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38-18 APIARIES
CHAPTER 38-18

APIARIES

38-18-1      Definition of terms.
38-18-2      Repealed.
38-18-3      Annual application for registration of apiaries--Contents--Revocation of landowner or lessee's placement authorization--Approval or rejection of registration--Hearings--Violation as misdemeanor--Civil penalty.
38-18-3.1      Minimum distance between apiaries--Beekeepers excepted on own property.
38-18-3.2      Repealed.
38-18-3.3      Identification of apiary--Violation as misdemeanor.
38-18-3.4      Abandoned apiary--Destruction, treatment or seizure of bees and equipment.
38-18-4      Application for entrance permit--Action by secretary--Failure to apply for permit as misdemeanor--Civil penalty.
38-18-5      Registration fee.
38-18-5.1      Apiary fund established--Purpose--Appropriations.
38-18-6      Repealed.
38-18-7      Repealed.
38-18-8      Movable frames required in hives--Violation as misdemeanor.
38-18-9      Sealing of diseased hives required--Violation as misdemeanor--Additional penalty.
38-18-10      Infested colony or apiary as public nuisance--Treatment or destruction of infested apiaries--Violation as misdemeanor--Additional penalty.
38-18-11      Exposure of infected bees or equipment as misdemeanor--Additional penalty.
38-18-12      Inspection programs--Employment of personnel--Investigation and control of diseases--Movement of bees in and out of state.
38-18-13      False information or hindering of enforcement as misdemeanor.
38-18-14      Access of departmental personnel to premises and apiaries.
38-18-15      Certificate of inspection--Issuance and contents--Certificate of health--Duration--Revocation.
38-18-16      Written order by secretary to treat or destroy apiary, regulated pests or exotic bees--Action by secretary if order not obeyed--Secretary authorized to sell salvageable equipment and bees.
38-18-16.1      Hearing--Staying of effective date of order--Exception--Affirmation, amendment or revocation of order.
38-18-16.2      Failure to comply with order--Strict liability for costs of destruction.
38-18-17      Repealed.
38-18-18      Repealed.
38-18-19      Quarantine of bees, equipment, and premises--Unauthorized removal or handling as misdemeanor--Continuation until determination by secretary.
38-18-20      Written order to place honey house in sanitary condition--Failure to obey as misdemeanor.
38-18-21      Certificate of health or compliance agreement required for bees and used bee equipment imported from another state--Importation without certificate or compliance agreement as misdemeanor.
38-18-22      Repealed.
38-18-23      Certificate of health--Content--Based on actual inspection.
38-18-24      Repealed.
38-18-25      Unlawfully imported bees subject to seizure--Destruction or treatment if found to be infested--Notice of intent to seize--Owner to comply with provisions of this chapter or remove bees from state--Assessments of costs.


38-18-26      Certificate of inspection required to transfer ownership of bees or used bee equipment--Copy to recipient of bees--Violation as misdemeanor.
38-18-27      Request to enter compliance agreement or for additional inspections by departmental personnel--Fees and expenses.
38-18-28      Promulgation of rules by secretary.
38-18-28.1      Restriction on movement of bees and related articles from quarantined area--Promulgation of rules.
38-18-29      Repealed.
38-18-30      Repealed.
38-18-31      Promotion of honey and by-products.
38-18-32      Definitions.
38-18-33      Honey industry fund.
38-18-34      Administration of honey industry fund--Donation--Expenditures.
38-18-35      Promulgation of rules for honey industry fund.
38-18-36      Annual honey assessment.
38-18-37      Dissemination of information and instruction concerning honey assessment.


