Illinois Apiary Act

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    12/10/2017 510 ILCS 20/ Bees and Apiaries Act.
    http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=1707&ChapterID=41&Print=True 1/6
    Information maintained by the Legislative Reference Bureau
    Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be
    included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information
    concerning the relationship between statutes and Public Acts, refer to the Guide.
    Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes
    included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a
    Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed
    from the database and you should refer to that Public Act to see the changes made to the current law.
    ANIMALS
    (510 ILCS 20/) Bees and Apiaries Act.
    (510 ILCS 20/1) (from Ch. 8, par. 123)
    Sec. 1. This Act shall be known and may be cited as the
    “Bees and Apiaries Act”.
    (Source: P.A. 82-722.)
    (510 ILCS 20/1a) (from Ch. 8, par. 123a)
    Sec. 1a. Definitions. As used in this Act, unless the
    context otherwise requires:
    “Abate” means the destruction or disinfection of bees,
    colonies, or items of bee equipment by burning or by treatment
    specified by the Department.
    “Apiary” means a place where one or more hives or colonies
    of bees are kept.
    “Bee diseases” means any infectious or contagious diseases
    of bees as specified by the Department, including but not
    limited to American foulbrood.
    “Bee equipment” means hives, supers, frames, or any other
    devices used in beekeeping.
    “Bee parasites” means any parasite of bees as specified by
    the Department.
    “Beekeeper” means a person who keeps bees.
    “Beekeeping” means the raising or producing of bees,
    beeswax, honey, and by-products and the transporting of bees,
    colonies or items of bee equipment.
    “Bees” means the common honey bee, Apis mellifera (L) in any
    stage of its life cycle.
    “Colony” means the entire honey bee family or social unit
    living together.
    “Compliance agreement” means a written agreement between a
    registrant or other person handling or moving bees, colonies or
    items of bee equipment and the Department, in which the former
    agrees to specified conditions or requirements so as to remain
    in compliance with the terms of this Act.
    “Department” means the Illinois Department of Agriculture.
    “Director” means the Director of the Illinois Department of
    Agriculture or his or her authorized agent.
    “Exotic strain of bees” means any developed strain of bees
    not known to be present ordinarily in the State as specified by
    the Department.
    “Hive” means a frame hive, box hive, box, barrel, log gum,
    skep or any other receptacle or container, natural or
    artificial, or any part thereof, which is used or employed as a
    domicile for bees.
    “Inspection certificate” means an official record stating
    that the bees, colonies, or items of bee equipment have been
    inspected by an inspector of apiaries or other officer charged
    with similar duties from this State or other states for bee
    diseases, bee parasites or other nuisances and found to be in
    compliance with this Act or Illinois entry requirements.
    “Nuisance” means bees, colonies, or items of bee equipment
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    where bee diseases, bee parasites or exotic strains of bees
    exist; or hives that cannot be readily inspected; or colonies
    that are not registered.
    “Packages” means bees with or without food supply in special
    containers for their transportation.
    “Permit” means a statement of authorization to allow bees,
    colonies, or items of bee equipment to enter the State or to
    move within the State whether or not an inspection certificate
    is available.
    “Person” means any individual, firm, partnership,
    association, corporation, or other organized group of persons
    whether incorporated or not.
    “Registrant” means the person applying for registration of
    the apiary or apiaries and the colonies of bees.
    “Registration” means the recording of the registrant’s name,
    address, apiary location and any other pertinent information on
    a printed form prescribed by the Department.
    (Source: P.A. 88-138.)
    (510 ILCS 20/2) (from Ch. 8, par. 124)
    Sec. 2. (a) Every person keeping one or more colonies of
    bees shall register with the Department annually.
    (b) Every person keeping one or more colonies of bees may be
    required to post his or her registration number in a prominent
    place within each apiary under his or her control.
    (Source: P.A. 88-138.)
    (510 ILCS 20/2-1)
    Sec. 2-1. Nuisances. All bees, colonies, or items of bee
    equipment, where bee diseases, bee parasites or exotic strains
    of bees exist; or hives that cannot be readily inspected; or
    colonies that are not registered, are declared to be nuisances
    to be regulated as prescribed by the Department. If the Department finds by inspection that any person is
    maintaining a nuisance as described in this Section, it shall
    proceed to regulate the nuisance by methods or procedures deemed
    necessary for control in accordance with rules and regulations
    of the Department. If the owner or beekeeper cannot be found or will not
    consent to the terms for regulation of the nuisance, the
    Department shall notify in writing the owner or beekeeper,
    disclose the fact that a nuisance exists, and prescribe the
    method by which the nuisance may be abated. The notice declaring
    that a nuisance exists and ordering its abatement shall include:
    (1) a statement of conditions constituting the
    nuisance;
    (2) establishment of the time period within which the
    nuisance is to be abated;
    (3) directions, written or printed, pointing out the
    methods that shall be employed to abate the nuisance;
    (4) a statement of the consequences should the owner
    or beekeeper fail to comply.
