(1) This order may be cited as the Biosecurity (National American Foulbrood Pest Management Strategy) Order 1998.

(2) This order comes into force on 1 October 1998.

(1) In this order, unless the context otherwise requires,—

(2) Unless the context otherwise requires, terms and expressions used in this order have the same meaning as in the Act.

This order makes the National American Foulbrood Pest Management Strategy.

The organism Paenibacillus larvae larvae, also known as Bacillus larvae, the cause of the disease known as American foulbrood, is the pest to be managed in accordance with the strategy.

(1) The primary objective of the strategy is to manage American foulbrood to reduce the reported incidence of American foulbrood,—

• (a) during the 4 years beginning on 1 July 1999, by an average of 10% each year of the reported incidence of American foulbrood cases in the year beginning on 1 July 1999; and

• (b) during the 5 years beginning on 1 July 2003, by an amount sufficient to ensure that the reported incidence of American foulbrood cases in the year beginning on 1 July 2007 is 0.1% or less.

(2) The secondary objectives of the strategy are—

• (a) to locate all places where beehives are situated and ensure that each honey bee colony is inspected at least once each year for American foulbrood; and

• (b) to identify American foulbrood cases in beehives; and

• (c) to eliminate American foulbrood in beehives by destroying any American foulbrood cases and associated bee products, and destroying or sterilising associated appliances.

(3) For the purposes of this clause, reported incidence means, for each period of the 12 months beginning on 1 July in any year, the number of American foulbrood cases expressed as a percentage of the total number of honey bee colonies notified to the management agency.

The management agency responsible for implementing the strategy is the National Beekeepers' Association of New Zealand Incorporated.

The strategy remains in force until 30 September 2008.

(1) The powers conferred on a management agency under sections 128, 135, and 136 of the Act may be exercised to implement the strategy.

(2) The powers conferred on an authorised person under sections 106, 109, 119, 121, 122, and 130 of the Act may be exercised to implement the strategy.

Clauses 10 to 40 contain the strategy rules.

(1) This clause applies to—

• (a) beekeepers:

• (b) persons who own or occupy land or have owned or occupied land on which a honey bee colony, bee product, or appliance is or has been located:

• (c) persons who are or have been in charge of a honey bee colony, bee product, or appliance:

• (d) persons who are or have been in charge of the keeping of honey bees:

• (e) persons who are or have been in charge of a diagnostic laboratory.

(2) An authorised person may require a person to whom this clause applies to provide information held by that person that the authorised person believes, on reasonable grounds, is necessary for the purpose of monitoring the presence, former presence, absence, or distribution of Paenibacillus larvae larvae or the honey bee.

(3) A person required to provide information in accordance with this clause must provide that information within the time specified by the authorised person.

(4) A breach of this rule, without reasonable excuse, is an offence under section 154(q) of the Act.

(1) A person who keeps honey bees must keep those honey bees in moveable-frame hives.

(2) A person who keeps honey bees and who has an exemption in accordance with clause 12 is exempt from the obligation in subclause (1) of this clause if those honey bees are kept in accordance with the exemption.

(3) A breach of this rule, without reasonable excuse, is an offence under section 154(q) of the Act.

(1) An authorised person may exempt a person from the obligation in clause 11(1) if that person has applied in writing for an exemption and the exemption is required for 1 or more of the following purposes:

• (a) scientific research:

• (b) rearing of queen honey bees:

• (c) packages of honey bees for stocking beehives:

• (d) public display.

(2) The exemption must be given in writing and must specify the period of time for which the exemption applies and may specify conditions on which the exemption is granted.

(1) Every person in charge of the keeping of honey bees must ensure the normal access to honey bees, bee products, and appliances is kept free from vegetation that would impede or prevent inspection.

(2) A breach of this rule, without reasonable excuse, is an offence under section 154(q) of the Act.

(1) No person may use any drug, substance, or mixture of substances in relation to apiaries, honey bees, appliances, or bee products that has the effect of masking, obscuring, or concealing symptoms of American foulbrood or increasing the difficulty of detecting the disease or Paenibacillus larvae larvae.

(2) The provisions of subclause (1) do not apply where a drug is used in accordance with an approval granted under section 25(2) of the Apiaries Act 1969, or with a standard or specification made under Part 4 of the Animal Products Act 1999 or a regulated control scheme made under Part 3 of that Act.

(3) A breach of this rule, without reasonable excuse, is an offence under section 154(q) of the Act.

