The Legislature finds that in order to ensure the vitality of the apiary industry, to protect the welfare of the people of the State of California, as well as agricultural crops dependent upon bees for pollination, a pest inspection program should be an integral part of the regulatory scheme contained in this division. The Legislature further finds that without a continuing regular inspection program, including continued training for inspectors or commissioners in apiculture with curriculum approved by the secretary, as further specified in this article, the programs and requirements of law set forth in this division will be impaired.

pursuant to the provisions of Section 1822.50 of the Civil Code and comply with the provisions therein. No person shall interfere with the entry of an inspector in the official course of the inspector’s duty. The inspector shall report the result of the inspection to the beekeeper, where feasible, within five days of the inspection. An inspector shall use appropriate sanitation protocols developed in conjunction with beekeeping industry, and included in the annual training.

the disease was brought to the inspector’s attention in writing, the commissioner may assess the costs of the inspection on the person who brought the disease to the inspector’s attention.

If, in the course of an inspection authorized by Section 29201, the inspector finds or has reason to suspect that there are pests in the apiary, the inspector shall plainly mark the hives or any part thereof which contain evidence of pest infestation. The inspector may place a band with a seal around a diseased hive.

supervision. The inspector may also issue a hold order against the apiary, giving notice that the apiary is held to the owner or bailee and posting a copy of the hold order in a conspicuous place in the apiary. No person, who has been given notice of a hold order, shall move the apiary or any part of the apiary or any other bee equipment from the location unless authorized by the inspector, until the hold order is released.

Every infested apiary is a public nuisance. The owner, broker, or person in charge or possession of any apiary, upon finding an infestation to be present, or upon receiving notice an infestation exists in the apiary, shall abate the infestation without undue delay, pursuant to the requirements of law.

The notice may be served upon the broker or the person that has possession or that owns the infested apiary, personally or by certified mail to their last known address. If the owner, broker, or person in charge or possession of any apiary is not known, the notice shall be served by posting it in a conspicuous place in the apiary.

If the infestation found in an apiary is American foulbrood, the time specified in the notice shall not be less than 24 hours nor more than 48 hours from the time the notice is served, except that the inspector may extend the time limit if necessary to prevent hardship and it can be done without undue danger of spreading the disease.

If American foulbrood is found in an apiary, the abatement shall be by killing the bees in the infested colonies and disposing of the hives and their contents, together with any other infested comb, hives, and associated appliances which are found in the apiary, in one of the following ways:

district or air quality management district regulations and fire control laws. Burning or disposal without the knowledge of the inspector is a violation of this section.

Code.

If the owner, broker, or person in charge or possession of an apiary in which an infestation is found to exist cannot be located after diligent search by the inspector, or if notice has been served pursuant to this article and the owner, broker, or person in charge or possession of the apiary refuses or neglects to abate the infestation within the time that is specified in the notice, the inspector shall abate the infestation within 72 hours after expiration of the time that is specified in the notice. The cost of abatement shall be paid by the owner of the apiary.

If an abatement notice as required by this article has been served upon the owner or bailee of an apiary, the owner or bailee, before the expiration of the time specified in the notice, may appeal from the inspector’s field determination of the infestation named in the notice by sending a written appeal to the director with a specimen of the infested material chosen and sealed for transportation jointly by the owner or bailee and the inspector, which is accompanied by a statement signed by the owner or bailee and the inspector, attesting to the fact that such specimen was obtained from the portion of the apiary described in the abatement notice.

In those instances when the inspector has sealed the infested hive after making a field determination, if a beekeeper appeals the inspector’s field determination, the owner or bailee of the apiary and the inspector shall jointly break the seal and take the sample for appeal. If the band is broken in the absence of the inspector, no appeal shall be valid and the infestation shall be abated as described in the abatement notice.

The specimen shall be subjected to a laboratory diagnosis by the director, or at his or her direction. The written determination which sets forth the findings of the diagnosis is final proof of the nature of the infestation which exists in the apiary.

The disease which is named by the director in a written response to the appeal may be abated pursuant to this chapter. Pending the determination of the director, the time which is specified in the abatement notice shall be extended by the number of hours between the forwarding of the representative specimen and the receipt of the written determination from the director by the inspector, and the service of a copy of the written determination upon the owner or bailee that made the written appeal. If the owner or bailee cannot be found after due diligence, the extended time shall expire when a copy of the director’s determination is served by posting it in the apiary.