S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6329
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               April 5, 2023
                                ___________
 
 Introduced by M. of A. THIELE -- read once and referred to the Committee
   on Agriculture
 
 AN  ACT  to  amend  the  agriculture and markets law, in relation to the
   preservation of honey bee colonies
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1. The agriculture and markets law is amended by adding a new
 article 15-B to read as follows:
                               ARTICLE 15-B
                    PRESERVATION OF HONEY BEE COLONIES
 SECTION 175-V. RELOCATING HONEY BEE COLONIES.
   § 175-V. RELOCATING HONEY BEE COLONIES. 1. TO PRESERVE HONEY BEE COLO-
 NIES IN THE STATE, ANY PERSON, INCLUDING CERTIFIED AND LICENSED  RESPON-
 SIBLE  PESTICIDE  APPLICATORS  AND  COMMERCIAL PESTICIDE APPLICATORS AND
 OPERATORS OPERATING IN THE STATE, SHALL CONTACT THE  DIVISION  OF  PLANT
 INDUSTRY  OF  THE  DEPARTMENT  BY  PHONE  AT  LEAST FORTY-EIGHT HOURS IN
 ADVANCE OF EXTERMINATION OF HONEY BEES TO OBTAIN ASSISTANCE IN TRYING TO
 RELOCATE NUISANCE HONEY BEE COLONIES OR HANGING SWARMS OF HONEY BEES, IN
 LIEU OF DESTROYING SUCH HONEY BEES. HONEY BEES SHALL  NOT  BE  DESTROYED
 WITHOUT PRIOR APPROVAL FROM SUCH DIVISION.
   2.  IN  THE EVENT THE DIVISION OF PLANT INDUSTRY IS NOT REACHABLE, ANY
 PERSON, INCLUDING CERTIFIED AND LICENSED RESPONSIBLE PESTICIDE  APPLICA-
 TORS  AND  COMMERCIAL PESTICIDE APPLICATORS AND OPERATORS, SHALL ATTEMPT
 TO CONTACT NO FEWER THAN THREE BEEKEEPERS IDENTIFIED BY THE LOCAL  BEEK-
 EEPING  ASSOCIATION  FOUND  ON THE CORNELL UNIVERSITY'S COLLEGE AGRICUL-
 TURAL AND LIFE SCIENCE'S  WEBSITE  AS  SWARM  COLLECTORS  SERVICING  THE
 AFFECTED  COUNTY,  IN  ORDER TO OBTAIN ASSISTANCE IN RELOCATING NUISANCE
 HONEY BEE COLONIES OR HANGING SWARMS BEFORE NUISANCE HONEY BEE  COLONIES
 OR  HANGING SWARMS OF HONEY BEES MAY BE DESTROYED. WHERE THERE ARE FEWER
 THAN THREE BEEKEEPERS LISTED ON SUCH WEBSITE IN  THE  COUNTY  WHERE  THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08359-01-3
 A. 6329                             2
              

 
 SWARM  OR  NUISANCE  COLONY  IS  LOCATED,  SUCH PERSON SHALL CONTACT ANY
 AVAILABLE BEEKEEPERS ON THE LIST IN SUCH COUNTY.
   3.  WHERE  A  SWARM  POSES AN IMMINENT DANGER TO ANY PERSON OR WHERE A
 BEEKEEPER NEEDS TO USE AN INSECTICIDE WHILE  ATTEMPTING  TO  RELOCATE  A
 SWARM BECAUSE SUCH SWARM IS AGGRESSIVE OR DISEASED, SUCH PERSON SHALL BE
 EXEMPT FROM THE PROVISIONS OF THIS SECTION.
   4.  ANY PERSON, INCLUDING CERTIFIED AND LICENSED RESPONSIBLE PESTICIDE
 APPLICATORS AND COMMERCIAL PESTICIDE APPLICATORS AND OPERATORS OPERATING
 IN THE STATE SHALL INDEMNIFY AND HOLD HARMLESS THE STATE OF NEW YORK  IN
 ANY  ACTION OR PROCEEDING ARISING OUT OF THE RELOCATION AND PRESERVATION
 OF HONEY BEES IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE.
   § 2. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal  of  any  rule  or regulation necessary for the implementation of
 this act on its effective date are authorized to be made  and  completed
 on or before such effective date.