Chapter 264 Apiaries

264.081 - Hearings on refusals or revocations, procedure.

Steven Groce, Attorney Advertisement

Any person who is refused any permit or certificate of health, or who has had any permit or certificate revoked, may request a hearing before the director of agriculture.The request must be made in writing no later than thirty days after the date on which such person was notified of the denial or revocation of a permit or certificate of health.

(L. 1978 S.B. 683 § 8)

264.095 - Powers and duties of director — rulemaking, procedure.

1.The director shall, from time to time, make rules for carrying out the provisions and requirements of sections 264.011 to 264.101, including rules under which inspectors and other employees shall:

(1)Inspect apiaries and equipment associated with apiculture;

(2)Investigate, control, eradicate and prevent the dissemination of honey bee diseases and pests; and

(3)Supervise or cause the treatment, control or destruction of honey bees infected with diseases or pests.

2.The director shall also make rules which establish standards and procedures for determining the compensation and the working conditions for all employees and contract employees.No rule or portion of a rule promulgated under the authority of this chapter shall become effective unless it has been promulgated pursuant to the provisions of section 536.024.

(L. 1985 H.B. 180, A.L. 1993 S.B. 52, A.L. 1995 S.B. 3)

264.091 - Right of entry.

The director, his assistants, or inspectors shall have the right of entry for the performance of his official duties upon any premises where bees are kept only when the director, his assistants, or inspectors have probable cause to believe that the bees located on such premises are diseased or pest infested.

(L. 1978 S.B. 683 § 9, A.L. 1985 H.B. 180)

264.063 - Quarantined areas outside state — seizure — inspection — eradication.

Whenever the director shall find that there exists in any other state, territory or district or part thereof, any harmful pests or diseases of honey bees, he may promulgate and enforce by appropriate rules, a quarantine prohibiting the importation of or the transportation into or through this state or any portion thereof, from such other state, territory or district, any honey bees, used beekeeping equipment or any other article or product capable of carrying such pests or diseases.The director may make rules for the seizure, inspection, disinfection, eradication, destruction or other disposition of any honey bees, used beekeeping equipment or any other regulated article or product capable of carrying such pests or diseases in violation of this quarantine.

(L. 1985 H.B. 180)

264.071 - Revocation of movement permit, procedure.

Any permit for movement of bees or used beekeeping equipment into the state, or any health certificate, may be revoked for cause by the director.Notice of such revocation shall be in writing and shall be mailed, by certified mail, to the last known address of the holder of the permit or certificate.

(L. 1978 S.B. 683 § 7)

264.061 - Movement permit required, when — form — issuance — fee — verbal authorization.

1.It is unlawful to move, carry, transport or ship bees, combs or used beekeeping equipment into the state of Missouri unless accompanied by a valid permit issued by the director of the department of agriculture.Applications for permit to transport bees or used beekeeping equipment into the state shall be submitted on a form approved by the director.This application form must be accompanied by a certificate of health, issued by the authorized official of the state from which the bees are to be moved, certifying that the bees and used beekeeping equipment have been inspected by an approved inspector, during a period of active brood rearing, within ninety days prior to the proposed date of movement, and that such bees and used beekeeping equipment were found apparently free from any diseases or pests.Each application shall disclose the number of colonies of bees to be transported and a description of the location or locations where said bees are to be kept.Upon receipt of an application for a permit to move bees or used beekeeping equipment into the state, accompanied by a proper certificate of health and an application fee of five dollars per application, the director shall issue the desired permit.This shall not apply to honey bees from quarantined areas outside the state of Missouri.These quarantines shall include all federal, state or Missouri exterior quarantines.Importation of honey bees from quarantined areas shall be in accordance with the rules made pursuant to this chapter.

2.Regardless of the above provisions of this section, the director shall have the authority to issue a permit without inspection to the person or persons owning such bees and equipment if he is satisfied that such bees and equipment were certified and moved from the state of Missouri within ninety days prior to the desired date of reentry and have not been exposed to diseased or pest infected bees or equipment.

3.A verbal authorization may be allowed by the Missouri director if the written permit outlined above has been requested but has not been received by the time that the bees are to be moved.

4.Combless packages of bees or queens, or both, are admitted into Missouri, without a Missouri permit, when accompanied by a valid certificate of inspection from the state of origin stating they are free of diseases and pests.This shall not apply to honey bees from quarantined areas outside the state of Missouri.These quarantines shall include all federal, state or Missouri exterior quarantines.Importation of honey bees from quarantined areas shall be in accordance with the rules made pursuant to this chapter.

