This proposed rule is being developed because the Honey Bee Technical Council met and provided feedback to the department wherein Florida’s beekeepers are requesting clarification to portions of the department’s regulatory authority.

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Plant Industry

RULE NOS.:RULE TITLES:

5B-54.001Definitions

5B-54.003Regulated Honeybee Pests

5B-54.004Unwanted Races of Honeybees

5B-54.005Regulated Articles

5B-54.006Movement of Regulated Articles

5B-54.010Registration with the Department

5B-54.0105Location of Managed Honey Bee Colonies

5B-54.011Apiary Inspection Procedures

5B-54.0115Special Inspection and Certification Fees

5B-54.012Apiary Inspection Conditions

5B-54.013Identification of Ownership of Honeybee Hives

5B-54.014Issuance of 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

PURPOSE AND EFFECT: This proposed rule is being developed because the Honey Bee Technical Council met and provided feedback to the department wherein Florida’s beekeepers are requesting clarification to portions of the department’s regulatory authority.

SUMMARY: The proposed rulemaking clarifies regulatory expectations with movement of regulated articles and managed honey bee colonies; provides exemption to active military and veterans; and clarifies actions to release shipments from quarantine upon destruction or treatment of infected colonies.

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.

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: 586.10(2), F.S.

LAW IMPLEMENTED: 586.02, 586.025, 586.03(3), 586.035(1), 586.045, 586.10(3)(a),(c),(d),(f),(h),(i),(4), (5),(6),(9), (12), 586.11, 586.112, 586.13(1), 586.14, 586.15 F.S.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Dr. Greg Hodges; [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

APIARY INSPECTION AND CERTIFICATION PESTS OF HONEY BEES HONEYBEES AND UNWANTED RACES OF HONEY BEES HONEYBEES

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) Backyard Beekeeper: A beekeeper who maintains 1 to 40 colonies on agricultural or non-agricultural property.

(c)(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 honeybees, honey bee honeybee equipment or other regulated articles.

(d)(c) Certificate of Registration. An official document issued by the department to honey bee honeybee colony owners as evidence of being properly registered with the department in compliance with the requirements of this chapter.

(e) Commercial Beekeeper. A beekeeper who maintains 101 colonies or more on agricultural or non-agricultural property for income.

(f) Continuing Education Unit (CEU). A measure used in acquiring educational merit needed for a professional to maintain a business license.

(g)(d) Division Director. The director of the Division of Plant Industry.

(h)(e) Honey bee: means all species of the western honey bee (Apis mellifera) (Apis mellifera). Managed colonies in the state of Florida are those that have European sub-species of Apis mellifera  Apis mellifera contained therein.

(i) Motherline. The queen or hive from which eggs or larvae are taken for queen rearing.

(j) Nucleus hive (nucs). A small colony of bees often used in making new increases and queen rearing, or the box in which the small colony of honey bees resides. The term refers to the fact that the essentials; bees, brood, food, a queen or the means to make one, are there for it to grow into a colony, but it is not a full sized colony.

(k) Queen Breeder. A beekeeper that rears queens for sale or trade.

(l) Sideline Beekeeper. A beekeeper who maintains 41 to 100 colonies on agricultural or non-agricultural property for income.

(m) Stock Dealer. A beekeeper that produces nucs, colonies, or other arrangements consisting of frames with comb, honey bees, and a queen for the purpose of sale or trade that at any time maintains physical possession of such stock.

(n)(f) USDA. United States Department of Agriculture, Animal and Plant Health Inspection Services, Plant Protection and Quarantine.

(o) Top-Bar Hive (TBH). A single-story horizontal construction, frameless beehive in which the comb hangs from removable bars or slats.

(2) The purpose of this chapter is to identify and declare as nuisances those honey bee honeybee 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 honeybee pests and unwanted races of honey bees honeybees, 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, 1-1-14, _____.

 

5B-54.003 Regulated Honey bee Honeybee Pests.

Each of the following honby bee honeybee pests is found to be capable of damaging or causing abnormalities to honey bees honeybees, colonies of honey bee honeybees or beeswax and is declared to constitute a nuisance:

(1) American foulbrood. The disease organism known as Paenibacillus Paenibacillus larvae.

(2) The mite Troplaelaps clareae Troplaelaps clareae.

(3) Any other honey bee honeybee pest determined by the department to be a threat to the state.

