Section 174. Keeping of diseased and banned bees prohibited; existence of disease to be reported

1. No person shall keep  in  his  possession  or  under  his  care  any  colony  of  bees  affected  with  a contagious or
  infectious  disease  or  infested  by  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  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 population, crops, or other plants, shall at once report such
  fact  to the commissioner, stating all facts known to him with reference
  to said contagion, infection, or exposure.
    2. No person shall  hide  or  conceal  any  bees  or  used  beekeeping
  equipment  from  the  inspector  or give false information in any manner
  pertaining to this article. No person shall resist, impede or hinder the
  commissioner or his duly authorized representatives in the discharge  of
  his or their duties.
    3.  Whenever  the  commissioner or his duly authorized representatives
  shall determine that any colony of bees,  bee  material,  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 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  duly
  authorized representatives.
    4.  All  species  and 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 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 adversely affecting bees, or with  or
  to  species  or  subspecies of bees which have been determined by him to
  cause injury,  directly  or  indirectly,  to  this  state's  useful  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  duly  authorized
  representative   discloses  that  any  apiary,  appliances,  structures,
  colonies or comb constitute  a  nuisance  within  the  meaning  of  this
  section,  the  commissioner  or  his 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 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 charge will not consent to the  abatement
  of  the nuisance by immediate destruction or treatment, the commissioner
  or his duly authorized representative shall notify in writing the owner,
  occupant or person in charge of the premises 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  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 order directs the destruction of any bees,  hives,  fixtures
  or appurtenances and the owner thereof considers himself to be aggrieved
  thereby, he 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.  Upon  receipt  of
  such  notice,  the commissioner shall cause an investigation to be made.
  The request for a review shall act to stay  all  proceedings  until  the
  matter  has  been investigated and a final determination rendered by the
  commissioner. During the time specified in  the  order  and  during  any
  extended  time  permitted  by  reason  of  such  review  the quarantined
  colonies and equipment shall not be removed, molested or  tampered  with
  except  by written permission of the commissioner or his 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 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 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 therefrom.
    9. The commissioner may promulgate rules and regulations to  establish
  appropriate   tolerance   levels  for  insects  or  parasitic  organisms
  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
  commissioner may consider such apiary to be a nuisance and may order the
  destruction or treatment of the apiary  as  set  forth  in  subdivisions
  four, five and six of this section.