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[Utah Code Table of Contents]
[TITLE 4. Table of Contents]
4-11-1 Short title.
This chapter shall be known and may be cited as the "Utah
Bee Inspection Act."
1979
4-11-2 Definitions.
As used in this chapter:
(1) "Abandoned apiary" means any apiary to which the owner or operator fails to give reasonable and adequate attention during any given year with the result that the welfare of neighboring colonies is jeopardized;
(2) "Apiary" means any place where one or more colonies of bees are located;
(3) "Apiary equipment" means hives, supers, frames, veils, gloves, or other equipment used to handle or manipulate bees, honey, wax or hives;
(4) "Appliance" means any apparatus, tool, machine, or other device used to handle or manipulate bees, wax, honey, or hives;
(5) "Bee" means the common honey bee at any stage of development;
(6) "Colony" means bees in any hive including queens, workers, or drones;
(7) "Disease" means American or European foulbrood, sacbrood, bee paralysis, or any other disease or abnormal condition of the egg, larval, pupal or adult stage of bee development;
(8) "Hive" means a frame hive, box hive, box, barrel, log, gum skep, or other artificial or natural receptacle which may be used to house bees;
(9) "Package" means any number of bees in a bee-tight
container, with or without a queen, and without comb.
1979
4-11-3 Department authorized to make and enforce rules.
The department is authorized, subject to Title 63, Chapter
46a, Utah Administrative Rulemaking Act, to make and enforce
such rules as it considers necessary for the administration
and enforcement of this chapter. Such rules shall include
provisions for the identification of each apiary within the
state.
1995
4-11-4 Bee raising - Registration required - Application - Fees - Renewal - Wax-salvage plants - License required - Application - Fees - Renewal.
(1) No person may raise bees in this state without being registered with the department. Application for registration to raise bees shall be made to the department upon tangible or electronic forms prescribed and furnished by it. The application shall specify the name and address of the applicant, the number of bee colonies owned by the applicant, and any other relevant information the department considers appropriate. Upon receipt of a proper application and payment of an annual registration fee determined by the department pursuant to Subsection 4-2-2 (2), the commissioner shall issue a registration to the applicant valid through December 31 of the year in which the registration is issued subject to suspension or revocation for cause. Each bee registration is renewable for a period of one year upon the payment of an annual registration renewal fee determined by the department pursuant to Subsection 4-2-2 (2). Registration shall be renewed on or before December 31 of each year.
(2) No person may operate a wax-salvage plant without
a license issued by the department. Application for a license
to operate a wax-salvage plant shall be made to the department
upon tangible or electronic forms prescribed and furnished
by it. The application shall specify such information as
the department considers appropriate. Upon receipt of a proper
application and payment of a license fee determined by the
department pursuant to Subsection
4-2-2
(2), the commissioner, if satisfied that the
convenience and necessity of the industry and the public
will be served, shall issue a license entitling the applicant
to operate a wax-salvage plant through December 31 of the
year in which the license is issued, subject to suspension
or revocation for cause. A wax-salvage license is renewable
for a period of one year, on or before December 31 of each
year, upon the payment of an annual license renewal fee determined
by the department pursuant to Subsection
4-2-2
(2).
2002
4-11-5 County bee inspector - Appointment - Termination - Compensation.
The county executive upon the petition of five or more
persons who raise bees within their respective counties shall,
with the approval of the commissioner, appoint a qualified
person to act as a bee inspector within their county. A county
bee inspector shall be employed at the pleasure of the county
executive and the commissioner, and is subject to termination
of employment, with or without cause, at the instance of
either. Compensation for the county bee inspector shall be
fixed by the county legislative body.
1993
4-11-6 Hives to have removable frames - Consent of county bee inspector to sell or transport diseased bees.
(1) No person shall house or keep bees in a hive unless it is equipped with movable frames to all its parts so that access to the hive can be had without difficulty.
(2) No person who owns or has possession of bees (whether
queens or workers) with knowledge that they are infected
with disease, or with knowledge that they have been exposed
to disease, shall sell, barter, give away, or move such bees,
colonies, or appliances without the consent of the county
bee inspector.
1979
4-11-7 County bee inspector - Duties - Diseased apiaries - Examination of diseased bees by department - Election to transport bees to wax-salvage plant.
(1) The county bee inspector shall inspect all apiaries within the county at least once each year and, also, inspect immediately any apiary within the county which is alleged in a written complaint to be diseased.
(2) If upon inspection the inspector determines that an apiary is diseased, the inspector shall take the following action:
(a) Prescribe the course of treatment that the owner or caretaker of the bees shall follow to eliminate the disease; or
(b) Personally, for the purpose of treatment approved by the department, take control of the diseased bees, hives, combs, broods, honey, and equipment; or
(c) Destroy the diseased bees and, if necessary, their hives, combs, broods, honey, and all appliances which may have become infected.
