S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8431
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 18, 2019
                                ___________
 
 Introduced by M. of A. LUPARDO -- (at request of the Department of Agri-
   culture  and  Markets)  --  read once and referred to the Committee on
   Agriculture
 
 AN ACT to amend the agriculture and markets law and  the  real  property
   tax law, in relation to bee health and the beekeeping industry; and to
   repeal  certain provisions of the agriculture and markets law relating
   thereto
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  169-d  of  the  agriculture  and  markets law is
 REPEALED.
   § 2. Article 15 of the agriculture and markets law, as added by  chap-
 ter 166 of the laws of 1925, sections 173, 174, 175 and 175-b as amended
 by  chapter  430  of  the  laws of 1985, subdivision 9 of section 174 as
 added by chapter 276 of the laws of 2000, section 175-c  as  amended  by
 chapter  310  of  the laws of 1962 and section 175-d as added by chapter
 398 of the laws of 1938, is amended to read as follows:
                                ARTICLE XV
 
                               BEE DISEASES
 
 Section 173.   APIARY INDUSTRY ADVISORY COMMITTEE.
         173-A. DEFINITIONS.
         173-B. Eradication of bee diseases and certain insects affecting
                  bees.
         173-C. COOPERATIVE HONEYBEE HEALTH IMPROVEMENT PROGRAM.
         174.   Keeping of diseased and banned bees prohibited; existence
                  of disease to be reported.
         175.   [Transportation of bees and bee material.
         175-b.] Rules and regulations.
         [175-c] 175-A. Review by court.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09084-09-9

