Bees.

(1) Existing law creates the Apiary Board within the Department of Food and Agriculture. Existing law requires the board to consist of 5 members that are appointed by the Secretary of Food and Agriculture. Existing law requires those members to be assessment-paying beekeepers that reside in California and represent the major geographical divisions of the beekeeping industry. Existing law authorizes the secretary to appoint an additional member on the board as a public member. This bill would increase the number of board members from 5 to 7. The bill would require 6 of the 7 board members to be registered beekeepers that reside in California and are representative of the industry functions of queen breeding, pollination, or honey production. The bill would authorize the secretary to appoint the 7th member of the board, who shall be a public member. The bill would authorize the secretary, in consultation with the board, to identify a representative from the California Agricultural Commissioners and Sealers Association and a member of the industry that represents pollinated crops to serve as subject matter experts at board meetings. (2) Existing law, for purposes of the Apiary Protection Act, defines "pest" to mean American foulbrood or any other infectious disease, parasite, pest, or hereditary disease that affects bees that the secretary declares by regulations is detrimental to the welfare of the bee industry. This bill would revise the definition of "pest" to, among other things, require those regulations be done in consultation with the association representing the beekeeping industry and the board. The bill would also revise the definition of "infected," "infested," "contaminated," or "diseased." The bill would also revise the definition of "inspector." (3) Existing law, the Apiary Protection Act, requires an owner or a person in charge or possession of an apiary to comply with certain requirements, including to register the number of colonies in each apiary and the location of each apiary and to abate an infestation of an apiary upon finding an infestation to be present or receiving notice of an infestation. Under existing law, failure to comply with any requirement under the Apiary Protection Act is a crime. This bill would apply certain requirements under the Apiary Protection Act to brokers, which the bill would define as a person or entity that receives a monetary profit from the managing of beehives, hive equipment, or honey bees that they do not own, but have control of, through a private or public agreement between one or more parties. By extending certain requirements to brokers, the violation of which would be a crime, this bill would create a state-mandated local program. (4) Existing law authorizes any person to transport any contaminated hive, together with its contents, or any contaminated comb, including any frame associated with it, to a suitable place for burning, or to a licensed wax salvage plant, as specified. This bill would instead authorize any person under the supervision of the local county agricultural commissioner to transport any contaminated hive, together with its contents, or any contaminated comb, including any frame associated with it, to a suitable place for burning or disposal, or to a licensed wax salvage plant, as specified. (5) Existing law provides that no person shall move or transport any bees, comb, appliances, or colonies within the state that are diseased, except as specified. Existing law authorizes the inspector, in a summary manner, to destroy where required, any and all diseased colonies, bees, combs, or hives that are unlawfully moved within the state wherever they may be found. This bill would instead apply the above provisions to colonies, bees, combs, appliances, or hives that contain pests. (6) Existing law requires a beekeeper to report to the agricultural commissioner of the county in which the beekeeper's apiary is located, on a form approved by the secretary, each location of apiaries for which notification of pesticide usage is sought. Existing law requires each request, except as specified, to be mailed within 72 hours before locating an apiary, where feasible, but in no event later than 72 hours after locating an apiary. This bill would authorize electronic submission of the above request. (7) Existing law requires the colony strength of a bee colony to be certified after inspection on the basis of the number of active frames of bees or the square inches of brood per colony, or both, using a sampling system, approved by the secretary. This bill would instead require the colony strength of a bee colony to be certified after inspection on the basis of the number of active frames of bees per colony, as determined by either cluster count, frame count, or both, or another method approved by the secretary. (8) Existing law authorizes the secretary, or the county agricultural commissioner, or any inspector acting under their direction, to enter, if they determine it to be necessary, any location where an apiary is maintained, and make an inspection of the apiary, including ancillary buildings, as specified. Existing law authorizes the inspector to give prior notice of the inspection where the notice would not interfere with the purpose of the inspection. This bill would instead require the inspector to give notice of the inspection where the notice would not interfere with the purpose of the inspection. The bill would provide that, to the greatest extent possible, the beekeeper or their representative may be present for an internal inspection of the hives. The bill would require an inspector to use appropriate sanitation protocols, as described, during an inspection. (9) Existing law prescribes various abatement methods for diseased colonies. This bill would authorize operations to abate diseased colonies to be performed by any authorized hazardous waste facility. The bill would apply the above prescribed abatement methods to hazardous waste disposal. (10) Existing law, in lieu of prosecution, and in addition to any other specified penalty, authorizes the secretary or the county agricultural commissioner to impose an administrative civil penalty on a person who violates specified provisions of law relating to apiary registration and identification and intrastate movement of bee colonies. This bill would apply the above provision to violations of law relating to, among other things, nonconforming honey and mislabeling. (11) Existing law authorizes the secretary, in cooperation with the Regents of the University of California, to approve programs statewide to train, on a voluntary basis, beekeepers in the maintenance of colonies free of Africanized honey bees. This bill would instead authorize the secretary, in consultation with the board, to approve programs statewide to train, on a voluntary basis, beekeepers, inspectors, or county agricultural commissioners in contemporary and geographically relevant colony management, including, but not limited to, the maintenance of colonies free from Africanized honey bees. (12) This bill would also make other conforming and related changes and nonsubstantive changes. (13) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.