Livestock Disease Control Amendment (Beekeeping) Regulations 2019 (Vic)

Livestock Disease Control Amendment (Beekeeping) Regulations 2019

S.R. No. 42/2019

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Principal Regulations

5Definitions

6Restrictions on introduction of bees, bee products, pollen and used beekeeping fittings—disease of bees

7New regulations 74A to 74P inserted

8Infringement penalties and offences against these Regulations

9Schedule 2—Notification of diseases

10Schedule 6—Introduction of bees, bee products, fodder or used beekeeping fittings into Victoria

11Schedule 7—Introduction of honey, beeswax, pollen or used beekeeping fittings from a hive affected by American foulbrood disease into Victoria

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Endnotes

STATUTORY RULES 2019

S.R. No. 42/2019

Livestock Disease Control Act 1994

Livestock Disease Control Amendment (Beekeeping) Regulations 2019

The Governor in Council makes the following Regulations:

Dated: 12 June 2019

Responsible Minister:

JACLYN SYMES
Minister for Agriculture

PIETA TAVROU

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Livestock Disease Control Regulations 2017—

(a)to provide further for the prevention and control of diseases of bees; and

(b)to provide for the recording of information relating to the inspection, treatment, movement and introduction of hives and bees; and

(c)to make other minor changes.

2Authorising provision

These Regulations are made under section 139 of the Livestock Disease Control Act 1994.

3Commencement

These Regulations come into operation on 12 June 2019.

4Principal Regulations

In these Regulations, the Livestock Disease Control Regulations 2017[1] are called the Principal Regulations.

5Definitions

In regulation 5 of the Principal Regulations—

(a)insert the following definitions—

"apiary means a group of one or more hives assembled in one area or location for beekeeping;

arthropod bee disease means—

(a)Braula fly (Braula coeca);

(b)Tropilaelaps mite (Tropilaelaps clareae and Tropilaelaps mercedesae);

(c)Varroosis (Varroa destructor and Varroa jacobsoni);

commercial beekeeper means a beekeeper who is the owner of 50 or more hives;

foundation means a sheet of plastic or beeswax impressed with a pattern of cell bases;

pooled honey sample means a sample of honey containing honey from at least 20 per cent of the total number of hives kept by a beekeeper chosen at random;

sterilise, in relation to a hive or beekeeping fittings, means—

(a)subjecting the hive or beekeeping fittings to gamma irradiation at a minimum radiation dose of 15 kilogray; or

(b)dipping the hive or beekeeping fittings for a minimum of 10 minutes in hot wax held at a minimum temperature of 150°C;

swarm catch box means a box placed for the purpose of attracting and catching a swarm of bees;

weak hive means a hive containing a colony of bees that are unable to prevent robbing of the hive by robber bees.";

(b)in the definition of veterinary practitioner, for "1997." substitute "1997;".

6Restrictions on introduction of bees, bee products, pollen and used beekeeping fittings—disease of bees

In regulation 54 of the Principal Regulations, for "American foul brood" (wherever occurring) substitute "American foulbrood".

7New regulations 74A to 74P inserted

After regulation 74 of the Principal Regulations insert—

"74A   Visual examination of hives for disease

A beekeeper must visually examine each hive kept by the beekeeper for the presence of disease 2 or more times in any 12-month period with a minimum of 4 months between 2 examinations.

Penalty:10 penalty units.

74BTesting of hives for arthropod bee disease

(1)A beekeeper must test one hive per apiary kept by the beekeeper for the presence of arthropod bee disease 2 or more times in any 12-month period with a minimum of 4 months between 2 tests.

Penalty:10 penalty units.

(2)A beekeeper must test for arthropod bee disease under subregulation (1) by using the drone uncapping method and—

(a)the sugar shake method; or

(b)the alcohol wash method.

Penalty:10 penalty units.

74CTesting for the presence of American foulbrood disease

A commercial beekeeper must provide annually a pooled honey sample to a laboratory for testing for the presence of American foulbrood disease.

Penalty:10 penalty units.

74DAction taken to control disease in a hive

A beekeeper must take action to control any disease in a hive kept by the beekeeper.

