STATE LAWS RELATIVE TO FOUL BROOD.

CALIFORNIA.

AN ACT to authorize the board of supervisors of the several counties of this State to appoint inspectors of apiaries, and provide for their compensation, and defining their duties, and for the further protection of bee culture. (Approved March 13, 1883, 285.)

SECTION 1. The board of supervisors of any county wherein bees are kept are hereby authorized to appoint one or more persons as inspectors of apiaries, to hold office during the pleasure of the said board.

SEC. 2. The board of supervisors shall fix and determine the compensation of inspectors of apiaries, to be paid out of the funds of the county not otherwise appropriated.

SEC. 3. Upon complaint being made to the inspector to the effect that, in complainant's opinion, the disease known as "foul brood" exists in any apiary in that county, it shall be the duty of such inspector to inspect such apiary as soon as practicable, and direct the person in charge thereof to destroy all hives ascertained to be so affected, together with the combs and bees therein, by burning, or burying the same in the ground the following night.

SEC. 4. If the owner or person in charge of an apiary, by his own inspection or through any other source, discovers foul brood in any hive in said apiary it shall be his duty to destroy such hive and contents in the manner provided in section three of this act.

SEC. 5. Any person failing to comply with the provisions of the last section shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than five dollars nor more than twenty-five dollars for the first offense, and by a fine of not more than fifty dollars for each subsequent offense. SEC. 6. This act shall take effect from and after its passage.

SAN BERNARDINO COUNTY ORDINANCE.

An ordinance for the further protection of bee culture.

The board of supervisors of the county of San Bernardino, State of California, do ordain as follows:

SECTION 1. Any person bringing into this county any hive or hives of bees affected with the disease known as foul brood shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not exceeding fifty dollars or not over ten days' imprisonment in the county jail.

SEC. 2. Any person selling and transferring to any other person in this county any hive or hives of bees affected with the disease known as foul brood shall be guilty of a misdemeanor, and on conviction thereof shall be subject to the penalty prescribed for a violation of section 1 hereof.

SEC. 3. It shall be the duty of the county inspector of apiaries, ou receiving notice from any owner of bee hives requesting him to examine said hives, to at once proceed to inspect the same and issue his certificate setting forth the condition in which he finds said bee hives, and if said certificate shows said disease known as foul brood to exist among said bees, said bee hives so affected shall at once be disposed of as provided by the laws of this State.

SEC. 4. This ordinance shall be in full force and effect from and after the first day of June, A. D. 1893.

The foregoing ordinance, containing four sections, was adopted by the board of supervisors of San Bernardino County, California, at a regular meeting of said board,

held on the 1st of May, A. D. 1893. Present: Supervisors Victor, Turner, Lord, White, and Randall.

The ordinance was first considered section by section, and each section adopted separately, and afterwards the ordinance was adopted as a whole.

Sections 1, 2, 3, and 4, and this ordinance as a whole, were adopted by a unanimous vote of Supervisors Victor, Turner, Lord, White, and Randall.

Witness our hands and the seal of the board of supervisors on this 1st day of May, A. D. 1893. J. N. VICTOR, Chairman.

Attest:

T. J. BOLTON,

Clerk of Board of Supervisors.

COLORADO.

AN ACT to amend an act to suppress and eradicate foul brood and other infectious and contagious diseases of bees, approved April 18, 1889, and to provide penalties for violation thereof.*

Be it enacted by the general assembly of the State of Colorado:

SECTION 1. Upon the written application, under oath of the president or secretary of the Colorado State Beekeepers' Association, or of any five actual beekeepers, resident in any county in this State, alleging, upon information and belief, that the disease known as foul brood, or any other contagious or infectious disease, exists among bees in said county, or that infected articles are kept in said county, and that there is danger that such disease will spread to other apiaries, being made to the county court of said county or to the judge thereof, at chambers, the said court or judge shall, by order to be entered in the records of said court, appoint some competent, actual beekeeper, resident in said county, to be county inspector of bees; and the applicants shall state in this application the names of the actual beekeepers of the county, so far as known to them.

SEC. 2. The person so appointed shall within five days after his appointment file with the clerk of such court his written acceptance of the office, or in default thereof the judge or court shall in the same manner make new appointments until the said office is filled. The inspector shall hold his office during the pleasure of the court and until his successor is appointed and qualified.

SEC. 3. Every beekeeper or other person who shall be aware of the existence of foul brood, either in his own apiary or elsewhere, shall immediately notify the county inspector of bees, if there be one, and, if not, the secretary of the Colorado State Beekeepers' Association of the existence of such disease, and in default of so doing shall on summary conviction before a justice of the peace be liable to a fine of $5 and costs.

