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Rule 12:41 APIARIES

ARTICLE 12:41

APIARIES

Chapter

12:41:01                Apiaries, Repealed.

12:41:02             General provisions.

12:41:03             Bee location permits.

12:41:04             Inspection of apiaries.

12:41:05             Quarantine of diseased apiaries, Repealed.

12:41:05.01        Honey house sanitation.

12:41:06             Contested case procedure.

12:41:07             Entrance permits.


Rule 12:41:01 APIARIES

CHAPTER 12:41:01

APIARIES

(Repealed. 3 SDR 38, effective November 28, 1976)


Rule 12:41:02 GENERAL PROVISIONS

CHAPTER 12:41:02

GENERAL PROVISIONS

Section

12:41:02:01        Definitions.

12:41:02:02        Mileage and per diem.

12:41:02:03        Forms to be used.


Rule 12:41:02:01 Definitions.

          12:41:02:01.  Definitions. Terms defined in SDCL 38-18-1 have the same meaning in this article. Terms used in this article mean:

 

          (1)  "Crops," those seed or food producing crops that are pollinated by bees;

 

          (2)  "Landowner," a person who has legally filed a land deed with the county register of deeds office;

 

          (3)  "Lessee," a tenant under a written lease;

 

          (4)  "Restricted permit," a permanent location permit issued by the secretary for the placing of 10 or fewer colonies of bees within three miles of a  location with a permanent permit;

 

          (5)  "Sanitary," protected from dust, dirt, insects, and rodents;

 

          (6)  "Pollination permit," a temporary location permit issued by the secretary for the placing of bee colonies within three miles of a location with a permanent permit for the purpose of pollinating a crop;

 

          (7)  "Apistan," a miticide registered for use in controlling varroa mite; and

 

          (8)  "Independent third party," for the purpose of obtaining a certificate of inspection from a state where no state apairy official or inspection service exists, an apiary inspection may be obtained from a state or county entomologist, Cooperative Extension Specialist, or bee researcher with a combination of either two years apiary education or apiary experience and knowledge of apiary diseases and who can also provide a knowledgeable and unbiased inspection report. The third party must certify the specific disease details or inspection findings of the colonies. The third party must be an independent source who is not affiliated with the beekeeping operation, nor an employee of the beekeeping operation, nor a family member of the beekeeping operation. The third party must prepare a report of their findings and provide their telephone number and proper mailing address.

 

          Source: 3 SDR 38, effective November 28, 1976; 9 SDR 151, effective May 29, 1983; 11 SDR 1, effective July 19, 1984; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 12 SDR 205, effective July 2, 1986; 15 SDR 197, effective June 25, 1989; 17 SDR 188, effective June 11, 1991; 37 SDR 18, effective August 18, 2010.

          General Authority: SDCL 38-18-28.

          Law Implemented: SDCL 38-18-28.

 


Rule 12:41:02:02 Mileage and per diem.

          12:41:02:02.  Mileage and per diem. Reimbursement for any additional inspection made pursuant to SDCL 38-18-27 shall be according to rates established in chapter 5:01:02, allowable travel expenditures.

          Source: 3 SDR 38, effective November 28, 1976; 9 SDR 151, effective May 29, 1983; 12 SDR 128, 12 SDR 154, effective July 1, 1986.

          General Authority: SDCL 38-18-12, 38-18-28.

          Law Implemented: SDCL 38-18-27.


Rule 12:41:02:03 Forms to be used.

          12:41:02:03.  Forms to be used. Forms to be completed for application for registration or entrance permits and for providing written notice of landowner authorization shall be furnished by the secretary and shall contain the following information as necessary:

          (1)  The name, address, date, and signature of the landowner or lessee permitting bees to be placed on his property;

          (2)  The legal description of the location, consisting of county, quarter-section, section, township, and range where the bees are to be placed;

          (3)  The crop, crop location, and number of acres to be pollinated;

          (4)  The date bees will be placed at the location if the permit is temporary;

          (5)  A two-year history of the bees, including the state and county of each location and the dates the bees were in each location where the bees have been placed previously;

          (6)  Numerical calculations showing how the applicant determined the amount of fees to be submitted with each application; and

          (7)  A certificate of consent to allow inspections of apiaries and honey houses.

