[wildbranch2007]

https://www.nysenate.gov/legislation/bills/2019/a8431

assembly bill


https://www.nysenate.gov/legislation/bills/2019/s6182


senate bill

my comments to my senator, feel free to comment to yours, mine is the sponsore:shhhh:

S173. 1. The AIAC committee is and has been dominated by the ESHPA, the commercial bee keepers should be from the ESHPA, the other positions should be filled with bee keepers from other clubs to get a better representation of the needs of the bee keeping community. The meetings should be announced at least one week before with the agenda and sent to all the clubs. currently unless you know some one who will tell you, no one knows when the meetings are or what is being discussed. It's an open meeting but there has never been a formal announcement of when the meetings are held. The meetings are recorded, other meetings make the recordings available, this committee should also. In the past I have had to file FOIL request to get the minutes that the members agree to release.

s 173-b The commissioner shall have access to all apiaries, structures, appliances or premises where bees or honey or comb used in apiaries maybe, ONLY IF THE INSPECTION OF THE HIVES SHOWS A DISEASE. I don't expect to give up my fourth amendment right for unlawful search and seizure.

s 173-c We were told at meetings where the commissioner spoke that the change in law was to help contain and American Foul brood outbreaks. this section doesn't do that.

a. bee keepers will provide the number of managed colonies and county where they are located and contact information. This will not help with American foul brood outbreaks, I am currently registered in Onondaga county, there was an outbreak of AFB this year, I was not notified. I would like notification on a town basis.

c. any business that intends to sell nucs etc. These inspections shall ascertain whether the operation is free from AFB AND WHETHER LEVELS OF OTHER INFECTIOUS DISEASES AND PARASITES RENDER THE NUCS UNFIT FOR SALE. add in to the law where on the ag and markets web site we can see the criteria and scientific justification for the levels so that we can make sure we can pass, we do not want any confusion to come into play when the inspection is done.

e. live bees into the state must be accompanied by a permit. What happens if the originating state doesn't do inspections. Some states do not inspect.

f. Many bees get shipped into the state that are not inspected. Trailer trucks coming in go through DOT inspection stations. Can the DOT match the load origin with the inspection documentation to insure they were actually inspected?

f. 2. d. since you only asked the county where the bees were, there is no way that you can determine the health threats within the flight range, unless you are going to require more information than you have specified in this bill.

S 174 5. there is no mention of the USDA or Beltsville in this part of the law, currently a sample must be sent to beltsville and AFB confirmed before the state can destroy the hives, why is it not in this bill?

s 175 9. If upon inspection a hive is found to exceed such tolerance levels, the Commissioner etc. again you can't put the tolerances in the bill but you can say where in the ags and markets web site the level's are stated and the scientific reasoning behind it.

not sure how to number this one but under the 3 gross sales c. you list all the product of the bees except the hives and nucs that may be sold?


Most bee keepers don't think that mandatory registration is needed or required, I would suggest that you look at the West Virginia law, they didn't make it mandatory but gave the small beekeepers a reason to register and every one seems to be very happy with their law and how it's working.

 

[NY Bee Wellness]

The main goal is to have the Bill tabled until 2021, if not later, so beekeepers can examine the Bill, and a consensus /improvement can be done. It should not be rushed through like it is now.

The Bill should remove any mandatory registration, as it is an absolute hot button (nuclear strength) in NY that will only cause unnecessary anger and tension. Peter Borst in the June ABJ writes about apiary programs in the USA; some states have good programs with voluntary registration; having mandatory registration in other states does not prevent high winter loss and AFB incidence. Forcing it on beekeepers isn't worth the battle and is non-productive.

Beekeepers should look at the Bill (senate & assembly versions are similar but different) and coordinate their comments with the numbered line(s) in the Bill, and discuss with their respective groups.


The Western NY Honey Producers did a straw poll at last Saturday's meeting to start the process to craft a resolution using the NOFA-NY resolution as a starting point. Their BOD will work on this. Individuals will contact their legislators and the Agriculture Committee Chairs in the Assembly and State Senate.

