That's kinda redundant. If I operate in "good faith and a reasonable manner" were is a lawsuit going to come from to begin with? If I have a beehive in an area that somebody may come into contact with it and they get stung I would not be exempt from a lawsuit because the term "reasonable" can imply that if somebody is able to gain access to my hive, I kept it in an unreasonable manner.

Basically they passed a law to require beekeepers to register their hives with the state... and then threw in a useless clause to gain more support for it.

I don't have any issue with bee yards having to be registered as long as it has no impact on my ability to collect feral colonies.

 

All apiary certificates of registration expire on December 31, of each year and must be renewed annually.

Oh yeah a "real nice bee law". And the fee for registration? If there is none now you can be sure there will be in the future; after all the good people of Virginia should not have to bare the expense of regulating a small group of individuals hobby. If you fail to re register, where did you beehives go? Who did you sell them to? Their name and address? How many do you have now?
Kinda reminds me of the written long term plan to eliminate guns. Free and easy registration of everything to get a handle on who has them and then tighten the paperwork, increase the penalties and increase the cost.

 

And the fee for registration? If there is none now you can be sure there will be in the future; after all the good people of Virginia should not have to bare the expense of regulating a small group of individuals hobby.

As far as I can tell this law will not effect Virginia at all

 

Yes, we got rid of those 'over the mountain' nuts over 150 years ago.

 

Sounds like big brother thinking he has to regulate everything, in everyone's life. I'm not interested in that. Of course, I'm another one of those rebellious Texans.

 

You might want to take a look at your states bee codes. They are quite lengthy.
http://tais.tamu.edu/

 

A friend of mine, that lives in WV, said they lost a LOT of hives this year. I wonder if the loss had anything to do with the govt' trying to get involved with beekeeping.

 

I wonder if the loss had anything to do with the govt' trying to get involved with beekeeping.

Let us know exactly what "big brother" did to his bees if and when you find out.

Maine has a hive regulation law and it costs $2.00 total to register up to 5 or 6 hives. For that the beekeeper gets the expertise of one of the most knowledgable and helpful beekeepers around. Worth every penny and then some simply for the two talks he gives at our local bee association every year.

For my two bucks, I'll accept that help if I need it and the knowledge he passes along. Or I could live my life with anti-government "big-brother" paranoia about what they "might" really have in mind for me and my bees.

Wayne

 

Many states have apiary registration laws. It isn't that uncommon. Some states even require yearly inspections.

 

We've had fee based hive registration here for
as long as I can remember. Cheap insurance against
pesticide.

All pesticide applicators (air and ground) are responsible
to know where the registered yards are, and are liable
for damages should they kill any bees.

 

Our government isn't interested in "controlling" our bee hives, and certainly not in taking "everything you have."

Tired old big-brother arguments that probably belong in the tailgater forums.

Wayne

 

I think they want our bees to secretly train them into an elite bomb sniffing fighting force. Maybe CCD is what happens to the bee hives that don't submit

 

Today the swine flu (heard the latest?) next season.......BEE FLU.... OMG we're all going to die !

 

someone p.m'd me offlist and said that what I had found was not the final bill but before the senate modified it and that the language in the final bill seems to make it harder for someone to sue you and give details of the rules to follow. if anyone has the final bill could they post the adress to it

 

There are a lot of laws in place, with no funds for enforcement. So, they were a total waste of time to establish. We have a state apiary inspector. That's right ONE, for the whole state of Texas, that is 860 miles across. How is he suppose to monitor what goes on? They have a hard enough time, just trying to monitor livestock movements in and out of the state. They can't even monitor the Interstate hiways going in and out of the state, 1 day a week! I'm not paranoid about big brother, I just believe you need to learn to be self sufficient, and not rely on my tax money to teach you how to take care of your bees. Nor do I want him telling me how to do it, either.

 

I just believe you need to learn to be self sufficient, and not rely on my tax money to teach you how to take care of your bees. Nor do I want him telling me how to do it, either.

Amen to that. NY State had voluntary registration of hives for something like 50 years until busybodies in Albany decided that it should be mandatory so they sneaked that law through. But low and behold, after two years of hard work and budget shortfalls, looks like we are going to get it repealed!

 

I like how they do things in Texas
Part time state government? State income tax against the constitution?
Nevermind tracking the beehives, track those folks sneaking in over the border!

