AGRICULTURE CODE
TITLE 6. PRODUCTION, PROCESSING, AND SALE OF ANIMAL PRODUCTS
SUBTITLE A. BEES AND NONLIVESTOCK ANIMAL INDUSTRY
CHAPTER 131. BEES AND HONEY
SUBCHAPTER A. GENERAL PROVISIONS
§ 131.001. DEFINITIONS. In this chapter:
(1) "Abandoned apiary, equipment, or bees" means an
apiary, equipment, or a colony of bees that is not regularly
maintained or attended in accordance with this chapter or rules or
quarantines adopted under this chapter.
(2) "Apiary" means a place where six or more colonies
of bees or nuclei of bees are kept.
(3) "Beekeeper" means a person who owns, leases, or
manages one or more colonies of bees for pollination or the
production of honey, beeswax, or other by-products, either for
personal or commercial use.
(4) "Bee" means any stage of the common honeybee, Apis
mellifera species.
(5) "Colony" means the hive and its equipment and
appurtenances including bees, comb, honey, pollen, and brood.
(6) "Director" means the director of the Texas
Agricultural Experiment Station.
(7) "Disease" means American foulbrood, European
foulbrood, any other contagious or infectious disease of honeybees,
or parasites or pests that affect bees or brood.
(8) "Equipment" means hives, supers, frames, veils,
gloves, tools, machines, or other devices for the handling and
manipulation of bees, honey, pollen, wax, or hives, including,
storage or transporting containers for pollen, honey, or wax, or
other apiary supplies used in the operation of an apiary or honey
house.
(9) "Inspector" means the chief apiary inspector.
(10) "Label" as a noun, means written or printed
material accompanying a product and furnishing identification or a
description. The term includes material attached to a product or
its immediate container and material inserted in an immediate
container or other packaging of a product.
(11) "Label" as a verb, means to attach or insert a
label.
(12) "Nucleus" means a small mass of bees and combs of
brood used in forming a new colony.
(13) "Pollen" means dust-like grains formed in the
anthers of flowering plants in which the male elements or sperm are
produced.
(14) "Pure honey" means the nectar of plants that has
been transformed by, and is the natural product of, bees and that is
in the comb or has been taken from the comb and is packaged in a
liquid, crystallized, or granular form.
(15) "Queen apiary" means an apiary in which queen
bees are reared or kept for sale, barter, or exchange.
Amended by Acts 1983, 68th Leg., p. 1884, ch. 350, § 1, eff.
Sept. 1, 1983; Acts 1985, 69th Leg., ch. 418, § 1, eff. Sept. 1,
1985.
§ 131.002. CHIEF APIARY INSPECTOR. (a) The director
shall appoint a person qualified by scientific training or personal
experience as chief apiary inspector to make inspections and
administer this chapter under the direction and control of the
director.
(b) Repealed by Acts 1991, 72nd Leg., 1st C.S., ch. 17, §
7.01(4), eff. Nov. 12, 1991.
(c) The state entomologist shall make an annual report to
the director giving a detailed account of inspection activities,
receipt and use of funds, and compliance actions brought under this
chapter.
Amended by Acts 1983, 68th Leg., p. 1884, ch. 350, § 1, eff.
Sept. 1, 1983; Acts 1985, 69th Leg., ch. 418, § 1, eff. Sept. 1,
1985; Acts 1985, 69th Leg., ch. 479, § 186, eff. Sept. 1, 1985;
Acts 1991, 72nd Leg., 1st C.S., ch. 17, § 7.01(4), eff. Nov. 12,
1991.
§ 131.003. CONFLICTS OF INTEREST. (a) A person may not
serve as chief apiary inspector or be an assistant of the inspector
if the person is an officer, employee, or paid consultant of a trade
association in the beekeeping industry.
(b) A person may not serve as chief apiary inspector or be an
assistant of the inspector of the grade 17 or over, including exempt
employees, according to the position classification schedule under
the General Appropriations Act, if the person cohabits with or is
the spouse of an officer, managerial employee, or paid consultant
of a trade association in the beekeeping industry.