 A. 8431                             2

         [175-d.] 175-B. Violations; remedies.
   § 173. APIARY  INDUSTRY  ADVISORY COMMITTEE. 1. THERE IS HEREBY ESTAB-
 LISHED WITHIN THE DEPARTMENT AN APIARY INDUSTRY ADVISORY COMMITTEE WHICH
 SHALL CONSIST OF NO MORE THAN FIFTEEN MEMBERS TO  BE  APPOINTED  BY  THE
 COMMISSIONER  BASED  ON  THEIR  EXPERIENCE  AND  EXPERTISE IN THE APIARY
 INDUSTRY. OF THE MEMBERS SO APPOINTED, AT LEAST TWO MEMBERS SHALL REPRE-
 SENT EACH OF THE THREE SECTORS OF THE APIARY INDUSTRY, COMMERCIAL  BEEK-
 EEPERS,  PART-TIME  BEEKEEPERS  AND  HOBBYIST  BEEKEEPERS;  AT LEAST ONE
 MEMBER SHALL REPRESENT THE HORTICULTURE OR VEGETABLE  INDUSTRY  AND  ONE
 MEMBER SHALL BE AN OFFICER OR EMPLOYEE OF THE CORNELL COOPERATIVE EXTEN-
 SION  SERVICE  OR  THE  NEW  YORK  STATE COLLEGE OF AGRICULTURE AND LIFE
 SCIENCES AT CORNELL UNIVERSITY. MEMBERS SHALL BE APPOINTED FOR A TERM OF
 THREE YEARS AND MAY SERVE UNTIL THEIR SUCCESSORS  ARE  CHOSEN  PROVIDED,
 HOWEVER,  THAT  OF  THE  MEMBERS FIRST APPOINTED, FIVE SHALL SERVE FOR A
 TERM OF ONE YEAR, FIVE SHALL SERVE FOR A TERM OF  TWO  YEARS,  AND  FIVE
 SHALL SERVE FOR A TERM OF THREE YEARS. MEMBERS SHALL SERVE WITHOUT SALA-
 RY.  THE COMMISSIONER OR HIS OR HER DESIGNEE SHALL BE THE CHAIRPERSON OF
 THE COMMITTEE.
   2. THE DUTIES AND RESPONSIBILITIES OF  THE  APIARY  INDUSTRY  ADVISORY
 COMMITTEE  SHALL  INCLUDE PROVIDING ADVICE, COMMENTS AND RECOMMENDATIONS
 TO THE COMMISSIONER  REGARDING  STATE  GOVERNMENT  PLANS,  POLICIES  AND
 PROGRAMS  AFFECTING  THE  APIARY  INDUSTRY AND SUCH OTHER MATTERS AS THE
 COMMISSIONER MAY REQUEST IN RELATION TO THIS ARTICLE.
   3. THE ADVISORY COMMITTEE SHALL MEET AT LEAST ONCE ANNUALLY, AT  TIMES
 AND PLACES SET BY THE COMMISSIONER.
   4.  THE  COMMISSIONER  MAY ASK OTHER INDIVIDUALS TO ATTEND THE COMMIT-
 TEE'S MEETINGS OR WORK WITH IT AS NEEDED.
   § 173-A. DEFINITIONS. WHEN USED IN THIS ARTICLE:
   1. "APIARY" SHALL MEAN ANY LOCATION  USED  FOR  RAISING  HONEYBEES  OR
 PRODUCING HONEY OR OTHER BEE RELATED PRODUCTS.
   2. "COLONY" SHALL MEAN ANY PRODUCTION UNIT OF BEES.
   3. "NUCLEUS COLONY OR NUCS" SHALL MEAN A STARTER COLONY, CONSISTING OF
 A LAYING QUEEN AND UP TO FIVE FRAMES OF BROOD AND BEES.
   4.  "BEEKEEPER"  SHALL  MEAN  ANY  INDIVIDUAL OR ENTITY THAT MAINTAINS
 MANAGED HONEYBEES FOR PROFIT,  RESEARCH,  RECREATIONAL,  OR  EDUCATIONAL
 PURPOSES.
   §  173-B.  Eradication  of  bee diseases and certain insects affecting
 bees.  The commissioner may cause inspections to be made of apiaries  in
 the  state  for  the discovery of infectious, contagious or communicable
 diseases and for  the  discovery  of  insects  and  parasitic  organisms
 adversely affecting bees, and for the discovery of species or subspecies
 of  bees  which have been determined by him to cause injury, directly or
 indirectly, to this state's [useful] MANAGED bee population,  crops,  or
 other  plants.  [He]  THE COMMISSIONER SHALL PROVIDE A BEEKEEPER OR SUCH
 BEEKEEPER'S DESIGNATED AGENT  WITH  REASONABLE  ADVANCE  NOTICE  OF  ANY
 INSPECTION  OF AN APIARY. THE COMMISSIONER may also cause investigations
 to be made as to the best method for  the  eradication  of  diseases  of
 bees,  insects  or  parasitic organisms adversely affecting bees, or for
 the eradication of species or subspecies of bees which have been  deter-
 mined by [him] THE COMMISSIONER to cause injury, directly or indirectly,
 to  this state's [useful] MANAGED bee population, crops, or other plants
 and [he] THE COMMISSIONER may plan and execute appropriate  methods  for
 such eradication.
   The commissioner shall have access to all apiaries, structures, appli-
 ances, BUILDINGS, VEHICLES, AIRPLANES, VESSELS, PLACES or premises where
 bees  or  honey  or  comb used in apiaries may be[. He] AND may open any

