BEES AND APIARIES ACT [510 ILCS 20/1 et seq.] Illinois Compiled Statutes Chapter 510. Animals Act 20. Bees and Apiaries Act

Section 1. Short Title

This Act shall be known and may be cited as the "Bees and Apiaries Act". Added by P.A. 82-722, § eff. July 1, 1982.

Section 1a. Definitions

As used in this Act, unless the context otherwise requires: "Abate" means the destruction or disinfection of bees, colonies, or items of bee equipment by burning or by treatment specified by the Department. "Apiary" means a place where one or more hives or colonies of bees are kept. "Bee diseases" means any infectious or contagious diseases of bees as specified by the Department, including but not limited to American foulbrood. "Bee equipment" means hives, supers, frames, or any other devices used in beekeeping. "Bee parasites" means any parasite of bees as specified by the Department. "Beekeeper' means a person who keeps bees. "Beekeeping" means the raising or producing of bees, beeswax, honey, and by-products and the transporting of bees, colonies or items of bee equipment. "Bees" means the common honey bee, Apis mellifera (L) in any stage of its life cycle. "Colony" means the entire honey bee family or social unit living together. "Compliance agreement" means a written agreement between a registrant or other person handling or moving bees, colonies or items of bee equipment and the Department, in which the former agrees to specified conditions or requirements so as to remain in compliance with the terms of this Act. "Department" means the Illinois Department of Agriculture. "Director" means the Director of the Illinois Department of Agriculture or his or her authorized agent. "Exotic strain of bees" means any developed strain of bees not known to be present ordinarily in the State as specified by the Department. "Hive" means a frame hive, box hive, box, barrel, log gum, skep or any other receptacle or container, natural or artificial, or any part thereof, which is used or employed as a domicile for bees. "Inspection certificate" means an official record stating that the bees, colonies, or items of bee equipment have been inspected by an inspector of apiaries or other officer charged with similar duties from this State or other states for bee diseases, bee parasites or other nuisances and found to be in compliance with this Act or Illinois entry requirements. "Nuisance" means bees, colonies, or items of bee equipment where bee diseases, bee parasites or exotic strains of bees exist; or hives that cannot be readily inspected; or colonies that are not registered. "Packages" means bees with or without food supply in special containers for their transportation. "Permit" means a statement of authorization to allow bees, colonies, or items of bee equipment to enter the State or to move within the State whether or not an inspection certificate is available. "Person" means any individual, firm, partnership, association, corporation, or other organized group of persons whether incorporated or not. "Registrant" means the person applying for registration of the apiary or apiaries and the colonies of bees. "Registration" means the recording of the registrant's name, address, apiary location and any other pertinent information on a printed form prescribed by the Department. Amended by P. A. 88-138 §1, eff. Jan. 1, 1994.

Section 2. Registration

(a) Every person keeping one or more colonies of bees shall register with the Department annually. (b) Every person keeping one or more colonies of bees may be required to post his or her registration number in a prominent place within each apiary under his or her control. Amended by P. A. 88-138 §1, eff. Jan. 1, 1994.

Section 2-1. Nuisances.

All bees, colonies, or items of bee equipment, where bee diseases, bee parasites or exotic strains of bees exist; or hives that cannot be readily inspected; or colonies that are not registered, are declared to be nuisances to be regulated as prescribed by the Department. If the Department finds by inspection that any person is maintaining a nuisance as described in this Section, it shall proceed to regulate the nuisance by methods or procedures deemed necessary for control in accordance with rules and regulations of the Department. If the owner or beekeeper cannot be found or will not consent to the terms for regulation of the nuisance, the Department shall notify in writing the owner or beekeeper, disclose the fact that nuisance exits and prescribe the method by which the nuisance may be abated. The notice declaring that a nuisance exists and ordering its abatement shall include: (1) a statement of conditions constituting the nuisance; (2) establishment of the time period within which the nuisance is to be abated; (3) directions, written or printed, pointing out the methods that shall be employed to abate the nuisance; (4) a statement of the consequences should the owner or beekeeper fail to comply. The notice may be served personally or by certified mail with a return receipt requested. The directions for abatement of a nuisance may consist of a printed circular, bulletin or report of the Department, the United States Department of Agriculture or others, or an extract from such document. If the person so notified refuses or fails to abate the nuisance in the manner and in the time prescribed in the notice, the Department may cause the nuisance to be abated. The Department shall certify, to the owner or beekeeper, the cost of the abatement. The owner or beekeeper shall pay to the Department any costs of that action, within 60 days after certification that the nuisance has been abated. If the costs of abatement are not remitted, the Department may recover the costs before any court in the State having competent jurisdiction. Added by P.A. 88-138, §1, eff. Jan. 1, 1994