Sorry Barry - I know we're way off base here!t:

 

I have no problem what so ever with our hive registration process. Regeristing your hive isn't big brother watching you. The benefits are really nice. There is a story of a guy north of here. He kept bees and had somewhere around 8 I think. So one year his neighbor starts noticing little brown specs on his car. The neighbor got tired of it and had it tested. Turned out that it was bee poop. Well the neighbor didnt want the bees pooping on his car. :lpf: Long story short the beek didn't have his hives registered and had to move his hives! This could have been prevented if he paid the 5 bucks by june the 1st.

I pay 5 dollars for one of the most knowledgable beeks I know to come to my house and look thru my hives. I am lucky I am even in county that has a bee inspector. The inspector program was sharply cut last year and we lost a bunch.

So those of you wining (and some other words)...please just stop. The goverment won't take over your hives.

 

This is very interresting. I'm in Tennessee and we already have to register our hives, but we get no liability suit protection in our laws that I am aware of. I think that part of this law is great and I'm going to start lobbying my state's officials to adopt a similar law.

 

OK. But why do you have to register your hives? I don't want to have to register anything, because the next thing that follows is a tax on everything you register. Think about everything that is registered, and if it has a tax on it. I'm only 52, but in that short time, I have never heard of one law suit involving someone getting stung by bees. I'm sure there have been some, but I have never heard of any. Protection from these lawsuits, should have been included in the 2008 Farm Protection Act, but I don't think that was part of it.

 

There already is a tax on it here in TN... I don't know about WV... but here in TN we do have to pay $5 to register... which is a tax even though it's called a fee.

Anyway, regardless, they had to do that before this law so this law isn't about that, it's only change is in regard to the liability protection for the beekeepers.

As far as how many have been sued, I know of at least one that lost a major suit down in TX as I recall... from a sting that occurred several hundred feet away from his hives and might not have even been a honey bee at all, but the beekeeper lost anyway. Stings aren't the only thing people could sue a beekeeper over anyway... but this law gives the beekeeper near-immunity from any beekeeping-related lawsuit as long as the beekeeper is not acting maliciously... thus it could save beekeepers there a bundle because they wouldn't have to carry any kind of liability insurance or have to worry about being sued and losing everything from some bee-hating sue-happy jerk.

I agree that similar protection should have been put in the farm protection act... but you're right that it wasn't... beekeepers need a better industry lobby group.

 

TN: Beeks can be certified to inspect apiaries

I live in TN and don't remember paying any $5 fee for registration. But like Texas and a few other states 1 State Apiariast is 1 too few. TN is a long state. Takes a day to drive from Memphis to the Northeast corner of the state.

TN does have a program where beeks can be certified as "bee inspectors". They have another certification program but I can't think of what it's about at the moment. The program is 8 hours long and given by Mike Studer.

As a certified bee inspector you can inspect other beeks' apiaries upon request. Usually this is when a beek wants to move hives. Mainly when used for pollination or wanting to move bees out of state. The certified bee inspector can also inspect his or her colonies if wanting to move the hives with one caveat. A certified bee inspector cannot inspect their own hives for out-of-state moves. Which I think is a good policy.

He is giving a certification class limited to 8 beeks in 2 weeks in Murfreesboro, TN. I will be attending that class. It's a class that will help me and other beeks in several ways. Mike can't be every where (he was in E. TN this week).

1: So I (and others) can assist in the workload so that beeks don't have to wait for any long periods of time before moving hives or entire apiaries.

2: For me personally I will be more knowledgeable about bee diseases and therefor more cognizant of what I am looking at when doing cutouts/trapouts/swarm retrievals. Hopefully I can ensure that I never bring a hive back to any of my apiaries that are diseased and infect my other hives.

I don't think their is any compensation for doing the certifications, which is okay by me. I just want to be knowledgeable and be helpful to other beeks in the area who need assistance.

Perhaps some of the other states have something similar. You might want to contact the state Apiarist and find out.

 

I operate within the law in my occupation daily. I have had an courses and workshops with attorneys.

Define:

Good Faith
Reasonable Manner
Best management practices

The last one, "best management practices" is where the lawyers will earn their money and file suit. Best management practices according to which apiary and which commercial outfit. Best practices according to whom?

 

Define:

Good Faith
Reasonable Manner
Best management practices

All of the above, defines as managing your bees, in a manner that would normally prevent them from being a nuisance.

 

found the final version

url doesn't work go to original url and under other version go to the right to final bill will give text of final bill

im not a lawyer but this section seems to me to be clear enough, if you follow there rules you can't be sued.

(3)operates the apiary in a reasonable manner and in conformance with the West Virginia Department of Agriculture's written best management practices provided by rule, is not liable for any personal injury or property damage that occurs in connection with the keeping and maintaining of bees, bee equipment, queen breeding equipment, apiaries and appliances. The limitation of liability established by this section does not apply to intentional tortious conduct or acts or omissions constituting gross negligence.


