Diseases of Animals
(Bees) (Jersey) Order 2013
THE MINISTER
FOR PLANNING AND ENVIRONMENT, in pursuance of Articles 28 and 42 of the Diseases of Animals
(Jersey) Law 1956, orders as follows –[1]
Commencement [see endnotes]
1 Interpretation[2]
In
this Order –
“American foul brood” means the disease of the brood of
bees caused by the organism Paenibacillus larvae;
“appliances” means containers, quilts and any other
apparatus used in connection with keeping or transporting bees;
“approved laboratory” means a laboratory approved for
the purposes of this Order by the Minister;
“bee pest” means any beetle, mite or similar organism
that may be injurious to bees and that is in any stage of its life cycle;
“bee product” means any natural product of the
activities of bees (such as, for example, honey or beeswax) in its natural
state;
“bees” has the same meaning as in Article 28 of the
Law;
“European foul brood” means the disease of the brood of
bees caused by the organism Melissococcus plutonius;
“field test” means a test conducted using a portable
test kit that confirms the presence of a disease without the need to send
samples to a laboratory;
“hive” means anything that contains or has at any time
contained a colony of bees;
“hive owner” means the person who owns a hive;
“infection” means, in relation to a bee pest,
infestation;
“land” includes any building;
“Law” means the Diseases of Animals (Jersey)
Law 1956;
“licence” means a licence granted by the Minister;
“notifiable disease” shall be construed in accordance
with Article 2(1);
“notifiable pest” shall be construed in accordance with
Article 2(2);
“quilt” means any form of cloth material used to cover a
bee colony in a hive;
“used bee equipment” means hives, skeps, tools, smokers
and bee apparel that have been used in connection with the keeping or
transporting of bees.
2 Notifiable
diseases and pests
(1) The following diseases
are notifiable –
(a) American
foul brood;
(b) European
foul brood.
(2) The following pests are
notifiable –
(a) small
hive beetle (Aethina tumida);
(b) any
species of the Tropilaelaps mite.
3 Requirement
for registration of owner and hives
(1) A person must, within
28 days of becoming a hive owner, provide the Minister with the
person’s name, address and telephone number.
(2) A hive owner must,
within 28 days of a request being made by the Minister, provide the
Minister with the following information in respect of each hive owned by the
hive owner –
(a) the
location of the hive; and
(b) if
the hive is tended by a person other than the hive owner, the name, address and
telephone number of that person.
(3) The hive owner must
inform the Minister of any change in the information described in paragraph (1)
or provided in accordance with paragraph (2), within the period of
28 days following the change.
(4) Information required by
this Article must be provided in writing, on a form provided by the Minister
for the purpose.
4 Notifiable
disease or pest in, or suspected in, hive
(1) A hive owner or person
who tends a hive who knows or suspects that –
(a) any
bees from the hive are infected with a notifiable disease; or
(b) a
notifiable pest is present in the hive or on the same land or in the same
vessel as the hive,
shall immediately notify that fact to the Minister.
(2) If the hive owner and
the person who tends the hive are not the same person, whichever of them gives
notice under paragraph (1) shall inform the other of them that the notice
has been given.
(3) Where a notice has been
given under paragraph (1) in respect of a hive, the hive owner and, if
different, the person who tends the hive shall not remove, or permit to be
removed, from the land on which or the vessel in which the hive is situated –
(a) any
hive, bees, bee pests, bee products, combs, hive debris or appliances; or
(b) any
other thing liable to spread the notifiable disease or notifiable pest.
(4) Paragraph (3) does
not prevent the hive owner or person who tends the hive submitting to the
Minister, for laboratory tests, samples of –
(a) any
parts of the hive, bees, bee products, combs or hive debris to establish
whether they are infected with a notifiable disease or notifiable pest;
(b) any
bee pest to establish whether it is a notifiable pest; and
(c) soil
from the area surrounding the hive, to establish whether it is infected with a
notifiable pest.
(5) A sample submitted
under paragraph (4) shall be packed so as to prevent, as far as possible,
the risk of the spread of disease or pest during transit.