Section 2-2. Indemnity.

If State funds are available for paying indemnity, the Department shall pay to the registrant of the bees an indemnity of $25 for each colony destroyed by the Department. Added by P. A. 88-138, §1, eff. Jan. 1, 1994.

Section 2-4. Right of entry.

The Department shall have the power to inspect or cause to be inspected from time to time any bees, colonies, items of bee equipment or apiary. For the purpose of inspection, the Director is authorized during reasonable business hours to enter into or upon any property used for the purpose of beekeeping. Added by P. A. 88-138, §1, eff. Jan. 1, 1994.

Section 2a. Intrastate transportation.

(a) No person shall transport a colony of bees or items of used bee equipment between counties within this State without a permit or compliance agreement which shall be issued based upon an inspection certificate from the Department. (b) A colony of bees or items of used bee equipment transported in violation of this Section may be held and inspected by the Department, ordered returned to the place of origin, or abated. Added by P. A. 88-138, §1, eff. Jan. 1, 1994.

Section 2b. Import.

(a) No person shall transport a colony of bees or items of used bee equipment into this State from another State or country having an inspector of apiaries or other officer charged with similar duties, without a permit or compliance agreement which shall be issued based upon an inspection certificate. Such colony or items of used bee equipment may be subject to inspection by the Director upon entry into the State. (b) No person shall transport a colony of bees or items of used bee equipment into this State from another State or country not having an inspector of apiaries or other officer charged with similar duties, unless the shipper or consignee has obtained from the Department a permit or compliance agreement for the shipment into the State. Such colonies or items of used bee equipment may be inspected by the Director after arrival in the State. A colony of bees or items of used bee equipment found to be infected with bee diseases or infested with bee parasites, or exotic strains of bees shall be ordered returned to the place of origin or abated. (c) A colony or item of used bee equipment transported in violation of this Section may be held and inspected by the Department, ordered returned to the place of origin, or abated. Added by P. A. 88-138, §1, eff. Jan. 1, 1994.

Section 2b-1. Transportation of packaged bees.

(a) No person shall transport packaged bees for sale between counties within this State without an inspection certificate. (b) No person shall transport packaged bees for sale into this State from another State or country without an inspection certificate. Added by P. A. 88-138, §1, eff. Jan. 1, 1994.

Section 2b-2. Inspection of bee colonies for sale or trade.

The Department may require colonies of bees or items of used bee equipment being given, sold, leased, traded, or offered for sale in Illinois to be inspected. Added by P. A. 88-138, §1, eff. Jan. 1, 1994.

Section 2c. Diseases, parasites or exotic strains; quarantine and transportation.

