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or who is responsible for this?, so much for transparency with this "group"; looking for more power? Another one of those "eleventh hour" attempts?
Where was this discussed?, at bee meetings or behind closed doors as usual?

http://assembly.state.ny.us/leg/?default_fld=&bn=S07453&term=2013&Summary=Y&Actions=Y&Text=Y&Votes=Y

7453

I N S E N A T E

May 15, 2014
___________

Introduced by Sen. GIPSON -- read twice and ordered printed, and when
printed to be committed to the Committee on Agriculture

AN ACT to amend the agriculture and markets law, in relation to bee
diseases

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

1 Section 1. This act shall be known and may be cited as the "honeybee
2 infectious disease verification and eradication (HIVE) act".
3 S 2. Section 174 of the agriculture and markets law is amended by
4 adding a new subdivision 10 to read as follows:
5 10. ANY PERSON WHO OWNS BEES OR HIVES KNOWN OR DETERMINED BY THE
6 COMMISSIONER TO BE INFESTED WITH, OR EXPOSED TO, CONTAGIOUS OR INFEC-
7 TIOUS DISEASES SHALL CAUSE SUCH SAMPLES OF SUCH BEES OR HIVES TO BE
8 PLACED IN A SEALED CONTAINER TO BE HELD FOR COLLECTION BY THE COMMIS-
9 SIONER OR HIS OR HER DULY AUTHORIZED REPRESENTATIVES. THE COMMISSIONER
10 OR HIS OR HER DULY AUTHORIZED REPRESENTATIVES SHALL COLLECT SUCH SAMPLES
11 FOR THE PURPOSE OF TESTING, ANALYSIS AND RECORD-KEEPING. THE COMMIS-
12 SIONER SHALL MAINTAIN DATA ON, AS A MINIMUM, THE FOLLOWING:
13 (A) THE DATE SUCH SAMPLES WERE ACQUIRED;
14 (B) THE LOCATION FROM WHICH SUCH SAMPLES WERE ACQUIRED;
15 (C) THE ORIGIN OF THE HIVE FROM WHICH SUCH SAMPLES DERIVE AND ALL
16 LOCATIONS OF SUCH HIVE WITHIN THE LAST FIVE YEARS;
17 (D) THE CHAIN OF CUSTODY THE HIVE FROM WHICH SUCH SAMPLES DERIVE;
18 (E) THE TYPE OF DISEASE OR DISEASES IDENTIFIED IN THE SAMPLES;
19 (F) THE NAME AND CONTACT INFORMATION OF THE PERSON OR BUSINESS THAT
20 SUPPLIED SUCH SAMPLES; AND
21 (G) ANY FURTHER INFORMATION DEEMED NECESSARY BY THE APIARY INDUSTRY
22 ADVISORY COMMITTEE AND/OR THE COMMISSIONER TO ASSESS THE HEALTH OF THE
23 WILD AND CAPTIVE HONEY BEE POPULATIONS IN THE STATE.
24 S 3. Section 169-d of the agriculture and markets law is amended by
25 adding a new subdivision 5 to read as follows:
26 5. THE ADVISORY COMMITTEE SHALL PREPARE A REPORT ON THE WILD AND
27 CAPTIVE HONEY BEE POPULATION IN THE STATE. SUCH REPORT SHALL ADDRESS NO
28 FEWER THAN THE FOLLOWING ISSUES RELATED TO SUCH BEE POPULATIONS:

EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15176-02-4
S. 7453 2

1 (A) THE ESTIMATED TOTAL HONEY BEE POPULATION;
2 (B) SEASONAL BEHAVIOR OF BEES;
3 (C) MOVEMENTS OF HIVES;
4 (D) ANY CAUSES OF DISRUPTION IN HONEY BEE POPULATIONS;
5 (E) DATA MAINTAINED AND RESULTS OF TESTS PERFORMED PURSUANT TO SUBDI-
6 VISION TEN OF SECTION ONE HUNDRED SEVENTY-FOUR OF THIS CHAPTER;
7 (F) AGRICULTURAL, RECREATIONAL, AND OTHER USES OF THE HONEY BEE POPU-
8 LATION;
9 (G) ECONOMIC VALUE AND IMPACT OF THE HONEY BEE POPULATION;
10 (H) THE IMPACT TO THE AGRICULTURE INDUSTRY THAT RESULTS FROM A SIGNIF-
11 ICANT DECREASE IN THE HONEY BEE POPULATION; AND
12 (I) ANY OTHER ISSUES AS DETERMINED BY THE COMMISSIONER.
13 IN ADDITION TO THESE ISSUES, THE REPORT SHALL ALSO INCLUDE, AS A MINI-
14 MUM, THE FOLLOWING:
15 (I) A DISCUSSION OF THE IMPACTS AND CAUSES OF DISEASES AND WAYS TO
16 ALLEVIATE THEM;
17 (II) THE IMPACT OF CHEMICALS SUCH AS PESTICIDES AND HERBICIDES, INDUS-
18 TRIAL EMISSIONS AND AIR QUALITY ON BEES;
19 (III) RECOMMENDATIONS FOR FURTHER STUDY AND POLICY OPTIONS TO PROTECT
20 HONEY BEE POPULATIONS.
21 SUCH REPORT SHALL BE COMPLETED NO LATER THAN ONE YEAR AFTER THE EFFEC-
22 TIVE DATE OF THIS SUBDIVISION AND SHALL BE UPDATED EVERY FIVE YEARS
23 THEREAFTER. SUCH REPORT SHALL BE MAINTAINED ON THE WEBSITE OF THE
24 DEPARTMENT AND DELIVERED TO THE GOVERNOR, THE PRESIDENT OF THE SENATE
25 AND SPEAKER OF THE ASSEMBLY.
26 S 4. This act shall take effect immediately.
 

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Interesting. I wonder if this will be on the Agenda tomorrow at the Apiary Industry Advisory Committee Meeting. Much of this Bill is what is already in the NYS Bee Laws as far as Apiary Inspection and the control of Diseases and Pests of Honeybees is concerned.
 

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or who is responsible for this?, so much for transparency with this "group"; looking for more power? Another one of those "eleventh hour" attempts?
Where was this discussed?, at bee meetings or behind closed doors as usual?
I don't know.
I don't know.
Could be.
I don't know. Not at any bee meeting I ever attended.

Since Coffee__Bee can't receive PMs I'll ask him here, how did you happen to come across this?
 

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Just wondering who these advisory committee members are and their present involvement in bees in NYS if they are advising the State on bee matters?
Do any of the advisory committee members still keep bees for honey production or bee sales of any consequence or are they resting on their laurels and the accomplishments of others they had the fortune to follow.
 

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clyde,
If you would check eshpa.org, the website of the Empire State Honey Producers Association, Inc., and look for the 2014 Newsletter you would find an article by NYS Apiculturalist Paul Cappy about the AIAC listing the committee members by name and their status as beekeepers from Small Scale (aka Hobbyist) to Sideliner to Commercial and from which parts of the State they hail.
 

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Sorry about that. I hope you weren't scared off from reading the rest of the newsletter.
 

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for any that are interested Mark told me a few days ago the Apiary Industry Advisory Committee will be meeting at the state fair arts and home center today at 10:30-3:00.
you can't talk but can listen.
 

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or who is responsible for this?, so much for transparency with this "group"; looking for more power? Another one of those "eleventh hour" attempts?
Where was this discussed?, at bee meetings or behind closed doors as usual?