    The notice may be served personally or by certified mail
    with a return receipt requested. The directions for abatement of
    a nuisance may consist of a printed circular, bulletin or report
    of the Department, the United States Department of Agriculture
    or others, or an extract from such document. If the person so notified refuses or fails to abate the
    nuisance in the manner and in the time prescribed in the notice,
    the Department may cause the nuisance to be abated. The
    Department shall certify, to the owner or beekeeper, the cost of
    the abatement. The owner or beekeeper shall pay to the
    Department any costs of that action, within 60 days after
    certification that the nuisance has been abated. If the costs of
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    abatement are not remitted, the Department may recover the costs
    before any court in the State having competent jurisdiction. (Source: P.A. 98-756, eff. 7-16-14.)
    (510 ILCS 20/2-2)
    Sec. 2-2. Indemnity. If State funds are available for paying
    indemnity, the Department shall pay to the registrant of the
    bees an indemnity of $25 for each colony destroyed by the
    Department.
    (Source: P.A. 88-138.)
    (510 ILCS 20/2-3)
    Sec. 2-3. (Repealed).
    (Source: P.A. 88-138. Repealed by P.A. 89-154, eff. 1-1-96.)
    (510 ILCS 20/2-4)
    Sec. 2-4. Right of entry. The Department shall have the
    power to inspect or cause to be inspected from time to time any
    bees, colonies, items of bee equipment or apiary. For the
    purpose of inspection, the Director is authorized during
    reasonable business hours to enter into or upon any property
    used for the purpose of beekeeping.
    (Source: P.A. 88-138.)
    (510 ILCS 20/2a) (from Ch. 8, par. 124a)
    Sec. 2a. Intrastate transportation.
    (a) No person shall transport a colony of bees or items of
    used bee equipment between counties within this State without a
    permit or compliance agreement which shall be issued based upon
    an inspection certificate from the Department.
    (b) A colony of bees or items of used bee equipment
    transported in violation of this Section may be held and
    inspected by the Department, ordered returned to the place of
    origin, or abated.
    (Source: P.A. 88-138.)
    (510 ILCS 20/2b) (from Ch. 8, par. 124b)
    Sec. 2b. Import.
    (a) No person shall transport a colony of bees or items of
    used bee equipment into this State from another State or country
    having an inspector of apiaries or other officer charged with
    similar duties, without a permit or compliance agreement which
    shall be issued based upon an inspection certificate. Such
    colony or items of used bee equipment may be subject to
    inspection by the Director upon entry into the State.
    (b) No person shall transport a colony of bees or items of
    used bee equipment into this State from another State or country
    not having an inspector of apiaries or other officer charged
    with similar duties, unless the shipper or consignee has
    obtained from the Department a permit or compliance agreement
    for the shipment into the State. Such colonies or items of used
    bee equipment may be inspected by the Director after arrival in
    the State. A colony of bees or items of used bee equipment found
    to be infected with bee diseases or infested with bee parasites,
    or exotic strains of bees shall be ordered returned to the place
    of origin or abated.
    (c) A colony or item of used bee equipment transported in
    violation of this Section may be held and inspected by the
    Department, ordered returned to the place of origin, or abated.
    (Source: P.A. 88-138.)
    (510 ILCS 20/2b-1)
    Sec. 2b-1. Transportation of packaged bees.
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    (a) No person shall transport packaged bees for sale between
    counties within this State without an inspection certificate.
    (b) No person shall transport packaged bees for sale into
    this State from another State or country without an inspection
    certificate.
    (Source: P.A. 88-138.)
    (510 ILCS 20/2b-2)
    Sec. 2b-2. Inspection of bee colonies for sale or trade. The
    Department may require colonies of bees or items of used bee
    equipment being given, sold, leased, traded, or offered for sale
    in Illinois to be inspected.
    (Source: P.A. 88-138.)
    (510 ILCS 20/2c) (from Ch. 8, par. 124c)
    Sec. 2c. Upon a finding that there exist in this State, or
    in any other state, territory, district, province or country bee
    diseases, bee parasites, or exotic strains of bees, the Director
    may impose and enforce a quarantine restricting the
    transportation of bees, colonies, or items of used bee equipment
    capable of carrying bee diseases, bee parasites or exotic
    strains of bees into, within or throughout the State. In
    carrying out the provisions of this Section or any quarantine,
    the Director may, at the expense of the owner, when an
    infestation, infection or nuisance is located, seize or abate
    bees, colonies, or items of used bee equipment.