38-18-1 Definition of terms.
     38-18-1.   Definition of terms. Terms used in this chapter mean:
             (1)      "Apiary," any place where one or more colonies of bees are kept;
             (2)      "Appliances," any apparatus, tools, machines, or other devices, used in the handling and manipulating of bees, honey, wax, and hives. The term includes containers of honey and wax which may be used in an apiary or in transporting bees and their products and apiary supplies;
             (3)      "Bees," any stage of the common honeybee, Apis mellifera L;
             (4)      "Bee equipment," hives, supers, frames, or any parts thereof;
             (5)      "Colony," the bees in any hive including queens, workers, and drones;
             (6)      "Hive," any frame hive, box hive, box, barrel, log gum, skep, or any other container, which may be used as a domicile for bees;
             (7)      "Honey house," any building, or rooms within a building, where honey is handled, extracted, bottled, stored, or processed;
             (8)      "Location," any quarter-section or smaller portion of land where apiaries may be kept;
             (9)      "Nucleus," any division or portion of a hive that contains comb;
             (10)      "Package," an indefinite number of bees, in a bee-tight container, with or without a queen, without comb;
             (11)      "Permanent permit," a bee location permit issued by the secretary effective for an indefinite period of time;
             (12)      "Pest," any animal, plant, insect, or infectious, transmissible, or contagious disease or other organism which is or may be dangerous to the apiary industry of the state;
             (13)      "Pollination," the use of bees for the transfer of pollen in the production of agricultural crops;
             (14)      "Regulated pest," American foulbrood (Bacilius larvae), honeybee tracheal mite (Acarapis woodi), varroa mite (Varros jacobsoni), Africanized honeybee (apis mellifera scutellata), or any other pest which the secretary considers dangerous to the apiary industry and which warrants control or eradication;
             (15)      "Temporary permit," a bee location permit issued by the secretary effective for a limited period of time;
             (16)      "Secretary," the secretary of the Department of Agriculture of the State of South Dakota.

Source: SL 1947, ch 6, § 1; SL 1959, ch 2, § 1; SDC Supp 1960, § 4.1101; SL 1961, ch 3; SL 1976, ch 243, § 1; SL 1986, ch 330, § 1; SL 1992, ch 280, § 1.


38-18-2
     38-18-2.   Repealed by SL 1983, ch 280, § 1


38-18-3 Annual application for registration of apiaries--Contents--Revocation of landowner or less...
     38-18-3.   Annual application for registration of apiaries--Contents--Revocation of landowner or lessee's placement authorization--Approval or rejection of registration--Hearings--Violation as misdemeanor--Civil penalty. Any person owning, leasing, or possessing bees shall file an application registering the bees and each apiary with the secretary. The application shall be filed before the first day of February each year or within ten days of acquiring ownership or possession of any bees or apiary or before moving bees into the state and shall contain each location by legal description, the name of the landowner or lessee of the location, the number of colonies of bees in each apiary, and any other information required by the secretary. The landowner or lessee authorizing the placement of an apiary on a location may revoke the authorization by notifying the owner of the apiary and the secretary in writing. Such revocation of authorization by a landowner or lessee is not sufficient justification for a contested case hearing. If any person fails to register an apiary within the time specified by this section, the landowner authorization for that location is invalid.
     A registration application shall be approved or rejected by the secretary in compliance with this chapter or rules promulgated pursuant to chapter 1-26. The secretary may deny applications, revoke permits, or conduct contested case hearings in accordance with rules promulgated pursuant to chapter 1-26. Any person failing to register an apiary or bees pursuant to this section is guilty of a Class 2 misdemeanor. In addition to the criminal penalty imposed by this section, a person is subject to a civil penalty not to exceed five hundred dollars for each location that the person has failed to register.

Source: SL 1945, ch 10, § 2; SL 1947, ch 6, § 4; SL 1953, ch 6; SL 1959, ch 2, § 4; SDC Supp 1960, § 4.1104; SL 1961, ch 4; SL 1963, ch 4; SL 1965, ch 5; SL 1976, ch 243, § 3; SL 1983, ch 280, § 2; SL 1986, ch 326, § 22; SL 1986, ch 330, § 2; SL 1989, ch 344, § 1; SL 1992, ch 280, § 2; SL 2001, ch 215, § 3.


38-18-3.1 Minimum distance between apiaries--Beekeepers excepted on own property.
     38-18-3.1.   Minimum distance between apiaries--Beekeepers excepted on own property. Unless permitted by the secretary, no apiary may be located within three miles of any other apiary. However, any beekeeper who owns property may locate an apiary anywhere on that property.

