Animal Diseases (Control of Bee Diseases) Rules, 2004

Share

Date of promulgation: 

1 October 2004

Download Original File: 

 

THE ANIMAL DISEASES (CONTROL OF BEE DISEASES) RULES, 2004. ARRANGEMENT OF RULES.

Rule.

1.        Title

2.         Interpretation

3.         Bee diseases

4.         Powers of the commissioner

5.         Powers of inspecting officer

6.         Treatment, disinfecting and destruction of bees, equipment and products

7.         Inspecting Officer to enforce order

8.         Relocation orders

9.         Appeals

10.        Posting of the name and address of beekeeper

11.        Records and returns

12.        Reporting of disease or pest

13.        Assisting in inspection

14.        Information relating to beekeeping equipment

15.        Disposal of dead colonies of bees, etc.

16.        Inspecting office to enforce disposal of dead colonies

17.       Other beekeepers Rule.

18.        Quality standards for honey

19.        Permit for sale or removal of bees

20.         Import permit

21 Commissioner may revoke permit

22.         Location of hives near residential places, e.t.c

23.         Location of hives near highways

24.         Exposing infected comb or honey

25.         Honey not to be used as food for bees

26.         Adulteration of honey and honey by-products

27.         Power to amend Schedules

28.         General Penalty

SCHEDULES

FIRST SCHEDULE— SPECIFIED HONEY PRODUCTS E.T.C

SECOND SCHEDULE— ORDER TO TREAT/DISINFECT/ DESTROY/DISPOSE OF, BEES, ETC.


THIRD SCHEDULE— FOURTH SCHEDULE FIFTH SCHEDULE— SIXTH SCHEDULE—

MOVEMENT PERMIT IMPORT/EXPORT PERMIT

CERTIFICATION OF HONEY AS FOOD FOR BEES PRESCRIBED FEES


The Animal Diseases (Control of Bee Diseases) Rules 2004.

(Under sections 20 and 21 of the Animal Diseases Act, Cap.38)

In exercise of the powers conferred upon the Minister by sections 20 and 21 of the Animal Diseases Act, these Rules are made this 1st day of October, 2004.

1.           Title

These Rules may be cited as the Animal Diseases (Control of Bee Diseases) Rules, 2004.

2.           Interpretation

(1)       In these Rules, unless the context otherwise requires—

“adulteration” means the addition of foreign, unacceptable, biological, chemical or physical substances to honey or its by-products;

“apiary” means a place where bees and beekeeping equipment are kept;

“bee” means the i nsect known as Apis mellifera and Trigona species;

“bee colony” means one honeybee family, consisting of thousands of individual bees living together as one social unit;

“bee diseases” has the meaning assigned to it under rule 3 of these Rules;

“beekeeper” means a person who owns or i s in possession of bees or beekeeping equipment but does not include a person who is in possession of beekeeping equipment for the purpose of transportation, distribution or sale or who is a manufacturer of beekeeping equipment;

“beekeeping equipment” means a hive, parts of a hive, a tool, machine, utensils, gear or other device used for handling bees or bee products;

“brood” means an immature honey bee including the egg, larva and pupa or any honeybee which has not emerged from its cell in a honey comb;

“by-product” means a substance produced during the processing of honey royal jelly, bee venom or the immediate products of bees;

“class” means honey that 1 ies within a specific range of colours as shown on a honey classifier or within a specific range of reading as shown on a fund honey grader;

“Commissioner” means the commissioner responsible for livestock and entomology;

“disease” has the meaning assigned to it under rule 3 of these Rules;


“establishment” means a plant, factory or premises where honey is extracted, packed, processed or used in connection with any manufacturing process and includes a packing plant and a pasteurising plant;

“hive” means any container provided by humans for b ees to nest i nside;

“honey” means the natural sweet substance produced by honey bees from nectar of plants or from secretions of living parts of plants or excretions of plant sucking insects on the living parts of plants, which the bees collect, transform, deposit, dehydrate, store and leave in honey combs to ripen and mature;

“infected” means i nfected with the causal organisms of a disease;

“pest” means the mediterranean flour moth, wax moth, bee lice, digger- wasp and any other organism or parasite that is destructive to bees, bee products and by-products;

“property line” means a row of plots of land, buildings or both that are owned by a person;

“propolis” means plant resins collected by honeybees and used to seal cracks and gaps within the hive.

