SECTIONS 29100-29103 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 29100-29103

29100. (a) The Legislature hereby finds and declares that bees
perform a valuable service to agriculture in this state.
(b) The Legislature further finds and declares that the necessary
application of certain pesticides to blossoming plants poses a
potential hazard to bees.
(c) The Legislature further finds and declares that the use of
pesticides is necessary for the protection of agricultural crops.
(d) The Legislature further finds and declares that certain
factors, including, but not limited to, the time of application, the
type of pesticides used, the type of blossoming plant involved, the
proximity of the apiaries, and the ability to locate and notify the
owners of the apiaries involved, directly affect the extent of the
harm to bees resulting from pesticides.

29101. (a) Each beekeeper shall report to the commissioner of the
county in which his or her apiary is located on a form approved by
the director, each location of apiaries for which notification of
pesticide usage is sought. This report for notification may be filed
with and be part of the form used for registration pursuant to
Article 4 (commencing with Section 29040), or shall be thereafter
submitted in writing if telephonic notice of relocation is made as
set forth in Section 29070. Except for reports filed as part of an
initial registration pursuant to Section 29040, each request shall be
mailed within 72 hours before locating an apiary, where feasible,
but in no event later than 72 hours after locating an apiary.
(b) The beekeeper shall not be entitled to notification until
receipt and processing of the report is made by the commissioner.
However, the commissioner may provide notice earlier if practicable.
(c) Notice to pesticide applicators shall not be required until
the written report by the beekeeper has been received and processed
by the commissioner, except that the commissioner may provide notice
earlier if practicable.
(d) The commissioner shall process the written report as
expeditiously as reasonable, but shall not exceed 16 working hours.
The 16-hour period shall commence upon receipt of the written report.

29102. (a) The director shall adopt regulations necessary to
minimize the hazard to bees, while still providing for the reasonable
and necessary application of pesticides toxic to bees to blossoming
plants. The regulations may be limited to specific blossoming plants.
(b) Regulations adopted pursuant to this section may be applicable
to either the entire state or specified areas of the state.
Regulations that are applicable to only specified areas of the state
shall include provisions for the mandatory notice of movement of
apiaries, including any relocation thereof within the area to which
the regulations are applicable.
(c) The regulations may also include provisions for timely
notification of apiary owners of proposed pesticide applications, and
limitations on the time and method of application of pesticides and
the pesticides used.

29103. Failure of a beekeeper to remove hives from a specific
location, except during specific periods of time, as provided in
subdivision (c) of Section 29102 after notification, shall not
prevent the application of pesticides to blossoming plants if
consistent with the pesticide's labeling and regulations. When the
pesticide applicator has complied with the notification pursuant to
subdivision (c) of Section 29102 the applicator shall not be liable
for injury to bees that enter the area treated during or after the
application.