Source: SL 1976, ch 243 § 19; SL 1986, ch 326, § 23; SL 1986, ch 330, § 3.


38-18-3.2
     38-18-3.2.   Repealed by SL 1986, ch 330, § 4


38-18-3.3 Identification of apiary--Violation as misdemeanor.
     38-18-3.3.   Identification of apiary--Violation as misdemeanor. Any person owning an apiary shall place a prominent sign within the apiary, with the name, address, and telephone number of the person in charge of maintaining the apiary. Any person who fails to identify an apiary as provided in this section is guilty of a Class 2 misdemeanor.

Source: SL 1986, ch 330, § 5.


38-18-3.4 Abandoned apiary--Destruction, treatment or seizure of bees and equipment.
     38-18-3.4.   Abandoned apiary--Destruction, treatment or seizure of bees and equipment. The failure to file an application registering an apiary pursuant to § 38-18-3, or the failure to identify a location pursuant to § 38-18-3.3, constitutes abandonment of the apiary. If the abandoned bees and bee equipment are found to be infested with a regulated pest, the secretary shall immediately treat or destroy the apiary. If the apiary is not infested with a regulated pest, the secretary may, upon finding in a contested case proceeding conducted pursuant to chapter 1-26 that there is no justifiable excuse for failure to comply with § 38-18-3 or 38-18-3.3, claim and seize the abandoned bees and bee equipment for use or sale.

Source: SL 1986, ch 330, § 6; SL 1989, ch 344, § 2.


38-18-4 Application for entrance permit--Action by secretary--Failure to apply for permit as misde...
     38-18-4.   Application for entrance permit--Action by secretary--Failure to apply for permit as misdemeanor--Civil penalty. Thirty days before transporting bees or used bee equipment not included in a compliance agreement into the state, a person shall file with the secretary an application for an entrance permit. A certificate of health, pursuant to § 38-18-23, shall be filed with the secretary prior to approval of the entrance permit. The secretary shall act upon an application within thirty days and may revoke entrance permits and conduct contested case hearings in accordance with this chapter or rules promulgated pursuant to chapter 1-26. The failure to apply for an entrance permit is a Class 2 misdemeanor. Any person failing to apply for an entrance permit is also subject to a civil penalty not to exceed five hundred dollars for each day he remains in violation of this section.

Source: SL 1945, ch 10, § 2; SL 1947, ch 6, § 4; SL 1953, ch 6; SL 1959, ch 2, § 4; SDC Supp 1960, § 4.1104; SL 1961, ch 4; SL 1963, ch 4; SL 1965, ch 5; SL 1976, ch 243, § 4; SL 1983, ch 27, § 4; SL 1986, ch 330, § 7; SL 1989, ch 344, § 3; SL 1992, ch 280, § 3.


38-18-5 Registration fee.
     38-18-5.   Registration fee. Any person registering an apiary pursuant to § 38-18-3 shall pay a registration fee of eleven dollars per permanent location and thirty dollars per temporary location.

Source: SDC Supp 1960, § 4.1104 as enacted by SL 1963, ch 4; SL 1965, ch 5; SL 1975, ch 249; SL 1976, ch 243, § 5; SL 1983, ch 27, § 5; SL 1986, ch 330, § 8; SL 2001, ch 215, § 4.


38-18-5.1 Apiary fund established--Purpose--Appropriations.
     38-18-5.1.   Apiary fund established--Purpose--Appropriations. Except as provided by § 38-18-36, fees collected pursuant to this chapter shall be deposited with the state treasurer in a special revenue fund known as the apiary fund. This fund shall consist of moneys from public and private sources including legislative appropriations, federal grants, gifts, and the fees received pursuant to this chapter. The fund shall be maintained separately and be administered by the department in order to defray the expenses of all activities associated with administering the apiary program. Expenditures from the fund shall be appropriated through the normal budget process. Unexpended funds and interest shall remain in the fund until appropriated by the Legislature.

Source: SL 2001, ch 215, § 6.