Upon a finding that there exist in this State, or in any other state, territory, district, province or country bee diseases, bee parasites, or exotic strains of bees, the Director may impose and enforce a quarantine restricting the transportation of bees, colonies, or items of used bee equipment capable of carrying bee diseases, bee parasites or exotic strains of bees into, within or throughout the State. In carrying out the provisions of this Section or any quarantine, the Director may, at the expense of the owner, when an infestation, infection or nuisance is located, seize or abate bees, colonies, or items of used bee equipment. When the Director finds that there exist in any other state, territory, district, province or country bee diseases, bee parasites or exotic strains of bees, with respect to which the United States Secretary of Agriculture has not established a quarantine, and that the bee diseases, bee parasites or exotic strains of bees coming therefrom into this State are likely to convey such diseases, infestations or nuisances, the Director shall report such fact to the Governor. The Governor may thereupon, by proclamation, prohibit the transportation into this State of such bees, colonies, or items of used bee equipment except under such regulations as may be prescribed by the Department. Amended by P. A. 88-138, §1, eff. Jan. 1, 1994.

Section 3. Report

The Department shall, each July, make a report to the Governor and also to the Illinois State Beekeepers' Association, stating the number of apiaries visited, the number of those diseased and treated, and the number of colonies of bees abated. Amended by P. A. 88-138, §1, eff. Jan. 1, 1994.

Section 3a. Intergovernmental cooperation

The Director may cooperate with any other agency of this State or its subdivisions or with any agency of any other state or of the federal govemment for the purposes of carrying out the provisions of this Act and of securing uniformity of regulations. Added by P. A. 82-722, §1, eff. July 1, 1982.

Section 5. Rules and Regulations

The Director is authorized to promulgate rules and regulations for the enforcement and administration of this Act. Added by P. A. 82-722, §1, eff. July 1, 1982.

Section 6. Illinois Administrative Procedure Act.

The Illinois Administrative Procedure Act(1) and the Department of Agriculture administrative hearing rules shall apply to this Act. Added by P. A. 89-154, §5, eff. Jan. 1, 1996. (1) 5 ILCS 100/1-1 et seq.

Section 7. Administrative hearings and penalties.

When an administrative hearing is held, the hearing officer, upon determination of a violation of this Act or rules or regulations promulgated under it, may levy the following administrative monetary penalties: (1) $50 for failure to register annually with the Department. (2) $50 for failure to post registration number in the apiary. (3) $50 for transporting bees intrastate without a permit. (4) $100 for maintaining hives that cannot be readily inspected. (5) $100 for transporting bees interstate without a permit. (6) $500 for failure to abate colonies infected with bee diseases or exotic strains of bees. (7) $500 for violation of a quarantine. (8) $100 for any other violation of this Act. In the case of a second or subsequent violation within 3 years of the first offense, the penalty shall be doubled. Added by P.A. 89-154, §5, eff. Jan. 1, 1996.

Section 8. Investigation of applicants and registrants; notification of hearing; subpoenas.

(a) The Department may, upon its own motion, and shall, upon the verified complaint in writing of any person setting forth facts, investigate the actions of any applicant, registrant or any person who may be in violation of this Act. At least 10 days prior to the date set for hearing the Department shall notify in writing the person, hereinafter called the respondent, that on the date designated a hearing will be held to determine whether the respondent is in violation of the Act, and shall afford the respondent an opportunity to be heard in person or by counsel. Written notice shall be served personally on the respondent, or by certified mail, return receipt requested, sent to the respondent's business address as shown in his or her latest notification to the Department. (b) The Department, over the signature of the Director, may subpoena any persons in this State and take testimony orally, by deposition, or by exhibit, in the same manner and with the same fees and mileage as prescribed in judicial proceedings in civil cases. Added by P.A. 89-154, §5, eff. Jan. 1, 1996

Section 9. Administrative review.

All final administrative decisions of the Department are subject to judicial review under Article III of the Code of Civil Procedure(1). The term "administrative decision" has the meaning ascribed to that term in Section 3-101 of the Code of Civil Procedure(2). Proceedings for judicial review shall be commenced in the circuit court of any county permitted by Section 3-104 of the Code of Civil Procedure(3). Added by P.A. 89-154, §5, eff. Jan. 1, 1996. 1) 735 ILCS 5/3-101 et. seq. 2) 735 ILCS 5/3-101. 3) 735 ILCS 5/3-104.