Penalty:10 penalty units.

74EHives that no longer contain a colony of bees

If a hive kept by a beekeeper no longer contains a colony of bees, the beekeeper must remove the hive from the apiary and render the hive inaccessible to robber bees.

Penalty:10 penalty units.

74FAction taken to strengthen a weak hive

(1)A beekeeper must take action to strengthen a weak hive kept by the beekeeper.

Penalty:10 penalty units.

(2)Without limiting subregulation (1), a beekeeper may take action to strengthen a weak hive by—

(a)reducing the entrance size of the hive; or

(b)reducing the size of the hive; or

(c)providing additional food for the bees; or

(d)requeening the hive; or

(e)supplementing the number of bees in the hive by adding healthy bees from another hive; or

(f)uniting weak hives.

74GAbandonment of hives

A beekeeper must not abandon a hive previously kept by the beekeeper.

Penalty:10 penalty units.

74HBees, hives and beekeeping fittings no longer required for beekeeping

(1)A beekeeper must ensure that any bees kept by the beekeeper that are no longer required for beekeeping are—

(a)sold; or

(b)given away; or

(c)destroyed.

Penalty:10 penalty units.

(2) A beekeeper must ensure that any hives, beekeeping fittings or beekeeping livestock products that are not being used for beekeeping are—

(a)treated or stored in a manner that renders the hives, beekeeping fittings or beekeeping livestock products inaccessible to bees; or

(b)sold; or

(c)given away; or

(d)destroyed.

Penalty:10 penalty units.

74IOffence to sterilise or destroy hives or beekeeping fittings infected with American foulbrood disease before notifying an inspector

A beekeeper must not sterilise or destroy a hive or beekeeping fittings before notifying an inspector of the infection or suspected infection of a hive with American foulbrood disease under section 7(1) of the Act.

Penalty:10 penalty units.

74JSale or use of hives or beekeeping fittings that have been infected with American foulbrood disease

A person must not sell or use a hive or beekeeping fittings which have been infected with American foulbrood disease, or have come into contact with other hives or beekeeping fittings infected with American foulbrood disease, unless the hive or beekeeping fittings have been sterilised.

Penalty:10 penalty units.

74KOffence to wax dip certain items that have been infected with American foulbrood disease

A beekeeper must not wax dip plastic frames, honeycombs, hive mats or plastic parts that have been infected with American foulbrood disease.

Penalty:10 penalty units.

74LOffence to use antibiotics to treat hives infected with American foulbrood disease

A beekeeper must not use an antibiotic to treat a hive infected with American foulbrood disease.

Penalty:10 penalty units.

74MConstruction of hives

A beekeeper must ensure that a hive kept by the beekeeper—

(a)is only accessible to bees from openings specifically designed and manufactured for the purpose of providing bee access; and

(b)is otherwise constructed and maintained to have intact external surfaces.

Penalty:10 penalty units.

74NSwarm catch boxes

(1)A person must not use a swarm catch box that contains honey, brood, pollen or foundation that has previously been worked by bees.

Penalty:10 penalty units.

(2)A person must not use a swarm catch box unless—

(a)the swarm catch box is marked with the following information—

(i)the name of the person;

(ii)if the person is a registered beekeeper, the registered brand of the beekeeper;

(iii)the contact telephone number of the person; and

(b)the marked information referred to in paragraph (a) is legible and not less than 19 millimetres in height.

Penalty:10 penalty units.

74OBees to have access to water

A beekeeper must provide sufficient water to sustain bees kept by the beekeeper.

Penalty:10 penalty units.

