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Author Topic: Georgia trying to require licensing  (Read 455 times)

Offline David McLeod

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Georgia trying to require licensing
« on: October 08, 2020, 10:58:43 pm »
DATE:   September 9, 2020

ACTION:  Notice of Intent to Consider the Adoption of Chapter 620-9

TO ALL INTERESTED PERSONS AND PARTIES:

Pursuant to the Official Code of Georgia Annotated, O.C.G.A. ?? 43-45-8 and 50-13-4, notice is hereby given that the Georgia Department of Agriculture (?Department?) and the Georgia Structural Pest Control Commission (?Commission?) will hold a public hearing on October 9, 2020, at 9:00 A.M. via Zoom video and teleconference.

Said hearing shall be for the purpose of considering adoption of Chapter 620-9 entitled ?Control and Removal of Honeybees from Structures.? Written comments will be accepted from September 9, 2020, to the close of business (4:30 pm ET) on October 9, 2020.

SYNOPSIS, MAIN FEATURES AND DIFFERENCES:

The Commission is proposing to adopt Chapter 620-9 entitled ?Control and Removal of Honeybees from Structures.? Specifically, the Commission is proposing to adopt Rule 620-9-.01 entitled ?Definitions? which would define terminology necessary for administration of the proposed Chapter. Proposed Rule 620-9-.02 entitled ?General Requirements? would set forth the requirements for the control and removal of honeybees from structures in Georgia. Specifically, the rule would clarify that the use of any ?pesticide? to control, remove, or eliminate honeybees in, on, or under a structured is considered household pest control and requires a Household Pest Control License. The Rule would also clarify that ?Honeybee control and removal? is limited to the control and removal of honeybees. The control, removal, or elimination of other types of bees requires a Household Pest Control license as defined in Rule 620-2-.01(s).

In addition, proposed Rule 620-9-.02 would require a honeybee control and removal contract be issued on all honeybee control and removal jobs in accordance with requirements of the Fair Business Practices Act of 1975, and the rules of the Federal Trade Commission, 16 C.F.R. 429, including disclosure by the licensee of the three (3) day right of cancellation. The terms of any contract extension beyond the original terms must be indicated on the contract. Likewise, the Rule would require honeybee control and removal jobs include the removal of all honeybees, honeycomb, honey, and wax from the structure including, but not limited to, all voids which must be properly sealed following control and removal Furthermore, proposed Rule 620-9-.02 would require any person engaging in honeybee control and removal be a Certified Bee Control and Removal Operator and hold a Structural Pest Control Company License in the Operational Category of Honeybee Removal. Before being issued a honeybee removal operator certification, the applicant would be required to provide the Commission with satisfactory evidence of his or her qualifications including the following: (a) Completed application form; (b) Documentation certifying completion of the University of Georgia Certified Beekeeper Program; and (c) Payment of an Operator Certification Fee.

The Rule would also provide for recertification. Specifically, certified honeybee removal operators would be required to complete one of the following requirements prior to expiration of the five (5) year certification period: (a) Complete a University of Georgia workshop on Bee Removal and Relocation; or (b) Retake and pass the University of Georgia Certified Beekeeper Program.

Proposed Rule 620-9-.03 entitled ?Exceptions? would clarify that a Honeybee Removal license and Certified Honeybee Control and Removal Operator shall not be required for the control and removal of honeybees if the licensee holds a Household Pest Control license.

COMMENT PERIOD AND ADDITIONAL INFORMATION:

The Department and Commission will be accepting written comments from September 9, 2020, to the close of business (4:30 pm ET) on October 9, 2020. A public hearing will be held on October 9, 2020, at 9:00 A.M. via Zoom video and teleconference:

Join Zoom Meeting
https://us02web.zoom.us/j/85903501405?pwd=RndPZXZmcEw3NW51YTRhSFRoWG9RQT09

Meeting ID: 859 0350 1405
Passcode: 985467

All comments will be considered on October 12, 2020. Please submit written comments to:

Derrick Lastinger, Vice Chairman
Georgia Structural Pest Control Commission
19 Martin Luther King, Jr. Drive, S.W.
Atlanta, Georgia 30334
Telephone Number: (404) 656-3641
Fax Number: (404) 463-6671
Email Address: SPCC@agr.georgia.gov

Interested persons may call or submit a written request to obtain a copy of the proposed rules. A copy of the synopsis and the proposed Chapter may be downloaded from the Georgia Department of Agriculture website at www.agr.georgia.gov. To request a copy, contact Derrick Lastinger at 404-656-3641 or submit the written request to Derrick.Lastinger@agr.georgia.gov or 19 Martin Luther King, Jr. Drive, Atlanta, Georgia 30334.

