80-6-111. General apiary site registrations. (1) In order to control, limit, and prevent the spread of bee diseases, pests, and other contagious or infectious diseases among bees, hives, and apiaries and to control, limit, and prevent interference with the proper feeding and honey flow, as it relates to bee health of established apiaries, general apiary sites must be located 3 or more miles apart except as otherwise provided in this part. The department may not register or issue a certificate of registration for any apiary site except as provided in this section.

(2) A person may register a general apiary site that is situated less than 3 miles from another general apiary site that the person has registered if the location of the general apiary site being applied for is 3 or more miles from general apiary sites registered to other persons.

(3) A general apiary site may be registered even if it is less than 3 miles from any registered pollination apiary site, landowner apiary site, or hobbyist apiary site.

(4) (a) A person with an existing apiary site that is located less than 3 miles from an existing general apiary site may register that apiary site as a general apiary site under the following conditions:

(i) the existing apiary site is registered with the department as a general apiary site as of July 1, 1981;

(ii) the registration of the existing apiary site has not been forfeited or abandoned under the provisions of 80-6-102(3) or 80-6-104.

(b) General apiary sites registered prior to July 1, 1981, may be moved if authorized by the department.

(5) Certificates of registration may not be issued for new apiary sites that are within such close proximity to established registered apiary sites that there is or may be danger of the spread of disease or pests or if the proximity will or may interfere with the proper feeding and honey flow of established apiaries.

(6) Before registering new apiary sites, the department shall give at least 10 days' notice by certified mail to all registered apiarists who are likely to be affected by the proposed new apiary site. Any affected party may file a written protest with the department against registering the new apiary site. If a written protest is filed, the department may require a hearing. Notice of the time and place of the hearing must be given to all interested parties by certified mail at least 10 days before the date set for the hearing. If a hearing is held, the department in its discretion may issue or refuse to issue the new apiary site registration.

History: En. Sec. 3, Ch. 125, L. 1981; amd. Sec. 5, Ch. 198, L. 1987; amd. Sec. 2593, Ch. 56, L. 2009; amd. Sec. 6, Ch. 468, L. 2009.