38-18-3.4. Abandoned apiary–Destruction, treatment or seizure of bees and equipment.
The failure to file an application registering an apiary pursuant to §38-18-3, or the failure to identify a location pursuant to §38-18-3.3, constitutes abandonment of the apiary. If the abandoned bees and bee equipment are found to be infested with a regulated pest, the secretary shall immediately treat or destroy the apiary. If the apiary is not infested with a regulated pest, the secretary may, upon finding in a contested case proceeding conducted pursuant to chapter 1-26 that there is no justifiable excuse for failure to comply with §38-18-3 or 38-18-3.3, claim and seize the abandoned bees and bee equipment for use or sale.
Source: SL 1986, ch 330, §6; SL 1989, ch 344, §2.