 A. 8431                             3
 
 hive, colony, package or receptacle of any kind containing or which [he]
 THE COMMISSIONER has reason to believe  contains  any  bees,  comb,  bee
 products,  used beekeeping appliances, or anything else which is capable
 of  transmitting  contagious  or infectious diseases of bees or which is
 capable of harboring insects or parasitic organisms adversely  affecting
 bees,  or  species  or  subspecies of bees which have been determined by
 [him] THE COMMISSIONER to cause injury, directly or indirectly, to  this
 state's [useful] MANAGED bee population, crops, or other plants.
   §  173-C.  COOPERATIVE  HONEYBEE  HEALTH  IMPROVEMENT  PROGRAM.  1. IN
 SUPPORT OF THE DUTIES OUTLINED IN THIS ARTICLE, AS WELL AS THE GOALS AND
 OBJECTIVES FOR POLLINATOR PROTECTION; THE COMMISSIONER  SHALL  CREATE  A
 COOPERATIVE HONEYBEE HEALTH IMPROVEMENT PROGRAM WHICH WILL REQUIRE:
   (A)  ALL  BEEKEEPERS  SHALL  PROVIDE TO THE COMMISSIONER THE NUMBER OF
 MANAGED COLONIES AND THE COUNTY IN  WHICH  EACH  OF  THESE  COLONIES  IS
 LOCATED;  AND  CURRENT CONTACT INFORMATION OF THE INDIVIDUAL OR INDIVID-
 UALS RESPONSIBLE FOR THE CARE OF THESE BEES. ALL BEEKEEPERS  SHALL  ALSO
 INDICATE  WHETHER THEY INTEND TO SELL NUCLEUS COLONIES NUCS. THIS INFOR-
 MATION SHALL BE UPDATED AND PROVIDED TO THE COMMISSIONER  ON  AN  ANNUAL
 BASIS.
   (B) THE DEPARTMENT SHALL USE THIS INFORMATION TO COMMUNICATE THE INCI-
 DENCE  OF INFECTIOUS DISEASES AND PARASITES AT THE COUNTY LEVEL TO BEEK-
 EEPERS AND BEE CLUBS AND TO NOTIFY BEEKEEPERS OF THE POTENTIAL NEED  FOR
 THE  DEPARTMENT  TO  PROHIBIT  THE  MOVEMENT  OR  SELLING OF DISEASED OR
 INFESTED BEES OR REQUIRE THE DESTRUCTION OF SUCH  BEES.  THE  DEPARTMENT
 SHALL  ALSO  USE THIS INFORMATION TO ESTABLISH THE BOUNDARIES OF DISEASE
 AND PARASITE INFESTATIONS IN THE AREA SURROUNDING A CONFIRMED DISEASE OR
 PARASITE INFESTATION.
   (C) ANY INDIVIDUAL OR BUSINESS THAT  INTENDS  TO  SELL  NUCS  PRODUCED
 WITHIN AND OFFERED FOR SALE TO OTHER PERSONS IN NEW YORK MUST FIRST HAVE
 AN  INSPECTION  OF  ITS  APIARIES,  AS AUTHORIZED BY SECTION ONE HUNDRED
 SEVENTY-THREE-B OF THIS ARTICLE, BY  THE  DEPARTMENT  WHICH  INSPECTIONS
 SHALL CONTINUE ON AN ANNUAL BASIS, SO LONG AS NUCS ARE OFFERED FOR SALE.
 THESE  INSPECTIONS SHALL ASCERTAIN WHETHER SUCH BEEKEEPER'S APIARIES ARE
 FREE FROM AMERICAN FOULBROOD AND  WHETHER  LEVELS  OF  OTHER  INFECTIOUS
 DISEASES  AND PARASITES IN THE OPERATION RENDER THE NUCS UNFIT FOR SALE.
 ANY INDIVIDUAL OR BUSINESS WHOSE APIARIES ARE FOUND TO BE INFESTED  WITH
 AMERICAN  FOULBROOD,  AFTER LABORATORY CONFIRMATION, SHALL BE PROHIBITED
 FROM SELLING NUCS FOR A PERIOD OF ONE YEAR, OR UNTIL  THE  APIARIES  ARE
 INSPECTED AND LABORATORY RESULTS INDICATE THEY ARE FOUND TO BE FREE FROM
 AMERICAN FOULBROOD.
   (D)  NO  PERSON  SHALL  KNOWINGLY TRANSPORT, MOVE, BUY, SELL, POSSESS,
 BARTER, OFFER FOR SALE OR BARTER, DELIVER, OR OFFER  FOR  TRANSPORTATION
 ANY  SPECIES  OR  SUBSPECIES  OF  BEES WHICH HAVE BEEN DETERMINED BY THE
 COMMISSIONER TO CAUSE INJURY, DIRECTLY  OR  INDIRECTLY,  TO  THE  PUBLIC
 SAFETY  OR  TO  THIS  STATE'S  MANAGED  BEE  POPULATION, CROPS, OR OTHER
 PLANTS; PROVIDED, HOWEVER, THAT THE COMMISSIONER  MAY,  AT  HIS  OR  HER
 DISCRETION,  EXEMPT  THE  TRANSPORTATION, SALE, POSSESSION, MOVEMENT, OR
 DELIVERY OF SUCH BEES USED FOR SCIENTIFIC OR EDUCATIONAL PURPOSES  UNDER
 SUCH SAFEGUARDS AS DEEMED NECESSARY BY THE COMMISSIONER.
   (E) EVERY SHIPMENT OF LIVE BEES IN CAGES OR PACKAGES WITHOUT COMB INTO
 THIS  STATE  FROM ANOTHER STATE OR FOREIGN COUNTRY, SHALL BE ACCOMPANIED
 BY A PERMIT ISSUED BY THE COMMISSIONER, OR BY A CERTIFICATE  OF  FREEDOM
 FROM  DISEASE  EXECUTED  BY AN OFFICIAL OF SUCH STATE OR FOREIGN COUNTRY
 RECOGNIZED BY THE COMMISSIONER.
   (F) EVERY SHIPMENT OF A COLONY OF BEES,  USED  COMB,  USED  BEEKEEPING
 EQUIPMENT,  OR  LIVE  BEES ON COMB INTO THIS STATE FROM ANOTHER STATE OR