(1) No beekeeper may permit beehives owned by that beekeeper to be situated in a place for more than 30 consecutive days unless—

• (a) the provisions of clause 16 apply; or

• (b) that place has been notified as an apiary, in accordance with clause 17, by that beekeeper.

(2) A breach of this rule, without reasonable excuse, is an offence under section 154(q) of the Act.

(1) A beekeeper is not obliged to notify the management agency of a place as an apiary if—

• (a) that place was registered as an apiary under the Apiaries Act 1969; and

• (b) that beekeeper was the person who registered the apiary under the Apiaries Act 1969 or the person who had notified the Registrar of his or her occupancy under section 6(2) of the Apiaries Act 1969; and

• (c) that beekeeper owned the beehives in that apiary on 1 October 1998 and continues to own those beehives; and

• (d) where there is more than 1 beehive in that apiary, each beehive owned by the beekeeper is situated 200 metres or less from another beehive owned by the same beekeeper.

(2) A breach of this rule, without reasonable excuse, is an offence under section 154(q) of the Act.

(1) A place may be notified as an apiary by a beekeeper if—

• (a) 1 beehive or a group of beehives owned by the beekeeper is situated in that place; and

• (b) in the case of a group of beehives, each beehive within that group is situated 200 metres or less from another beehive owned by the same beekeeper.

(2) Where the beehives in a place are owned by more than 1 beekeeper, that place must be notified as a separate apiary by each beekeeper.

(3) The notification of an apiary must be in writing and must include the full name and address of the beekeeper and the number of honey bee colonies in the apiary, the name and initial of the occupier of the place where the apiary is situated, the road name (if any) and address of the place where the apiary is situated, and a written description of the location of the apiary, including a Land Information New Zealand Topographic Map 260 Series grid reference.

(4) The notification must state whether the beehives are situated in the apiary for all of the calendar year or for specified months of the calendar year.

(1) A place notified to the management agency as an apiary where the beehives are situated for specified months of the calendar year is a seasonal apiary.

(2) Despite anything to the contrary in this order, a seasonal apiary continues to be an apiary as long as beehives owned by the beekeeper who notified the place to the management agency as an apiary are situated in that place for more than 30 consecutive days in any year beginning on 1 July.

(1) When a beekeeper first notifies a place to the management agency as an apiary, the management agency must give that beekeeper written notice of a code to be used as an identification code for that beekeeper.

(2) Where a code number was allocated to a beekeeper under section 5 of the Apiaries Act 1969, the beekeeper may continue to use that code.

(1) Where the beekeeper does not have an identification code at the time that beekeeper notifies a place to the management agency as an apiary, the beekeeper must, within 30 days of the receipt of that identification code, mark the identification code on the outside of a beehive within that apiary or on a sign within that apiary.

(2) Unless subclause (1) applies, a beekeeper must mark the beekeeper's identification code on the outside of a beehive within each apiary or on a sign within each apiary, where the beehives are owned by that beekeeper,—

• (a) within 7 days of the date that apiary is notified to the management agency; or

• (b) on or before 31 October 1998, if clause 16(1) applies.

(3) The identification code must be marked on the beehive or the sign in such a manner that a person may, at any time, readily locate and read the identification code for that apiary.

(4) A breach of this rule, without reasonable excuse, is an offence under section 154(q) of the Act.

(1) Unless subclause (2) applies, no person other than the beekeeper may, without the written permission of the management agency, remove the beekeeper's identification code marked on a beehive or in an apiary or alter it in such a way that the identification code no longer clearly applies to that beehive or apiary.

(2) Where a beekeeper transfers the ownership of a beehive marked with identification codes, the beekeeper must—

• (a) remove all the identification codes or alter all the identification codes in such as way as to make it clear that identification codes no longer apply to that beehive; and

• (b) notify the management agency of—

  • (i) the name and address of the transferee; and

  • (ii) the alteration or removal of the identification codes.

(3) A breach of this rule, without reasonable excuse, is an offence under section 154(q) of the Act.

(1) No person may knowingly mark a beehive or an apiary or knowingly use a mark on a beehive or in an apiary where—

• (a) that mark is likely to be mistaken for, or confused with, an identification code; or

• (b) that mark is an identification code, and that identification code was not allocated to the person marking or using the code.

(2) A breach of this rule, without reasonable excuse, is an offence under section 154(q) of the Act.

(1) The management agency must keep a register of all apiaries notified to the management agency or registered under the Apiaries Act 1969, and may from time to time amend or delete any entry in the register.