          Source: 3 SDR 38, effective November 28, 1976; 9 SDR 151, effective May 29, 1983; 11 SDR 1, effective July 19, 1984; 12 SDR 128, 12 SDR 154, effective July 1, 1986; transferred from § 12:41:03:02, 12 SDR 205, effective July 2, 1986.

          General Authority: SDCL 38-18-28.

          Law Implemented: SDCL 38-18-3, 38-18-4, 38-18-5.


Rule 12:41:03 BEE LOCATION PERMITS

CHAPTER 12:41:03

BEE LOCATION PERMITS

Section

12:41:03:01        Landowner permission.

12:41:03:02        Transferred.

12:41:03:03        Inspection for temporary permits.

12:41:03:04        Permanent location permits.

12:41:03:04.01   Transfer of permanent location permits.

12:41:03:05        Restricted permits.

12:41:03:06        Repealed.

12:41:03:07        Falsification of permit application.

12:41:03:08        Pollination permits.

12:41:03:09        Denial of permanent permits whose purpose is securing territory.

12:41:03:10        Revocation of permits.

12:41:03:11        Repealed.


Rule 12:41:03:01 Landowner permission.

          12:41:03:01.  Landowner permission. Before a person may apply for registration under SDCL 38-18-3, the person must obtain from the landowner or lessee written notification to the department of agriculture that the person has been authorized to place bees on the location specified in the written notification. This notification is required only once for a permanent location. The authorization by a landowner or lessee for a location becomes invalid when the land is sold or when a lessee changes. Authorization may not be transferred either temporarily or permanently to another person or to another location without the person first obtaining further written notification from the landowner or lessee. A person who has obtained authorization for a location may not lease or loan that location to another person without first obtaining further written notification of authorization from the landowner or lessee.

 

          Source: 3 SDR 38, effective November 28, 1976; 9 SDR 151, effective May 29, 1983; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 12 SDR 205, effective July 2, 1986; 14 SDR 99, effective January 25, 1988; 37 SDR 18, effective August 18, 2010.

          General Authority: SDCL 38-18-28.

          Law Implemented: SDCL 38-18-3.

 


Rule 12:41:03:02 Transferred.

          12:41:03:02.  Transferred to § 12:41:02:03.


Rule 12:41:03:03 Inspection for temporary permits.

          12:41:03:03.  Inspection for temporary permits. The secretary shall inspect all apiaries qualifying for a temporary permit. The detection of any regulated pest is sufficient cause for revoking a temporary permit.

          Source: 3 SDR 38, effective November 28, 1976; 9 SDR 151, effective May 29, 1983; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 12 SDR 205, effective July 2, 1986.

          General Authority: SDCL 38-18-28.

          Law Implemented: SDCL 38-18-3, 38-18-12.


Rule 12:41:03:04 Permanent location permits.

          12:41:03:04.  Permanent location permits. The secretary may issue permanent permits for all apiaries which are located three miles or more from any other beekeepers' approved permanent locations. The secretary may issue permanent permits to beekeepers to allow placement of apiaries closer than three miles to each other upon consideration of factors as they relate to pest control. Such factors may include density of bees, location and vegetation, landowner needs, disease history and management practices, and other relevant information. The beekeeper applying for a location less than three miles from another beekeeper's location and the beekeeper whose location is within three miles of the location applied for may be required to provide information for the secretary's consideration.

          Source: 3 SDR 38, effective November 28, 1976; 9 SDR 151, effective May 29, 1983; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 12 SDR 205, effective July 1, 1986.

          General Authority: SDCL 38-18-28.

          Law Implemented: SDCL 38-18-3, 38-18-3.1.


Rule 12:41:03:04.01 Transfer of permanent location permits.

          12:41:03:04.01.  Transfer of permanent location permits. The secretary may transfer previously registered permanent location permits upon receipt of properly completed landowner permission forms, applications, fees, and a two-year disease and location history with no lapse in registration.

          Source: 26 SDR 1, effective July 18, 1999.

          General Authority: SDCL 38-18-28.

          Law Implemented: SDCL 38-18-3, 38-18-3.1.


Rule 12:41:03:05 Restricted permits.

          12:41:03:05.  Restricted permits. The secretary may issue a restricted permit to an individual beekeeper holding less than five permanent permits. An individual beekeeper with four permanent permits may have one restricted permit. An individual beekeeper with three permanent permits may have two restricted permits. An individual beekeeper with two permanent permits may have three restricted permits. An individual beekeeper with one permanent permit may have four restricted permits. An individual beekeeper with no permanent permits may have five restricted permits. No more than five restricted location permits may be issued to an individual beekeeper in any given year.