Added by Acts 1985, 69th Leg., ch. 418, § 1, eff. Sept. 1, 1985.
§ 131.004. ASSISTANTS. (a) The chief apiary inspector
may employ assistants and inspectors as necessary, subject to the
approval of the director and governing board of the experiment
station.
(b) The inspector shall provide to his assistants as often
as is necessary information regarding their qualifications under
this chapter and their responsibilities under applicable laws
relating to standards of conduct for state officers or employees.
(c) The inspector shall develop a system of annual
performance evaluations based on measurable job tasks. All merit
pay for the inspector's assistants must be based on the system
established under this subsection.
Added by Acts 1985, 69th Leg., ch. 418, § 1, eff. Sept. 1, 1985.
§ 131.005. ANNUAL REPORTS. (a) The chief apiary
inspector shall make an annual report to the director giving a
detailed account of inspection activities, receipt and use of
funds, and compliance actions brought under this chapter.
(b) The director shall file annually with the governor and
the presiding officer of each house of the legislature a complete
and detailed written report accounting for all funds received and
disbursed by the inspector during the preceding year. The form of
the annual report and the time for reporting shall be provided in
the General Appropriations Act.
Added by Acts 1985, 69th Leg., ch. 418, § 1, eff. Sept. 1, 1985.
§ 131.006. AUDIT. The financial transactions of the
chief apiary inspector are subject to audit by the state auditor in
accordance with Chapter 321, Government Code.
Added by Acts 1985, 69th Leg., ch. 418, § 1, eff. Sept. 1, 1985.
Amended by Acts 1989, 71st Leg., ch. 584, § 68, eff. Sept. 1989.
§ 131.007. PUBLISHING INFORMATION. (a) The chief
apiary inspector shall publish information on methods and
directions for treating, eradicating, or suppressing infectious
diseases of honeybees, the rules adopted for those purposes, and
other information that the inspector considers of value or
necessity to the beekeeping interests of this state.
(b) The inspector shall prepare information of public
interest describing the functions of the agency and describing the
procedure by which complaints are filed with and resolved by the
inspector. The inspector shall make the information available to
the general public and appropriate state agencies.
(c) The inspector shall adopt rules establishing methods by
which consumers and service recipients can be notified of the name,
mailing address, and telephone number of the inspector's office for
the purpose of directing complaints to the inspector. The
inspector may provide for the notification by including the
information:
(1) on each registration or application form submitted
by a person regulated under this chapter;
(2) on a sign which is prominently displayed in the
place of business of each person regulated under this chapter; or
(3) in a bill for services or goods provided by a
person regulated under this chapter.
Added by Acts 1985, 69th Leg., ch. 418, § 1, eff. Sept. 1, 1985.
§ 131.008. COMPLAINTS. (a) The chief apiary inspector
shall keep an information file about each complaint filed with the
inspector relating to a beekeeper regulated under this chapter.
(b) If a written complaint is filed with the inspector
relating to a beekeeper regulated under this chapter, the inspector
shall notify the parties to the complaint, at least quarterly and
until final disposition of the complaint, of the status of the
complaint, unless notice would jeopardize an undercover
investigation.
Added by Acts 1985, 69th Leg., ch. 418, § 1, eff. Sept. 1, 1985.
§ 131.009. PUBLIC TESTIMONY. The chief apiary
inspector shall develop and implement policies that will provide
the public with a reasonable opportunity to appear before the
inspector and to speak on any issue under the jurisdiction of the
inspector.
Added by Acts 1985, 69th Leg., ch. 418, § 1, eff. Sept. 1, 1985.
§ 131.010. FEES. The chief apiary inspector shall make
a reasonable effort to set the fees charged under this chapter at
amounts that will produce enough revenue to approximate 50 percent
of the inspector's total budget. In achieving this goal, the
inspector shall balance the revenue needs against the effect of the
fees on the industry.
