CHAPTER 1. Bees [29000. - 29322.]
Chapter 1 repealed and added by Stats. 1987, Ch. 1404, Sec. 2.
§§ 29000–29322 · 136 sections
ARTICLE 1. General Provisions §§ 29000–29013 · 15 sections
- § 29000 The Legislature hereby finds and declares that: A healthy and vibrant apiary industry is important to the economy and welfare of the people of the State of…
- § 29001 This chapter shall be known and may be cited as, the “Apiary Protection Act.” Unless the context otherwise requires, the definitions in this article govern the…
- § 29002 “Apiary” includes bees, comb, hives, appliances, or colonies, wherever they are kept, located, or found.
- § 29003 “Appliance” means any implement or other device which is used in handling and manipulating bees or comb, any container of bees or comb, or any other equipment…
- § 29004 “Bees” means honey-producing insects of the genus Apis. It includes all life stages of these insects.
- § 29005 “Board” means the Apiary Board.
- § 29005.5 “Broker” means a person or entity that receives a monetary profit from the managing of beehives, hive equipment, or honey bees that they do not own, but have…
- § 29006 “Colony” means one hive and its contents, including bees, comb, and appliances.
- § 29007 “Comb” includes all materials which are normally deposited into hives by bees. It does not include extracted honey or royal jelly, trapped pollen, and…
- § 29008 “Commissioner” means a county agricultural commissioner.
- § 29009 “Pest” includes American foulbrood or any other infectious disease, parasite, pest, or hereditary disease that affects bees that the secretary declares by…
- § 29010 “Infected,” “infested,” “contaminated,” or “diseased” includes a viable stage of a life cycle of a “pest” as defined in Section 29009 can be demonstrated to…
- § 29011 “Hive” means any receptacle or container, or part of any receptacle or container, which is made or prepared for the use of bees, or which is inhabited by bees.
- § 29012 “Inspector” means any person who has received a certificate issued by the department with curriculum approved by the secretary and who is authorized to enforce…
- § 29013 “Location” means any premises upon which an apiary is located.
ARTICLE 2. Apiary Board §§ 29020–29028 · 9 sections
- § 29020 There is in the department the Apiary Board, consisting of seven members appointed by the secretary, six of whom shall be registered beekeepers who reside in…
- § 29021 Upon the director’s request, the board shall submit to the director the names of three or more natural persons, each of whom shall be a citizen and resident of…
- § 29022 It is hereby declared, as a matter of legislative determination, that beekeepers appointed to the board are intended to represent and further the interest of a…
- § 29023 In making his or her selection of the membership of the board, the director shall take into consideration the recommendations of the beekeeping industry,…
- § 29024 The term of office of the members of the board is four years. Appointments shall be for full four-year terms. The director shall solicit the views of the…
- § 29025 The secretary may appoint a department representative as the secretary to the board. In consultation with the board, the secretary may identify a…
- § 29026 The board shall be advisory to the director on all matters related to the beekeeping industry and may make recommendations on all matters affecting the…
- § 29027 The board shall meet at the call of the director or at the request of any three members of the board. It shall meet at least once a year.
- § 29028 Each member of the board shall serve without compensation, but each member shall be reimbursed for actual and necessary expenses, including travel expenses,…
ARTICLE 3. Apiary Assessments §§ 29030.5–29032 · 3 sections
- § 29030.5 The beekeeper, apiary owner, apiary operator, or the person in possession of an apiary, in addition to the annual assessment fee prescribed by subdivision (a)…
- § 29031 The assessment fees shall be payable to the director on July 1 of each year. The director shall send a written notice of the nonpayment of the required…
- § 29032 (a) Any funds collected by the director pursuant to this article shall be deposited in the Department of Food and Agriculture Fund to be used for the control…
ARTICLE 4. Registration and Identification of Apiaries §§ 29040–29057 · 18 sections
- § 29040 Every person that is the owner, broker, or is in possession of an apiary that is located within the state, on the first day of January of each year, shall…
- § 29041 Notwithstanding the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code), any information provided…
- § 29042 Every person who moves bees into the state or otherwise comes into possession of an apiary that is located within the state after the first day of January,…
- § 29043 Registration of an apiary shall be filed with the commissioner of the county in which the apiary is located, or with the director if there is no commissioner…
- § 29044 (a) Each beekeeper, apiary owner, apiary operator, broker, or person in possession of any apiary, shall pay, in addition to any other fees imposed under this…
- § 29045 It is unlawful for a person to maintain any apiary that is not registered pursuant to this article. Each registration is valid until January 1 of the following…
- § 29046 (a) No person shall maintain an apiary on premises other than that of his or her residence unless the apiary is identified as follows: (1) By a sign that is…
- § 29047 Any person who owns or is in possession of an apiary may bring an action to recover damages for any injury to the apiary by reason of any pest control…
- § 29048 Any pesticide applicator who experiences any loss because of a beekeeper’s failure to request notification of a pesticide application pursuant to Section…
- § 29049 The owner of any apiary equipment may apply to the director for a serial number brand for use on apiary equipment which he or she owns. The application shall…
- § 29050 Upon receipt of the application and fee, the director shall register a serial number brand to the applicant. The serial number shall include a county number…
- § 29051 If a serial number brand is used on wooden equipment, it shall be burned into the wood in numbers which are at least one-half inch in height. Hive bodies shall…
- § 29052 Serial number brands are transferrable.
