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| Home > Statutes > Usa Missouri |
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USA Statutes : missouri
Title : AGRICULTURE AND ANIMALS
Chapter : Chapter 264 Apiaries
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Sections 264.011 to 264.111 shall be known and may be cited as
the "Missouri Apiculture Law". (L. 1978 S.B. 683 § 1)
As used in sections 264.011 to 264.101, unless the context
clearly requires otherwise, the following terms mean:
(1) "Apiary", any place or location where one or more colonies or nuclei
of bees are kept;
(2) "Authorized official", the state official authorized to inspect
apiaries in the state of origin of bees being transported into the state
of Missouri;
(3) "Beekeeper", any individual, person, firm, association or corporation
owning, possessing or controlling one or more colonies of bees for the
production of honey, beeswax or by-products thereof, or for the
pollination of crops for either personal or commercial use;
(4) "Beekeeping equipment", all hives, supers, frames or other devices
used in the rearing or manipulation of bees, their brood, honey or
containers thereof which may be or may have been used in any apiary;
(5) "Bees", any stage of the common honey bee, Apis mellifera, or other
bees kept for the production of honey or wax or existing in the wild or
feral state;
(6) "Colony", the bees inhabiting a single hive, nuclei box or other
dwelling place;
(7) "Director", the director of the state department of agriculture;
(8) "Disease", American or European foulbrood and any other infectious,
contagious or communicable disease affecting bees or their brood;
(9) "Eradicate", the complete destruction of infected or undesirable bees
and equipment by burning or treatment approved by the state entomologist;
(10) "Extermination", the complete destruction of bee colonies;
(11) "Hive", any domicile with removable frames for keeping bees;
(12) "Inspector", a person appointed by the director to check for
diseased conditions or pest infestations in one or more apiaries or bees
in the wild or feral state as authorized by this chapter;
(13) "Pests", the honey bee mite, Acarapis woodi; the varroa mite, Varroa
jacobsoni; the Africanized honey bee, Apis mellifera scutellata; and any
other arthropod pest detrimental to honey bees. (L. 1978 S.B. 683 § 2,
A.L. 1985 H.B. 180, A.L. 1989 H.B. 134)
Every person appointed by the director as an apiary inspector
shall be a practical beekeeper who before his appointment shall furnish
the director with satisfactory evidence that he possesses a practical
knowledge of beekeeping and is familiar with the diagnosis and treatment
of bee diseases or that he is a graduate of an agricultural college with
qualifying training in apiculture. The director shall fix reasonable
compensation for all employees and contract employees considering the
duties performed and the available appropriations. (L. 1978 S.B. 683 § 3,
A.L. 1985 H.B. 180)
1. Inspection of bees for bee diseases or pests shall be made by
the director or an authorized inspector upon the request of any
beekeeper, directed to the office of the director, for inspection of bees
owned or managed by that beekeeper. A fee shall be charged which is
sufficient to cover the cost of the inspection plus the mileage of the
inspector at the rate then authorized by the commissioner of
administration for reimbursement of expenses of state employees. Fees
shall be paid by the owner of the bees at the time of inspection and are
not contingent upon certification.
2. The director, by request or suspicion of disease or pests, may inspect
or cause to be inspected any apiary or hive. For purposes of inspection,
and only when the director has probable cause to believe that the bees of
the owner to be inspected are diseased or infested with pests, the
director or any authorized inspector shall, after written notice to the
owner stating the reasons for such inspection, have free access to all
apiaries, buildings or places where bees or beekeeping equipment are kept
or stored, and shall have authority to open and examine all beekeeping
equipment wherein such bees or honey are kept and stored. Once written
notice of inspection has been given to an owner as provided in this
subsection, that owner shall not move any hive or hives or bees or bee
equipment from the time he receives such notice until either thirty days
thereafter or until the time he receives the results of the inspection,
whichever occurs first. Any bees kept in anything other than a hive with
removable frames such as box hives or other receptacles, natural or
artificial, shall be deemed impossible to properly inspect, unless owner
of said bees removes the brood or makes accessible for the director or
his inspectors to inspect such brood. If the owner refuses or fails to
remove the brood or make it accessible for inspection by the director or
his inspectors, the director may order the colonies to be transferred to
removable frame hives within six months. In the event the order is not
carried out, the colonies in other than removable frame hives may be
destroyed by the director or his inspectors. No fee will be charged for
nonrequested inspection and no certificate will be issued for this type
of inspection.
