CHAPTER Agr 1800  NEW HAMPSHIRE ADMINISTRATIVE REQUIREMENTS FOR THE KEEPING OF HONEY BEES

 

Statutory Authority:  RSA 429:8

 

REVISION NOTE:

 

          Document #5802, effective 3-25-94, made extensive changes to the wording, format and numbering of rules in Chapter Agr 1800.  Document #5802 supersedes all prior filings for the sections of this chapter.  The prior filings for former Chapter Agr 1800 include the following documents:

 

#1736, eff 4-1-81

 #2187, eff 12-10-82

#2859, eff 9-24-84, EXPIRED 9-24-90

 

PART Agr 1801  Purpose and Scope

 

          Agr 1801.01  Purpose.  The division of plant industry is charged with apiary inspection and regulation under the immediate supervision of the state entomologist and commissioner of the New Hampshire department of agriculture, markets and food.  These rules are intended to clarify the requirements, procedures, and methods that inspectors and beekeepers shall follow in dealing with infectious or contagious diseases, parasites or pests of honeybees or brood.

 

Source.  (See Revision Note at chapter heading for Agr 1800) #5802, eff 3-25-94, EXPIRED: 3-25-00

 

New.  #7284, eff 5-24-00, EXPIRED: 5-24-08

 

New.  #10586, eff 5-13-14

 

          Agr 1801.02  Scope.  These rules shall apply to individuals who voluntarily seek apiary inspection, or to situations in which the department has the authority to mandate an inspection, pursuant to RSA 429:2 and 429:3.

 

Source.  (See Revision Note at chapter heading for Agr 1800) #5802, eff 3-25-94, EXPIRED: 3-25-00

 

New.  #7284, eff 5-24-00, EXPIRED: 5-24-08

 

New.  #10586, eff 5-13-14

 

PART Agr 1802  BEEKEEPING Definitions

 

          Agr 1802.01  Definitions.  In Agr 1800, the following terms shall have the following meanings:

 

          (a)  "Abate" means to take steps to terminate the development or spread of contamination by bee diseases, parasites or pests;

 

          (b)  "Acarapis woodi (Rennie)" means an endoparasitic mite of adult honeybees that lives in the anterior thoracic trachea.  This mite is commonly referred to as the "honeybee tracheal mite" or "acarine mite";

 

          (c)  "Acaricide" means any chemical or biological agent used to control mites;

 

          (d)  "Africanized honeybee" means honeybees of the subspecies Apis mellifera scutellata;

 

          (e)  "American foulbrood (AFB)" means the contagious disease of bee larvae caused by Bacillus      larvae;

 

          (f)  "Apiary" means a place where one or more colonies of honey bees is kept and includes hives, honey bees and beekeeping equipment;

 

          (g)  "Bee disease" means American foulbrood, sacbrood, bee paralysis or other diseases or abnormal conditions of egg, larval, pupal or adult stages of bees;

 

          (h)  "Bee package" means a quantity of bees, with or without a queen, sold as a package to start or boost colonies;

 

          (i)  "Beekeeper" means owner or operator in charge of maintaining the apiary;

 

          (j)  "Brood" means bees in any stage of development preceding emergence as adults;

 

          (k)  "Certificate of inspection" means a document issued upon inspection of bees and/or beekeeping equipment by the department of agriculture, markets and food, indicating the health conditions of the colony and/or equipment;

 

          (l)  "Colony" means the hive and associated equipment, including bees, comb and honey;

 

          (m)  "Commissioner" means the commissioner of the New Hampshire department of agriculture, markets and food;

 

          (n)  "Contaminated" means infected, or liable to carry infection, with a disease or parasite of the honeybee;

 

          (o)  "Director" means the state entomologist, director of the division of plant industry, New Hampshire department of agriculture, markets and food;

 

          (p)  "Equipment" means hives, supers, frames, veils, gloves or other apparatus, tools, machines or other devices used in the handling and manipulation of bees;

 

          (q)  "Hive" means a container that is used as a domicile for bees;

 

          (r)  "Honeybee" means the species of bee identified as Apis mellifera;

 