(6) The prohibition in
paragraph (3) in respect of a hive shall remain in force until –
(a) a
notice is served under Article 7(1) or (4) that prohibits the removal of
the hive; or
(b) if no
such notice is served, until –
(i) an inspector has
confirmed by notice to the person who gave the notice under paragraph (1),
that the inspector is satisfied that the bees are not infected with a
notifiable disease or that a notifiable pest is not present in the hive or on
the same land or in the same vessel as the hive, or
(ii) a
person who has submitted samples under paragraph (4) has been informed
that the test results for those samples confirm that the material sampled is
free from a notifiable disease or is free from, or is not, a notifiable pest.
5 Notifiable
pest on, or suspected on, any land or vessel
(1) Any person who has in
his or her possession or charge, or discovers in the course of his or her
occupation, a bee pest that the person knows or suspects is a notifiable pest
shall immediately notify that fact to the Minister.
(2) A person who gives
notice under paragraph (1) shall not remove, or permit to be removed, from
the land on which or the vessel in which the suspected notifiable pest is
situated, any bee pest or anything by which the suspected notifiable pest is
liable to be spread.
(3) Paragraph (2) does
not prevent the person submitting to the Minister, for laboratory tests,
samples of –
(a) any
bee pest, to establish whether it is a notifiable pest; and
(b) any
other thing, including soil, to establish if it is infected with a notifiable
pest.
(4) A sample submitted
under paragraph (3) shall be packed so as to prevent, as far as possible,
the risk of the spread of pest during transit.
(5) The prohibition in
paragraph (2) in respect of land or a vessel shall remain in force until –
(a) a
notice is served under Article 7(1) or (4) in respect of the land or
vessel; or
(b) if no
such noticed is served, until –
(i) an inspector has
confirmed by notice given to the person who gave notice under paragraph (1)
that the inspector is satisfied that the suspected notifiable pest is not
present on the land or in the vessel, or
(ii) a
person who has submitted samples under paragraph (3) has been informed
that the test results for any samples submitted to an approved laboratory
confirm that the material sampled is not a notifiable pest or is not infected
with a notifiable pest.
6 Inspector’s
powers to conduct tests, take samples and mark hives
(1) An inspector may
conduct a field test upon, or take samples of, any bees, bee products, combs,
quilts and hive debris to ascertain whether they are free from infection with
any notifiable disease or notifiable pest.
(2) An inspector may mark
any hive or appliance for identification purposes.
(3) A person who is not an
inspector shall not interfere with a mark made under paragraph (2) or
permit such a mark to be interfered with.
7 Inspector’s
powers to prohibit movement where notifiable disease or pest suspected
(1) Where an inspector has
reasonable grounds for supposing that any notifiable disease or notifiable pest
is present on land or in a vessel, the inspector shall serve a notice on the
owner of, or person who tends, any hive on the land or in the vessel.
(2) A notice served under
paragraph (1) shall prohibit the removal, unless authorized by licence, of –
(a) any
hive, bees, bee products, combs, hive debris or appliances situated on the land
or in the vessel;
(b) any
other thing that is situated on the land or in the vessel and is liable to
spread a notifiable disease or notifiable pest; or
(c) any
bee pests contained in or affecting anything mentioned in sub-paragraph (a)
or (b).
(3) A notice served under
paragraph (1) shall cease to have effect if a report on samples taken by
the inspector under Article 6(1) does not confirm the presence of any
notifiable disease or notifiable pest.
(4) Where an inspector is
unable to gain entry to any land on which or vessel in which the inspector has
reasonable grounds for supposing that any notifiable disease or notifiable pest
is present, the inspector may serve a notice on –
(a) the
person appearing to be the owner or occupier of the land or vessel; or
(b) the
owner of, or person who tends, any hive on the land or in the vessel.
(5) A notice served under paragraph (4)
shall prohibit the removal from the land or vessel of –
(a) any
hive, bees, bee products, combs, hive debris or appliances; and
(b) any
other thing that is liable to spread a notifiable disease or notifiable pest.
(6) A notice served under
paragraph (4) shall cease to have effect upon an inspector gaining entry
to the land or vessel but may be replaced by a notice served under paragraph (1).
8 Testing
and reports on samples
(1) The Minister shall
arrange for any sample submitted under Article 4(4) or 5(3) to be
tested by an approved laboratory.
