[Rev. 11/21/2013 12:22:40
PM--2013]
CHAPTER 552 - BEES AND APIARIES
NRS 552.085 Definitions.
NRS 552.0851 “Apiary”
defined.
NRS 552.0852 “Appliance”
defined.
NRS 552.0853 “Bees”
defined.
NRS 552.0854 “Colony”
defined.
NRS 552.0855 “Colony
strength” defined.
NRS 552.08555 “Department”
defined.
NRS 552.08575 “Director”
defined.
NRS 552.0858 “Disease”
defined.
NRS 552.086 “Hive”
defined.
NRS 552.0861 “Inspector”
defined.
NRS 552.0862 “Location”
defined.
NRS 552.090 Control
of apiary industry: Authority of Department; adoption of regulations;
imposition and deposit of civil penalties.
NRS 552.160 Inspection
of apiaries; order for destruction or treatment; quarantine; abatement of
certain nuisances.
NRS 552.170 Prosecution
and abatement of nuisance on failure to comply with order for destruction or
treatment.
NRS 552.180 Right
of access of inspectors.
NRS 552.190 Duties
of inspectors after inspections.
NRS 552.205 Colony
strength: Establishment of standards; inspectors; certification; fees.
NRS 552.212 Importation
of queens or other bees in screened cages without comb: Certificate of
inspection; holding and destruction of bees.
NRS 552.215 Fees
for inspections.
NRS 552.230 Bees
to be kept in movable frame hives.
NRS 552.240 Concealment
of disease or exposure of bees to disease unlawful.
NRS 552.250 Regulation
of neglected or abandoned used hives or appliances.
NRS 552.255 Public
nuisances: Declaration; abatement.
NRS 552.260 Extraction
of honey.
NRS 552.280 Removal
of diseased bees without permit unlawful.
NRS 552.290 Chapter
supplemental to state law governing quarantines.
NRS 552.300 Prosecution
of violations.
NRS 552.310 Penalty.
_________
_________
NRS 552.085 Definitions. As
used in this chapter, unless the context otherwise requires, the words and
terms defined in NRS 552.0851 to 552.0862, inclusive, have the meanings ascribed to
them in those sections.
(Added to NRS by 1959, 252, 253; A 1977, 911; 1985, 524; 1987, 564; 1993, 1704; 1999, 1387, 3635; 2001, 89)
NRS 552.0851 “Apiary” defined. “Apiary”
means any hive or other place where bees are kept, located or found, and all
appliances used in connection therewith.
(Added to NRS by 1987, 564)
NRS 552.0852 “Appliance” defined. “Appliance”
means any implement or device used in manipulating bees or their brood,
including honey-extracting equipment, and any container thereof.
(Added to NRS by 1987, 564)
NRS 552.0853 “Bees” defined. “Bees”
means honey-producing insects of the genus Apis, and includes adults,
eggs, larvae, pupae, and all material, excluding honey and rendered beeswax,
that is deposited into beehives by the adults.
(Added to NRS by 1987, 564)
NRS 552.0854 “Colony” defined. “Colony”
means the bees, comb and honey contained in the hive.
(Added to NRS by 1987, 564)
NRS 552.0855 “Colony strength” defined. “Colony
strength” means the potential of a hive of bees to pollinize horticultural or
agricultural crops.
(Added to NRS by 1987, 564)
NRS 552.08555 “Department” defined. “Department”
means the State Department of Agriculture.
(Added to NRS by 1999, 3634)
NRS 552.08575 “Director” defined. “Director”
means the Director of the Department.
(Added to NRS by 1999, 3634)
NRS 552.0858 “Disease” defined. “Disease”
means any condition adversely affecting bees, or their brood, which may become
epidemic, including, without limitation, bacteria, viruses or invertebrate
pests and the presence of undesirable genetic characteristics including those
associated with Apis mellifera scutellata or hybrids of this subspecies.
(Added to NRS by 1987, 564; A 1999, 1387)
NRS 552.086 “Hive” defined. “Hive”
means any receptacle or container made or prepared for the use of bees.
(Added to NRS by 1987, 564)
NRS 552.0861 “Inspector” defined. “Inspector”
means any person authorized by the Department to enforce the provisions of this
chapter.
(Added to NRS by 1987, 564; A 1993, 1704; 1999, 3635)
NRS 552.0862 “Location” defined. “Location”
means any place where an apiary is located.
(Added to NRS by 1987, 564)
NRS 552.090 Control of apiary industry: Authority of Department; adoption of
regulations; imposition and deposit of civil penalties.
