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CHAPTER 7 - APIARY REGISTRATION AND INSPECTION

 

ARTICLE 1 - GENERAL PROVISIONS

 

11-7-101. Repealed by Laws 1979, ch. 64, 2.

 

11-7-102. Repealed by Laws 1979, ch. 64, 2.

 

11-7-103. Repealed by Laws 1979, ch. 64, 2.

 

11-7-104. Repealed by Laws 1979, ch. 64, 2.

 

11-7-105. Repealed by Laws 1979, ch. 64, 2.

 

11-7-106. Repealed by Laws 1979, ch. 64, 2.

 

11-7-107. Repealed by Laws 1979, ch. 64, 2.

 

11-7-108. Repealed by Laws 1979, ch. 64, 2.

 

11-7-109. Repealed by Laws 1979, ch. 64, 2.

 

11-7-110. Repealed by Laws 1979, ch. 64, 2.

 

11-7-111. Repealed by Laws 1979, ch. 64, 2.

 

11-7-112. Repealed by Laws 1979, ch. 64, 2.

 

11-7-113. Repealed by Laws 1979, ch. 64, 2.

 

11-7-114. Repealed by Laws 1979, ch. 64, 2.

 

11-7-115. Repealed by Laws 1979, ch. 64, 2.

 

11-7-116. Repealed by Laws 1979, ch. 64, 2.

 

11-7-117. Repealed by Laws 1979, ch. 64, 2.

 

11-7-118. Repealed by Laws 1983, ch. 7, 2.

 

11-7-119. Repealed by Laws 1983, ch. 7, 2.

 

11-7-120. Repealed by Laws 1983, ch. 7, 2.

 

11-7-121. Repealed by Laws 1983, ch. 7, 2.

 

11-7-122. Repealed by Laws 1983, ch. 7, 2.

 

11-7-123. Repealed by Laws 1983, ch. 7, 2.

 

11-7-124. Repealed by Laws 1983, ch. 7, 2.

 

11-7-125. Repealed by Laws 1983, ch. 7, 2.

 

11-7-126. Repealed by Laws 1983, ch. 7, 2.

 

11-7-127. Repealed by Laws 1983, ch. 7, 2.

 

11-7-128. Repealed by Laws 1983, ch. 7, 2.

 

11-7-129. Repealed by Laws 1983, ch. 7, 2.

 

11-7-130. Short title.

 

This chapter may be cited as the"Wyoming Apiculture Act".

 

11-7-131. Definitions.

 

(a) As used in this chapter:

 

(i) "Apiary" means a place where one (1) or morecolonies of bees or one (1) or more hives containing honeycombs or bee combsare kept;

 

(ii) "Bee diseases" means American or Europeanfoulbrood, sacbrood, bee paralysis or other disease or abnormal condition ofthe egg, larval, pupal or adult stages of bees, including bee parasites and beepests;

 

(iii) "Bees" means any stage of the life cycle in thegenus Apis;

 

(iv) "Colony" means the bees, hive and all equipmentused in connection with the hive;

 

(v) "Comb" means the brood chamber used by the queenfor the protection of brood;

 

(vi) "Department" means the department of agriculture;

 

(vii) "Equipment" means hives, supers, frames, veils,gloves or any apparatus, tools, machines or other devices used in the handlingand manipulation of bees, honey, wax and hives and includes any container ofhoney and wax which may be used in an apiary or in transporting bees and theirproducts and apiary supplies;

 

(viii) "Family unit" means two (2) or more personsliving together or residing in the same dwelling, house or other place ofresidence;

 

(ix) "General apiary" means any apiary other than apollination apiary, landowner apiary or hobbyist apiary;

 

(x) "Hive" means a frame hive, box hive, box, barrel,log gun, skep or other receptacle or container or a part of a container,natural or artificial, which may be used as a domicile for bees;

 

(xi) "Hobbyist apiary" means an apiary owned by ahobbyist beekeeper;

 

(xii) "Hobbyist beekeeper" means a person who owns atotal of not more than five (5) hives;

 

(xiii) "Landowner" means the person who has the actualuse and exclusive possession of the land upon which a landowner apiary is to beregistered, except that a person leasing or renting land for the primarypurpose of locating or establishing an apiary thereon is not considered alandowner;

 

(xiv) "Landowner apiary" means an apiary owned by alandowner as defined in this section;

 

(xv) "Person" means any individual, association,partnership or corporation;

 

(xvi) "Pollination apiary" means an apiary operated forpollination of commercial seed, fruit or other commercial agricultural productas provided in W.S. 11-7-203;

 

(xvii) "Queen apiary" means an apiary or premises inwhich queen bees are reared or kept for sale or gift;

 

(xviii) "Bee parasites" means mites, including but notlimited to varroa mites and tracheal mites;

 

(xix) "Bee pests" means insects, including but notlimited to small hive beetles and red imported fire ants;

 

(xx) "General beekeeper" means a person who owns morethan five (5) hives and manages and operates the bees and the hives;

 

(xxi) "Global positioning system or GPS" means a devicethat provides accuracy in positioning using latitude and longitude coordinates;

 

(xxii) "Holding yard" means an area where colonies aretemporarily placed prior to leaving the state or returning from pollination inanother state;

 

(xxiii) "Spray yard" means a temporary location wherecolonies are moved prior to any pesticide application in the area of thebeekeeper's registered location.

 

11-7-132. Disposition of fees.

 

Registration and inspection fees collectedunder this chapter shall be transmitted by the department to the statetreasurer for deposit in the general fund.

 

11-7-133. Penalties.

 

Any person who violates any provision ofthis chapter is guilty of a misdemeanor and upon conviction shall be fined notmore than five hundred dollars ($500.00) or imprisoned in the county jail fornot more than six (6) months, or both. Each day the violation continuesconstitutes a separate offense.

 

ARTICLE 2 - REGISTRATION

 

11-7-201. Apiary registration; procedure; information; conditions;penalties.

 

(a) Any person who owns or possesses any class of apiary inthis state shall register that apiary with the department before April 1 ofeach year.

 

(b) Application for registration shall be made to thedepartment on forms it prescribes and furnishes and shall include:

 

(i) The applicant's name and address;

 

(ii) The total number of colonies of bees the beekeeper owns;

 

(iii) The location of the apiary, setting forth specifically thelocation by sectional division to the nearest quarter section, the township andrange and the latitude and longitude coordinates, or if within the corporatelimits of a municipality, the number of the lot and block in the municipalityincluding street address and the latitude and longitude coordinates determinedusing GPS. All new registrations shall include latitude and longitudecoordinates. Effective July 1, 2012, latitude and longitude coordinates shallbe required for all apiary registrations;

 

(iv) The name of the owner, renter or occupant of the land onwhich the apiary is located and, if the application is for an apiary beingregistered for the first time, it shall also show that the owner, renter oroccupant of the land has consented to the apiary being located on his land;

 

(v) The date the apiary was first established which shall beincluded for each location on yearly apiary renewal applications; and

 

(vi) The class of apiary registration for which application isbeing made.

 

(c) Upon receipt of the application and payment of the fees,the department may issue a certificate of registration for an apiary, settingforth:

 

(i) The name of the owner;

 

(ii) The specific location of the apiary; and

 

(iii) The class of apiary authorized.

 

(d) In issuing certificates of registration for apiaries, ifthere is a conflict between applicants with respect to location, the departmentshall give preference to the applicant having the oldest, continuous apiaryregistration.

 

(e) Certificates of registration shall not be issued for newapiaries which are within such close proximity to established registeredapiaries that there is danger of spread of bee diseases, bee parasites or beepests or that the proximity may interfere with the proper feeding and honeyflow of established apiaries.

 

(f) Each apiary registrant shall post in a conspicuous locationat or near each apiary he owns legible evidence of registration, including hisname and telephone number.

 

(g) The department shall notify each registrant of hisdelinquency, if that registrant fails to reregister by April 1 of each year.The notification shall be by certified mail and is sufficient if deposited in aUnited States post office or mail box at least ten (10) days before May 1 andaddressed to the registrant at his last address appearing in the department'sapiary registration files. Any apiary registration which has not been receivedby May 1 of each year is forfeited and all rights under the registrationterminate.

 

(h) Any person who owns or possesses any bees, hives, coloniesor beekeeping equipment in this state or who owns or possesses an apiary inthis state and who fails or refuses to register that apiary as provided in thischapter is guilty of a misdemeanor and upon conviction thereof is subject tothe penalties set forth in W.S. 11-7-133.

 

(j) Repealed By Laws 2010, Ch. 14, 3.

 

11-7-202. General apiary registrations.

 

(a) In order to control, limit and prevent the spread of beediseases, bee parasites or bee pests among bees, hives and apiaries and to control,limit and prevent interference with proper feeding and honey flow ofestablished apiaries, general apiaries registered to different persons shall belocated at least two (2) miles apart, except as otherwise provided in thisarticle. The department shall not register or issue a certificate ofregistration for any general apiary that is located less than two (2) milesfrom a general apiary registered to another person, except as otherwiseprovided in this section.

 

(b) Any person may register a general apiary that is situatedless than two (2) miles from another general apiary he has registered, if thelocation of the general apiary being applied for is at least two (2) miles fromgeneral apiaries registered to other persons.

 

(c) A general apiary may be registered even though it is lessthan two (2) miles from any registered pollination apiary, landowner apiary orhobbyist apiary.

 

(d) A person with an existing apiary that is located less thantwo (2) miles from an existing general apiary registered to another person mayregister his apiary as a general apiary under the following conditions:

 

(i) His apiary is established and registered with thedepartment as a general apiary under the department's rules in effect prior toDecember 31, 2009; and

 

(ii) The registration of his apiary has not been forfeited orabandoned.

 

11-7-203. Pollination apiary registrations.

 

 

(a) The department may grant pollination apiary registrationsto commercial seed and fruit producers or other commercial agricultural producersunder the following conditions:

 

(i) The applicant must own, lease or rent the land upon whichthe pollination apiary is to be located and the applicant must use the land forthe purpose of growing a commercial seed, fruit or other crop which isdependent upon bees or other insects for pollination;

 

(ii) The applicant does not own the bees or the hives which areto be placed upon the pollination apiary;

 

(iii) The only purpose of the apiary is to pollinate a commercialagricultural crop;

 

(iv) The applicant shall provide the department with allpertinent information necessary to determine if pollination apiaries are neededto pollinate the applicant's crop adequately;

 

(v) The department may refuse to register a pollination apiarybased upon its own investigation of the matter, but if the department approvesthe application, it shall specify the number of hives and location ofpollination apiaries needed for the purpose of pollinating the applicant'scommercial agricultural crop adequately; and

 

(vi) A copy of the pollination contract between the seedgrowerand beekeeper shall be sent to the department.

 

(b) A pollination apiary registration is valid only for thetime period the department specifies, and all pollination apiaries shall beremoved within two (2) weeks after the end of the bloom period of the crop tobe pollinated.

 

(c) No certificate of registration of a pollination apiary maybe leased, assigned or transferred and no person other than the pollinationapiary registrant may exercise in any way any rights or privileges authorizedby the certificate of registration.

