In a message dated 10/2/99 4:37:01 PM Pacific Daylight Time,
[log in to unmask] writes:

<< I have several operating hives in Westchester county, and I have heard =
 that Westchester County is to begin spraying malathion on Monday, =
 October 4th. I would appreciate any information concerning measures I =
 could take to protect my hives from this pesticide...  >>

1.  Are there still blossoms in your area?  Goldenrod and aster?  If they
are, the bees will be foraging on any nice day.

2.  Go to the vector control people at the county and ask for a copy of the
label. There are many fomulations of this pesticide. I believe all of them
have the following directions:

    Under Environmental Hazards: "This product is highly toxic to bees
exposed to direct treatment on blooming crops or weeds. Do not apply this
product or allow it to drift to blooming crops or weeds if bees are visiting
the treatment area."

    It also says, under Directions for Use:    "It is a violation of Federal
Laws to use this product in a manner inconsistant with its labeling."

    Nighttime applications are in compliance with the label directions,
because bees will not be foraging.

   Tell them that if they plan to spray during the day, they must have a
monitoring system to determine when bees are foraging.  Offer to help them
monitor. You can easily tell when bees are carrying goldenrod pollen, at the
entrance of the hives. Or you can watch them on the flowers. Usually the
mornings are cool, this time of year and foraging begins at mid-day, so
morning applications would be okay until bees start work. The foraging comes
to a peak in late afternoon, but, if it is warm, may continue until dusk.

    Emphasize that this is the Law; they must have real data on when bees
forage, not just guesswork or conjecture.  While you are willing to help them
comply with the law, you are also willing to swear out a warrant for their
arrest if they wilfully disobey the law.  And, if they demand that you
protect or move the bees, they are stating their intention to ignore the
label directions, which is clear evidence of wilfulness in any violations
that occur.

    The flow chart for cotton pesticide applications would be useable here,
with minor adaptations. Print it out from:
http://www.pollinator.com/cotton/

    Get ahold of a camcorder with a clock and date imprint on the film. If
they apply in the daytime, while bees are foraging, record the application
and the foraging bees. The hardest thing is to catch the planes, as they can
move very fast. Then make sure they get prosecuted. Find out who is in charge
of pesticide enforcement in your state.  You probably can do that online. You
may wish to make a preparatory call to them.

    Most of all, you have to have some backbone. Many beekeepers just cave
in. As long as we are willing to run and run and run some more, they will get
away with these label violations. And there will eventually be no place for
us to run to...... And they'll get away with demanding that hobby beekeepers
take time off from their regular jobs, and commercial beekeepers be in a half
dozen places at the same time (seizing our property without compensation).

    After a number of cases where the state pesticide chief would not enforce
the law, I filed a civil rights claim on him personally, because his refusal
to enforce the law amounted to a seizure of my property without compensation,
a violation of the Bill of Rights.   Since then, enforcement has improved,
though it still has a long way to go. I have not pushed the claim, but he
knows I can reactivate it.

    You may wish to present a Freedom of Information Request to your county
vector control people and/or any contractors they hire, asking the material
used, a copy of the label, and the procedures used to comply with the bee
directions.  This helps them clarify the need to do this right.

    I have also done the same (FOI request) for our pesticide regulator's
office regarding any communication or enforcement actions with applicators. I
notified them the typical hours bees forage on goldenrod and that applicators
must be aware of bee foraging patterns, if they plan any daytime applications.

Dave Green    Hemingway, SC   USA
The Pollination Home Page:     http://www.pollinator.com
The Pollination Scene:   http://users.aol.com/pollinator/polpage1.html

Jan's Sweetness and Light Shop    (Varietal Honeys and Beeswax Candles):
http://users.aol.com/SweetnessL/sweetlit.htm