264.065. Quarantines inside state--seizure--inspection--notice--eradication--lien for expenses.
Quarantines insidestate--seizure--inspection--notice--eradication--lien forexpenses.
264.065. 1. Whenever the director shall find that thereexists in this state, or any part thereof, a harmful disease orpest of honey bees new to the state, which, for the protection ofthe apiculture industry within the state, should be preventedfrom spreading and be controlled or eradicated, the director mayadopt and carry out such restrictive and control measures as maybe deemed necessary and advisable and may cooperate with otherstate agencies and with the United States Department ofAgriculture.
2. The director may promulgate rules establishingquarantines and quarantine restrictions covering areas in thestate affected by these honey bee diseases or pests, and otherareas within the state which are likely to be affected by* suchdiseases and pests.
3. Under such quarantines the director or authorizedpersonnel may prohibit and prevent the movement, shipment ortransportation without inspection of any honey bees, usedbeekeeping equipment or any other regulated material or articleof any character capable of carrying such disease or pest in anyliving state of its development, originating in or which has beenstored in such quarantined areas or in any area outside of thestate infested with such disease or pest, except under suchconditions as the director may prescribe as to inspection,treatment and certification. In carrying out the provisions ofthis section the director or authorized personnel may intercept,stop and detain for official inspection any person, car, vessel,boat, truck, automobile, aircraft, wagon or other vehicles orcarriers whether air, land or water, and may open and inspect anycontainer or shipment thought to be carrying such disease or pestin any living stage of its development. Any honey bees, usedbeekeeping equipment or any other regulated articles moved,shipped, or transported in violation of such quarantine may beseized and treated, destroyed or otherwise disposed of inaccordance with the instructions of the director.
4. Under such quarantines the director may require thetreatment or destruction of infected or infested honey beecolonies as may be necessary to effectively destroy or preventthe development of such diseases and pests of honey bees. Itshall be the duty of the owner or person in charge of such apiaryor any other thing connected therewith within such quarantinedarea, upon due notice, to take such action as is required withinthe time limit specified and in the manner designated by thedirector.
5. In case the owner or the person in charge of such apiary,used beekeeping equipment or other regulated materials within thequarantined area shall neglect or refuse to carry out theinstructions of the director contained in such notice within thetime limit specified, the director or authorized personnel maytake the action so required, and the director shall have andenforce a lien for the expense thereof against the place in orupon which such expense was incurred in the same manner as liensare had and enforced upon buildings and lots, wharves and piersfor labor and materials furnished by virtue of contract with theowner.
(L. 1985 H.B. 180)*Word "with" appears in original rolls.