          Source: 3 SDR 38, effective November 28, 1976; 9 SDR 151, effective May 29, 1983; 12 SDR 128, 12 SDR 154, effective July 1, 1986.

          General Authority: SDCL 38-18-28.

          Law Implemented: SDCL 38-18-3.1.


Rule 12:41:03:06 Repealed.

          12:41:03:06.  Purpose of administering these regulations.Repealed.

          Source: 3 SDR 38, effective November 28, 1976; 9 SDR 151, repealed May 29, 1983.


Rule 12:41:03:07 Falsification of permit application.

          12:41:03:07.  Falsification of permit application. Falsification of a permit application or a landowner or lessee authorization, or an attempt to hold oneself out as a landowner or to assign or transfer landowner rights in order to evade the restrictions of SDCL 38-18-3.1, is sufficient cause for denial of an application or cancellation of a permit issued pursuant to the application.

          Source: 3 SDR 38, effective November 28, 1976; 9 SDR 151, effective May 29, 1983; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 14 SDR 99, effective January 25, 1988; 26 SDR 1, effective July 18, 1999.

          General Authority: SDCL 38-18-28.

          Law Implemented: SDCL 38-18-3, 38-18-13.

          Cross-Reference: Forms to be used, § 12:41:02:03.


Rule 12:41:03:08 Pollination permits.

          12:41:03:08.  Pollination permits. The length of a temporary pollination permit may not exceed 40 days. The number of temporary pollination permits issued to a beekeeper may not exceed 5 percent of the number of permanent locations approved for that beekeeper. Except that a beekeeper with 1 to 5 approved permanent locations may be issued one temporary pollination permit and a beekeeper with 6 to 39 permanent locations may be issued a second pollination permit.

          Source: 9 SDR 151, effective May 29, 1983; 12 SDR 128, 12 SDR 154, effective July 1, 1986.

          General Authority: SDCL 38-18-28.

          Law Implemented: SDCL 38-18-3.1.


Rule 12:41:03:09 Denial of permanent permits whose purpose is securing territory.

          12:41:03:09.  Denial of permanent permits whose purpose is securing territory. The secretary may disapprove applications and may revoke permits for permanent locations if the secretary determines that the applicant or permit holder's purpose is to secure territory and obtain income primarily from the sale or lease of locations and not the management of bees and the production of honey.

          Source: 9 SDR 151, effective May 29, 1983; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 12 SDR 205, effective July 2, 1986.

          General Authority: SDCL 38-18-28.

          Law Implemented: SDCL 38-18-3.


Rule 12:41:03:10 Revocation of permits.

          12:41:03:10.  Revocation of permits. Bee location permits may be revoked if the locations do not have colonies of bees located on them and they are not used for honey production two out of the last five honey producing seasons. Beekeepers must indicate on their application for registration the number of colonies they expect to place on each location. Location permits may also be revoked if the apiaries located pursuant to each location permit are abandoned or if the apiaries located pursuant to each location permit are infected with a regulated pest and the beekeeper has failed to take specific actions as ordered by the secretary pursuant to SDCL 38-18-16. Bee location permits may be revoked if the bees on that location were brought into the state without an entrance permit, if the apiary is not identified, or if the landowner or lessee authorization is invalid. The secretary may also deny applications and revoke any permits for locations located within a quarantined area.

 

          Source: 9 SDR 151, effective May 29, 1983; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 12 SDR 205, effective July 2, 1986; 14 SDR 99, effective January 25, 1988; 37 SDR 18, effective August 18, 2010.

          General Authority: SDCL 38-18-28.

          Law Implemented: SDCL 38-18-3, 38-18-3.3, 38-18-4, 38-18-16.

 


Rule 12:41:03:11 Repealed.

          12:41:03:11.  Limited permits.Repealed.

          Source: 15 SDR 197, effective June 25, 1989; repealed, 17 SDR 188, effective June 11, 1991.


Rule 12:41:04 INSPECTION OF APIARIES

CHAPTER 12:41:04

INSPECTION OF APIARIES

Section

12:41:04:01        Frequency of inspection.

12:41:04:02        Number of colonies to be inspected.

12:41:04:03        Laboratory tests.

12:41:04:04        Method for obtaining bee samples.