SEC. 4. On receiving notice from any source of the existence in any apiary in his county of the disease known as foul brood or any other infectious or contagious disease of bees, the county inspector of bees shall forthwith inspect each colony of bees and all hives, implements and apparatus, honey, and supplies on hand or used in connection with such apiary, and mark or otherwise distinctly designate each colony and apiary which he believes infected, and notify the owner or person in charge of said bees thereof in writing or otherwise, and the owners of said bees or the person in charge thereof shall within five days thereafter either practically and in good faith apply, and thereafter fully and effectually carry out to and upon such diseased colonies such treatment as may have been prescribed by the Colorado State Beekeepers' Association for such cases; also thoroughly disinfect, to the satisfaction of such inspector, all hives, beehouses, combs, honey, and apparatus that have been used in connection with any such diseased colonies; or, at his election, the said *Published by the Colorado Beekeepers' Association, Harry Knight, secretary, Littleton, Colorado.

owner or person in charge of such bees may within the same time utterly and completely destroy said bees, hives, houses, comb houses, and apparatus by fire, or bury the same in the ground with a covering of not less than two feet of earth.

SEC. 5. After inspecting infected hives or fixtures, or handling diseased bees, the inspector shall, before leaving the premises or proceeding to any other apiary, thoroughly disinfect his own person and clothing, and shall see that any assistant or assistants with him have also thoroughly disinfected their persons and clothing.

SEC. 6. The inspector shall have full power, in his discretion, to order any owner or possessor of bees, dwelling in box hives in apiaries where the disease exists (being mere boxes without frames), to transfer such bees to movable-frame hives within a specified time, and, in default of such transfer, the inspector may destroy, or order the destruction of such box hives and the bees dwelling therein.

SEC. 7. Should the owner or possessor of diseased colonies of bees or any portion of said colonies, be they queens or workers, or of any affected appliances for bee keeping, knowingly sell, or barter or give away or move or allow to be moved such diseased colonies or portion of colonies or infected appliances, he shall, on conviction before any justice of the peace, be liable to a fine of not less than $50 nor more than $100 or to imprisonment in the county jail for any term not exceeding two months.

SEC. 8. Should any person whose bees have been destroyed or treated for foul brood sell or offer for sale any bees, hives, or appurtenances of any kind after such destruction or treatment and before being authorized by the inspector to do so, or should he expose in his bee yard or elsewhere any infected comb honey or other infected thing or conceal the fact that said disease exists among the bees, he shall, on conviction before a justice of the peace, be liable to a fine of not less than $20 nor more than $50 or to imprisonment in the county jail for a term not exceeding two months and not less than one month.

SEC. 9. When an owner or possessor of bees shall disobey the directions of said inspector, or offer resistance to, or obstruct the said inspector, a justice of the peace may, upon the complaint of the inspector, cause a sufficient number of special constables to be sworn in, and such special constables shall proceed to the premises of such owner or possessor, and assist the inspector to seize all the diseased colonies and infected appurtenances, and burn them forthwith, and, if necessary, the said constables may arrest the said owner or possessor, and bring him before a justice of the peace to be dealt with according to the provisions of the preceding section of this act.

SEC. 10. Before proceeding against any person before any justice of the peace, the said inspector shall read over to such person the provisions of this act, or shall cause a copy thereof to be delivered to such person.

SEC. 11. The said inspector shall include in his annual report to the president of the Colorado State Beekeepers' Association a statement of his work during the preceding year, which statement shall include, first, the number of colonies inspected; second, the number of colonies diseased; third, the number of colonies destroyed by fire or otherwise; fourth, the names of owners and the localities where found; and fifth, the amount paid to him for his services and his expenses for the preceding

year.

SEC. 12. The county inspector of bees of each county shall receive a per diem allowance of four dollars for each full day and two dollars for each half day necessarily and actually employed in the discharge of his duties under this act, together with his actual and necessary expenses while so employed, to be audited, allowed, and paid by the county officers in the same manner as other claims against the county.

SEC. 13. All other acts or parts of acts in conflict with this act are hereby repealed. SEC. 14. In the opinion of the general assembly an emergency exists, and this act shall take effect from and after its passage.

MICHIGAN.

CHAPTER LXII.-PREVENTION OF FOUL BROOD AMONG BEES.

The people of the State of Michigan enact:

SECTION 1. That it shall be unlawful for any person to keep in his apiary any colony of bees affected with the contagious malady known as foul brood; and it shall be the duty of every beekeeper, as soon as he becomes aware of the existence of said disease among his bees, to forthwith destroy, or cause to be destroyed, by burning or interment, all colonies thus affected.

SEC. 2. In any county of this State in which foul brood exists, or in which there are good reasons to believe it exists, it shall be lawful for any five or more actual beekeepers of said county to set forth such fact, belief, or apprehension in a petition addressed to the judge of probate, requiring him to appoint a competent commissioner to prevent the spread of said disease, and to eradicate the same; which petition shall be filed with and become a part of the records of the court where such application is made.

SEC. 3. It shall be the duty of the judge of probate, on the receipt of petition specified in section 2 of this act, to appoint within ten days thereafter a well known and competent beekeeper of said county as a commissioner, who shall hold his office during the pleasure of said court; and a record of such order of appointment, and revocation, when revoked, shall be filed as a part of the records of said court.