          (s)  "Inspector" means any person who is authorized by the commissioner to enforce this chapter;

 

          (t)  "Nosema" means Nosema apis and Nosema ceranae, internal parasitic microsporidia or fungi of honeybees;

 

          (u)  "Parasite" means the honeybee tracheal or varroa mite or other such pests which live in or on the honeybee and at the expense thereof;

 

          (v)  "Pest" means any destructive living organism which might be harmful to bees, including but not limited to diseases, parasites, and Africanized strains of honeybees;

 

          (w)  "Pesticide" means any chemical or biological agent used to control a pest;

 

          (x)  "Regulated pests" means those diseases and parasites that are required to be abated due to their negative impact on the beekeeping industry;

 

          (y)  "Robbing" means the gathering of honey by bees, hornets, or wasps from another hive instead of gathering nectar from flowers or other plant sources;

 

          (z)  "Tropilaelaps clarae" means an external parasitic mite presently found in Asia on certain species of honeybees that feed on living or dead larvae, pupae and adult honeybees; and

 

          (aa)  "Varroa mite" means external parasitic mites in the genus Varroa that feed on living honeybee larvae, pupae and adults.

 

Source.  (See Revision Note at chapter heading for Agr 1800) #5802, eff 3-25-94, EXPIRED: 3-25-00

 

New.  #7284, eff 5-24-00, EXPIRED: 5-24-08

 

New.  #10586, eff 5-13-14

 

PART Agr 1803  APIARY IDENTIFICATION AND MAINTENANCE

 

          Agr 1803.01  Apiary Identification.  Beekeepers shall print, stencil, or brand their name, mailing address, and phone number directly on the outside of the hive body, the underside of the top covers, or a sign prominently displayed in the apiary to facilitate communication by inspectors and emergency personnel.

 

Source.  (See Revision Note at chapter heading for Agr 1800) #5802, eff 3-25-94, EXPIRED: 3-25-00

 

New.  #7284, eff 5-24-00, EXPIRED: 5-24-08

 

New.  #10586, eff 5-13-14

 

          Agr 1803.02  Apiary Maintenance.

 

          (a)  Pursuant to RSA 429:4, no person shall keep or maintain bees in any hive other than a movable frame hive that permits a thorough examination of every brood comb for the presence of diseases or parasites. The use of all other types of hives or receptacles for bees, whether manufactured or natural, shall be prohibited.

 

          (b)  Beekeepers shall maintain their apiaries and all bee equipment in such a manner that the apiaries or equipment shall not be susceptible to “robbing” in any form or at any time.

 

          (c)  If the inspector finds conditions (a) and (b) above are not met, or other unsanitary conditions or maintenance methods are found, including but not limited to the presence of infectious diseases, equipment or combs infected with insects or other animals, or improper use of treatments not in accordance with the label, then such conditions or methods shall be abated by the beekeeper as directed by the inspector.

 

Source.  (See Revision Note at chapter heading for Agr 1800) #5802, eff 3-25-94, EXPIRED: 3-25-00

 

New.  #7284, eff 5-24-00, EXPIRED: 5-24-08

 

New.  #10586, eff 5-13-14

 

PART Agr 1804  APIARY INSPECTIONS

 

          Agr 1804.01  Apiary Inspection.

 

          (a)  At the beekeeper’s request or on suspicion of the presence of a regulated pest, the inspector shall inspect colonies for brood diseases and parasites by lifting frames of brood from the colony and examining the brood on both sides of the frame for evidence of any disease or parasites.

 

          (b)  Inspectors shall disinfect hive tools and gloves or hands when moving from one apiary to another.

 

Source.  (See Revision Note at chapter heading for Agr 1800) #5802, eff 3-25-94, EXPIRED: 3-25-00

 

New.  #7284, eff 5-24-00, EXPIRED: 5-24-08

 

New.  #10586, eff 5-13-14

 

          Agr 1804.02  Inspection Fees.