38-18-6
     38-18-6.   Repealed by SL 1976, ch 243, § 20


38-18-7
     38-18-7.   Repealed by SL 1986, ch 330, § 9


38-18-8 Movable frames required in hives--Violation as misdemeanor.
     38-18-8.   Movable frames required in hives--Violation as misdemeanor. Any person engaged in beekeeping shall provide movable frames in all hives in their apiary, and cause the bees to construct brood combs in the frames so that any of the frames may be removed from the hive without causing injury to other combs in the hive. Any violation of this section is a Class 2 misdemeanor.

Source: SL 1927, ch 62, § 1; SL 1931, ch 93; SDC 1939, § 4.1102; SL 1947, ch 6, § 8; SDC Supp 1960, § 4.1108; SL 1986, ch 330, § 10.


38-18-9 Sealing of diseased hives required--Violation as misdemeanor--Additional penalty.
     38-18-9.   Sealing of diseased hives required--Violation as misdemeanor--Additional penalty. Any hive which is infested with pests and in which the bees have died, shall be made tight so that robber bees cannot enter or leave the hive. The sealing of the hive shall be maintained as long as the hive remains infested with pests or remains in the apiary or in any place where robber bees can gain access to it. Any violation of this section is a Class 1 misdemeanor. In addition to the criminal penalty imposed by this section, a person is subject to a further penalty not in excess of five hundred dollars for each day he remains in violation of this section.

Source: SL 1947, ch 6, § 8; SDC Supp 1960, § 4.1108; SL 1976, ch 243, § 6; SL 1986, ch 330, § 11.


38-18-10 Infested colony or apiary as public nuisance--Treatment or destruction of infested apiarie...
     38-18-10.   Infested colony or apiary as public nuisance--Treatment or destruction of infested apiaries--Violation as misdemeanor--Additional penalty. Any colony or apiary infested with a regulated pest is a public nuisance. The owner or person in charge of maintaining an apiary shall, upon finding that a regulated pest is present in the apiary, immediately treat the regulated pest or destroy or remove the infested apiary or upon receiving written notice pursuant to § 38-18-16 comply with such notice. Any violation of this section is a Class 1 misdemeanor. In addition to the criminal penalty imposed by this section, a person is subject to a further penalty not to exceed five hundred dollars per day, for each day he remains in violation of this section.

Source: SL 1947, ch 6, § 9; SL 1959, ch 2, § 6; SDC Supp 1960, § 4.1109; SL 1976, ch 243, § 7; SL 1986, ch 330, § 12.


38-18-11 Exposure of infected bees or equipment as misdemeanor--Additional penalty.
     38-18-11.   Exposure of infected bees or equipment as misdemeanor--Additional penalty. No person may expose any bees, bee equipment, or appliances infected with pests in a manner or in a place where the pest could be transmitted or disseminated to other bees or bee equipment. Any violation of this section is a Class 1 misdemeanor. In addition to the criminal penalty imposed by this section, a person is subject to a further penalty not to exceed five hundred dollars per day for each day he remains in violation of this section.

Source: SL 1947, ch 6, § 9; SL 1959, ch 2, § 6; SDC Supp 1960, § 4.1109; SL 1986, ch 330, § 13.


38-18-12 Inspection programs--Employment of personnel--Investigation and control of diseases--Movem...
     38-18-12.   Inspection programs--Employment of personnel--Investigation and control of diseases--Movement of bees in and out of state. The secretary shall establish an apiary and a honey house inspection program. The secretary shall employ personnel to investigate outbreaks of pests and take suitable measures for their eradication or control. The secretary may enter into compliance agreements or memorandums of understanding with beekeepers or with other states or agencies to aid the control of regulated pests and to facilitate the movement of bees and used bee equipment out of and back into this state.

Source: SL 1925, ch 115, ch III, art V, § 17; SDC 1939, § 4.1101; SL 1939, ch 4; SL 1943, ch 4; SL 1945, ch 9; SL 1945, ch 10, § 1; SL 1947, ch 6, § 2; SL 1959, ch 2, § 2; SDC Supp 1960, § 4.1102; SL 1976, ch 243, § 8; SL 1986, ch 326, § 24; SL 1986, ch 330, § 14; SL 1992, ch 280, § 4.