SEC. 4. It shall be the duty of said commissioner, within ten days after his appointment as aforesaid, to file his acceptance of the same with the court from which he received his appointment.

SEC. 5. Upon complaint of any three beekeepers of said county, in writing and on oath, to said commissioner, setting forth that said disease exists, or that they have reason to believe it exists within said county, designating the apiary or apiaries wherein they believe it to be, it shall become the duty of the commissioner, to whom such complaint is delivered, to proceed, without unnecessary delay, to examine the bees so designated; and if he shall become satisfied that any colony or colonies of said bees are diseased with foul brood, he shall, without further disturbance to said bees, fix some distinguishing mark upon each hive wherein exists said foul brood, and immediately notify the person to whom said bees belong, personally or by leaving a written notice at his place of residence, if he be a resident of such county; and if such owner be a nonresident of such county, then by leaving the same with the person in charge of such bees, requiring said person, within five days, Sundays excepted, from the date of said notice, to effectually remove or destroy said hives, together with their entire contents, by burying them or by fire; but in case no foul brood is found to exist in said apiary the persons so petitioning, or any of them, shall be liable to said commissioner for the amount of his fees for such services.

SEC. 6. If any person neglects to destroy, or cause to be destroyed, said hives and their contents in manner as described in section five, after due notification, and after the time above limited, he shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine not to exceed twenty-five dollars, or by imprisonment in the county jail not more than fifteen days, or both, in the discretion of the court, for the first offense; and for each additional offense he shall be liable to a fine not to exceed one hundred dollars, or imprisonment in the county jail not more than sixty days, or both, in the discretion of the court; and any justice of the peace of the township where said bees exist shall have jurisdiction thereof.

SEC. 7. The commissioner shall be allowed for services, under this act, two dollars for each full day actually employed, and one dollar for each half day actually employed, the account to be audited by the board of supervisors and paid in the same manner as all other county claims, but no fees shall be allowed by the board

of supervisors to such commissioner for any services under this act unless foul brood is found to exist.

SEC. 8. In all suits and prosecutions under this act it shall be necessary to prove that said bees were actually diseased or infected with foul brood.

NEBRASKA.

CHAPTER 82.-BEES.

SECTION 1. It shall be unlawful for any person to keep or have in possession in this State any honeybees, brood comb, or honey known to possess or be infected with the disease known as "foul brood" or with any other infectious or contagious disease peculiar to bees and honey, contrary to the provisions of this act, or to keep or to have in possession any beehive or other receptacle in which foul brood, diseased bees, or infected honey is known to have been kept. Every person violating any provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction thereof shall pay a fine of not less than ten dollars nor more than one hundred for each offense, or be confined in the county jail not more than thirty days. SEC. 2. Any honeybees, brood comb, or honey owned or kept or found in this State, known to be affected with foul brood or other infectious or contagious disease, and any beehive or receptacle in which any bees, brood comb, or honey shall have been kept, known to have been infected with any infectious or contagious disease, shall be destroyed immediately and completely by burning, by the owner thereof or the person or persons in whose possession the same may be.

SEC. 3. Every person owning or having in his or her possession, or under his or her control, any honeybees, brood comb, honey, beehive, or receptacle or apparatus known to be infected with any infectious or contagious disease peculiar to honeybees or honey, or in which any diseased bees or infected honey shall have been kept, who shall not immediately cause the same to be destroyed as provided in section 2 of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof shall pay a fine of not less than ten dollars nor more than one hundred dollars for each offense, or be imprisoned in the county jail not more than thirty days for each offense.

SEC. 4. Every person owning or keeping honey bees in this State shall cause all bees owned or kept by him or her to be inspected at his or her own expense as hereinafter provided. Every person neglecting or refusing to cause all such bees to be duly inspected as hereinafter provided shall be deemed guilty of a misdemeanor, and shall pay a fine of not less than ten dollars nor more than one hundred dollars for each offense upon conviction thereof. Provided, that if upon inspection of any colony or colonies of bees the disease of foul brood or other infection or contagion shall be found to exist, and such inspector shall be of the opinion that by proper treatment such disease or contagion or infection may be removed, he shall so certify officially in his certificate of inspection, and the owner or owners of such bees shall be entitled to keep such bees for the period of six months for treatment, and at the expiration of said time, if such disease, infection or contagion shall not be eradicated, such bees shall be destroyed, as herein before provided, and any person or persons having in possession any brood, comb, beehives, honey, or apparatus used in connection with bee culture, found in like manner to be infected with foul brood or infectious or contagious disease, such person shall be allowed the period of thirty days to disinfect the same, but no longer, and if at the end of said period of thirty days said disinfection shall not have been complete, such brood, comb, beehive, honey, or apparatus shall be destroyed as herein before provided.

SEC. 5. Every person engaged in beekeeping in this State, either as owner, agent, or lessee, in infected districts, shall cause to be inspected at least once in each year each and every brood or colony of bees, brood comb, and honey in his or her posses