(2)   The classes of honey are set out in the First Schedule to these Rules.

3.      Bee diseases

Bee diseases include the following—

(a)   American foul brood caused by Bacillus larvae;

(b)   European foul brood caused by Bacillus pluton or Bacillus alvei;

(c)    Varroosis caused by Varroa jacobsoni;

(d)   Nosemosis caused by Nosema apis;

(e)    Acariosis caused by Acarapis woodi;

(f)     Chalkbrood caused by Ascosphaera apis;

(g)   Sacbrood caused by a sac brood virus;

(h)   Chronic bee paralysis virus;

(i)     Black queen cell virus;

(j)Stone brood caused by fungus, either Aspergillus flavus or Aspergillus fumigatus;

(k)Bee-lice;

(l)     Bald brood;

(m)Chilled brood; and

(n)any other disease designated by these Rules as a disease in the Act.

4.          Powers of the commissioner

The Commissioner shall, in addition to the powers conferred upon him or her under the Act—

(a)   approve establishments where honey is processed;

(b)   establish grades of honey in Uganda;

(c)    issue export sanitary certificates;

(d)   issue import permits; and

(e)   issue any other certificates or permits necessary for carrying into effect

the provisions of these Rules.

5.          Powers of inspecting officer

The inspecting officer may, in addition to the powers conferred upon him or her under the Act—

(a)     at all reasonable times, inspect a place where bees, beekeeping

equipment, honey, royal jelly, bee venom, beeswax, propolis and pollen is kept to determine whether any pest is present or disease exists in the bees, honey, royal jelly, bee venom, beeswax, propolis, pollen or by- products or whether the beekeeping equipment is infected;

(b)    examine at all reasonable times, combs and beehive equipment for

disease;

(c)   inspect any books or records required to be kept by any person under

these Rules;

(d)    take such samples, as the inspecting officer considers necessary, to

determine whether any pest is present or disease exists in the bees or the products and by-products or whether the beekeeping equipment is infected;

(e)   enter, inspect and search any place in which he or she has reasonable

ground to believe that an offence under these Rules has been committed;

(f)   take reasonable samples as the inspecting officer considers necessary to

determine whether any adulteration is present in any bee products or by-products; and

(h)     to carry out regular inspection and monitoring of the activities of establishments under these Rules.

6.           Treatment, disinfecting and destruction of bees, equipment and products

Where an inspecting officer has reasonable grounds to believe that a pest is present or disease exists in any bees or bee products or that any beekeeping equipment is infected, the inspecting officer may make an order in the form set out in the Second Schedule to these Rules requiring the beekeeper or his or her agent to—

(a)      treat the bees or disinfect the beekeeping equipment in a manner and

period prescribed in the order;

(b)      destroy by fire, or any other means approved by the Commissioner,

within a period prescribed by the order, such bees or bee products or beekeeping equipment which in the opinion of the inspecting officer cannot suitably be treated or disinfected; or

(c)    retain the bees and beekeeping equipment at the beekeepers location for

the time being as prescribed by the order.

7.           Inspecting Officer to enforce order

Where a beekeeper fails, within the specified period, to comply with an order made under rule 6, the inspecting officer may cause the order to be carried out at the expense of the beekeeper.

8.           Relocation orders

An inspecting officer may, in writing order any owner of hives containing bees in a location contrary to these Rules, to relocate the hives to another location as the inspecting officer may determine.

