Bill Text: NY S04053 | 2023-2024 | General Assembly | Introduced

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Bill Title: Requires any person including certified and licensed responsible pesticide applicators and commercial pesticide applicators and operators operating in the state to contact the division of plant industry of the department of agriculture and markets by phone at least forty-eight hours in advance of extermination of honey bees to obtain assistance in trying to relocate nuisance honey bee colonies or hanging swarms of honey bees, in lieu of destroying such honey bees; makes related provisions.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - REFERRED TO AGRICULTURE [S04053 Detail]

Download: New_York-2023-S04053-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          4053

                               2023-2024 Regular Sessions

                    IN SENATE

                                    February 2, 2023
                                       ___________

        Introduced by Sen. FERNANDEZ -- read twice and ordered printed, and when
          printed to be committed to the Committee on Agriculture

        AN  ACT  to  amend  the  agriculture and markets law, in relation to the
          preservation of honey bee colonies

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. The agriculture and markets law is amended by adding a new
     2  article 15-B to read as follows:
     3                                ARTICLE 15-B
     4                     PRESERVATION OF HONEY BEE COLONIES
     5  Section 175-v. Relocating honey bee colonies.
     6    § 175-v. Relocating honey bee colonies. 1. To preserve honey bee colo-
     7  nies in the state, any person, including certified and licensed  respon-
     8  sible  pesticide  applicators  and  commercial pesticide applicators and
     9  operators operating in the state, shall contact the  division  of  plant
    10  industry  of  the  department  by  phone  at  least forty-eight hours in
    11  advance of extermination of honey bees to obtain assistance in trying to
    12  relocate nuisance honey bee colonies or hanging swarms of honey bees, in
    13  lieu of destroying such honey bees. Honey bees shall  not  be  destroyed
    14  without prior approval from such division.
    15    2.  In  the event the division of plant industry is not reachable, any
    16  person, including certified and licensed responsible pesticide  applica-
    17  tors  and  commercial pesticide applicators and operators, shall attempt
    18  to contact no fewer than three beekeepers identified by the local  beek-
    19  eeping  association  found  on the Cornell University's College Agricul-
    20  tural and Life Science's  website  as  swarm  collectors  servicing  the
    21  affected  county,  in  order to obtain assistance in relocating nuisance
    22  honey bee colonies or hanging swarms before nuisance honey bee  colonies
    23  or  hanging swarms of honey bees may be destroyed. Where there are fewer
    24  than three beekeepers listed on such website in  the  county  where  the

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08359-01-3
        S. 4053                             2

     1  swarm  or  nuisance  colony  is  located,  such person shall contact any
     2  available beekeepers on the list in such county.
     3    3.  Where  a  swarm  poses an imminent danger to any person or where a
     4  beekeeper needs to use an insecticide while  attempting  to  relocate  a
     5  swarm because such swarm is aggressive or diseased, such person shall be
     6  exempt from the provisions of this section.
     7    4.  Any person, including certified and licensed responsible pesticide
     8  applicators and commercial pesticide applicators and operators operating
     9  in the state shall indemnify and hold harmless the state of New York  in
    10  any  action or proceeding arising out of the relocation and preservation
    11  of honey bees in accordance with the provisions of this article.
    12    § 2. This act shall take effect on the sixtieth  day  after  it  shall
    13  have become a law. Effective immediately, the addition, amendment and/or
    14  repeal  of  any  rule  or regulation necessary for the implementation of
    15  this act on its effective date are authorized to be made  and  completed
    16  on or before such effective date.