DAR File No. 39773

Agriculture and Food, Plant Industry

Rule R68-1

Utah Bee Inspection Act Governing Inspection of Bees

Notice of Proposed Rule

(Amendment)

DAR File No.: 39773
Filed: 09/29/2015 07:38:32 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The rule governs the registration and inspection of beehives in the state. Changes in the rule clarify fees, registration numbers, and proper procedure for inspections of the hives.

Summary of the rule or change:

The rule changes makes it possible for the department to waive the registration fee for youth non-profit groups engaged in beekeeping for education purposes. Further, it clarifies how to properly display the registration numbers on the hive. Also added is a provision that inspectors attempt to contact the beekeepers prior to an inspection.

State statutory or constitutional authorization for this rule:

• Subsection 4-2-2(i)
• Section 4-11-3

Anticipated cost or savings to:

the state budget:

Due to the changes in registration, the department will lose some registration fees. However, the fee is minimal. The cost will be a reduction in fees of $10 for a registration fee from these groups. The other changes to the rule add no additional requirements on the department and therefore have no cost or savings to the state budget.

local governments:

The requirement that Bee Inspectors attempt to contact the Beekeeper prior to inspection will not add costs to the County Bee Inspectors budgets, as most were already engaged in such a practice.

small businesses:

The changes to the rule that have effect on small businesses were already required, the changes only added specificity. There are no new costs associated with the changes.

persons other than small businesses, businesses, or local governmental entities:

Youth Non-profit groups will see a savings of $10 from the waiver of the registration fee for those engaged in educational activities.

Compliance costs for affected persons:

The changes to the rule do not add additional requirements to any of those affected by the rule. There are no additional costs to any affected group or persons.

Comments by the department head on the fiscal impact the rule may have on businesses:

There are no costs associated with the rule changes to the businesses or persons affected by this rule. In contrast there will be a savings to certain non-profit youth groups. This savings, while not great, could help to purchase more hives and engage more youth in learning and caring for bees.

LuAnn Adams, Commissioner

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Agriculture and Food
Plant Industry
350 N REDWOOD RD
SALT LAKE CITY, UT 84116-3034

Direct questions regarding this rule to:

• Clark Burgess at the above address, by phone at 801-538-7188, by FAX at 801-538-7189, or by Internet E-mail at [email protected]
• Kathleen Mathews at the above address, by phone at 801-538-7103, by FAX at 801-538-7126, or by Internet E-mail at [email protected]
• Robert Hougaard at the above address, by phone at 801-538-7187, by FAX at 801-538-7189, or by Internet E-mail at [email protected]
• Scott Ericson at the above address, by phone at 801-538-7102, by FAX at 801-538-7126, or by Internet E-mail at [email protected]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

11/16/2015

This rule may become effective on:

11/23/2015

Authorized by:

LuAnn Adams, Commissioner

R68. Agriculture and Food, Plant Industry.

R68-1. Utah Bee Inspection Act Governing Inspection of Bees.

R68-1-1. Authority.

Promulgated under the authority of Section 4-11-3.

 

R68-1-2. Registration.

1) Every owner or person coming into possession of one or more colonies of bees within the State of Utah shall register with the Department of Agriculture and Food in accordance with the provisions in Section 4-11-4.

2) The Utah Department of Agriculture and Food may waive the registration fee for youth non-profit groups using hives for educational purposes.

 

R68-1-3. Apiary Identification.

1) Each apiary location [whether permanent or temporary ]shall be identified by a sign showing the owner's registration number issued by the Utah Department of Agriculture and Food , unless the apiary is located on property owned by the beekeeper.

2) The registration number shall be at least one inch in height, easily readable and displayed in a conspicuous location in the apiary; or similar identification conspicuously displayed on one or more hive bodies within the apiary. Any apiary not so identified shall be considered abandoned and shall be subject to seizure and destruction as provided for in Section 4-11-14.

 

R68-1-4. Assistance in Locating Apiaries.

1) All beekeepers shall personally assist the department or county bee inspectors in locating their apiaries, or provide accurate and detailed information as to location of all bee hives under their control or possession.

2) Bee inspectors shall make a good faith effort to contact the beekeeper prior to an inspection.

 

R68-1-5. Salvage Operations.

1) All salvage operations with respect to wax, hives and appliances from diseased colonies shall be performed in a tightly screened enclosure [to prevent the entrance of bees according to]using the following procedure:

[A.]a) [Frames]frames and comb [from the diseased hives shall be ]held for at least 30 minutes in boiling water (212 degrees F) before any wax is removed[.];

[B.]b) [After]after removal from the boiling water the frames [must be]are destroyed or boiled for a minimum of 20 minutes in a solution of lye water containing no less than 10 pounds of lye (Sodium Hydroxide) for each 100 gal. of water[.]; and

[C.]c) [Hive]hive bodies, supers, covers and bottom boards [must be]are thoroughly scorched or boiled for a minimum of 20 minutes in the lye water solution.

 

KEY: beekeeping

Date of Enactment or Last Substantive Amendment: [1987]2015

Notice of Continuation: August 24, 2015

Authorizing, and Implemented or Interpreted Law: 4-11-3