This notice is given in compliance with the Georgia Administrative Procedure Act, O.C.G.A. ? 50-13-4.
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Offline Ben Framed

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Re: Georgia trying to require licensing
« Reply #1 on: October 09, 2020, 11:02:02 am »
>  The control, removal, or elimination of other types of bees requires a Household Pest Control license as defined in Rule 620-2-.01(s).


So this means once again, another freedom of life, liberty, and the pursuit of happiness is on the verge of being lost in the state of Georgia? Sad

Why would Georgia turn it?s back on so many hard working bee removers who have in the past and present conduct such services for the public good as well as the good of the bee, showing favor and partisans toward pest control companies, affording these companies or license holders of such, alone this privilege? How did this idealism originate? Who was the lobbyist behind this in particular by name? Who in the Department of Agriculture, by name, is behind and going along with this? Again, Sad
« Last Edit: October 09, 2020, 11:46:56 am by Ben Framed »
For this people's heart is waxed gross, and their ears are dull of hearing, and their eyes they have closed; lest at any time they should see with their eyes and hear with their ears, and should understand with their heart, and should be converted, and I should heal them.

Offline TheHoneyPump

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Georgia trying to require licensing
« Reply #2 on: October 09, 2020, 12:19:14 pm »
I just had a read through.  I am far from georgia, but offer my perspective anyway.
The parts of the proposal that twitched my eyebrow.
- honey colony and swarm removal will need a license and a contract
- the requirement appears to only apply if pesticides are going to be used, ie killing the bees.
- a university degree will be needed to qualify for licensing
- anyone holding and existing license can kill/remove honey bees.

My perspective
- yes some proof of knowledge and competence should be required.  Proof to the public is done by registration and licensing.  Same as your drivers licence etc.  This is a good idea.
- the extent of education required (university) may be a matter of debate and scrutiny so as to land on a reasonable pragmatic level that sets the acceptable standard.
- any time work is being done on or to someone elses property an agreement, verbal/written, should be in place.  Things do not always go as planned, as envisioned, as expected.  An agreement guides how those tangents will be addressed and protects both parties.
- the biggest contention should be .... existing license holders should NOT be given a pass on the requirements for the honeybee. These people treat honeybees like roaches, ants, wasps, spuders, ...  Not cool for the honeybee. They should have to go through the same university training and certifications as any other license applicant and be expected to apply the same level of care to the bees that a beekeeper would. The honeybee license should be separate and distinct from their other main pest control license.  They should have to apply separately and be licensed separately. 

Other than those things, I dont see any problems or big deal of it.  Other than freebees - will not be free anymore, cause you will have to invest in a license to go get them.

Just my 2c from a few thousand miles away. Wth full acknowledgement that I have no skin in it. 
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Offline AR Beekeeper

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Re: Georgia trying to require licensing
« Reply #3 on: October 09, 2020, 12:27:29 pm »
There are more than one side to every story, we should not jump to conclusions without hearing both sides of a story.

This could be a case of an actual need caused by persons not qualified attempting to remove bees and causing damage to persons or property.

It could be caused by a Legislature foreseeing a need and attempting to correct a problem before it occurs, but trying to do so without thinking the problem through.  This usually results in needless controls, and a solution that is unsatisfactory to both side of the question.

It could be caused by an employee in government attempting to gain power for themselves by "creating a need" and constructing a position that would fill that "need."  When a law is made there is a need for someone to enforce that law, administer tests, issue permits, etc.

Having worked in state government I am reluctant to give any agency the power to control the actions of the people without input by those that will be controlled, and without showing a vital need for that control.  I have seen too much of the protecting the interests of a very few at the expense of the many.

Offline TheHoneyPump

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Georgia trying to require licensing
« Reply #4 on: October 09, 2020, 12:47:47 pm »
Excellent points AR.
Another angle to throw in the mix is perhaps the pest control operators feel they are missing out on business to seemingly rogue beekeepers and are thus lobbying to make it tough for anyone other than themselves to do removals.   Imho should be other way around, whereas only registered/licensed beekeepers be allowed/approved to do honeybee removals, not pest control operators.
If there is a beekeeper lobbyist group, they should be prompted to get engaged in this early.

It will be interesting to see how this develops and where it ends up.
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Offline Ben Framed

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Re: Georgia trying to require licensing
« Reply #5 on: October 09, 2020, 12:49:45 pm »
There are more than one side to every story, we should not jump to conclusions without hearing both sides of a story.

This could be a case of an actual need caused by persons not qualified attempting to remove bees and causing damage to persons or property.

It could be caused by a Legislature foreseeing a need and attempting to correct a problem before it occurs, but trying to do so without thinking the problem through.  This usually results in needless controls, and a solution that is unsatisfactory to both side of the question.