(L. 1978 S.B. 683 § 6, A.L. 1985 H.B. 180, A.L. 1989 H.B. 134)

264.065 - Quarantines inside state — seizure — inspection — notice — eradication — lien for expenses.

1.Whenever the director shall find that there exists in this state, or any part thereof, a harmful disease or pest of honey bees new to the state, which, for the protection of the apiculture industry within the state, should be prevented from spreading and be controlled or eradicated, the director may adopt and carry out such restrictive and control measures as may be deemed necessary and advisable and may cooperate with other state agencies and with the United States Department of Agriculture.

2.The director may promulgate rules establishing quarantines and quarantine restrictions covering areas in the state affected by these honey bee diseases or pests, and other areas within the state which are likely to be affected by* such diseases and pests.

3.Under such quarantines the director or authorized personnel may prohibit and prevent the movement, shipment or transportation without inspection of any honey bees, used beekeeping equipment or any other regulated material or article of any character capable of carrying such disease or pest in any living state of its development, originating in or which has been stored in such quarantined areas or in any area outside of the state infested with such disease or pest, except under such conditions as the director may prescribe as to inspection, treatment and certification.In carrying out the provisions of this section the director or authorized personnel may intercept, stop and detain for official inspection any person, car, vessel, boat, truck, automobile, aircraft, wagon or other vehicles or carriers whether air, land or water, and may open and inspect any container or shipment thought to be carrying such disease or pest in any living stage of its development.Any honey bees, used beekeeping equipment or any other regulated articles moved, shipped, or transported in violation of such quarantine may be seized and treated, destroyed or otherwise disposed of in accordance with the instructions of the director.

4.Under such quarantines the director may require the treatment or destruction of infected or infested honey bee colonies as may be necessary to effectively destroy or prevent the development of such diseases and pests of honey bees.It shall be the duty of the owner or person in charge of such apiary or any other thing connected therewith within such quarantined area, upon due notice, to take such action as is required within the time limit specified and in the manner designated by the director.

5.In case the owner or the person in charge of such apiary, used beekeeping equipment or other regulated materials within the quarantined area shall neglect or refuse to carry out the instructions of the director contained in such notice within the time limit specified, the director or authorized personnel may take the action so required, and the director shall have and enforce a lien for the expense thereof against the place in or upon which such expense was incurred in the same manner as liens are had and enforced upon buildings and lots, wharves and piers for labor and materials furnished by virtue of contract with the owner.

(L. 1985 H.B. 180)

*Word "with" appears in original rolls.

264.041 - Inspections, fee — notice — entry — specialized examinations by department of agriculture.

1.Inspection of bees for bee diseases or pests shall be made by the director or an authorized inspector upon the request of any beekeeper, directed to the office of the director, for inspection of bees owned or managed by that beekeeper.A fee shall be charged which is sufficient to cover the cost of the inspection plus the mileage of the inspector at the rate then authorized by the commissioner of administration for reimbursement of expenses of state employees.Fees shall be paid by the owner of the bees at the time of inspection and are not contingent upon certification.

2.The director, by request or suspicion of disease or pests, may inspect or cause to be inspected any apiary or hive.For purposes of inspection, and only when the director has probable cause to believe that the bees of the owner to be inspected are diseased or infested with pests, the director or any authorized inspector shall, after written notice to the owner stating the reasons for such inspection, have free access to all apiaries, buildings or places where bees or beekeeping equipment are kept or stored, and shall have authority to open and examine all beekeeping equipment wherein such bees or honey are kept and stored.Once written notice of inspection has been given to an owner as provided in this subsection, that owner shall not move any hive or hives or bees or bee equipment from the time he receives such notice until either thirty days thereafter or until the time he receives the results of the inspection, whichever occurs first.Any bees kept in anything other than a hive with removable frames such as box hives or other receptacles, natural or artificial, shall be deemed impossible to properly inspect, unless owner of said bees removes the brood or makes accessible for the director or his inspectors to inspect such brood.If the owner refuses or fails to remove the brood or make it accessible for inspection by the director or his inspectors, the director may order the colonies to be transferred to removable frame hives within six months.In the event the order is not carried out, the colonies in other than removable frame hives may be destroyed by the director or his inspectors.No fee will be charged for nonrequested inspection and no certificate will be issued for this type of inspection.

3.Persons desiring to have specialized examinations conducted by the Missouri department of agriculture to determine freedom from diseases or pests may be charged a fee sufficient to cover the cost of such examination.