 

11-7-204. Landowner apiary registrations.

 

 

(a) The department may grant landowner apiary registrationsunder the following conditions:

 

(i) The applicant shall be a landowner, as defined in W.S.11-7-131(a)(xiii) and shall own the land upon which the apiary will be located;

 

(ii) The applicant shall own the bees and the hives that will beplaced on the apiary; and

 

(iii) The applicant shall personally manage and operate the beesand the hives.

 

(b) No certificate of registration of a landowner apiary shallbe leased, assigned or transferred and no person other than the landownerapiary registrant shall exercise in any way any rights or privileges authorizedby the certificate of registration.

 

11-7-205. Hobbyist apiary registrations.

 

(a) The department may grant hobbyist apiary registrations tohobbyist beekeepers under the following conditions:

 

(i) The applicant shall not own a total of more than five (5)hives, and all of the hives must be placed on the hobbyist apiary;

 

(ii) The applicant shall own the bees and the hives and shallpersonally manage and operate the bees and the hives;

 

(iii) Only one (1) hobbyist registration is allowed an applicantand only two (2) hobbyist apiary registrations are allowed a family unit; and

 

(iv) If the department determines that too many hobbyistapiaries are being registered within too close proximity of each other or ofother established apiaries so that there is danger of the spread of beediseases, bee parasites or bee pests among bees or apiaries or that there willbe interference with the proper feeding and honey flow of established apiaries,the department may refuse to grant any further hobbyist registrations in thelocality and area of the danger.

 

(b) No certificate of registration of a hobbyist apiary may beleased, assigned or transferred, and no person other than the hobbyist apiaryregistrant may exercise in any way any rights or privileges authorized by thecertificate of registration.

 

11-7-206. Restrictions on apiary locations.

 

Pollination apiaries, landowner apiariesand hobbyist apiaries may be located less than two (2) miles from pollinationapiaries, landowner apiaries, hobbyist apiaries and general apiaries registeredto other persons. General apiaries may be located within two (2) miles of oneanother only under the provisions of W.S. 11-7-202.

 

11-7-207. Changing locations; enlarging or selling apiaries.

 

 

(a) No owner of an established registered apiary shall changethe location of the apiary without first receiving from the departmentauthorization to establish the new apiary. In making the application, the ownershall specify the location of the apiary with the same particularity as in theapplication for original registration. If the new apiary is not used accordingto W.S. 11-7-211, the certificate of registration lapses and all rights underthe registration terminate. Registrations for new apiaries shall not be issuedfor greater areas than the applicant can show are reasonably necessary for hisneeds consistent with good beekeeping practice.

 

(b) A registered apiary may be sold or transferred to apurchaser subject to applicable provisions of this chapter if all bees and equipmenton the apiary are sold to the purchaser.

 

(c) No person may increase the number of hives on an apiary toexceed the number of hives consistent with good beekeeping practices authorizedby his certificate of registration for that apiary, except that a person mayincrease the number of hives on a general apiary beyond the number authorizedby the certificate of registration in order to protect his bees and hives frombears or other predators. A person may also enlarge a general apiary during thespring buildup and in the fall after the end of the honey season in order togather his bees for shipment out of the state or to winter his bees on thatapiary.

 

11-7-208. New locations; evidence of owner's or manager's permission.

 

Any person registering a new location forthe first time shall have the approval signature of the landowner or managerthereof indicating that the landowner has given permission to place an apiaryon his property.

 

11-7-209. Minimum number of colonies.

 

All registered bee locations must consistof not less than ten (10) colonies of bees during a minimum of forty-five (45)or more continuous days during any part of normal buildup or honey producingperiod of the year. This provision does not apply to beekeepers who own a totalof less than five (5) colonies of bees registered in only one (1) apiary.

 

11-7-210. Normal buildup and honey producing season; registrationtime; voiding registration.

 

 

(a) The normal buildup and honey producing season begins on May1 and continues through September 30.

 

(b) The regular registration time consists of the months ofFebruary through April.

 

(c) The established way for voiding the registration of anapiary shall be initiated and completed by January 31 during the sameregistration year that the apiary was not in use.

 

11-7-211. Forfeit of registration; termination of rights; dispositionof equipment.

 

 

(a) The registration of an apiary which is not stocked withbees during at least forty-five (45) continuous days of the normal buildup or honeyproducing season is forfeited and all rights under the certificate ofregistration terminate.

 

(b) An apiary not regularly attended in accordance with goodbeekeeping practice, which comprises a hazard or threat to disease control inthe beekeeping industry or which by reason of its physical condition orconstruction cannot be inspected, may be considered an abandoned apiary and maybe seized by the department. Any diseased equipment or equipment which byreason of its physical condition or construction cannot be inspected may beburned, and any remaining equipment may be sold at public auction. Proceeds,after the cost of the sale is deducted, shall be returned to the former owneror his estate. Before burning or selling any equipment, the department shallgive the owner or person in charge a written notice at least five (5) daysbefore the burning or sale. The notice shall be given by certified mail orpersonal service upon the owner or person in charge of the property. If theowner or person in charge cannot be located, a certified letter sent to theowner's last address registered with the department is sufficient notice underthis section.

 

11-7-212. Registration fees.

 

 

(a) Each year before a certificate of registration may beissued for an apiary, the owner or applicant for the certificate shall pay thedepartment a registration fee in the amount authorized by W.S. 11-1-104, withthe exception of those apiaries classified as hobbyist apiaries, which will beissued a nonfee certificate of registration.

 

(i) Repealed by Laws 1993, ch. 135, 3.

 

(ii) Repealed by Laws 1993, ch. 135, 3.

 

(iii) Repealed by Laws 1993, ch. 135, 3.

 

(iv) Repealed by Laws 1993, ch. 135, 3.

 

(v) Repealed by Laws 1993, ch. 135, 3.

 

(vi) Repealed by Laws 1993, ch. 135, 3.

 

(vii) Repealed by Laws 1993, ch. 135, 3.

 

(viii) Repealed by Laws 1993, ch. 135, 3.

 

(ix) Repealed by Laws 1993, ch. 135, 3.

 

(x) Repealed by Laws 1993, ch. 135, 3.

 

(xi) Repealed by Laws 1993, ch. 135, 3.

 

(b) Repealed by Laws 1993, ch. 135, 3.

 

11-7-213. Holding yard apiary location.

 

(a) The department may grant a certificate of registration fora temporary holding yard location to provide an area for holding hives prior toand after returning from pollination of a commercial agricultural crop inanother state.

 

(b) A temporary holding yard location shall not be used forplanned honey production.

 

(c) A general beekeeper shall provide the department locationinformation for all temporary holding yard locations by designating the yardname and latitude and longitude coordinates which shall be included on theyearly renewal application and designated with "HY" for holding yard,as the authorized class.

 

(d) A colony may be held at a temporary holding yard locationfor not more than two (2) months during the spring and for not more than two(2) months during the fall.

 

11-7-214. Spray yard apiary location.

 

(a) The department may grant a certificate of registration fora spray yard apiary location to provide an area for holding hives duringpesticide application to allow a safe haven for the health and safety of thebees.

 

(b) A spray yard apiary location shall not be used for plannedhoney production.

 

(c) Any hive shall not be held at a spray yard apiary locationfor more than sixteen (16) days after any pesticide application and the hivethen shall be returned to the registered location.

 

(d) A general beekeeper shall notify the department or theapiary inspector when hives are moved to spray yard apiary locations.

 

11-7-215. Variance agreements.

 

(a) Upon request from a general beekeeper, the department mayenter into a variance agreement with the general beekeeper because of droughtconditions, crop rotation, conservation reserve program acres or otherunforeseen circumstances adverse to a yard location.

 

(b) Following a thorough investigation of each request undersubsection (a) of this section, the department shall determine whether or notto enter into the requested variance agreement. If granted, a varianceagreement shall contain an expiration date, after which the bees shall bereturned to the original registered location. Failure to return the bees tothe original registered apiary location shall cause that registered apiarylocation to be forfeited.

 

(c) Signed copies of a variance agreement between a beekeeperand the department shall be on file in the department's Cheyenne office andwith the area apiary inspector and the beekeeper.

 

ARTICLE 3 - INSPECTION AND CERTIFICATION - APIS BEES

 

11-7-301. Apiaries; powers and duties of the department.

 

(a) To prevent the spread of bee diseases, bee parasites or beepests among bees and apiaries, to protect apiaries against depredation bywildlife and to assist law enforcement agencies in an effort to alleviatelosses due to theft, the department may:

 

(i) Order the transfer of colonies of bees from hives orcontainers which cannot be properly examined for brood or other bee diseases,bee parasites or bee pests to other hives or containers;

 

(ii) Order disinfection of any bee, beehive, brood comb or anyother equipment which is infected or contaminated and burn any infected orcontaminated bee, beehive, brood comb or any other equipment if, in itsjudgment, disinfection will not remove the infection or contamination. Beforeburning any property, the department shall give the owner or person in charge awritten notice at least ten (10) days before the date on which the propertywill be burned. The notice shall be given by certified mail or personal serviceupon the owner or person in charge of the property;

 

(iii) Quarantine any apiary where foulbrood or any contagious orinfectious bee diseases, bee parasites or bee pests are present and, during thequarantine, prevent the removal from the apiary of any bees or equipment exceptunder a special permit issued by the department permitting the removal underconditions it prescribes. A person may not sell or offer for sale any apiary,bees or equipment which are under quarantine unless the department issues apermit authorizing the sale or removal. Written notice of quarantine shall beposted by the department, owner or person in charge at the quarantined apiaryat a conspicuous place, and a copy shall be personally served or sent bycertified mail to the owner of the apiary or person in charge. The quarantinecontinues in effect until it is ordered removed and a copy of the removal orderserved in the same manner;

 

(iv) Inspect any apiary, hives, equipment or premises for thepresence of bee diseases, bee parasites or bee pests. Hives belonging topersons owning apiaries within the state shall be inspected for contagiousdiseases according to schedules established by the department. Apiaryinspectors shall establish the date for the inspection of any apiary with thebeekeeper. The inspection date shall be agreeable to the inspector and thebeekeeper and shall include a total of seven (7) consecutive days upon whichthe inspection can be undertaken due to weather and unforeseen circumstances. Any beekeeper responsible for an apiary who refuses an inspection on any of theseven (7) agreed upon dates is subject to penalties provided pursuant to W.S.11-7-133;

 

(v) Order the hives within an apiary which is not legallyregistered with the state to be confiscated. The owner of the apiary shall benotified at least seven (7) days prior to the date of confiscation.Notification shall be by certified mail addressed to the last known address ofthe owner or by personal service upon the owner;

 

(vi) Promulgate and enforce rules adopted to carry out thepurpose of this chapter;

 

(vii) Enter into agreements with the game and fish commission asnecessary to protect bees and hives against wild animals;

 

(viii) Assist any sheriff, peace officer or district attorney inany county in the discharge of their duties or investigations relating to theapiary industry.

 

(b) Any owner of bees possessing more than fifty (50) coloniesshall furnish one (1) helper to assist the inspector. Apiary inspectors mayinspect bee colonies at any time without previous notice.