12:41:04:05        Repealed.

12:41:04:06        Bees infested with varroa mite considered apparently free after treatment.


Rule 12:41:04:01 Frequency of inspection.

          12:41:04:01.  Frequency of inspection. Every honey house and apiary may be inspected yearly or more often as required by the secretary.

          Source: 3 SDR 38, effective November 38, 1976; 9 SDR 151, effective May 29, 1983; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 12 SDR 205, effective July 2, 1986.

          General Authority: SDCL 38-18-28.

          Law Implemented: SDCL 38-18-12.


Rule 12:41:04:02 Number of colonies to be inspected.

          12:41:04:02.  Number of colonies to be inspected. Ten percent of the total colonies in an apiary or a minimum of five colonies unless fewer exist in the apiary shall be inspected. If a regulated pest is found, the secretary may inspect all colonies in that apiary. The secretary is not required to perform additional inspections.

          Source: 3 SDR 38, effective November 28, 1976; 9 SDR 151, effective May 29, 1983; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 12 SDR 205, effective July 2, 1986.

          General Authority: SDCL 38-18-28.

          Law Implemented: SDCL 38-18-12.


Rule 12:41:04:03 Laboratory tests.

          12:41:04:03.  Laboratory tests. An inspector may take a sample of bees or material from a hive suspected of containing a regulated pest. Such samples shall be submitted to the state health laboratory or to the secretary to test for the presence of regulated pests. The findings of the state health laboratory or the secretary shall determine whether or not a regulated pest is present.

          Source: 3 SDR 38, effective November 28, 1976; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 12 SDR 205, effective July 2, 1986.

          General Authority: SDCL 38-18-28.

          Law Implemented: SDCL 38-18-12.


Rule 12:41:04:04 Method for obtaining bee samples.

          12:41:04:04.  Method for obtaining bee samples. Sampling of bees for examination shall be done in the following manner:

          (1)  A composite sample shall be collected from each apiary selected for inspection;

          (2)  Samples shall be randomly collected from 10 percent of the colonies in each apiary;

          (3)  If an apiary has less than 50 colonies, a composite sample shall be collected from a minimum of 5 colonies or from all colonies when the apiary has fewer than 5 colonies. If an apiary has more than 50 colonies, one composite sample shall be collected from each 50 colonies or portion of 50 colonies;

          (4)  A minimum of 100 bees shall be collected from each selected colony;

          (5)  Samples shall consist of older worker bees;

          (6)  Samples shall be collected under the general supervision of the state apiarist or regulatory officials;

          (7)  One hundred bees from each composite sample shall be selected for microscopic examination.

          Source: 11 SDR 145, effective May 5, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986; transferred from § 12:41:07:03, 12 SDR 205, effective July 2, 1986.

          General Authority: SDCL 38-18-28.

          Law Implemented: SDCL 38-18-12.


Rule 12:41:04:05 Repealed.

          12:41:04:05.  Bees infested with tracheal mite considered apparently free after treatment. Repealed.

 

          Source: 15 SDR 20, effective August 8, 1988; transferred from § 12:41:07:02.01, effective 15 SDR 197, June 25, 1989; repealed, 37 SDR 18, effective August 18, 2010.

 


Rule 12:41:04:06 Bees infested with varroa mite considered apparently free after treatment.

          12:41:04:06.  Bees infested with varroa mite considered apparently free after treatment. Bees that have a varroa mite infestation as determined by an alcohol wash, ether roll, or powdered sugar shake inspection method shall be treated during a nonbrood cycle.

 

          Source: 17 SDR 188, effective June 11, 1991; 37 SDR 18, effective August 18, 2010.

          General Authority: SDCL 38-18-28, 38-18-28.1.

          Law Implemented: SDCL 38-18-28, 38-18-28.1.

 


Rule 12:41:05 QUARANTINE OF DISEASED APIARIES

CHAPTER 12:41:05

QUARANTINE OF DISEASED APIARIES

(Repealed. 12 SDR 205, effective July 2, 1986)


Rule 12:41:05.01 HONEY HOUSE SANITATION

CHAPTER 12:41:05.01

HONEY HOUSE SANITATION

Section

12:41:05.01:01   Doors and windows.

12:41:05.01:02   Ventilation.

12:41:05.01:03   Lighting.

12:41:05.01:04   Interior walls, ceilings, and floors.

12:41:05.01:05   Water supply.

