Bees: apiaries: registration: colony relocation: administrative civil penalty.

Existing law, the Apiary Protection Act, provides for the regulation and management of apiaries. Existing law requires that registration of an apiary be filed with the agricultural commissioner of the county in which the apiary is located, or with the Secretary of Food and Agriculture if there is no agricultural commissioner in the county. Existing law requires every person who moves bees into the state or otherwise comes into possession of an apiary that is located within the state after the first day of January to register the number of colonies moved into the state or so acquired within 30 days after coming into possession of the apiary. This bill would instead require every person who moves bees into the state or otherwise comes into possession of such an apiary to register the name of the owner and the number and location of colonies moved into the state or so acquired within 30 days after coming into possession of the apiary. To the extent that the bill would impose additional duties on county agricultural commissioners, the bill would impose a state-mandated local program. Existing law prohibits a person from maintaining any apiary that is not registered pursuant to the above-described provisions. This bill would instead provide that it is unlawful for a person to maintain any apiary that is not registered pursuant to those provisions. Existing law requires any person relocating a colony of bees from a registered apiary in one county to another county, where the apiary is currently not registered, to notify the destination county agricultural commissioner by telephone within 5 days of the first movement. This bill would instead require any such person relocating a colony of bees to make that notification within 72 hours of the first movement. Existing law provides that any apiary operator or his or her designated representative relocating a colony of bees within a county where the apiary is currently registered is not required to notify the county agricultural commissioner of the movement. This bill would instead require any apiary operator or his or her designated representative relocating a colony of bees within a county where the apiary is currently registered to notify the county agricultural commissioner of the movement. By imposing new notification requirements, a violation of which is a crime, the bill would impose a state-mandated local program. Existing law makes it an infraction for any person to fail to comply with specified requirements governing bee management, and imposes specified penalties for each infraction, as prescribed. Existing law further subjects any person not complying with those requirements, or any notice or order issued pursuant to certain provisions or regulations, to a civil penalty of not more than $500 for each day that the violation continues. This bill would, on and after January 1, 2020, additionally authorize the secretary or a county agricultural commissioner, in lieu of prosecution, and in addition to any other penalties prescribed for violations of specified provisions regulating bee management, to impose an administrative civil penalty for a violation of certain requirements regulating the registration and identification of apiaries and the relocation of bee colonies, pursuant to a prescribed hearing and appeals process. This bill would also make various nonsubstantive changes. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.