 

(c) Any person failing to comply with a rule, order orprovision of a quarantine pursuant to this section is subject to penaltiesprovided in W.S. 11-7-133.

 

11-7-302. Importation of bees, combs or hives.

 

(a) A beekeeper shall notify the department and request aninspection to be conducted at any specified registered location or holding yardnot later than fourteen (14) days after entry of any colony into this state. Following an inspection for colony health, the department may issue an exportcertificate for any colony imported into Wyoming. An export certificate isvalid for one (1) year and allows export from and re-entry into Wyoming at anyport of entry.

 

(b) Bees shipped on combless packages or in packages on newframes and new foundation are not prohibited.

 

(c) Comb honey in sections intended for human consumption isnot prohibited.

 

(d) All package bees shipped into Wyoming shall be accompaniedby an affidavit stating that no honey has been used for food in transit. It isunlawful for anyone shipping queen bees in cages into this state to use anyhoney for queen cage foods.

 

(e) If an official Wyoming apiary inspector finds that any beesimported into the state have infectious or contagious diseases within fourteen(14) days after arrival, the apiary inspector shall destroy the diseased beesand equipment.

 

ARTICLE 4 - ALFALFA LEAF-CUTTER BEE

 

11-7-401. Definitions.

 

(a) As used in this act:

 

(i) "Bee" means any stage in the life cycle of a beeof the species Megachile rotundata (F), commonly known as the alfalfaleaf-cutter bee;

 

(ii) "Certification" means the process of analyzingbees and equipment by the department to determine whether they meet therequired health standards;

 

(iii) "Department" means the department of agriculture;

 

(iv) "Equipment" means trays, incubators, cellremovers, tumblers and other apparatus used in rearing bees excluding nestingmaterials;

 

(v) "Nesting materials" means shelters, laminates,polyblocks, drilled boards or any other product which leaf-cutter bees actuallyuse for nesting;

 

(vi) "Parasite" means an organism living in or on anystage of the alfalfa leaf-cutter bee obtaining nutriment from the body of thebee or nesting material;

 

(vii) "Pathogen" means an organism, parasite orotherwise, that causes disease in the alfalfa leaf-cutter bee;

 

(viii) "Wild trap" means to trap bees on property notowned by the trapper;

 

(ix) "This act" means W.S. 11-7-401 through 11-7-407;

 

(x) "Sanitization" means any treatment includingiodine, heat, chlorine or any other method approved by the department.

 

11-7-402. Duties and powers of department.

 

(a) The department shall:

 

(i) Administer this act;

 

(ii) By rule or regulation adopt minimum standards for thepresence of pathogens and parasites in bees to be certified, imported andpossessed or controlled in this state;

 

(iii) Whenever it has reasonable cause to believe a person is inpossession of any diseased or parasitized bee or equipment or otherwisepossesses any bee or equipment in violation of this act or rules adopted underthis act, order a quarantine of the suspected bees or equipment and may requireany person in possession of such bees to hold them under specified conditionsuntil notified otherwise in writing;

 

(iv) Release any quarantine or order to hold bees upon a findingthat the bees and equipment are possessed in compliance with this act.

 

(b) The department may:

 

(i) Enter into agreements with other governmental agencies orprivate associations in carrying out the provisions of this act;

 

(ii) Enter upon any public or private premises to inspect andsample bees or equipment that may be diseased or parasitized;

 

(iii) Quarantine any bees or equipment found to be infected with pathogensor parasites at a level exceeding certification standards;

 

(iv) Order the sanitization or destruction of any bees orequipment that is infected with parasites or pathogens and that does not meetcertification standards.

 

11-7-403. Annual certification; application; inspection of sample;recertification; fees.

 

(a) No person shall import, possess or control alfalfaleaf-cutter bees in this state unless the bees are certified annually underthis section.

 

(b) To certify bees, a person shall file a completedapplication form provided by the department together with the certification andlaboratory fees. Certification and laboratory fees shall be established by thedepartment for each pound of bees certified. The applicant must provide at leastthe following:

 

(i) Name and place of residence;

 

(ii) The general location and number of bees to be registered;and

 

(iii) Other relevant information as required by departmentregulation.

 

(c) After receipt of an application for certification, a sampleof the total population of bees to be certified shall be selected by thedepartment or its agent in a manner prescribed by the department. The sampleshall be inspected for pathogens and parasites. If no pathogens or parasites inexcess of certification standards are found, the sample shall be reportedwithin certifiable limits.

 

(d) When the department receives a completed application form,a certification fee and a report that the sample is within certifiable limits,it shall issue a certificate for the bees.

 

(e) The department shall specify the date by which anyapplicant must apply for recertification the following year.

 

(f) Fees collected under this act shall be deposited into aseparate account and expended for administration and enforcement of this act. In administering and enforcing the provisions of this act, the department, by aseparately negotiated agreement with another governmental agency or a privateassociation as authorized by W.S. 11-7-402(b)(i), may make the fees available forexpenditure by that agency or association. Any such agency or association shallbe required to submit an annual budget to the department for its review andapproval prior to the expenditure of any funds under this section.

 

11-7-404. Importation restrictions.

 

(a) No bee shall be imported into this state except under theprovisions of this section.

 

(b) Prior to the importation of any bee, the importer shallfile a completed application form as required under W.S. 11-7-403(b) andarrange a date and time for inspection.

 

(c) Prior to certification, each bee and associated transportequipment shall be quarantined.

 

(d) No bee shall be imported except in loose cells or asadults. No bee shall be imported in a drilled board, soda straw or otherequipment that prevents adequate inspection of the bee.

 

(e) A representative sample of the population of bees importedshall be inspected as the basis for certification.

 

(f) No person shall import used nesting materials.

 

(g) No bee shall be certified unless all other requirements forcertification under W.S. 11-7-403 are met.

 

(h) Used metal or plastic equipment may be imported with priorwritten notice to the department. Used equipment shall be sanitized prior toentry into this state and immediately after entry as provided by W.S.11-7-401(a)(x).

 

(j) Any person not already owning or having leaf-cutter bees inWyoming who imports leaf-cutter bees for the first time into an area where noleaf-cutter bees have previously been placed by that person shall meet thestandards for unconditional leaf-cutter bee certification established by rulesand regulations adopted by the department.

 

11-7-405. Restrictions on rearing, moving and trapping bees; permits;fees.

 

(a) No person shall rear any bee in a nesting material fromwhich samples of loose larval cells cannot readily be obtained such as drilledboards or soda straws.

 

(b) No person shall move any quarantined bee or equipmentexcept by special permit issued by the department.

 

(c) No person may wild trap or attempt to wild trap bees unlessthat person has been issued a permit to wild trap in accordance with rulesadopted by the department.

 

(d) The permits under subsections (b) and (c) of this sectionshall be issued under rules adopted by the department. The department shall byrule establish a reasonable fee for each permit.

 

11-7-406. Penalty.

 

Any person who violates this act is guiltyof a misdemeanor punishable by a fine of not more than seven hundred fiftydollars ($750.00). Each day a violation of this act continues is a separateoffense.

 

11-7-407. Laboratory authorized; fees for services.

 

The department may develop and maintain alaboratory at the University of Wyoming agriculture extension center at Powellto provide analytical services required under this act and may authorize thelaboratories to provide services to persons possessing bees or equipment bycharging a fee equal to the cost of providing those services.

 

State Codes and Statutes

Statutes > Wyoming > Title11 > Chapter7

CHAPTER 7 - APIARY REGISTRATION AND INSPECTION

 

ARTICLE 1 - GENERAL PROVISIONS

 

11-7-101. Repealed by Laws 1979, ch. 64, 2.

 

11-7-102. Repealed by Laws 1979, ch. 64, 2.

 

11-7-103. Repealed by Laws 1979, ch. 64, 2.

 

11-7-104. Repealed by Laws 1979, ch. 64, 2.

 

11-7-105. Repealed by Laws 1979, ch. 64, 2.

 

11-7-106. Repealed by Laws 1979, ch. 64, 2.

 

11-7-107. Repealed by Laws 1979, ch. 64, 2.

 

11-7-108. Repealed by Laws 1979, ch. 64, 2.

 

11-7-109. Repealed by Laws 1979, ch. 64, 2.

 

11-7-110. Repealed by Laws 1979, ch. 64, 2.

 

11-7-111. Repealed by Laws 1979, ch. 64, 2.

 

11-7-112. Repealed by Laws 1979, ch. 64, 2.

 

11-7-113. Repealed by Laws 1979, ch. 64, 2.

 

11-7-114. Repealed by Laws 1979, ch. 64, 2.

 

11-7-115. Repealed by Laws 1979, ch. 64, 2.

 

11-7-116. Repealed by Laws 1979, ch. 64, 2.

 

11-7-117. Repealed by Laws 1979, ch. 64, 2.

 

11-7-118. Repealed by Laws 1983, ch. 7, 2.

 

11-7-119. Repealed by Laws 1983, ch. 7, 2.

 

11-7-120. Repealed by Laws 1983, ch. 7, 2.

 

11-7-121. Repealed by Laws 1983, ch. 7, 2.

 

11-7-122. Repealed by Laws 1983, ch. 7, 2.

 

11-7-123. Repealed by Laws 1983, ch. 7, 2.

 

11-7-124. Repealed by Laws 1983, ch. 7, 2.

 

11-7-125. Repealed by Laws 1983, ch. 7, 2.

 

11-7-126. Repealed by Laws 1983, ch. 7, 2.

 

11-7-127. Repealed by Laws 1983, ch. 7, 2.

 

11-7-128. Repealed by Laws 1983, ch. 7, 2.

 

11-7-129. Repealed by Laws 1983, ch. 7, 2.

 

11-7-130. Short title.

 

This chapter may be cited as the"Wyoming Apiculture Act".

 

11-7-131. Definitions.