5 10. ANY PERSON WHO OWNS BEES OR HIVES KNOWN OR DETERMINED BY THE
6 COMMISSIONER TO BE INFESTED WITH, OR EXPOSED TO, CONTAGIOUS OR INFEC-
7 TIOUS DISEASES SHALL CAUSE SUCH SAMPLES OF SUCH BEES OR HIVES TO BE
8 PLACED IN A SEALED CONTAINER TO BE HELD FOR COLLECTION BY THE COMMIS-
9 SIONER OR HIS OR HER DULY AUTHORIZED REPRESENTATIVES. THE COMMISSIONER
10 OR HIS OR HER DULY AUTHORIZED REPRESENTATIVES SHALL COLLECT SUCH SAMPLES
11 FOR THE PURPOSE OF TESTING, ANALYSIS AND RECORD-KEEPING. THE COMMIS-
12 SIONER SHALL MAINTAIN DATA ON, AS A MINIMUM, THE FOLLOWING:



21 (G) ANY FURTHER INFORMATION DEEMED NECESSARY BY THE APIARY INDUSTRY
22 ADVISORY COMMITTEE AND/OR THE COMMISSIONER TO ASSESS THE HEALTH OF THE
23 WILD AND CAPTIVE HONEY BEE POPULATIONS IN THE STATE.
items 5-12 would in my interpretation only be applicable to all the commercial operations that come into or exist in New York as they are the only ones that are inspected.

items 21-23 would put the foxes in charge of the hen house in my humble opinion. but we are all used to that.
 

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wild>> i read 5-12 as the precursor of a reporting system.
could be anonymous at that.
a report that claims infection in an operation, large or small, would trigger the rest of the legislation.
good luck with that if someone is reported erroneously, or as retribution.
 

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This was brought to the attention of the AIAC today and no one seemed to know anything about it and some were surprised and entertained by some parts of the Bill language. It was pointed out that today was the last day that the State Legislature was in session, which was why the Ag&Mkts Commissioner wasn't present, which was one of the reasons I traveled the 4 hours to be there.

clyde, w/out some actual evidence, like a nuc w/ AFB purchased from some, Apiary Inspectors aren't likely to be sent out at every report of a disease problem. Not enough budget to verify anonymous reports claiming disease infection. I don't recall very many times, if any, when there were 18 Inspectors when I got told to go check someone's hives because of a report by another beekeeper. Not saying it never happened, but I don't recall being involved in all of my 20 years.

There was a case I heard of wherein an individual apparently was harboring infected equipment. I don't know who handled that. And another case wherein a Southern Tier Bee Club experienced a spike in AFB cases and requested an operation be checked out as a source, which turned out to be heavily infected. As was discussed here on beesource a while ago.

Today there are two Apiary Inspectors mostly paying attention to commercial migratory beekeeping operations.
 

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thanks sqkcrk.

This legislation doesn't seem to have been passed to further our knowledge regarding bees in NYS but rather an attempt to empower
a group who may not have the general welfare of bees in NYS as their primary motivation.

From Ohio Apiary Law:

Section 909.03 Control and eradication of serious diseases.
Maybe more importantly,
Section 909.06 State apiarist and deputy state apiarists.
The director of agriculture shall appoint a competent entomologist as state apiarist and such number of deputy state apiarists as are necessary to carry out sections 909.01 to 909.18, inclusive, of the Revised Code. Said state apiarist and deputy state apiarists shall be vested with powers of police officers in the enforcement of such sections, and shall be furnished with official badges or other insignia of authority which shall be carried while on duty.

No advisory committee with legislated power mentioned at all.

I hope some Ohio beekeepers will enlighten me as to how their apiary laws, director of agriculture and state entomologist are serving their needs for information regarding the state of bees in Ohio.

Heck, they (Ohio) have been able to generate a value of bees to Ohio agriculture report.
Something this new NYS legislation is hoping to achieve:
(F) AGRICULTURAL, RECREATIONAL, AND OTHER USES OF THE HONEY BEE POPU-
8 LATION;
9 (G) ECONOMIC VALUE AND IMPACT OF THE HONEY BEE POPULATION;
10 (H) THE IMPACT TO THE AGRICULTURE INDUSTRY THAT RESULTS FROM A SIGNIF-
11 ICANT DECREASE IN THE HONEY BEE POPULATION; AND
12 (I) ANY OTHER ISSUES

As much I would like to believe otherwise, this is just bad legislation, and very questionable .
 