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 FOREIGN COUNTRY, SHALL BE ACCOMPANIED BY A PERMIT ISSUED BY THE  COMMIS-
 SIONER OR BY A CERTIFICATE OF FREEDOM FROM DISEASES AND PARASITIC ORGAN-
 ISMS  ADVERSELY  AFFECTING  BEES  AND FROM SPECIES OR SUBSPECIES OF BEES
 WHICH  HAVE BEEN DETERMINED BY THE COMMISSIONER TO CAUSE INJURY DIRECTLY
 OR INDIRECTLY, TO THE PUBLIC SAFETY OR TO THE STATE'S MANAGED BEE  POPU-
 LATION,  CROPS, OR OTHER PLANTS; AND CERTIFYING THAT A PROPER INSPECTION
 WAS MADE NOT EARLIER THAN SIXTY DAYS PRECEDING  THE  DATE  OF  SHIPMENT.
 SUCH  CERTIFICATE  SHALL  BE EXECUTED BY THE CERTIFYING OFFICIAL OF SUCH
 STATE OR FOREIGN COUNTRY.  A  DUPLICATE  OF  SUCH  CERTIFICATE  MUST  BE
 RECEIVED  BY  THE  DEPARTMENT BEFORE ANY SUCH SHIPMENT ENTERS THE STATE.
 EVERY TRANSPORTATION COMPANY THAT KNOWINGLY RECEIVES SUCH SHIPMENT SHALL
 IMMEDIATELY NOTIFY THE COMMISSIONER THEREOF, GIVING THE NAME AND ADDRESS
 OF THE CONSIGNOR OR CONSIGNEE.
   2. THE GOALS OF THE COOPERATIVE HONEYBEE  HEALTH  IMPROVEMENT  PROGRAM
 SHALL BE TO:
   (A)  DOCUMENT THE HEALTH OF THE STATE'S MANAGED POLLINATOR POPULATION,
 INCLUDING THE PRESENCE OF PARASITES, DISEASES, AND ENVIRONMENTAL THREATS
 TO THE STATE'S POPULATION OF MANAGED POLLINATORS;
   (B) PROVIDE INFORMATION ON HONEYBEE HEALTH TO BEEKEEPERS, STAKEHOLDERS
 AND ACADEMIA TO INFORM RESEARCH AND BEST MANAGEMENT PRACTICES RELATED TO
 POLLINATOR HEALTH;
   (C) DOCUMENT THE ANNUAL POPULATION  OF  MANAGED  POLLINATORS  IN  EACH
 COUNTY WITHIN NEW YORK STATE; AND
   (D) COLLECT CONTACT INFORMATION FOR EACH BEEKEEPER TO ALLOW FOR BETTER
 COMMUNICATION  AMONG THE DEPARTMENT AND BEEKEEPERS RELATING TO THE INCI-
 DENCE OF PARASITES, DISEASE AND OTHER HEALTH THREATS THAT COULD BE TRAN-
 SMITTED WITHIN THE FLIGHT RANGE OF MANAGED POLLINATORS.
   3. THERE SHALL BE NO FEE OR OTHER REGISTRATION COST FOR  PARTICIPATION
 IN THE COOPERATIVE HONEYBEE HEALTH IMPROVEMENT PROGRAM.
   4.  A  BEEKEEPER  REQUIRED  TO  SUBMIT INFORMATION TO THE COMMISSIONER
 PURSUANT TO THIS SECTION MAY REQUEST THAT SUCH INFORMATION  BE  EXEMPTED
 FROM  DISCLOSURE  PURSUANT TO SUBDIVISION FIVE OF SECTION EIGHTY-NINE OF
 THE PUBLIC OFFICERS LAW.
   § 174. Keeping of diseased and banned bees  prohibited;  existence  of
 disease  to  be reported. 1. No person shall keep in [his] SUCH PERSON'S
 possession or under [his] SUCH PERSON'S care any colony of bees affected
 with a contagious or infectious disease or infested by [insects] DISEASE
 or parasitic organisms  adversely  affecting  bees,  or  by  species  or
 subspecies  of  bees  which  have been determined by the commissioner to
 cause injury, directly or indirectly, to THE PUBLIC SAFETY  OR  TO  this
 state's  [useful]  MANAGED  bee  population, crops, or other plants. Any
 person who [knows that any bees owned or controlled by him are  affected
 with,  or  have  been  exposed to, any contagious or infectious disease,
 insects or parasitic organisms adversely affecting bees, or  by  species
 or  subspecies of bees which have been determined by the commissioner to
 cause injury, directly or indirectly, to this state's useful  bee  popu-
 lation, crops, or other plants,] KNOWS THAT ANY BEES OWNED OR CONTROLLED
 BY SUCH PERSON EXCEED DISEASE OR PARASITE TOLERANCES OR ARE A SPECIES OR
 SUBSPECIES  OF  BEES  THAT  HAVE  BEEN DETERMINED BY THE COMMISSIONER TO
 CAUSE INJURY, DIRECTLY OR INDIRECTLY, TO THE PUBLIC SAFETY  OR  TO  THIS
 STATE'S  MANAGED BEE POPULATION, CROPS, OR OTHER PLANTS, SUCH TOLERANCES
 AND DETERMINATIONS TO BE ESTABLISHED IN REGULATION BY THE  COMMISSIONER,
 shall  at  once  report such fact to the commissioner, stating all facts
 known to [him] SUCH PERSON with reference to said contagion,  infection,
 or  exposure.    INFORMATION  REGARDING  ALLOWABLE  DISEASE AND PARASITE