 

(a) As used in this chapter:

 

(i) "Apiary" means a place where one (1) or morecolonies of bees or one (1) or more hives containing honeycombs or bee combsare kept;

 

(ii) "Bee diseases" means American or Europeanfoulbrood, sacbrood, bee paralysis or other disease or abnormal condition ofthe egg, larval, pupal or adult stages of bees, including bee parasites and beepests;

 

(iii) "Bees" means any stage of the life cycle in thegenus Apis;

 

(iv) "Colony" means the bees, hive and all equipmentused in connection with the hive;

 

(v) "Comb" means the brood chamber used by the queenfor the protection of brood;

 

(vi) "Department" means the department of agriculture;

 

(vii) "Equipment" means hives, supers, frames, veils,gloves or any apparatus, tools, machines or other devices used in the handlingand manipulation of bees, honey, wax and hives and includes any container ofhoney and wax which may be used in an apiary or in transporting bees and theirproducts and apiary supplies;

 

(viii) "Family unit" means two (2) or more personsliving together or residing in the same dwelling, house or other place ofresidence;

 

(ix) "General apiary" means any apiary other than apollination apiary, landowner apiary or hobbyist apiary;

 

(x) "Hive" means a frame hive, box hive, box, barrel,log gun, skep or other receptacle or container or a part of a container,natural or artificial, which may be used as a domicile for bees;

 

(xi) "Hobbyist apiary" means an apiary owned by ahobbyist beekeeper;

 

(xii) "Hobbyist beekeeper" means a person who owns atotal of not more than five (5) hives;

 

(xiii) "Landowner" means the person who has the actualuse and exclusive possession of the land upon which a landowner apiary is to beregistered, except that a person leasing or renting land for the primarypurpose of locating or establishing an apiary thereon is not considered alandowner;

 

(xiv) "Landowner apiary" means an apiary owned by alandowner as defined in this section;

 

(xv) "Person" means any individual, association,partnership or corporation;

 

(xvi) "Pollination apiary" means an apiary operated forpollination of commercial seed, fruit or other commercial agricultural productas provided in W.S. 11-7-203;

 

(xvii) "Queen apiary" means an apiary or premises inwhich queen bees are reared or kept for sale or gift;

 

(xviii) "Bee parasites" means mites, including but notlimited to varroa mites and tracheal mites;

 

(xix) "Bee pests" means insects, including but notlimited to small hive beetles and red imported fire ants;

 

(xx) "General beekeeper" means a person who owns morethan five (5) hives and manages and operates the bees and the hives;

 

(xxi) "Global positioning system or GPS" means a devicethat provides accuracy in positioning using latitude and longitude coordinates;

 

(xxii) "Holding yard" means an area where colonies aretemporarily placed prior to leaving the state or returning from pollination inanother state;

 

(xxiii) "Spray yard" means a temporary location wherecolonies are moved prior to any pesticide application in the area of thebeekeeper's registered location.

 

11-7-132. Disposition of fees.

 

Registration and inspection fees collectedunder this chapter shall be transmitted by the department to the statetreasurer for deposit in the general fund.

 

11-7-133. Penalties.

 

Any person who violates any provision ofthis chapter is guilty of a misdemeanor and upon conviction shall be fined notmore than five hundred dollars ($500.00) or imprisoned in the county jail fornot more than six (6) months, or both. Each day the violation continuesconstitutes a separate offense.

 

ARTICLE 2 - REGISTRATION

 

11-7-201. Apiary registration; procedure; information; conditions;penalties.

 

(a) Any person who owns or possesses any class of apiary inthis state shall register that apiary with the department before April 1 ofeach year.

 

(b) Application for registration shall be made to thedepartment on forms it prescribes and furnishes and shall include:

 

(i) The applicant's name and address;

 

(ii) The total number of colonies of bees the beekeeper owns;

 

(iii) The location of the apiary, setting forth specifically thelocation by sectional division to the nearest quarter section, the township andrange and the latitude and longitude coordinates, or if within the corporatelimits of a municipality, the number of the lot and block in the municipalityincluding street address and the latitude and longitude coordinates determinedusing GPS. All new registrations shall include latitude and longitudecoordinates. Effective July 1, 2012, latitude and longitude coordinates shallbe required for all apiary registrations;

 

(iv) The name of the owner, renter or occupant of the land onwhich the apiary is located and, if the application is for an apiary beingregistered for the first time, it shall also show that the owner, renter oroccupant of the land has consented to the apiary being located on his land;

 

(v) The date the apiary was first established which shall beincluded for each location on yearly apiary renewal applications; and

 

(vi) The class of apiary registration for which application isbeing made.

 

(c) Upon receipt of the application and payment of the fees,the department may issue a certificate of registration for an apiary, settingforth:

 

(i) The name of the owner;

 

(ii) The specific location of the apiary; and

 

(iii) The class of apiary authorized.

 

(d) In issuing certificates of registration for apiaries, ifthere is a conflict between applicants with respect to location, the departmentshall give preference to the applicant having the oldest, continuous apiaryregistration.

 

(e) Certificates of registration shall not be issued for newapiaries which are within such close proximity to established registeredapiaries that there is danger of spread of bee diseases, bee parasites or beepests or that the proximity may interfere with the proper feeding and honeyflow of established apiaries.

 

(f) Each apiary registrant shall post in a conspicuous locationat or near each apiary he owns legible evidence of registration, including hisname and telephone number.

 

(g) The department shall notify each registrant of hisdelinquency, if that registrant fails to reregister by April 1 of each year.The notification shall be by certified mail and is sufficient if deposited in aUnited States post office or mail box at least ten (10) days before May 1 andaddressed to the registrant at his last address appearing in the department'sapiary registration files. Any apiary registration which has not been receivedby May 1 of each year is forfeited and all rights under the registrationterminate.

 

(h) Any person who owns or possesses any bees, hives, coloniesor beekeeping equipment in this state or who owns or possesses an apiary inthis state and who fails or refuses to register that apiary as provided in thischapter is guilty of a misdemeanor and upon conviction thereof is subject tothe penalties set forth in W.S. 11-7-133.

 

(j) Repealed By Laws 2010, Ch. 14, 3.

 

11-7-202. General apiary registrations.

 

(a) In order to control, limit and prevent the spread of beediseases, bee parasites or bee pests among bees, hives and apiaries and to control,limit and prevent interference with proper feeding and honey flow ofestablished apiaries, general apiaries registered to different persons shall belocated at least two (2) miles apart, except as otherwise provided in thisarticle. The department shall not register or issue a certificate ofregistration for any general apiary that is located less than two (2) milesfrom a general apiary registered to another person, except as otherwiseprovided in this section.

 

(b) Any person may register a general apiary that is situatedless than two (2) miles from another general apiary he has registered, if thelocation of the general apiary being applied for is at least two (2) miles fromgeneral apiaries registered to other persons.

 

(c) A general apiary may be registered even though it is lessthan two (2) miles from any registered pollination apiary, landowner apiary orhobbyist apiary.

 

(d) A person with an existing apiary that is located less thantwo (2) miles from an existing general apiary registered to another person mayregister his apiary as a general apiary under the following conditions:

 

(i) His apiary is established and registered with thedepartment as a general apiary under the department's rules in effect prior toDecember 31, 2009; and

 

(ii) The registration of his apiary has not been forfeited orabandoned.

 

11-7-203. Pollination apiary registrations.

 

 

(a) The department may grant pollination apiary registrationsto commercial seed and fruit producers or other commercial agricultural producersunder the following conditions:

 

(i) The applicant must own, lease or rent the land upon whichthe pollination apiary is to be located and the applicant must use the land forthe purpose of growing a commercial seed, fruit or other crop which isdependent upon bees or other insects for pollination;

 

(ii) The applicant does not own the bees or the hives which areto be placed upon the pollination apiary;

 

(iii) The only purpose of the apiary is to pollinate a commercialagricultural crop;

 

(iv) The applicant shall provide the department with allpertinent information necessary to determine if pollination apiaries are neededto pollinate the applicant's crop adequately;

 

(v) The department may refuse to register a pollination apiarybased upon its own investigation of the matter, but if the department approvesthe application, it shall specify the number of hives and location ofpollination apiaries needed for the purpose of pollinating the applicant'scommercial agricultural crop adequately; and

 

(vi) A copy of the pollination contract between the seedgrowerand beekeeper shall be sent to the department.

 

(b) A pollination apiary registration is valid only for thetime period the department specifies, and all pollination apiaries shall beremoved within two (2) weeks after the end of the bloom period of the crop tobe pollinated.

 

(c) No certificate of registration of a pollination apiary maybe leased, assigned or transferred and no person other than the pollinationapiary registrant may exercise in any way any rights or privileges authorizedby the certificate of registration.

 

11-7-204. Landowner apiary registrations.

 

 

(a) The department may grant landowner apiary registrationsunder the following conditions:

 

(i) The applicant shall be a landowner, as defined in W.S.11-7-131(a)(xiii) and shall own the land upon which the apiary will be located;

 

(ii) The applicant shall own the bees and the hives that will beplaced on the apiary; and

 

(iii) The applicant shall personally manage and operate the beesand the hives.

 

(b) No certificate of registration of a landowner apiary shallbe leased, assigned or transferred and no person other than the landownerapiary registrant shall exercise in any way any rights or privileges authorizedby the certificate of registration.

 

11-7-205. Hobbyist apiary registrations.

 

(a) The department may grant hobbyist apiary registrations tohobbyist beekeepers under the following conditions:

 

(i) The applicant shall not own a total of more than five (5)hives, and all of the hives must be placed on the hobbyist apiary;

 

(ii) The applicant shall own the bees and the hives and shallpersonally manage and operate the bees and the hives;

 

(iii) Only one (1) hobbyist registration is allowed an applicantand only two (2) hobbyist apiary registrations are allowed a family unit; and

 

(iv) If the department determines that too many hobbyistapiaries are being registered within too close proximity of each other or ofother established apiaries so that there is danger of the spread of beediseases, bee parasites or bee pests among bees or apiaries or that there willbe interference with the proper feeding and honey flow of established apiaries,the department may refuse to grant any further hobbyist registrations in thelocality and area of the danger.

 

(b) No certificate of registration of a hobbyist apiary may beleased, assigned or transferred, and no person other than the hobbyist apiaryregistrant may exercise in any way any rights or privileges authorized by thecertificate of registration.

 

11-7-206. Restrictions on apiary locations.

 

Pollination apiaries, landowner apiariesand hobbyist apiaries may be located less than two (2) miles from pollinationapiaries, landowner apiaries, hobbyist apiaries and general apiaries registeredto other persons. General apiaries may be located within two (2) miles of oneanother only under the provisions of W.S. 11-7-202.

 

11-7-207. Changing locations; enlarging or selling apiaries.

 

 

(a) No owner of an established registered apiary shall changethe location of the apiary without first receiving from the departmentauthorization to establish the new apiary. In making the application, the ownershall specify the location of the apiary with the same particularity as in theapplication for original registration. If the new apiary is not used accordingto W.S. 11-7-211, the certificate of registration lapses and all rights underthe registration terminate. Registrations for new apiaries shall not be issuedfor greater areas than the applicant can show are reasonably necessary for hisneeds consistent with good beekeeping practice.

 

(b) A registered apiary may be sold or transferred to apurchaser subject to applicable provisions of this chapter if all bees and equipmenton the apiary are sold to the purchaser.

 

(c) No person may increase the number of hives on an apiary toexceed the number of hives consistent with good beekeeping practices authorizedby his certificate of registration for that apiary, except that a person mayincrease the number of hives on a general apiary beyond the number authorizedby the certificate of registration in order to protect his bees and hives frombears or other predators. A person may also enlarge a general apiary during thespring buildup and in the fall after the end of the honey season in order togather his bees for shipment out of the state or to winter his bees on thatapiary.

 

11-7-208. New locations; evidence of owner's or manager's permission.

 

Any person registering a new location forthe first time shall have the approval signature of the landowner or managerthereof indicating that the landowner has given permission to place an apiaryon his property.

 

11-7-209. Minimum number of colonies.

 

All registered bee locations must consistof not less than ten (10) colonies of bees during a minimum of forty-five (45)or more continuous days during any part of normal buildup or honey producingperiod of the year. This provision does not apply to beekeepers who own a totalof less than five (5) colonies of bees registered in only one (1) apiary.