38-18-13 False information or hindering of enforcement as misdemeanor.
     38-18-13.   False information or hindering of enforcement as misdemeanor. It is a Class 1 misdemeanor for any person to knowingly give false or incomplete information in any application or permit required by this chapter or to resist, impede, or hinder the secretary in the discharge of his duties pursuant to this chapter.

Source: SL 1947, ch 6, § 6; SL 1959, ch 2, § 5; SDC Supp 1960, § 4.1106; SL 1977, ch 190, § 320; SL 1986, ch 330, § 15.


38-18-14 Access of departmental personnel to premises and apiaries.
     38-18-14.   Access of departmental personnel to premises and apiaries. The secretary may enter any private or public premises on which an apiary or any bee equipment is located to ascertain the existence of pests or regulated pests.

Source: SL 1947, ch 6, § 3; SL 1959, ch 2, § 3; SDC Supp 1960, § 4.1103; SL 1976, ch 243, § 9; SL 1986, ch 330, § 16; SL 1992, ch 280, § 5.


38-18-15 Certificate of inspection--Issuance and contents--Certificate of health--Duration--Revocat...
     38-18-15.   Certificate of inspection--Issuance and contents--Certificate of health--Duration--Revocation. If an apiary is inspected, a certificate of inspection shall be issued. The certificate of inspection shall indicate the findings of the inspector. If the apiary is found to be apparently free of regulated pests and to be in compliance with the provisions of this chapter, a certificate of health may be issued. A certificate of health may be revoked by the secretary for cause pursuant to chapter 1-26.

Source: SL 1927, ch 62, § 1; SL 1931, ch 93; SDC 1939, § 4.1102; SL 1947, ch 6, § 3; SL 1959, ch 2, § 3; SDC Supp 1960, § 4.1103; SL 1976, ch 243, § 10; SL 1984, ch 265, § 1; SL 1986, ch 330, § 17; SL 1992, ch 280, § 6.


38-18-16 Written order by secretary to treat or destroy apiary, regulated pests or exotic bees--Act...
     38-18-16.   Written order by secretary to treat or destroy apiary, regulated pests or exotic bees--Action by secretary if order not obeyed--Secretary authorized to sell salvageable equipment and bees. If any regulated pest is found to exist in an apiary, the secretary shall issue a written order to the person owning or in charge of the bees that the apiary or regulated pest shall be treated, destroyed or removed in a manner and time specified by the secretary. If the specified actions in the order are not performed, the secretary may destroy the apiary or regulated pest and may claim and utilize or sell all salvageable equipment and bees to recover the costs accrued to the department as a result of the destruction activities.

Source: SL 1909, ch 221, § 2; RC 1919, § 8051; SL 1927, ch 62, § 1; SL 1931, ch 93; SDC 1939, § 4.1102; SL 1947, ch 6, § 3; SL 1959, ch 2, § 3; SDC Supp 1960, § 4.1103; SL 1976, ch 243, § 11; SL 1986, ch 330, § 18; SL 1992, ch 280, § 7.


38-18-16.1 Hearing--Staying of effective date of order--Exception--Affirmation, amendment or revocati...
     38-18-16.1.   Hearing--Staying of effective date of order--Exception--Affirmation, amendment or revocation of order. Any owner of an apiary who has been ordered to treat, destroy, or remove an apiary or regulated pest pursuant to § 38-18-16, may request a hearing pursuant to chapter 1-26 before the date specified in the order. The request shall stay the effective date of the order unless the secretary finds that to delay effectiveness of the order would constitute an eminent hazard to life or property, including other bees. The secretary may affirm, amend, or revoke the order at the hearing.

Source: SL 1986, ch 330, § 19; SL 1989, ch 344, § 4; SL 1992, ch 280, § 8.


38-18-16.2 Failure to comply with order--Strict liability for costs of destruction.
     38-18-16.2.   Failure to comply with order--Strict liability for costs of destruction. Any person who fails to comply with a written notice pursuant to § 38-18-16 is strictly liable to the department for all costs accrued to the secretary for the destruction of the exotic bees, regulated pest, or apiary.

