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Title XVII AGRICULTURE AND ANIMALS

Chapter 264

previous next Effective - 28 Aug 1985bottom

  264.065.  Quarantines inside state — seizure — inspection — notice — eradication — lien for expenses. — 1.  Whenever the director shall find that there exists in this state, or any part thereof, a harmful disease or pest of honey bees new to the state, which, for the protection of the apiculture industry within the state, should be prevented from spreading and be controlled or eradicated, the director may adopt and carry out such restrictive and control measures as may be deemed necessary and advisable and may cooperate with other state agencies and with the United States Department of Agriculture.

  2.  The director may promulgate rules establishing quarantines and quarantine restrictions covering areas in the state affected by these honey bee diseases or pests, and other areas within the state which are likely to be affected by* such diseases and pests.

  3.  Under such quarantines the director or authorized personnel may prohibit and prevent the movement, shipment or transportation without inspection of any honey bees, used beekeeping equipment or any other regulated material or article of any character capable of carrying such disease or pest in any living state of its development, originating in or which has been stored in such quarantined areas or in any area outside of the state infested with such disease or pest, except under such conditions as the director may prescribe as to inspection, treatment and certification.  In carrying out the provisions of this section the director or authorized personnel may intercept, stop and detain for official inspection any person, car, vessel, boat, truck, automobile, aircraft, wagon or other vehicles or carriers whether air, land or water, and may open and inspect any container or shipment thought to be carrying such disease or pest in any living stage of its development.  Any honey bees, used beekeeping equipment or any other regulated articles moved, shipped, or transported in violation of such quarantine may be seized and treated, destroyed or otherwise disposed of in accordance with the instructions of the director.

  4.  Under such quarantines the director may require the treatment or destruction of infected or infested honey bee colonies as may be necessary to effectively destroy or prevent the development of such diseases and pests of honey bees.  It shall be the duty of the owner or person in charge of such apiary or any other thing connected therewith within such quarantined area, upon due notice, to take such action as is required within the time limit specified and in the manner designated by the director.

  5.  In case the owner or the person in charge of such apiary, used beekeeping equipment or other regulated materials within the quarantined area shall neglect or refuse to carry out the instructions of the director contained in such notice within the time limit specified, the director or authorized personnel may take the action so required, and the director shall have and enforce a lien for the expense thereof against the place in or upon which such expense was incurred in the same manner as liens are had and enforced upon buildings and lots, wharves and piers for labor and materials furnished by virtue of contract with the owner.

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(L. 1985 H.B. 180)

*Word "with" appears in original rolls.


---- end of effective   28 Aug 1985 ----

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