(1)  It is a public nuisance to keep an abandoned or diseased apiary, apiary equipment, or appliance anywhere other than in an enclosure that prohibits the entry of bees.

Terms Used In Utah Code 4-11-114

  • Abandoned apiary: means any apiary to which the owner or operator fails to give reasonable and adequate attention during a given year as determined by the department. See Utah Code 4-11-102
  • Apiary: means any place where one or more colonies of bees are located. See Utah Code 4-11-102
  • Apiary equipment: means hives, supers, frames, veils, gloves, or other equipment used to handle or manipulate bees, honey, wax, or hives. See Utah Code 4-11-102
  • Appliance: means any apparatus, tool, machine, or other device used to handle or manipulate bees, wax, honey, or hives. See Utah Code 4-11-102
  • Bee: means the common honey bee, Apis mellifera, at any stage of development. See Utah Code 4-11-102
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Department: means the Department of Agriculture and Food created in Chapter 2, Administration. See Utah Code 4-1-109
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
(2)  Items listed in Subsection (1) are subject to seizure and destruction by the county bee inspector.

(3)  Upon discovery of, or receipt of a written complaint concerning, an abandoned apiary site, apiary equipment, or appliance, the bee inspector shall attempt to notify the registered owner, if any.

(4) 

(a)  A registered owner notified under Subsection (3) shall remove the abandoned apiary, apiary equipment, or appliance or provide a bee-proof enclosure within 15 days.

(b)  The bee inspector or the department shall verify the removal or protection in accordance with Subsection (4)(a) at the expiration of the 15-day period.

(c)  If a registered owner does not comply with Subsection (4)(a), the bee inspector or the department may seize and destroy the abandoned apiary, apiary equipment, and appliances.

(5)  A bee inspector or the department may seize and destroy an abandoned apiary, apiary equipment, or appliances if the abandoned apiary, apiary equipment, or appliances do not indicate a registered owner.

Renumbered and Amended by Chapter 345, 2017 General Session