In this chapter, the following terms have the meanings indicated. Terms Defined. “Abandoned apiary” means an apiary in which the owner or operator fails to manipulate the colonies in the customary manner, such as: Inspect each colony in the spring and notify the Department of any colony with a disease; Provide super room during honey flow; Remove the honey crop at the end of the season; Inspect each colony in the fall when the crop is removed and notify the Department of any colony with a disease; Provide reasonable and adequate attention to each colony during the year to prevent robbing, which might jeopardize the welfare of neighboring colonies through the spread of disease. “Apiary” means a collection of one or more colonies of bees, including all appliances and equipment used in maintaining and operating it. Appliance. “Appliance” means any apparatus, tool, machine, or other device, such as gloves or veils used in handling and manipulating bees, hives, honey, and wax. “Appliance” includes any container of honey and wax used in an apiary or in transporting bees, their products, and apiary supplies. “Bee” means any stage of the common honey bee, Apis mellifera L. “Bee disease” means: American foulbrood, European foulbrood, chalkbrood, honey bee tracheal mite, varroa mite, small hive beetle; Any infectious agent, predator, or parasite determined by the Department to be dangerously injurious to bees; or Any abnormal condition of egg, larval, pupal, or adult stages of bees. “Bee equipment” means frames, hives, supers, or other hive parts. “Colony” means the hive and includes bees, combs, honey, and equipment. “Department” means Maryland Department of Agriculture. “Hive” includes barrel, box, box hive, frame hive, log gum, skep, or other natural or artificial receptacle or container, or any part of it, which may be used as a domicile for bees. “Honey house” means a structure where honey is extracted and processed for sale. “Inspector” means an individual designated by the Secretary to carry out the provisions of these regulations. “Person” includes: The State, any county, municipal corporation or other political subdivision of the State, or any of its units; An individual, receiver, trustee, guardian, executor, administrator, fiduciary, or representative of any kind; or Any partnership, firm, association, public or private corporation, or any other entity, unless otherwise provided. “Secretary” means the Secretary of Agriculture or the Secretary’s designee. A person keeping a bee colony shall hold a valid registration certificate. A person who is not registered as a beekeeper under this regulation and who acquires a colony shall have it registered with the Department within 30 days after the acquisition. A registration certificate shall be renewed annually upon meeting all of the requirements set forth in this regulation. To obtain a registration certificate, a person shall: Make application to the Department on forms provided by the Department; and Provide access for the inspection of each colony in each apiary. A person keeping bees shall be assigned a permanent identification number. Unless revoked, a registration certificate is valid for 1 year beginning January 1, or the date of issuance, and ending December 31. A registration certificate is not transferable. Each apiary shall be kept in a neat and sanitary condition to promote the welfare of the beekeeping industry. The beekeeper shall keep the honey house in a neat and sanitary condition and shall meet the sanitation standards set forth in §§C—N of this regulation. The honey house shall be so constructed that it can be maintained in a clean and sanitary condition. When the honey is extracted, the honey house shall be used exclusively for the extracting, processing, packing, or handling of honey, and for the storage of equipment related to the business of the honey house. The floors of all rooms in which honey is handled, extracted, processed, packed, or stored shall be clean and in good repair. Walls and ceilings of rooms in which honey is handled, extracted, processed, packed, or stored shall have smooth, washable surfaces and shall be kept clean and in good repair. The roof of the honey house shall be weather-tight. Openings to the outside in the extracting and packing rooms shall be screened and kept in good repair and may be equipped with bee escapes. Screen doors shall be self-closing. All windows and window sills shall be kept clean. Rooms shall be adequately ventilated and there shall be sufficient light to permit efficient operation, including cleaning of the equipment. Lights over exposed food zones shall be protected from breakage to avoid product adulteration. The water supply for the honey processing room shall be easily accessible, adequate, and of a safe, sanitary quality. An adequate supply of clean, hot water shall be available for cleaning equipment. Extractors, tanks, and other equipment with which honey comes in contact shall be stored in such a manner that they are protected from contamination with dust, dirt, rodents, insects, and other contaminants. All equipment shall be kept clean and free from rust. Workers shall wear clean and washable outer clothing during extracting, processing, packing, or handling of honey and shall keep