Added by Acts 1985, 69th Leg., ch. 418, § 1, eff. Sept. 1, 1985.
SUBCHAPTER B. DISEASE CONTROL
§ 131.021. POWERS AND DUTIES OF CHIEF APIARY
INSPECTOR. (a) For the purpose of enforcing this chapter, the
chief apiary inspector may:
(1) adopt rules and act as necessary to control,
eradicate, or prevent the introduction, spread, or dissemination of
contagious or infectious diseases of bees;
(2) prohibit the shipment or entry into this state of
bees, honey, combs, pollen, or other items capable of transmitting
diseases of bees from another state, territory, or foreign country
except in accordance with rules adopted by the inspector; and
(3) seize and order the destruction, treatment, or
sale of a colony of bees, equipment, pollen, or honey that is
determined to be diseased, infectious, abandoned, or in violation
of this chapter or a rule or quarantine adopted under this chapter.
(b) For purposes of this section, apiaries, equipment, or
bees are considered infectious if:
(1) the bees are not hived with movable frames or
stored so as to prevent the possible spread of disease; or
(2) the bees, equipment, or apiary generally comprise
a hazard or threat to disease control in the beekeeping industry.
Amended by Acts 1983, 68th Leg., p. 1884, ch. 350, § 1, eff.
Sept. 1, 1983; Acts 1985, 69th Leg., ch. 418, § 2, eff. Sept. 1,
1985.
§ 131.022. QUARANTINES. (a) If the chief apiary
inspector determines that the public welfare requires the
establishment of a quarantine, the inspector may:
(1) declare a protective quarantine of a district,
county, precinct, or other defined area in which a disease of bees
or a deleterious exotic species of bees is not known to exist or in
which the disease or exotic species is being eradicated in
accordance with this subchapter; or
(2) declare a restrictive quarantine of a district,
county, precinct, or other defined area in which a disease of bees
or a deleterious exotic species of bees is located.
(b) A person may not move or ship bees, equipment, pollen,
or honey into or out of an area quarantined under this section,
except in accordance with rules adopted by the inspector.
Amended by Acts 1983, 68th Leg., p. 1884, ch. 350, § 1, eff.
Sept. 1, 1983; Acts 1985, 69th Leg., ch. 418, § 2, eff. Sept. 1,
1985.
§ 131.023. SALE OF QUEEN BEE AND ATTENDANTS, PACKAGE
BEES, AND NUCLEI. A person may not sell or offer for sale a queen
bee and attendant bees, package bees, nuclei, or queen cells in this
state unless the bees are accompanied by:
(1) a copy of a certificate from the chief apiary
inspector certifying that the apiary from which the queen bee was
shipped has been inspected not more than 12 months before the date
of shipment and found apparently free from disease; or
(2) a copy of an affidavit made by the beekeeper
stating that:
(A) to his knowledge, the bees are not diseased;
and
(B) the honey used in making the candy contained
in the queen cage has been diluted and boiled for at least 30
minutes in a closed vessel.
Amended by Acts 1983, 68th Leg., p. 1884, ch. 350, § 1, eff.
Sept. 1, 1983; Acts 1985, 69th Leg., ch. 418, § 2, eff. Sept. 1,
1985.
§ 131.024. SEIZURE OF BEES, EQUIPMENT, POLLEN, OR
HONEY. (a) Bees, equipment, pollen, or honey seized by the chief
apiary inspector under Section 131.021 of this code shall be
treated, destroyed, or sold at public auction.
(b) At least five days before an item seized under Section
131.021 of this code may be treated, destroyed, or sold, the
inspector shall send by certified mail, return receipt requested,
written notice of the proposed disposition of the item to the last
known address of the beekeeper or the owner of the item. The notice
must describe the item, the proposed disposition of the item, and
the reason for the disposition. If the name or address of the
beekeeper or owner of the item is unknown, the inspector shall:
(1) publish notice of the proposed disposition for at
least five consecutive days in a newspaper of general circulation
in the county where the property was seized; or
(2) post notice of the proposed disposition for at
least five consecutive days in three public places, including the
door of the county courthouse, in the county where the property was
seized.