9. Appeals

(1)        A person aggrieved by an order of the inspecting officer issued under these Rules may appeal to the Commissioner in writing, within fourteen days of the receipt after the order.

(2)                    The Commissioner may, for sufficient reason given by the aggrieved party, extend the time for appealing under this rule notwithstanding that the time for appealing has elapsed.

10.       Posting of the name and address of beekeeper

An owner of an apiary shall identify his or her apiary by maintaining a sign showing his or her name and address at the apiary.

11.       Records and returns

A beekeeper or a person who sells bees, bee products, by-products or bee equipment shall—

(a)                   keep records of production of the bees and bee products for inspection

by the Commissioner; and

(b)                   file annual returns to the Commissioner.

12.       Reporting of disease or pest

A person who, suspects a disease or pest in an apiary shall report his or her suspicions to the inspecting officer.

13.       Assisting in inspection

A beekeeper, upon request by an inspecting officer, shall assist the inspecting officer i n i nspecting the beekeeper’s e stablishment.

14.       Information relating to beekeeping equipment

When requested by an inspecting officer, a beekeeper shall inform the inspecting officer of the location of all beekeeping equipment in the possession of the beekeeper.

15.       Disposal of dead colonies of bees, etc

Where dead colonies of bees, beekeeping equipment or honeycombs are exposed in such manner that they are accessible to bees, or where colonies of bees are abandoned or not regularly and properly attended to, an inspecting officer may require the beekeeper or his or her agent to dispose of such colonies and honeycombs in a manner and within a period as the inspecting officer may determine.

16.       Inspecting office to enforce disposal of dead colonies

Where a beekeeper or his or her agent fails to dispose of dead colonies and honeycombs as required under rule 15, the inspecting officer may cause the disposal of the dead colonies or honey combs, and the bee keeper or his or her agent shall meet the cost of the disposal.

17.       Other beekeepers

Where bee colonies are found in any place other than a bee farm, the owner of the premises shall be considered as the bee keeper under these Rules and shall comply with rules 6, 8, 15 and 16 and other relevant laws.

18.      Quality standards for honey

A person who produces, sells, distributes, imports or offers honey for export shall ensure that the honey or its by-products conforms to the minimum standards of quality prescribed by the Uganda National Bureau of Standards, the codex standards 12 -2001 and any other law in force.

19.      Permit for sale or removal of bees

(1) No person shall sell or remove from a beekeeper’s premises any bees or beekeeping equipment unless he or she is in possession of a valid permit set out on the Third Schedule to these Rules certifying that the bees, hives or equipment is free of disease.

(2)                    An application for a permit shall be accompanied by a fee specified in the Sixth Schedule to these Rules.

20.       Import permit

(1)     A person shall not import bees or bee equipment unless he or she is in possession of a valid import permit in the form set out in the Fourth Schedule to these Rules issued by the Commissioner.

(2)                    An application for a permit shall be accompanied by a fee specified in the Sixth Schedule to these Rules.

21.       Commissioner may revoke permit

The Commissioner may revoke a permit issued under rule 19 or 20 if the holder of a permit contravenes any of the conditions specified in the permit.

22.       Location of hives near residential places, e.t.c

(1)     A person shall not place hives containing bees within thirty metres of a property line separating the land on which the hives are placed from a residential place or a community centre, public park, grazing area or other public area.

(2)  A person who contravenes sub rule (1) of this rule commits an offence.

23.       Location of hives near highways

(1) A person shall not place hives or leave hives containing bees within ten metres of a public highway.

(2)  A person who contravenes sub rule (1) of this rule commits an offence.

24.       Exposing infected comb or honey

A person who knowingly exposes infected beekeeping equipment, honeycomb or honey in a manner rendering the beekeeping equipment, honeycomb or honey accessible to bees, commits an offence.

25.       Honey not to be used as food for bees

(1)    A person who sells package bees or queen bees shall not use any honey or candy containing honey as food for such bees except honey certified by an inspecting officer in the form set out in the Fifth Schedule of these Rules to be free of disease.