3. Persons desiring to have specialized examinations conducted by the
Missouri department of agriculture to determine freedom from diseases or
pests may be charged a fee sufficient to cover the cost of such
examination.
4. The director, by request or suspicion of the existence of the pest
Apis mellifera scutellata (Africanized bee), may inspect or cause to be
inspected any property after written notice is sent to the property
owner. Any bees found to be Africanized bees may be exterminated. (L.
1978 S.B. 683 § 4, A.L. 1985 H.B. 180, A.L. 1989 H.B. 134)
1. If, by reason of any owner-requested inspection, the director
is satisfied that no apparent disease or pest exists in any colony in an
apiary, he shall issue to the owner thereof a certificate of health
setting out therein the date of the inspection, the number of colonies
therein and the results of the inspection. This certificate shall expire
ninety days after the inspection.
2. If, by reason of any inspection, the director is satisfied of the
existence of any disease or pest, he shall notify the beekeeper owning
the apiary, in writing, of the results of the inspection, setting out the
number and location of infected colonies and informing him of the proper
methods of treating the infected colonies. Any apiary infected with any
contagious or infectious bee disease or pest may be declared under
quarantine and the owner thereof shall be prohibited from moving such
apiary, bees, honey, wax or used beekeeping equipment. The owner shall
thereafter eliminate the diseased or pest infested condition within the
apiary or equipment, or both, to the satisfaction of the director. The
quarantine will then be lifted. If, by the time of the next inspection,
which will be no more than one year after the initial inspection, the
diseased or pest infested condition has not been eliminated, the director
shall supervise the eradication of the diseased or pest infested bees and
equipment, or shall otherwise eliminate the diseased or pest infested
condition and lift the quarantine on any remaining bees. (L. 1978 S.B.
683 § 5, A.L. 1985 H.B. 180)
1. It is unlawful to move, carry, transport or ship bees, combs
or used beekeeping equipment into the state of Missouri unless
accompanied by a valid permit issued by the director of the department of
agriculture. Applications for permit to transport bees or used beekeeping
equipment into the state shall be submitted on a form approved by the
director. This application form must be accompanied by a certificate of
health, issued by the authorized official of the state from which the
bees are to be moved, certifying that the bees and used beekeeping
equipment have been inspected by an approved inspector, during a period
of active brood rearing, within ninety days prior to the proposed date of
movement, and that such bees and used beekeeping equipment were found
apparently free from any diseases or pests. Each application shall
disclose the number of colonies of bees to be transported and a
description of the location or locations where said bees are to be kept.
Upon receipt of an application for a permit to move bees or used
beekeeping equipment into the state, accompanied by a proper certificate
of health and an application fee of five dollars per application, the
director shall issue the desired permit. This shall not apply to honey
bees from quarantined areas outside the state of Missouri. These
quarantines shall include all federal, state or Missouri exterior
quarantines. Importation of honey bees from quarantined areas shall be in
accordance with the rules made pursuant to this chapter.
2. Regardless of the above provisions of this section, the director shall
have the authority to issue a permit without inspection to the person or
persons owning such bees and equipment if he is satisfied that such bees
and equipment were certified and moved from the state of Missouri within
ninety days prior to the desired date of reentry and have not been
exposed to diseased or pest infected bees or equipment.
3. A verbal authorization may be allowed by the Missouri director if the
written permit outlined above has been requested but has not been
received by the time that the bees are to be moved.
4. Combless packages of bees or queens, or both, are admitted into
Missouri, without a Missouri permit, when accompanied by a valid
certificate of inspection from the state of origin stating they are free
of diseases and pests. This shall not apply to honey bees from
quarantined areas outside the state of Missouri. These quarantines shall
include all federal, state or Missouri exterior quarantines. Importation
of honey bees from quarantined areas shall be in accordance with the
rules made pursuant to this chapter. (L. 1978 S.B. 683 § 6, A.L. 1985
H.B. 180, A.L. 1989 H.B. 134)
Whenever the director shall find that there exists in any other
state, territory or district or part thereof, any harmful pests or
diseases of honey bees, he may promulgate and enforce by appropriate
rules, a quarantine prohibiting the importation of or the transportation
into or through this state or any portion thereof, from such other state,
territory or district, any honey bees, used beekeeping equipment or any
other article or product capable of carrying such pests or diseases. The
director may make rules for the seizure, inspection, disinfection,
eradication, destruction or other disposition of any honey bees, used
beekeeping equipment or any other regulated article or product capable of
carrying such pests or diseases in violation of this quarantine. (L. 1985
H.B. 180)
1. Whenever the director shall find that there exists in this
state, or any part thereof, a harmful disease or pest of honey bees new
to the state, which, for the protection of the apiculture industry within
the state, should be prevented from spreading and be controlled or
eradicated, the director may adopt and carry out such restrictive and
control measures as may be deemed necessary and advisable and may
cooperate with other state agencies and with the United States Department
of Agriculture.
