80-6-201. Apiaries -- powers and duties of department. (1) To prevent the spread of pests and contagious and infectious disease among bees and apiaries, the department may:
     (a) enter private land containing an apiary site and fly over or enter any farm, railroad right-of-way, or other grounds or premises containing an apiary site to determine the health or ownership of the bees. The department shall provide at least 24 hours' notice to a private landowner before entering private land.
     (b) 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;
     (c) order disinfection of any bees, hives, brood comb, or any other equipment that is infected or contaminated with disease or pests and burn the infected or contaminated bees, hives, 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 person to whom the apiary site is registered or the owner of an unregistered hobbyist apiary site 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. Before burning any equipment, the department shall notify the owner of the land on which the apiary site is located.
     (d) quarantine any apiary site where pests, foulbrood, or any other contagious or infectious diseases are present with the following conditions:
     (i) During the quarantine, the department shall prevent the removal from the apiary site of any bees or equipment except under a special permit issued by the department permitting the removal under conditions prescribed by the department.
     (ii) A person may not sell or offer for sale any apiary site, bees, or equipment under quarantine unless a permit authorizing the sale or removal is issued by the department.
     (iii) Written notice of quarantine must be posted by the department, owner, or person in charge at the quarantined apiary site at a conspicuous place, and a copy must be personally served or sent by certified mail to the owner of the apiary site at the owner's last-known address or to the person in charge. The quarantine continues in effect until it is ordered removed and a copy of the removal order is served in the same manner.
     (iv) The owner or person in charge of the quarantined apiary site may enter the premises for standard care and maintenance of the bees.
     (e) 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;
     (f) inspect apiaries, hives, equipment, or premises for the presence of disease or pests;
     (g) inspect any apiary site at the request of and at the expense of any interested party;
     (h) promulgate and enforce rules adopted pursuant to parts 1 through 3 of this chapter.
     (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; amd. Sec. 10, Ch. 468, L. 2009.