hands clean. A wash basin with running hot water and clean, sanitary towels shall be provided for workers when the honey house is in use. Combs of honey shall be protected from contamination while in transit to the honey house. Before extracting, all combs of honey shall be stored in a clean location. Honey may not be packed in used containers, unless these containers have been previously used only for human food. All containers shall be free from internal rust and shall be clean and sanitary before honey is packed in them. All previously used cans and containers shall be steamed clean or cleaned with hot water. All honey stored in tanks shall be covered so as to be protected from contamination. Packed honey shall be stored in a clean and sanitary manner. Honey shall be extracted only from combs that are: Free from brood of the bees or the larva of the wax moth or small hive beetle; and Properly capped. Covers shall be on extractors except when they are being loaded or unloaded. All honey stored in tanks shall be covered to protect it from contamination. Upon the finding of a colony of bees infected with American or European foulbrood, an inspector shall mark the hive housing the diseased colony to designate American foulbrood or European foulbrood and the date of inspection. These markings may not be removed by the owner until permission is granted in writing by an authorized agent of the Department. If disease is found in a colony or apiary, a quarantine notice shall be issued (if deemed necessary by the Department) to the owner of the diseased colony or apiary. This quarantine notice shall designate the disease or diseases present, the number of colonies affected, together with instruction for treatment or disposition. The quarantine will remain in effect until terminated in writing by an authorized agent of the Department. Bees, bee colonies, or bee equipment used near bees may not be moved from the quarantined property on which the diseased colony or apiary is located until written notice that the quarantine has been lifted is received or unless special permission is granted, in writing, by the authorized agent of the Department. In case of failure to comply with the recommendations for treatment of a diseased colony, or if the colony fails to respond to treatment, the Secretary may proceed to destroy the colony and any bee equipment which may constitute a source of infection. Whenever burning of a diseased colony is necessary, the colony shall be disposed of in the vicinity of the diseased apiary. When an apiary is deemed to be an abandoned apiary, written notice shall be given by certified mail to the owner or operator, if the owner or operator can be located, that the apiary is an abandoned apiary. If the owner or operator cannot be located, the notice shall be served on the owner of the land on which the apiary is located. If the apiary continues to be so abandoned for more than 30 days after notice is served, the Secretary shall take whatever steps are necessary including the removal or destruction, or both, of the apiary, to protect the welfare of neighboring apiaries. Every person engaged in beekeeping shall provide moveable frames in all hives and shall cause the bees in the hives to construct brood combs in the frames so that any frame may be removed without injury to other combs in the hive. In any apiary in which a colony or colonies of bees have died, the owner or operator shall securely close the entrance to the hive of the colony or colonies so that other bees cannot obtain honey from it. The entrances shall remain closed so long as the hives remain in any place where bees may gain access to them. A person may transport through Maryland a bee colony only under the following conditions: Each bee colony shall be screened or covered at all times to prevent bees from escaping; An operator of a motor vehicle transporting bees shall keep the bees from being agitated by operating the vehicle's motor at all times unless refueling, or unless the bees are enclosed in a refrigerated section of the vehicle where the temperature is maintained at 45°F; A motor vehicle containing bees may not be operated more than 1 mile from any interstate highway; and If bees are released for any reason from a vehicle, the operator or other responsible person shall report the release immediately to the Maryland Department of Agriculture and Maryland State Police. A person who violates a provision of this chapter is guilty of a misdemeanor as provided by Agriculture Article, §12-103, Annotated Code of Maryland. Agriculture Article, §§5-501—5-507, Annotated Code of Maryland Effective date: November 1, 1967 Regulation .01 amended effective October 2, 2000 (27:19 Md. R. 1729) Regulations .02 and .04B amended effective August 20, 1975 (2:18 Md. R. 1234) Regulation .02 repealed and new Regulation .02 adopted effective October 2, 2000 (27:19 Md. R. 1729) Regulation .03 repealed and new Regulation .03 adopted effective October 2, 2000 (27:19 Md. R. 1729) Regulation .04D amended effective October 2, 2000 (27:19 Md. R. 1729) Regulation .05 amended effective October 2, 2000 (27:19 Md. R. 1729) Regulation .08 adopted effective December 24, 2012 (39:25 Md. R. 1615) Regulation .09 adopted effective December 24, 2012 (39:25 Md. R. 1615)