12:41:05.01:06   Toilet and washroom facilities.

12:41:05.01:07   Honey house premises.

12:41:05.01:08   Honey house interior.

12:41:05.01:09   Honey supers.

12:41:05.01:10   Equipment.

12:41:05.01:11   Protection of honey.

12:41:05.01:12   Containers.

12:41:05.01:13   Pest control.


Rule 12:41:05.01:01 Doors and windows.

          12:41:05.01:01.  Doors and windows. Doors, windows, or other openings to the honey house shall be constructed in a manner that prevents the entry of insects and rodents.

          Source: 11 SDR 1, effective July 19, 1984; 12 SDR 128, 12 SDR 154, effective July 1, 1986.

          General Authority: SDCL 38-18-12, 38-18-28.

          Law Implemented: SDCL 38-18-20.


Rule 12:41:05.01:02 Ventilation.

          12:41:05.01:02.  Ventilation. Appliances and equipment shall be installed and operated in a manner that prevents the accumulation of dust, odors, and gasses.

          Source: 11 SDR 1, effective July 19, 1984; 12 SDR 128, 12 SDR 154, effective July 1, 1986.

          General Authority: SDCL 38-18-12, 38-18-28.

          Law Implemented: SDCL 38-18-20.


Rule 12:41:05.01:03 Lighting.

          12:41:05.01:03.  Lighting. Honey houses shall be lighted to permit safe operation. Lights shall be constructed and located so that honey is protected from contamination through the breakage of light bulbs and other glass fixtures.

          Source: 11 SDR 1, effective July 19, 1984; 12 SDR 128, 12 SDR 154, effective July 1, 1986.

          General Authority: SDCL 38-18-12, 38-18-28.

          Law Implemented: SDCL 38-18-20.


Rule 12:41:05.01:04 Interior walls, ceilings, and floors.

          12:41:05.01:04.  Interior walls, ceilings, and floors. The interior walls, ceilings, and floors of the honey house shall be constructed of a washable material. Dirt floors are not permitted in any room where honey is handled, extracted, or bottled. Floor drains shall connect to a sewage system. Walls, ceilings, and floors shall be kept clean and in good repair.

          Source: 11 SDR 1, effective July 19, 1984; 12 SDR 128, 12 SDR 154, effective July 1, 1986.

          General Authority: SDCL 38-18-12, 38-18-28.

          Law Implemented: SDCL 38-18-20.


Rule 12:41:05.01:05 Water supply.

          12:41:05.01:05.  Water supply. A supply of clean water shall be provided for the cleaning of equipment and premises.

          Source: 11 SDR 1, effective July 19, 1984; 12 SDR 128, 12 SDR 154, effective July 1, 1986.

          General Authority: SDCL 38-18-12, 38-18-28.

          Law Implemented: SDCL 38-18-20.


Rule 12:41:05.01:06 Toilet and washroom facilities.

          12:41:05.01:06.  Toilet and washroom facilities. All honey houses shall have toilet and washroom facilities located either on the premises or within walking distance. Toilet facilities shall be completely enclosed. A sink with hot and cold running water shall be provided. Soap, clean towels, and a waste receptacle shall be provided. Toilet and washroom facilities shall be kept clean and in good repair.

          Source: 11 SDR 1, effective July 19, 1984; 12 SDR 128, 12 SDR 154, effective July 1, 1986.

          General Authority: SDCL 38-18-12, 38-18-28.

          Law Implemented: SDCL 38-18-20.


Rule 12:41:05.01:07 Honey house premises.

          12:41:05.01:07.  Honey house premises. Honey houses and the immediate premises shall be kept clean and free of conditions that attract or permit the harborage of insects and rodents.

          Source: 11 SDR 1, effective July 19, 1984; 12 SDR 128, 12 SDR 154, effective July 1, 1986.

          General Authority: SDCL 38-18-12, 38-18-28.

          Law Implemented: SDCL 38-18-20.


Rule 12:41:05.01:08 Honey house interior.

          12:41:05.01:08.  Honey house interior. The interior of the honey house shall be kept free of insects and rodents. Honey bees brought into or attracted to the honey house shall be abated.

          Source: 11 SDR 1, effective July 19, 1984; 12 SDR 128, 12 SDR 154, effective July 1, 1986.

          General Authority: SDCL 38-18-12, 38-18-28.

          Law Implemented: SDCL 38-18-20.


