CHAPTER 366

FORMERLY

HOUSE BILL NO. 671

AN ACT TO AMEND CHAPTER 75, TITLE 3 OF THE DELAWARE CODE RELATING TO BEE KEEPING.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: (Two- thirds of all members elected to each House thereof concurring therein):

Section 1. Amend Chapter 75. Title 3 of the Delaware Code by adding three new paragraphs to §7501, to be known and referred to as paragraphs (9), (10) and (11), which shall read as follows:

"(9) 'Africanized bee' means Apis mellifera Scutellata or Apis =littera Adansonl or other exotic species.

(10) 'Mite' means Acarapis woodi. Varroa jacobsoni.

(11) 'Inspector' means any qualified person who Is appointed by the Department for the purpose of inspecting honeybee colonies."

Section 2. Amend Section 7502, Chapter 75, Title 3 of the Delaware Code by deleting paragraph (c) of the said Section in its entirety and by amending paragraphs (d) and (c) to read as follows:

"(d) Upon the written request of one or more bee keepers In any county of the State, the State Apiarist or the inspector shall within a reasonable time examine the bees in that locality suspected of being infested or infected with any bcc disease, mite or Africanized honeybee, he shall cause suitable approved measures to be taken for the eradication and control of the disease.

(e) The State Apiarist or the Inspectors shall, at least once each year, examine all bees and all known apiaries in the State, and if any arc found to be infested or Infected by a disease, mite or Africanized honeybee, the State Apiarist shall cause suitable approved steps to be taken for eradication and control of the disease, mite or Africanized honeybee."

Section 3. Amend Section 7503, Chapter 75. Title 3 of the Delaware Code by deleting said section in its entirety and substituting in lieu thereof the following:

"Section 7503. Inspection, Quarantine. Destruction of Bees, Appeal

For the enforcement of this Chapter, the Department of Agriculture, the State Apiarist and the State Bee Inspectors may enter upon any public or private premises, and shall have access, ingress, and egress to and from all apiaries or places where bees, bcc equipment and appliances arc kept, for the purpose of ascertaining whether any disease, mite or Africanized honeybee exists therein. If any disease, mite or Africanized honeybee exists in such apiaries, the State Apiarist or the bcc Inspector, subject to the approval of the Department of Agriculture, shall declare such apiaries to be each the center of a quarantine zone in the form of a circle three miles in radius, and shall prescribe suitable measures to be carried out for the eradication and control of the disease. mite, or Africanized honeybee. Whenever the owners of such apiaries fall or refuse to take such steps as maybe prescribed by the State Apiarist or the Bee Inspector to eradicate any disease. mite or Africanized honeybee from such apiaries. the State Apiarist may cause the illscaled bees, together with any infested or infected bcc equipment or appliances, to be destroyed in such manner as may be deemed best. after first giving to the owner five days' notice thereof in writing and and an opportunity to be heard, and shall take such further steps as he may deem necessary to prevent the spread of the disease, mite or Africanized honeybee. Any owner may. within five days of receipt of such notice, appeal from the decision of the State Apiarist to be the Superior Court for the County in which such apiary, bcc equipment or appliances are located, by filing therein a petition setting forth the Cuau and making the State Apiarist a party defendant. Appeals shall be heard and determined by the Court as expeditiously as possible."

Section 4. Amend Section 7504, Chapter 75, Title 3 of the Delaware Code by adding to the end of the first paragraph the following:

"All persons keeping bees in the State shall annually register any and all of their colonies and apiary locations with the Department on forms supplied by the Department on or before January 30th of each year."

Section 5. Amend Section 7506. Chapter 75, Title 3 of the Delaware Code by deleting said section In its entirety and substituting in lieu thereof the following:

"Section 7506. Exposure of Infested or Infected Bees or Equipment

No person in this State shall expose any diseased, mite infested or Africanized honeybee, or any infected or infested hives, equipment or appliances so that flying bees may have access to them.

Any person keeping bees in the State shall notify the. Statc Apiarist immediately of the existence or the suspected existence of any bee disease. mite or Africanized honeybee in his own or any other apiary in the State."

Section 6. Amend Section 7509, Chapter 75, Title 3 of the Delaware Code by adding the phrase "mite infested or Africanized honeybee" after the word "disease" each time It appears in the subsection.

Section 7. Amend Section 7510. Chapter 75, Title 3 of the Delaware Code be deleting said section In its entirety and substituting in lieu thereof the following:

"Section 7510. Importation of Bees or Used Bee Equipment or Appliances

(a) No person shall ship or transport any colony of bees, or used beekeeping equipment into the State that is not accompanied by an entry permit issued by the Department.

(b) Before a person may ship or transport into the State any colony of bees, or used beekeeping equipment, the person shall request an entry permit by submitting to the Department an inspection certificate from an authorized inspector of the State of origin that includes the following information:

(1) A statement that the colonies or used beekeeping equipment is free of all diseases, mites and Africanized honeybees, based on an Inspection within the preceding sixty (60) days.

(2) Name, address and state of residence of owner and shipper.

(3) Number of hives that contain bees.

(4) Location of apiary sites where the bees will be kept.

(c) Any uncertified bees must be removed from the State within twenty- four (24) hours."

Section 8. Amend Section 7511. Chapter 75, Title 3 of the Delaware Code by deleting said section in Its entirety and substituting In lieu thereof the GA/owing:

"Section 7511. Inspection of Ducal—Rearing Apiaries

Every person rearing queen bees in the State for gift or sale shall have his or her queen rearing apiaries Inspected at lout once each year by the State Apiarist or Inspector and on the discovery of any bee disease, mite or Africanized honeybee such person shall immediately cease to ship bees from such apiaries, until the State Apiarist declares the apiaries free of diseases, mites, or Africanized honeybees and issues a certificate to that effect."

Section 9. Amend Section 7512, Chapter 75, Title 3 of the Delaware Code by changing "ten dollars" to "fifty dollars" in every location in said section and by changing "fifty dollars" to "one hundred dollars" in every place it appears in said section.

Section 10. Amend Chapter 75, Title 3 of the Delaware Code by adding thereto a now section to read as follows:

"Section 7513. Importation of Queens, Cornbless Packages or Nucleus Colonies

A person may not ship or transport into this State any queen bee, tombless packages of bees or nucleus colonies of bees unless it is accompanied by a valid inspection certificate issued by an authorized Inspector of the state of origin, stating that the queen bee, tombless package bees, or nucleus colony is from an apiary free of diseases, mites and Africanized bees.

A person may not ship or transport into the State any queen bee, tombless packages, or nucleus colony from any state or country that does not have an apiary Inspection service."

Approved June 30, 1986.