 

11-7-210. Normal buildup and honey producing season; registrationtime; voiding registration.

 

 

(a) The normal buildup and honey producing season begins on May1 and continues through September 30.

 

(b) The regular registration time consists of the months ofFebruary through April.

 

(c) The established way for voiding the registration of anapiary shall be initiated and completed by January 31 during the sameregistration year that the apiary was not in use.

 

11-7-211. Forfeit of registration; termination of rights; dispositionof equipment.

 

 

(a) The registration of an apiary which is not stocked withbees during at least forty-five (45) continuous days of the normal buildup or honeyproducing season is forfeited and all rights under the certificate ofregistration terminate.

 

(b) An apiary not regularly attended in accordance with goodbeekeeping practice, which comprises a hazard or threat to disease control inthe beekeeping industry or which by reason of its physical condition orconstruction cannot be inspected, may be considered an abandoned apiary and maybe seized by the department. Any diseased equipment or equipment which byreason of its physical condition or construction cannot be inspected may beburned, and any remaining equipment may be sold at public auction. Proceeds,after the cost of the sale is deducted, shall be returned to the former owneror his estate. Before burning or selling any equipment, the department shallgive the owner or person in charge a written notice at least five (5) daysbefore the burning or sale. The notice shall be given by certified mail orpersonal service upon the owner or person in charge of the property. If theowner or person in charge cannot be located, a certified letter sent to theowner's last address registered with the department is sufficient notice underthis section.

 

11-7-212. Registration fees.

 

 

(a) Each year before a certificate of registration may beissued for an apiary, the owner or applicant for the certificate shall pay thedepartment a registration fee in the amount authorized by W.S. 11-1-104, withthe exception of those apiaries classified as hobbyist apiaries, which will beissued a nonfee certificate of registration.

 

(i) Repealed by Laws 1993, ch. 135, 3.

 

(ii) Repealed by Laws 1993, ch. 135, 3.

 

(iii) Repealed by Laws 1993, ch. 135, 3.

 

(iv) Repealed by Laws 1993, ch. 135, 3.

 

(v) Repealed by Laws 1993, ch. 135, 3.

 

(vi) Repealed by Laws 1993, ch. 135, 3.

 

(vii) Repealed by Laws 1993, ch. 135, 3.

 

(viii) Repealed by Laws 1993, ch. 135, 3.

 

(ix) Repealed by Laws 1993, ch. 135, 3.

 

(x) Repealed by Laws 1993, ch. 135, 3.

 

(xi) Repealed by Laws 1993, ch. 135, 3.

 

(b) Repealed by Laws 1993, ch. 135, 3.

 

11-7-213. Holding yard apiary location.

 

(a) The department may grant a certificate of registration fora temporary holding yard location to provide an area for holding hives prior toand after returning from pollination of a commercial agricultural crop inanother state.

 

(b) A temporary holding yard location shall not be used forplanned honey production.

 

(c) A general beekeeper shall provide the department locationinformation for all temporary holding yard locations by designating the yardname and latitude and longitude coordinates which shall be included on theyearly renewal application and designated with "HY" for holding yard,as the authorized class.

 

(d) A colony may be held at a temporary holding yard locationfor not more than two (2) months during the spring and for not more than two(2) months during the fall.

 

11-7-214. Spray yard apiary location.

 

(a) The department may grant a certificate of registration fora spray yard apiary location to provide an area for holding hives duringpesticide application to allow a safe haven for the health and safety of thebees.

 

(b) A spray yard apiary location shall not be used for plannedhoney production.

 

(c) Any hive shall not be held at a spray yard apiary locationfor more than sixteen (16) days after any pesticide application and the hivethen shall be returned to the registered location.

 

(d) A general beekeeper shall notify the department or theapiary inspector when hives are moved to spray yard apiary locations.

 

11-7-215. Variance agreements.

 

(a) Upon request from a general beekeeper, the department mayenter into a variance agreement with the general beekeeper because of droughtconditions, crop rotation, conservation reserve program acres or otherunforeseen circumstances adverse to a yard location.

 

(b) Following a thorough investigation of each request undersubsection (a) of this section, the department shall determine whether or notto enter into the requested variance agreement. If granted, a varianceagreement shall contain an expiration date, after which the bees shall bereturned to the original registered location. Failure to return the bees tothe original registered apiary location shall cause that registered apiarylocation to be forfeited.

 

(c) Signed copies of a variance agreement between a beekeeperand the department shall be on file in the department's Cheyenne office andwith the area apiary inspector and the beekeeper.

 

ARTICLE 3 - INSPECTION AND CERTIFICATION - APIS BEES

 

11-7-301. Apiaries; powers and duties of the department.

 

(a) To prevent the spread of bee diseases, bee parasites or beepests among bees and apiaries, to protect apiaries against depredation bywildlife and to assist law enforcement agencies in an effort to alleviatelosses due to theft, the department may:

 

(i) Order the transfer of colonies of bees from hives orcontainers which cannot be properly examined for brood or other bee diseases,bee parasites or bee pests to other hives or containers;

 

(ii) Order disinfection of any bee, beehive, brood comb or anyother equipment which is infected or contaminated and burn any infected orcontaminated bee, beehive, brood comb or any other equipment if, in itsjudgment, disinfection will not remove the infection or contamination. Beforeburning any property, the department shall give the owner or person in charge awritten notice at least ten (10) days before the date on which the propertywill be burned. The notice shall be given by certified mail or personal serviceupon the owner or person in charge of the property;

 

(iii) Quarantine any apiary where foulbrood or any contagious orinfectious bee diseases, bee parasites or bee pests are present and, during thequarantine, prevent the removal from the apiary of any bees or equipment exceptunder a special permit issued by the department permitting the removal underconditions it prescribes. A person may not sell or offer for sale any apiary,bees or equipment which are under quarantine unless the department issues apermit authorizing the sale or removal. Written notice of quarantine shall beposted by the department, owner or person in charge at the quarantined apiaryat a conspicuous place, and a copy shall be personally served or sent bycertified mail to the owner of the apiary or person in charge. The quarantinecontinues in effect until it is ordered removed and a copy of the removal orderserved in the same manner;

 

(iv) Inspect any apiary, hives, equipment or premises for thepresence of bee diseases, bee parasites or bee pests. Hives belonging topersons owning apiaries within the state shall be inspected for contagiousdiseases according to schedules established by the department. Apiaryinspectors shall establish the date for the inspection of any apiary with thebeekeeper. The inspection date shall be agreeable to the inspector and thebeekeeper and shall include a total of seven (7) consecutive days upon whichthe inspection can be undertaken due to weather and unforeseen circumstances. Any beekeeper responsible for an apiary who refuses an inspection on any of theseven (7) agreed upon dates is subject to penalties provided pursuant to W.S.11-7-133;

 

(v) Order the hives within an apiary which is not legallyregistered with the state to be confiscated. The owner of the apiary shall benotified at least seven (7) days prior to the date of confiscation.Notification shall be by certified mail addressed to the last known address ofthe owner or by personal service upon the owner;

 

(vi) Promulgate and enforce rules adopted to carry out thepurpose of this chapter;

 

(vii) Enter into agreements with the game and fish commission asnecessary to protect bees and hives against wild animals;

 

(viii) Assist any sheriff, peace officer or district attorney inany county in the discharge of their duties or investigations relating to theapiary industry.

 

(b) Any owner of bees possessing more than fifty (50) coloniesshall furnish one (1) helper to assist the inspector. Apiary inspectors mayinspect bee colonies at any time without previous notice.

 

(c) Any person failing to comply with a rule, order orprovision of a quarantine pursuant to this section is subject to penaltiesprovided in W.S. 11-7-133.

 

11-7-302. Importation of bees, combs or hives.

 

(a) A beekeeper shall notify the department and request aninspection to be conducted at any specified registered location or holding yardnot later than fourteen (14) days after entry of any colony into this state. Following an inspection for colony health, the department may issue an exportcertificate for any colony imported into Wyoming. An export certificate isvalid for one (1) year and allows export from and re-entry into Wyoming at anyport of entry.

 

(b) Bees shipped on combless packages or in packages on newframes and new foundation are not prohibited.

 

(c) Comb honey in sections intended for human consumption isnot prohibited.

 

(d) All package bees shipped into Wyoming shall be accompaniedby an affidavit stating that no honey has been used for food in transit. It isunlawful for anyone shipping queen bees in cages into this state to use anyhoney for queen cage foods.

 

(e) If an official Wyoming apiary inspector finds that any beesimported into the state have infectious or contagious diseases within fourteen(14) days after arrival, the apiary inspector shall destroy the diseased beesand equipment.

 

ARTICLE 4 - ALFALFA LEAF-CUTTER BEE

 

11-7-401. Definitions.

 

(a) As used in this act:

 

(i) "Bee" means any stage in the life cycle of a beeof the species Megachile rotundata (F), commonly known as the alfalfaleaf-cutter bee;

 

(ii) "Certification" means the process of analyzingbees and equipment by the department to determine whether they meet therequired health standards;

 

(iii) "Department" means the department of agriculture;

 

(iv) "Equipment" means trays, incubators, cellremovers, tumblers and other apparatus used in rearing bees excluding nestingmaterials;

 

(v) "Nesting materials" means shelters, laminates,polyblocks, drilled boards or any other product which leaf-cutter bees actuallyuse for nesting;

 

(vi) "Parasite" means an organism living in or on anystage of the alfalfa leaf-cutter bee obtaining nutriment from the body of thebee or nesting material;

 

(vii) "Pathogen" means an organism, parasite orotherwise, that causes disease in the alfalfa leaf-cutter bee;

 

(viii) "Wild trap" means to trap bees on property notowned by the trapper;

 

(ix) "This act" means W.S. 11-7-401 through 11-7-407;

 

(x) "Sanitization" means any treatment includingiodine, heat, chlorine or any other method approved by the department.

 

11-7-402. Duties and powers of department.

 

(a) The department shall:

 

(i) Administer this act;

 

(ii) By rule or regulation adopt minimum standards for thepresence of pathogens and parasites in bees to be certified, imported andpossessed or controlled in this state;

 

(iii) Whenever it has reasonable cause to believe a person is inpossession of any diseased or parasitized bee or equipment or otherwisepossesses any bee or equipment in violation of this act or rules adopted underthis act, order a quarantine of the suspected bees or equipment and may requireany person in possession of such bees to hold them under specified conditionsuntil notified otherwise in writing;

 

(iv) Release any quarantine or order to hold bees upon a findingthat the bees and equipment are possessed in compliance with this act.

 

(b) The department may:

 

(i) Enter into agreements with other governmental agencies orprivate associations in carrying out the provisions of this act;

 

(ii) Enter upon any public or private premises to inspect andsample bees or equipment that may be diseased or parasitized;

 

(iii) Quarantine any bees or equipment found to be infected with pathogensor parasites at a level exceeding certification standards;

 

(iv) Order the sanitization or destruction of any bees orequipment that is infected with parasites or pathogens and that does not meetcertification standards.

 

11-7-403. Annual certification; application; inspection of sample;recertification; fees.