(c) If the inspector sells bees, equipment, pollen, or honey
at a public auction under this section, the inspector shall return
the proceeds of the sale to the former owner after deducting the
costs of the sale.
(d) The owner of bees, equipment, pollen, or honey treated
or destroyed under this section is liable for the costs of treatment
or destruction, and the inspector may sue to collect those costs.
The inspector shall remit money collected under this subsection to
the comptroller for deposit to the credit of the general revenue
fund.
Amended by Acts 1983, 68th Leg., p. 1884, ch. 350, § 1, eff.
Sept. 1, 1983; Acts 1985, 69th Leg., ch. 418, § 2, eff. Sept. 1,
1985; Acts 1997, 75th Leg., ch. 1423, § 2.12, eff. Sept. 1,
1997.
§ 131.025. DUTY TO REPORT DISEASED BEES. If a beekeeper
knows that a colony of bees is diseased, the beekeeper shall
immediately report to the chief apiary inspector all facts known
about the diseased bees.
Amended by Acts 1983, 68th Leg., p. 1884, ch. 350, § 1, eff.
Sept. 1, 1983; Acts 1985, 69th Leg., ch. 418, § 1, eff. Sept. 1,
1985.
SUBCHAPTER C. PERMITS AND REGISTRATION
§ 131.041. PERMIT FOR IMPORTATION. (a) A person may
not ship or cause to be shipped bees or equipment into this state
unless the person has a permit issued by the chief apiary inspector
authorizing the shipment.
(b) A person may apply for a permit under this section by
filing an application with the inspector before the 10th day
preceding the date of the shipment. An application for a permit
must include:
(1) a complete description of the shipment;
(2) the destination of the shipment;
(3) the approximate date of the shipment;
(4) the names and addresses of the consignor and
consignee; and
(5) a certificate of inspection signed by the official
apiary inspector or entomologist of the state, territory, or
country from which the bees are to be shipped.
(c) A certificate of inspection for a permit required by
Subsection (b)(5) of this section must certify that the bees or
equipment are apparently free from disease based on an actual
inspection conducted not more than 12 months before the date of the
shipment. If the bees or equipment are to be shipped into this
state from a state, territory, or country that does not have an
official apiary inspector or entomologist, the person shipping the
bees or equipment may provide other suitable evidence that the bees
and equipment are free from disease.
(d) If a person files an application in accordance with
Subsection (b) of this section and the inspector is satisfied that
the shipment does not pose a threat to disease control in the
beekeeping industry, the inspector shall issue a permit authorizing
the shipment.
(e) This section does not apply to a shipment of live bees in
wire cages without combs or honey.
Amended by Acts 1983, 68th Leg., p. 1884, ch. 350, § 1, eff.
Sept. 1, 1983; Acts 1985, 69th Leg., ch. 418, § 3, eff. Sept. 1,
1985.
§ 131.042. PERMIT FOR EXPORTATION. (a) A person who
ships bees or equipment from this state to another state,
territory, or country may apply to the chief apiary inspector for a
permit authorizing the shipment. The application must include:
(1) a complete description of the shipment;
(2) the destination of the shipment;
(3) the approximate date of the shipment;
(4) the names and addresses of the consignor and
consignee; and
(5) evidence that the shipment is apparently free from
a disease of bees.
(b) The inspector shall accept as evidence that a shipment
is apparently free from disease either:
(1) a certificate of inspection issued under Section
131.044 of this code; or
(2) an affidavit by the beekeeper or owner of the bees
or equipment stating that to his knowledge, the bees or equipment
are free from disease.
(c) If a person files an application in accordance with
Subsection (a) of this section, and the inspector is satisfied that
the shipment does not pose a threat to disease control in the
beekeeping industry, the inspector shall issue a permit for the
shipment.