It could be caused by an employee in government attempting to gain power for themselves by "creating a need" and constructing a position that would fill that "need."  When a law is made there is a need for someone to enforce that law, administer tests, issue permits, etc.

Having worked in state government I am reluctant to give any agency the power to control the actions of the people without input by those that will be controlled, and without showing a vital need for that control.  I have seen too much of the protecting the interests of a very few at the expense of the many.

All valid points AR. May I add. Usually when a person in a community does a shoddy job at something, the word gets around pretty fast. Especially when connected to agriculture and livestock, be it a bee remover or a (horseshoer) farrier for example. Just as when a person does a good job the good word gets around as well. I seriously doubt that a half hearted bee remover or a farrier will last long. Especially if the person having the job done ask for references. I do not know how this bee removal pest licenses will be alloted. I hope a fair way for all concerned.
For this people's heart is waxed gross, and their ears are dull of hearing, and their eyes they have closed; lest at any time they should see with their eyes and hear with their ears, and should understand with their heart, and should be converted, and I should heal them.

Offline Ben Framed

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Re: Georgia trying to require licensing
« Reply #6 on: October 09, 2020, 12:59:10 pm »
Excellent points AR.
Or perhaps the pest control operators feel they are missing out on business to seemingly rogue beekeepers and are thus lobbying to make it tough for anyone other than themselves to do removals.   Imho should be other way around, whereas only registered/licensed beekeepers be allowed/approved to do honeybee removals, not pest control operators.
If there is a beekeeper lobbyist group, they should be prompted to get engaged in this early.

It will be interesting to see how this develops and where it ends up.

Good points from the both of you.  Yes, It will be interesting to see how this develops and where it will end up. I will make a prediction. I predict that if passed this will give the pest control companies the middle man advantage. For example, when they receive a call they will have a beekeeper/remover go out and give a price for the job and add their, (pest control cut) to the price. Meanwhile many of the same, old time removers will do the same job but for the pest control company holding the licenses, and receive their check from the pest control companies instead of the homeowner. Costing the homeowner or structure owner, even more than necessary to have the bees removed.
For this people's heart is waxed gross, and their ears are dull of hearing, and their eyes they have closed; lest at any time they should see with their eyes and hear with their ears, and should understand with their heart, and should be converted, and I should heal them.

Online sawdstmakr

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Re: Georgia trying to require licensing
« Reply #7 on: October 09, 2020, 07:06:14 pm »
I would be fighting this tooth and nail. Florida tried to do this and we fought back. We ended up with rules making it that you had to bee a registered beekeeper to do bee removals. Most of our pest company?s will not remove bees. They usually try to to hire a beekeeper. I would recommend that you try to get them to follow Florida?s rules.
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Offline Bob Wilson

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Re: Georgia trying to require licensing
« Reply #8 on: October 09, 2020, 11:18:05 pm »
I also oppose ever increasing laws.
However, I am grateful for some... like the Georgia law that no local district can infringe upon a georgia homeowner from keeping bees.

Offline Acebird

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Re: Georgia trying to require licensing
« Reply #9 on: October 10, 2020, 09:38:27 am »
I would recommend that you try to get them to follow Florida?s rules.
Jim Altmiller
You mean the ones that require a licensed contractor to do anything to your property.  I can see both sides but a licensed contractor in FL is a joke.  In most cases so are local codes.
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Online sawdstmakr

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Re: Georgia trying to require licensing
« Reply #10 on: October 10, 2020, 01:19:02 pm »
I would recommend that you try to get them to follow Florida?s rules.
Jim Altmiller
You mean the ones that require a licensed contractor to do anything to your property.  I can see both sides but a licensed contractor in FL is a joke.  In most cases so are local codes.
But not bee removals.
The reason for the laws are the sheisters that come down here after every hurricane and take money from homeowners and then disappear.
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Offline Michael Bush

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Re: Georgia trying to require licensing
« Reply #11 on: October 15, 2020, 03:01:05 pm »
It's a horrible idea of course.  Pest control people will just kill them.  Beekeeper's can't afford to get a license just to remove some bees now and again.

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Offline Acebird

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Re: Georgia trying to require licensing
« Reply #12 on: October 15, 2020, 06:14:47 pm »
But not bee removals.
The reason for the laws are the sheisters that come down here after every hurricane and take money from homeowners and then disappear.

Could apply to some bee removals.  Most don't repair the damage they have done which could be very costly.  And then there is the question of do they know what they are doing?  I am not for licensing that is just a form of revenue.  I do think there should be some form of certification.  That could be provided through beekeepers associations and maybe cooperative extension.
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