Definitions, Registration with the Department, Location of Managed Honey Bee Colonies, Apiary Inspection Procedures, Issuance of Compliance Agreements and Certificates, Special Inspection to Meet Requirements of Other States and for Export to ...
DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
RULE NOS.:RULE TITLES:
5B-54.001Definitions
5B-54.010Registration with the Department
5B-54.0105Location of Managed Honey Bee Colonies
5B-54.011Apiary Inspection Procedures
5B-54.014Issuance of Compliance Agreements and Certificates
5B-54.015Special Inspection to Meet Requirements of Other States and for Export to Foreign Countries
5B-54.016Interim Detention of Honey Bees and Equipment
5B-54.017Destruction or Treatment of Infested or Infected Colonies
5B-54.0175Irradiation of Beekeeping Equipment
5B-54.018Compensation for Infested or Infected Colonies
5B-54.019Procedures for Abandoned Apiaries
NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 39, No. 125, June 27, 2013 issue of the Florida Administrative Register.
Note: A portion of the below Summary of SERC and Legislative Ratification was inadvertently omitted in the publication of the Notice of Proposed Rule:
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS (SERC) AND LEGISLATIVE RATIFICATION: The Agency has determined that this rule will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.
The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or, if no SERC is required, the information expressly relied upon and described herein: The Department’s economic analysis of the adverse impact or potential regulatory costs of the proposed rule did not exceed any of the criteria established in Section 120.541(2)(a), Florida Statutes. As part of this analysis, the Department relied upon past experiences with honeybee colony activities and rules of this nature. Additionally, no interested party submitted additional information regarding the economic impact.
Any person who wishes to provide information regarding the statement of estimated regulatory costs or to provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
5B-54.001 Definitions.
(1) For the purpose of this chapter, the definitions in Section 586.02, F.S., and the following definitions shall apply:
(a) Authorized Representative. Any designated employee, inspector, or collaborator of the department or the United States Department of Agriculture.
(b) Certificate of Inspection. An official document stipulating compliance with the requirements of this chapter. The term certificate may include label, rubber stamp imprint, tag permit, written statement, or any form of inspection and certification document which accompanies the movement of inspected and certified honey bees, honey bee equipment or other regulated articles.
(c) Certificate of Registration. An official document issued by the department to honey bee colony owners as evidence of being properly registered with the department in compliance with the requirements of this chapter.
(d) Division Director. The director of the Division of Plant Industry.
(e) Honey bee: means all species of the western honeybee (Apis mellifera). Managed colonies in the state of Florida are those that have European sub-species of Apis mellifera contained therein.
(f)(e) USDA. United States Department of Agriculture, Animal and Plant Health Inspection Services, Plant Protection and Quarantine.
(2) The purpose of this chapter is to identify and declare as nuisances those honey bee pests and unwanted races of honey bees which are known to science and considered to seriously threaten Florida’s beekeeping industry. It is also the purpose of this chapter to provide guidelines for registering beekeepers and the placement of honey bee colonies, conducting inspection, control, eradication, and regulatory action to prevent the establishment of honey bee pests and unwanted races of honey bees, to provide early detection of any new pests, and to prevent or control their distribution within the state if infestation occurs.
Rulemaking Authority 586.10(2) FS. Law Implemented 586.02, 586.11 FS. History–New 11-22-88, Amended 6-20-00, _________.
5B-54.002 Purpose.
No change.
Rulemaking Authority 586.10(2)(a) FS. Law Implemented 586.025, 586.045, 586.10(3)(b),(3)(c), 586.112 FS. History–New 11-22-88, Amended 11-4-92, _________.
5B-54.010 Registration with the Department.
Each beekeeper having honey bee colonies within the state must register with the department utilizing the following procedures:
(1) No change.
(2) Applicant’s honey bees shall have been inspected by an authorized representative of the department within a 12-month period preceding the date of application and found to be apparently free from honey bee pests listed under Rule 5B-54.003, F.A.C., and unwanted races of honey bees listed under Rule 5B-54.004, F.A.C., and to be reasonably free from common honey bee pests.
(3) By signing the application the beekeeper agrees to comply with appropriate rules of the department. Each Application for Beekeeping Registration (FDACS 08176, revised 07 01/13), must be accompanied by the proper registration fee based on the total number of colonies operated by the registrant as follows:
Number of Colonies
Fee
1 – 5
$10
6 – 40
$20
41 – 200
$40
201 – 500
$70
501 + – 2000
$100
(4) through (7) No change.
