510 ILCS 20/ Bees and Apiaries Act.

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510 ILCS 20/1

(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

(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 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

(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

(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 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

(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

(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

(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

(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

(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

(510 ILCS 20/2b-1)

Sec. 2b-1.

Transportation of packaged bees.

(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

(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

(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

(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

(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

(510 ILCS 20/4) (from Ch. 8, par. 126)

Sec. 4.

(Repealed).

(Source: Repealed by P.A. 88-138.)

510 ILCS 20/4a

(510 ILCS 20/4a)

Sec. 4a.

(Repealed).

(Source: P.A. 88-138. Repealed by P.A. 89-154, eff. 1-1-96.)

510 ILCS 20/5

(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

(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

(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

(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

(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 "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.)