Section
60.10 Definitions
60.20 Registration; Colony Identification
60.30 Inspection
60.40 Equipment
60.50 Diseased or Parasitized Colonies; Exotic Strains
60.60 Permits
60.70 Quarantine

AUTHORITY: Implementing and authorized by the Bees and Apiaries Act [510 ILCS 20]

SOURCE: Rules and Regulations Relating to the Bees and Apiaries Act, filed March 4, 1970, effective March 15, 1970; amended May 18, 1971, effective May 28, 1971; amended January 18, 1974, effective February 1, 1974; codified at 5 Ill. Reg. 10447; Part repealed, New Part adopted at 6 Ill. Reg. 7385, effective July 1, 1982; amended at 20 Ill. Reg. 2390,
effective January 25, 1996.

Section 60.10 Definitions

"Bee Parasites" means the parasitic bee mites, Varroa jacobsoni or Tropilaelaps clareae. "Exotic Strain of Bees" means any African or Africanized honey bees or any developed strain of bee not known to be present ordinarily in the State that may present a hazard to beekeeping and/or the public. "Infestation" means the presence of bee parasites or exotic strains of bees. "Moved (Movement, Move)" means shipped, offered for shipment to a common carrier, received for transportation or transported, moved or allowed to be moved, by any person by any means. Movement and move shall be construed accordingly. "Quarantine" means a circumstance in which bees, colonies, bee equipment or honey is restricted to the existing location, unless allowed to be moved or the honey extracted and removed under permit or compliance agreement with the Director. "Registration Certificate" means a certificate provided by the Department to a beekeeper upon acceptance of the application for registration. The certificate shall be numbered and show each beekeeper's name and mailing address. "Scientific Permit" means a document issued by the Department to allow the movement of regulated articles to a specified destination for scientific purposes. (Source: Amended at 20 Ill. Reg. 2390, effective January 25, 1996)

Section 60.20 Registration; Colony Identification

a) Any person acquiring ownership or possession of bees shall within ten (10) days of such acquisition file an application for registration with the Department. b) Any person moving bees into this State from another state or country shall within ten (10) days after arrival file an application for registration with the Department. c) Any person owning or possessing bees in the State shall during the month of November of each year file with the Department an application for registration to renew his or her current registration. d) Application for registration will be made on forms available from the Department. The registration information shall include: 1) The beekeeper's name, mailing address, county of residence, phone number and date. 2) The county name and exact location (such as township, section number, road number, street address, etc.) where the bees are kept. 3) The current number of colonies at each location. 4) The name of the landowner of each site where apiaries are maintained. e) The Department will issue to beekeepers a registration certificate after the Department receives the application. All registration certificates will remain valid unless cancelled by the Department when it is determined that a beekeeper is no longer keeping bees or at the registrant's request. f) All apiaries shall be identified. This identification shall consist of the State abbreviation "IL" followed by the beekeeper's Illinois registration number in weatherproof lettering not less than one-half inch in height. The number shall be displayed prominently on the front of a hive. g) All bees or colonies not registered with the Department shall be declared a nuisance. The beekeeper shall have 30 days in which to register. Failure to comply within 30 days will result in abatement of the nuisance. h) There shall be no registration fees. (Source: Amended at 20 Ill. Reg. 2390, effective January 25, 1996)

Section 60.30 Inspection

a) Every beekeeper shall when requested by the Department provide the location of all bees, colonies and bee equipment owned or in his or her possession. b) The Department may require that the beekeeper assist in locating and handling bees, colonies and bee equipment so that inspection may be properly performed. (Source: Amended at 20 Ill. Reg. 2390, effective January 25, 1996)