 A. 8431                             5
 
 TOLERANCES AND SPECIES AND SUBSPECIES OF BEES SHALL BE MADE AVAILABLE ON
 THE DEPARTMENT'S WEBSITE.
   2.  No person shall hide or conceal any bees or used beekeeping equip-
 ment from [the inspector] DEPARTMENT  EMPLOYEES  OR  OFFICIALS  or  give
 false  information  in  any manner pertaining to this article. No person
 shall resist, impede or hinder the commissioner or [his] THE COMMISSION-
 ER'S duly authorized representatives in the discharge of his OR  HER  or
 their duties.
   3.  Whenever the commissioner or [his] THE COMMISSIONER'S duly author-
 ized representatives shall determine that any colony of bees, bee  mate-
 rial, structures or appliances is infected with, or has been exposed to,
 contagious  or  infectious  diseases of bees, or is infested with or has
 been exposed to insects or parasitic organisms adversely affecting bees,
 or to species or subspecies of bees which have been  determined  by  the
 commissioner  to  cause  injury, directly or indirectly, to this state's
 [useful] MANAGED bee population, crops, or other plants,  said  colonies
 of  bees  and  material,  structures  or appliances shall be immediately
 placed under quarantine and a written notice thereof shall be served  on
 the  owner  or caretaker.  No person shall move, tamper with, handle, or
 otherwise disturb or  molest  or  cause  to  be  moved,  tampered  with,
 handled,  or otherwise disturbed or molested any colonies, materials, or
 appliances so quarantined without a written permit from the commissioner
 or [his] THE COMMISSIONER'S duly authorized representatives.
   4. (A) All species and subspecies of bees which have  been  determined
 by  the  commissioner  to  cause  injury, directly or indirectly, to THE
 PUBLIC SAFETY SHALL BE DESTROYED PER COMMISSIONER ORDER.
   (B) A BEEKEEPER WHO RECEIVED NOTIFICATION THAT  HE/SHE  IS  PROHIBITED
 FROM  SELLING NUCS AS THEY HAVE BEEN DEEMED UNFIT FOR SALE BY LABORATORY
 CONFIRMATION OF AMERICAN FOULBROOD, MAY BE ORDERED BY  THE  COMMISSIONER
 TO DESTROY SUCH COLONIES.
   (C)  DURING THE TIME SPECIFIED IN EITHER SUCH ORDER AUTHORIZED BY THIS
 SUBDIVISION,  THE  QUARANTINED  COLONIES  AND  EQUIPMENT  SHALL  NOT  BE
 REMOVED,  MOLESTED  OR TAMPERED WITH EXCEPT BY WRITTEN PERMISSION OF THE
 COMMISSIONER OR THE COMMISSIONER'S DULY  AUTHORIZED  REPRESENTATIVE.  NO
 DAMAGE  SHALL  BE AWARDED TO THE OWNER FOR THE LOSS OF ANY APIARY, BEES,
 HIVES, APIARY APPLIANCE OR BEE PRODUCT DESTROYED UNDER THE PROVISIONS OF
 THIS SECTION OR A REGULATION OR ORDER MADE IN PURSUANCE THEREOF.
   4-A. ALL SPECIES AND SUBSPECIES OF BEES DETERMINED BY THE COMMISSIONER
 TO CAUSE INJURY TO this state's [useful] MANAGED bee population,  crops,
 or  other  plants  and all bees, beehives, bee fixtures or appurtenances
 infected with, or exposed to, contagious or infectious diseases of bees,
 or infested with, or exposed to, insects or parasitic organisms adverse-
 ly affecting bees, or with or to species or  subspecies  of  bees  which
 have been determined by [him] THE COMMISSIONER to cause injury, directly
 or  indirectly,  to this state's [useful] MANAGED bee population, crops,
 or other plants, are hereby declared to be nuisances  to  be  abated  as
 hereinafter described.
   5. If any inspection made by the commissioner or [his] THE COMMISSION-
 ER'S  duly  authorized  representative discloses that any apiary, appli-
 ances, structures, colonies or comb constitute  a  nuisance  within  the
 meaning  of  this  section, the commissioner or [his] THE COMMISSIONER'S
 duly authorized representatives may with the co-operation and consent of
 the owner or person in charge immediately proceed to abate the  nuisance
 by  destroying or treating such colonies and equipment, or he OR SHE may
 order the owner or person in charge to destroy or treat such colonies or
 equipment as may be deemed advisable.  In case the owner  or  person  in