(d) The inspector shall charge a fee for each permit issued
under this section. The inspector shall set the fee at an amount
that is reasonable in relation to the costs of administering this
section, but at not less than $50. Additional copies of each permit
issued under this section shall be available from the inspector for
a reasonable fee set by the inspector at not less than $10.
Amended by Acts 1983, 68th Leg., p. 1884, ch. 350, § 1, eff.
Sept. 1, 1983; Acts 1985, 69th Leg., ch. 418, § 3, eff. Sept. 1,
1985.
§ 131.043. PERMITS FOR INTRASTATE SHIPMENT. (a) A
person may not ship or cause to be shipped bees or equipment between
counties in this state unless the person has a permit issued by the
chief apiary inspector authorizing the shipment.
(b) A person may apply for a permit under this section by
filing an application for a permit with the inspector before the
10th day preceding the date of shipment. An application for a
permit must include:
(1) the name, address, and telephone number of the
beekeeper;
(2) a complete description of the bees or equipment to
be moved;
(3) the number of intercounty movements anticipated;
(4) the destination of each shipment; and
(5) the approximate date or dates of movement.
(c) If a person files an application in accordance with
Subsection (b) of this section and the inspector is satisfied that
the shipment does not pose a threat to disease control in the
beekeeping industry, the inspector shall issue a permit authorizing
the shipment.
(d) The inspector shall charge a fee for each permit issued
under this section. The inspector shall set the fee at an amount
that is reasonable in relation to the costs of administering this
section, but at not less than $25.
(e) An individual who owns not more than 12 colonies of bees
is exempt from the permit fee charged under Subsection (d) of this
section.
(f) A permit issued under this section entitles the
permittee to move the bees or equipment between the designated
counties during the state fiscal year in which the permit was
issued.
Amended by Acts 1983, 68th Leg., p. 1884, ch. 350, § 1, eff.
Sept. 1, 1983; Acts 1985, 69th Leg., ch. 418, § 3, eff. Sept. 1,
1985.
§ 131.044. CERTIFICATE OF INSPECTION. (a) A person
who wants a certificate of inspection for bees, equipment, pollen,
or honey must file a written request for the inspection with the
chief apiary inspector.
(b) On receipt of a request, the inspector shall authorize
the inspection of the bees, equipment, pollen, or honey for the
presence of disease.
(c) If a disease is not found in the bees, equipment,
pollen, or honey, the inspector shall certify in writing that the
bees, equipment, pollen, or honey is apparently free from disease.
(d) The inspector shall charge fees for inspections
requested under this section. The inspector shall set the fees in
amounts that are reasonable in relation to the costs of
administering this section, but at not less than the following
amounts:
(1) for each inspection of an apiary or group of
apiaries, except a queen apiary, located within an area of 100
square miles$ 50
(2) for an inspection of a queen apiary or group of
queen apiaries located within an area of 100 square miles$200
(3) for each additional inspection of a queen apiary
or group of queen apiaries located within an area of 100 square
miles$ 50.
(e) The beekeeper of diseased bees or equipment shall pay an
additional fee, in a reasonable amount set by the inspector at not
less that $25, for each subsequent inspection that the inspector
determines is necessary to contain, treat, or eradicate the
disease.
Amended by Acts 1983, 68th Leg., p. 1884, ch. 350, § 1, eff.
Sept. 1, 1983; Acts 1985, 69th Leg., ch. 418, § 3, eff. Sept. 1,
1985.
§ 131.045. APIARY REGISTRATION. (a) The chief apiary
inspector may provide for the periodic registration of all apiaries
in this state.
(b) A registration must include:
(1) the beekeeper's name, address, and telephone
number;
(2) the county or counties in which the apiary will be
located; and
(3) the approximate dates that the apiary will be
located in each county.
(c) The inspector may require a beekeeper to submit with the
registration information a map showing the exact location of each
of the beekeeper's apiaries. A map submitted under this section is
a trade secret under Chapter 552, Government Code, and may not be
disclosed.
Amended by Acts 1983, 68th Leg., p. 1884, ch. 350, § 1, eff.