Rulemaking Authority 586.10(2) FS. Law Implemented 586.045, 586.10(3)(f) (9),(3)(i) (12), 586.15 FS. History–New 11-22-88, Amended 11-4-92, 6-20-00, 3-11-04, _________.
5B-54.0105 Location of Managed Honey Bbee Colonies.
(1) Managed European honey bee colonies may be located on either:
(a) Land classified as agricultural under Section 193.461, Florida Statutes, provided they are compliant with the provisions of Chapter 586, Florida Statutes, and all rules promulgated thereunder; or
(b) Land considered to be integral to a beekeeping operation other than agriculture provided the beekeeper signs a Beekeeper Compliance Agreement – Best Management Requirements for Maintaining European Honey Bbee Colonies (FDACS 08492, revised 09 01/13).
(2) The Beekeeper Compliance Agreement – Best Management Requirements for Maintaining European Honey bee Colonies (FDACS-08492, revised 09 01/13) which is hereby incorporated in this rule by reference and a copy may be obtained from the Division of Plant Industry, Bureau of Plant and Apiary Inspection, Post Office Box 147100, Gainesville, Florida 32614-7100 or online at at http://www.flrules.org/Gateway/reference. The Beekeeper Compliance Agreement – Best Management Requirements for Maintaining European Honey bee Colonies (FDACS-08492, revised 09 01/13) provides best management requirements for maintaining European Honey bee Colonies on non-agricultural Lands including swarm prevention techniques as explained in Swarm Control for Managed Beehives (UF-IFAS Publication ENY-160, revised November 2012) which is hereby incorporated in this rule by reference and a copy may be obtained from the Division of Plant Industry, Bureau of Plant and Apiary Inspection, Post Office Box 147100, Gainesville, Florida 32614-7100 or online at at http://www.flrules.org/Gateway/reference.
(3) Special Permits – The Director of the Division of Plant Industry shall issue a special permit for the placement of managed honey bee colonies on lands other than agricultural that do not meet the requirements within of (2) above provided the property is determined to be integral to a beekeeping operation based on the following standards and conditions:
(a) The property owner must submit a written request to the Assistant Chief of the Bureau of Plant and Apiary Inspection that includes a map of the property with the proposed number and location of the managed honey bee colonies;
(b) The property owner must submit written, signed statements from all contiguous property owners indicating their approval of having managed honey bee colonies present on the proposed permitted property;
(b)(c) The property owner must submit a written explanation of the justification for a special permit, including measures that will be taken to mitigate any best management requirements that cannot be met and any other special circumstances that are relevant; and
(c)(d) Agreement from the Division of Plant Industry Assistant Chief of Apiary Inspection and the Chief of Plant and Apiary Inspection that a special permit is justified and the bee keeping operation will not pose a public nuisance or unacceptable safety concern.
Rulemaking Authority 586.10 FS. Law Implemented 586.045, 586.10(3)(f)(9), (3)(i) (12), 586.15 FS. History–New __________.
5B-54.011 Apiary Inspection Procedures.
(1) Each Florida apiary shall be inspected and issued an Apiary Inspection Report (FDACS 08206, Revised 09 01/13) by an authorized representative of the department at such intervals as the department deems best for the detection of honey bee pests listed under Rule 5B-54.003, F.A.C., and unwanted races of honey bees under Rule 5B-54.004, F.A.C. Apiary Inspection Report (FDACS 08206, Revised 09 01/13) is hereby incorporated in this rule by reference and may be obtained from the Division of Plant Industry, Bureau of Plant and Apiary Inspection, Post Office Box 147100, Gainesville, Florida 32614-7100 or online at at http://www.flrules.org/Gateway/reference .
(2) Routine inspection of an apiary shall include actual visual inspection of not less than five (5) percent of the colonies hives included in the apiary. One hundred (100) percent of the colonies hives may be inspected if determined appropriate by the department. A minimum of ten (10) colonies hives shall be inspected in the apiary with all colonies hives inspected in any apiary consisting of less than ten (10) colonies hives.
Rulemaking Authority 586.10(2) FS. Law Implemented 586.10(3)(a,)(4) (3)(f), (9) FS. History–New 11-22-88, Amended 11-4-92, 6-20-00,_________.
