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AB-2468 Bees: apiaries: registration: colony relocation.(2017-2018)

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Date Published: 03/23/2018 09:00 PM
AB2468:v98#DOCUMENT

Amended  IN  Assembly  March 23, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 2468


Introduced by Assembly Member Arambula

February 14, 2018


An act to amend Section 29043 Sections 29042, 29045, 29046, 29070, 29070.5, and 29074 of the Food and Agricultural Code, relating to bees.


LEGISLATIVE COUNSEL'S DIGEST


AB 2468, as amended, Arambula. Bees: apiaries: registration. registration: colony relocation.

Existing law

(1) Existing law, the Apiary Protection Act, provides for the regulation and management of apiaries. Existing law requires that registration of an apiary be filed with the agricultural commissioner of the county in which the apiary is located, or with the Secretary of Food and Agriculture if there is no agricultural commissioner in the county. Existing law requires the secretary to adopt a form of registration to be used statewide, which includes a request for notification of use of pesticide, as prescribed, and specifies that all county agricultural commissioners shall use the same form. Existing law requires every person who moves bees into the state or otherwise comes into possession of an apiary that is located within the state after the first day of January to register the number of colonies moved into the state or so acquired within 30 days after coming into possession of the apiary.

This bill would make nonsustative changes in those provisions requiring the registration of apiaries.

This bill would instead require every person who moves bees into the state or otherwise comes into possession of such an apiary to register the name of the owner, number, and location of colonies moved into the state or so acquired within 30 days after coming into possession of the apiary. To the extent that the bill would impose additional duties on county agricultural commissioners, the bill would impose a state-mandated local program.
Existing law prohibits a person from maintaining any apiary that is not registered pursuant to the above-described provisions.
This bill would instead provide that it is unlawful for a person to maintain any apiary that is not registered pursuant to those provisions.
Existing law requires any person relocating a colony of bees from a registered apiary in one county to another county, where the apiary is currently not registered, to notify the destination county agricultural commissioner by telephone within 5 days of the first movement.
This bill would instead require any such person relocating a colony of bees to make that notification within 72 hours of the first movement.
Existing law provides that any apiary operator or his or her designated representative relocating a colony of bees within a county where the apiary is currently registered is not required to notify the county agricultural commissioner of the movement.
This bill would instead require any apiary operator or his or her designated representative relocating a colony of bees within a county where the apiary is currently registered to notify the county agricultural commissioner of the movement. By imposing new notification requirements, a violation of which is a crime, the bill would impose a state-mandated local program.
This bill would also make various nonsubstantive changes.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NOYES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 29042 of the Food and Agricultural Code is amended to read:

29042.
 Every person who moves bees into the state or otherwise comes into possession of an apiary that is located within the state after the first day of January, shall register the number name of the owner, number, and location of colonies moved into the state or so acquired within 30 days after coming into possession of the apiary.

SEC. 2.

 Section 29045 of the Food and Agricultural Code is amended to read:

29045.
 No person shall It is unlawful for a person to maintain any apiary which that is not registered pursuant to this article. Each registration is valid until January 1 of the following year.

SEC. 3.

 Section 29046 of the Food and Agricultural Code is amended to read:

29046.
 (a) No person shall maintain an apiary on premises other than that of his or her residence unless the apiary is identified as follows:
(1) By a sign that is prominently displayed on the entrance side of the apiary or stenciled on the hive, that states in dark letters not less than one inch in height on a background of contrasting color, the name of the owner or person responsible for the apiary, his or her address and telephone number, or if he or she has no telephone, a statement to that effect.
(2) If the governing body of the county or city in which the apiary is located has provided by ordinance for the identification of apiaries, in the manner which that is prescribed in the ordinance.
(b) No person shall locate or maintain an apiary on private land not owned or leased by the person unless the person has approval from the owner of record, or an authorized agent thereof, of the owner of record, and can establish approval upon demand of the director secretary or commissioner. The approval shall include the name and phone number of the person granting approval.
(c) (1) No person shall locate or maintain an apiary on any public land without the expressed oral or written approval of the entity which that owns, leases, controls, or occupies the land, and can establish this approval upon demand of the director secretary or the commissioner. The approval shall include the name and telephone number of the person granting the approval. During the citrus bloom period, as established by the commissioner, including 72 hours prior to before the declaration of the bloom period until 48 hours after the conclusion of the bloom period, the apiary operator shall obtain written permission to place bees on public land, and shall make it available to the director secretary or the commissioner upon demand. Any apiary located or maintained on public land without lawful consent is a public nuisance and may be subject to seizure by the director secretary or the commissioner.
(2) The director secretary or commissioner may commence proceedings in the superior court of the county or city and county in which the seizure is made petitioning the court for judgment forfeiting the apiary. Upon the filing of the petition, the clerk of the court shall fix a time for a hearing and cause notices to be posted for 14 days in at least three public places in the place where the court is held, if the person owning the apiary is unknown, setting forth the substance of the petition and the time and place fixed for its hearing. At that time, the court shall hear and determine the proceeding and upon proof that the apiary was located or maintained on public lands without approval of the entity, may order the apiary forfeited. Any apiary so forfeited shall be sold or destroyed by the director secretary or the commissioner. The proceeds from all sales shall be used in accordance with Section 29032.

SEC. 4.

 Section 29070 of the Food and Agricultural Code is amended to read:

29070.
 (a) Any person relocating a colony of bees from a registered apiary in one county to another county, where the apiary is not registered for the current calendar year, shall notify the destination commissioner by telephone within five days within 72 hours of the first movement. The notification shall include all of the following:
(1) The name and address of the apiary operator or his or her designated representative.
(2) A telephone number where the apiary operator or his or her designated representative may be reached.
(b) The apiary operator or his or her designated representative shall provide locations of each colony upon request by the commissioner of any county.
(c) Subsequent movement into the destination county shall not require further notification to the commissioner if, when the apiary operator removes the last colony from the county, he or she notifies the commissioner of that final movement within 72 hours.

SEC. 5.

 Section 29070.5 of the Food and Agricultural Code is amended to read:

29070.5.
 (a)Any apiary operator or his or her designated representative relocating a colony of bees within a county where the apiary is currently registered is not required to shall notify the commissioner of the movement.

(b)The apiary operator or his or her designated representative shall provide the commissioner with all locations of colonies upon request.

SEC. 6.

 Section 29074 of the Food and Agricultural Code is amended to read:

29074.
 The director secretary, by written permit, subject to conditions the director secretary may determine are necessary to protect the beekeeping industry of this state, may authorize federal and state agencies to transport and maintain within the state diseased bees, comb, hives, appliances, or colonies for the purpose of studying methods of eradicating and controlling bee diseases.

SEC. 7.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SECTION 1.Section 29043 of the Food and Agricultural Code is amended to read:
29043.

Registration of an apiary shall be filed with the commissioner of the county in which the apiary is located, or with the secretary if there is no commissioner in the county. The secretary shall adopt a form of registration to be used statewide, which shall include a request for notification of the use of pesticide in accordance with Section 29101. All commissioners shall use the same form.