80-6-201. Apiaries -- powers and duties of the department. (1) To prevent the spread of pests and contagious and infectious disease among bees and apiaries, the department may:
     (a) order the transfer of colonies of bees from hives or containers that cannot be properly examined for brood or other diseases to other hives or containers;
     (b) order disinfection of any bee, beehive, brood comb, or any other equipment that is infected or contaminated with disease or pests and burn any infected or contaminated bee, beehive, brood comb, or any other equipment if, in its judgment, disinfection will not remove the infection or contamination. Before burning any property, the department shall give the owner or person in charge a written notice at least 5 days before the date the property will be burned. The notice must be given by certified mail or personal service upon the owner or person in charge of the property.
     (c) quarantine any apiary where pests, foulbrood, or any contagious or infectious diseases are present and, during the quarantine, prevent the removal from the apiary of any bees or equipment except under a special permit issued by the department permitting the removal under conditions prescribed by it. A person may not sell or offer for sale any apiary, bees, or equipment under quarantine unless a permit authorizing the sale or removal is issued by the department. Written notice of quarantine must be posted by the department, owner, or person in charge at the quarantined apiary at a conspicuous place, and a copy must be personally served or sent by certified mail to the owner of the apiary or person in charge. The quarantine continues in effect until it is ordered removed and a copy of the removal order served in the same manner.
     (d) establish by rule interior and exterior quarantines to prevent the entry or spread of diseases or pests that are not known to occur in Montana;
     (e) inspect apiaries, hives, equipment, or premises for the presence of disease or pests;
     (f) promulgate and enforce rules adopted pursuant to parts 1 through 3.
     (2) A person failing to comply with a rule, order, or provision of a quarantine pursuant to this section is subject to penalties provided for in 80-6-303.
     (3) The department may provide disease and pest inspection, sampling, and laboratory analysis services for a fee. The department shall adopt rules setting the fee commensurate with costs and establishing procedures for sampling and analysis.
     (4) The department may enter into agreements with the United States department of agriculture, other federal agencies, other states, municipal authorities, and individual Montana beekeepers in carrying out the provisions of this part.

     History: En. Sec. 2, Ch. 79, L. 1947; amd. Sec. 1, Ch. 28, L. 1953; amd. Sec. 2, Ch. 475, L. 1973; Sec. 82-806, R.C.M. 1947; amd. and redes. 3-3102 by Sec. 129, Ch. 218, L. 1974; amd. Sec. 1, Ch. 25, L. 1977; R.C.M. 1947, 3-3102; amd. Sec. 7, Ch. 198, L. 1987; amd. Sec. 2, Ch. 9, L. 1991.