Strategy
3. National American Foulbrood Pest Management Strategy
4. Pest
5. Objectives of strategy
6. Management agency
7. Term of strategy
8. Powers used to implement strategy
9. Strategy rules
General Obligations
10. Obligation to supply information
11. Obligation to keep honey bees in moveable-frame hives
12. Exemption from obligation to keep honey bees in moveable-frame hives
13. Access to beehives
14. Restrictions on use of drugs
Notification of Places as Apiaries
15. Prohibition on keeping bees in place other than apiary
16. Transitional provision for notification of apiaries
17. Place may be notified as apiary
18. Seasonal apiaries
19. Allocation of identification code
20. Marking of apiaries
21. Removal of identification code
22. Use of marks similar to identification codes
23. Register of apiaries
24. Place ceasing to be apiary
25. Destruction of beehives posing risk
26. Notification of American foulbrood
27. Annual Disease Return
28. Obligation of beekeeper to destroy honey bees and materials
29. Prohibition on dealings with materials associated with American foulbrood
30. Exemptions for research, education, and training
31. Dealing with products from honey bee colony with American foulbrood
Inspection
32. Certificate of Inspection
33. Statement by person inspecting honey bee colonies
34. Obligation to notify beekeeper of American foulbrood case
35. Obligation to specify approved methods
Certificate of Inspection Exemption
36. Certificate of Inspection Exemption
37. Disease Elimination Conformity Agreement
38. Amendment of Disease Elimination Conformity Agreement by management agency
39. Review of Certificate of Inspection Exemption
Inspections and Audits
40. Inspections and audits
Funding and Compensation
41. Funding of strategy
42. Compensation
(2) This order comes into force on 1 October 1998.
"American foulbrood case" means a honey bee colony displaying any of the clinical symptoms of American foulbrood:
"Apiary" means a place to which clause 16 applies or a place notified as an apiary in accordance with clause 17:
"Appliance" means any beehive, comb, extractor, or other object, that is being or has been used in connection with beekeeping:
"Authorised person" means a person appointed under section 103(1)(b) of the Act for the purposes of the strategy:
"Bee product" means honey, honeydew honey, beeswax, venom, propolis, pollen, or royal jelly; and includes any other product collected by honey bees, derived from honey bees, or derived from a bee product:
"Beehive" means a thing constructed for the keeping of honey bees and that is being used or has been used for that purpose; but does not include an introduction cage or a mailing cage:
"Beekeeper" means a person who owns beehives:
"Certificate of Inspection Exemption" means an exemption granted under clause 36:
"Disease Elimination Conformity Agreement" means the document signed in accordance with clause 37:
"Honey" means the fluid, viscous, or crystallised substance produced by honey bees from the nectar of blossoms or from secretions of or on, living parts of plants other than blossoms, which honey bees collect, transform, or combine with substances of their own, and store in combs:
"Honey bee" means Apis mellifera; and includes its eggs, larvae, pupae, and semen.
"Honey bee colony" means a group of honey bees living in a beehive, but does not include a queen honey bee and attendant worker honey bees for the time being held in a mailing cage or an introduction cage:
"Identification code" means the code given to or used by a beekeeper in accordance with clause 19:
"Introduction cage" means a cage used for introducing a queen honey bee to a beehive:
"Mailing cage" means a cage used for transporting a queen honey bee and attendant worker honey bees:
"Moveable-frame hive" means a beehive containing frames in which the combs are built, and where the frames may be separately and easily removed from the beehive for examination without causing damage to the combs.
(b) During the 5 years beginning on 1 July 2003, by an amount sufficient to ensure that the reported incidence of of American foulbrood cases in the year beginning on 1 July 2007 is 0.1% or less.
(b) To identify American foulbrood cases in beehives; and
(c) To eliminate American foulbrood in beehives by destroying any American foulbrood cases and associated bee products, and destroying or sterilising associated appliances.
(2) The powers conferred on an authorised person under sections 106, 109, 119, 121, 122, and 130 of the Act may bc exercised to implement the strategy.
(b) Persons who own or occupy land or have owned or occupied land on which a honey bee colony, bee product, or appliance is or has been located:
(c) Persons who are or have been in charge of a honey bee colony, bee product, or appliance:
(d) Persons who are or have been in charge of the keeping of honey bees:
(e) Persons who are or have been in charge of a diagnostic laboratory.
(3) A person required to provide information in accordance with this clause must provide that information within the time specified by the authorised person.
(4) A breach of this rule, without reasonable excuse, is an offence under section 154(q) of the Act.
(2) A person who keeps honey bees and who has an exemption in accordance with clause 12 is exempt from the obligation in subclause (1) of this clause if those honey bees are kept in accordance with the exemption.
(3) A breach of this rule, without reasonable excuse, is an offence under section 154(q) of the Act.
(b) Rearing of queen honey bees:
(c) Packages of honey bees for stocking beehives:
(d) Public display.