1. The Department has control of all
matters pertaining to the apiary industry.
2. The Director may adopt such regulations
as are necessary to carry out the provisions of this chapter.
3. The Director may, after notice and an
opportunity for a hearing, impose a civil penalty of not more than $500 for
each violation of this chapter.
4. Any civil penalty collected pursuant to
this section must be deposited in the State General Fund.
[Part 3:225:1921; NCL § 462]—(NRS A 1959, 253; 1961,
513; 1987, 565;
1993, 1704;
1999, 3635)
NRS 552.160 Inspection of apiaries; order for destruction or treatment;
quarantine; abatement of certain nuisances.
1. The Department may order the inspection
of any or all apiaries and all buildings used in connection with those apiaries
in any district or districts of the State annually, or more often if deemed
necessary, or upon report to it that there is a reason to believe that any
apiary may be infected with any disease, or that any honey, honeycombs or
beeswax is exposed to robber bees.
2. If the inspection discloses any
disease, the Department may:
(a) Order the owner or any person in possession
of the apiary to destroy the diseased bees, hives and appliances in a manner
prescribed by the Department and at the expense of the owner;
(b) Order the owner or any person in possession
of the apiary to treat the hives and appliances in a manner prescribed by the
Department and at the expense of the owner if, in the opinion of the inspector,
the nuisance can be abated by treatment rather than destruction; or
(c) Proclaim a quarantine in accordance with the
provisions of chapter 554 of NRS.
3. The order for destruction or treatment
must require compliance within a reasonable time with reference to the nature
of the disease.
4. If the inspection discloses honey,
honeycombs or beeswax exposed to robber bees, the Department may order the
abatement of the nuisance in a manner appropriate to the circumstances.
5. The order must be served upon the owner
or person in possession of the apiary personally or by registered or certified
mail, or, if that person cannot be located, by posting the order in a
conspicuous place at the apiary.
[11:225:1921; NCL § 470]—(NRS A 1959, 255; 1969, 95; 1987, 566; 1993, 1705; 1999, 1387, 3635; 2001, 89)
NRS 552.170 Prosecution and abatement of nuisance on failure to comply with
order for destruction or treatment. If
the owner or person in possession of an apiary neglects or refuses to comply
with an order issued under NRS 552.160, the
Department may refer the facts to the appropriate district attorney for
prosecution under NRS 552.300, and may authorize
the inspector or other agent to abate the nuisance by the method prescribed in
the order.
[12:225:1921; NCL § 471]—(NRS A 1959, 256; 1993, 1706; 1999, 3636)
NRS 552.180 Right of access of inspectors. For
the enforcement of the provisions of this chapter, inspectors shall have access
to all apiaries, appliances, structures and premises where bees or their
products are kept.
[Part 13:225:1921; NCL § 472]—(NRS A 1961, 514)
NRS 552.190 Duties of inspectors after inspections. After
inspecting infected hives or fixtures, or handling diseased bees, the inspector
shall, before leaving the premises or proceeding to any other apiary:
1. Thoroughly disinfect any portion of his
or her own person and clothing, and any tools or appliances used by him or her
which have come in contact with disease-infected material; and
2. See that any other assistant or
assistants with the inspector have likewise disinfected their persons and
clothing and all tools and appliances used by them.
[Part 13:225:1921; NCL § 472]—(NRS A 1961, 514)
NRS 552.205 Colony strength: Establishment of standards; inspectors;
certification; fees. The
Department may, if the demand for pollination service is found by the
Department to warrant such action:
1. Establish standards of colony strength
based upon:
(a) The number of bees per hive;
(b) The number of cells containing brood per
hive;
(c) The health of the bees and brood; and
(d) Any other factors which reasonably relate to
the ability of the colony to pollinize horticultural and agricultural crops.
2. Appoint qualified inspectors to
determine colony strength.
3. Certify hives of bees used in
commercial pollinization on the basis of colony strength.
4. Establish reasonable fees to cover the
cost of colony strength inspection and certification.
(Added to NRS by 1959, 253; A 1993, 1706; 1999, 3637)
NRS 552.212 Importation of queens or other bees in screened cages without
comb: Certificate of inspection; holding and destruction of bees.
1. A person shall not ship or transport
into this State any queens or other bees in screened cages without comb unless
the shipment is accompanied by a certificate of an authorized officer of the
state of origin certifying that all bees intended for shipment:
(a) Were inspected within 60 days before the date
of shipment; and
(b) Were found to be free from disease and pests.
