SB 765: RELATING TO BEEKEEPING.

A BILL FOR AN ACT

RELATING TO BEEKEEPING.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  The legislature finds that bees are beneficial to local pollination processes and native ecosystems and play a critically important role in agriculture as they pollinate food crops and provide other useful products, including honey and wax.  Hawaii's tropical weather, climate, and plant diversity present ideal conditions for the year-round breeding of queen bees, which may be exported to ensure a more genetically diverse, adaptive, and resilient global bee stock.  Although the honeybee is not a species native to Hawaii, it has played a significant role in the pollination of plants that support agriculture in the State.

     The legislature further finds that the department of agriculture currently manages and monitors the beekeeping industry in the State.  However, its ability to monitor, respond to, and prevent disease or pest outbreaks, as well as pursue and distribute financial resources available to beekeepers, could be more efficiently achieved with more up-to-date data. 

     The legislature also finds that new beekeepers who do not have proper training or information on how to safely manage bees may cause harm to both the beekeeping industry or nearby properties, increasing the risk of personal liability.

     Accordingly, the purpose of this Act is to:

     (1)  Clarify the registration process for beekeepers with the department of agriculture;

     (2)  Require the department of agriculture to provide guidance and support to registered beekeepers to help beekeepers adhere to certain industry standards and best management practices in beekeeping; and

     (3)  Establish a limitation on liability for any registered beekeeper who follows industry standards and best practices.

     SECTION 2.  Section 142-100, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§142-100  Beekeepers, registration; apiary program.[]]  (a)  Beekeepers may register with the department of agriculture, on forms prescribed and prepared by the department, which shall include the following information:

     (1)  The name, address, and contact information for the beekeeper; and

     (2)  Other information that may assist the department in compiling accurate information on Hawaii's beekeeping industry.

     (b)  The department of agriculture shall keep registration information confidential subject to the limitations on confidentiality imposed under chapter 92F; provided that the name and business address of each registrant shall be made publicly available by the department; [and] provided further that the department may compile statistics based on the information[,] pursuant to section 141-1.

     (c)  The registration shall be effective for a period of [one year,] five years, and shall be renewed at the end of the [one-year] five-year period.

     (d)  The department of agriculture shall advise and support the efforts of registered beekeepers to adhere to the following industry standards and best management practices:

     (1)  Keep colonies at least twenty-five feet from property lines; provided that a distance between ten and twenty-five feet shall be adequate if:

          (A)  Beekeepers ensure that colonies face the direction opposite the property line; or

          (B)  Beekeepers situate colonies behind a flyover barrier that directs bee flight paths away from the property line;

     (2)  Keep colonies in hives with removable frames that shall be kept in sound and usable condition;

     (3)  Maintain an adequate and accessible supply of fresh water on-site, including landing sites for the bees to drink from;

     (4)  Ensure that hives are protected from bright lights at night;

     (5)  Manage colonies in a controlled manner to prevent swarming;

     (6)  Adhere to storage and sanitation practices that prevent disease and theft; mitigate pests, including small hive beetles, wax moths, and varroa mites; and support the overall health of the hives;

     (7)  Thoroughly clean reused hive and beekeeping equipment of hive products, including old comb and honey;

     (8)  Grow flowers and plant species where practicable for all seasons that are suitable for regional climates to support bee activity year-round; and

     (9)  Requeen hives and colonies if the apiary begins to demonstrate more aggressive behavior.

     [(d)] (e)  The department of agriculture shall establish an apiary program, which [may] shall include the following positions, to carry out the purposes of this [[]section[]]:

     (1)  One apiary specialist;

     (2)  One apiary planner; and

     (3)  Two apiary technicians.

     (f)  A beekeeper that is actively registered with the department of agriculture pursuant to subsection (a), and in good faith adheres to the industry standards and best management practices established in subsection (d), shall not be liable for any injury resulting to any person arising from the beekeeper's apiary, except for damages that result from the beekeeper's gross negligence or wanton acts or omissions.

     (g)  As used in this section:

     "Apiary" means the assembly of one or more managed bee colonies and their hives kept at a single location.

     "Bee" means all life stages of the common domesticated European honeybee.  "Bee" does not include wasps, hornets, African subspecies, or Africanized hybrids.