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Hopefully to die where it is. The Commissioner of Agriculture in NYS already has authority to do all that is necessary to maintain an Apiary Inspection Program, but there was a $250,000.00 or greater Ag&Mkts budget cut, during the Pataki Administration if I recall correctly, and the Apiary Inspection portion of the budget contributed a major part to that cut. At the time, I believe, $250,000.00 covered the salaries (and benefits?) of all of the then seasonally employed Apiary Inspectors. That didn't include their travel expenses, meals and lodging.

The value of bees to NY is known as well as such a thing can be known. A figure of something like $3,000,000,000.00 added value to NY crops was spoken of at yesterday's AIAC Mtng. And an additional 3,000,000 lbs of honey.

The Apiary Industry Advisory Committee is an advisory committee. It has no actual authority to do anything beyond that which the Commissioner of Ag requests of it, which is to answer his questions and inform him. I imagine that is a simple and nieve way of looking at things, but that's how I see the AIAC. (I know that there is more to it, what w/ the back story and all. but that is too much for me to wrap my limited intellect around.) The AIAC serves at the behest of the Commissioner. The Commissioner can take its advice or not. The "power" that the AIAC has is that the members are the ones informing the Commissioner on the State of Commercial Beekeeping and Commercial Beekeepers in NYS.
 

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Is it Dead?
These things never die. It looks like an attempt by a certain faction to consolidate power and influence the state government. The Apiary Advisory Board is a self-appointed self-serving group that does not represent beekeepers of New York State as a whole. They make no attempt to reach out to local groups nor do they invite participation nor input. They have no one on board with the aptitude to write a report about the "state of bees in NY". Any report they did write would surely emphasize the need to spend taxpayers money (our money) on their pet projects, which have mainly to do with subsidies and the search for proof that pesticides are killing their bees. These issues are being handled adequately by the federal government and any work done by the state of NY or its agencies would be redundant and in my opinion, ineffective.
 

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do you know the genesis of this Bill? Actual, not supposition? I can't imagine Farm Bureau is/was unaware of this Bill. Who built it and why? Where do I go to find the answers?
No, I don't. But I find it appalling that this sort of thing was done without consulting you, the President of ESHPA. That to me is proof that they don't want outside input and the thing has a bad motive. I would contact the bill's sponsor, the AIAC, and the Farm Bureau and ask them point blank why you are not being included in the process.
 

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I hope some Ohio beekeepers will enlighten me as to how their apiary laws, director of agriculture and state entomologist are serving their needs for information regarding the state of bees in Ohio.
I can't speak to all of those points, but can share my own limited experience.

Barb Bloetscher is the State Apiarist in Ohio. She crisscrosses the state to attend club meetings, including the meeting that I regularly attend. In her recent talk the topic was identification and treatment of pests and diseases. As part of the talk, she was able to share information about locations in the state where recent examples of each disease have been identified. She was also able to provide a 'heads up' for issues that have the possibility of becoming problems in our specific area, and how to manage colonies in ways that might minimize or prevent widespread occurrence. So, her office has a good working knowledge of the current state of affairs, at least to the extent possible, and shares that information widely. She did not share details of whether there was any legally allowed action taken in order to address any serious issues, like a point source for AFB in an unregistered apiary. I would imagine that such action is sometimes required.

This overall knowledge and the ability of the office to enforce existing laws is, I think, is only possible when the office is proactive and accessible. That, in turn, depends on who is holding the office. Bloetscher's talk concluded with a segment on how to contact her office (including how to avoid the phone tree) and how/when to obtain laboratory tests at the state and national level. It was clear in the presentation that the focus of the State Apiarist office is on service and education.
 

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I have sent e-mails to several people who aught to know something about this Bill, especially Senator Gipson who sponsored it. I will let you know what I find out.
 
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