Rulemaking Authority 586.10(2) FS. Law Implemented 586.10(5) FS. History–New 11-22-88, Amended 11-4-92, 7-9-95, 3-11-04, 8-24-05,__________.

 

5B-54.004 Unwanted Races of Honey Bees Honeybees.

Each of the following unwanted races of honey bees honeybees is found to be capable of inflicting damage to man or animals greater than managed or feral honey bees honeybees commonly utilized in North America and is declared to constitute a nuisance:

(1) Apis mellifera scutellata Apis mellifera scutellata, African honey bee honeybee.

(2) Apis mellifera capensis Apis mellifera capensis, Cape honey bee honeybee.

(3) Any other unwanted races of honey bees honeybees determined by the department to be a threat to the state.

Rulemaking Authority 586.10(2) FS. Law Implemented 586.10(5) FS. History–New 11-22-88, Amended 11-4-92, __________.

 

5B-54.005 Regulated Articles.

Each of the following is found to be capable of transporting a honey bee honeybee pest or an unwanted race of honey bees honeybees and is declared to be a regulated article:

(1) honey bee honeybee. All forms of the insect, Apis mellifera Apis mellifera.

(2) Regulated honey bee honeybee pests. Those honey bee honeybee pests listed under Rule 5B-54.003, F.A.C.

(3) Unwanted races of honey bees honeybees listed under Rule 5B-54.004, F.A.C.

(4) Used beekeeping equipment or fixtures.

(5) Any other article capable of transporting a regulated honey bee honeybee pest or an unwanted race of honey bees honeybees.

Rulemaking Authority 586.10(2) FS. Law Implemented 586.10(5) FS. History–New 11-22-88, Amended 11-4-92, _____.

 

5B-54.006 Movement of Regulated Articles.

(1) The iInternational movement. of rRegulated articles as listed under Rule 5B-54.005, F.A.C., are prohibited entry into the state unless accompanied by an official letter issued by the Division Director authorizing entry under special conditions.

(2) All Interstate movement. rRegulated articles, as listed under Rule 5B-54.005, F.A.C., entering the state shall be accompanied by a current Certificate of Beekeeping Registration, FDACS-08177, revised 07/17, incorporated in Rule 5B-54.014, F.A.C., or a Certificate of Apiary Inspection for Out of State, FDACS-08061, revised 07/17, incorporated in Rule 5B-54.014, F.A.C., issued by are prohibited entry into the state unless accompanied by a certificate of inspection issued by and bearing the signature of an authorized representative of the state of origin, certifying that such regulated articles were inspected and found to meet department entry requirements. Each shipment shall be accompanied with All regulated articles entering the state must enter under the owner’s name, contact information, and the ultimate destination of the shipment. Any regulated article contained in shipments entering the state shall be subject to reinspection by an authorized representative to affirm freedom from regulated honey bee honeybee pests and unwanted races of honey bees honeybees.

(3) All regulated articles leaving the state shall be accompanied by a current Certificate of Beekeeping Registration, FDACS-08177, revised 07/17, incorporated in Rule 5B-54.014, F.A.C., and a Certificate of Apiary Inspection for Out of State, FDACS-08061, revised 07/17, incorporated in Rule 5B-54.014, F.A.C.

(4)(3) Intrastate movement. of rRegulated articles listed under Rule 5B-54.005, F.A.C., are prohibited movement within the state unless such regulated articles meet the requirements set forth in this chapter and are identified as specified in Rule 5B-54.013, F.A.C., and or accompanied by a current Certificate of Beekeeping Registration, FDACS-08177, revised 07/17, incorporated in Rule 5B-54.014, F.A.C. Certificate of Inspection as specified in subsection 5B-54.014(2), F.A.C.

(5) 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 equpment 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 equpment shall be returned, destroyed, or treated by the department within 48 hours upon the order of the department.  An Apiary Advisory Notice for Improper Movement of Regulated Articles, FDACS-08201, revised 07/17, is provided for this purpose and incorporated herein by reference.  A copy may be otained online via http://www.flrules.org/Gateway/reference.asp?No=Ref-No.

Rulemaking Authority 586.10(2) FS. Law Implemented 586.025, 586.035(1), 586.10(6), 586.11, 586.13(1) FS. History–New 11-22-88, Amended 11-4-92, 6-20-00, _____.

