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Informed Discussion of Beekeeping Issues and Bee Biology

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Subject:
From:
Jerry Bromenshenk <[log in to unmask]>
Reply To:
Informed Discussion of Beekeeping Issues and Bee Biology <[log in to unmask]>
Date:
Sun, 13 Apr 2008 11:21:26 EDT
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Peter said:  ..., if you advise anyone to use a pesticide in a  manner 
inconsistent
with the label, you may be held liable for any harm that  ensues.
 
Peter is correct about this.  Those of us who are employed by  universities 
or gov agencies have double jeopardy - we can be summarily  dismissed for 
giving this type of advise, regardless of whether anyone holds us  liable.
 
Self-employed beekeepers can be held to be liable, but unless  they fire 
themselves, they won't lose their jobs over distributing advise that  is 
inconsistent with a pesticide label.
 
Drenching bees with syrup with fumidil mixed would not seem to pose  much 
risk, since the label permits feeding, but I know that Eric Mussen can  not tell 
any of you to do this, nor can I.  Best that Eric and  I can do is to report 
what's public knowledge - the Spanish have been  drenching bees that won't take 
syrup.  We can not advise you to do this  unless we can find it on the label 
of a product that is labeled for use in the  U.S.

Bob said:  "Acetic acid fumigation was discussed at the  National bee meeting 
"nosema
seminar" by the USDA-ARS . I have got the  CD. "
 
Discussing the results of experiments to test whether irradiating or  
fumigating combs helps IS NOT the same as advising people to do this.  The  only way 
that we as researchers can use off label products is to conduct  research on 
colonies THAT are not used for honey production.  That's the  reason I haven't 
owned an extractor for the past 30+ years.
 
So, folks like Bob take a risk any time that they give advise  that is 
inconsistent with a label.  He may not fire himself for this  behavior, but his risk 
of being sued if anything goes wrong is just as great,  and his risk of 
losing if this goes to litigation may be even greater than  ours.  Remember, most 
universities and gov agencies have on staff legal  council, with specialists in 
handling cases like this.  Most beekeepers  don't have access to staff 
lawyers.
 
Jerry
 
Jerry



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