CHAPTER 8. APIARIES
IC 14-24-8
Chapter 8. Apiaries
IC 14-24-8-1
Examinations
Sec. 1. The division may examine an apiary in Indiana todetermine if a pest or pathogen is present.
As added by P.L.1-1995, SEC.17.
IC 14-24-8-2
Notice to destroy pests or pathogens
Sec. 2. (a) If a pest or pathogen is discovered as a result of aninspection under this chapter, the division shall provide a writtennotice of the discovery to the person that owns or controls the apiary.
(b) The notice must include the following:
(1) A description of the action needed to destroy or control thepest or pathogen.
(2) The date by which the action must be taken.
(c) The notice may provide that bees may not be sold ortransported from the apiary until the pest or pathogen is successfullytreated. The notice may require that bees shall be transferred tomovable frame hives within a specified time and that, if the transferis not performed as specified, the division director may order thedestruction of all hives and bees dwelling in the hives.
(d) A written notice issued under this section is effective whenserved. A person who is aggrieved by the notice may requestadministrative review under IC 4-21.5-3-6. In addition, an aggrievedperson may seek temporary relief from the notice under IC 4-21.5-4.Unless otherwise agreed by the parties, a hearing on temporary reliefmust be conducted within five (5) days of receipt of the hearingrequest in the county where the apiary is located.
As added by P.L.1-1995, SEC.17.
IC 14-24-8-3
Notices of violation
Sec. 3. (a) The division may issue a notice of violation to a personagainst whom a written notice is directed under section 2 of thischapter if the person does not:
(1) comply with the directives contained in the notice; or
(2) request a hearing under section 2(d) of this chapter.
This subsection does not preclude the issuance of a notice ofviolation if the department receives a final determination in thedepartment's favor from the review of a written notice issued undersection 2 of this chapter.
(b) A notice of violation under subsection (a) may beaccompanied by a civil penalty of not more than five hundred dollars($500) for each day a violation continues.
(c) A notice of violation and penalty issued under this section issubject to IC 4-21.5-3-6.
As added by P.L.1-1995, SEC.17.
IC 14-24-8-4
Imported beekeeping elements
Sec. 4. (a) A beekeeper may not ship or bring elements ofbeekeeping into Indiana from another state or country unless theelements of beekeeping are accompanied by a permit issued by thedivision under this section.
(b) An application for a permit to ship elements of beekeepinginto Indiana from another state or country must be on a commissionform and accompanied by a certificate from the place of origin. Thecertificate must state that the following conditions have been met:
(1) The apiary from which elements of beekeeping, exceptqueens and combless bees, are to be shipped was inspected notmore than thirty (30) days before shipment.
(2) The apiary from which the queens or combless bees are tobe shipped into Indiana was inspected not more than sixty (60)days before shipment.
(3) The inspection took place during active brood rearing andwas found free of pests and pathogens.
(c) The permit application must state the approximate date ofproposed entry into Indiana and the final destination of the shipment.
(d) The division may enter a written order for the removal ofelements of beekeeping shipped into Indiana in violation of thissection. A person in charge or in possession of property described inthe order shall comply with the order as soon as practicable and notlater than five (5) days after service.
(e) The division shall destroy elements of beekeeping shipped intoIndiana that contain a pest or pathogen.
As added by P.L.1-1995, SEC.17.
IC 14-24-8-5
Noncompliance with order to destroy pests or pathogens
Sec. 5. (a) If a person in charge or in possession of elements ofbeekeeping does not carry out an order issued under:
(1) this chapter; or
(2) IC 14-7-8 (before its repeal);
the department may proceed to treat or destroy the elements ofbeekeeping that contain a pest or pathogen.
(b) The division director shall certify the expense incurred by thedepartment to the county auditor of the county where the property islocated. The county auditor shall place the certified amount upon thetax duplicate. The amount shall be collected at the same time and inthe same manner that state and county taxes are collected and paidover to the department.
As added by P.L.1-1995, SEC.17.