4.The director, by request or suspicion of the existence of the pest Apis mellifera scutellata (Africanized bee), may inspect or cause to be inspected any property after written notice is sent to the property owner.Any bees found to be Africanized bees may be exterminated.

(L. 1978 S.B. 683 § 4, A.L. 1985 H.B. 180, A.L. 1989 H.B. 134)

264.051 - Certificates of health, expiration — quarantine — eradication.

1.If, by reason of any owner-requested inspection, the director is satisfied that no apparent disease or pest exists in any colony in an apiary, he shall issue to the owner thereof a certificate of health setting out therein the date of the inspection, the number of colonies therein and the results of the inspection.This certificate shall expire ninety days after the inspection.

2.If, by reason of any inspection, the director is satisfied of the existence of any disease or pest, he shall notify the beekeeper owning the apiary, in writing, of the results of the inspection, setting out the number and location of infected colonies and informing him of the proper methods of treating the infected colonies.Any apiary infected with any contagious or infectious bee disease or pest may be declared under quarantine and the owner thereof shall be prohibited from moving such apiary, bees, honey, wax or used beekeeping equipment.The owner shall thereafter eliminate the diseased or pest infested condition within the apiary or equipment, or both, to the satisfaction of the director.The quarantine will then be lifted.If, by the time of the next inspection, which will be no more than one year after the initial inspection, the diseased or pest infested condition has not been eliminated, the director shall supervise the eradication of the diseased or pest infested bees and equipment, or shall otherwise eliminate the diseased or pest infested condition and lift the quarantine on any remaining bees.

(L. 1978 S.B. 683 § 5, A.L. 1985 H.B. 180)

264.101 - Penalties.

Any person who shall violate any provision or requirement of sections 264.011 to 264.101, or who shall forge, counterfeit, deface, destroy, or wrongfully use any certificate provided for in sections 264.011 to 264.101, shall be deemed guilty of a class A misdemeanor.

(L. 1978 S.B. 683 § 10, A.L. 1985 H.B. 180)

264.011 - Title of law.

Sections 264.011 to 264.111 shall be known and may be cited as the "Missouri Apiculture Law".

(L. 1978 S.B. 683 § 1)

264.031 - Inspectors, qualifications, compensation.

Every person appointed by the director as an apiary inspector shall be a practical beekeeper who before his appointment shall furnish the director with satisfactory evidence that he possesses a practical knowledge of beekeeping and is familiar with the diagnosis and treatment of bee diseases or that he is a graduate of an agricultural college with qualifying training in apiculture.The director shall fix reasonable compensation for all employees and contract employees considering the duties performed and the available appropriations.

(L. 1978 S.B. 683 § 3, A.L. 1985 H.B. 180)

264.021 - Definitions.

As used in sections 264.011 to 264.101, unless the context clearly requires otherwise, the following terms mean:

(1)"Apiary", any place or location where one or more colonies or nuclei of bees are kept;

(2)"Authorized official", the state official authorized to inspect apiaries in the state of origin of bees being transported into the state of Missouri;

(3)"Beekeeper", any individual, person, firm, association or corporation owning, possessing or controlling one or more colonies of bees for the production of honey, beeswax or by-products thereof, or for the pollination of crops for either personal or commercial use;

(4)"Beekeeping equipment", all hives, supers, frames or other devices used in the rearing or manipulation of bees, their brood, honey or containers thereof which may be or may have been used in any apiary;

(5)"Bees", any stage of the common honey bee, Apis mellifera, or other bees kept for the production of honey or wax or existing in the wild or feral state;

(6)"Colony", the bees inhabiting a single hive, nuclei box or other dwelling place;

(7)"Director", the director of the state department of agriculture;

(8)"Disease", American or European foulbrood and any other infectious, contagious or communicable disease affecting bees or their brood;

(9)"Eradicate", the complete destruction of infected or undesirable bees and equipment by burning or treatment approved by the state entomologist;

(10)"Extermination", the complete destruction of bee colonies;

(11)"Hive", any domicile with removable frames for keeping bees;

(12)"Inspector", a person appointed by the director to check for diseased conditions or pest infestations in one or more apiaries or bees in the wild or feral state as authorized by this chapter;

(13)"Pests", the honey bee mite, Acarapis woodi; the varroa mite, Varroa jacobsoni; the Africanized honey bee, Apis mellifera scutellata; and any other arthropod pest detrimental to honey bees.