[Buffalolick]

With apologies to Joel Salatin....

I've been reading over the Georgia Dept. of Ag. rules for licensing of beekeepers..which is necessary if you plan to legaly sell queens, packages or nucs in the state of Georgia and it seems that selling bees that are raised treatment free is not allowed. More over, it is illegal to import treatment free bees or queens from other states. More specificaly the law says bees and queens MUST be treated with fluvalinate or other pesticide registared with US EPA & Ga Dept. of Ag. for control of Varroa. My plan has been to stop treatment (which I have) and begin to raise survivor bees, offering nucs and queens starting in 2012. Which one do I have to change...the law or my business plan?

 

[WLC]

Wouldn't you be able to use botanicals?

You'll probably end up with two sets of hives. No-treatment hives for survivors, and treated (survivor) hives for sales.

 

[odfrank]

Look no further than the Mexican border to know that government is a very poor enforcer of it's laws. How could they enforce you treating? Buy a package,give away the contents and keep the packaging on your shop floor. Proof of treatment if someone asks which they won't.

 

[Buffalolick]

I agree that the laws are rarely enforced..but what happens the first time I cut into an established producers market...take a customer...I plan to advertise treatment free bees..then what?

 

[mythomane]

Welcome to Corporate America.

 

[Shazam]

What is the specific language.

Saying bees must be treated with approved pesticides can have two meanings.

a) You must treat the bees,
b) If you treat the bees you may only used approved chemicals.

Thus my request for wording.

You should also contact the state inspector to ask about actual regulations, as it is the regulations created based upon the laws that are most important to businesses.

 

[honeydreams]

Welcom to the Progressive state were they the progressive knows how better to live your life then you.

 

[devdog108]

Here is the link:
http://www.georgia.gov/vgn/images/portal/cit_1210/27/10/41530475PIPP Beekeeping_Regulations.pdf

Buf...i do not think it is required any more. Barnett is completely treatment free as well as H&L. Neither were shipped with Anything or treated. I am meeting Jeff tomorrow and I will find out what the deal is.....

 

[Buffalolick]

Yep..the regs seem to clearly state that the bees must be treated with fluvalinate or another pesticide registered by EPA for varroa. So I guess that means formic acid and Sucrose Octanoate Esters could be used but how does that fit into a treatment free program? Seems like most folks still consider those to be a "hard" treatment. Dev let me know what you find out. I don't want to put anybody on the states radar if these regs are still enforced. But silly rules have to be changed. The varroa cat is out of the bag. While I understand the intent of the law (to keep varroa from spreading), it is pretty much useless now as varroa is everywhere. I think the free market can decide if they want treated bees or not. Maybe the regs should require disclosure of treatments, but not require treatments.

 

[no1cowboy]

the bees must be treated with fluvalinate or another pesticide registered by EPA for varroa.

This statment reads to me, that If you treat your bees, the pesticide must be one registered by EPA.

 

[Buffalolick]

OK..Let me quote the entire section

40-4-1-.01 Licensing of Queen and Package Producers
(1) No person shall engage in the business of selling package bees, queens, or nuclei in the State of Georgia without a license issued by the Commissioner.

[then a bunch of legalese on how to get a license..blah blah blah...pay $ ..blah blah blah...inspections...blah blah blah]

40-4-1-.02 Queen and Package Certificates
(1) No licensee shall ship any package or queens unless they:
(a) are accompanied by a valid certificate issued by the Commissioner, certifying that the bees have been produced in an apiary which has been found apparently free of American and European Foulbrood, and other bee diseases; and (the and is CRUCIAL here)
(b) are treated at the time of shipment with queen tabs or package strips that contain fluvalinate, or with another pesticide registered by the US Environmental Protection Agency and the Georgia Department of Agriculture for controlling Varroa jacobsoni


To me that reads you must treat..no choice...if you produce legally salable bees in the state of Georgia. The same language applies to the section on bees produce out of state and shipped to Ga. To sell bees in the state you have to have a license, to have the licence you have to be inspected, to ship the bees you must attach a certificate, to get the certificate you have to treat. Unless the loop hole is that you can avoid "shipping" the bees and thereby avoid needing a certificate if the customer comes to your apiary to pick up the bees, then I don't see the state giving the producer a choice in the matter.

 

[Smoothy]

This statment reads to me, that If you treat your bees, the pesticide must be one registered by EPA.

Georgia Law states that if you sell queens or packages, they MUST be treated by an approved chemical. But first they want 25 bucks from you then you're subject to an inspection, oh yeah, did I mention 5 bucks for certificates to certify your bees disease free and 2 more bucks for every hundred certificates..............Do you see a pattern here? Bottom line is that government turns everything into a money making opportunity and covers it up with red tape. We all want healthy bees, but treatment with hard chemicals is not the way to do it. That's my opinion anyways.

 

[Shazam]

Okay. That's the regulations created by the Commissioner of Agriculture based on various Georgia Codes under 2-14. You can find the actual code here:

http://law.justia.com/georgia/codes/2/2-14.html

Nothing in George law states hives must be treated. In fact, the key code that these tie back to is:

2-14-41.
The Commissioner shall have full and plenary power to deal with the American and European foul brood, all other contagious and infectious honeybee diseases, Africanized bees, or any other threat to honeybees. He shall have full power and authority to make, promulgate, and enforce such rules, ordinances, and regulations and to do and perform such acts, through his agents or otherwise, as in his judgment may be necessary to curtail, eradicate, or prevent the introduction, spread, or dissemination of any and all contagious diseases, Africanized bees, or any other threat to honeybees. All such rules, ordinances, and regulations shall have the force and effect of law.

What it also means is that the commissioner can modify the regulations at his discretion or via his agents, in this case I presume Mr. Berry Smith, the Georgia Apiary Inspector. I'd contact Mr. Smith and discuss treatment free beekeeping and the growing market for such, which undoubtedly is something he will need to keep atop regardless.

 

[Countryboy]

produced in an apiary which has been found apparently free of American and European Foulbrood, and other bee diseases; and (the and is CRUCIAL here)

In legalese, the words "and" and "or" are usually interchangeable.

It should read that your apiary has to be found free of diseases, or you have to treat using certain approved methods.

Don't be afraid to read the legal definitions for that code section, and also read the actual law in force that code section is attached to.

 

[Countryboy]

Post deleted. Double post.

 

[Smoothy]

Nothing in Georgia law states hives must be treated.




You're absolutely right, but the law does state that queens and packages have to be treated before shipment.:no:

 

[Shazam]

Perhaps I'm missing it, under what state code is that required?

(Or are you referencing the regulations created by the Ag Commissioner based on the code?)

 

[mark c]

Purvis Brothers was operating from your state their whole plan was chemical treatment free. I think that you should be able to do it as well. You might want to contact Dann.

 

[Buffalolick]

Great advice on contacting the Apiary Inspector directly. Just sent him an email..will let you know what I find out. I did read some more on the laws and the fine for selling bees without a license cannot be more than $500 or 6 months in county jail. Not very toothy as far as penalties go. BTW the rules have the same force and effect of law so I suppose that it is OCGA 2-14-41 that requires it...a pretty fine legal hair to be splitting..the requirement to treat seems pretty clear to me.

 

[Smoothy]

Perhaps I'm missing it, under what state code is that required?

(Or are you referencing the regulations created by the Ag Commissioner based on the code?)

http://www.georgia.gov/vgn/images/po...egulations.pdf
This is the link(and the correct one) posted by devdog108 earlier in this thread. It is crystal clear to me anyways that YOU MUST TREAT before shipment. I don't know why this is so hard to get. Not to be disrespectful.