Source: SL 1986, ch 330, § 21.


38-18-17
     38-18-17.   Repealed by SL 1986, ch 330, § 20


38-18-18
     38-18-18.   Repealed by SL 1986, ch 330, § 22


38-18-19 Quarantine of bees, equipment, and premises--Unauthorized removal or handling as misdemean...
     38-18-19.   Quarantine of bees, equipment, and premises--Unauthorized removal or handling as misdemeanor--Continuation until determination by secretary. The secretary may place any apiaries, bees, bee equipment, bee products, honey houses, or appliances where regulated pests are found to exist under quarantine. The removal or handling of any quarantined bees, apiaries, bee equipment, honey houses, or appliances without the written permission of the secretary, is a Class 1 misdemeanor. A quarantine shall exist until the secretary determines the bee, apiary, bee equipment, honey house, or appliance is apparently free from the regulated pest. The secretary may quarantine additional premises he considers necessary.

Source: SL 1927, ch 62, § 2; SDC 1939, § 4.1103; SL 1947, ch 6, § 5; SDC Supp 1960, § 4.1105; SL 1976, ch 243, § 12; SL 1983, ch 280, § 3; SL 1986, ch 330, § 23.


38-18-20 Written order to place honey house in sanitary condition--Failure to obey as misdemeanor.
     38-18-20.   Written order to place honey house in sanitary condition--Failure to obey as misdemeanor. If the secretary determines, pursuant to rules promulgated pursuant to the provisions of chapter 1-26, that unsanitary conditions exist in the operation of any honey house, the secretary shall order the operator of the honey house in writing to place the honey house in a sanitary condition within a reasonable period of time. Any operator of a honey house who fails to obey the order, is guilty of a Class 2 misdemeanor.

Source: SL 1947, ch 6, § 15; SDC Supp 1960, § 4.1114; SL 1976, ch 243, § 13; SL 1977, ch 190, § 321; SL 1986, ch 326, § 25; SL 1986, ch 330, § 24.


38-18-21 Certificate of health or compliance agreement required for bees and used bee equipment imp...
     38-18-21.   Certificate of health or compliance agreement required for bees and used bee equipment imported from another state--Importation without certificate or compliance agreement as misdemeanor. All bees and used bee equipment brought into this state from other states shall be accompanied by a certificate of health issued by that state or a compliance agreement with this state. The certificate of health shall comply with § 38-18-23. The transportation of bees into this state without a certificate of health or a compliance agreement by any person or common carrier is a Class 1 misdemeanor.

Source: SL 1947, ch 6, § 10; SDC Supp 1960, § 4.1110; SL 1986, ch 330, § 25; SL 1992, ch 280, § 9.


38-18-22
     38-18-22.   Repealed by SL 1986, ch 330, § 26


38-18-23 Certificate of health--Content--Based on actual inspection.
     38-18-23.   Certificate of health--Content--Based on actual inspection. The certificate of health shall certify to the apparent freedom from regulated pests, and shall be based on actual inspection of bees and material within ninety days of the date of shipment.

Source: SL 1947, ch 6, § 11; SL 1959, ch 2, § 7; SDC Supp 1960, § 4.1111; SL 1976, ch 243, § 15; SL 1986, ch 330, § 27.


38-18-24
     38-18-24.   Repealed by SL 1986, ch 330, § 28


38-18-25 Unlawfully imported bees subject to seizure--Destruction or treatment if found to be infes...
     38-18-25.   Unlawfully imported bees subject to seizure--Destruction or treatment if found to be infested--Notice of intent to seize--Owner to comply with provisions of this chapter or remove bees from state--Assessments of costs. Any bees brought into this state without an entrance permit or a compliance agreement shall be seized by the secretary. If the bees are found by the secretary to be infested by a regulated pest, the secretary may forthwith destroy the bees and bee equipment or may order treatment of the bees. Following seizure, the secretary shall serve notice upon the owner, if known, by certified mail, return receipt requested, and if the owner is unknown, publish in the county where the apiary is located, a notice of seizure. The notice shall describe the apiary, the original location of the apiary, and the date and time of a hearing, to be conducted pursuant to chapter 1-26, at which any person may make claim to the apiary. If the apiary is not claimed, it is considered abandoned and the secretary may utilize or sell the bees and equipment. If the apiary is shown to be owned by a particular person, the secretary shall order the owner to comply with the provisions of this chapter or to remove the bees from the state within ten days. In addition the secretary shall, before releasing the apiary to the owner, assess against the owner of the bees the costs of seizure, treatment or destruction of the bees.