(2) The register must include all the information supplied to the management agency in accordance with clause 17 and all other relevant information supplied to the management agency or to an authorised person in accordance with the strategy rules.

(1) Unless that place is a seasonal apiary, a place notified to the management agency as an apiary ceases to be an apiary if no beehives owned by the beekeeper who notified that apiary are situated in that place.

(2) Where an apiary has been notified to the management agency as a seasonal apiary, that place ceases to be an apiary if no beehives owned by the beekeeper who notified that apiary have been situated in that place for more than 30 consecutive days in any year beginning on 1 July.

(3) When a place ceases to be an apiary, the beekeeper must notify the management agency in writing within 30 days.

(4) A breach of this rule, without reasonable excuse, is an offence under section 154(q) of the Act.

(1) Where—

• (a) 1 or more beehives have been situated for more than 30 consecutive days in a place that has not been notified to the management agency as an apiary; and

• (b) the provisions of clause 16 do not apply; and

• (c) an authorised person has complied with subclause (2); and

• (d) the beekeeper has not notified the management agency of that place as an apiary before the expiry of the time limits in subclause (2)(b) or (c), whichever is the later,—

an authorised person may destroy the beehives and all honey bees, bee products, and appliances associated with those beehives.

(2) Before action is taken under subclause (1), an authorised person must make reasonable attempts to find the owner of the beehives by—

• (a) making inquiries, including inquiries of the occupier of the place where the beehives are situated; and

• (b) fixing 1 weatherproof notice to one of the beehives instructing the owner to notify the management agency of that place as an apiary within 30 days of the date of the notice; and

• (c) publishing a notice in a daily newspaper circulating in the place where the beehives are situated and a notice in the official journal of the management agency; and each notice must include the location of the beehives and an instruction to the owner of the beehives to notify the management agency of that place as an apiary within 30 days of the date of the last publication of that notice.

(1) Where an American foulbrood case is discovered in a beehive, the person in charge of the keeping of the honey bees must, within 7 days of becoming aware of the case, notify the management agency and the beekeeper, in writing, of the American foulbrood case.

(2) A breach of this rule, without reasonable excuse, is an offence under section 154(q) of the Act.

(1) On or before 1 June in each year, every beekeeper must, for all beehives owned by that beekeeper, complete and send to the management agency an Annual Disease Return.

(2) An Annual Disease Return must be in the form provided by or obtained from the management agency and must contain—

• (a) the number of honey bee colonies in beehives owned by that beekeeper; and

• (b) the location of each beehive where an American foulbrood case was found and the dates on which those cases were discovered; and

• (c) the dates on which the ownership of any beehives was transferred to or from the beekeeper and, in each case, the number of beehives transferred and the name and address of the transferee and transferor; and

• (d) any change to the information supplied to the management agency in accordance with clause 17.

(3) A breach of this rule, without reasonable excuse, is an offence under section 154(q) of the Act.

(1) Where an American foulbrood case is discovered in a beehive, the beekeeper who owns that beehive must, within 7 days of becoming aware of that case, destroy by burning all honey bees, bee products, and appliances associated with that honey bee colony unless directed otherwise by an authorised person.

(2) The provisions of this clause do not apply to—

• (a) a beekeeper who is acting in accordance with the relevant provision of a Disease Elimination Conformity Agreement between the beekeeper and the management agency; or

• (b) a person acting in accordance with a permission, regulation, or authorisation provided for in sections 52 or 53 of the Act; or

• (c) a person acting in accordance with an exemption given under clause 30.

(1) No person who suspects or knows that a honey bee colony is or was displaying any of the clinical symptoms of American foulbrood may use or expose—

• (a) a bee product associated with that honey bee colony; or

• (b) an appliance associated with that honey bee colony, other than an appliance sterilised by a method approved by the management agency,—

in a manner that allows honey bees access to that product or appliance.

(2) The method approved by the management agency must be a method generally recognised by the scientific community as effective in sterilising appliances contaminated with American foulbrood.

(3) The provisions of this clause do not apply to a person referred to in clause 28(2).

(4) A breach of this rule, without reasonable excuse, is an offence under section 154(q) of the Act.

(1) The management agency may, by notice in writing, exempt any person from the obligations in clause 28, the prohibition in clause 29, or the prohibition in clause 31, for the purpose of research, education, or training relating to American foulbrood or Paenibacillus larvae larvae for such a time not exceeding 12 months and on such conditions as the management agency thinks fit.

(2) The management agency may grant an exemption only if, in the opinion of the management agency, the exemption will not allow the exposure or spread of American foulbrood or Paenibacillus larvae larvae beyond the area specified in the exemption.