NYS Agriculture and Markets have NOT nor will NOT hold comment periods, nor communicate to NYS beekeepers the contents of the bill or how the bill was put together. This is important to the many beekeepers who have registered their hives voluntarily because NYS Ag & Markets claims they will notify beekeepers---this is untrue.

The bill should be tabled until 2021 or most likely 2022, by both sponsors of the bill, until better avenues of communication have been developed between NYS Ag & Markets and stakeholders- all the beekeepers of New York State.


See- freenybees.com

NOFA-NY Resolution
Senate version of bill
Sample letter for Senator Metzger (Ag Com. Chair)
Sample letter to Assemblywoman Lupardo (Ag Com. Chair)

 

[Cloverdale]

Agree, table it till NYS beekeepers know what Mandatory regulations state. Transparency is needed.

 

[JConnolly]

I believe I read somewhere that New York City has mandatory registration within the city. Is that correct?

I live in a state with mandatory registration, but there isn't any penalty provided if you fail to register. So its kinda like its mandatory that you volunteer to register. I actually like the idea, at least as its done here, but BUT BUT I agree that where it has not existed before it should be introduced only after a period of adequate public commentary, then a period of voluntary registration to iron out the kinks with a gradual phase in. Fact is, where a proactive program has probably not existed, most counties are probably not prepared to start providing inspection services. Not only do the beekeepers need to prepare, the county and city governments need time to prepare as well or it will be a fiasco. We've been doing it for years and unless you schedule and inspection months ahead of time they just don't have the time, and only will do an unscheduled inspection if you suspect foul brood and you ask them to come and verify it.

When foulbrood is found my state mails a notice to registered beekeepers who are nearby. The closest registered beekeepers get inspected when that happens. They can't provide that service to the scofflaw beekeepers. I was notified about one last spring but it was several miles away and well outside my fly radius.

An upside to this program is that the state law also gave beekeepers a bone, municipalities and municipal like entities (such as HOAs) cannot prohibit beehives if they are registered - they can regulate the number of colonies based on property size, but they can't ban registered hives.

 

[clyderoad]

The proposed Registration Program in NYS that is now in Agricultural Committee of both the Senate and Assembly:

"JUSTIFICATION:

Honeybees are critically important to the agricultural industry for the
pollination services that they provide. In recent years, the health of
managed pollinators has been challenged by parasites, infectious
diseases, habitat fragmentation and exposure to pesticides and other
materials present in the environment. American Foulbrood, one of the
most infectious diseases for honeybees, has been on the increase in
recent years. The biology of the bee and its ability to fly and forage
in a 3.5-mile radius or further requires the Department to closely moni-
tor the incidence of disease and have the ability to delimit disease and
parasite infestations.

Modern science has proven that the honeybee is an indicator species,
both for many native pollinators and other species. By monitoring honey-
bee health and addressing the disease and parasite issues within the
honeybee population, the Department is protecting the broader agricul-
tural industry and the environment.
Working cooperatively with beekeepers to share information on the
incidence of parasites and diseases at the county level will enhance the
Department's efforts to protect pollinator resources and will allow
individual beekeepers the ability to react to the disease and parasite
issues that may be in close proximity to their apiaries.