(3) The owner of an apiary who is dissatisfied with the diagnosis or course of action proposed by an inspector under this section may, at such owner's expense, have the department examine the alleged diseased bees. The decision of the commissioner with respect to the condition of such bees at the time of the examination is final and conclusive upon the owner and the inspector involved.
(4) The owner of a diseased apiary, notwithstanding the
provisions of Subsections (2) and (3) of this section, may
elect under the direction of the county bee inspector to
kill the diseased bees, seal their hives, and transport them
to a licensed wax-salvage plant.
1979
4-11-8 County bee inspector - Disinfection required before leaving apiary with diseased bees.
Before leaving the premises of any apiary where disease
exists, the county bee inspector or any assistant shall thoroughly
disinfect any part of his own person, clothing, or any appliance
which has come in contact with infected material.
1979
4-11-9 Inspection of apiaries where queen bees raised for sale - Honey from apiaries where queen bees raised for sale not to be used for candy for mailing cages unless boiled.
(1) At least twice each summer the county bee inspector shall inspect each apiary in which queen bees are raised for sale. No person shall sell or transport any queen bee from an apiary which is found to be infected with disease.
(2) No person engaged in raising queen bees for sale shall
use any honey for making candy for mailing cages which has
not been boiled for at least 30 minutes.
1979
4-11-10 Enforcement - Inspections authorized - Warrants.
The department and all county bee inspectors shall have
access to all apiaries or places where bees, hives, and appliances
are kept for the purpose of enforcing this chapter. If admittance
is refused, the department, or the county bee inspector involved,
may proceed immediately to obtain an ex parte warrant from
the nearest court of competent jurisdiction to allow entry
upon the premises for the purpose of making an inspection.
1979
4-11-11 Importation of bees or appliances into state - Certification required - Inspection discretionary - Authority to require destruction or removal of diseased bees and appliances.
(1) No person may bring or import any bees in packages or bring or import any used beekeeping equipment or appliances into this state, except after obtaining a certification by an inspector authorized in the "state of origin" certifying that the bees, equipment, or appliances have been inspected within the current production season, and that all diseased colonies in the apiary at the time of the inspection were destroyed or removed to a licensed wax salvage plant prior to the issuance of the certificate. Any person bringing or importing bees or used beekeeping equipment or appliances into the state shall advise the department of the address of the bees destination in this state and furnish the department with a copy of the certificate of inspection either within at least five working days before these bees or equipment enter this state or upon entry into this state.
(2) In lieu of the requirements of Subsection (1), the certificate may be a Utah certificate of inspection issued under Section 4-11-7 which shows that (a) the bees, equipment, or appliances have been inspected in Utah within the 12 months prior to their return to this state; and (b) at the time of this inspection, all diseased colonies, equipment, and appliances were destroyed or removed according to the requirements of Subsection (1).
(3) If the department determines it is necessary for any
reason to inspect any bees, apiary equipment, or appliance
upon arrival at a destination in this state, and upon this
inspection finds disease, the department shall cause all
diseased colonies, appliances, and equipment to be either:
(a) destroyed immediately, or (b) removed from the state
within 48 hours. The costs of options (a) or (b) shall be
paid by the person bringing the diseased colonies, appliances,
or equipment into the state.
1986
4-11-12 Quarantine authorized.
The commissioner in order to protect the bee industry
of the state against contagious and infectious bee diseases
may quarantine the entire state or any bees or apiary within
the state.
1979
4-11-13 Unlawful acts specified.
It is unlawful for any person to:
(1) extract honey in any place where bees can gain access either during or after the extraction process;
(2) remove honey or wax or attempt to salvage or salvage any hives, apiary equipment, or appliances from a diseased colony, except in a licensed wax-salvage plant;
(3) maintain any neglected or abandoned hives, apiary equipment, or appliances other than in an enclosure which prohibits the entrance of bees;
(4) raise bees without being registered with the department; or
(5) operate a wax-salvage plant without a license.
1979
4-11-14 Maintenance of abandoned apiary, equipment, or appliance - Nuisance.
It is a public nuisance to keep or maintain an abandoned
apiary, apiary equipment, or appliance other than in an enclosure
which prohibits the entry of bees, and such are subject to
seizure and destruction by the county bee inspector.
1979
4-11-15 Wax-salvage operations - County bee inspector to supervise compliance with regulations - Salvage procedures specified.
All wax-salvage operations with respect to wax, hives, apiary equipment, and appliances shall be performed under the direction and supervision of the county bee inspector according to procedures established by regulations of the department in an enclosure tightly double-screened with screens not less than two inches apart. Entrance to the enclosure shall be through a vestibule double-screened in the same manner as the enclosure with tight-fitting doors at each end.
All boiling or melting of any noncontaminated apiary equipment,
such as cappings, honey supers, hives, or frames shall be
done in a bee tight enclosure.
1979