 

(a) No person shall import, possess or control alfalfaleaf-cutter bees in this state unless the bees are certified annually underthis section.

 

(b) To certify bees, a person shall file a completedapplication form provided by the department together with the certification andlaboratory fees. Certification and laboratory fees shall be established by thedepartment for each pound of bees certified. The applicant must provide at leastthe following:

 

(i) Name and place of residence;

 

(ii) The general location and number of bees to be registered;and

 

(iii) Other relevant information as required by departmentregulation.

 

(c) After receipt of an application for certification, a sampleof the total population of bees to be certified shall be selected by thedepartment or its agent in a manner prescribed by the department. The sampleshall be inspected for pathogens and parasites. If no pathogens or parasites inexcess of certification standards are found, the sample shall be reportedwithin certifiable limits.

 

(d) When the department receives a completed application form,a certification fee and a report that the sample is within certifiable limits,it shall issue a certificate for the bees.

 

(e) The department shall specify the date by which anyapplicant must apply for recertification the following year.

 

(f) Fees collected under this act shall be deposited into aseparate account and expended for administration and enforcement of this act. In administering and enforcing the provisions of this act, the department, by aseparately negotiated agreement with another governmental agency or a privateassociation as authorized by W.S. 11-7-402(b)(i), may make the fees available forexpenditure by that agency or association. Any such agency or association shallbe required to submit an annual budget to the department for its review andapproval prior to the expenditure of any funds under this section.

 

11-7-404. Importation restrictions.

 

(a) No bee shall be imported into this state except under theprovisions of this section.

 

(b) Prior to the importation of any bee, the importer shallfile a completed application form as required under W.S. 11-7-403(b) andarrange a date and time for inspection.

 

(c) Prior to certification, each bee and associated transportequipment shall be quarantined.

 

(d) No bee shall be imported except in loose cells or asadults. No bee shall be imported in a drilled board, soda straw or otherequipment that prevents adequate inspection of the bee.

 

(e) A representative sample of the population of bees importedshall be inspected as the basis for certification.

 

(f) No person shall import used nesting materials.

 

(g) No bee shall be certified unless all other requirements forcertification under W.S. 11-7-403 are met.

 

(h) Used metal or plastic equipment may be imported with priorwritten notice to the department. Used equipment shall be sanitized prior toentry into this state and immediately after entry as provided by W.S.11-7-401(a)(x).

 

(j) Any person not already owning or having leaf-cutter bees inWyoming who imports leaf-cutter bees for the first time into an area where noleaf-cutter bees have previously been placed by that person shall meet thestandards for unconditional leaf-cutter bee certification established by rulesand regulations adopted by the department.

 

11-7-405. Restrictions on rearing, moving and trapping bees; permits;fees.

 

(a) No person shall rear any bee in a nesting material fromwhich samples of loose larval cells cannot readily be obtained such as drilledboards or soda straws.

 

(b) No person shall move any quarantined bee or equipmentexcept by special permit issued by the department.

 

(c) No person may wild trap or attempt to wild trap bees unlessthat person has been issued a permit to wild trap in accordance with rulesadopted by the department.

 

(d) The permits under subsections (b) and (c) of this sectionshall be issued under rules adopted by the department. The department shall byrule establish a reasonable fee for each permit.

 

11-7-406. Penalty.

 

Any person who violates this act is guiltyof a misdemeanor punishable by a fine of not more than seven hundred fiftydollars ($750.00). Each day a violation of this act continues is a separateoffense.

 

11-7-407. Laboratory authorized; fees for services.

 

The department may develop and maintain alaboratory at the University of Wyoming agriculture extension center at Powellto provide analytical services required under this act and may authorize thelaboratories to provide services to persons possessing bees or equipment bycharging a fee equal to the cost of providing those services.

 


State Codes and Statutes

State Codes and Statutes

Statutes > Wyoming > Title11 > Chapter7

CHAPTER 7 - APIARY REGISTRATION AND INSPECTION

 

ARTICLE 1 - GENERAL PROVISIONS

 

11-7-101. Repealed by Laws 1979, ch. 64, 2.

 

11-7-102. Repealed by Laws 1979, ch. 64, 2.

 

11-7-103. Repealed by Laws 1979, ch. 64, 2.

 

11-7-104. Repealed by Laws 1979, ch. 64, 2.

 

11-7-105. Repealed by Laws 1979, ch. 64, 2.

 

11-7-106. Repealed by Laws 1979, ch. 64, 2.

 

11-7-107. Repealed by Laws 1979, ch. 64, 2.

 

11-7-108. Repealed by Laws 1979, ch. 64, 2.

 

11-7-109. Repealed by Laws 1979, ch. 64, 2.

 

11-7-110. Repealed by Laws 1979, ch. 64, 2.

 

11-7-111. Repealed by Laws 1979, ch. 64, 2.

 

11-7-112. Repealed by Laws 1979, ch. 64, 2.

 

11-7-113. Repealed by Laws 1979, ch. 64, 2.

 

11-7-114. Repealed by Laws 1979, ch. 64, 2.

 

11-7-115. Repealed by Laws 1979, ch. 64, 2.

 

11-7-116. Repealed by Laws 1979, ch. 64, 2.

 

11-7-117. Repealed by Laws 1979, ch. 64, 2.

 

11-7-118. Repealed by Laws 1983, ch. 7, 2.

 

11-7-119. Repealed by Laws 1983, ch. 7, 2.

 

11-7-120. Repealed by Laws 1983, ch. 7, 2.

 

11-7-121. Repealed by Laws 1983, ch. 7, 2.

 

11-7-122. Repealed by Laws 1983, ch. 7, 2.

 

11-7-123. Repealed by Laws 1983, ch. 7, 2.

 

11-7-124. Repealed by Laws 1983, ch. 7, 2.

 

11-7-125. Repealed by Laws 1983, ch. 7, 2.

 

11-7-126. Repealed by Laws 1983, ch. 7, 2.

 

11-7-127. Repealed by Laws 1983, ch. 7, 2.

 

11-7-128. Repealed by Laws 1983, ch. 7, 2.

 

11-7-129. Repealed by Laws 1983, ch. 7, 2.

 

11-7-130. Short title.

 

This chapter may be cited as the"Wyoming Apiculture Act".

 

11-7-131. Definitions.

 

(a) As used in this chapter:

 

(i) "Apiary" means a place where one (1) or morecolonies of bees or one (1) or more hives containing honeycombs or bee combsare kept;

 

(ii) "Bee diseases" means American or Europeanfoulbrood, sacbrood, bee paralysis or other disease or abnormal condition ofthe egg, larval, pupal or adult stages of bees, including bee parasites and beepests;

 

(iii) "Bees" means any stage of the life cycle in thegenus Apis;

 

(iv) "Colony" means the bees, hive and all equipmentused in connection with the hive;

 

(v) "Comb" means the brood chamber used by the queenfor the protection of brood;

 

(vi) "Department" means the department of agriculture;

 

(vii) "Equipment" means hives, supers, frames, veils,gloves or any apparatus, tools, machines or other devices used in the handlingand manipulation of bees, honey, wax and hives and includes any container ofhoney and wax which may be used in an apiary or in transporting bees and theirproducts and apiary supplies;

 

(viii) "Family unit" means two (2) or more personsliving together or residing in the same dwelling, house or other place ofresidence;

 

(ix) "General apiary" means any apiary other than apollination apiary, landowner apiary or hobbyist apiary;

 

(x) "Hive" means a frame hive, box hive, box, barrel,log gun, skep or other receptacle or container or a part of a container,natural or artificial, which may be used as a domicile for bees;

 

(xi) "Hobbyist apiary" means an apiary owned by ahobbyist beekeeper;

 

(xii) "Hobbyist beekeeper" means a person who owns atotal of not more than five (5) hives;

 

(xiii) "Landowner" means the person who has the actualuse and exclusive possession of the land upon which a landowner apiary is to beregistered, except that a person leasing or renting land for the primarypurpose of locating or establishing an apiary thereon is not considered alandowner;

 

(xiv) "Landowner apiary" means an apiary owned by alandowner as defined in this section;

 

(xv) "Person" means any individual, association,partnership or corporation;

 

(xvi) "Pollination apiary" means an apiary operated forpollination of commercial seed, fruit or other commercial agricultural productas provided in W.S. 11-7-203;

 

(xvii) "Queen apiary" means an apiary or premises inwhich queen bees are reared or kept for sale or gift;

 

(xviii) "Bee parasites" means mites, including but notlimited to varroa mites and tracheal mites;

 

(xix) "Bee pests" means insects, including but notlimited to small hive beetles and red imported fire ants;

 

(xx) "General beekeeper" means a person who owns morethan five (5) hives and manages and operates the bees and the hives;

 

(xxi) "Global positioning system or GPS" means a devicethat provides accuracy in positioning using latitude and longitude coordinates;

 

(xxii) "Holding yard" means an area where colonies aretemporarily placed prior to leaving the state or returning from pollination inanother state;

 

(xxiii) "Spray yard" means a temporary location wherecolonies are moved prior to any pesticide application in the area of thebeekeeper's registered location.

 

11-7-132. Disposition of fees.

 

Registration and inspection fees collectedunder this chapter shall be transmitted by the department to the statetreasurer for deposit in the general fund.

 

11-7-133. Penalties.

 

Any person who violates any provision ofthis chapter is guilty of a misdemeanor and upon conviction shall be fined notmore than five hundred dollars ($500.00) or imprisoned in the county jail fornot more than six (6) months, or both. Each day the violation continuesconstitutes a separate offense.

 

ARTICLE 2 - REGISTRATION

 

11-7-201. Apiary registration; procedure; information; conditions;penalties.

 

(a) Any person who owns or possesses any class of apiary inthis state shall register that apiary with the department before April 1 ofeach year.

 

(b) Application for registration shall be made to thedepartment on forms it prescribes and furnishes and shall include:

 

(i) The applicant's name and address;

 

(ii) The total number of colonies of bees the beekeeper owns;

 

(iii) The location of the apiary, setting forth specifically thelocation by sectional division to the nearest quarter section, the township andrange and the latitude and longitude coordinates, or if within the corporatelimits of a municipality, the number of the lot and block in the municipalityincluding street address and the latitude and longitude coordinates determinedusing GPS. All new registrations shall include latitude and longitudecoordinates. Effective July 1, 2012, latitude and longitude coordinates shallbe required for all apiary registrations;

 

(iv) The name of the owner, renter or occupant of the land onwhich the apiary is located and, if the application is for an apiary beingregistered for the first time, it shall also show that the owner, renter oroccupant of the land has consented to the apiary being located on his land;

 

(v) The date the apiary was first established which shall beincluded for each location on yearly apiary renewal applications; and

 

(vi) The class of apiary registration for which application isbeing made.

 

(c) Upon receipt of the application and payment of the fees,the department may issue a certificate of registration for an apiary, settingforth:

 

(i) The name of the owner;

 

(ii) The specific location of the apiary; and

 

(iii) The class of apiary authorized.

 

(d) In issuing certificates of registration for apiaries, ifthere is a conflict between applicants with respect to location, the departmentshall give preference to the applicant having the oldest, continuous apiaryregistration.