 A. 8431                             6
 
 charge  will  not  consent to the abatement of the nuisance by immediate
 destruction or treatment, the commissioner or [his]  THE  COMMISSIONER'S
 duly  authorized  representative  shall  notify  [in writing] the owner,
 occupant  or  person  in  charge  of  the  premises IN WRITING that such
 nuisance exists and order that the same be abated within five days after
 a date which shall be specified in said order.  Such  order  shall  ALSO
 contain  directions  setting  forth the method or methods which shall be
 taken to abate the nuisance and shall be served upon the owner, occupant
 or person in charge of the premises either personally or  by  registered
 or certified mail.
   6.  [If  the]  A  BEEKEEPER  WHO  RECEIVES  AN  order THAT directs the
 destruction OR TREATMENT of any bees, hives, fixtures  or  appurtenances
 [and  the  owner  thereof considers himself to be aggrieved thereby, he]
 DEEMED A NUISANCE OR NOTIFICATION THAT SUCH BEEKEEPER IS PROHIBITED FROM
 SELLING NUCS PURSUANT TO PARAGRAPH (C) OF SUBDIVISION ONE OF SECTION ONE
 HUNDRED SEVENTY-THREE-C OF THIS ARTICLE may, within five days  from  the
 receipt  of  the  order[,  present  to  the commissioner a request for a
 review. Written notice of such request must be served by mail  upon  the
 commissioner]  OR NOTIFICATION, REQUEST A HEARING THEREON.  THE ORDER OR
 NOTIFICATION SHALL ADVISE THE BEEKEEPER OF THE RIGHT  TO  SUCH  HEARING,
 THE  PROCEDURE TO BE FOLLOWED AND THE MANNER IN WHICH THE REQUEST MAY BE
 MADE TO THE COMMISSIONER.  Upon receipt of such  [notice]  REQUEST,  the
 commissioner shall [cause an investigation to be made] GIVE THE BEEKEEP-
 ER  TEN  DAYS'  NOTICE IN WRITING OF A HEARING FOR THE BEEKEEPER TO SHOW
 CAUSE WHY THE DESTRUCTION, TREATMENT OR PROHIBITION ON  SELLING  BY  THE
 ORDER  OR  NOTIFICATION IS NOT APPROPRIATE. THE HEARING SHALL BE HELD ON
 THE RECORD.  The request for a [review] HEARING shall act  to  stay  all
 proceedings  until [the matter has been investigated and] a final deter-
 mination rendered by the commissioner. During the time specified in  the
 order and during any extended time [permitted by reason of such review],
 PENDING SUCH FINAL DETERMINATION, the quarantined colonies and equipment
 shall  not  be  removed,  molested  or  tampered  with except by written
 permission of the commissioner or [his] THE COMMISSIONER'S duly  author-
 ized  representative.  No  damage  shall be awarded to the owner for the
 loss of any apiary,  bees,  hives,  apiary  appliance,  or  bee  product
 destroyed  under  the  provisions  of  this section or any regulation or
 order made in pursuance thereof.
   7. Persons keeping bees shall keep them in hives of such  construction
 that  the  frames  and combs may be easily removed without damaging them
 for examination of the brood for  the  purpose  of  determining  whether
 disease exists in the brood.
   8.  No  person  shall KNOWINGLY expose in any place to which bees have
 access any bee product, hive or other apiary appliance  in  such  manner
 that contagious or infectious diseases of bees may be disseminated ther-
 efrom.
   9.  The commissioner may promulgate rules and regulations to establish
 appropriate tolerance levels for [insects] DISEASES or parasitic  organ-
 isms  adversely  affecting  bees  within  hives, fixtures, structures or
 appurtenances.  Beehives  conforming  with  such  established  tolerance
 levels  shall  not  be  considered nuisances under this section. If upon
 inspection a hive is found to exceed such tolerance levels, the  commis-
 sioner  may  consider  such  apiary  to  be a nuisance and may order the
 destruction or treatment of the apiary  as  set  forth  in  subdivisions
 four, FOUR-A, five and six of this section.
   § 175. [Transportation  of  bees and bee material.  1. No person shall
 transport, move, sell, barter, offer for sale  or  barter,  deliver,  or

 A. 8431                             7

