall be sufficient to destroy disease, parasites, and pathogens encountered.
149 (3) A county bee inspector shall maintain and submit to the department a record of
150 each inspection, including disinfection practices.
151 [
152
153 Section 6. Section 4-11-10 is amended to read:
154 4-11-10. Enforcement -- Inspections authorized -- Warrants.
155 (1) The department and all county bee inspectors shall have access to all apiaries [
156
157 conducting an inspection under Section 4-11-7 or Section 4-11-9.
158 (2) If admittance is refused, the department[
159 may proceed [
160 jurisdiction to allow entry upon the premises for the purpose of making an inspection.
161 Section 7. Section 4-11-12 is amended to read:
162 4-11-12. Quarantine authorized.
163 (1) The commissioner, in order to protect the bee industry of the state against bee
164 health or management issues, may quarantine the entire state, an entire county, or any apiary or
165 specific hive within the state, as the commissioner considers necessary.
166 (2) (a) A registered beekeeper may petition the department to restrict migratory
167 beekeeping within a 25-mile radius if:
168 (i) at least two other beekeepers operating in the 25-mile radius join the petition; and
169 (ii) there are fewer than six registered beekeepers operating apiaries in the 25-mile
170 radius.
171 (b) The department may, upon receipt of a petition that meets the requirements of
172 Subsection (2)(a), restrict migratory beekeeping within a 25-mile radius for up to one year, if
173 the department finds the restriction would protect the genetics or breeding of bees.
174 Section 8. Section 4-11-13 is amended to read:
175 4-11-13. Unlawful acts specified.
176 It is unlawful for a person to:
177 [
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180 equipment, or appliances from a diseased colony, except in a licensed wax-salvage plant,
181 unless specifically authorized by a county bee inspector or the commissioner;
182 [
183 other than in an enclosure that prohibits the entrance of bees;
184 [
185 department;
186 [
187 [
188 may propagate pests, disease, or bee feeding frenzy; or
189 [
190 with terminal disease pathogens.
191 Section 9. Section 4-11-18 is enacted to read:
192 4-11-18. Regulation of bees by a political subdivision.
193 (1) A political subdivision may not adopt or enforce an ordinance or regulation related
194 to raising or managing bees.
195 (2) Any ordinance or regulation regarding raising or managing bees established by a
196 political subdivision is void.
Legislative Review Note
as of 1-30-15 9:56 AM
Office of Legislative Research and General Counsel