 

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) Submit an application Application For Beekeeping Registration, (FDACS 08176, revised 07/13), which shall contain provisions with which the applicant must comply and must be signed by the applicant or applicant’s representative. The Application for Beekeeping Registration, (FDACS-08176, revised 07/1707/13), is provided for this purpose and hereby incorporated herein in this rule by reference.  A copy 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 http://www.flrules.org/Gateway/reference.asp?No=Ref-No http://www.flrules.org/Gateway/reference.asp?No=Ref-03373.

(2) An aApplicant’s honey bees shall be 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 common honey bee pests, including pests listed in under Rule 5B-54.003, F.A.C., and from unwanted races of honey bees listed in 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 07/1707/13), 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 +	$100

 

(4) Active Duty Military and Veterans are exempt from the payment of the registration fee upon showing proof of honorable discharge via either a DD Form 214, DD Form 220, or a Veteran Health Identification Card, or a Florida Driver’s License indicating Veteran’s status with the initial application for registration.

(5)(4) Upon approval of an application, the department will issue to the applicant beekeeper a Certificate of Beekeeping Registration, (FDACS-08177, revised 07/1701/13) which, is hereby incorporated in 5B-54.014, F.A.C. 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 http://www.flrules.org/Gateway/reference.asp?No=Ref-03374.

(6)(5) Application for Aannual renewal of the certificate must be made not later than the anniversary date of the certificate and must be accompanied by the appropriate registration fee.

(7)(6) Annual renewal An application received after the anniversary date shall be accompanied by a $10 late filing fee.

(8)(7) Failure to register or maintain active registration while maintaining European honey bees is a violation of Section 586.045, F.S., and is subject to the penalties set forth in Section 586.15, F.S.

Rulemaking Authority 586.10(2) FS. Law Implemented 586.045, 586.10(3)(f), (3)(i), 586.15 FS. History–New 11-22-88, Amended 11-4-92, 6-20-00, 3-11-04, 1-1-14, _____.

 

5B-54.0105 Location of Managed Honey Bee Colonies.

(1) With the permission of the landowner or legal representative, mManaged European honey bee colonies may be located on either:

(a) Land classified as agricultural under Section 193.461, F.S., provided they are compliant with the provisions of Chapter 586, F.S., and all rules promulgated thereunder; or

(b) Land classified as non-agricultural under Section 193.461, F.S., that is 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 Bee Colonies (FDACS-08492, revised 07/1709/13).  This compliance agreement is incorporated herein by reference and may be obtained online at http://www.flrules.org/Gateway/reference.asp?No=Ref.

(2) The Beekeeper Compliance Agreement – Best Management Requirements for Maintaining European Honeybee Colonies (FDACS-08492, revised 09/13) 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 http://www.flrules.org/Gateway/reference.asp?No=Ref-03379. The Beekeeper Compliance Agreement, – Best Management Requirements for Maintaining European Honey Bee Colonies (FDACS-08492, revised 07/1709/13) provides best management requirements for maintaining European honey bee colonies on non-agricultural lands and incorporates including swarm prevention techniques as explained in Swarm Control for Managed Beehives (UF-IFAS Publication ENY-160, revised February 2016November 2012).  UF-IFAS Publication ENY-160 which is hereby incorporated herein 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 http://www.flrules.org/Gateway/reference.asp?No http://www.flrules.org/Gateway/reference.asp?No=Ref-03380.

(3) Special Permits – The Division 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 the Beekeeper Compliance Agreement, FDACS 08492, revised 07/17 subsection (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 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) 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 beekeeping bee keeping operation will not pose a public nuisance or unacceptable safety concern.

(d) Apiary locations shall be registered to include the physical location by street address or a geographic coordinate.

(5) Managed European honey bee colonies not in compliance with 586.10(1), F.S. and this section shall be issued a Notice of Non-Compliance for Maintaining European Honey Bee Colonies, FDACS-08499, revised 07/17, which is incorporated herein by reference and may be obtained online at http://www.flrules.org/Gateway/reference.asp?No=Ref-No.

Rulemaking Authority 586.10 FS. Law Implemented 586.045, 586.10(3)(f), (3)(i), 586.15 FS. History–New 1-1-14, _____.

 

5B-54.011 Apiary Inspection Procedures.

(1) Each Florida apiary shall be inspected and issued an Apiary Inspection Report (FDACS-08206, rRevised 07/17 09/13) by an authorized representative of the department. This inspection shall include a visual examination of the hives for at such intervals as the department deems best for the detection of honey bee pests listed in under Rule 5B-54.003, F.A.C., and unwanted races of honey bees in under Rule 5B-54.004, F.A.C., Apiary Inspection Report, (FDACS-08206, rRevised 07/17 09/13) is hereby incorporated herein in this rule by reference and a sample 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 http://www.flrules.org/Gateway/reference.asp?No http://www.flrules.org/Gateway/reference.asp?No=Ref-03378.

