38-18-3.4. Abandoned apiary--Destruction, treatment or seizure of bees and equipment.
110 words·~1 min read·
/sd/title-38/chapter-38-18/38-18-3-4·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The failure to file an application registering an apiary pursuant to § 38-18-3 , or the failure to identify a location pursuant to § 38-18-3.3 , constitutes abandonment of the apiary. If the abandoned bees and bee equipment are found to be infested with a regulated pest, the secretary shall immediately treat or destroy the apiary. If the apiary is not infested with a regulated pest, the secretary may, upon finding in a contested case proceeding conducted pursuant to chapter 1-26 that there is no justifiable excuse for failure to comply with § 38-18-3 or 38-18-3.3 , claim and seize the abandoned bees and bee equipment for use or sale.