- § 29053 (a) If the purchaser does not have a registered brand number, he or she may use a brand acquired by purchase if a bill of sale on the purchased brand number is…
- § 29054 If ownership of branded equipment is transferred, the original brand shall not be defaced or obliterated. The brand, if any, of the new owner shall be placed…
- § 29055 It is unlawful for any person to have in his or her possession any apiary equipment which is branded with any serial number brand other than his or her own…
- § 29056 It is unlawful for any person to do any one of the following: (a) Use any serial number brand unless it is registered pursuant to this article provided that…
- § 29057 Any funds collected by the secretary pursuant to this article shall be deposited in the Department of Food and Agriculture Fund, and notwithstanding Section…
ARTICLE 5. Intrastate Movement §§ 29070–29074 · 6 sections
- § 29070 (a) Any person relocating a colony of bees from a registered apiary in one county to another county, where the apiary is not registered for the current…
- § 29070.5 Any apiary operator or the apiary operator’s designated representative relocating a colony of bees within a county where the apiary is currently registered…
- § 29071 It is lawful for any person when under the supervision of the local county agricultural commissioner, except when prohibited by other provisions of this…
- § 29072 No person shall move or transport any bees, comb, appliances, or colonies within the state that contain pests, except for abatement pursuant to this chapter or…
- § 29073 The inspector, in a summary manner, may destroy, where required, any and all colonies, bees, combs, or hives that contain pests that are unlawfully moved…
- § 29074 The secretary, by written permit, subject to conditions the secretary may determine are necessary to protect the beekeeping industry of this state, may…
ARTICLE 6. Notification Regions §§ 29080–29082 · 4 sections
- § 29080 As used in this article and in Article 7 (commencing with Section 29100) “director” means the Director of Pesticide Regulation.
- § 29080.5 The director may, after notice and hearing, establish regions for the notification of apiary owners relative to pesticide applications if the director…
- § 29081 Upon the establishment of a notification region, the director shall designate one of the commissioners within the region as the coordinator for the region. The…
- § 29082 The coordinator may receive money from any source and shall deposit the funds in the Department of Pesticide Regulation Fund, or with the approval of the…
ARTICLE 7. Use of Pesticides §§ 29100–29103 · 4 sections
- § 29100 (a) The Legislature hereby finds and declares that bees perform a valuable service to agriculture in this state. (b) The Legislature further finds and declares…
- § 29101 (a) Each beekeeper shall report to the commissioner of the county in which the beekeeper’s apiary is located, on a form approved by the secretary, each…
- § 29102 (a) The director shall adopt regulations necessary to minimize the hazard to bees, while still providing for the reasonable and necessary application of…
- § 29103 Failure of a beekeeper to remove hives from a specific location, except during specific periods of time, as provided in subdivision (c) of Section 29102 after…
ARTICLE 8. Quarantine §§ 29110–29114 · 5 sections
- § 29110 The secretary may adopt by regulation and establish, maintain, and enforce a quarantine at the boundaries of, or within, the state, to protect the bee industry…
- § 29111 If any quarantine is established pursuant to this article, no person shall move any bees, comb, hive, or appliance, across the lines established by the…
- § 29112 If an inspector finds any pest or disease which is known to be contagious in any apiary, the inspector may hold the apiary and may require that abatement be…
- § 29113 If notice that an apiary is being held has been given pursuant to Section 29112, no person shall move the apiary, or any part of the apiary, or any other bee…
- § 29114 Upon request of the owner of any apiary which is held pursuant to an order by an inspector, the inspector shall release the hold order by issuing a permit to…
ARTICLE 9. Importation §§ 29120–29128 · 9 sections
- § 29120 Except as otherwise provided in Section 29121, no person shall import or transport into the state any comb, bees on comb, queen bees, package bees, bee semen,…
- § 29121 (a) A person may import or transport any of the following into the state without complying with the requirements prescribed by Section 29120: (1) Packaged comb…
- § 29122 Except as provided in Section 29123, the certificate required by Section 29120 shall be signed by the State Entomologist, State Apiary Inspector, or comparable…
- § 29123 In lieu of the requirements of Section 29122, the certificate required by Section 29120 may be a California certificate of inspection issued pursuant to…
- § 29124 Any shipment of bees on comb, used hives, or used appliances arriving in this state which is not accompanied by, where required by Section 29120, a valid…
- § 29125 The certificates required by Section 29120 are valid only during the inspection season in which they were issued, except that a certificate that covers a…
- § 29126 (a) If any bees, comb, hives, or appliances entering California are found to be diseased at the time of inspection in this state within 30 days after arrival,…
- § 29127 Any American foulbrood disease or other disease found pursuant to subdivision (a) of Section 29126 shall be abated pursuant to Article 14 (commencing with…
- § 29128 After the American foulbrood disease or other disease has been abated, the inspector may release the hold order, if the release can be made without menace or…
ARTICLE 10. Exportation §§ 29140–29145 · 6 sections
- § 29140 As used in this article, “certificate” means the certification by a commissioner, or an inspector of the condition of any apiary which is to be transported to…
- § 29141 The board of supervisors of any county may estalish a schedule of fees for certificates for bees on comb to be paid by persons that request the certificates.
