Chris Slade asked:
> Do they have right of entry onto private property?
The State of New York seems to think so, at
least within the narrow reading of the
Ag & Markets regulations:
"Section 173 also authorizes the Commissioner
to have access to and make investigations of
apiaries, structures, appliances or premises
where bees or honey or comb used in apiaries
are located..."
But there is a broader rule, one that inherently
invalidates any such attempt to give anyone any
such "access" It is in the US Bill of Rights:
"AMENDMENT FOUR:
The right of the people to be secure in
their persons, houses, papers, and effects,
against unreasonable searches and seizures,
shall not be violated, and no Warrants shall
issue, but upon probable cause, supported by
Oath or affirmation, and particularly
describing the place to be searched, and
the persons or things to be seized."
Just in case anyone thinks that the Bill of Rights
does not apply to actions of the States, we have
the very famous "Mapp v. Ohio", 367 US 643, where
the US Supreme Court ruled in 1961 that the 4th
Amendment is enforceable against state governments
by way of the "Due Process" Clause of the 14th
Amendment, one of their more elegant slam dunks.
In the state of Ohio, it was made clear that the
Bill Of Rights overrules any bee inspector, no
matter how well-intentioned. I forget the year
of the ruling, but the Ohio courts were not about
to buck "Mapp v. Ohio", and get their nose
bloodied yet again by the Supreme Court.
> Here in England, the Bee Inspectorate are generally
> welcomed and supported by beekeepers.
Same thing in most places.
Sounds like there is a "history" where the New York
program suffered several self-inflicted gunshot wounds
to the foot, and lost the trust of the beekeepers.
> Is there a compensation scheme?
Not a penny is paid.
> AFB is treated by burning...
There is a long, sad tale of an honest beekeeper on
Long Island NY (Clifford Still, for those who have
met him at EAS meetings) who found foulbrood and
wanted to "do the right thing". But open fires
were prohibited in his town, so he was caught between
two sets of conflicting regulations in a Kafkaesque
comedy that requires at least 20 mins to give the
full dramatic treatment.
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