§ 173-c. Cooperative honeybee health improvement program. 1. In
10 support of the duties outlined in this article, as well as the goals and
11 objectives for pollinator protection; the commissioner shall create a
12 cooperative honeybee health improvement program which will require:
13 (a) All beekeepers shall provide to the commissioner the number of
14 managed colonies and the county in which each of these colonies is
15 located; and current contact information of the individual or individ-
16 uals responsible for the care of these bees. All beekeepers shall also
17 indicate whether they intend to sell nucleus colonies NUCS. This infor-
18 mation shall be updated and provided to the commissioner on an annual
19 basis.
20 (b) The department shall use this information to communicate the inci-
21 dence of infectious diseases and parasites at the county level to beek-
22 eepers and bee clubs and to notify beekeepers of the potential need for
23 the department to prohibit the movement or selling of diseased or
24 infested bees or require the destruction of such bees. The department
25 shall also use this information to establish the boundaries of disease
26 and parasite infestations in the area surrounding a confirmed disease or
27 parasite infestation.
28 (c) Any individual or business that intends to sell NUCS produced
29 within and offered for sale to other persons in New York must first have
30 an inspection of its apiaries, as authorized by section one hundred
31 seventy-three-b of this article, by the department which inspections
32 shall continue on an annual basis, so long as NUCS are offered for sale.
33 These inspections shall ascertain whether such beekeeper's apiaries are
34 free from American Foulbrood and whether levels of other infectious
35 diseases and parasites in the operation render the NUCS unfit for sale.
36 Any individual or business whose apiaries are found to be infested with
37 American Foulbrood, after laboratory confirmation, shall be prohibited
38 from selling NUCS for a period of one year, or until the apiaries are
39 inspected and laboratory results indicate they are found to be free from
40 American Foulbrood.
41 (d) No person shall knowingly transport, move, buy, sell, possess,
42 barter, offer for sale or barter, deliver, or offer for transportation
43 any species or subspecies of bees which have been determined by the
44 commissioner to cause injury, directly or indirectly, to the public
45 safety or to this state's managed bee population, crops, or other
46 plants; provided, however, that the commissioner may, at his or her
47 discretion, exempt the transportation, sale, possession, movement, or
48 delivery of such bees used for scientific or educational purposes under
49 such safeguards as deemed necessary by the commissioner.
50 (e) Every shipment of live bees in cages or packages without comb into
51 this state from another state or foreign country, shall be accompanied
52 by a permit issued by the commissioner, or by a certificate of freedom
53 from disease executed by an official of such state or foreign country
54 recognized by the commissioner.
55 (f) Every shipment of a colony of bees, used comb, used beekeeping
56 equipment, or live bees on comb into this state from another state or
A. 8431 4

1 foreign country, shall be accompanied by a permit issued by the commis-
2 sioner or by a certificate of freedom from diseases and parasitic organ-
3 isms adversely affecting bees and from species or subspecies of bees
4 which have been determined by the commissioner to cause injury directly
5 or indirectly, to the public safety or to the state's managed bee popu-
6 lation, crops, or other plants; and certifying that a proper inspection
7 was made not earlier than sixty days preceding the date of shipment.
8 Such certificate shall be executed by the certifying official of such
9 state or foreign country. A duplicate of such certificate must be
10 received by the department before any such shipment enters the state.
11 Every transportation company that knowingly receives such shipment shall
12 immediately notify the commissioner thereof, giving the name and address
13 of the consignor or consignee.

14 2. The goals of the cooperative honeybee health improvement program
15 shall be to:
16 (a) document the health of the state's managed pollinator population,
17 including the presence of parasites, diseases, and environmental threats
18 to the state's population of managed pollinators;
19 (b) provide information on honeybee health to beekeepers, stakeholders
20 and academia to inform research and best management practices related to
21 pollinator health;
22 (c) document the annual population of managed pollinators in each
23 county within New York state; and
24 (d) collect contact information for each beekeeper to allow for better
25 communication among the department and beekeepers relating to the inci-
26 dence of parasites, disease and other health threats that could be tran-
27 smitted within the flight range of managed pollinators.
28 3. There shall be no fee or other registration cost for participation
29 in the cooperative honeybee health improvement program.
30 4. A beekeeper required to submit information to the commissioner
31 pursuant to this section may request that such information be exempted
32 from disclosure pursuant to subdivision five of section eighty-nine of
33 the public officers law."

This entire Bill is the result of NYS Dept. of Ag & Mkts listening to NYS beekeepers at 4 public sessions held in the State last year. It is a bare bones bill that addresses most, if not all, of the concerns both voiced at those meetings as well as submitted by written word.

Calls for tabling such a simple, straight forward, bare bones Bill is nothing more than a stall tactic and a coordinated attempt at disrupting a rational process.

FYI, New York State currently has a voluntary beekeeper registration program: NY City (Health Dept. I believe) mandates that city beekeepers register themselves and their hives with the current voluntary NY State beekeeper registration program. The reality is that without the mandated City beekeepers registering with the State Dept. of Ag, hardly anyone bothers to do so voluntarily.

