PART 4. OFFICE OF THE STATE ENTOMOLOGIST
CHAPTER 71. BEES
The Texas Apiary Inspection Service (TAIS) proposes amendments to 4 TAC §§71.1, 71.11, 71.22, 71.23, 71.51, and 71.53 to modernize outdated information and provide further clarification on the operations of TAIS. TAIS also proposes the sections 4 TAC §§71.9, 71.10, and 71.12 be added to clarify the permit, inspection, and quarantine requirements provided in the Texas Agriculture Code, Chapter 131, Bees and Honey. TAIS proposes to repeal 4 TAC §71.7 due to the defunding of the certification program. TAIS also proposes to repeal 4 TAC §71.21 to reduce the restrictions and financial consequences set upon beekeepers who wish to request a queen apiary inspection. The need for these alterations reflect the changes within the apiary industry and TAIS over the past decade.
Comments on the proposal may be submitted in writing to Mary Reed, Chief Apiary Inspector, 2475 TAMU, College Station, Texas 77843-2475. Comments may also be submitted electronically to mary.reed@tamu.edu or faxed to (979) 845-0983.
SUBCHAPTER A. GENERAL PROVISIONS
The amendments, as well as the addition of §71.9 and §71.10, are proposed under the Texas Agriculture Code, §§131.021, which authorizes the Chief Apiary Inspector to adopt rules with the goal of treating, eradicating, and suppressing infectious diseases of honey bees.
The proposed amendments and new §71.9 and §71.10 implement the Texas Agriculture Code, §§131.001 - 131.122.
§71.1.Definitions.
The following words and terms, when used in this title, shall have the following meanings, unless the context clearly indicates otherwise:
(1) Act--Texas Bee Law, Texas Agricultural Code, Chapter 131, (1981), as amended.
(2) Apiary--A place where six or more colonies of bees or nuclei of bees are kept.
(3) Bee--Any stage of the common honeybee, Apis mellifera species.
(4) Chief Apiary Inspector--The Chief Apiary Inspector, formerly known as State Entomologist, appointed by the director or his designee.
(5) [(4)] Colony--The hive and
its equipment and appurtenances, including bees, comb, honey, pollen,
and brood.
(6) [(5)] Director--The director
of Texas A&M AgriLife Research, formerly known as the
Texas Agricultural Experiment Station.
(7) [(6)] Disease--American foulbrood,
European foulbrood, or any other contagious or infectious disease
of bees, or parasite or pest that affects bees or brood.
(8) [(7)] Equipment--Hives, supers,
frames, veils, gloves, tools, machines, including bee removal
vacuums, or other devices for the handling and manipulation
of bees, honey, pollen, wax, or hives, including storage or transporting
containers for pollen, honey, or wax, or other apiary supplies used
in the operation of an apiary or honey house.
(9) [(8)] Governing board--The
Board of Regents of the Texas A&M University System.
(10) [(9)] Honey--The nectar
of plants that has been transferred by, and is the natural product
of, bees and that is in the comb or has been taken from the comb and
is packaged in a liquid, crystallized, or granular form.
(11) [(10)] Nucleus--A small
mass of bees and combs used in forming a new colony.
(12) [(11)] Person--Any individual,
partnership, corporation, association, governmental subdivision, or
public or private organization of any character.
(13) [(12)] Pollen--Dust-like
grains formed in the anthers of flowering plants in which the male
elements or sperm are produced.
(14) [(13)] Queen apiary--An
apiary in which queen bees are reared or kept for sale, barter, or exchange.
[(14) State entomologist--The state
entomologist appointed by the director or the designee of the state
entomologist.]
(15) Reportable Diseases--a disease that presents a significant threat to the population of honey bees and that has been designated by the Chief Apiary Inspector as a disease or pest that must be reported under §131.025 of the Act. The Chief Apiary Inspector shall publish a list of reportable diseases.
§71.9.Permits for Shipment.
(a) Permits authorizing exportation of bees or equipment from Texas to another state may be issued as provided in §131.042 of the Act. An affidavit provided under subsection (b)(2) of that section shall be filed with the office of the Chief Apiary Inspector and shall be valid only for a period of one year from the date of filing.
(b) Permits authorizing intrastate shipment of bees or equipment may be issued as provided in §131.043 of the Act.
§71.10.Inspection and Certification.
(a) Inspections may be requested at any point during the year. An inspection may be requested in accordance to §131.044(a) or via telephone at (979) 845-9713.
(b) Certificates of inspection are valid for one year from the inspection date.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on October 15, 2020.
TRD-202004273
Lynda Cook
Assistant General Counsel
Office of the State Entomologist
Earliest possible date of adoption: November 29, 2020
For further information, please call: (979) 845-9713
The repeal of §71.7 is proposed under the Texas Agriculture Code, §§131.021, which authorizes the Chief Apiary Inspector to adopt rules with the goal of treating, eradicating, and suppressing infectious diseases of honey bees.
The proposed repeal of §71.7 implements the Texas Agriculture Code, §§131.001 - 131.122.
§71.7.European Honey Bee Certification.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on October 15, 2020.
TRD-202004274
Lynda Cook
Assistant General Counsel
Office of the State Entomologist
Earliest possible date of adoption: November 29, 2020
For further information, please call: (979) 845-9713
The amendments, as well as the new §71.12, are proposed under the Texas Agriculture Code, §§131.021, which authorizes the Chief Apiary Inspector to adopt rules with the goal of treating, eradicating, and suppressing infectious diseases of honey bees.