- § 29142 No fee shall be charged for certification required by any law, regulation, or requirement of the United States.
- § 29143 The schedule of fees for the certificates shall be based upon the estimated cost of the inspection.
- § 29144 A commissioner shall make reasonable inspection as may be necessary to determine the facts which are required by the state or country of intended destination…
- § 29145 It is unlawful for any person to alter, deface, or misuse any certificate issued pursuant to this article.
ARTICLE 11. Wax Salvage §§ 29150–29157 · 8 sections
- § 29150 No person shall remove, salvage, or attempt to salvage, any bees, comb, honey, royal jelly, pollen, beeswax, or frames from any diseased colony, including…
- § 29151 All wax salvage operations with respect to diseased colonies shall be performed in an enclosure which is constructed in accordance with specifications, and in…
- § 29152 The director shall prepare and furnish to interested parties upon request, uniform specifications for the construction of wax salvage plants, and adopt…
- § 29153 Any person that desires to maintain and operate a plant for the salvaging of wax, hives, and appliances from diseased apiaries shall apply to the director for…
- § 29154 The director shall make such investigations as the director determines are necessary and shall issue the license without fee if the director is satisfied that…
- § 29155 A license is good for the calendar year within which it is issued and shall expire on December 31, of that year, unless it is revoked or suspended sooner.
- § 29156 Any license which is issued pursuant to this article may be revoked or suspended, or a license renewal may be refused by the director, after hearing, if the…
- § 29157 To the greatest extent possible, the proceedings for all hearings under this article shall be conducted pursuant to Chapter 5 (commencing with Section 11500)…
ARTICLE 12. Sanitation §§ 29170–29181 · 12 sections
- § 29170 No person shall maintain or operate a diseased colony of bees, except pursuant to Section 29074.
- § 29171 No person shall conceal or attempt to conceal the fact that disease exists within an apiary.
- § 29172 No person shall sell any diseased bees, comb, hive, appliance, or colony.
- § 29173 No person shall abandon any diseased apiary.
- § 29174 No person shall expose to bees any comb or honey from a diseased colony of bees, except pursuant to Section 29074.
- § 29175 No person shall extract or render any honey, pollen, or wax from comb except in a building or enclosure which is so constructed as to prevent access by bees.
- § 29176 No person shall possess any comb which is not occupied by a live bee colony unless the comb is tightly enclosed to prevent access to the comb by bees.
- § 29177 Any hive or appliance which contains any comb that is not occupied by a live bee colony and that is accessible to bees constitutes a public nuisance. The hive…
- § 29178 No person shall make honey available to bees by means of open air feeding.
- § 29179 All beekeepers shall provide movable frames in the brood area of all hives which they use to contain bees, and shall make provisions so the bees in the hives…
- § 29180 The inspector shall order the owner, broker, or person in charge of any bees that are kept in a box or other unmovable or stationary comb hive to transfer the…
- § 29181 No person shall place, in any combless package of bees or queen bees offered for sale or shipment, any food which contains honey.
ARTICLE 13. Colony Strength §§ 29190–29195 · 6 sections
- § 29190 The director may establish a system for certifying colony strength for bees used in the pollination of agricultural crops.
- § 29191 The colony strength of a bee colony shall be certified after inspection on the basis of the number of active frames of bees per colony, as determined by either…
- § 29192 The inspection and certification of colony strength of bees may be made by department employees, the commissioner or persons authorized by the commissioner, or…
- § 29193 Inspection and certification shall be made at the request of the beekeeper or agricultural producer involved. The party requesting the inspection and…
- § 29194 The director may by regulation establish reasonable fees to cover the cost of inspection and certification performed by department employees and persons…
- § 29195 The board of supervisors of the county may establish reasonable fees to cover the cost of inspection and certification performed by the commissioner.
