The purpose of this rulemaking is to clarify that bee removal or relocation from a structure, lawn, or ornamental for the production of honey or related products or the pollination of crops by registered beekeepers is not pest control as defined in ...  

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    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 clarify that bee removal or relocation from a structure, lawn, or ornamental for the production of honey or related products or the pollination of crops by registered beekeepers is not pest control as defined in Chapter 482, Florida Statutes. The effect of this rulemaking will be to clarify that beekeepers may perform bee removals from in, on, or under structures without the need for licensure.
    SUMMARY: The proposed rule clarifies that bee relocation and removal is not pest control under Chapter 482, F.S., when it is performed by a beekeeper, registered pursuant to Section 586.045, F.S., for purposes of honey production and related products or pollination of plants or crops through the use of foam or soapy water, pheromone lures, attractants, repellants and glue boards. Bee removal for the purpose of eliminating bees, by a person not registered as a beekeeper, or removal involving the use of any pesticide or economic poison, other than those specifically allowed in the rule, shall be considered pest control.
    SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:
    The Agency has determined that this 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 of 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 its experience with adoption of rules of this nature. Additionally, no interested party submitted information regarding the economic impact.
    Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
    RULEMAKING AUTHORITY: 482.051, 570.07 (23) FS.
    LAW IMPLEMENTED: 570.02 (1), 482.021 (21), (22), 586.045 FS.
    IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
    DATE AND TIME: TBA
    PLACE: Tallahassee, Florida and announced in the FAR.
    THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Michael J. Page, Chief of Bureau of Entomology and Pest Control, 3125 Conner Boulevard, Ste N, MS C-41, Tallahassee, Florida, 32399-1650; (850)617-7988; Michael.Page@FreshFromFlorida.com.

    THE FULL TEXT OF THE PROPOSED RULE IS:

    5E-14.151 Removal and Relocation of Bees from Structures, Lawns or Ornamentals.

    (1)  Bees fall within the definition of “pest” in Section 482.021(21), F.S., and also the definition of “agriculture” in Section 570.02(1), F.S. The removal and relocation of bees by a beekeeper registered pursuant to Section 586.045, F.S., from a structure, lawn, or ornamental for the production of honey and related products 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 production of honey and related products  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 purpose of eliminating bees as a pest or if the removal is conducted by a person not a beekeeper registered pursuant to  Section 586.045, F.S. 

    (4)  The use of any “pesticide or economic poison” as defined in Section 482.021(23), F.S.,  other than those described above in subsection (2) to control or eliminate bees in, on or under a structure, lawn,  or ornamental shall be considered pest control.

    Rulemaking  Authority  482.051, 570.07(23)  FS. Law Implemented 570.02(1), 482.021(21), (22), 586.045 FS. History–New            .


    NAME OF PERSON ORIGINATING PROPOSED RULE: Mr. Anderson H, Rackley, Director of Agricultural Environmental Services
    NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Mr. Adam H. Putnam, Commissioner of Agriculture and Consumer Services
    DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 21, 2013
    DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: December 7, 2013

     

Document Information

Comments Open:
3/26/2013
Summary:
The proposed rule clarifies that bee relocation and removal is not pest control under Chapter 482, F.S., when it is performed by a beekeeper, registered pursuant to s. 586.045, F.S., for purposes of honey production and related products or pollination of plants or crops through the use of foam or soapy water, pheromone lures, attractants, repellants and glue boards. Bee removal for the purpose of eliminating bees, by a person not registered as a beekeeper, or removal involving the use of any ...
Purpose:
The purpose of this rulemaking is to clarify that bee removal or relocation from a structure, lawn, or ornamental for the production of honey or related products or the pollination of crops by registered beekeepers is not pest control as defined in Chapter 482, Florida Statutes. The effect of this rulemaking will be to clarify that beekeepers may perform bee removals from in, on, or under structures without the need for licensure.
Rulemaking Authority:
482.051, 570.07 (23), F.S.
Law:
570.02 (1), 482.021 (21) and (22), 586.045, F.S.
Contact:
Michael J. Page, Chief of Bureau of Entomology and Pest Control, 3125 Conner Boulevard, Ste N, MS C-41, Tallahassee, Florida, 32399-1650; (850) 617-7988; Michael.Page@FreshFromFlorida.com.
Related Rules: (1)
5E-14.151. Removal and Relocation of Bees from Structures, Lawns or Ornamentals