74PRecords to be kept in relation to beekeeping

(1)A beekeeper must keep the following legible records—

(a)in relation to visual examination of hives for disease under regulation 74A—

(i)the date of examination; and

(ii)an assessment of the strength of the hives in the apiary; and

(iii)the diseases found in the hives (if any);

(b)in relation to testing of hives for arthropod bee disease under regulation 74B—

(i)the date of testing; and

(ii)the method of testing (drone uncapping and sugar shake or alcohol wash); and

(iii)an assessment of the strength of the hive;

(c)in relation to testing for American foulbrood disease, including a test under regulation 74C—

(i)the date of collection of the honey sample or brood sample; and

(ii)the laboratory report of the test;

(d)the details of actions taken to control any disease in a hive kept by the beekeeper;

(e)in relation to the movements of hives and swarm catch boxes—

(i)the dates the hives and swarm catch boxes were moved; and

(ii)the number of hives and swarm catch boxes moved; and

(iii)the address of the property from which the hives and swarm catch boxes were moved; and

(iv)the address of the property to which the hives and swarm catch boxes were moved;

(f)in relation to the introductions of bees, used hives or hive components into a beekeeper's apiary from another location within Victoria—

(i)the date of introduction; and

(ii)the location of origin of the bees, used hives or hive components; and

(iii)the location where the bees, used hives or hive components are being introduced; and

(iv)if the bees, used hives or hive components were supplied by, or sourced from, another person, the name, address and contact details of that person.

Penalty:10 penalty units.

(2)A beekeeper must retain a record made under subregulation (1) for a period of 3 years.

Penalty:10 penalty units.".

8Infringement penalties and offences against these Regulations

(1)For regulation 111(1) of the Principal Regulations substitute—

"(1)For the purposes of section 126(1) of the Act, regulations 32(2), 33(2), 37, 43, 64(1), 64(2), 66(3), 74A, 74B(1), 74B(2), 74C, 74D, 74E, 74F(1), 74G, 74H(1), 74H(2), 74I, 74J, 74K, 74L, 74M, 74N(1), 74N(2), 74O, 74P(1), 74P(2), 84A(1), 84A(2), 86, 87, 88(1), 88(2), 89, 90, 91, 92, 93(1), 94(1), 94(2), 95, 96(1), 96A, 97(1), 98, 98A and 99(1) are prescribed.".

(2)For regulation 111(3) of the Principal Regulations substitute—

"(3)For the purposes of section 129 of the Act, the prescribed infringement penalty for an offence against regulation 64(1), 64(2), 74A, 74B(1), 74B(2), 74C, 74D, 74E, 74F(1), 74G, 74H(1), 74H(2), 74I, 74J, 74K, 74L, 74M, 74N(1), 74N(2), 74O, 74P(1), 74P(2), 84A(1), 84A(2) or 99(1) is 2 penalty units.".

9Schedule 2—Notification of diseases

(1)In Part A of Schedule 2 to the Principal Regulations, after "Anthrax" insert—

"Diseases of bees

American foulbrood (Paenibacillus larvae)".

(2)In Part B of Schedule 2 to the Principal Regulations omit "American foul brood (Paenibacillus larvae)".

10Schedule 6—Introduction of bees, bee products, fodder or used beekeeping fittings into Victoria

(1)In clause 2 of Part A of Schedule 6 to the Principal Regulations, for "American foul brood" substitute "American foulbrood".

(2)After clause 2 in Part A of Schedule 6 to the Principal Regulations insert—

"2A.As the above bees are from an apiary containing 50 or more hives, a honey culture test result issued by a laboratory has been provided to the                  [relevant State department] that is not more than 12 months old and a copy of the results accompanies this certificate.".

(3)In clause 3 of Part A of Schedule 6 to the Principal Regulations, for "Department of Economic Development, Jobs, Transport and Resources" substitute "Department of Jobs, Precincts and Regions".

11Schedule 7—Introduction of honey, beeswax, pollen or used beekeeping fittings from a hive affected by American foulbrood disease into Victoria

(1)In the heading to Schedule 7 to the Principal Regulations, for "American foul brood" substitute "American foulbrood".

(2)In Schedule 7 to the Principal Regulations, for "American foul brood" (where twice occurring) substitute "American foulbrood".

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Endnotes

[1] Reg. 4: S.R. No. 57/2017 as amended by S.R. Nos 118/2018 and 171/2018.

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Penalty Units

These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.

The value of a penalty unit for the financial year commencing 1 July 2018 is $161.19 and for the financial year commencing 1 July 2019 is $165.22.

The amount of the calculated penalty may be rounded to the nearest dollar.

The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.