(2) Routine Iinspection of an apiary shall include actual visual inspection of not less than five (5) percent of the colonies included in the apiary. One hundred (100) percent of the colonies may be inspected if determined appropriate by the department. A minimum of ten (10) colonies shall be inspected in the apiary with all colonies inspected in any apiary consisting of less than ten (10) colonies.

(3) Maintenance of apiary site.  Each apiary site shall be maintained in such a manner as to allow reasonable access for inspection.  Colonies must be arranged so that the inspection functions can be performed.  The owner or designated representative shall be notified by the department if the conditions of the site are such that an inspection cannot reasonably be performed.

(4) Movable frame hives. The keeping of honey bees in containers without movable frames by a beekeeper is prohibited.  Beekeepers found utilizing hives without movable frames will be rquired to transfer the bees to a movable frame hive or to destroy the colony.

(5) Top bar hives.  The owner is responsible for facilitating the movement of the comb during an inspection.

(6) Queen certification shall be validated annually by sampling each mother line.

Rulemaking Authority 586.10(2) FS. Law Implemented 586.10(3)(a) FS. History–New 11-22-88, Amended 11-4-92, 6-20-00, 1-1-14, _____.

 

5B-54.0115 Special Inspection and Certification Fees.

Special inspection and certification fees shall be as follows:

Queen Special honeybee colony inspection or certification	$25 per certificate issued or special inspection made plus mileage.
Stock Dealer certification	$25 per certificate
Import inspection for shipments of honey bees colonies	$25 per certificate
Certificate of Apiary Inspection for Out of State	$25 per certificate
Specimen Tracheal mite sampling	$10 per sample plus mileage1, $10 minimum.
Honey sampling	$10 per sample plus mileage1, $10 minimum.
Other special inspection of honey bee colonies	$25 per inspection.

1Mileage shall be based on the prevailing state mileage rate.

Rulemaking Authority 586.10(2) FS. Law Implemented 586.03(3) FS. History–New 11-4-92, Amended 3-11-04,__________.

 

5B-54.012 Apiary Inspection Conditions.

(1) Maintenance of apiary site. Each apiary site shall be maintained in such a manner as to allow reasonable access for inspection. Colonies must be arranged so that the inspection functions can be performed. The owner or designated representative shall be notified by the department if the conditions of the site are such that an inspection cannot reasonably be performed.

(2) Movable frame hives. The keeping of honeybees in containers without movable frames by a beekeeper is prohibited. Beekeepers found utilizing hives without movable frames will be required to transfer the bees to a movable frame hive or to destroy the colony.

Rulemaking Authority 586.10(2) FS. Law Implemented 586.10(4), (9) FS. History–New 11-22-88, Repealed__________.

 

5B-54.013 Identification of Ownership of Honey bee Honeybee Hives.

(1) Each beekeeper registered with the department shall be issued a permanent firm registration number.

(2) Commercial beekeepers shall post a 5” x 9” placard at each apiary location that is visable to the public with emergency contact information to include owner name and telephone number. The registration number shall consist of the state abbreviation (FL) followed by a county number corresponding to its alphabetical sequence followed by an individual combination of letters or numbers.

(3) Each beekeeper must have the firm his registration number burned or permanently imprinted on the upper left hand corner of the hive bodies in letters at least one-half inch in height. Beekeepers with honeybee hives branded with a numerical or alphabetical code before the effective date of this rule shall not be required to rebrand with the registration number provided the existing brand is registered with the department. Other equipment shall be branded or marked in any manner approved by the department.

(4) If ownership of equipment is transferred, the original brand or imprint shall be left intact, and the brand or imprint of the new owner shall be placed below the original brand or imprint and as near it as possible within six months of the date of transfer of ownership.

(5) A bill of sale or letter of transfer shall be required of any person in possession of any apiary equipment which is marked with a registration number other than his own.

(6) Any person who alters, defaces, removes, or obliterates the brand or imprint on any apiary equipment or who possesses for use or sale any apiary equipment upon which the brand or imprint has been altered, defaced, removed, or obliterated is guilty of a violation of this chapter.