I'm not sure what the appliances are, I don't provide my bees with microwaves or refrigerators?

 

(3)operates the apiary in a reasonable manner and in conformance with the West Virginia Department of Agriculture's written best management practices

Best Management Practices are guidelines usually written by the regulatory body. Here in Kentucky we have logging BMPs and they address mostly water run off from sites and what has to be done on a logging operation to prevent it. Loggers are certified and if you violate the BMPs you loose your certification to log. Looks like WV went a different route and instead of loosing a certification you loose liability protection.

Basically if somebody has a reason to file a lawsuit you probably are not going to be protected.

I would not mind having an apiary registration here as well. The fees could help pay for more inspectors and would benefit all of us.

 

By the same mindset, farmers should have to register all their fields, as the pollen might cause someone to have an allergy attack. All of this just amounts to more government and more taxes. I'm for less government and less taxes. They could have framed the same law, without requiring registration., by just recognizing that people with apiaries managed in a prudent and faithful manner, were protected from lawsuits.

 

Currently it is nearly impossible to get a yard inspection around here because our state inspector is so busy. If we had revenue to pay for additional inspectors it would make our lives much easier when it comes to selling queens and nucs.

 

Therein lies your problem, WHY do you need someone to inspect your bees?

If you're so interested in having someone look at them and advise you then hire someone to come look and pay out of your own pocket.

Surely if you feel there is value in it then YOU should be willing to pay the entire fee out of your own pocket right?

Why should taxpayers have to pay for some service you WANT?

 

If you're so interested in having someone look at them and advise you then hire someone to come look and pay out of your own pocket.

Exactly! If you want to have a bee inspector simply because you don't know what to do, take a bee class, read books or seek out and pay a more knowledgeable beekeeper to come advise you. An education cost, but pay for your own education.

 

Why would the tax payer have to pay? If we register hives and pay a fee yearly than I am paying for the inspection of them.

If I could get paid as a layman to inspect colonies I would be doing it But what purpose would that serve? If I sell queens and nucs out of state my yards have to be certified or my customers are going to go somewhere else. Depending on what state I ship them to I may also be liable for any diseases that are spread because my colonies were not certified.

Actually your states application for apiary registration summarizes the benefits quite nicely. http://www.nh.gov/agric/divisions/plant_industry/documents/beeapp.pdf

 

Why would the tax payer have to pay? If we register hives and pay a fee yearly than I am paying for the inspection of them.

If I could get paid as a layman to inspect colonies I would be doing it But what purpose would that serve? If I sell queens and nucs out of state my yards have to be certified or my customers are going to go somewhere else. Depending on what state I ship them to I may also be liable for any diseases that are spread because my colonies were not certified.

I think you're missing the point.

What do you think the cost including benefits is to employ a single inspector? I can assure you that its certainly above 50k per year and probably closer to 70k.

Do you think there are enough colonies in the state to cover the cost? Probably not, but on TOP of that you are ignoring the fact that you are expecting taxpayers (Beeks or Otherwise) to subsidize your need for certification in order for your business to ship out of state.

Your business costs are not your neighbors responsibility...they are YOURS and as such YOUR business should cover those costs 100%

Actually your states application for apiary registration summarizes the benefits quite nicely. http://www.nh.gov/agric/divisions/plant_industry/documents/beeapp.pdf

You failed to notice that registration in NH is VOLUNTARY and that there is a fee for inspection....IF you CHOOSE to request it.

The Voluntary component is good but the fact that NH Taxpayers have to subsidize an inspector is a complete waste of money. What they SHOULD do is offer a list of standards and privatize the service.....allow someone to be licensed BY the state to perform these inspections.....its really no different than having your car inspected by a private shop who certifies it on behalf of the state.

 

Florida requires apiary registration for all beehives. It is not much and like previously mentioned the inspector is a great resource. The only enforcement is AFB control. If the bees violate a local ordinance, community code or anything else the inspector is only their for the beekeeper. Usually he has to run for his van and lock the door so he can get to the next appointment. Put your spouse between the inspector and his van if you want to control when the visit ends. I have the links at http://americasbeekeeper.com/Florida_Beekeeper_Registration.htm

 

Washington state requires your hives to be registed 1-5 hives 5.00 dollars 6-10 hives 10.dollars so on and so forth and what does a law abiding citizen get from paying the fee? Jack diddly squat! There is no State bee inspector no ag extention for help. its a waste money I met a sidliner that sent in a letter to the ag dept saying all my orginal bees have died over the last year:lpf:.
they no longer ask for his money.