Chapter 901:5-55 Apiary Registration

901:5-55-01 Definitions.

As used in Chapter 901:5-55 of the Administrative Code

(A) "Beekeeper" means the person who takes care of and/or registers the apiary where the honey bee colonies are kept.

(B) "Control" means using any USDA/EPA approved method to eliminate or significantly reduce the disease symptoms or pest.

(C) "Pollination" means the use of honey bees for the transfer of pollen in the production of agricultural crops.

(D) "Deputy apiarist" means a county apiary inspector appointed by the board of county commissioners with the consent and concurrence of the director of agriculture.

(E) "Deputy state apiarist" means a state apiary inspector employed by the department of agriculture who supervises and trains deputy apiarists.

(F) "No consent form" means a document that may be signed by the registrant refusing apiary inspection.

(G) "Serious bee disease" means any bee disease the director of agriculture determines to be a threat to the beekeeping industry within the state.

(H) "Africanized honey bees" means any bees identified by the United States department of agriculture by approved identification methods to be classified as APIS mellifera scutellata.

(I) "Pest" means an animal or insect that may cause harm to the honey bee colony.

R.C. 119.032 review dates: 05/19/2010 and 05/19/2015
Promulgated Under: 119.03
Statutory Authority: 909.03
Rule Amplifies: 909.01
Prior Effective Dates: 5-1-95; 2-28-00

901:5-55-02 Registrations.

(A) The department of agriculture, apiary section, shall make reasonable efforts to register all apiaries where honey bee colonies are kept in this state.

(B) All deputy apiarists shall carry apiary registration applications, inspection reports, registration and disease printouts and anything else the director may require in carrying out the responsibilities of the apiary inspection work. Any unregistered apiaries shall be reported and a blank application given to the beekeeper if present during inspection.

(C) Renewal registration applications and no consent forms shall be mailed by the department of agriculture to all previously registered beekeepers, annually on or before the fifteenth of February.

(D) Honey bee colonies moved within this state for pollination purposes shall be returned to an Ohio registered apiary no later than ten days after the conclusion of the pollination service for the crop involved. Colonies which are not returned as required shall be considered a permanent apiary, which shall be registered in accordance with section 909.02 of the Revised Code. Any honey bee colonies moved into this state from outside for the purposes of pollination shall be required to register.

R.C. 119.032 review dates: 05/19/2010 and 05/19/2015
Promulgated Under: 119.03
Statutory Authority: 909.03
Rule Amplifies: 909.02
Prior Effective Dates: 5-1-95

901:5-55-03 Serious bee diseases.

The following have been classified as serious bee diseases:

(A) American foulbrood, Bacillus larvae = Paenibacillus larvae

(B) Varroa mite, Varroa Jacobsoni

(C) Tracheal mite, Acarapis woodi

(D) Small hive beetle, Aethina tumida

R.C. 119.032 review dates: 05/19/2010 and 05/19/2015
Promulgated Under: 119.03
Statutory Authority: 909.03
Rule Amplifies: 909.01(H)
Prior Effective Dates: 5-1-95; 5-3-99 (Emer.); 7-30-99

901:5-55-04 Inspection and procedures.

(A) Deputy apiarists shall have the authority to inspect all apiaries and make reasonable efforts if practical to inspect feral honey bees, if suspected of being Africanized or having a serious bee disease.

(B) Inspections shall take place during those months when the colonies are active, approximately March through October. If colonies are to move interstate, inspections may occur as late as December or whenever requested by the beekeeper.

(C) The goal of the department of agriculture is to inspect all colonies within the state's apiaries once annually. A good faith effort shall be made to inspect all registered apiaries no less frequently than once every two calendar years. Colonies may be inspected more than once annually for the following reasons:

(1) A serious bee disease or Africanized honey bees have been confirmed within a radius of four miles from an apiary whether or not a quarantine has been established.

(2) A serious bee disease or Africanized honey bees have been diagnosed in the apiary.

(3) A beekeeper plans to sell or give away honey bee colonies and/or used equipment.

(4) A beekeeper requests further or additional inspection.

(5) A quarantine order has been issued by the director of agriculture for the state or any subdivisions.