(2) An inspector shall
arrange for any sample taken under Article 6(1) to be tested by an
approved laboratory.
(3) An approved laboratory
shall, as soon as possible, send its report on a sample submitted under this
Article to the Minister or the inspector who arranged the test.
(4) The Minister, upon
receiving the report on a sample submitted under Article 4(4) or 5(3),
shall send a copy of the report to the person who submitted the sample.
9 Measures
where notifiable disease confirmed in hive
(1) The presence of a
notifiable disease in a hive may be confirmed by a report under Article 8
or on the basis of the result of a field test conducted by an inspector.
(2) Where the presence of
American foul brood has been confirmed in a hive, the Minister –
(a) shall
serve on the person who tends the hive a notice requiring the destruction, in
accordance with the notice, of any bees, bee products or combs from the hive;
(b) may
serve on the person who tends the hive a notice requiring the destruction or
treatment, in accordance with the notice, of the hive, hive debris and any
appliances or other things liable to spread the disease; and
(c) may
serve on any other person who is the owner or person in charge of any appliances
or other things liable to spread the disease a notice requiring the destruction
or treatment of the appliances or other things, in accordance with the notice.
(3) Where the presence of
European foul brood has been confirmed in a hive, the Minister –
(a) shall
serve on the person who tends the hive a notice requiring the destruction or
treatment, in accordance with the notice, of any bees, bee products or combs
from the hive;
(b) may
serve on the person who tends the hive a notice requiring the destruction or
treatment, in accordance with the notice, of the hive, hive debris and any
appliances or other things liable to spread the disease; and
(c) may
serve on any other person who is the owner or person in charge of any
appliances or other things liable to spread the disease a notice requiring the
destruction or treatment of the appliances or other things, in accordance with
the notice.
(4) If, once any action
required by a notice under this Article has been completed, a further sample
submitted to an approved laboratory or a further field test conducted by an
inspector confirms that the notifiable disease is still present, the Minister
may serve a further notice under this Article.
10 Measures
where notifiable pest confirmed
(1) The presence of a notifiable
pest may be confirmed by a report under Article 8 or by examination by an
inspector.
(2) Where the presence of a
notifiable pest has been confirmed in a hive or on the same premises as a hive,
the Minister –
(a) shall
serve on the person who tends the hive a notice requiring the destruction or
treatment of the hive, any bees, bee pests, bee products, combs, hive debris
and any appliances or other things by which the notifiable pest is liable to be
spread;
(b) may
serve on the owner or occupier of the land on which the hive is situated a
notice requiring the treatment of the soil surrounding the hive; and
(c) may
serve on any other person who is the owner or person in charge of any
appliances or other things by which the notifiable pest is liable to be spread,
a notice requiring the destruction or treatment of the appliances or other
things.
(3) Where the presence of a
notifiable pest has been confirmed on any land or in any vessel, the Minister
may serve a notice requiring the destruction or treatment of any bee pests and
of any other things by which the notifiable pest is liable to be spread on –
(a) any
person who has a bee pest in his or her possession or charge;
(b) the
owner or occupier of the land or the owner or person in charge of the vessel.
(4) If, once any action
required by a notice under this Article has been completed, a further sample
submitted to an approved laboratory or a further examination by an inspector
confirms that the notifiable pest is still present, a further notice may be
served under this Article.
11 Declaration
of area infected by notifiable disease or pest
(1) The Minister may by
notice declare an area specified in the notice, in which the presence of a
notifiable disease or notifiable pest has been confirmed, to be an infected
area.
(2) A notice under
paragraph (1) may apply all or any of the powers, prohibition and
requirement described in Article 12 in the whole or in different parts of
the infected area, as the Minister considers necessary to prevent the spread of
the notifiable disease or notifiable pest.
(3) A notice under
paragraph (1) shall be published in such manner as the Minister considers
appropriate to bring it to the attention of persons likely to be affected by
it.
(4) A person shall comply
with the provisions of a notice under paragraph (1).