(3) The management agency may at any time withdraw or amend the exemption—

• (a) if the management agency is satisfied on reasonable grounds—

  • (i) that the conditions on which the exemption was granted have been breached; or

  • (ii) that the exemption is resulting, is likely to result, or has resulted in the exposure or spread of American foulbrood or Paenibacillus larvae larvae beyond the area specified in the exemption; or

• (b) at the request of the holder of the exemption.

(4) American foulbrood may be communicated, released, or spread for the purposes of section 52(a) of the Act in the circumstances set out in an exemption given under this clause.

(1) No person may transfer ownership or possession to any other person, or remove from the place where they are situated, any honey bees, bee products, or appliances associated with any honey bee colony where that person knows or suspects that the honey bee colony is or was displaying any of the clinical symptoms of American foulbrood.

(2) A person is exempt from the prohibition in subclause (1) if that person—

• (a) is a person to whom clause 28(2) applies; or

• (b) is acting in accordance with the written consent of an authorised person.

(3) An authorised person may grant consent only if, in the opinion of that authorised person, there is unlikely to be any significant risk of exposure or spread of American foulbrood to any beehives or honey bee colonies caused by the actions authorised by the consent.

(4) A breach of this rule, without reasonable excuse, is an offence under section 154(q) of the Act.

(1) Every beekeeper must ensure that every honey bee colony in every beehive owned by that beekeeper is inspected for American foulbrood cases by an authorised person on or after 1 August and on or before 30 November each year commencing in 1999.

(2) The inspection specified in subclause (1) may, if the beekeeper agrees, be carried out by a person named as a person responsible for disease management in a Disease Elimination Conformity Agreement between any other beekeeper and the management agency.

(3) Within 14 days after the inspection is completed or before 15 December of each year, whichever is the earlier, every beekeeper must complete a Certificate of Inspection in a form provided by or obtained from the management agency and forward to the management agency the Certificate of Inspection together with the statement made in accordance with clause 33.

(4) The obligations in subclauses (1) and (3) do not apply to a beekeeper who holds a Certificate of Inspection Exemption from the management agency.

(5) A breach of this rule, without reasonable excuse, is an offence under section 154(q) of the Act.

(1) Every authorised person, or person referred to in clause 32(2), who carries out an inspection under clause 32 must complete and sign a statement confirming—

• (a) that the inspection of the honey bee colonies was carried out by that person; and

• (b) the location (including the road name, if any, and the address of the place) of the honey bee colonies inspected; and

• (c) the number of honey bee colonies inspected in each place; and

• (d) the name and initial of the occupier of the place where the honey bee colonies are situated; and

• (e) the date of the inspection; and

• (f) the location and number of American foulbrood cases (if any) and the dates on which those cases (if any) were found; and

• (g) a record of the actions taken (if any) by the person inspecting, in respect of each American foulbrood case found.

(2) A breach of this rule, without reasonable excuse, is an offence under section 154(q) of the Act.

Where an authorised person, or person referred to in clause 32(2), discovers an American foulbrood case during any inspection carried out under this strategy, the person who found that case must notify in writing the beekeeper who owns the beehive in which that case was found of the case.

(1) The management agency must approve the methods by which an inspection under clause 32 must be carried out.

(2) The methods approved by the management agency must be methods generally recognised by the scientific community as effective in the detection of American foulbrood.

(1) The management agency must, from time to time, notify beekeepers of the opportunity to obtain a Certificate of Inspection Exemption.

(2) The management agency must grant a Certificate of Inspection Exemption to any beekeeper in relation to beehives owned by that beekeeper if that beekeeper enters into a Disease Elimination Conformity Agreement with the management agency.

(3) The management agency must, by notice in writing to the beekeeper, revoke a Certificate of Inspection Exemption if requested, in writing, at any time, by the beekeeper to do so, and the Disease Elimination Conformity Agreement is cancelled at the time of the revocation.

(1) A beekeeper and the management agency may at any time enter into, or amend, a Disease Elimination Conformity Agreement if—

• (a) the beekeeper agrees to implement the agreement by ensuring that the persons named in the agreement as the persons responsible for disease management supervise or carry out the procedures and practices specified in that agreement; and

• (b) the management agency is satisfied—

  • (i) that the practices and procedures set out in the agreement are, if carried out, sufficient to reduce or maintain at zero the overall annual rate of American foulbrood cases in beehives owned by the beekeeper; and

  • (ii) the beekeeper is likely to implement the practices and procedures set out in the agreement; and

  • (iii) the persons named in the agreement as responsible for disease management are sufficiently familiar with and are suitable persons to supervise or carry out the practices and procedures specified in the agreement.