(2)                    A certificate referred to in sub rule (1) shall be issued on payment of the fee set out in the Sixth Schedule to these Rules.

(3)  Any person who fails to comply with this rule commits an offence.

26.       Adulteration of honey and honey by-products

Any person who adulterates honey, royal jelly, bee venom or by- products, so as to make such honey or by- product noxious to bees or knowing that the honey or by­product is likely to be sold as food commits an offence.

27.       Power to amend Schedules

The Minister may, on recommendation of the Commissioner, amend the Schedules to these Rules.

28.       General Penalty

A person who contravenes any of these Rules for which no penalty is prescribed is liable, on conviction, to a fine not exceeding three thousand shillings or to a term of imprisonment not exceeding three months or to both such fine and imprisonment.

FIRST SCHEDULE

Rule 2 (2)

SPECIFIED HONEY PRODUCTS AND THEIR RESERVED DESCRIPTIONS

Column 1              Column 2

Reserved descriptions              Specified honey product

1.       (a) blossom honey or

(b) nectar honey              Honey obtained from the nectar of plants

2.        honeydew honey Honey obtained mainly from secretions of plant sucking insects (hemiptera) on the living part of plants or secretions of living parts of plants.

3.        Comb honey Honey stored by bees in the cells of freshly built broodless combs or thin comb foundation sheets made solely of beeswax and sold in sealed whole combs or sections of such combs

4.        (a) chunk honey or

(b) cut comb in honey Honey which contains one or more pieces of comb honey

5.        drained honey Honey obtained by draining de-capped broodless combs

6.        extracted honey               Honey obtained by centrifuging de-capped broodless combs

7.        pressed honeyHoney obtained by pressing broodless combs with or without the application of moderate heat not exceeding 450C

8.        filtered honey Honey obtained by removing foreign inorganic or organic matters in such a way as to result in the significant removal of pollen

9.        Baker’s honey                 Honey which-

(d)     is suitable for industrial uses or as an ingredient in other foodstuffs which are then processed; and

(e)      may—

(i)                            have a foreign taste or odour,

(ii)                          have begun to ferment or have fermented, or

(iii)                    have been overheated

SECOND SCHEDULE

Rule 6

THE REPUBLIC OF UGANDA

ORDER TO TREAT/DISINFECT/DESTROY/DISPOSE OF, BEES, BEE PRODUCTS, BEEKEEPING EQUIPMENT, DEAD COLONIES OF BEES*

To. ,........................................ beekeeper     of                               

(district),............................................................. Sub county

You are hereby ordered to:

(a)    treat/disinfect/destroy/dispose of bees and bee products of           (specie s/strain)

from...................................................................... (number of colonies/packages)

against a pest/disease detected by the following

symptoms................................................. with                  possible                  diagnosis

as..............................................................

The recommended method(s)/drug(s) to be used i s/are......................

You are required to comply within................................ (number o f days/months/years).

The deadline for feedback of compliance is the...................................................... day

of.................................... 20............. (date).

The bees are to be retained in the location for............................................ (number of

days/months/years) for purposes of monitoring and controlling the spread of the pest/disease.

(b)   disinfect beekeeping equipment against a pest/disease:

Category & description of beekeeping equipment Quantity (Kgs/numbers) Signs ofpest/disease Diagnosis               Recommended method(s)/disinfectant(s) to be used

You are required to comply with this order within........................................ (number of

days/months/years).

The deadline for feedback of compliance is the....................................................... day

of...................... 20............. (date).

The bee keeping equipment on the location is to be retained on the location

for................................... (number of days/months/years) for purposes of monitoring and

controlling the spread of the pest/disease.

(c)  dispose of dead colonies of bees of................................................................................................................. (species/strain)

from............................................................ (number of colonies/packages) to prevent

spread of pest/disease.