 

[BDT123]

So, not knowing what Machievallan things y’all are worried about, and knowing nothing about your political landscape, I’d like to offer up a couple observations from a continent and country away.
In Alberta we have mandatory registration of hives and ...mandatory property identification for each Apiary. Whoa!! Yep, for real.
There is no cost to register, either property or hives.
The Provincial Apiarist is responsible to monitor the registry. They are also responsible to perform inspections, unscheduled or requested.
I have no objections on any count for registration, and appreciate the diligence of the Provincial Apiarist.
We had an incursion of SHB last year (illegal importation of un-inspected packages) that resulted in Quarantine of a significant part of Alberta’s bee keeping territory up in the Peace country.
Miracle - it worked!
I’m afraid I don’t fully understand the objections to registration and regulation.
So far, I have only seen benefits.
Perhaps y’all could explain the real basis of the objections?
Is this philosophical, economic, or.....? Past experience?
I only wanted to say that registration seems to be totally benign here.
Just for reference, Alberta produces about half of Canadian honey production, we’re pretty good at this.
Best of luck to you,
Brian

 

[wildbranch2007]

The proposed Registration Program in NYS that is now in Agricultural Committee of both the Senate and Assembly:




24 (d) collect contact information for each beekeeper to allow for better
25 communication among the department and beekeepers relating to the inci-
26 dence of parasites, disease and other health threats that could be tran-
27 smitted within the flight range of managed pollinators.


This entire Bill is the result of NYS Dept. of Ag & Mkts listening to NYS beekeepers at 4 public sessions held in the State last year. It is a bare bones bill that addresses most, if not all, of the concerns both voiced at those meetings as well as submitted by written word.

Calls for tabling such a simple, straight forward, bare bones Bill is nothing more than a stall tactic and a coordinated attempt at disrupting a rational process.

if the bill would accomplish d. above I might agree with you, but the bill will not do that. knowing where the bee keeper lives and the county they have bees in, doesn't help identify what hives may be infected with an afb out break. The beekeepers in the three clubs around syracuse want the notification of an AFB problem to be conveyed to the clubs and have the town and the person that has the outbreak so they can take corrective action.

as to those 4 public hearings, #1 they were conducted during the week during the day when most of the beekeepers do have to go to work so only a handful of people that have a direct interest in funding that will result from this bill being at the meetings. If you look at the list of recommendation from the beekeepers that did attend the meetings and submitted very good ideas to be included in the bill, none of those ideas were included.

as to the inspection of nucs, I think that is a very good idea, IF they include in the bill what they consider as criteria for failure. leaving it to the discretion of the inspector is going right back to how the inspection service was run 15 years ago and why funding for inspectors was removed from the budget. The bill also lacks wording to insure that all nucs coming into the state even with "an inspections certificate" would have to be re-inspected to meet the criteria that NY now expects the nucs and packages to meet. I put this as unfair competition when my nucs have to meet a higher level of cleanliness than my competition.

as to asking that the small beekeepers have input into the bill as being a stall tactic, I say bull feathers, the small beeks would like to be heard b4 this becomes law, I also love the fact that only the Empire state honey producers where allowed to provide input, when this was the same bunch that got the last registration law repealed, what has change that you now want to put in an even worse bill?

 

[Cloverdale]

Brian said “ We had an incursion of SHB last year (illegal importation of un-inspected packages) that resulted in Quarantine of a significant part of Alberta’s bee keeping territory up in the Peace country. ”

That is my fear as well EVEN THOUGH nucs and packages from migratory beeks are inspected; not very well it seems. The percentage of hobbyists to Commercials is big, with hobbyists the majority. Remember when old black frames were to be cycled out and replaced with new? Where do you think those old black frames went? Right into nucs that were being sold to hobbyists who didn’t know any better. Our location in NYS should not have SHB, yet they are all around us from what I hear from other beeks. There are pluses and minuses to this, but I believe ethics is involved with this, too. And you can’t “regulate” a persons ethical character.