USA Statutes : nevada
Title : Title 49 - AGRICULTURE
Chapter : CHAPTER 552 - BEES AND APIARIES
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 )
“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)
“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)
“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)
“Colony” means the bees, comb and
honey contained in the hive.
(Added to NRS by 1987, 564)
“Colony strength” means
the potential of a hive of bees to pollinize horticultural or
agricultural crops.
(Added to NRS by 1987, 564)
“Department” means the State
Department of Agriculture.
(Added to NRS by 1999, 3634 )
“Director” means the Director
of the Department.
(Added to NRS by 1999, 3634 )
“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 )
“Hive” means any receptacle or
container made or prepared for the use of bees.
(Added to NRS by 1987, 564)
“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 )
“Location” means any place where
an apiary is located.
(Added to NRS by 1987, 564)
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 )
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 )
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
)
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)
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 own person and
clothing, and any tools or appliances used by him which have come in
contact with disease-infected material; and
2. See that any other assistant or assistants with him 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)
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 )
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 )
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 )
1. It shall be unlawful for any person to have in his possession
any bees kept in other than movable frame hives.
2. If any such bees are found by an inspector, he 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 him 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)
It shall be unlawful for any person to conceal the fact that
any disease exists among his bees or to expose to bees any infected bees,
bee products, hives or appliances.
[Part 17:225:1921; A 1955, 349]
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]
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 )
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]
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 his deputies so to do.
[19:225:1921; A 1925, 38; NCL § 478]
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]
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 )
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)
