Section 20 031 002 - VERMONT APIARY INSPECTION REGULATIONSPursuant to the authority vested by 6 V.S.A. Chapter 172, the Commissioner of Agriculture hereby issues the following Regulations:
Section I DEFINITIONS1. "Abandoned apiary" means any apiary in this state whose location has not been registered with the Commissioner and for which the owner cannot be located after reasonable effort.2. "A.I.A. Resolution 7" means Resolution # 7 as adopted at the 1985 Annual Meeting of the Apiary Inspectors of America, entitled "Tracheal Mite Certification of Honey Bee Colonies," and which is set forth, in full, in Appendix A of these regulations.3. "Apiary" means a place where one or more colonies of bees are kept and shall include hives and bees.4. "Bee" means the insect commonly known as the honeybee (Apis mellifera), or other species of the genus Apis, at any stage of its existence including the egg, larval, pupal or adult stages.5. "Brood comb" means a structure of cells composed of beeswax in which bees lay their eggs and in which immature bees are reared.6. "Colony" means the hive and its equipment including bees, comb and honey.7. "Commissioner" means the Commissioner of the Department of Agriculture or his or her designee.8. "Department" means the Vermont Department of Agriculture.9. "Destroy" means to burn bees, combs and frames or other equipment which cannot be disinfected by scorching or other approved methods. 10. "Disease" shall mean any serious malady which is infectious, contagious, or injurious to bees and shall include, but is not limited to: American foulbrood, European foulbrood, or external or internal parasites or parasitoids of bees.11. "Equipment" means hives, supers, and frames.12. "Hive" means frame, hive, box hive, box, barrel, log gum, skep or other receptacle or container, natural or artificical[artificial], or any part thereof, which is used or employed as a domicile for bees.13. "Honeycomb" means a structure of cells composed of beeswax in which bees store honey.14. "Inspector" means any person designated by the Commissioner to inspect apiaries and enforce this chapter.15. "Owner" means a person who in any way owns, leases, possesses or otherwise controls an apiary, colony, hive, bees, or equipment and shall include the agent of such person.16. "Person" shall include all corporations, partnerships, associations, societies, individuals or group of individuals or any employee, servant or agent acting for or employed by any person as above defined.17. "Reasonable hour" means any time of day between 7:00 a.m. and sunset when the temperature is above 60 degrees Fahrenheit.18. "Serious disease" means a disease that threatens the existence of the colony which includes, but is not limited to, American foulbrood, European foulbrood, or external or internal parasites or parasitoids of bees.Section II CERTIFICATES OF INSPECTION1. The Commissioner may issue the following certificates of inspection: a. A certificate of inspection certifying that an apiary has been inspected in accordance with 6 V.S.A. Chapter 172 and the regulations promulgated thereunder and has been found to be apparently free of diseases injurious to bees.b. A certificate of inspection certifying that an apiary, colony, hive equipment or shipment of bees has been inspected in accordance with any particular sampling or inspection procedure, and that the bees or equipment so inspected are apparently free of diseases or are free of any particular disease or condition for which they have been inspected.2. The Commissioner may suspend, amend, revoke or cancel any certificate of inspection issued under 6 V.S.A. Chapter 172 or the regulations promulgated thereunder if he or she finds that the conditions under which a previous inspection was made have changed, or that a disease condition has become present.3. The Commissioner may order that any bees or equipment inspected under 6 V.S.A. Chapter 172 or the regulations promulgated thereunder be: b. treated in a particular manner; orc. transported, sold or otherwise distributed only under certain conditions such as the Commissioner may prescribe.4. It shall be deemed to be a violation of 6 V.S.A. Chapter 172 and the regulations promulgated thereunder for any person to:a. refuse or otherwise fail to comply with any validly issued order of the Commissioner regarding the transportation, treatment or destruction of diseased bees or equipment; orb. impede or hinder the Commissioner in discharging any of the responsibilities conferred by 6 V.S.A. Chapter 172 and the regulations promulgated thereunder.Section III INSPECTION OF APIARIES 1. The Commissioner may examine all apiaries as necessary to determine whether any disease condition exists.2. Any apiary in which a disease condition is found shall be inspected a second time no less than ten days after the first inspection.3. If, upon inspection, the Commissioner finds no indication of any serious bee disease, he may leave notice of inspection with the owner of the apiary, at the owner's house or place of business, or in a conspicuous place at the apiary site.4. If, upon inspection, the Commissioner finds or suspects the presence of a serious bee disease, he will mark or cause to be marked, in a clear and conspicuous manner, the hive or hives in which the disease is found or suspected. The marking shall be on all supers, hive bodies, covers and bottom boards. A sample of the suspected or diseased bees (larval smear) or comb may be taken and sent to the federal bee disease laboratory for confirmation. If the federal laboratory confirms the presence of any serious bee disease, the Commissioner may destroy any infected colony of bees which he finds not to be cured of the disease or not handled according to his instructions, together with honeycombs, hives or other equipment, without recompense to the owner of such bees or equipment.5. Nothing in this regulation shall prevent the Commissioner from destroying or treating, with the consent of the owner, or his or her agent, any bees or equipment at any time.6. The completion date for any order to treat or destroy bees shall be at least ten days after the issuance of such order.Section IV APIARY LOCATION 1. A person who petitions the state for permission to establish an apiary within two miles of an existing registered apiary which has fallen below fifteen hives, as provided for in 6 V.S.A Section 3034(5), shall send the petition to the Commissioner, in writing, with an attached statement detailing the locations of the existing and proposed apiaries, as well as any other information required by the Commissioenr.2. The Commissioner shall maintain a list of apiary locations. Apiaries listed thereon shall be considered properly registered.Section V HONEY BEE TRACHEAL MITE QUARANTINE1. Authority of the Commissioner. Pursuant to the authority of 6 V.S.A. Section 3030, the Commissioner declares the tracheal mite, Acarapis woodi, an internal parasite of honeybees, to be a pest which could be detrimental to the beekeeping industry in Vermont. A quarantine is hereby established against bees infested with tracheal mite.
