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WHO WILL BE INVOLVED IN AHB CONTROL AND ABATEMENT? California requires that individuals and companies must be licensed and registered if they wish to practice pest control for hire. Since the Africanized honey bee is a health pest the groups that will be involved in their control will range from Fire Departments, Vector Control Departments, to Structural and "Agricultural" pest control operators. Beekeepers historically have not been able to practice bee control for hire unless they are licensed to practice pest control! Effective January 1, 1996 a beekeeper may now perform "live" removals and charge for this service. Along with this change the law was also modified to allow for beekeepers and others to be subject to administrative fines of up to $1,000.00 for practicing pest control without a license. The use of any “pesticide” (see below, and first page of this document) or other activity considered to be practicing pest control will result in fines and other possible actions. In areas where there is suspected Africanization, it is unlikely (and inappropriate under beekeeping standards) that beekeepers will perform live removals of AHB, or other feral hives that may or may not be Africanized. In any case beekeepers may not use any products which could be construed to “control”, “repel” or otherwise be considered a pesticide under EPA guidelines. (Technically smoke from a beekeepers smoker may be considered a pesticide! I would not be overly concerned about any enforcement along these lines, but we should be aware that this interpretation is possible under the law.) Public agencies will control AHBs on public lands and in true emergency situations. All other situations where the beehive or swarm is located on private property, a pest control company will have to be hired. Most certainly there will be many "public" lands that will also have to hire professional pest control operators to solve their problems. DO I NEED TO BE LICENSED? Under the Department of Consumer Affairs (Business & Professions Code), and under Cal-EPA Department of Pesticide Regulation Codes (formerly CDFA), ANY individual or company who practices pest control FOR HIRE must be licensed. Licenses are required to identify the presence or absence of pests, and for making recommendations for solving the identified pest problems. One must also be licensed if they chose to abate a pest problem. (With or without Pesticides). Lastly anyone handling pesticides must also be licensed. WHAT LICENSE WILL I NEED? Beehives and swarms will be and are currently found both in structural and non structural areas. Most certainly there will be some companies who will specialize only in structural control and others who specialize only in non - structural control. A company who wishes to truly specialize in AHB control will have to hold licenses that will enable them to control bees wherever they may be located. People and companies who control bees in structures will have to hold a Branch 2 license issued by the Structural Pest Control Board. People who control bees in non structural areas would have to hold a Qualified Applicators License or Certificate (QAL and QAC) in the categories of Landscape Maintenance, and Right of Way, issued by Cal-EPA, Department of Pesticide Regulation (DPR). NON STRUCTURAL VS STRUCTURAL LOCATIONS: The dividing line between structural applications and non - structural applications is sometimes gray. The following are definitions of what areas would be considered structural and non - structural. LANDSCAPE MAINTENANCE, RIGHT OF WAY - BEE LOCATIONS: Bee hives and swarms located in fields, parks, and along roadways would all constitute non - structural areas where a DPR license would be required. Bees located in the yards and grounds surrounding structures would constitute an area where DPR licensees could most certainly practice bee control as well. The yards and immediate grounds around structures would be an area where the bees could be controlled either by a structural licensee or a DPR licensee. STRUCTURAL - BRANCH 2 BEE LOCATIONS: Bees located on or in households or other structures including railroad cars, ships, docks, trucks, airplanes would be exclusively structural pest control. Bees located on or in decks or attached planters would also certainly fall under structural pest control. Controlling bees beyond the immediate area of the structure by structural operators becomes a gray area. It is reasonable and legal for structural operators to control beehives and swarms located anywhere in the immediate grounds surrounding any structure. Bees located in the immediate grounds surrounding a structure constitute a potential threat to the structure and the people occupying the structure, and therefore fall under the realm of a structural pest control licensee. Penalties for Non Licensed Activity: Recent (effective January 1, 1996) Legislation modified Section 8617 of the Business and Professions Code. The changes raised the maximum administrative fine to $1,000.00 per violation, and addresses unlicensed activity. A person caught practicing pest control without a license is now subject to Administrative Actions and fines of up to $1,000.00. Previously unlicensed activity had to be prosecuted by a District Attorney. Under this new law a fine can be levied by the County Agricultural Commissioner or the Structural Pest Control Board against an individual practicing pest control without a license. (Or a beekeeper operating under the “no pesticide” exemption who used a pesticide*.) This type of fine can be appealed to the Structural Pest Control Board Disciplinary Review Committee. *Use Caution, many individuals claim they do not use pesticides, but in fact use un-registered pesticides illegally! For More Information: For More Information about obtaining your license call the appropriate licensing agency or call Pest Control Operators of California for more information: Structural Pest Control Board at 916-561-8700 Department of Pesticide Regulation at 916-445-4300. Pest Control Operators of California at 916-372-4363 Or e-mail Your AHB Questions! |
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