 

(e) Certificates of registration shall not be issued for newapiaries which are within such close proximity to established registeredapiaries that there is danger of spread of bee diseases, bee parasites or beepests or that the proximity may interfere with the proper feeding and honeyflow of established apiaries.

 

(f) Each apiary registrant shall post in a conspicuous locationat or near each apiary he owns legible evidence of registration, including hisname and telephone number.

 

(g) The department shall notify each registrant of hisdelinquency, if that registrant fails to reregister by April 1 of each year.The notification shall be by certified mail and is sufficient if deposited in aUnited States post office or mail box at least ten (10) days before May 1 andaddressed to the registrant at his last address appearing in the department'sapiary registration files. Any apiary registration which has not been receivedby May 1 of each year is forfeited and all rights under the registrationterminate.

 

(h) Any person who owns or possesses any bees, hives, coloniesor beekeeping equipment in this state or who owns or possesses an apiary inthis state and who fails or refuses to register that apiary as provided in thischapter is guilty of a misdemeanor and upon conviction thereof is subject tothe penalties set forth in W.S. 11-7-133.

 

(j) Repealed By Laws 2010, Ch. 14, 3.

 

11-7-202. General apiary registrations.

 

(a) In order to control, limit and prevent the spread of beediseases, bee parasites or bee pests among bees, hives and apiaries and to control,limit and prevent interference with proper feeding and honey flow ofestablished apiaries, general apiaries registered to different persons shall belocated at least two (2) miles apart, except as otherwise provided in thisarticle. The department shall not register or issue a certificate ofregistration for any general apiary that is located less than two (2) milesfrom a general apiary registered to another person, except as otherwiseprovided in this section.

 

(b) Any person may register a general apiary that is situatedless than two (2) miles from another general apiary he has registered, if thelocation of the general apiary being applied for is at least two (2) miles fromgeneral apiaries registered to other persons.

 

(c) A general apiary may be registered even though it is lessthan two (2) miles from any registered pollination apiary, landowner apiary orhobbyist apiary.

 

(d) A person with an existing apiary that is located less thantwo (2) miles from an existing general apiary registered to another person mayregister his apiary as a general apiary under the following conditions:

 

(i) His apiary is established and registered with thedepartment as a general apiary under the department's rules in effect prior toDecember 31, 2009; and

 

(ii) The registration of his apiary has not been forfeited orabandoned.

 

11-7-203. Pollination apiary registrations.

 

 

(a) The department may grant pollination apiary registrationsto commercial seed and fruit producers or other commercial agricultural producersunder the following conditions:

 

(i) The applicant must own, lease or rent the land upon whichthe pollination apiary is to be located and the applicant must use the land forthe purpose of growing a commercial seed, fruit or other crop which isdependent upon bees or other insects for pollination;

 

(ii) The applicant does not own the bees or the hives which areto be placed upon the pollination apiary;

 

(iii) The only purpose of the apiary is to pollinate a commercialagricultural crop;

 

(iv) The applicant shall provide the department with allpertinent information necessary to determine if pollination apiaries are neededto pollinate the applicant's crop adequately;

 

(v) The department may refuse to register a pollination apiarybased upon its own investigation of the matter, but if the department approvesthe application, it shall specify the number of hives and location ofpollination apiaries needed for the purpose of pollinating the applicant'scommercial agricultural crop adequately; and

 

(vi) A copy of the pollination contract between the seedgrowerand beekeeper shall be sent to the department.

 

(b) A pollination apiary registration is valid only for thetime period the department specifies, and all pollination apiaries shall beremoved within two (2) weeks after the end of the bloom period of the crop tobe pollinated.

 

(c) No certificate of registration of a pollination apiary maybe leased, assigned or transferred and no person other than the pollinationapiary registrant may exercise in any way any rights or privileges authorizedby the certificate of registration.

 

11-7-204. Landowner apiary registrations.

 

 

(a) The department may grant landowner apiary registrationsunder the following conditions:

 

(i) The applicant shall be a landowner, as defined in W.S.11-7-131(a)(xiii) and shall own the land upon which the apiary will be located;

 

(ii) The applicant shall own the bees and the hives that will beplaced on the apiary; and

 

(iii) The applicant shall personally manage and operate the beesand the hives.

 

(b) No certificate of registration of a landowner apiary shallbe leased, assigned or transferred and no person other than the landownerapiary registrant shall exercise in any way any rights or privileges authorizedby the certificate of registration.

 

11-7-205. Hobbyist apiary registrations.

 

(a) The department may grant hobbyist apiary registrations tohobbyist beekeepers under the following conditions:

 

(i) The applicant shall not own a total of more than five (5)hives, and all of the hives must be placed on the hobbyist apiary;

 

(ii) The applicant shall own the bees and the hives and shallpersonally manage and operate the bees and the hives;

 

(iii) Only one (1) hobbyist registration is allowed an applicantand only two (2) hobbyist apiary registrations are allowed a family unit; and

 

(iv) If the department determines that too many hobbyistapiaries are being registered within too close proximity of each other or ofother established apiaries so that there is danger of the spread of beediseases, bee parasites or bee pests among bees or apiaries or that there willbe interference with the proper feeding and honey flow of established apiaries,the department may refuse to grant any further hobbyist registrations in thelocality and area of the danger.

 

(b) No certificate of registration of a hobbyist apiary may beleased, assigned or transferred, and no person other than the hobbyist apiaryregistrant may exercise in any way any rights or privileges authorized by thecertificate of registration.

 

11-7-206. Restrictions on apiary locations.

 

Pollination apiaries, landowner apiariesand hobbyist apiaries may be located less than two (2) miles from pollinationapiaries, landowner apiaries, hobbyist apiaries and general apiaries registeredto other persons. General apiaries may be located within two (2) miles of oneanother only under the provisions of W.S. 11-7-202.

 

11-7-207. Changing locations; enlarging or selling apiaries.

 

 

(a) No owner of an established registered apiary shall changethe location of the apiary without first receiving from the departmentauthorization to establish the new apiary. In making the application, the ownershall specify the location of the apiary with the same particularity as in theapplication for original registration. If the new apiary is not used accordingto W.S. 11-7-211, the certificate of registration lapses and all rights underthe registration terminate. Registrations for new apiaries shall not be issuedfor greater areas than the applicant can show are reasonably necessary for hisneeds consistent with good beekeeping practice.

 

(b) A registered apiary may be sold or transferred to apurchaser subject to applicable provisions of this chapter if all bees and equipmenton the apiary are sold to the purchaser.

 

(c) No person may increase the number of hives on an apiary toexceed the number of hives consistent with good beekeeping practices authorizedby his certificate of registration for that apiary, except that a person mayincrease the number of hives on a general apiary beyond the number authorizedby the certificate of registration in order to protect his bees and hives frombears or other predators. A person may also enlarge a general apiary during thespring buildup and in the fall after the end of the honey season in order togather his bees for shipment out of the state or to winter his bees on thatapiary.

 

11-7-208. New locations; evidence of owner's or manager's permission.

 

Any person registering a new location forthe first time shall have the approval signature of the landowner or managerthereof indicating that the landowner has given permission to place an apiaryon his property.

 

11-7-209. Minimum number of colonies.

 

All registered bee locations must consistof not less than ten (10) colonies of bees during a minimum of forty-five (45)or more continuous days during any part of normal buildup or honey producingperiod of the year. This provision does not apply to beekeepers who own a totalof less than five (5) colonies of bees registered in only one (1) apiary.

 

11-7-210. Normal buildup and honey producing season; registrationtime; voiding registration.

 

 

(a) The normal buildup and honey producing season begins on May1 and continues through September 30.

 

(b) The regular registration time consists of the months ofFebruary through April.

 

(c) The established way for voiding the registration of anapiary shall be initiated and completed by January 31 during the sameregistration year that the apiary was not in use.

 

11-7-211. Forfeit of registration; termination of rights; dispositionof equipment.

 

 

(a) The registration of an apiary which is not stocked withbees during at least forty-five (45) continuous days of the normal buildup or honeyproducing season is forfeited and all rights under the certificate ofregistration terminate.

 

(b) An apiary not regularly attended in accordance with goodbeekeeping practice, which comprises a hazard or threat to disease control inthe beekeeping industry or which by reason of its physical condition orconstruction cannot be inspected, may be considered an abandoned apiary and maybe seized by the department. Any diseased equipment or equipment which byreason of its physical condition or construction cannot be inspected may beburned, and any remaining equipment may be sold at public auction. Proceeds,after the cost of the sale is deducted, shall be returned to the former owneror his estate. Before burning or selling any equipment, the department shallgive the owner or person in charge a written notice at least five (5) daysbefore the burning or sale. The notice shall be given by certified mail orpersonal service upon the owner or person in charge of the property. If theowner or person in charge cannot be located, a certified letter sent to theowner's last address registered with the department is sufficient notice underthis section.

 

11-7-212. Registration fees.

 

 

(a) Each year before a certificate of registration may beissued for an apiary, the owner or applicant for the certificate shall pay thedepartment a registration fee in the amount authorized by W.S. 11-1-104, withthe exception of those apiaries classified as hobbyist apiaries, which will beissued a nonfee certificate of registration.

 

(i) Repealed by Laws 1993, ch. 135, 3.

 

(ii) Repealed by Laws 1993, ch. 135, 3.

 

(iii) Repealed by Laws 1993, ch. 135, 3.

 

(iv) Repealed by Laws 1993, ch. 135, 3.

 

(v) Repealed by Laws 1993, ch. 135, 3.

 

(vi) Repealed by Laws 1993, ch. 135, 3.

 

(vii) Repealed by Laws 1993, ch. 135, 3.

 

(viii) Repealed by Laws 1993, ch. 135, 3.

 

(ix) Repealed by Laws 1993, ch. 135, 3.

 

(x) Repealed by Laws 1993, ch. 135, 3.

 

(xi) Repealed by Laws 1993, ch. 135, 3.

 

(b) Repealed by Laws 1993, ch. 135, 3.

 

11-7-213. Holding yard apiary location.

 

(a) The department may grant a certificate of registration fora temporary holding yard location to provide an area for holding hives prior toand after returning from pollination of a commercial agricultural crop inanother state.

 

(b) A temporary holding yard location shall not be used forplanned honey production.

 

(c) A general beekeeper shall provide the department locationinformation for all temporary holding yard locations by designating the yardname and latitude and longitude coordinates which shall be included on theyearly renewal application and designated with "HY" for holding yard,as the authorized class.

 

(d) A colony may be held at a temporary holding yard locationfor not more than two (2) months during the spring and for not more than two(2) months during the fall.

 

11-7-214. Spray yard apiary location.

 

(a) The department may grant a certificate of registration fora spray yard apiary location to provide an area for holding hives duringpesticide application to allow a safe haven for the health and safety of thebees.

 

(b) A spray yard apiary location shall not be used for plannedhoney production.

 

(c) Any hive shall not be held at a spray yard apiary locationfor more than sixteen (16) days after any pesticide application and the hivethen shall be returned to the registered location.

 

(d) A general beekeeper shall notify the department or theapiary inspector when hives are moved to spray yard apiary locations.