Rule 12:41:05.01:09 Honey supers.

          12:41:05.01:09.  Honey supers. Honey supers shall be stored in a manner that is inaccessible to bees or other insects and rodents, and kept clean and they shall be free from contamination from pesticides and other harmful chemicals.

          Source: 11 SDR 1, effective July 19, 1984; 12 SDR 128, 12 SDR 154, effective July 1, 1986.

          General Authority: SDCL 38-18-12, 38-18-28.

          Law Implemented: SDCL 38-18-20.


Rule 12:41:05.01:10 Equipment.

          12:41:05.01:10.  Equipment. Equipment used for handling, extracting, or bottling of honey shall be kept clean and sanitary.

          Source: 11 SDR 1, effective July 19, 1984; 12 SDR 128, 12 SDR 154, effective July 1, 1986.

          General Authority: SDCL 38-18-12, 38-18-28.

          Law Implemented: SDCL 38-18-20.


Rule 12:41:05.01:11 Protection of honey.

          12:41:05.01:11.  Protection of honey. Honey shall be protected from dust, dirt, insects, rodents, pesticides, or other contamination during extracting, bottling, and storage.

          Source: 11 SDR 1, effective July 19, 1984; 12 SDR 128, 12 SDR 154, effective July 1, 1986.

          General Authority: SDCL 38-18-12, 38-18-28.

          Law Implemented: SDCL 38-18-20.


Rule 12:41:05.01:12 Containers.

          12:41:05.01:12.  Containers. Honey may be placed only in clean and sanitary containers and only in containers either intended or previously used for human food.

          Source: 11 SDR 1, effective July 19, 1984; 12 SDR 128, 12 SDR 154, effective July 1, 1986.

          General Authority: SDCL 38-18-12, 38-18-28.

          Law Implemented: SDCL 38-18-20.


Rule 12:41:05.01:13 Pest control.

          12:41:05.01:13.  Pest control. Only registered pesticides or approved methods may be used within the honey house for control of pests. The use, storage, application, and disposal of chemicals in any form shall be performed in accordance with label instructions and without contamination of honey or honey-handling equipment.

          Source: 11 SDR 1, effective July 19, 1984; 12 SDR 128, 12 SDR 154, effective July 1, 1986.

          General Authority: SDCL 38-18-12, 38-18-28.

          Law Implemented: SDCL 38-18-20.


Rule 12:41:06 CONTESTED CASE PROCEDURE

CHAPTER 12:41:06

CONTESTED CASE PROCEDURE

Section

12:41:06:01                                Initiation of contested case hearing.

12:41:06:02 and 12:41:06:03  Repealed.

12:41:06:04                                Amendment of application or registration.


Rule 12:41:06:01 Initiation of contested case hearing.

          12:41:06:01.  Initiation of contested case hearing. A person whose application for an entry permit or for a location is refused, whose location permit is cancelled, who has another beekeeper applying for a location within three miles of his location, or who has been ordered to treat, destroy, or remove an apiary may request a contested case hearing before the secretary, as set out in SDCL 1-26, regarding the refusal, cancellation, application, or order of the secretary. A sufficient request shall include the following:

          (1)  Identification of the entry permit or application that was refused, the location that was cancelled, the application being made, or the order of the secretary;

          (2)  A statement of the reason the refusal, cancellation, approval of a location, or the order of the secretary is in error;

          (3)  Data, if any, supporting the allegation that the refusal, cancellation, approval of a location, or order of the secretary is in error; and

          (4)  The name, address, telephone number, and signature of the person requesting the contested case hearing and his attorney if he is represented.

          Source: 9 SDR 151, effective May 29, 1983; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 12 SDR 205, effective July 2, 1986.

          General Authority: SDCL 38-18-28.

          Law Implemented: SDCL 38-18-3, 38-18-4, 38-18-16, 38-18-16.1.


Rule 12:41:06:02 Repealed.

          12:41:06:02.  Contested case hearing. Repealed.

 

          Source: 9 SDR 151, effective May 29, 1983; 12 SDR 128, 12 SDR 154, effective July 1, 1986; repealed, 37 SDR 18, effective August 18, 2010.

 


Rule 12:41:06:03 Repealed.

          12:41:06:03.  Final decision. Repealed.

 

          Source: 9 SDR 151, effective May 29, 1983; 12 SDR 128, 12 SDR 154, effective July 1, 1986; repealed, 37 SDR 18, effective August 18, 2010.

