California Food and Agricultural Code

§ 29201

FAC § 29201 Effective Jan 1, 2023Div. 13 · Ch. 1 · Art. 14

Statute text

(a)The secretary, or the commissioner, or any inspector acting under their direction, may 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. The inspector shall give notice of the inspection where the notice would not interfere with the purpose of the inspection. To the greatest extent possible, the beekeeper or their representative may be present for an internal inspection of the hives. The right of inspection shall occur at reasonable times, and shall not include any dwelling. If the inspector desires entry to any dwelling because the inspector suspects maintenance problems regarding a colony, hive, comb, or appliance therein, the inspector, upon request, shall obtain a warrant pursuant to the provisions of Section 1822.50 of the Civil Code and comply with the provisions therein. No person shall interfere with the entry of an inspector in the official course of the inspector’s duty. The inspector shall report the result of the inspection to the beekeeper, where feasible, within five days of the inspection. An inspector shall use appropriate sanitation protocols developed in conjunction with beekeeping industry, and included in the annual training.

(b)If the inspector finds American foulbrood disease has infected more than two hives of 99 colonies or less, or 2 percent or more of colonies of 100 or more, the inspector shall make a complete inspection of all the hives in the apiary and the owner of the hives in the apiary shall pay the cost of the complete inspection. If the inspector finds American foulbrood disease has infested less than 2 percent of colonies of 100 or more as the result of an inspection made after the disease was brought to the inspector’s attention in writing, the commissioner may assess the costs of the inspection on the person who brought the disease to the inspector’s attention.

Legislative history

Amended by Stats. 2022, Ch. 683, Sec. 17. (AB 719) Effective January 1, 2023.