(7) Stock dealers are not required to permanently mark hive bodies intended for sale as long as there is a valid Stock Dealer Certificate, FDACS-08517, revised 07/17, as incorporated in Rule 5B-54.014, F.A.C.

Rulemaking Authority 586.10(2) FS. Law Implemented 586.10(12) FS. History–New 11-22-88, Amended 11-4-92, _____..

 

5B-54.014 Issuance of Certificates.

The following certificates are incorporated herein by reference and available online as indicated.

(1) Certificate of Beekeeping Registration, FDACS-08177, revised 07/17, is required on each sale or trade, movement within the state, re-entry per shipment of honey bees, and other regulated articles into Florida.  A copy is available online at http://www.flrules.org/Gateway/reference-No. (1) Certificates of Inspection. 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.asp?No=Ref-03370. A sample of the Queen Certificate (FDACS 08057, revised 01/13) may be viewed online at http://www.flrules.org/Gateway/reference.asp?No=Ref-03369.

(2) A Certificate of Apiary Inspection for Out of State Movement, FDACS-08061, revised 07/17 is required per shipments of honey bees or other regulated articles leaving the state.  A copy of this form is available online at http://www.flrules.org/Gateway/reference-No. (2) 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.

(3) Notice of Quarnatine, Stop-Sale and Hold Order For American Foulbrood Disease, FDACS-08063, revised 07/17, is available online at http://flrules.org/Gateway/reference-No.

(4) Queen Certificate, FDACS-08057, revised 07/17, is required for any beekeeper that rears queens for sale or trade.  Queen must come from a certified European mother line soure.  A copy of this form is available online at http://www.flrules.org/Gateway/reference-No.

(5) Stock Dealer Certificate, FDACS-08517, revised 07/17, is required to produce nucs, colonies, or other arrangements consisting of frames with comb, honey bees and a queen for the purpose of sale or trade.  The queen must come from a certified European mother line source. A copy of this form is available online at http://www.flrules.org/Gateway/reference-No.

Rulemaking Authority 586.10(2) FS. Law Implemented 586.10(3)(d), 586.11 FS. History–New 11-22-88, Amended 11-4-92, 7-9-95, 6-20-00, 8-24-05, 1-1-14, _____.

 

5B-54.015 Special Inspection to Meet Requirements of Other States and for Export to International 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) Request an inspection at least seven days in advance of the anticipated date of movement.  Requests for immediate inspections will be charged an additional fee to defray the cost of inspection.  A Request for Special Inspection, FDACS-08179, revised 07/17, is incorporated herein by reference and provided for this purpose.  A copy of this form is available online at http://www.flrules.org/Gateway/reference-no. File a request for inspection by submitting a completed Request for Special Inspection (FDACS 08179, revised 01/13), which 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 http://www.flrules.org/Gateway/reference.asp?No=Ref-03375.

(2) Provide authorized representatives with directions to the apiary, and, if requested, assistance in handling the colonies and equipment for examination.

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, 1-1-14, _____.

 

5B-54.016 Interim Detention of Honey Bees 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 honeybees 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 http://www.flrules.org/Gateway/reference.asp?No=Ref-03377.

Rulemaking Authority 586.10(2) FS. Law Implemented 586.10(3)(a), 586.13 FS. History–New 11-22-88, Amended 6-20-00, 1-1-14, Repealed______________.

 

5B-54.017 Destruction or Treatment of Infested or Infected Colonies.

(1) American foulbrood (AFB), Paenibacillus larvae, a bacterial spore forming disease affecting honey bee larvae, can spread rapidly causing honey bee colony decline and hive mortality if left unmanaged. All colonies found infected or infested with AFB American foulbrood shall be destroyed by burning or shall be treated using irradiation as prescribed in Rule subsection 5B-54.0175(2), F.A.C. This destruction or treatment action must be accomplished within 7 30 days of a positive 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 AFB American foulbrood is detected shall be quarantined for a minimum of 30 days after destruction or treatment by issuing a Notice of Quarantine, Stop-Sale And Hold Order For American Foulbrood Disease, FDACS-08063, revised 07/17, as incorporated in Rule 5B-54.0014, F.A.C., to determine apparent freedom from AFB disease.  For Honey Bee Colonies and Beekeeping Equipment to determine apparent freedom from American foulbrood disease.  A Notice of Quarantine, Stop-Sale and Hold Order For Honey Bee Colonies and Beekeeping Equipment, (FDACS-08063, Revised 08/13), 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 http://www.flrules.org/Gateway/reference.asp?No=Ref-03372.