Source: SL 1947, ch 6, § 18; SDC Supp 1960, § 4.9908; SL 1983, ch 280, § 4; SL 1986, ch 330, § 29; SL 1989, ch 344, § 5; SL 1992, ch 280, § 10.


38-18-26 Certificate of inspection required to transfer ownership of bees or used bee equipment--Co...
     38-18-26.   Certificate of inspection required to transfer ownership of bees or used bee equipment--Copy to recipient of bees--Violation as misdemeanor. No person may sell, offer for sale, give away, or transfer ownership of any apiary, bees, or used bee equipment within this state without receiving a certificate of inspection from the secretary issued within six months prior to the disposition. The seller or giver shall issue a copy of the certificate to the purchaser or person receiving the colony at the time of delivery. A violation of this section is a Class 2 misdemeanor.

Source: SL 1947, ch 6, § 13; SL 1959, ch 2, § 8; SDC Supp 1960, § 4.1113; SL 1976, ch 243, § 17; SL 1984, ch 265, § 2; SL 1986, ch 330, § 30.


38-18-27 Request to enter compliance agreement or for additional inspections by departmental person...
     38-18-27.   Request to enter compliance agreement or for additional inspections by departmental personnel--Fees and expenses. Any person may request to enter into a compliance agreement with the secretary or that the secretary make additional inspections of bees, bee equipment, or honey houses. The person requesting the agreement shall pay a fee of fifty dollars per compliance agreement. If an inspection is conducted, the person requesting the inspection shall pay the secretary any extra expense incidental to such inspection plus mileage and per diem for inspectors' expenses.

Source: SL 1947, ch 6, § 16; SDC Supp 1960, § 4.1115; SL 1986, ch 330, § 31; SL 1992, ch 280, § 11; SL 2001, ch 215, § 35.


38-18-28 Promulgation of rules by secretary.
     38-18-28.   Promulgation of rules by secretary. The secretary, pursuant to the provisions of chapter 1-26, may promulgate rules consistent with the following:
             (1)      To provide application forms and guidelines for location and colony registration and entrance permits;
             (2)      To provide standards to allow apiaries to be located within three miles of each other on a temporary or permanent basis;
             (3)      To provide for denial or revocation of locations or permits;
             (4)      To provide standards and procedures for handling diseased bees and bee equipment;
             (5)      To provide standards and procedures for an apiary inspection program;
             (6)      To provide standards and procedures for quarantine of bees, equipment and premises and areas and for lifting of quarantines;
             (7)      To provide standards and inspection procedures for honey houses;
             (8)      To provide standards and procedures for the seizure of unlawfully imported bees and bee equipment;
             (9)      To provide forms and standards to issue certificates of health or inspection for bees;
             (10)      To provide a procedure for contested cases;
             (11)      To provide standards for identification of apiaries;
             (12)      To provide standards and procedures for treatment and control of pests;
             (13)      To establish restrictions on the movement of quarantined bees or equipment and standards for the inspection, treatment, disposal, certification, permitting, and assignment of specified travel routes, locations and procedures for quarantined bees or equipment;
             (14)      To provide standards for compliance agreements;
             (15)      To provide standards for incidental expenses.

Source: SL 1947, ch 6, § 19; SDC Supp 1960, § 4.1117; SL 1986, ch 326, § 26; SL 1986, ch 330, § 32; SL 1992, ch 280, § 12.


