Current through Register Vol. XLI, No. 36, September 6, 2024
Section 61-2-5 - Right of entry; Apiary inspections; Quarantines5.1. An inspector shall inspect a colony of bees by removing three (3) or more frames containing developing brood from the hive and examining both sides for evidence of bee disease.5.2. A person shall not keep or maintain bees in any hive or receptacle which does not permit the thorough examination of the brood combs. 5.2.a. Whenever and wherever an inspector finds that the inspection of bees is impossible due to the keeping of bees in hives or other receptacles not equipped to permit the examination of brood combs, the inspector shall inform the beekeeper in writing of the condition, provided that no transmissible bee disease is found in the environs of the hives or other receptacles. The beekeeper has twelve (12) months from the initial date of notification to correct the condition. Whenever or wherever these conditions are not corrected within 12 months from the date of notification of the beekeeper, the Commissioner shall quarantine the colonies until the condition is corrected.5.2.b. If a transmissible bee disease is confirmed by laboratory analysis in the Department's laboratory or by the United States Department of Agriculture - Agricultural Research Service in the environs of an apiary equipped with hives or receptacles which do not permit the thorough examination of the brood combs, the colonies contained in the hives or receptacles shall be considered affected with the confirmed bee diseases and shall be destroyed or sterilized. In order to protect the beekeeping industry, the Commissioner shall require immediate destruction of the hives or receptacles.5.3. After inspecting or handling any disease infected bee equipment or appliances, and before proceeding to any other apiary, the inspector and every assistant, whether a beekeeper or inspector, shall thoroughly disinfect and/or de-contaminate every portion of their person and clothing, and any appliances that may have been in contact with infected materials.5.4. The Commissioner shall quarantine all apiaries that are confirmed by laboratory analysis in the Department's laboratory or by the United States Department of Agriculture - Agricultural Research Service as infected with a transmissible bee disease. The inspector will submit to the apiary owner, or person in charge of the apiary, a written document stating the nature of the disease and a statement whether the disease may be successfully treated or not. In addition, the inspector shall include in the document recommendations for treatment, if any, and a statement of policy. Upon receipt of the documents, the apiary owner, or person in charge, shall, by signed agreement, willingly acknowledge and accept full responsibility for compliance with the quarantine and the treatment. The apiary owner shall treat, or cause to treat the quarantined colonies as soon as possible, but no later than fourteen days from the notification. 5.4.a. If the incidence of the bee disease is such that, in the judgment of the inspector, chemical control treatment may be successful, the apiary owner shall treat the affected colonies, as prescribed by the inspector.5.4.b. If the incidence of the bee disease is such that, in the judgment of the inspector, no treatment may be successful, as in the case of infection with American foulbrood, then the inspector shall notify the apiary owner that the affected colonies must be destroyed. The inspector shall be present during the destruction of the colonies and destruction or sterilization of the bee equipment.5.5. The apiary owner may sterilize, at his or her own expense and by any appropriate method specified by the inspector and approved by the commissioner, any vacant bee equipment that may have been directly or indirectly exposed to contagious bee disease. Any equipment not so sterilized must be destroyed.5.6. The Commissioner shall not quarantine any colonies confirmed infected with any non-transmissible parasitic infestation or bee disease. The apiary owner shall, however, be encouraged to treat the colonies according to the written specifications provided by the inspector.5.7. The Commissioner shall not bring additional regulatory action against any apiary owner who is complying or attempting to comply with the terms of quarantine.5.8. The Commissioner shall review any violation of a quarantine and, depending upon the severity of the violation, shall assess other penalties as provided by West Virginia Code § 19-13-1 et seq.