(2) Release, Hold Order and Quarantine.  An issued quarantine hold prohibits further sale, barter, exchange, or distribution of any honey bees, honey bee products, honey bee equipment, or other regulated articles by the firm entity.  Diseased apiaries and hives therein will not be eligible for certification during the quarantine stage.  The removal of any colonies of bees, queen bees, nuclei, combs and other equipment from such diseased and quarantined apiaries is prohibited, except under special authority from the Department, while the quarantine is in effect.  Under particular circumstances, with Department approval, secured quarantined items may be removed to another location for destruction depending upon local burning ordinances.  Quarantine inspections will be conducted in 30 day time period intervals until the existance of AFB is no longer detected within the quaratined apiaries.  When AFB is no longer detected by the inspector, the Division shall have determined and declared that the disease is apparently eradicated from said apiaries through destruction or treatment.  Only then will the apiaries and firm be released from quarantine hold and be able to resume normal operating activities.  It will be the owner or manager’s responsibility to continue with vigil inspections and related treatment.

(3)(2) Other honey bee pests and unwanted races of honey bees. Discovery of other honey bee 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.  All honey bees will not be eligible for certification and released until the honey bee pest or unwanted races of honey bees has been eliminated and released from quarantine and stop sale by the Department.

Rulemaking Authority 586.10(2) FS. Law Implemented 586.10(3)(a), (3)(c), 586.13 FS. History–New 11-22-88, Amended 11-4-92, 7-9-95, 6-20-00, 8-24-05, 1-1-14, _____.

 

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 irradiation 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)(a), 586.112, 586.13 FS. History–New 11-4-92, Amended 1-1-14,_____.

 

5B-54.018 Compensation for Infested or Infected Colonies.

(1) Florida registered beekeepers 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 at $25.00 per colony.; 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 reduced discounted as follows: If the disease rate exceeds 50 percent of the total colony inventory, then the payment will be reduced 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 Assistant Chief of Apiary Inspection, the Cooperative Extension Service Apiary Specialist, and the Chairman of the Honey Bee Technical Council.  A Compensation Agreement, including the owner’s Social Security number, must be signed by the owner. The Compensation Agreement, (FDACS-08062, revised 07/1701/13), is hereby incorporated herein 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 http://www.flrules.org/Gateway/reference.asp?No http://www.flrules.org/Gateway/reference.asp?No=Ref-03371. Additionally, Internal Revenue Service’s Form W-9 is hereby incorporated by reference and a copy may be obtained online at http://www.flrules.org/Gateway/reference.asp?No http://www.flrules.org/Gateway/reference.asp?No=Ref-03381.

(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, 1-1-14, _____.

 

5B-54.019 Procedures for Abandoned Apiaries.

Any apiary found without proper identification or registration information as referenced in Rule 5B-54.013, F.A.C., 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 07/1701/13), is hereby incorporated herein in this rule by reference and shall 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 http://www.flrules.org/Gateway/reference.asp?No http://www.flrules.org/Gateway/reference.asp?No=Ref-03376.

(2) A reasonable effort will be made by the department during the immediately succeeding ninety (90) days to locate the owner or operator of the apiary.

(3) At the end of the ninety days, or upon the demand of the landowner owner of the land where the apiary is located, the department will move the colonies to a holding location for an additional period not to exceed six months. The department will keep records of steps taken and management administered to maintain the colonies during this period.

(4) If the department has not located the owner at the end of six months it shall destroy, auction, or make such use of the equipment as it deems appropriate.

(5) Monies collected from the auction of equipment shall be deposited in the Plant Industry Trust Fund.

(6) If, during the period in which the department has colonies or equipment in a holding location, the owner comes forward with proper proof of ownership and desires to reclaim the colonies and equipment, the department shall be reimbursed for all movement and maintenance costs of the colonies or equipment. The reimbursement monies shall be deposited by the department in the Plant Industry Trust Fund.

(7) The department may contract with any person, company, or cooperative to move or maintain the abandoned colonies.

(8) The department, upon finding an abandoned apiary with colonies or equipment infested with a regulated honey bee honeybee 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) FS. History–New 11-22-88, Amended 11-4-92, 6-20-00, 1-1-14,_______.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Dr. Trevor Smith, Division Director

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Commissioner of Agriculture Adam H. Putnam

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: 09/27/2017

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 5, 2017