2VAC5-319-10. Definitions.

"Apiary operator" means a person who operates an apiary and seeks to limit his liability for any personal injury or property damage that occurs in connection with his keeping and maintaining of bees, bee equipment, queen breeding equipment, apiaries, or appliances as provided for in § 3.2-4411.1 of the Code of Virginia.

Strike gender references.

2VAC5-319-20

2VAC5-319-20. Limitation of liability.

A. An apiary operator operating in conformance with § 3.2-4411.1 of the Code of Virginia and this chapter shall not be liable for any personal injury or property damage that occurs in connection with his keeping and maintaining of bees, bee equipment, queen breeding equipment, apiaries, or appliances. This limitation of liability does not apply to intentional tortious conduct or acts or omissions constituting gross negligence or negligence.

B. A person is not required to comply with the provisions of this chapter unless he seekings to limit his liability as provided for in § 3.2-4411.1 of the Code of Virginia.

Strike gender references.

2VAC5-319-30

2VAC5-319-30. Best management practices.

A. An apiary operator shall comply with local, state, and federal ordinances, regulations, and laws pertaining to beekeeping.

Need to append:  "Local, state and federal ordinances, regulations and laws shall take precedence over these best management practices."  This will provide the desired liability limitation.  Localities which have adopted their own ordinances should not be bound by the best management practices.

B. An apiary operator shall maintain a healthy populous colony of bees by:

1. Removing or securely sealing any empty bee equipment in an apiary. For the purpose of this subdivision, "empty" means without bees but containing comb or other materials attractive to bees;

This would appear to prohibit bait hives which are commonly used to attract swarms which have already been cast.  Bait hives provide an preferable alternative for swarms, feral or otherwise, which may settle in a human structure if the bait hive is not available.

5. Maintaining a minimum of 20 pounds of honey in a hive with the equivalent of one frame of pollen stores for brood production during the growing season;

Need to state this is for a "Full" hive.  This is not possible for a nucleus hive, particularly for new splits or swarms on medium equipment.

I. An apiary operator shall only maintain a colony with EHB or EHB hybrid stock and shall:

This would appear to indicate that a AHB x EHB hybrid is acceptable.  Perhaps it should read, "An apiary operator shall only maintain colonies free of AHB genetics."  Another alternative would be to remove the "or EHB hybrid" and expand the definition of EHB to say "EHB means European honey bees free of africanized honey bee genetics".

4. Replace queens in all captured or trapped swarms within 30 days of capturing or trapping swarms;

Need to insure that it is understood that queens need not be purchased from a commercial breeder.  Lack of genetic diversity has been identified as a key challenge facing honey bees.

5. Replace queens in all colonies every two years to minimize swarming behavior; and

Need to insure that it is understood that queens need not be purchased from a commercial breeder.  Lack of genetic diversity has been identified as a key challenge facing honey bees.