 

          (a)  The fee schedule shall be as follows:

 

(1)  For 1-10 colonies the fee shall be $5;

 

(2)  For 11-50 colonies the fee shall be $20;

 

(3)  For 51-100 colonies the fee shall be $35;

 

(4)  For 101-250 colonies the fee shall be $50; and

 

(5)  A fee of $5 shall be charged for each sample brought into the laboratory or taken by the inspector at the request of the beekeeper.

 

          (b)  Checks for inspection services provided under Agr 1804.01 shall be made payable to "Treasurer, State of New Hampshire."  The inspection fee must be paid to the inspectors, upon completion of the inspection.

 

Source.  #10586, eff 5-13-14

 

          Agr 1804.03  Issuance of Certificate of Inspection.

 

          (a)  After an official inspection has been made of the colony or colonies and equipment, the apiary inspector or the director of the division of plant industry shall issue a certificate of inspection.

 

          (b)  The certificate of inspection shall state:

 

(1)  That the bees and equipment have been inspected;

 

(2)  The date of the inspection;

 

(3)  The principle findings of the inspection; and

 

(4)  The name of the inspector.

 

Source.  #10586, eff 5-13-14

 

PART Agr 1805  DISEASE AND PARASITE CONTROL

 

          Agr 1805.01  Diseases and Parasites of Honeybees.

 

          Regulated diseases and parasites shall include:

 

          (a)  Africanized honeybee (Apis mellifera scutellata);

 

          (b)  American foulbrood (Bacillus larvae); and

 

          (c)  Tropilaelaps mite (Tropilaelaps clarae).

 

Source.  (See Revision Note at chapter heading for Agr 1800) #5802, eff 3-25-94, EXPIRED: 3-25-00

 

New.  #7284, eff 5-24-00, EXPIRED: 5-24-08

 

New.  #10586, eff 5-13-14

 

          Agr 1805.02  Procedures for Abatement of Regulated Pests and Diseases.

 

          (a)  When, during the course of colony inspections, a regulated disease or parasite is found in an apiary, the inspector conducting the inspection shall:

 

(1)  Declare the honeybees and the equipment contaminated by the regulated diseases or parasites to be a danger for spreading these pests, and order the isolation of affected colonies until the diagnosis is confirmed by an approved laboratory; and

 

(2)  Provide the beekeeper of the affected apiary with an inspection report stating the suspected diagnosis and the manner in which the diseased or infested colonies or combs have been marked.

 

          (b)  Upon official confirmation of the diagnosis, the inspector shall:

 

(1)  Provide a copy of the confirmation to the beekeeper;

 

(2)  Serve notice to the beekeeper ordering abatement of the regulated pest within 10 days; and

 

(3)  The notice shall be served:

 

a.  Personally or by mail to the last known address of the beekeeper; or

 

b.  By posting it in a conspicuous place in the apiary when the beekeeper is not known.

 

          (c)  The beekeeper shall, at the request of the inspector, provide the location of every apiary the beekeeper owns or operates in New Hampshire.

 

          (d)  The inspector, after informing the director of the division of plant industry, shall, at the beekeeper’s expense, abate the disease, mites, or Africanized honeybees immediately after expiration of the time specified in the notice, if:

 

(1)  The beekeeper of an apiary in which the regulated pests are found to exist cannot be located after contacting adjoining landowners, city or town clerk or police and/or fire department; or

 

(2)  Notice has been served pursuant to these rules, and the beekeeper refuses or neglects to abate the regulated pests within the time specified in the notice.

 

(e)  For abatement of AFB, the inspector, or the beekeeper under the supervision of the inspector, shall:

 

(1)  Burn the diseased honeybees and contaminated equipment with city or town approval as follows:

 

a.  The diseased colonies of honeybees shall be exterminated with an insecticide that meets the rules and requirements of the pesticide control board and the New Hampshire department of agriculture, markets and food, division of pesticide control, pursuant to RSA 430:28-430:50. The components of the contaminated hive, such as brood chamber, supers, frames, inner cover, outer cover, bottom board, and wooden rimmed queen excluder, together with any bees and diseased comb found in the apiary, shall be burned in a burn barrel, a pit not less than 18 inches deep, or in some other manner approved by the local fire department, and the ashes shall be covered with at least 6 inches of soil; or

 

b. The diseased colonies of honeybees shall be exterminated pursuant to Agr 1805.02(e)(1)a., and the contaminated hive components, including dead bees, shall be placed in sealable containers and incinerated at an approved incineration facility; or

 

(2)  Abate the diseased honeybees and contaminated equipment following recommendations by the inspector, who shall reinspect the colony or colonies after 10 days.  If AFB is still present in the colony or colonies, the honeybees and the contaminated equipment shall be destroyed pursuant to Agr 1805.02(e)(1).