(2) The Disease Elimination Conformity Agreement must specify—

• (a) the methods to be used for the inspection of honey bee colonies for American foulbrood; and

• (b) the number of inspections to be carried out each year; and

• (c) the times during the year when the inspections will be carried out; and

• (d) the systems to be used to record the time of inspections, the results of inspections, and the actions taken in respect of American foulbrood cases and associated bee products and appliances; and

• (e) the systems to be used to record movements of appliances and bee products in and out of an apiary; and

• (f) the methods to be used to destroy American foulbrood cases and associated appliances and bee products, including, where necessary, the movement of such cases, appliances, and bee products; and

• (g) the methods to be used to sterilise appliances salvaged in relation to any American foulbrood case; and

• (h) the methods to be used to sterilise and disinfect appliances used in inspecting honey bee colonies for American foulbrood; and

• (i) the name of the natural persons who are—

  • (i) responsible for disease management; and

  • (ii) responsible for liaising with the management agency in relation to the agreement.

(3) The Disease Elimination Conformity Agreement must require the destruction of American foulbrood cases and associated bee products.

(4) The methods specified by a Disease Elimination Conformity Agreement for inspection or sterilisation are not required to be methods approved under clause 29 or clause 35, but must be methods generally recognised by the scientific community as methods effective in detecting American foulbrood or in sterilising appliances contaminated with American foulbrood.

(1) The management agency may, at any time and by written notice to a beekeeper given in accordance with subclause (2), amend a Disease Elimination Conformity Agreement if, following consultation with the beekeeper, the management agency is satisfied on reasonable grounds that the overall annual rate of American foulbrood cases in the beehives owned by the beekeeper is—

• (a) not zero and is not decreasing; or

• (b) not zero and is not likely to decrease unless the amendment is made.

(2) If the management agency amends a Disease Elimination Conformity Agreement, it must give written notice to the beekeeper specifying the decision and the reasons for the decision.

(1) The management agency must review each Certificate of Inspection Exemption annually and may at any time revoke it by written notice to a beekeeper given in accordance with subclause (2) if, following consultation with the beekeeper, the management agency is satisfied on reasonable grounds that—

• (a) the beekeeper has breached the Disease Elimination Conformity Agreement; or

• (b) the overall annual rate of American foulbrood cases is increasing in the beehives owned by that beekeeper.

(2) If the management agency revokes a Certificate of Inspection Exemption, it must give written notice to the beekeeper specifying the decision and the reasons for the decision.

(3) The Disease Elimination Conformity Agreement is cancelled at the time of the revocation.

(1) On or after 1 September each year and on or before 31 May of the following year, the management agency must—

• (a) audit beekeepers' compliance with their obligations in accordance with the strategy to complete and send to the management agency Annual Disease Returns, Certificates of Inspection, and notifications of American foulbrood cases; and

• (b) audit the accuracy of the statements regarding American foulbrood made in Annual Disease Returns, Certificates of Inspection, and notifications of American foulbrood cases; and

• (c) audit beekeepers' compliance with the provisions of clauses 28, 29, and 31 and the obligations in any applicable Disease Elimination Conformity Agreements, and

• (d) carry out surveillance of beehives to detect American foulbrood cases; and

• (e) carry out work, other than the work specified in paragraphs (a), (b), (c), or (d), to enable the management agency to measure the success of the strategy in achieving its primary objective.

(2) In carrying out the matters specified in subclause (1)(b) to (e), the management agency must ensure that a selection of honey bee colonies is inspected based on the results of the actions taken under subclause (3).

(3) In carrying out the matters specified in subclause (1)(b) to (e), the management agency must—

• (a) take samples for spore testing from honey bee colonies and beehives selected in a manner to be determined by the management agency; and

• (b) carry out statistically significant sampling to verify the statements regarding American foulbrood made in Annual Disease Returns, Certificates of Inspection, and notifications of American foulbrood cases; and

• (c) analyse the Annual Disease Returns, Certificates of Inspection, notifications of American foulbrood cases, and the results of the spore testing conducted under paragraph (a).

The strategy is to be funded by the National Beekeepers' Association of New Zealand Incorporated from the levy paid under the Biosecurity (American Foulbrood – Apiary and Beekeeper Levy) Order 2003.

No compensation is payable by the management agency in respect of losses incurred as a direct result of the strategy.