The purpose of this rulemaking is to exempt live bee removal from the performance of pest control. The effect of this rulemaking will provide beekeepers authority to perform live bee removals in, on, or under structures without the need for ...

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
Division of Agricultural Environmental Services

RULE NO.:RULE TITLE:
5E-14.151Removal and Relocation of Live Bees from Structures
PURPOSE AND EFFECT: The purpose of this rulemaking is to exempt live bee removal from the performance of pest control. The effect of this rulemaking will provide beekeepers authority to perform live bee removals in, on, or under structures without the need for licensure.
SUBJECT AREA TO BE ADDRESSED: Removal and relocation of bees.
RULEMAKING AUTHORITY: 482.051, 570.07(23), 586.10 FS.
LAW IMPLEMENTED: 570.02(1), 482.021(21) and (22), 586.10 FS.
A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: January 17, 2013, 10:00 a.m. - 1:00 p.m.
PLACE: Doyle Conner Building, 1911 S.W. 34th Street, Rm: Auditorium, Gainesville, FL 32608; [phone].
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Michael J. Page, Chief of Bureau of Entomology and Pest Control, 3125 Conner Boulevard, Ste N, MS C-41, Tallahassee, Florida, 32399-1650, [phone]; [e-mail].

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

 

5E-14.151 Removal and Relocation of Live Bees from Structures.

(1) The removal and relocation of bees by a beekeeper registered pursuant to Section586.045, F.S., from a structure, lawn, or ornamental for the principal purpose of facilitating the production of honey or the pollination of plants or crops shall not be considered pest control.

(2) The use of foam or soapy water, pheromone lures, attractants, repellants, and glue boards to control bees by a registered beekeeper when he or she is removing and relocating bees from a structure, lawn, or ornamental for the principal purpose of facilitating the production of honey or the pollination of crops shall not be considered pest control.

(3) It shall be considered pest control if bees are removed from a structure, lawn, or ornamental for the principal purpose of controlling or eliminating bees as a pest or the removal is conducted by a person not a beekeeper registered pursuant to Section 586.045, F.S.

(4) The use of any chemical other than those described above in (2) to control or eliminate bees in, on, or under a structure, lawn, or ornamental shall be considered pest control.

(5) The removal and relocation of bees from a structure must be reported, within 72 hours of the removal to the Bureau of Entomology and Pest Control, 3125 Conner Blvd, Suite N, Tallahassee, FL 32399-1650 using the form entitled Live Bee Removal Record, FDACS-13690, (Rev. 12/12), which is hereby adopted and incorporated by reference and available online at http://www.flrules.org/Gateway/reference.

Rulemaking Authority 482.051, 570.07(23), 586.10 FS.  Law Implemented 570.02(1), 482.021(21), (22), 586.10 FS.  History–New_________.