1. (a) When, during the course of inspection, a regulated pest is found in an apiary, the inspector conducting the inspection shall:

   1. (1) Declare the honey bees and the equipment contaminated by the regulated pest to be a danger for spreading the pest, and order the isolation of affected colonies until the diagnosis is confirmed by a laboratory; and
   2. (2) Provide the beekeeper of the affected apiary with an inspection report stating the suspected diagnosis and the manner in which the diseased or infested apiary, bees, or equipment have been marked.

2. (b) Upon laboratory confirmation of the diagnosis, the inspector shall:

   1. (1) Serve notice to the beekeeper ordering abatement of the regulated pest within 10 days of the service of the notice; and

   2. (2) The notice shall be served:

      1. a. Personally or by mail to the last known address of the beekeeper; or
      2. b. By posting it in a conspicuous place in the apiary when the beekeeper is not known.
3. (c) The beekeeper shall, at the request of the inspector, provide the location of every apiary the beekeeper owns or operates in New Hampshire.

4. (d) The inspector, after informing the director of the division of plant industry, shall, at the beekeeper’s expense, abate the pest immediately after expiration of the time specified in the notice, if:

   1. (1) The beekeeper of an apiary in which the regulated pests are found to exist cannot be located after contacting adjoining landowners, city or town clerk, or police or fire department; or
   2. (2) Notice has been served pursuant to these rules, and the beekeeper refuses or neglects to abate the regulated pests within the time specified in the notice.

5. (e) For abatement of AFB, the inspector, or the beekeeper under the supervision of the inspector, shall:

   1. (1) Burn the diseased honey bees and contaminated equipment with city or town approval as follows:

      1. a. The diseased colonies of honey bees shall be exterminated with an insecticide that meets the rules and requirements of the pesticide control board and the New Hampshire department of agriculture, markets, and food, division of pesticide control, pursuant to RSA 430:28-RSA 430:50. The components of the contaminated hive together with any bees and diseased comb found in the apiary, shall be burned in a burn barrel, a pit not less than 18 inches deep, or in some other manner approved by the local fire department, and the ashes shall be covered with at least 6 inches of soil; or
      2. b. The diseased colonies of honey bees shall be exterminated pursuant to Agr 1805.02(e)(1)a., and the contaminated hive components, including dead bees, shall be placed in sealable containers and incinerated at an approved incineration facility; or
   2. (2) Abate the diseased honey bees and contaminated equipment following recommendations by the inspector, who shall reinspect the colony or colonies after 10 days. If AFB is still present in the colony or colonies, the honey bees and the contaminated equipment shall be destroyed pursuant to Agr 1805.02(e)(1).

6. (f) For abatement of Tropilaelaps spp. mites, the inspector, or the beekeeper under the

   supervision of the inspector, shall abate the infested honey bees and equipment following recommendations by the inspector.

7. (g) For abatement of Africanized honey bees, Apis mellifera scutellata, the apiary shall be

   1. (1) Exterminate, pursuant to Agr 1805.02(e)(1)a., colonies of Africanized honey bees exhibiting levels of defensive behavior deemed by the inspector to be a danger to the general public; or
   2. (2) Abate the Africanized honey bees following recommendations by the inspector who shall reinspect the colony or colonies after 10 days.

   condemned, and the inspector, or the beekeeper under the supervision of the inspector, shall:

Source. (See Revision Note at chapter heading for Agr 1800) #5802, eff 3-25-94, EXPIRED: 3-25-00 New. #7284, eff 5-24-00, EXPIRED: 5-24-08 New. #10586, eff 5-13-14; ss by #13978, eff 5-23-24