Section 60.40 Equipment

a) Any hive from which all frames or honeycomb cannot be readily removed for inspection including cross-comb hives or any hive in any situation where adequate or efficient inspection is difficult, impractical, or impossible is hereby declared a nuisance. b) When such a nuisance is declared, the colony owner and/or beekeeper shall be notified in writing via certified mail to cease the use of such hives. Compliance must be effected within 90 days from the receipt of the notice by the beekeeper. c) When the beekeeper has failed to comply within the 90 day period, the Department will issue a notice to the colony owner and/or beekeeper ordering the nuisance to be abated. The nuisance must be abated with 7 days from the date of receipt of the notice by the beekeeper. (Source: Amended at 20 Ill. Reg. 2390, effective January 25, 1996)

Section 60.50 Diseased or Parasitized Colonies; Exotic Strains

a) Any colony of bees within the State found to be infected with American foulbrood disease shall be abated. All combs, frames, honey and bees must be abated by burning in a pit at least 18 inches deep and then covering the ashes with at least 6 inches of soil. Hive bodies, supers, bottom boards, inner covers and outer covers can be salvaged by sanitizing with a scorching flame. b) Bees, colonies or items of bee equipment can be moved within or into the State if treatment for the control of bee parasites using United States Environmental Protection Agency approved substances has been initiated not more than 30 days prior to movement. c) No person shall possess exotic strains of bees within the State. Any colony within the State found to contain exotic strains of bees shall be abated. Colonies or package bees accepted from any area known to be infested with exotic strains of bees must be certified by the USDA or any state apiary inspection program as being European by using any USDA approved identification method. d) The regulation of bees or colonies in an Africanized honey bee area shall be in accordance with the European Honey Bee State Certification Procedure of the Model Honey Bee Certification Plan (November 20, 1991) as approved by the National Association of State Departments of Agriculture (1156-15th Street N.W., Suite 1020, Washington, DC 20005) and the United States Department of Agriculture Interagency Technical Working Group on the Africanized Honey Bee (Agricultural Research Service, National Program Staff, Beltsville, MD 20705). (e) Incorporations by reference do not include any amendments or editions beyond the date specified and may be viewed and/or copied at the Department's Springfield office. (Source: Amended at 20 Ill. Reg. 2390, effective January 25, 1996)

Section 60.60 Permits

a) No person shall move bees, colonies or used bee equipment from one county to another within the State, or into this State from any other state or country, without notifying the Department in person, in writing or by telephone at least ten days prior to such movement to allow issuance of a permit. b) The permit shall specify the following information: 1) Beekeeper's name and mailing address. 2) The apiary registration number as assigned or other unique identification codes and/or marks or similar information. 3) The origin of the bees or equipment being moved. 4) The number of colonies or nature of equipment being moved. 5) The destination of the bees or equipment being moved. 6) The date when movement will be made. 7) The date of treatment for bee parasites. c) A permit shall be issued if bees or equipment being moved from county to county or into the State of Illinois have been inspected within 90 days before the date of shipment. The person moving the bees or equipment into Illinois shall furnish to the Department an inspection certificate signed by an authorized inspector, entomologist, or other responsible official identifying all bee diseases and bee parasites and any controls that were implemented. (Source: Amended at 20 Ill. Reg. 2390, effective January 25, 1996)

Section 60.70 Quarantine

a) The area to be quarantined will be designated by commonly accepted and readily identifiable boundaries (i.e., counties). Boundaries shall be changed by the Director to include contiguous areas if it has been determined the harmful disease, parasite or exotic strain has spread into that area. b) A quarantine will include specific restrictions on or requirements for movement into, out of, or through the quarantine area. c) A quarantine will specify the articles to be regulated and, if required, those exempted. d) A quarantine will specify the measures to be undertaken to control or eradicate the harmful disease, parasite or exotic strain. e) The Director may stop, inspect and seize, destroy, or otherwise dispose or order disposal of regulated articles found in violation of a quarantine. f) If the Director determines that the harmful disease, parasite or exotic strain for which a quarantine has been implemented has been controlled or eradicated according to the Department's recommendation, he or she shall cancel a quarantine. (Source: Amended at 20 Ill. Reg. 2390, effective January 25, 1996)