(D) All deputy apiarists' inspections shall be conducted utilizing proper methods of colony manipulation. Inspection results shall be written on the "report of apiary inspection" and a copy hand-delivered to the beekeeper or mailed to him or her if not present at the time of inspection. Combs containing brood shall be returned to the brood nest after inspection, being placed in their original positions, unless there is a valid reason for not doing so. Reasons for not returning the combs to the brood nest shall be stated in the "report of apiary inspection". If a beekeeper does not want his or her apiary inspected due to a specific management practice, the beekeeper shall notify the deputy apiarist, so that an inspection can be scheduled.

R.C. 119.032 review dates: 05/19/2010 and 05/19/2015
Promulgated Under: 119.03
Statutory Authority: 909.03
Rule Amplifies: 909.05
Prior Effective Dates: 5-1-95

901:5-55-05 No consent and search warrant.

(A) When the "no consent form" is received by the beekeeper, he/she has the right to deny inspection for the calendar year, by returning the completed no consent form before March fifteenth of each year or within thirty days after receipt of the form. If the form is not returned by the due date the deputy apiarist may enter the premises to inspect the colonies within the apiary without consent and without the necessity of obtaining a search warrant.

(B) A search warrant shall be obtained by the state apiarist or deputy state apiarist. After obtaining the search warrant, the department of agriculture shall make reasonable efforts to notify the beekeeper of the date, time and place of the intended inspection. Notification shall be given Monday through Friday and not less than twenty-four hours prior to the inspection. It shall be noted on the warrant what efforts were made to notify the beekeeper. In order to obtain a search warrant, the department of agriculture shall demonstrate that an apiary exists and the apiary has not been inspected for the year.

R.C. 119.032 review dates: 05/19/2010 and 05/19/2015
Promulgated Under: 119.03
Statutory Authority: 909.03
Rule Amplifies: 909.05
Prior Effective Dates: 5-1-95

901:5-55-06 Confirmation of disease.

(A) Any colony diagnosed by the deputy apiarist to have a serious bee disease shall be confirmed by the Ohio department of agriculture or an accredited diagnostic laboratory if the colony is to be destroyed by the deputy apiarist in this state. If any destruction occurs it shall be conducted for Africanized honey bees and those diseases where destruction is considered to be a viable control method within the bee industry. Any samples shall be either a smear, comb, adult bee or the pest depending on the specific disease or problem diagnosed. A copy of the sample test results shall be provided to the beekeeper. If the beekeeper requests, a sample shall also be provided at the time of inspection for his or her own independent analysis.

R.C. 119.032 review dates: 05/19/2010 and 05/19/2015
Promulgated Under: 119.03
Statutory Authority: 909.03
Rule Amplifies: 909.03
Prior Effective Dates: 5-1-95; 2-28-00

901:5-55-07 Disease controls.

(A) If any serious bee disease is diagnosed in honey bee colonies by the deputy apiarist, the beekeeper shall be permitted to use any USDA/EPA approved disease control or eradication recommended for the serious bee disease(s) diagnosed. The deputy apiarist shall give or mail to the beekeeper a "disease control used" form. Upon receiving the form, the beekeeper shall complete it, by selecting his or her specific control. Once completed, the original copy shall be returned to the deputy apiarist within ten days. Any disease control used by the beekeeper shall be administered, as required, according to label directions. Disease-control information sheets may also be obtained by the beekeeper from either the deputy apiarist or the Ohio department of agriculture apiary office. Control time limit extensions may be granted by the state apiarist upon receiving a written request from the beekeeper within fourteen days from the date of disease notification. This request shall state the reasons why an extension should be granted. The following are some recommended controls and eradications and their time limits.

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R.C. 119.032 review dates: 05/19/2010 and 05/19/2015
Promulgated Under: 119.03
Statutory Authority: 909.03
Rule Amplifies: 909.03
Prior Effective Dates: 5-1-95; 2-28-00

901:5-55-08 Special inspection fees.

(A) Any inspections conducted by the deputy state apiarist on honey bee colonies and used beekeeping equipment, entering this state, where the state or country of origin has no inspection facilities shall be assessed a fee of fifty cents for each colony plus a flat rate of twenty dollars per day. The inspection fee shall be due, upon the completion of the inspection and made payable to the Ohio department of agriculture.

R.C. 119.032 review dates: 05/19/2010 and 05/19/2015
Promulgated Under: 119.03
Statutory Authority: 909.03
Rule Amplifies: 909.10
Prior Effective Dates: 5-1-95