     "Colony" means an aggregate of bees consisting principally of workers, but ideally also consists of one queen, and includes drones, brood, combs, and honey.

     "Disease" means any condition adversely affecting bees or their brood, including bacteria, viruses, invertebrate pests, and the presence of undesirable genetic characteristics.

     "Flyover barrier" means a solid wall, fence, dense vegetation, or combination thereof that encourages bees to fly over rather than fly through.

     "Hive" means a structure of housing for a colony."

     SECTION 3.  There is appropriated out of the general revenues of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for the department of agriculture to register and provide support to beekeepers pursuant to this Act, including the establishment of positions for the department's apiary program.

     The sums appropriated shall be expended by the department of agriculture for the purposes of this Act.

     SECTION 4.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 5.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect on July 1, 2050.

Report Title:

DOA; Beekeepers; Registration; Industry Standards; Best Management Practices; Apiary Program; Limitation on Liability; Appropriations

Description:

Clarifies the registration process for beekeepers with the Department of Agriculture.  Requires the Department of Agriculture to provide guidance and support to registered beekeepers to help beekeepers adhere to certain industry standards and best management practices.  Establishes a limitation on liability for any registered beekeeper who follows industry standards and best practices.  Appropriates funds.  Takes effect 7/1/2050.  (SD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

RELATING TO beekeeping.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  The legislature finds that bees are beneficial to local pollination processes and native ecosystems and play a critically important role in agriculture as they pollinate food crops and provide other useful products, including honey and wax.  Hawaii's tropical weather, climate, and plant diversity present ideal conditions for the year-round breeding of queen bees, which may be exported to ensure a more genetically diverse, adaptive, and resilient global bee stock.  Although the honeybee is not a species native to Hawaii, it has played a significant role in the pollination of plants that support agriculture in the State.

     The legislature further finds that the department of agriculture currently manages and monitors the beekeeping industry in the State.  However, its ability to monitor, respond to, and prevent disease or pest outbreaks, as well as pursue and distribute financial resources available to beekeepers, could be more efficiently achieved with more up-to-date data. 

     The legislature also finds that new beekeepers who do not have proper training or information on how to safely manage bees may cause harm to both the beekeeping industry or nearby properties, increasing the risk of personal liability.

     Accordingly, the purpose of this Act is to:

     (1)  Clarify the registration process for beekeepers with the department of agriculture;

     (2)  Require the department of agriculture to provide guidance and support to registered beekeepers to help beekeepers adhere to certain industry standards and best management practices in beekeeping; and

     (3)  Establish a limitation on liability for any registered beekeeper who follows industry standards and best practices.

     SECTION 2.  Section 142-100, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§142-100  Beekeepers, registration; apiary program.[]]  (a)  Beekeepers may register with the department of agriculture, on forms prescribed and prepared by the department, which shall include the following information:

     (1)  The name, address, and contact information for the beekeeper; and

     (2)  Other information that may assist the department in compiling accurate information on Hawaii's beekeeping industry.

     (b)  The department of agriculture shall keep registration information confidential subject to the limitations on confidentiality imposed under chapter 92F; provided that the [name and business address of each registrant shall be made publicly available by the department; and provided further that the] department may compile statistics based on the information[,] pursuant to section 141-1.

     (c)  The registration shall be effective for a period of [one year,] five years, and shall be renewed at the end of the [one-year] five-year period.

     (d)  The department of agriculture shall advise and support the efforts of registered beekeepers to adhere to the following industry standards and best management practices:

     (1)  Keep colonies at least twenty-five feet from property lines; provided that a distance between ten and twenty-five feet shall be adequate if:

          (A)  Beekeepers ensure that colonies face the direction opposite the property line; or

          (B)  Beekeepers situate colonies behind a flyover barrier that directs bee flight paths away from the property line;

     (2)  Keep colonies in hives with removable frames that shall be kept in sound and usable condition;

     (3)  Maintain an adequate and accessible supply of fresh water on-site, including landing sites for the bees to drink from;

     (4)  Ensure that hives are protected from bright lights at night;

     (5)  Manage colonies in a controlled manner to prevent swarming;

     (6)  Adhere to storage and sanitation practices that prevent disease and theft; mitigate pests, including small hive beetles, wax moths, and varroa mites; and support the overall health of the hives;

     (7)  Thoroughly clean reused hive and beekeeping equipment of hive products, including old comb and honey;

     (8)  Grow flowers and plant species where practicable for all seasons that are suitable for regional climates to support bee activity year-round; and

     (9)  Requeen hives and colonies if the apiary begins to demonstrate more aggressive behavior.