 


Rule 12:41:06:04 Amendment of application or registration.

          12:41:06:04.  Amendment of application or registration. A person whose application for an entry permit or for a location is refused or whose permit for a location is cancelled may amend the application to bring it into compliance with SDCL 38-18 or article 12:41 whether or not a contested case is initiated.

          If a contested case is initiated, the application may be amended at any stage of the contested case hearing procedure. The amendment shall be served on all parties. If, in the opinion of the secretary, such an amendment brings the application or registration into compliance with SDCL 38-18 or article 12:41, the contested case hearing shall be dismissed without prejudice to any party. If, in the opinion of the secretary, such an amendment does not bring the application or registration into compliance the sufficiency of the amendment shall be an issue at the contested case hearing.

          Source: 9 SDR 151, effective May 29, 1983; 12 SDR 128, 12 SDR 154, effective July 1, 1986.

          General Authority: SDCL 38-18-28.

          Law Implemented: SDCL 38-18-3.


Rule 12:41:07 ENTRANCE PERMITS

CHAPTER 12:41:07

ENTRANCE PERMITS

Section

12:41:07:01 to 12:41:07:02                Repealed.

12:41:07:02.01 and 12:41:07:03  Transferred.

12:41:07:04 to 12:41:07:06                Repealed.

12:41:07:07                                       Entrance permits for bees in colonies infested with varroa mite.

12:41:07:08                                       Repealed.

12:41:07:09                                       Entrance permits for bees in colonies infested with American foulbrood.

12:41:07:10                                       Entrance permits for queen bees and bees in combless packages.

12:41:07:11                                       Entrance permits for bees on comb from states infested with small hive beetle.

12:41:07:12                                       Entrance permits for bees included in a compliance agreement.


Rule 12:41:07:01 Repealed.

          12:41:07:01.  Entrance permits denied for bees from states infested with Africanized bees. Repealed.

 

          Source: 11 SDR 145, effective May 5, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 12 SDR 205, effective July 2, 1986; 14 SDR 99, effective January 25, 1988; 15 SDR 20, effective August 8, 1988; 17 SDR 188, effective June 11, 1991; 26 SDR 1, effective July 18, 1999; repealed, 37 SDR 18, effective August 18, 2010.

 


Rule 12:41:07:01.01 Repealed.

          12:41:07:01.01.  Entrance permits for bees from states free from Africanized bees. Repealed.

 

          Source: 26 SDR 1, effective July 18, 1999; repealed, 37 SDR 18, effective August 18, 2010.

 


Rule 12:41:07:01.02 Repealed.

          12:41:07:01.02.  Entrance permits for bees from states infested with Africanized bees. Repealed.

 

          Source: 26 SDR 1, effective July 18, 1999; repealed, 37 SDR 18, effective August 18, 2010.

 


Rule 12:41:07:01.03 Repealed.

          12:41:07:01.03.  Dated sales receipt needed for European queens or cells for honey bees originating from known Africanized areas. Repealed.

 

          Source: 26 SDR 1, effective July 18, 1999; repealed, 37 SDR 18, effective August 18, 2010.

 


Rule 12:41:07:02 Repealed.

          12:41:07:02.  Entrance permits for bees with tracheal mite.Repealed.

          Source: 11 SDR 145, effective May 5, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 12 SDR 205, effective July 2, 1986; 14 SDR 99, effective January 29, 1988; 15 SDR 197, effective June 25, 1989; repealed, 26 SDR 1, effective July 18, 1999.


Rule 12:41:07:02.01 Transferred.

          12:41:07:02.01.  Transferred to § 12:41:04:05.


Rule 12:41:07:03 Transferred.

          12:41:07:03.  Transferred to § 12:41:04:04.


Rule 12:41:07:04 Repealed.

          12:41:07:04.  Entrance permits for bees from tracheal mite-free states.Repealed.

          Source: 11 SDR 145, effective May 5, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 12 SDR 205, effective July 2, 1986; 14 SDR 99, effective January 25, 1988; 15 SDR 20, effective August 8, 1988; repealed, 26 SDR 1, effective July 18, 1999.


Rule 12:41:07:05 Repealed.

          12:41:07:05.  Bee colony history required of unregistered keepers and bees.Repealed.