The proposed amendments and addition of §71.12 implement the Texas Agriculture Code, §§131.001 - 131.122.
§71.11.Apiary Quarantine.
(a) All apiaries wherein a reportable disease
is known to exist may be quarantined by the Chief Apiary Inspector [state
entomologist].
(b) A quarantine of an apiary by the Chief Apiary
Inspector [state entomologist] shall be established by:
(1) notifying the person having custody or control of the apiary of the presence of the reportable disease; or
(2) placing quarantine signs on the location quarantined.
(c) No bees, nuclei, combs, or equipment may be removed
from a quarantined apiary except upon written authorization of the Chief
Apiary Inspector [state entomologist].
(d) A quarantine established by the Chief Apiary
Inspector [state entomologist] shall remain in force
and effect until the Chief Apiary Inspector [state
entomologist] shall declare the quarantined apiary or location
to be free from disease. The Chief Apiary Inspector [state
entomologist] shall review a quarantined apiary or location
at least once every 30 days for the continued presence of disease.
§71.12.Area Quarantine.
If the Chief Apiary Inspector determines that the public welfare requires the establishment of a quarantine, the inspector may declare a protective quarantine of a district, county, precinct, or other defined area as provided in the §131.022 of the Act.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on October 15, 2020.
TRD-202004278
Lynda Cook
Assistant General Counsel
Office of the State Entomologist
Earliest possible date of adoption: November 29, 2020
For further information, please call: (979) 845-9713
The repeal of §71.21 is proposed under the Texas Agriculture Code, §§131.021, which authorizes the Chief Apiary Inspector to adopt rules with the goal of treating, eradicating, and suppressing infectious diseases of honey bees.
The proposed repeal of §71.21 implements the Texas Agriculture Code, §§131.001 - 131.122.
§71.21.Inspection of Queen Apiary.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on October 15, 2020.
TRD-202004279
Lynda Cook
Assistant General Counsel
Office of the State Entomologist
Earliest possible date of adoption: November 29, 2020
For further information, please call: (979) 845-9713
The amendments are proposed under the Texas Agriculture Code, §§131.021, which authorizes the Chief Apiary Inspector to adopt rules with the goal of treating, eradicating, and suppressing infectious diseases of honey bees.
The proposed amendments implement the Texas Agriculture Code, §§131.001 - 131.122.
§71.22.Payment of Fees.
(a) Payment of fees may be made electronically or by check or money order. All checks or money orders remitted for the payment of any fees specified in Subchapter C of the Act, shall be made payable to the "Texas Apiary Inspection Service." Fees shall be collected in the same manner that other fees of the Texas A&M AgriLife Research agency are collected.
(b) In the event of delinquent payment for such fees,
the Chief Apiary Inspector [state entomologist] may:
(1) sue to collect the delinquent fee;
(2) revoke or rescind the permit or registration; and/or
(3) require a $10 penalty for delinquent payment from the registrant or permitee.
§71.23.Exemption from Fees.
A person [An individual] owning no more
than 12 colonies of bees will be exempt from the $25 intrastate permit
fee provided for in the Act, §131.043 [131.043].
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on October 15, 2020.
TRD-202004280
Lynda Cook
Assistant General Counsel
Office of the State Entomologist
Earliest possible date of adoption: November 29, 2020
For further information, please call: (979) 845-9713
The amendments are proposed under the Texas Agriculture Code, §§131.021, which authorizes the Chief Apiary Inspector to adopt rules with the goal of treating, eradicating, and suppressing infectious diseases of honey bees.
The proposed amendments implement the Texas Agriculture Code, §§131.001 - 131.122.
§71.51.Complaints and Notification.
(a) Beekeepers or other persons with a knowledge of
or a formal complaint concerning the disease status of an apiary or
relating to apiary equipment may notify: the Chief Apiary Inspector,
Entomology Department, 2475 TAMU, Texas A&M University,
College Station, TX 77843-2475, (979) 845-9713, TAIS@TAMU.EDU[77843, (409) 845-9714].
(b) Complaints or notification should be submitted in writing and include the following information, to the extent it is known:
(1) name of beekeeper, person, or firm;
(2) address and phone number;
(3) location or site where the problem or receipt of diseased bees was noted;
(4) other information or evidence, as may be helpful to the Texas Apiary Inspection Service in identifying and resolving a complaint.
(c) Receipt of complaints will be acknowledged and the complainant periodically notified of progress and the final resolution. Firm(s) or person(s) designated or involved in the complaint may be notified, if it is in the best public interest in resolving the complaint.
§71.53.Public Testimony.
(a) Persons interested in commenting or reviewing action
or activities of the Texas Apiary Inspection Service are
requested to notify the Texas Apiary Inspection Service.
Interested parties will be notified when meetings are scheduled or
may request to meet with the Chief Apiary Inspector [chief
apiary inspector].
(b) The Texas Apiary Inspection Service will notify the president of the Texas Beekeepers Association at least three working days prior to a public meeting. Other organizations interested in honey bees may contact the Texas Apiary Inspection Service in writing, requesting advance meeting notification.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on October 15, 2020.
TRD-202004281
Lynda Cook
Assistant General Counsel
Office of the State Entomologist
Earliest possible date of adoption: November 29, 2020
For further information, please call: (979) 845-9713