2. The Department may hold a shipment
which is not accompanied by the certificate of inspection and notify the person
who owns or controls the bees that they will be destroyed after 48 hours after
the time of the notice unless a proper certificate of inspection is supplied.
If the certificate is not supplied within that time, the bees may be destroyed.
(Added to NRS by 1981, 437; A 1985, 346; 1987, 569; 1993, 1708; 1999, 1388, 3639; 2001, 89)
NRS 552.215 Fees for inspections. If
an inspection is requested by any person to determine the presence of disease
or colony strength, the person who requests the inspection shall pay a reasonable
fee as prescribed by the Department to pay the expenses of the inspection.
(Added to NRS by 1959, 253; A 1973, 284; 1993, 1709; 1999, 1388, 3639; 2001, 89)
NRS 552.230 Bees to be kept in movable frame hives.
1. It shall be unlawful for any person to
have in the person’s possession any bees kept in other than movable frame
hives.
2. If any such bees are found by an
inspector, the inspector shall serve written notice in person or by registered
or certified mail on the owner or owners, caretaker, or person in charge of the
same, ordering the owner or owners, caretaker or person in charge to correct
the condition within a specified time of not less than 3 days.
3. If the owner or owners, caretaker, or
person in charge shall neglect, fail or refuse to correct the condition by
providing accessible movable frame hives within the time specified in the
written notice, the bees, hives and combs shall be condemned and destroyed by
the inspector, without compensation.
[Part 17:225:1921; A 1955, 349]—(NRS A 1969, 95)
NRS 552.240 Concealment of disease or exposure of bees to disease unlawful. It shall be unlawful for any person to conceal
the fact that any disease exists among the person’s bees or to expose to bees
any infected bees, bee products, hives or appliances.
[Part 17:225:1921; A 1955, 349]
NRS 552.250 Regulation of neglected or abandoned used hives or appliances. Neglected or abandoned used hives or
appliances containing beeswax or bee comb, unless kept in an enclosure so
constructed as to prevent access by bees, are hereby declared to be public
nuisances, and it shall be unlawful to maintain them. Any such neglected or
abandoned hives or appliances shall be subject to seizure and destruction by an
inspector, without compensation.
[Part 17:225:1921; A 1955, 349]
NRS 552.255 Public nuisances: Declaration; abatement. The following may be declared to be public
nuisances and are subject to abatement under the provisions of this chapter:
1. Diseased bees and any apiary in which
they are found.
2. Honey, honeycombs and beeswax
containing honey which are exposed to robber bees.
(Added to NRS by 1959, 253; A 1999, 1388)
NRS 552.260 Extraction of honey.
1. Any and all extracting of honey shall
be done in a place to which bees cannot gain access either during or after such
extracting process.
2. Any inspector shall prohibit or stop
the extraction of honey in any place to which bees have access until such place
is made bee-tight.
[Part 17:225:1921; A 1955, 349]
NRS 552.280 Removal of diseased bees without permit unlawful. It shall be unlawful for the owner, owners,
lessee, lessees, agent or caretaker of any apiary, including appliances,
structures, buildings and honey, wherein disease exists, to move or distribute
any diseased bees, whether they are queens or workers, colonies, honeycombs,
appliances or structures beyond the already established boundaries of such
apiary wherein disease exists without written permission from the Chief
Inspector or the Chief Inspector’s deputies so to do.
[19:225:1921; A 1925, 38; NCL § 478]
NRS 552.290 Chapter supplemental to state law governing quarantines. Except as provided in this chapter, nothing in
this chapter shall be construed as in any way affecting the provisions of chapter 554 of NRS, but this chapter shall be
considered as supplementary to chapter 554 of
NRS.
[22:225:1921; NCL § 481]
NRS 552.300 Prosecution of violations.
1. Upon presentation of satisfactory
evidence by the State Quarantine Officer, the Chief Inspector or any deputy
inspector of the violation of any of the provisions of this chapter, any
district attorney shall, without delay, prosecute the person who has violated
any of the provisions of this chapter.
2. The Department may employ counsel to assist
in the prosecution of any person charged with the violation of any of the
provisions of this chapter and compensate the counsel so employed from the
plant industry program.
[21:225:1921; NCL § 480]—(NRS A 1959, 258; 1991, 1789; 1993, 1709; 1999, 3639; 2001, 2154)
NRS 552.310 Penalty. Any person
violating any of the provisions of this chapter shall be guilty of a
misdemeanor.
[20:225:1921; A 1925, 38; NCL § 479]—(NRS A 1957,
182; 1961, 515)