2. Regulated Articles. a. The following items and commodities are prohibited from entry into Vermont: Bee colonies, packaged bees and queen bees of the species Apis mellifera which originated in or, during the previous two years, overwintered in any state or county now or in the future under federal or state quarantine imposed for the purposes of controlling or eradicating the tracheal mite, or in any state or county in which the mite is known to have become established or is endemic.
b. Bee colonies, packaged bees and queen bees not otherwise excluded under Subsection 2.a of this Section may enter Vermont only when each shipment of such items is accompanied by the following: (1) A valid certificate of inspection, issued by the state or county of origin, as required by 6 V.S.A. Section 3032, and(2) A certification, issued by the state or county of origin, certifying that the bees contained in the shipment are from an apiary which has been sampled in accordance with A.I.A. Resolution 7 and have been found to be free of tracheal mite.c. For the purposes of the certification required by Subsection 2.b of this Section, a single health certificate, issued by the state or county of origin as required by 6 V.S.A. Section 3032, which contains a specific certification that the bees contained in the shipment are from an apiary which has been sampled in accordance with A.I.A. Resolution 7 and have been found to be free of tracheal mite, will be accepted.3. Certification of Bees for Shipment Out of Vermont Bees intended for shipment to locations outside of Vermont may be certified as apparently free of tracheal mite. Upon request of any beekeeper registered with the Vermont Department of Agriculture, or any other interested person, the Commissioner shall inspect and take bee samples from that person's apiary. The sampling shall be conducted in accordance with A.I.A. Resolution 7. If the apiary is found to be apparently free of tracheal mite, the Commissioner shall issue a certificate to that effect.
Nothing in this regulation shall be construed to limit any of the authority of the Commissioner under 6 V.S.A. Chapter 172 or these regulations or any other statutory or regulatory provisions.
4. Attachment of Certificate. The certificate or certificates required by Sub sections 2 or 3 of this Section shall be securely attached to the outside of the container in which the bee colonies, packaged bees or queen bees are moved or transported. Except that, in lieu of attachment to the container, the certificate or certificates may be attached to a shipping document which accompanies such shipment, provided that the regulated articles are adequately described on the shipping document or the certificates.
5. Movement of Diseased Bees within Vermont. No person shall transport or cause to be transported within the State of Vermont any live or dead bees from any apiary in which tracheal mite is found, except upon specific orders of the Commissioner.
6. Violation of Quarantine. a. It shall be a violation of 6 V.S.A. Chapter 172 and these regulations for any person to ship or cause to be shipped into Vermont any bee colonies, packaged bees, or queen bees which are prohibited under Subsection 2.a of this Section, or are not accompanied by a valid certificate or certificates under Subsection 2.b and 2.c of this Section.b. It shall be a violation of 6 V.S.A. Chapter 172 and these regulations to ship within Vermont any live or dead bees in which the Commissioner has identified the presence of tracheal mite and has restricted such movement in accordance with Subsection 5. of these regulations.c. Each shipment transported into or within Vermont in violation of Section V of these regulations shall be considered to be a separate violation of 6 V.S.A. Chapter 172 and these regulations. A fine of up to $ 500.00 for each violation is provided for in 6 V.S.A Section 3035. Appendix A Apiary Inspectors of America Resolution from 1985 Annual Meeting
Resolution # 7--Tracheal Mite Certification of Honey Bee Colonies
WHEREAS, there is a lack of uniform honey bee tracheal mite sampling requirements pertaining to interstate movement of bees from States, and
WHEREAS, variations in procedures and regulations between States would create havoc within the industry, and
WHEREAS, the American Beekeeping Federation has requested the Apiary Inspectors of America (AIA) to seek adoption of uniform certification requirements, now therefore:
BE IT RESOLVED: That the AIA requests all States to adopt the following uniform requirements for determining a tracheal-mite-free status of honey bees to be moved interstate.
A. Noninfested States--Sampling will be conducted at the 1984 national survey level to determine a mite-free State status. Sampling must have been completed within a 12-month period in order to certify bees for shipment. No additional sampling is required for individual shipments.B. Infested States with eradication--Sampling required as in A.C. Infested States with county quarantines.1. Noninfested counties--Sampling required as in A.2. Infested counties-- a. 1 (one) sample/50 colonies must be taken.b. 10 percent of the colonies must be sampled with at least 5 colonies being sampled.c. 500 bees must be collected per sample.d. 100 bees must be examined from each sample.e. Sampling must have been completed within a 12-month period.D. Generally infested States--All bees leaving State must be certified as listed in C.2.E. Any operation currently with mite-infested colonies is not eligible for certification.20-002 Code Vt. R. 20-031-002-X
Effective Date: February 5, 1986 (Secretary of State Rule Log # 86-2) Statutory Authority: 6 V.S.A. Chapter 172