80-6-202. Inspection of bees or used beekeeping equipment transported interstate. (1) Bees and beekeeping equipment, unless under a certificate of health that allows for seasonal transportation of bees and beekeeping equipment into Montana without inspection, that are transported into Montana from another state must be certified as pest-free and disease-free by either the originating state or by the department. A person who transports bees or beekeeping equipment into Montana shall present the required certification to the department. If the bees or beekeeping equipment cannot be certified as pest-free and disease-free, the bees or beekeeping equipment must be treated appropriately under the supervision of a federal authority, a representative of the originating state, or a representative of the department.

(2) The department must be advised in advance of the date of entry and the destination of the bees or material. Used equipment or bees transported into the state may be quarantined by the department, in accordance with 80-6-201(1)(d), from the time they enter the state until they have been inspected and found to be apparently free of pests and diseases or until they have been in use while under quarantine for a minimum of 90 days. The beekeeping materials are also subject to quarantine as provided in this section.

(3) The department may also inspect and certify as being apparently pest-free and disease-free bees or beekeeping equipment to be transported from Montana to a state that requires an inspection in the state of origin.

(4) (a) The costs of making the inspections provided for in subsections (1) through (3) must be paid by the owner of the bees or equipment following the inspection.

(b) Inspection fees for persons without a valid Montana inspection must include:

(i) per diem pursuant to Title 2, chapter 18, part 5;

(ii) necessary traveling expenses; and

(iii) an hourly rate established by department rule. The department may adjust the fee by rule to maintain adequate funding for this part. The fee may not be less than $50 or more than $150.

(c) Persons transporting bees interstate with a valid Montana certificate of health shall pay inspection fees that include:

(i) per diem pursuant to Title 2, chapter 18, part 5;

(ii) necessary traveling expenses; and

(iii) a fee for the issuance of a certificate of health, which may not be less than $50 or more than $150. The department may adjust the fee by rule to maintain adequate funding for this part.

(d) If inspection by an official of any other state is considered insufficient for the protection of the Montana bee industry by the department, the department shall state that fact by public statement. Importation of bees or beekeeping materials, including honey for extracting, from that other state must be denied unless the materials, bees, or honey is first inspected by the department and there is obtained from the department a certificate of inspection showing that the materials, bees, or honey is apparently free from pests and contagious or infectious disease. The costs of making the inspection must be paid by the person requesting it, and inspection may be made at any point outside this state convenient to the person making the inspection. The department may require that the costs of making the inspection be paid in advance, and the costs must include:

(i) per diem pursuant to Title 2, chapter 18, part 5;

(ii) necessary traveling expenses;

(iii) an hourly rate established by department rule; and

(iv) a fee for the issuance of the certificate of inspection. The department may adjust the fee by rule to maintain adequate funding for this part. The fee may not be less than $50 or more than $150.

History: En. Sec. 5, Ch. 79, L. 1947; amd. Sec. 3, Ch. 28, L. 1953; amd. Sec. 5, Ch. 475, L. 1973; Sec. 82-809, R.C.M. 1947; amd. and redes. 3-3107 by Sec. 134, Ch. 218, L. 1974; amd. Sec. 6, Ch. 25, L. 1977; R.C.M. 1947, 3-3107; amd. Sec. 4, Ch. 300, L. 1979; amd. Sec. 8, Ch. 198, L. 1987; amd. Sec. 3, Ch. 9, L. 1991; amd. Sec. 4, Ch. 11, L. 2003; amd. Sec. 11, Ch. 468, L. 2009.