5B-54.014 Issuance of Certificates.
(1) Certificates of Inspection.
(a) A Department issued certificate of inspection is required on each sale or movement of honey bees and other regulated articles within the state unless such regulated articles are identified as specified in Rule 5B-54.013, F.A.C. A registered beekeeper shall contact the Division of Plant Industry, Bureau of Plant and Apiary Inspection, Post Office Box 147100, Gainesville, Florida 32614-7100 to request the issuance of a Certificate of Apiary Inspection for Out of State and Re-Entry Shipments Into Florida (FDACS 08061, revised 01/13) or Queen Certificate (FDACS 08057, revised 01/13). A sample of the Certificate of Apiary Inspection for Out of State and Re-Entry Shipments Into Florida (FDACS 08061, revised 01/13) may be viewed online at http://www.flrules.org/Gateway/reference. A sample of the Queen Certificate (FDACS 08057, revised 01/13) may be viewed online at http://www.flrules.org/Gateway/reference.
(2)(b) A Department issued Certificate of Apiary Inspection for Out of State and Re-Entry Shipments Into Florida (FDACS 08061, revised 01/13) or Queen Certificate (FDACS 08057, revised 01/13) is required on shipments of honey bees or other regulated articles going from the state showing that certification requirements have been met.
Rulemaking Authority 586.10(2) FS. Law Implemented 586.10(3)(d)(7), 586.11 FS. History–New 11-22-88, Amended 11-4-92, 7-9-95, 6-20-00, 8-24-05,_________.
5B-54.015 Special Inspection to Meet Requirements of Other States and for Export to Foreign Countries.
Any person may request the department to provide inspection, sampling, and laboratory examination of honey bees and beekeeping equipment for the purpose of determining eligibility to meet special requirements for shipment to other states and for export, under the following procedures:
(1) through (2) No change.
Rulemaking Authority 586.10(2) FS. Law Implemented 586.02(13), 586.03(3) FS. History–New 11-22-88, Amended 11-4-92, 6-20-00, _________.
5B-54.016 Interim Detention of Honey Bbees and Equipment.
Any honey bees and used beekeeping equipment, whether certified or not, may be detained for inspection by the department. If such bees or used beekeeping equipment are found to have been moved or transported into the state or within the state in violation of the rules of the department, or if found infested or infected with any regulated honey bee pests or unwanted races of honey bees, such honey bees or used beekeeping equipment shall be deported, destroyed or treated by the department within 48 hours upon the order of the department. A Daily Apiary Movement Reporting Form, (FDACS 08201, revised 01/13) is incorporated into this rule by reference and will be used for this purpose and may be obtained from the Division of Plant Industry, Bureau of Plant and Apiary Inspection, Post Office Box 147100, Gainesville, Florida 32614-7100 or online at at http://www.flrules.org/Gateway/reference.
Rulemaking Authority 586.10(2) FS. Law Implemented 586.10(3)(a)(4), 586.13 FS. History–New 11-22-88, Amended 6-20-00, _________.
5B-54.017 Destruction or Treatment of Infested or Infected Colonies Hives.
(1) American foulbrood. All colonies hives found infected or infested with American foulbrood shall be destroyed by burning or shall be treated using irradiation as decontaminated by other methods prescribed in subsection 5B-54.0175(2) or approved by the department. This action must be accomplished within 30 days of diagnosis and honey bee colonies and related equipment must be stored or maintained in such a manner that exposure to other honey bees is prevented. All colonies found in the same apiary where American foulbrood is detected shall be quarantined for a minimum of 30 days by issuing a Notice of Quarantine, Stop-Sale And Hold Order For Honey Bee Colonies And Beekeeping Equipment for American Foulbrood to determine apparent freedom from American foulbrood disease. A Notice of Quarantine, Stop-Sale And Hold Order For Honey Bbee Colonies s, Hives, And Beekeeping Equipment, (FDACS 08063, Revised 08 01/13) is hereby incorporated in this rule by reference and may be obtained from the Division of Plant Industry, Bureau of Plant and Apiary Inspection, Post Office Box 147100, Gainesville, Florida 32614-7100 or online at at http://www.flrules.org/Gateway/reference_______.
(2) Other honey bee pests and unwanted races of honey bees. Discovery of other honeybee pests or unwanted races of honey bees in the state shall initiate the quarantine of all colonies located within a distance prescribed by the department of the infested apiary. All honey bees within the quarantine area shall be inspected. A recommended eradication or control method shall be determined and prescribed by the department.