 offer  for transportation any colony of bees, used comb, used beekeeping
 material, or live bees unless it be within the beekeeper's own  premises
 without a permit from the commissioner, except that colonies of bees and
 used  beekeeping  equipment which are not infected with or have not been
 exposed to bee disease, and which are not infested  with  and  have  not
 been exposed to insects or parasitic organisms adversely affecting bees,
 or  to  species  or subspecies of bees which have been determined by the
 commissioner to cause injury, directly or indirectly,  to  this  state's
 useful  bee  population,  crops,  or other plants may be moved or trans-
 ported without a permit provided that the commissioner has been notified
 in writing of such intention not less than ten days before the bees  and
 equipment are moved.
   2.  No person shall transport, move, buy, sell, possess, barter, offer
 for sale or barter, deliver, or offer for transportation any species  or
 subspecies  of  bees  which  have been determined by the commissioner to
 cause injury, directly or indirectly, to this state's useful  bee  popu-
 lation,  crops,  or other plants, provided, that the commissioner may at
 his discretion exempt the transportation, sale, possession, movement, or
 delivery of such bees for scientific or educational purposes under  such
 safeguards as he may deem necessary.
   3.  Every shipment of live bees in cages or packages without comb into
 this state from another state or foreign country, shall  be  accompanied
 by  a  permit issued by the commissioner, or by a certificate of freedom
 from disease executed by an official of such state  or  foreign  country
 recognized by the commissioner.
   4.  Every  shipment  of  a  colony of bees, used comb, used beekeeping
 equipment, or live bees on comb into this state from  another  state  or
 foreign  country, shall be accompanied by a permit issued by the commis-
 sioner or by a certificate of freedom from  disease,  from  insects  and
 parasitic organisms adversely affecting bees and from species or subspe-
 cies  of  bees  which  have been determined by the commissioner to cause
 injury directly or indirectly, to this state's  useful  bee  population,
 crops  or  other plants and certifying that a proper inspection was made
 not earlier than sixty days preceding the date of shipment. Such certif-
 icate shall be executed by an official of such state or foreign  country
 recognized by the commissioner. A duplicate of such certificate shall be
 mailed  to  the commissioner before any such shipment enters this state.
 Every transportation company upon receipt of such shipment  shall  imme-
 diately  notify the commissioner thereof, giving the name and address of
 the consignor and consignee.
   § 175-b.] Rules and regulations.  The commissioner is  hereby  author-
 ized,  after  public  hearing, to adopt, promulgate and issue such rules
 and regulations as [he] THE COMMISSIONER may deem necessary to carry out
 and give full force and  effect  to  the  provisions  of  this  article,
 including,  but not limited to, the designation of species or subspecies
 of bees determined by him OR HER to cause injury, directly or  indirect-
 ly,  to  THE PUBLIC SAFETY OR TO this state's [useful] MANAGED bee popu-
 lation, crops, or other plants.   Such rules and  regulations  shall  be
 filed  and  open  for  public  inspection at the principal office of the
 department and shall have the force and effect of law.
   [§ 175-c.] § 175-A. Review by court.  The [action] FINAL DETERMINATION
 of the commissioner on a [request for review] HEARING as  authorized  by
 SUBDIVISION  SIX  OF  section one hundred [seventy-five herein] SEVENTY-
 FOUR OF THIS ARTICLE may be reviewed in the manner provided  by  article
 seventy-eight  of  the  civil practice law and rules, provided, however,
 that a stay shall not be granted by the court or a justice thereof pend-