          Source: 11 SDR 145, effective May 5, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 14 SDR 99, effective January 25, 1988; repealed, 26 SDR 1, effective July 18, 1999.


Rule 12:41:07:06 Repealed.

          12:41:07:06.  Entrance permits for bees from states free from varroa mite.Repealed.

          Source: 15 SDR 20, effective August 8, 1988; repealed, 26 SDR 1, effective July 18, 1999.


Rule 12:41:07:07 Entrance permits for bees in colonies from states infested with varroa mite.

          12:41:07:07.  Entrance permits for bees in colonies infested with varroa mite. Entrance permits may be issued for bees in colonies infested with varroa mite only after the bees are certified apparently free from varroa mite. The certification must be based on an inspection by state regulatory officials or independent third party of a minimum of five percent of the colonies using the powdered sugar shake technique, alcohol wash, or ether roll technique. Apparently free colonies are colonies infested with an average of less than ten varroa mites. Colonies infested in excess of an average of ten varroa mites may be issued an entrance permit after all of the colonies are treated. Colonies may be certified apparently free upon observance of treatment in the colonies.

 

          Source: 15 SDR 20, effective August 8, 1988; 17 SDR 188, effective June 11, 1991; 37 SDR 18, effective August 18, 2010.

          General Authority: SDCL 38-18-28, 38-18-28.1.

          Law Implemented: SDCL 38-18-4, 38-18-21, 38-18-23.

 


Rule 12:41:07:08 Repealed.

          12:41:07:08.  Entrance permits for bees in colonies infested with varroa mite. Repealed.

 

          Source: 15 SDR 20, effective August 8, 1988; 17 SDR 188, effective June 11, 1991; 26 SDR 1, effective July 18, 1999; repealed, 37 SDR 18, effective August 18, 2010.

 


Rule 12:41:07:09 Entrance permits for bees from states infested with American foulbrood.

          12:41:07:09.  Entrance permits for bees in colonies infested with American foulbrood. Entrance permits may be issued for bees in colonies from states infested with American foulbrood only after the bees are certified apparently free of American foulbrood. The certification must be based on an inspection by state regulatory officials or by an independent third party of the brood frames of a minimum of five percent of the colonies.

 

          Source: 15 SDR 20, effective August 8, 1988; 37 SDR 18, effective August 18, 2010.

          General Authority: SDCL 38-18-28, 38-18-28.1.

          Law Implemented: SDCL 38-18-4, 38-18-21, 38-18-23.

 


Rule 12:41:07:10 Entrance permits for queen bees and bees in combless packages.

          12:41:07:10.  Entrance permits for queen bees and bees in combless packages. Entrance permits for queen bees and bees in combless packages from states infested with varroa mite may be issued if parent colonies are certified apparently mite free by a state regulatory official or independent third party.

 

          Source: 17 SDR 188, effective June 11, 1991; 37 SDR 18, effective August 18, 2010.

          General Authority: SDCL 38-18-28, 38-18-28.1.

          Law Implemented: SDCL 38-18-4, 38-18-21, 38-18-23.

 


Rule 12:41:07:11 Entrance permits for bees on comb, combless packages, queens, and equipment from states infested with small hive beetle.

          12:41:07:11.  Entrance permits for bees on comb from states infested with small hive beetle. Entrance permits may be issued for any bees from any small hive beetle (SHB) infested area if the bees have been treated with a product that is registered by the South Dakota Department of Agriculture for that use. Small hive beetle treatments must be installed before shipment of colonies, left in colonies during transit, and removed before placement of supers for surplus honey flow.

 

          Source: 25 SDR 126, effective March 29, 1999; 25 SDR 172, effective June 25, 1999; 26 SDR 1, effective July 18, 1999; 37 SDR 18, effective August 18, 2010.

          General Authority: SDCL 38-18-28, 38-18-28.1.

          Law Implemented: SDCL 38-18-4, 38-18-28.1.

 


Rule 12:41:07:12 Entrance permits for bees included in a compliance agreement.

          12:41:07:12.  Entrance permits for bees included in a compliance agreement. An entrance permit may be issued for bees in colonies which have been inspected in South Dakota within twelve months before entry and included in a valid compliance agreement signed by the secretary and the beekeeper.

          Source: 26 SDR 1, effective July 18, 1999.

          General Authority: SDCL 38-18-28, 38-18-28.1.

          Law Implemented: SDCL 38-18-4, 38-18-21, 38-18-28.1.


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