Virginia Regulatory Town Hall
Agency
Department of Agriculture and Consumer Services
 
Board
Department of Agriculture and Consumer Services
 
chapter
Best Management Practices for the Operation of Apiaries in Order to Limit Operator Liability [2 VAC 5 ‑ 319]
Chapter is Exempt from Article 2 of the Administrative Process Act
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8/29/17  9:57 pm
Commenter: Carroll & Liz Hill

2VACS 319-20 through 2 VACS 319-30
 

The 2VACS 319-20 through 2VACS 319-30 were instigated to eliminate Virginia hobbyist beekeepers and to create a source for new funds and fees for the State treasury. Beekeepers are already under siege from pesticides, herbicides, fungicides, viruses, mites, hive beetles,pests and now bureaucrats!!! The reason for this liability clause 2VACS 319.20 was a lawsuit in West Virginia. The judge ruled in favor of the beekeeper yet the beekeeper went bankrupt from his legal fees. By questioning the liability of beekeeping, you have painted a big red target on beekeeper’s backs that will promote lawsuits that will fill the coffers of insurance companies and attorneys. The Department of Agriculture becomes the enforcer in investigating all complaints. If the beekeeper is not 100% in compliance, in all likelihood he will be found liable. Question: If a honeybee stings a neighbor, how can that neighbor prove whose honeybee it was? Beekeepers should be the ones to regulate themselvesas- they know more about their bees than local and State regulators. Question: If State beekeeping codes cause a loss of bees, will the State reimburse the beekeeper for the loss?  In 2VACS 319-30 Part B stipulations, the commercial beekeepers and pollinators are not addressed. How will this be enforced? Will there be a time limit of how many pollinating hives per acre can remain? Combining a colony in decline with a healthy colony goes against what most beekeepers believe. It is the responsibility of the beekeeper to determine when a hive has to be replaced or repaired- not the State. Some beekeepers collect pollen and should not be restrained by State regulations. Animal control officers will not come to apiaries to pick up possum, raccoons, or skunks that have been trapped.  It is against State law to transport live trapped animals to other areas for release. Should we kill them? Depending on winter weather and its length, different bees require different weights of honey per hive ie., Italians require 90 lbs.; Carniolans require 60 lbs; and Russians only need 45lbs. To some beekeepers, swarming is a natural form of controlling mites and acquiring new queens. Section E and F should be different for rural areas than cities. Section H 2 can’t be enforced. Bee supply companies in Georgia, Florida, Louisiana, Texas, and Mississippi are in Africanized bee zones and still sending packages, nukes, queens, and queen cells to Virginia. Requiring beekeepers to requeen after two years and replacing swarm queens in 45 days is nonsense and just a way to force beekeepers to spend money. Clipping wings and marking queens should be optional not mandatory. The number of hives per acre and placement of hives from property lines should be different for rural areas than cities.  Time of year should be taken into account, as many beekeepers move their hives to one apiary in winter. Many rural areas beekeepers have their bees on small lots that back up to mountainsides. Question: If beekeepers follow all the regulations, why can’t we put our bees on Inland Game and Fisheries Commission land?

The premise of using liability issues to regulate beekeepers in Virginia is false. These beekeeping practices are based on economics and raising future taxes, fees, and fines against Virginia beekeepers. Most notably missing from these regulations are commercial beekeepers, pollinators, and bee supply companies- that have powerful lobbies.

 

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