Sept. 1, 1983; Acts 1985, 69th Leg., ch. 418, § 3, eff. Sept. 1,
1985; Acts 1995, 74th Leg., ch. 76, § 5.95(88), eff. Sept. 1,
1995.
§ 131.046. DISPOSITION AND USE OF FEES. (a) Fees
collected under this subchapter shall be deposited in the State
Treasury to the credit of a special fund to be known as the bee
disease control fund to be used only to defray the costs of
administering and enforcing this chapter.
(b) The chief apiary inspector may sue to collect a
delinquent fee under this subchapter.
Amended by Acts 1983, 68th Leg., p. 1884, ch. 350, § 1, eff.
Sept. 1, 1983; Acts 1985, 69th Leg., ch. 418, § 3, eff. Sept. 1,
1985.
SUBCHAPTER D. BRANDING AND IDENTIFICATION OF APIARY EQUIPMENT
§ 131.061. IDENTIFICATION REQUIRED. A person may not
operate an apiary in this state unless the apiary equipment is:
(1) clearly and indelibly marked with the name and
address of the person; or
(2) branded in accordance with Section 131.064 of this
code with a brand registered to the person by the chief apiary
inspector.
Amended by Acts 1983, 68th Leg., p. 1884, ch. 350, § 1, eff.
Sept. 1, 1983; Acts 1985, 69th Leg., ch. 418, § 4, eff. Sept. 1,
1985.
§ 131.062. BRAND; REGISTRATION. (a) The chief apiary
inspector shall maintain a system of registration of apiary
equipment brands to identify equipment used by a beekeeper in an
apiary.
(b) Each brand shall consist of three numbers separated by
hyphens, with the first number signifying that the brand is a
state-registered brand, the second number identifying the
registrant's county of residence, and the third number identifying
the registrant.
Amended by Acts 1983, 68th Leg., p. 1884, ch. 350, § 1, eff.
Sept. 1, 1983; Acts 1985, 69th Leg., ch. 418, § 4, eff. Sept. 1,
1985.
§ 131.063. REGISTRATION OF BRAND; FEE. (a) The chief
apiary inspector shall register a brand for each person who applies
for a brand and pays a recording fee. The inspector shall set the
fee at an amount that is reasonable in relation to the costs of
administering this section, but at not less than 50 cents.
(b) The inspector shall remit money collected under this
section to the comptroller for deposit to the credit of the bee
disease control fund.
Amended by Acts 1983, 68th Leg., p. 1884, ch. 350, § 1, eff.
Sept. 1, 1983; Acts 1985, 69th Leg., ch. 418, § 4, eff. Sept. 1,
1985; Acts 1997, 75th Leg., ch. 1423, § 2.13, eff. Sept. 1,
1997.
§ 131.064. AFFIXING BRAND TO EQUIPMENT. A registrant
shall affix the registered brand to his or her apiary equipment by
burning or pressing the brand, in figures at least three-quarters
of an inch high, into the wood or other material in a manner that
shows the identification of equipment. The registrant shall affix
the brand on one or both ends of the hive. On other equipment,
including a frame, intercover, top, bottom, or plank, the
registrant may affix the brand in any place.
Amended by Acts 1983, 68th Leg., p. 1884, ch. 350, § 1, eff.
Sept. 1, 1983.
§ 131.065. TRANSFER OF BRAND. (a) A brand may be
transferred only if:
(1) the chief apiary inspector approves the transfer;
and
(2) the transferor is selling all of the transferor's
bees and equipment to the person to whom the brand is to be
transferred.
(b) If a brand is to be transferred, the seller shall give a
bill of sale for the bees and equipment that shows the seller's
brand.
(c) A person may sell an individual piece of branded
equipment, but the brand is not transferred to the buyer. If the
buyer of the equipment has a brand, the buyer shall affix the
buyer's brand below the brand of the prior owner.
Amended by Acts 1983, 68th Leg., p. 1884, ch. 350, § 1, eff.