 

11-7-215. Variance agreements.

 

(a) Upon request from a general beekeeper, the department mayenter into a variance agreement with the general beekeeper because of droughtconditions, crop rotation, conservation reserve program acres or otherunforeseen circumstances adverse to a yard location.

 

(b) Following a thorough investigation of each request undersubsection (a) of this section, the department shall determine whether or notto enter into the requested variance agreement. If granted, a varianceagreement shall contain an expiration date, after which the bees shall bereturned to the original registered location. Failure to return the bees tothe original registered apiary location shall cause that registered apiarylocation to be forfeited.

 

(c) Signed copies of a variance agreement between a beekeeperand the department shall be on file in the department's Cheyenne office andwith the area apiary inspector and the beekeeper.

 

ARTICLE 3 - INSPECTION AND CERTIFICATION - APIS BEES

 

11-7-301. Apiaries; powers and duties of the department.

 

(a) To prevent the spread of bee diseases, bee parasites or beepests among bees and apiaries, to protect apiaries against depredation bywildlife and to assist law enforcement agencies in an effort to alleviatelosses due to theft, the department may:

 

(i) Order the transfer of colonies of bees from hives orcontainers which cannot be properly examined for brood or other bee diseases,bee parasites or bee pests to other hives or containers;

 

(ii) Order disinfection of any bee, beehive, brood comb or anyother equipment which is infected or contaminated and burn any infected orcontaminated bee, beehive, brood comb or any other equipment if, in itsjudgment, disinfection will not remove the infection or contamination. Beforeburning any property, the department shall give the owner or person in charge awritten notice at least ten (10) days before the date on which the propertywill be burned. The notice shall be given by certified mail or personal serviceupon the owner or person in charge of the property;

 

(iii) Quarantine any apiary where foulbrood or any contagious orinfectious bee diseases, bee parasites or bee pests are present and, during thequarantine, prevent the removal from the apiary of any bees or equipment exceptunder a special permit issued by the department permitting the removal underconditions it prescribes. A person may not sell or offer for sale any apiary,bees or equipment which are under quarantine unless the department issues apermit authorizing the sale or removal. Written notice of quarantine shall beposted by the department, owner or person in charge at the quarantined apiaryat a conspicuous place, and a copy shall be personally served or sent bycertified mail to the owner of the apiary or person in charge. The quarantinecontinues in effect until it is ordered removed and a copy of the removal orderserved in the same manner;

 

(iv) Inspect any apiary, hives, equipment or premises for thepresence of bee diseases, bee parasites or bee pests. Hives belonging topersons owning apiaries within the state shall be inspected for contagiousdiseases according to schedules established by the department. Apiaryinspectors shall establish the date for the inspection of any apiary with thebeekeeper. The inspection date shall be agreeable to the inspector and thebeekeeper and shall include a total of seven (7) consecutive days upon whichthe inspection can be undertaken due to weather and unforeseen circumstances. Any beekeeper responsible for an apiary who refuses an inspection on any of theseven (7) agreed upon dates is subject to penalties provided pursuant to W.S.11-7-133;

 

(v) Order the hives within an apiary which is not legallyregistered with the state to be confiscated. The owner of the apiary shall benotified at least seven (7) days prior to the date of confiscation.Notification shall be by certified mail addressed to the last known address ofthe owner or by personal service upon the owner;

 

(vi) Promulgate and enforce rules adopted to carry out thepurpose of this chapter;

 

(vii) Enter into agreements with the game and fish commission asnecessary to protect bees and hives against wild animals;

 

(viii) Assist any sheriff, peace officer or district attorney inany county in the discharge of their duties or investigations relating to theapiary industry.

 

(b) Any owner of bees possessing more than fifty (50) coloniesshall furnish one (1) helper to assist the inspector. Apiary inspectors mayinspect bee colonies at any time without previous notice.

 

(c) Any person failing to comply with a rule, order orprovision of a quarantine pursuant to this section is subject to penaltiesprovided in W.S. 11-7-133.

 

11-7-302. Importation of bees, combs or hives.

 

(a) A beekeeper shall notify the department and request aninspection to be conducted at any specified registered location or holding yardnot later than fourteen (14) days after entry of any colony into this state. Following an inspection for colony health, the department may issue an exportcertificate for any colony imported into Wyoming. An export certificate isvalid for one (1) year and allows export from and re-entry into Wyoming at anyport of entry.

 

(b) Bees shipped on combless packages or in packages on newframes and new foundation are not prohibited.

 

(c) Comb honey in sections intended for human consumption isnot prohibited.

 

(d) All package bees shipped into Wyoming shall be accompaniedby an affidavit stating that no honey has been used for food in transit. It isunlawful for anyone shipping queen bees in cages into this state to use anyhoney for queen cage foods.

 

(e) If an official Wyoming apiary inspector finds that any beesimported into the state have infectious or contagious diseases within fourteen(14) days after arrival, the apiary inspector shall destroy the diseased beesand equipment.

 

ARTICLE 4 - ALFALFA LEAF-CUTTER BEE

 

11-7-401. Definitions.

 

(a) As used in this act:

 

(i) "Bee" means any stage in the life cycle of a beeof the species Megachile rotundata (F), commonly known as the alfalfaleaf-cutter bee;

 

(ii) "Certification" means the process of analyzingbees and equipment by the department to determine whether they meet therequired health standards;

 

(iii) "Department" means the department of agriculture;

 

(iv) "Equipment" means trays, incubators, cellremovers, tumblers and other apparatus used in rearing bees excluding nestingmaterials;

 

(v) "Nesting materials" means shelters, laminates,polyblocks, drilled boards or any other product which leaf-cutter bees actuallyuse for nesting;

 

(vi) "Parasite" means an organism living in or on anystage of the alfalfa leaf-cutter bee obtaining nutriment from the body of thebee or nesting material;

 

(vii) "Pathogen" means an organism, parasite orotherwise, that causes disease in the alfalfa leaf-cutter bee;

 

(viii) "Wild trap" means to trap bees on property notowned by the trapper;

 

(ix) "This act" means W.S. 11-7-401 through 11-7-407;

 

(x) "Sanitization" means any treatment includingiodine, heat, chlorine or any other method approved by the department.

 

11-7-402. Duties and powers of department.

 

(a) The department shall:

 

(i) Administer this act;

 

(ii) By rule or regulation adopt minimum standards for thepresence of pathogens and parasites in bees to be certified, imported andpossessed or controlled in this state;

 

(iii) Whenever it has reasonable cause to believe a person is inpossession of any diseased or parasitized bee or equipment or otherwisepossesses any bee or equipment in violation of this act or rules adopted underthis act, order a quarantine of the suspected bees or equipment and may requireany person in possession of such bees to hold them under specified conditionsuntil notified otherwise in writing;

 

(iv) Release any quarantine or order to hold bees upon a findingthat the bees and equipment are possessed in compliance with this act.

 

(b) The department may:

 

(i) Enter into agreements with other governmental agencies orprivate associations in carrying out the provisions of this act;

 

(ii) Enter upon any public or private premises to inspect andsample bees or equipment that may be diseased or parasitized;

 

(iii) Quarantine any bees or equipment found to be infected with pathogensor parasites at a level exceeding certification standards;

 

(iv) Order the sanitization or destruction of any bees orequipment that is infected with parasites or pathogens and that does not meetcertification standards.

 

11-7-403. Annual certification; application; inspection of sample;recertification; fees.

 

(a) No person shall import, possess or control alfalfaleaf-cutter bees in this state unless the bees are certified annually underthis section.

 

(b) To certify bees, a person shall file a completedapplication form provided by the department together with the certification andlaboratory fees. Certification and laboratory fees shall be established by thedepartment for each pound of bees certified. The applicant must provide at leastthe following:

 

(i) Name and place of residence;

 

(ii) The general location and number of bees to be registered;and

 

(iii) Other relevant information as required by departmentregulation.

 

(c) After receipt of an application for certification, a sampleof the total population of bees to be certified shall be selected by thedepartment or its agent in a manner prescribed by the department. The sampleshall be inspected for pathogens and parasites. If no pathogens or parasites inexcess of certification standards are found, the sample shall be reportedwithin certifiable limits.

 

(d) When the department receives a completed application form,a certification fee and a report that the sample is within certifiable limits,it shall issue a certificate for the bees.

 

(e) The department shall specify the date by which anyapplicant must apply for recertification the following year.

 

(f) Fees collected under this act shall be deposited into aseparate account and expended for administration and enforcement of this act. In administering and enforcing the provisions of this act, the department, by aseparately negotiated agreement with another governmental agency or a privateassociation as authorized by W.S. 11-7-402(b)(i), may make the fees available forexpenditure by that agency or association. Any such agency or association shallbe required to submit an annual budget to the department for its review andapproval prior to the expenditure of any funds under this section.

 

11-7-404. Importation restrictions.

 

(a) No bee shall be imported into this state except under theprovisions of this section.

 

(b) Prior to the importation of any bee, the importer shallfile a completed application form as required under W.S. 11-7-403(b) andarrange a date and time for inspection.

 

(c) Prior to certification, each bee and associated transportequipment shall be quarantined.

 

(d) No bee shall be imported except in loose cells or asadults. No bee shall be imported in a drilled board, soda straw or otherequipment that prevents adequate inspection of the bee.

 

(e) A representative sample of the population of bees importedshall be inspected as the basis for certification.

 

(f) No person shall import used nesting materials.

 

(g) No bee shall be certified unless all other requirements forcertification under W.S. 11-7-403 are met.

 

(h) Used metal or plastic equipment may be imported with priorwritten notice to the department. Used equipment shall be sanitized prior toentry into this state and immediately after entry as provided by W.S.11-7-401(a)(x).

 

(j) Any person not already owning or having leaf-cutter bees inWyoming who imports leaf-cutter bees for the first time into an area where noleaf-cutter bees have previously been placed by that person shall meet thestandards for unconditional leaf-cutter bee certification established by rulesand regulations adopted by the department.

 

11-7-405. Restrictions on rearing, moving and trapping bees; permits;fees.

 

(a) No person shall rear any bee in a nesting material fromwhich samples of loose larval cells cannot readily be obtained such as drilledboards or soda straws.

 

(b) No person shall move any quarantined bee or equipmentexcept by special permit issued by the department.

 

(c) No person may wild trap or attempt to wild trap bees unlessthat person has been issued a permit to wild trap in accordance with rulesadopted by the department.

 

(d) The permits under subsections (b) and (c) of this sectionshall be issued under rules adopted by the department. The department shall byrule establish a reasonable fee for each permit.

 

11-7-406. Penalty.

 

Any person who violates this act is guiltyof a misdemeanor punishable by a fine of not more than seven hundred fiftydollars ($750.00). Each day a violation of this act continues is a separateoffense.

 

11-7-407. Laboratory authorized; fees for services.

 

The department may develop and maintain alaboratory at the University of Wyoming agriculture extension center at Powellto provide analytical services required under this act and may authorize thelaboratories to provide services to persons possessing bees or equipment bycharging a fee equal to the cost of providing those services.

 

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