80-6-101. Definitions. Unless the context requires otherwise, in this chapter, the following definitions apply:

(1) "Apiary" means a location where one or more colonies of bees are kept or one or more hives containing honeycombs or bee combs are kept.

(2) "Bee diseases" means a disease or abnormal condition of egg, larval, pupal, or adult stages of bees. Specific bee diseases that are subject to regulation under parts 1 through 3 of this chapter must be designated by department rule.

(3) "Bees" means any stage Apis mellifera and all European subspecies.

(4) "Colony" means the bees and the hive and all equipment used in connection with that hive.

(5) "Department" means the department of agriculture, provided for in 2-15-3001.

(6) "Equipment" means hives, supers, frames, veils, gloves, or any apparatus, tools, machines, or other devices used in the handling and manipulation of bees, honey, wax, and hives. The term includes containers of honey and wax used in an apiary or in transporting bees and their products and includes apiary supplies.

(7) "Family unit" means two or more persons living together or residing in the same dwelling, house, or other place of residence.

(8) "General apiary site" means an apiary site other than a pollination apiary site, landowner apiary site, or hobbyist apiary site.

(9) "Hive" means a frame hive, box hive, box, barrel, log gum, skep, or other receptacle or container or a part of a container, natural or artificial, used as a domicile for bees.

(10) "Hobbyist apiary site" means an apiary site registered by a hobbyist beekeeper.

(11) "Hobbyist beekeeper" means a person who owns a total of no more than five hives.

(12) (a) "Landowner" means the person who has the use and exclusive possession of the land upon which the apiary is to be registered.

(b) The term does not include a person leasing or renting land for the primary purpose of locating or establishing an apiary.

(13) "Landowner apiary site" means an apiary site registered by a landowner.

(14) "Persons" means individuals, associations, partnerships, or corporations.

(15) "Pest" means the African honeybee (Apis mellifera scutellata and Apis mellifera capensis), those honeybees Africanized by interbreeding with the African honeybee, and any other parasite or predator that attacks the egg, larval, pupal, or adult stages of the honeybee that are subject to regulation under parts 1 through 3 of this chapter as identified by rule of the department.

(16) "Pollination apiary site" means an apiary site registered for pollination of a commercial seed, fruit, or other commercial agricultural product as provided in 80-6-112.

History: En. Sec. 1, Ch. 79, L. 1947; amd. Sec. 1, Ch. 475, L. 1973; Sec. 82-805, R.C.M. 1947; amd. and redes. 3-3101 by Sec. 128, Ch. 218, L. 1974; R.C.M. 1947, 3-3101; amd. Sec. 1, Ch. 125, L. 1981; amd. Sec. 1, Ch. 198, L. 1987; amd. Sec. 1, Ch. 9, L. 1991; amd. Sec. 1, Ch. 491, L. 1993; amd. Sec. 72, Ch. 7, L. 2001; amd. Sec. 2, Ch. 11, L. 2003; amd. Sec. 2, Ch. 468, L. 2009.