Sept. 1, 1983; Acts 1985, 69th Leg., ch. 418, § 4, eff. Sept. 1,
1985.
SUBCHAPTER E. LABELING AND SALE OF HONEY
§ 131.081. USE OF "HONEY" ON LABEL. A person may not
label, sell, or keep, offer, or expose for sale a product identified
on its label as "honey," "liquid or extracted honey," "strained
honey," or "pure honey" unless the product consists exclusively of
pure honey.
Amended by Acts 1983, 68th Leg., p. 1884, ch. 350, § 1, eff.
Sept. 1, 1983.
§ 131.082. USE OF BEE, HIVE, OR COMB DESIGN. A person
may not label, sell, or keep, expose, or offer for sale a product
that resembles honey and that has on its label a picture or drawing
of a bee, hive, or comb unless the product consists exclusively of
pure honey.
Amended by Acts 1983, 68th Leg., p. 1884, ch. 350, § 1, eff.
Sept. 1, 1983.
§ 131.083. SALE OF IMITATION HONEY. A person may not
label, sell, or keep, expose, or offer for sale a product that
resembles honey and is identified on its label as "imitation
honey."
Amended by Acts 1983, 68th Leg., p. 1884, ch. 350, § 1, eff.
Sept. 1, 1983.
§ 131.084. SALE OF HONEY MIXTURES. (a) A person may
not label, sell, or keep, expose, or offer for sale a product that
consists of honey mixed with another ingredient unless:
(1) the product bears a label with a list of
ingredients; and
(2) "honey" appears in the list of ingredients in the
same size type of print as the other ingredients.
(b) A person may not label, sell, or keep, expose, or offer
for sale a product that contains honey mixed with another
ingredient and contains in the product name "honey" in a larger size
of type or print or in a more prominent position than the other
words in the product name.
Amended by Acts 1983, 68th Leg., p. 1884, ch. 350, § 1, eff.
Sept. 1, 1983.
SUBCHAPTER F. ENFORCEMENT
§ 131.101. ENFORCEMENT AUTHORITY. The chief apiary
inspector is the official responsible for enforcing Subchapters B,
C, and D of this chapter. The Texas Department of Health is the
agency responsible for enforcing Subchapter E of this chapter.
Amended by Acts 1983, 68th Leg., p. 1884, ch. 350, § 1, eff.
Sept. 1, 1983; Acts 1985, 69th Leg., ch. 418, § 5, eff. Sept. 1,
1985.
§ 131.102. ENTRY POWER. (a) The chief apiary
inspector may enter at a reasonable hour any public or private
premises, including a building, depot, express office, storeroom,
vehicle, or warehouse, in which bees, equipment, pollen, or honey
may be located to determine whether a violation of Subchapter B, C,
or D of this chapter has occurred or is occurring.
(b) The Texas Department of Health may enter at a reasonable
hour any public or private premises, including a building, depot,
express office, storeroom, vehicle, or warehouse, in which bees,
equipment, pollen, or honey may be located to determine whether a
violation of Subchapter E of this chapter has occurred or is
occurring.
Amended by Acts 1983, 68th Leg., p. 1884, ch. 350, § 1, eff.
Sept. 1, 1983; Acts 1985, 69th Leg., ch. 418, § 5, eff. Sept. 1,
1985.
§ 131.103. STOP-SALE ORDER. If the official or agency
responsible for enforcing a provision of this chapter or a rule or
quarantine adopted under this chapter has reason to believe a
colony of bees, equipment, pollen, or honey is in violation of the
provision, the official or agency may issue a written order to stop
the sale of the bees, equipment, pollen, or honey. When the
official or agency issues a stop-sale order, the official or agency
shall deliver a copy of the order to the person who possesses the
bees, equipment, pollen, or honey. On receipt of the copy of the
order, a person may not sell or transport the bees, equipment,
pollen, or honey until the official or agency that issued the order
determines that the items are in compliance with this chapter.