Rulemaking Authority 586.10(2) FS. Law Implemented 586.10(3)(a)(4),(3)(c), 586.13 FS. History–New 11-22-88, Amended 11-4-92, 7-9-95, 6-20-00, 8-24-05, _________.
5B-54.0175 Irradiation of Beekeeping Equipment.
Equipment from colonies found infected with American foulbrood may be irradiated as an alternative to destruction under the conditions below:
(1) All honey bees, honey, and all visible signs of American foulbrood must be removed and destroyed under the direct supervision of the department and must be done in such a manner that exposure to other bees is minimized.
(2) Under the direct supervision of the department, each piece of equipment including frames, supers, tops, bottoms, etc., shall be irradiated at a minimum dose rate of 20KGy and marked verifying treatment at an irradication facility. It shall be the responsibility of the equipment owner to locate an irradiation facility capable of treatment at the prescribed dose.
Rulemaking Authority 586.10(2)(a) FS. Law Implemented 586.10(3)(e)(8), 586.1125, 586.13 FS. History–New 11-4-92, Amended _________.
5B-54.018 Compensation for Infested or Infected Colonies.
(1) Florida resident owners of colonies and regulated articles destroyed due to infection or infestation with American foulbrood will be compensated at the rate of 1/2 the estimated value of the honey bees and equipment, provided funding is available for this purpose; however, compensation shall not exceed $30.00 per colony. Also, compensation will be paid in full for the first 10 diseased colonies, after which payment will be discounted as follows: If the disease rate exceeds 50 percent of the total colony inventory, then the payment will be discounted 50 percent. The condition of the equipment to be destroyed shall be rated by the inspector and the beekeeper as good, fair, or poor. Any disagreement over the condition or value of equipment to be destroyed shall be arbitrated by the Chief of Apiary Inspection, the Cooperative Extension Service Apiary Specialist, and the Chairman of the Honey Bbee Technical Council. A Compensation Agreement, including the owner’s Social Security number, must be signed by the owner. The Compensation Agreement (FDACS 08062, revised 01/13) is hereby incorporated in this rule by reference and may be obtained from the Division of Plant Industry, Bureau of Plant and Apiary Inspection, Post Office Box 147100, Gainesville, Florida 32614-7100 or online at at http://www.flrules.org/Gateway/reference_______. Additionally, Internal Revenue Services Form W-9 is hereby incorporated by reference and a copy may be obtained online at http://www.flrules.org/Gateway/reference_______.
(2) Other Honey bee Pests and Unwanted Races of Honey bees. Owners shall not be awarded compensation for depopulation of colonies due to the presence of honey bee pests or unwanted races of honey bees in the colonies or their possible subjection to infestation by these organisms, except by special provisions for compensation that may be established by state or federal legislation for damages incurred as a result of control or eradication procedures by the department.
Rulemaking Authority 586.10(2) FS. Law Implemented 586.13, 586.14 FS. History–New 11-22-88, Amended 11-4-92, 6-20-00, 3-11-04,_________.
5B-54.019 Procedures for Abandoned Apiaries.
Any apiary found without proper identification or registration information is considered abandoned after which the following will apply:
(1) An inventory of the apiary will be conducted and each hive and piece of equipment tagged with an official department tag indicating the department’s label of abandonment. A Notice of Abandonment, (FDACS-08180, revised 01/13) is hereby incorporated in this rule by reference and shall may be used for this purpose. A local law enforcement agency and the landowner will be informed by written notice of the geographic location of such apiary. A copy of Notice of Abandonment (FDACS 08180, revised 01/13) may be obtained from the Division of Plant Industry, Bureau of Plant and Apiary Inspection, Post Office Box 147100, Gainesville, Florida 32614-7100 or online at at http://www.flrules.org/Gateway/reference.
(2) through (7) No change.
(8) The department, upon finding an abandoned apiary with colonies or equipment infested with a regulated honey bee pest and so exposing infestation to other apiaries or colonies, shall eliminate the infestation, with such action being witnessed by a local law enforcement officer.
Rulemaking Authority 586.10(2) FS. Law Implemented 586.10(3)(h), (3)(i) (11), (12) FS. History–New 11-22-88, Amended 11-4-92, 6-20-00,_________.