 

          (f)  For abatement of Tropilaelaps clarae mites, the inspector, or the beekeeper under the supervision of the inspector, shall abate the infested honeybees and equipment following recommendations by the inspector.

 

          (g)  For abatement of Africanized honeybees, Apis mellifera scutellata, the apiary shall be condemned, and the inspector, or the beekeeper under the supervision of the inspector, shall:

 

(1)  Exterminate, pursuant to Agr 1805.02(e)(1)a., colonies of Africanized honeybees exhibiting levels of aggression deemed by the inspector to be a danger to the general public;

 

(2)  Abate colonies of Africanized honeybees not exhibiting aggression as in (1) above following recommendations by the inspector; or

 

(3)  Abate colonies of Africanized honeybees not exhibiting aggression as in (1) above by the following:

 

a.  The Africanized queens shall be destroyed;

 

b.  The colonies shall be requeened with non-Africanized honeybee queens;

 

c.  The first generation of adult offspring shall be resampled; and

 

d.  If the resampled offspring are determined to be Africanized honeybees, the colony shall be exterminated pursuant to Agr 1805.02(e)(1)a.

 

Source.  (See Revision Note at chapter heading for Agr 1800) #5802, eff 3-25-94, EXPIRED: 3-25-00

 

New.  #7284, eff 5-24-00, EXPIRED: 5-24-08

 

New.  #10586, eff 5-13-14

 

PART Agr 1806  INTERSTATE MOVEMENT OF BEES

 

          Agr 1806.01  Transporting Bees Into or Through New Hampshire.

 

          (a)  Used beekeeping equipment, or honeybee queens, bee packages, and colonies shall be allowed into New Hampshire only when accompanied by a certificate signed by the state entomologist, state apiary inspector, or similar official of the state or country of origin. 

 

          (b)  The certificate shall:

 

(1)  Certify the apparent freedom from infectious diseases, parasites and pests; and

 

(2)  Be based on an actual inspection within a period of 30 days preceding the date of entry into New Hampshire. 

 

          (c)  Colonies of honeybees transported into or through the state of New Hampshire shall be covered with wire mesh, screen, or netting commonly used by migratory beekeepers, or otherwise restricted to confine the bees to the hives.  These colonies shall be subject to inspection by the apiary inspector as deemed necessary by the inspector or the director of the division of plant industry.

 

          (d)  Any honeybees or equipment that have been brought into New Hampshire without a certificate, shall be in violation of these rules, and shall be subject to inspection by the apiary inspector.

 

Source.  (See Revision Note at chapter heading for Agr 1800) #5802, eff 3-25-94, EXPIRED: 3-25-00

 

New.  #7284, eff 5-24-00, EXPIRED: 5-24-08

 

New.  #10586, eff 5-13-14

 

APPENDIX

 

Rule

Specific State Statute the Rule Implements

 

 

Agr 1801

RSA 429:8

Agr 1802

RSA 429:8, I

Agr 1803.01

RSA 429:2 and RSA 429:8, I

Agr 1803.02

RSA 429:4 and RSA 429:8, III

Agr 1804.01

RSA 429:2, 429:3, and RSA 429:8, I

Agr 1804.02

RSA 429:8, II

Agr 1804.03

RSA 429:2 and RSA 429:8, I

Agr 1805.01

RSA 429:8, III and RSA 429:8, V

Agr 1805.02

RSA 429:2, RSA 429:3, RSA 429:8, III; RSA 429:8, V, RSA 430:28-RSA 430:50

Agr 1806.01

RSA 429:7 and RSA 429:8, IV