Amended by Acts 1983, 68th Leg., p. 1884, ch. 350, § 1, eff.
Sept. 1, 1983.
§ 131.104. CIVIL ACTIONS. (a) The official or agency
responsible for enforcing a provision of this chapter or a rule or
quarantine adopted under this chapter may sue to enjoin a violation
or threatened violation of the provision and may maintain other
civil actions necessary to enforce this chapter.
(b) On the request of the official or agency suing under
this section, the attorney general or a county or district attorney
shall represent the official or agency in the civil action.
(c) A sheriff or constable shall protect the officers or
employees of the official or agency in the discharge of the duties
given to the official or agency by this chapter.
(d) The official or agency is not required to give bond or
other security in a legal proceeding instituted or defended under
this chapter in a court of this state.
Amended by Acts 1983, 68th Leg., p. 1884, ch. 350, § 1, eff.
Sept. 1, 1983.
§ 131.105. VENUE FOR CIVIL AND CRIMINAL ACTIONS. Venue
for a civil or criminal prosecution under this chapter is in the
county where the affected group of bees, equipment, pollen, or
honey is located at the time the violation is discovered by or made
known to the official or agency.
Amended by Acts 1983, 68th Leg., p. 1884, ch. 350, § 1, eff.
Sept. 1, 1983.
SUBCHAPTER G. PENALTIES
§ 131.121. DISEASE CONTROL. (a) A person commits an
offense if the person:
(1) violates a provision of Section 131.022 or 131.023
of this code;
(2) fails to report diseased bees in accordance with
Section 131.025 of this code;
(3) ships or causes bees or equipment to be shipped
into this state or between counties in this state without the permit
required by Section 131.041 or 131.043 of this chapter;
(4) violates a rule, order, or quarantine of the chief
apiary inspector adopted under this chapter;
(5) prevents or attempts to prevent an inspection of
bees, equipment, pollen, or honey under the direction of the
inspector under this chapter;
(6) prevents or attempts to prevent the discovery or
treatment of diseased bees;
(7) interferes with or attempts to interfere with the
inspector in the discharge of the duties under this chapter;
(8) as the owner or keeper of a diseased colony of
bees, barters, gives away, sells, ships, or moves diseased bees,
equipment, pollen, or honey or exposes other bees to the disease;
(9) exposes honey, pollen, hives, frames, combs, bees,
or appliances known to be diseased in a manner that provides access
to bees; or
(10) sells, offers for sale, barters, gives away,
ships, or distributes honey or pollen taken from a colony of
diseased bees.
(b) An offense under this section is a Class C misdemeanor.
(c) All fines collected under this section shall be
deposited in the state treasury.
Amended by Acts 1983, 68th Leg., p. 1884, ch. 350, § 1, eff.
Sept. 1, 1983; Acts 1985, 69th Leg., ch. 418, § 6, eff. Sept. 1,
1985.
§ 131.122. APIARY EQUIPMENT BRANDS. (a) A person
commits an offense if the person:
(1) violates Section 131.061 of this code; or
(2) alters or attempts to alter a registered apiary
equipment brand without authorization from the chief apiary
inspector.
(b) An offense under this section is a Class C misdemeanor.
(c) Each of the following is prima facie evidence of an
offense under this section:
(1) unauthorized possession of equipment on which the
brand has been altered;
(2) possession of branded equipment without a bill of
sale or written proof of ownership; or
(3) use of a registered brand that is not registered to
the person using the brand.
Amended by Acts 1983, 68th Leg., p. 1884, ch. 350, § 1, eff.
Sept. 1, 1983; Acts 1985, 69th Leg., ch. 418, § 7, eff. Sept. 1,
1985.
§ 131.123. LABELING OR SALE OF HONEY. (a) A person
commits an offense if the person violates a provision of Subchapter
E of this chapter.
(b) An offense under this section is a Class B misdemeanor.
Amended by Acts 1983, 68th Leg., p. 1884, ch. 350, § 1, eff.
Sept. 1, 1983.