38-18-28.1 Restriction on movement of bees and related articles from quarantined area--Promulgation o...
     38-18-28.1.   Restriction on movement of bees and related articles from quarantined area--Promulgation of rules. The secretary may promulgate rules, pursuant to the provisions of chapter 1-26, establishing restrictions on movement of bees or any other related article from a quarantined area within or without the state to any other area within or without the state. Such rules shall include standards, which may include procedures for inspection, treatment, disposal, certification, permitting, or assignment of specific traveling routes and locations.

Source: SL 1986, ch 326, § 27.


38-18-29
     38-18-29.   Repealed by SL 1986, ch 330, § 33


38-18-30
     38-18-30.   Repealed by SL 1976, ch 243, § 20


38-18-31 Promotion of honey and by-products.
     38-18-31.   Promotion of honey and by-products. The department may engage in activities provided for in § 38-18-34 for the purpose of promoting the processing, marketing, sale, and consumption of honey and honey by-products produced in this state.

Source: SL 1991, ch 324, § 2.


38-18-32 Definitions.
     38-18-32.   Definitions. Terms used in §§ 38-18-31 to 38-18-37, inclusive, mean:
             (1)      "Bee location," any quarter section or smaller portion of land where apiaries may be kept;
             (2)      "Department," the Department of Agriculture;
             (3)      "Honey producer" or "beekeeper," any person, firm or corporation engaged in the act of raising, harboring, keeping, or breeding domesticated honey bees for the pollination of crops or the production of honey, beeswax, or by-products, either for personal or commercial use;
             (4)      "Honey by-product," any item using honey as a base such as creamed honey or whipped honey;
             (5)      "Participation producer," a honey producer or beekeeper who has not requested a refund from the payment of assessments on a bee location for any particular year.

Source: SL 1991, ch 324, § 1.


38-18-33 Honey industry fund.
     38-18-33.   Honey industry fund. Funds collected pursuant to §§ 38-18-31 to 38-18-37, inclusive, shall be deposited with the state treasurer in a special fund known as the honey industry fund. Expenditures of these funds shall be made pursuant to the provisions of chapter 4-7.

Source: SL 1991, ch 324, § 3.


38-18-34 Administration of honey industry fund--Donation--Expenditures.
     38-18-34.   Administration of honey industry fund--Donation--Expenditures. In the administration of §§ 38-18-31 to 38-18-37, inclusive, the department may:
             (1)      Contract and cooperate with any person or group for the administration of the honey industry fund;
             (2)      Contract and cooperate with any person or with any governmental department or agency for research, education, and transportation;
             (3)      Expend the funds collected pursuant to §§ 38-18-31 to 38-18-37, inclusive, and appropriated for its administration;
             (4)      Accept donations of funds, property, services, or other assistance from public or private sources for the purpose of furthering the objectives of §§ 38-18-31 to 38-18-37, inclusive;
             (5)      Expend up to ten percent of the honey industry fund for department administrative costs associated with the administration of the honey industry fund.

Source: SL 1991, ch 324, § 4.


38-18-35 Promulgation of rules for honey industry fund.
     38-18-35.   Promulgation of rules for honey industry fund. The department may promulgate rules pursuant to chapter 1-26 concerning:
             (1)      The procedures for obtaining a declaratory ruling;
             (2)      The procedures for collecting assessments for bee locations;
             (3)      The procedures for collecting delinquent assessments;
             (4)      The record-keeping and reporting requirements of honey producers or beekeepers with bee locations within the state.

Source: SL 1991, ch 324, § 5.


38-18-36 Annual honey assessment.
     38-18-36.   Annual honey assessment. There is hereby imposed upon each bee location within the state, at the time of registration, a continuing annual assessment of one dollar per location. The Department of Agriculture shall collect and deposit the funds in the honey industry fund.

Source: SL 1991, ch 324, § 7; SL 1993, ch 303; SL 2001, ch 215, § 5.


38-18-37 Dissemination of information and instruction concerning honey assessment.
     38-18-37.   Dissemination of information and instruction concerning honey assessment. The department shall develop and disseminate information and instruction relating to the purpose of the honey assessment and to this purpose shall cooperate with state and federal governmental agencies and private businesses engaged in the purchase of honey.

Source: SL 1991, ch 324, § 8.


Title 38

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