38-18-1. Definition of terms. Terms used in this chapter mean: (1)”Apiary,” any place where one or more colonies of bees are kept; (2)”Appliances,” any apparatus, tools, machines, or other devices, used in the handling and manipulating of bees, honey, wax, and hives. The term includes containers of honey and wax which may be used in […]
38-18-10. Infested colony or apiary as public nuisance–Treatment or destruction of infested apiaries–Violation as misdemeanor–Additional penalty. Any colony or apiary infested with a regulated pest is a public nuisance. The owner or person in charge of maintaining an apiary shall, upon finding that a regulated pest is present in the apiary, immediately treat the regulated […]
38-18-11. Exposure of infected bees or equipment as misdemeanor–Additional penalty. No person may expose any bees, bee equipment, or appliances infected with pests in a manner or in a place where the pest could be transmitted or disseminated to other bees or bee equipment. Any violation of this section is a Class 1 misdemeanor. In […]
38-18-12. Inspection programs–Employment of personnel–Investigation and control of diseases–Movement of bees in and out of state. The secretary shall establish an apiary and a honey house inspection program. The secretary shall employ personnel to investigate outbreaks of pests and take suitable measures for their eradication or control. The secretary may enter into compliance agreements or […]
38-18-13. False information or hindering of enforcement as misdemeanor. It is a Class 1 misdemeanor for any person to knowingly give false or incomplete information in any application or permit required by this chapter or to resist, impede, or hinder the secretary in the discharge of his duties pursuant to this chapter. Source: SL 1947, […]
38-18-14. Access of departmental personnel to premises and apiaries. The secretary may enter any private or public premises on which an apiary or any bee equipment is located to ascertain the existence of pests or regulated pests. Source: SL 1947, ch 6, §3; SL 1959, ch 2, §3; SDC Supp 1960, §4.1103; SL 1976, ch […]
38-18-15. Certificate of inspection–Issuance and contents–Certificate of health–Duration–Revocation. If an apiary is inspected, a certificate of inspection shall be issued. The certificate of inspection shall indicate the findings of the inspector. If the apiary is found to be apparently free of regulated pests and to be in compliance with the provisions of this chapter, a […]
38-18-16. Written order by secretary to treat or destroy apiary, regulated pests or exotic bees–Action by secretary if order not obeyed–Secretary authorized to sell salvageable equipment and bees. If any regulated pest is found to exist in an apiary, the secretary shall issue a written order to the person owning or in charge of the […]
38-18-16.1. Hearing–Staying of effective date of order–Exception–Affirmation, amendment or revocation of order. Any owner of an apiary who has been ordered to treat, destroy, or remove an apiary or regulated pest pursuant to §38-18-16, may request a hearing pursuant to chapter 1-26 before the date specified in the order. The request shall stay the effective […]
38-18-16.2. Failure to comply with order–Strict liability for costs of destruction. Any person who fails to comply with a written notice pursuant to §38-18-16 is strictly liable to the department for all costs accrued to the secretary for the destruction of the exotic bees, regulated pest, or apiary. Source: SL 1986, ch 330, §21.
38-18-19. Quarantine of bees, equipment, and premises–Unauthorized removal or handling as misdemeanor–Continuation until determination by secretary. The secretary may place any apiaries, bees, bee equipment, bee products, honey houses, or appliances where regulated pests are found to exist under quarantine. The removal or handling of any quarantined bees, apiaries, bee equipment, honey houses, or appliances […]
38-18-20. Written order to place honey house in sanitary condition–Failure to obey as misdemeanor. If the secretary determines, pursuant to rules promulgated pursuant to the provisions of chapter 1-26, that unsanitary conditions exist in the operation of any honey house, the secretary shall order the operator of the honey house in writing to place the […]
38-18-21. Certificate of health or compliance agreement required for bees and used bee equipment imported from another state–Importation without certificate or compliance agreement as misdemeanor. All bees and used bee equipment brought into this state from other states shall be accompanied by a certificate of health issued by that state or a compliance agreement with […]
38-18-23. Certificate of health–Content–Based on actual inspection. The certificate of health shall certify to the apparent freedom from regulated pests, and shall be based on actual inspection of bees and material within ninety days of the date of shipment. Source: SL 1947, ch 6, §11; SL 1959, ch 2, §7; SDC Supp 1960, §4.1111; SL […]
38-18-25. Unlawfully imported bees subject to seizure–Destruction or treatment if found to be infested–Notice of intent to seize–Owner to comply with provisions of this chapter or remove bees from state–Assessments of costs. Any bees brought into this state without an entrance permit or a compliance agreement shall be seized by the secretary. If the bees […]
38-18-26. Certificate of inspection required to transfer ownership of bees or used bee equipment–Copy to recipient of bees–Violation as misdemeanor. No person may sell, offer for sale, give away, or transfer ownership of any apiary, bees, or used bee equipment within this state without receiving a certificate of inspection from the secretary issued within six […]
38-18-27. Request to enter compliance agreement or for additional inspections by departmental personnel–Fees and expenses. Any person may request to enter into a compliance agreement with the secretary or that the secretary make additional inspections of bees, bee equipment, or honey houses. The person requesting the agreement shall pay a fee of fifty dollars per […]
38-18-28. Promulgation of rules by secretary. The secretary, pursuant to the provisions of chapter 1-26, may promulgate rules consistent with the following: (1)To provide application forms and guidelines for location and colony registration and entrance permits; (2)To provide standards to allow apiaries to be located within three miles of each other on a temporary or […]
38-18-28.1. Restriction on movement of bees and related articles from quarantined area–Promulgation of rules. The secretary may promulgate rules, pursuant to the provisions of chapter 1-26, establishing restrictions on movement of bees or any other related article from a quarantined area within or without the state to any other area within or without the state. […]
38-18-3. Annual application for registration of apiaries–Contents–Revocation of landowner or lessee’s placement authorization–Approval or rejection of registration–Hearings–Violation as misdemeanor–Civil penalty. Any person owning, leasing, or possessing bees shall file an application registering the bees and each apiary with the secretary. The application shall be filed before the first day of February each year or within […]