     [(d)] (e)  The department of agriculture shall establish an apiary program, which [may] shall include the following positions, to carry out the purposes of this [[]section[]]:

     (1)  One apiary specialist;

     (2)  One apiary planner; and

     (3)  Two apiary technicians.

     (f)  A beekeeper that is actively registered with the department of agriculture pursuant to subsection (a) and in good faith adheres to the industry standards and best management practices established in subsection (d) shall not be liable for any injury resulting to any person arising from the beekeeper's apiary, except for damages that result from the beekeeper's gross negligence or wanton acts or omissions.

     (g)  As used in this section:

     "Apiary" means the assembly of one or more managed colonies and their hives kept at a single location.

     "Bee" means all life stages of the common domesticated European honeybee.  "Bee" does not include wasps, hornets, African subspecies, or Africanized hybrids.

     "Colony" means an aggregate of bees consisting principally of workers, but ideally also consists of one queen, and includes drones, brood, combs, and honey.

     "Disease" means any condition adversely affecting bees or their brood, including bacteria, viruses, invertebrate pests, and the presence of undesirable genetic characteristics.

     "Flyover barrier" means a solid wall, fence, dense vegetation, or combination thereof that encourages bees to fly over rather than fly through.

     "Hive" means a structure of housing for a colony."

     SECTION 3.  There is appropriated out of the general revenues of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for the department of agriculture to register and provide support to beekeepers pursuant to this Act, including the establishment of positions for the department's apiary program.

     The sums appropriated shall be expended by the department of agriculture for the purposes of this Act.

     SECTION 4.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 5.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect on July 1, 2025.

Report Title:

DOA; Beekeepers; Registration; Industry Standards; Best Management Practices; Apiary Program; Limitation on Liability; Appropriations

Description:

Clarifies the registration process for beekeepers with the Department of Agriculture.  Requires the Department of Agriculture to provide guidance and support to registered beekeepers to help beekeepers adhere to certain industry standards and best management practices.  Establishes a limitation on liability for any registered beekeeper who follows industry standards and best practices.  Appropriates funds.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

STAND. COM. REP. NO. 39

Honolulu, Hawaii

RE:    S.B. No. 765

       S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

     Your Committee on Agriculture and Environment, to which was referred S.B. No. 765 entitled:

"A BILL FOR AN ACT RELATING TO BEEKEEPING,"

begs leave to report as follows:

     The purpose and intent of this measure is to:

     (1)  Clarify the registration process for beekeepers with the Department of Agriculture;

     (2)  Require the Department of Agriculture to provide guidance and support to registered beekeepers to help beekeepers adhere to certain industry standards and best management practices; and

     (3)  Establish a limitation on liability for any registered beekeeper who follows industry standards and best practices.

     Your Committee received testimony in support of this measure from the Department of Agriculture; Agribusiness Development Corporation; Grassroot Institute of Hawaii; Hawaiʻi Farm Bureau; Island Harvest, Inc.; and three individuals.

     Your Committee received comments on this measure from the Office of Information Practices.

     Your Committee finds that beekeeping is not only an ecological necessity but an economic driver in the State.  This measure provides several critical benefits to Hawaii's agricultural and ecological systems, including protecting pollinators, addressing pest and disease management, supporting agricultural productivity, and encouraging responsible beekeeping.  Your Committee notes the concerns raised by the Office of Information Practices that this measure, in its current form, deletes statutory language that requires the Department of Agriculture to make publicly available registered beekeepers' names and business addresses.  However, this information is required to be disclosed under the Uniform Information Practices Act.

     Accordingly, your Committee has amended this measure by:

     (1)  Restoring existing statutory language that requires public disclosure of registered beekeepers' names and business addresses;

     (2)  Inserting an effective date of July 1, 2050, to encourage further discussion; and

     (3)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

     As affirmed by the record of votes of the members of your Committee on Agriculture and Environment that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 765, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 765, S.D. 1, and be referred to your Committees on Ways and Means and Commerce and Consumer Protection.

Respectfully submitted on behalf of the members of the Committee on Agriculture and Environment,