    When the Director finds that there exist in any other state,
    territory, district, province or country bee diseases, bee
    parasites or exotic strains of bees, with respect to which the
    United States Secretary of Agriculture has not established a
    quarantine, and that the bee diseases, bee parasites or exotic
    strains of bees coming therefrom into this State are likely to
    convey such diseases, infestations or nuisances, the Director
    shall report such fact to the Governor. The Governor may
    thereupon, by proclamation, prohibit the transportation into
    this State of such bees, colonies, or items of used bee
    equipment except under such regulations as may be prescribed by
    the Department.
    (Source: P.A. 91-357, eff. 7-29-99.)
    (510 ILCS 20/3) (from Ch. 8, par. 125)
    Sec. 3. The Department shall, each July, make a report to
    the Governor and also to the Illinois State Beekeepers’
    Association, stating the number of apiaries visited, the number
    of those diseased and treated, and the number of colonies of
    bees abated.
    (Source: P.A. 88-138.)
    (510 ILCS 20/3a) (from Ch. 8, par. 125a)
    Sec. 3a. The Director may cooperate with any other agency of
    this State or its subdivisions or with any agency of any other
    state or of the federal government for the purposes of carrying
    out the provisions of this Act and of securing uniformity of
    regulations.
    (Source: P.A. 82-722.)
    (510 ILCS 20/4) (from Ch. 8, par. 126)
    Sec. 4. (Repealed).
    (Source: Repealed by P.A. 88-138.)
    (510 ILCS 20/4a)
    Sec. 4a. (Repealed).
    (Source: P.A. 88-138. Repealed by P.A. 89-154, eff. 1-1-96.)
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    (510 ILCS 20/5) (from Ch. 8, par. 126.1)
    Sec. 5. The Director is authorized to promulgate rules and
    regulations for the enforcement and administration of this Act.
    (Source: P.A. 82-722.)
    (510 ILCS 20/6)
    Sec. 6. Illinois Administrative Procedure Act. The Illinois
    Administrative Procedure Act and the Department of Agriculture
    administrative hearing rules shall apply to this Act.
    (Source: P.A. 89-154, eff. 1-1-96.)
    (510 ILCS 20/7)
    Sec. 7. Administrative hearings and penalties. When an
    administrative hearing is held, the hearing officer, upon
    determination of a violation of this Act or rules or regulations
    promulgated under it, may levy the following administrative
    monetary penalties:
    (1) $50 for failure to register annually with the
    Department.
    (2) $50 for failure to post registration number in
    the apiary.
    (3) $50 for transporting bees intrastate without a
    permit.
    (4) $100 for maintaining hives that cannot be readily
    inspected.
    (5) $100 for transporting bees interstate without a
    permit.
    (6) $500 for failure to abate colonies infected with
    bee diseases or exotic strains of bees.
    (7) $500 for violation of a quarantine.
    (8) $100 for any other violation of this Act.
    In the case of a second or subsequent violation within 3
    years of the first offense, the penalty shall be doubled.
    (Source: P.A. 89-154, eff. 1-1-96.)
    (510 ILCS 20/8)
    Sec. 8. Investigation of applicants and registrants;
    notification of hearing; subpoenas.
    (a) The Department may, upon its own motion, and shall, upon
    the verified complaint in writing of any person setting forth
    facts, investigate the actions of any applicant, registrant or
    any person who may be in violation of this Act. At least 10 days
    prior to the date set for hearing the Department shall notify in
    writing the person, hereinafter called the respondent, that on
    the date designated a hearing will be held to determine whether
    the respondent is in violation of the Act, and shall afford the
    respondent an opportunity to be heard in person or by counsel.
    Written notice shall be served personally on the respondent, or
    by certified mail, return receipt requested, sent to the
    respondent’s business address as shown in his or her latest
    notification to the Department.
    (b) The Department, over the signature of the Director, may
    subpoena any persons in this State and take testimony orally, by
    deposition, or by exhibit, in the same manner and with the same
    fees and mileage as prescribed in judicial proceedings in civil
    cases.
    (Source: P.A. 89-154, eff. 1-1-96.)
    (510 ILCS 20/9)
    Sec. 9. Administrative review. All final administrative
    decisions of the Department are subject to judicial review under
    Article III of the Code of Civil Procedure. The term
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    “administrative decision” has the meaning ascribed to that term
    in Section 3-101 of the Code of Civil Procedure. Proceedings for
    judicial review shall be commenced in the circuit court of any
    county permitted by Section 3-104 of the Code of Civil
    Procedure.
    (Source: P.A. 89-154, eff. 1-1-96.)

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