(2) A breach of this rule, without reasonable excuse, is an offence under section 154(q) of the Act.
(2) The provisions of subclause (1) do not apply where a drug is used in accordance with an approval granted under section 25(2) of the Apiaries Act 1969.
(3) A breach of this rule, without reasonable excuse, is an offence under section 154(q) of the Act.
(b) That place has been notified as an apiary, in accordance with clause 17, by that beekeeper.
(b) That beekeeper was the person who registered the apiary under the Apiaries Act 1969 or the person who had notified the Registrar of his or her occupancy under section 6(2) of the Apiaries Act; and
(c) That beekeeper owned the beehives in that apiary on 1 October 1998 and continues to own those beehives; and
(d) Where there is more than 1 beehive in that apiary, each beehive owned by the beekeeper is situated 200 metres or less from another beehive owned by the same beekeeper.
(b) In the case of a group of beehives, each beehive within that group is situated 200 metres or less from another beehive owned by the same beekeeper.
(3) The notification of an apiary must be in writing and must include the full name and address of the beekeeper and the number of honey bee colonies in the apiary, the name and initial of the occupier of the place where the apiary is situated, the road name (if any) and address of the place where the apiary is situated, and a written description of the location of the apiary, including a Land Information New Zealand Topographic Map 260 Series grid reference.
(4) The notification must state whether the beehives are situated in the apiary for all of the calendar year or for specified months of the calendar year.
(2) Despite anything to the contrary in this order, a seasonal apiary continues to be an apiary as long as beehives owned by the beekeeper who notified the place to the management agency as an apiary are situated in that place for more than 30 consecutive days in any year beginning on 1 July.
(2) Where a code number was allocated to a beekeeper under section 5 of the Apiaries Act 1969, the beekeeper may continue to use that code.
(2) Unless subclause (1) applies, a beekeeper must mark the beekeeper's hive within each apiary or on a identification code on the outside of a bee sign within each apiary, where the beehives are owned by that beekeeper,-
(b) On or before 31 October 1998, if clause 16(1) applies.
(4) A breach of this rule, without reasonable excuse, is an offence under section 154(q) of the Act.
(2) Where a beekeeper transfers the ownership of a beehive marked with identification codes, the beekeeper must-
(b) Notify the management agency of-
(ii) The alteration or removal of the identification codes.
(b) That mark is an identification code, and that identification code was not allocated to the person marking or using the code.
(2) The register must include all the information supplied to the management agency in accordance with clause 17 and all other relevant information supplied to the management agency or to an authorised person in accordance with the strategy rules.
(2) Where an apiary has been notified to the management agency as a seasonal apiary, that place ceases to be an apiary if no beehives owned by the beekeeper who notified that apiary have been situated in that place for more than 30 consecutive days in any year beginning on 1 July.
(3) When a place ceases to be an apiary, the beekeeper must notify the management agency in writing within 30 days.
(4) A breach of this rule, without reasonable excuse, is an offence under section 154(q) of the Act.
(b) The provisions of clause 16 do not apply; and
(c) An authorised person has complied with subclause (2); and
(d) The beekeeper has not notified the management agency of that place as an apiary before the expiry of the time limits in subclause 2(b) or (c), whichever is the later,-
(2) Before action is taken under subclause (1), an authorised person must make reasonable attempts to find the owner of the beehives by-
(b) Fixing 1 weatherproof notice to 1 of the beehives instructing the owner to notify the management agency of that place as an apiary within 30 days of the date of the notice; and
(c) Publishing a notice in a daily newspaper circulating in the place where the beehives are situated and a notice in the official journal of the management agency; and each notice must include the location of the beehives and an instruction to the owner of the beehives to notify the management agency of that place as an apiary within 30 days of the date of the last publication of that notice.
(2) A breach of this rule, without reasonable excuse, is an offence under section 154(q) of the Act.
(2) An Annual Disease Return must be in the form provided by or obtained from the management agency and must contain-
(b) The location of each beehive where an American foulbrood case was found and the dates on which those cases were discovered; and
(c) The dates on which the ownership of any beehives was transfer to or from the beekeeper and, in each case, the number of beehives transferred and the name and address of the transferee and transferor; and
(d) Any change to the information supplied to the management agency in accordance with clause 17.
(2) the provisions of this clause do not apply to-
(b) A person acting in accordance with a permission, regulation, or authorisation provided for in sections 52 or 53 of the Act; or
(c) A person acting in accordance with an exemption given under clause 30.
(b) An appliance associated with that honey bee colony, other than an appliance sterilised by a method approved by the management agency,-
(2) The method approved by the management agency must be a method generally recognised by the scientific community as effective in sterilising appliances contaminated with American foulbrood.
(3) The provisions of this clause do not apply to a person referred to in clause 28(2).
(4) A breach of this rule, without reasonable excuse, is an offence under section 154(q) of the Act.