ARTICLE 14. Apiary Inspection §§ 29200–29213 · 14 sections
- § 29200 The Legislature finds that in order to ensure the vitality of the apiary industry, to protect the welfare of the people of the State of California, as well as…
- § 29201 (a) The secretary, or the commissioner, or any inspector acting under their direction, may enter if they determine it to be necessary, any location where an…
- § 29202 If, in the course of an inspection authorized by Section 29201, the inspector finds or has reason to suspect that there are pests in the apiary, the inspector…
- § 29203 (a) If infestation is found in an apiary, the inspector shall notify the owner, broker, or person in charge or possession of the apiary in writing. The notice…
- § 29204 Every infested apiary is a public nuisance. The owner, broker, or person in charge or possession of any apiary, upon finding an infestation to be present, or…
- § 29205 The notice may be served upon the broker or the person that has possession or that owns the infested apiary, personally or by certified mail to their last…
- § 29206 If the infestation found in an apiary is American foulbrood, the time specified in the notice shall not be less than 24 hours nor more than 48 hours from the…
- § 29207 If American foulbrood is found in an apiary, the abatement shall be by killing the bees in the infested colonies and disposing of the hives and their contents,…
- § 29208 (a) If abatement is by burning or hazardous waste disposal, the person abating shall act in accordance with applicable air pollution control district or air…
- § 29209 If the owner, broker, or person in charge or possession of an apiary in which an infestation is found to exist cannot be located after diligent search by the…
- § 29210 If an abatement notice as required by this article has been served upon the owner or bailee of an apiary, the owner or bailee, before the expiration of the…
- § 29211 In those instances when the inspector has sealed the infested hive after making a field determination, if a beekeeper appeals the inspector’s field…
- § 29212 The specimen shall be subjected to a laboratory diagnosis by the director, or at his or her direction. The written determination which sets forth the findings…
- § 29213 The disease which is named by the director in a written response to the appeal may be abated pursuant to this chapter. Pending the determination of the…
ARTICLE 15. Enforcement and Penalties §§ 29300–29313 · 14 sections
- § 29300 The director, and the commissioner of each county under the direction and supervision of the director shall enforce this chapter.
- § 29301 The director may make any regulations that are reasonable and necessary to carry out this chapter.
- § 29302 (a) Unless otherwise stated, it shall be an infraction for any person to fail to comply with any requirement of this chapter, or regulations adopted pursuant…
- § 29303 It shall be an infraction for any person to fail to comply with any notice or order which is issued pursuant to this chapter subject to the penalties set forth…
- § 29304 (a) In addition to the penalties outlined in Sections 12999.5, 29302, and 29303, any person not complying with this chapter, a regulation adopted thereto, or…
- § 29305 (a) Any penalties recovered under this chapter, whether criminal or civil, shall be paid into a special account maintained by the department, and shall be used…
- § 29306 In addition to any other penalty provided for by law, and by this article, any person who willfully or intentionally violates any provisions of this chapter…
- § 29307 Any person who violates any injunctive order issued pursuant to subdivision (b) of Section 29304 shall be subject to a civil penalty, in addition to any other…
- § 29308 The director shall appoint a supervisor of apiary inspection and such qualified state apiary inspectors as may be necessary.
- § 29309 Each commissioner is an ex officio state apiary inspector and may appoint one or more inspectors, qualified pursuant to the regulations of the director, to be…
- § 29310 The director may assign one or more qualified state apiary inspectors to perform the duties of a county apiary inspector in any county for such time and rate…
- § 29311 The penalties prescribed by this chapter are exclusive and no other civil penalties may be assessed, except as specified in Section 12999.5.
- § 29312 In any civil action for the wrongful and willful taking, possessing, harboring, or transporting of a beehive, for the wrongful and willful removal of bees from…
- § 29313 (a) In lieu of prosecution, and in addition to any other penalty that is provided in this chapter, the secretary or the commissioner may impose an…
ARTICLE 16. Africanized Honey Bees §§ 29320–29322 · 3 sections
- § 29320 The secretary, in consultation with the board, may approve programs statewide to train, on a voluntary basis, beekeepers, inspectors, or commissioners in…
- § 29321 Any hive or comparable apparatus that is not occupied by a live bee colony, and that is accessible to bees, is a public nuisance. The hive or apparatus shall…
- § 29322 (a) The governing board of a city, county, or city and county may, by ordinance, establish procedures for the abatement of a hive or comparable apparatus where…