The recommended method(s)/drug(s) to be used is (are)

You are required to comply to this order within............................................ (number of

days/months/years).

The deadline for feedback of compliance i s.......................................... (date).

................................................................. Date......................

Inspecting Officer Original: Beekeeper Duplicate: District Entomologist

Triplicate: Department of Livestock Health and Entomology

THIRD SCHEDULE

Rule 19

THE REPUBLIC OF UGANDA

PERMIT TO SELL, REMOVE OR TRANSFER BEES,

AND BEE KEEPING EQUIPMENT WITHIN UGANDA

This i s to pernm................. of.................................... District,

..................................... sub-county to sell/remove or transfer

(a)           Bees:

Species ad strains.....................................................................

Number o f c olonies/packets....................................................

From............................ District,............................... subcounty

to............................................. District,..................... subcounty.

Fees paid ( shs)...............................................

Current units of Accounts

(b)           Bee keeping Equipment:

Category and description Quantity(kgs/numbers)

From.................................. District,............................ subcounty

to................................... District,.............................. subcounty.

Fees paid ( shs)......................................

Current units of Accounts

Inspecting officer             Date

Original: Applicant Duplicate: District Entomologist

Triplicate: Department of Livestock Health & Entomology.


FOURTH SCHEDULE

Rule 20

THE REPUBLIC OF UGANDA

PERMIT TO IMPORT/EXPORT BEES, BEE PRODUCTS AND BY-PRODUCTS AND BEE KEEPING EQUIPMENT

This is to permi........................... of............................. District, ............................... sub­county to import/export

(b)           Bees:

Species ad strains.....................................................................

Number o f c olonies/packets....................................................

From                (country   of      origin).................................. to

(destination).................................................................

Fees paid ( shs)...............................................

Current unit ofaccounts

(b)           Bee products and by-products:

Specific product,

by-product and description Class or grade Net weight(grams, kgs) Name & Address of packer Packed in (size & type ofcontainer) Number Lot number

From              (country            of             origin)........................................................... to

(destination)............................................................................

Fees paid ( shs)......................................

Current units ofaccounts

(c)            Bee keeping Equipment

Category and description Quantity(kgs/numbers)

From              (country            of             origin)........................................................... to

(destination)..............................................................................

Fees paid ( shs)......................................

Current Units ofaccounts

Inspecting officer                                  Date

Original: Applicant Duplicate: District Entomologist

Triplicate: Department of Livestock ,Health & Entomology.

FIFTH SCHEDULE

Rule 25 (2)

THE REPUBLIC OF UGANDA

CERTIFICATION OF HONEY AS FOOD FOR BEES

This is to certify that honey or candy honey from........................ (individual, company,

organisation or establishment) of. ............................... (location) i s free from disease or

pest, and is fit for use as food for package bees or queen bee.

Fees paid ( shs).........................................

Current Units ofaccounts

Inspecting officerDate

Original: Applicant Duplicate: District Entomologist

Triplicate: Department of Livestock Health & Entomology.


SIXTH SCHEDULE

Rules 19, 20 and 25(2)

Fees payable on certificates and permits for apiculture

(Ug. Shs.)

(1)  Permit for sale or removal of bees in Uganda -                              20,000

(2)  Permit for import of bees, bee products and by products -          60,000

(3)  Permit for export of bees, bee products and by products -           30,000

(4)  Permit for transfer of Beekeeping equipment in Uganda -           20,000

(5)  Permit for sale of Beekeeping equipment in Uganda -                  20,000

(6)  Permit for import of beekeeping equipment -                                 20,000

(7)  Permit for export of beekeeping equipment -                                 20,000

(8)  Honey as food for bees certificate -                                                 30,000

ISRAEL KIBIRIGE SSEBUNYA (PhD) MP Minister of State for Agriculture (Also holding the portfolio of Minister of Agriculture, Animal Industry and

Fisheries)