§ 4-12-10 - Quarantines inside state – Seizure – Inspection – Notice – Eradication – Lien for expenses.
SECTION 4-12-10
§ 4-12-10 Quarantines inside state –Seizure – Inspection – Notice – Eradication – Lien forexpenses. – (a) Whenever the director finds there exists in this state, or any part of thisstate, a harmful disease or pest of honey bees, which, for the protection ofthe apiculture and/or agriculture industry within the state, should beprevented from spreading and be controlled or eradicated, the director shalladopt and carry out any restrictive and control measures as may be deemednecessary and advisable and shall cooperate with other state agencies and withthe United States department of agriculture.
(b) The director shall promulgate regulations establishingquarantines and quarantine restrictions covering areas in the state affected bythese honey bee diseases or pests, and other areas within the state which arelikely to be affected by these diseases and pests.
(c) Under these quarantines the director or authorizedpersonnel shall prohibit and prevent the movement, shipment, or transportationwithout inspection of any honey bees, used beekeeping equipment, or any otherregulated material or article of any character capable of carrying this diseaseor pest in any stage of its development, originating in or which has beenstored in quarantined areas or in any area outside the state infested with thisdisease or pest, except under any conditions as the director may prescribe asto inspection, treatment and certification. In carrying out the provisions ofthis section the director or authorized personnel may intercept, stop anddetain for official inspection any person, car, vessel, boat, truck,automobile, aircraft, wagon, or other vehicles or carriers whether air, land orwater, and may open and inspect any container or shipment thought to becarrying this disease or pest in any stage of its development. Any honey bees,used beekeeping equipment, or any other regulated articles moved, shipped, ortransported in violation of this quarantine shall be seized and treated,destroyed or otherwise disposed of in accordance with the instructions of thedirector.
(d) Under these quarantines the director shall require thetreatment or destruction of infected or infested honey bee colonies as may benecessary to effectively destroy or prevent the development of this disease andpests of honey bees. It shall be the duty of the owner or person in charge ofany apiary or any other regulated article within this quarantined area upon duenotice, to take any action as is required within the time limit specified andin a manner designated by the director.
(e) In case the owner or person in charge of any apiary, usedbeekeeping equipment or other regulated articles within the quarantined areaneglects or refuses to carry out the instructions of the director contained inthe notice within time limits specified, the director or authorized personnelshall take the action required, and the director shall have and enforce a lienfor the expense against the place in or upon which the expense was incurred inthe same manner as liens are had and enforced upon buildings and lots, wharvesand piers for labor and materials furnished by virtue of contract with theowner.