 A. 8431                             8
 
 ing final determination of the matter except on notice  to  the  commis-
 sioner.   The [decision] DETERMINATION of the commissioner AFTER A HEAR-
 ING shall be final unless within thirty days from the receipt of written
 notice thereof a proceeding is instituted to review the same.
   [§ 175-d.] § 175-B. Violations; remedies.  The commissioner may insti-
 tute  such  action  at  law  or in equity as may be necessary to enforce
 compliance with any provision of this article or of any  rule  or  regu-
 lation  promulgated  thereunder  and  in  addition  to  any other remedy
 prescribed in article three of this chapter or otherwise may  apply  for
 relief  by  injunction  if  necessary  to protect the public interest or
 abate a nuisance as defined in this article without alleging or  proving
 that  an  adequate remedy at law does not exist. Such application may be
 made to the supreme court in any district or county as provided  by  the
 civil  practice  act  and  the rules of practice of the court, or to the
 supreme court in the third judicial district.
   § 3. The subdivision heading and  paragraph  c  of  subdivision  9  of
 section  301 of the agriculture and markets law, the subdivision heading
 as amended by chapter 440 of the laws of 1993 and paragraph c as amended
 by chapter 536 of the laws of 2008, are amended to read as follows:
   "Gross sales [value]" means the proceeds from the sale of:
   c. Honey, ROYAL JELLY, BEE POLLEN, PROPOLIS and  beeswax  produced  by
 bees  in  hives  located  on  [an otherwise qualified farm operation but
 which does not independently satisfy the gross sales  requirement]  LAND
 USED  IN  AGRICULTURAL  PRODUCTION  IN  CONJUNCTION  WITH THE SAME OR AN
 OTHERWISE QUALIFIED FARM OPERATION;
   § 4. Paragraph (e) of subdivision 2 of section 483 of the real proper-
 ty tax law, as amended by chapter 35 of the laws of 2016, is amended  to
 read as follows:
   (e)  structures  and  buildings used in the production of honey, ROYAL
 JELLY, BEE POLLEN, PROPOLIS and beeswax including those  structures  and
 buildings  used  for  the storage of bees. For purposes of this section,
 this shall not include those structures or buildings and portions there-
 of used for the sale of maple syrup or sale of honey  and  beeswax.  The
 term "structures and buildings" shall not include silos, bulk milk tanks
 or coolers, or manure storage, handling and treatment facilities as such
 terms are used in section four hundred eighty-three-a of this title.
   § 5. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.  Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such effective date.