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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8/22/17  7:53 pm
Commenter: Chris Ecker

So why petition the regulations??
 

     We honey bee keepers in Carroll County found out about the VDACS Regulation in February, 2017, some 90 days after they were signed into effect.  Additionally, beekeepers in three bordering counties told us that they hadn’t known of the new Regulations either.  In Carroll County we decided to aim for more robust bridges of communications to include our regional apiary inspectors for rural apiarists and work with VDACS regardless of locale or lack of technology anywhere along the field-to-VDACS spectrum of beekeepers.  We want to see ways to effectively update and catalog what’s relevant to beekeeping five, 10 and 25 years from now when our children and grandchildren are the bee keepers.  

    We are also petitioning to protect current and future Virginia bee keepers if these regulations should no longer be voluntary. This could occur with administration or policy changes at the local, state, national or international level.

    Considering that we are one small club of bee keepers who had input and suggestions, we quickly concluded that the synergism of every bee keeper is valuable input to update or add to definitions, BMP’s, etc. in current Regulations.  Moving forward, we formed an ad hoc committee to review, then took, state administrative, and local and state legislative steps to allow more rural apiarist (1) a reinforced line of communications to and from the state, (2) document waiver requests to assist, for example, apiarists with natural bee keeping as their goal, or those who live on odd shaped properties and have difficulty locating hives per regulations, or, persons living under Home Owners Associations that might have rules affecting fence heights - there are many scenarios - and (3) to formerly utilize VSBA, and, where broadband is lacking, use VDACS & Regional Apiary Inspectors to reach out to bee keepers through county assets such as (VT) County Extension Units, Farm Bureaus, or other media outlets that can pass official information to bee keepers more quickly

   On a personal note, having successfully worked in government and using waivers in radiation health, radioactive controls, and something that used to be called the Personnel Reliability Program - the standards for personnel who fire nuclear weapons, and other high profile / high risk programs, I believe there’s room for waivers in bee keeping.  And in any program there is usually room to improve communications up and down the line.

Happy & prosperous bee keeping to all,

Mr. Chris Ecker

Carroll County bee club member & ad hoc team recorded

CommentID: 62753
 

8/28/17  7:59 pm
Commenter: Maddy, local bee club

In support of petition
 

 Not enough flexibility baked into the regs, and no mention of observation hives, natural bee keeping or different hive systems.  Survey was limited regarding original regs and lack of communication did not allow all bee keepers to weigh in to the (potential) regs.  I find these regs disturbing as they could easily become law.

CommentID: 62754
 

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.

 

CommentID: 62755
 

8/29/17  10:30 pm
Commenter: Chris McDonald

Goverment rule
 

Under the heading of 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. Incredible!

CommentID: 62756