2. The director may promulgate rules establishing quarantines and
quarantine restrictions covering areas in the state affected by these
honey bee diseases or pests, and other areas within the state which are
likely to be affected by* such diseases and pests.
3. Under such quarantines the director or authorized personnel may
prohibit and prevent the movement, shipment or transportation without
inspection of any honey bees, used beekeeping equipment or any other
regulated material or article of any character capable of carrying such
disease or pest in any living state of its development, originating in or
which has been stored in such quarantined areas or in any area outside of
the state infested with such disease or pest, except under such
conditions as the director may prescribe as to inspection, treatment and
certification. In carrying out the provisions of this section the
director or authorized personnel may intercept, stop and detain for
official inspection any person, car, vessel, boat, truck, automobile,
aircraft, wagon or other vehicles or carriers whether air, land or water,
and may open and inspect any container or shipment thought to be carrying
such disease or pest in any living stage of its development. Any honey
bees, used beekeeping equipment or any other regulated articles moved,
shipped, or transported in violation of such quarantine may be seized and
treated, destroyed or otherwise disposed of in accordance with the
instructions of the director.
4. Under such quarantines the director may require the treatment or
destruction of infected or infested honey bee colonies as may be
necessary to effectively destroy or prevent the development of such
diseases and pests of honey bees. It shall be the duty of the owner or
person in charge of such apiary or any other thing connected therewith
within such quarantined area, upon due notice, to take such action as is
required within the time limit specified and in the manner designated by
the director.
5. In case the owner or the person in charge of such apiary, used
beekeeping equipment or other regulated materials within the quarantined
area shall neglect or refuse to carry out the instructions of the
director contained in such notice within the time limit specified, the
director or authorized personnel may take the action so required, and the
director shall have and enforce a lien for the expense thereof against
the place in or upon which such expense was incurred in the same manner
as liens are had and enforced upon buildings and lots, wharves and piers
for labor and materials furnished by virtue of contract with the owner.
(L. 1985 H.B. 180)
*Word "with" appears in original rolls.
Any permit for movement of bees or used beekeeping equipment
into the state, or any health certificate, may be revoked for cause by
the director. Notice of such revocation shall be in writing and shall be
mailed, by certified mail, to the last known address of the holder of the
permit or certificate. (L. 1978 S.B. 683 § 7)
Any person who is refused any permit or certificate of health,
or who has had any permit or certificate revoked, may request a hearing
before the director of agriculture. The request must be made in writing
no later than thirty days after the date on which such person was
notified of the denial or revocation of a permit or certificate of
health. (L. 1978 S.B. 683 § 8)
The director, his assistants, or inspectors shall have the right
of entry for the performance of his official duties upon any premises
where bees are kept only when the director, his assistants, or inspectors
have probable cause to believe that the bees located on such premises are
diseased or pest infested. (L. 1978 S.B. 683 § 9, A.L. 1985 H.B. 180)
1. The director shall, from time to time, make rules for
carrying out the provisions and requirements of sections 264.011 to
264.101, including rules under which inspectors and other employees shall:
(1) Inspect apiaries and equipment associated with apiculture;
(2) Investigate, control, eradicate and prevent the dissemination of
honey bee diseases and pests; and
(3) Supervise or cause the treatment, control or destruction of honey
bees infected with diseases or pests.
2. The director shall also make rules which establish standards and
procedures for determining the compensation and the working conditions
for all employees and contract employees. No rule or portion of a rule
promulgated under the authority of this chapter shall become effective
unless it has been promulgated pursuant to the provisions of section
536.024, RSMo. (L. 1985 H.B. 180, A.L. 1993 S.B. 52, A.L. 1995 S.B. 3)
Any person who shall violate any provision or requirement of
sections 264.011 to 264.101, or who shall forge, counterfeit, deface,
destroy, or wrongfully use any certificate provided for in sections
264.011 to 264.101, shall be deemed guilty of a class A misdemeanor. (L.
1978 S.B. 683 § 10, A.L. 1985 H.B. 180)
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