81-2,167 Beekeeping; department; inspection; purpose; violations.
81-2,167. Beekeeping; department; inspection; purpose; violations.In order to carry out its duties under the Nebraska Apiary Act or any rule, regulation, or order made pursuant to the act, the officers and employees of the department may at all reasonable times enter upon any public or private premises for the purpose of inspection for the existence of or for treatment or destruction of any contagious or infectious diseases, parasites, or pests of bees. They shall have free access to all apiaries, structures, bee equipment, or premises where bees, honey, used bee equipment, or comb in apiaries may be. They may open any hive, colony, package, or receptacle of any kind containing or which they have reason to believe contains any bees, comb, bee products, used beekeeping equipment, or anything else which is capable of transmitting diseases, parasites, or pests of bees. They may stop pedestrians, motor cars, and vehicles when they are likely to be carrying, contrary to the act or any rule, regulation, or order established pursuant to the act, any bees, comb, used bee equipment, or anything else which is capable of transmitting diseases, parasites, or pests of bees. They shall have authority to inspect or reinspect at any time or place any bees, bee products, or used bee equipment shipped in or into the state and to treat it as provided in section 81-2,171. It shall be unlawful to deny such access to the officers and employees of the department or to offer any resistance to, thwart, or hinder such officers and employees by misrepresentation or by concealing facts or conditions. They shall have the power to inspect any apiary, honey house, building, or portion of building or container in which honey is stored, graded, or processed and to determine whether or not any insanitary conditions exist. If it is found that insanitary conditions exist or are permitted to exist, the owner or person in charge, after being notified by the department of the insanitary conditions, shall place such apiary, honey house, building, or portion of building or container in a sanitary condition within a reasonable length of time, and any operator or owner of such apiary, honey house, building, or container failing to obey such notice shall be in violation of the act and shall be punished as provided in section 81-2,179. Each apiary not located at the owner's or operator's place of residence shall have posted in a conspicuous place the name and address of the owner. SourceLaws 1929, c. 9, § 3, p. 77; C.S.1929, § 81-2703; R.S.1943, § 81-2,167; Laws 1965, c. 548, § 4, p. 1755; Laws 1986, LB 1001, § 3; Laws 1992, LB 366, § 44; Laws 1994, LB 1071, § 5; Laws 2004, LB 835, § 3.