12 Powers
and prohibitions that may be applied in infected area
The powers, prohibition and requirement referred to in Article 11(2)
are that –
(a) an inspector may serve
on a person who tends a hive or on the owner of any hive, bees, bee products,
combs, hive debris or any appliance or other things found to have been exposed
to infection with the notifiable disease or notifiable pest, a notice requiring
their destruction or treatment;
(b) an inspector may serve
on the owner or occupier of any land on which a hive found to have been exposed
to infection is situated, a notice requiring the treatment of the soil
surrounding the hive;
(c) no person shall move,
or permit to be moved, any hive, bees, bee pests, bee products, combs, hive
debris, appliances or other things by which the notifiable disease or
notifiable pest to which the declaration relates is liable to be spread, from
the land on which or the vessel in which they are situated, unless authorized
by licence.
13 Notices
under Article 9, 10 or 12
(1) A notice under Article 9
or 10 or 12 may require any destruction or treatment –
(a) to be
carried out –
(i) by a specified
person,
(ii) in
the presence, or under the supervision of, an inspector, if the destruction or
treatment is not to be carried out by an inspector, and
(iii) in
such manner as is specified in the notice; and
(b) to
have taken place by a date specified in the notice.
(2) A notice under Article 9,
10 or 12 may require any treatment to be carried out –
(a) using
a substance specified in the notice;
(b) using
a method or action specified in the notice; and
(c) over
a period of time specified in the notice.
14 Importation
of bees and used bee equipment[3]
(1) Bees
and used bee equipment may not be imported into Jersey.
(2) Paragraph (1)
does not prevent the importation of bees or used bee equipment in accordance
with a licence granted under Article 15(2).
(3) At least one working day before the expected arrival of the
consignment, an importer of bees must notify the Minister, using a form
provided by the Minister for the purpose, of the nature of the consignment, its
anticipated date of arrival and the place of destination.
(4) At
least one working day before the expected arrival of the consignment, an
importer of used bee equipment must notify the Minister, using a form provided
by the Minister for the purpose, of the nature of the consignment, its
anticipated date of arrival and the place of destination and the notification
must include an itemised list of used bee equipment.
(5) In
this Article “working day” means any day, other than –
(a) a
Saturday or Sunday;
(b) Christmas
Day or Good Friday; or
(c) a day
that is a public holiday under the Public Holidays
and Bank Holidays (Jersey) Act 2010.
15 Licensing
(1) The Minister may by
licence authorize any act that would, apart from the licence, be prohibited by
a notice under Article 7(1) or 12(c).
(2) The Minister may by
licence authorize the importation of bees and used bee equipment.[4]
(3) A licence under this
Article may be –
(a) granted
to a particular person, to persons of a class or to all persons; and
(b) be
granted subject to conditions specified in the licence or unconditionally.
(4) A licence under this
Article may be revoked, suspended or varied at any time by the Minister.
(5) The Minister shall, on
a website maintained by the States of Jersey, publish any licence that is
granted under this Article to all persons.
16 Service
of notices
(1) Any notice served under
this Order shall be properly served on any person if it is –
(a) delivered
to the person personally;
(b) left
at or posted to the person’s home or place of business last known to the
Minister; or
(c) where
the conditions in paragraph (2) are satisfied – e-mailed to the
person at the e-mail address provided by the person under paragraph (2).
(2) The conditions for
service by e-mail are that the recipient –
(a) has
indicated, in writing, to the Minister that he or she is willing to accept services
of notices under this Order by e-mail and has not withdrawn such indication;
and
(b) has
provided, in writing, to the Minister an e-mail address for this purpose.
17 Transitional
arrangement for Article 3
(1) A person who, in
accordance with the previous registration requirement, has notified the
Minister, before commencement, of the location of a hive that the person owns,
shall be taken to have complied with Article 3(1) of this Order in
relation to the hive.
(2) Article 3(1) shall
apply to a person who, upon commencement, owns a hive but has not notified the
Minister of its location, in accordance with the previous registration
requirement, as if the requirement to provide the information described in
Article 3(1) were a requirement to provide that information within the
period of 28 days following commencement.
(3) In this Article –
“commencement” means 12th June 2013;
“previous registration requirement” is the requirement
in paragraph 3 of the Schedule to the Bee Diseases Control (Jersey) Order 1992
as applied by the declaration made under Article 5(1)(b) of that Order on
3rd June 2010.
18 Citation
This Order may be cited as the Diseases of Animals (Bees) (Jersey)
Order 2013.