(2) The management agency may grant an exemption only if, in the opinion of the management agency, the exemption will not allow the exposure or spread of American foulbrood or Paenibacillus larvae larvae beyond the area specified in the exemption.
(3) The management agency may at any time withdraw or amend the exemption-
(ii) That the exemption is resulting, is likely to result, or has resulted in the exposure or spread of American foulbrood or Paenibacillus larvae larvae beyond the area specified in the exemption; or
(2) A person is exempt from the prohibition in subclause (1) if that person-
(b) Is acting in accordance with the written consent of an authorised person.
(4) A breach of this rule, without reasonable excuse, is an offence under section 154(q) of the Act.
(2) The inspection specified in subclause (1) may, if the beekeeper agrees, be carried out by a person named as a person responsible for disease management in a Disease Elimination Conformity Agreement between any other beekeeper and the management agency.
(3) Within 14 days after the inspection is completed or before 15 December of each year, whichever is the earlier, every beekeeper must complete a Certificate of Inspection in a form provided by or obtained from the management agency and forward to the management agency the Certificate of Inspection together with the statement made in accordance with clause 33.
(4) The obligations in subclauses (1) and (3) do not apply to a beekeeper who holds a Certificate of Inspection Exemption from the management agency.
(5) A breach of this rule, without reasonable excuse, is an offence under section 154(q) of the Act.
(b) the location (including the road name, if any, and the address of the place) of the honey bee colonies inspected; and
(c) The number of honey bee colonies inspected in each place; and
(d) The name and initial of the occupier of the place where the honey bee colonies are situated; and
(e) The date of the inspection; and
(f) The location and number of American foulbrood cases (if any) and the dates on which those cases (if any) were found; and
(g) A record of the actions taken (if any) by the person inspecting, in respect of each American foulbrood case found.
(2) The methods approved by the management agency must be methods generally recognised by the scientific community as effective in the detection of American foulbrood.
(2) The management agency must grant a Certificate of Inspection Exemption to any beekeeper in relation to beehives owned by that beekeeper if that beekeeper enters into a Disease Elimination Conformity Agreementwith the management agency.
(3) The management agency must, by notice in writing to the beekeeper, revoke a Certificate of Inspection Exemption if requested, in writing, at any time, by the beekeeper to do so, and the Disease Elimination Conformity Agreement is cancelled at the time of the revocation.
(b) The management agency is satisfied-
(ii) The beekeeper is likely to implement the practices and procedures set out in the agreement; and
(iii) The persons named in the agreement as responsible for disease management are sufficiently familiar with and are suitable persons to supervise or carry out the practices and procedures specified in the agreement.
(b) The number of inspections to be carried out each year; and
(c) The times during the year when the inspections will be carried out; and
(d) The systems to be used to record the time of inspections, the results of the inspections and the actions taken in respect of American foulbrood cases and associated bee products and appliances; and
(e) The systems to be used to record movements of appliances and bee products in and out of an apiary; and
(f) The methods to be used to destroy American foulbrood cases and associated appliances and bee products, including, where necessary, the movement of such cases, appliances, and bee products; and
(g) The methods to be used to sterilise appliances salvaged in relation to any American foulbrood case; and
(h) The methods to be used to sterilise and disinfect appliances used in inspecting honey bee colonies for American foulbrood; and
(i) The name of the natural persons who are-
(ii) Responsible for liaising with the management agency in relation to the agreement
(4) The methods specified by a Disease Elimination Conformity Agreement for inspection or sterilisation are not required to be methods approved under clause 29 or clause 35, but must be methods generally recognised by the scientific community as methods effective in detecting American foulbrood or in sterilising appliances contaminated with American foulbrood.
(b) Not zero and is not likely to decrease unless the amendment is made.
(b) The overall annual rate of American foulbrood cases is increasing in the beehives owned by that beekeeper.
(3) The Disease Elimination Conformity Agreement is cancelled at the time of the revocation.
(b) Audit the accuracy of the statements regarding American foulbrood made in Annual Disease Returns, Certificates of Inspection, and notifications of American foulbrood cases; and
(c) Audit beekeepers' compliance with the provisions of clauses 28, 29, and 31 and the obligations in any applicable Disease Elimination Conformity Agreements; and
(d) Carry out surveillance of beehives to detect American foulbrood cases; and
(e) Carry out work, other than the work specified in paragraphs (a), (b), c), or (d), to enable the management agency to measure the success of the strategy in achieving its primary objective.
(3) In carrying out the matters specified in subclause (1)(b) to (e), the management agency must-
(b) Carry out statistically significant sampling to verify the statements regarding American foulbrood made in Annual Disease Returns, Certificates of Inspection, and notifications of American foulbrood cases; and
(c) Analyse the Annual Disease Returns, Certificates of Inspection, notifications of American foulbrood cases, and the results of the spore testing conducted under paragraph (a).
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