CHAPTER
Agr 1800
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
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
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 BEE
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
(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,
(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)
"
(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
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
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
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
(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
(a)
Used beekeeping equipment, or honeybee queens, bee packages, and
colonies shall be allowed into
(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
(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 |
|
|
|
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, |
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, |
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 |