Apiculture Resources Development and Protection Council of Ministers Regulation No.372/2016

Council of Ministers Regulation No. 372/2016

Council of Ministers Regulation to Provided for the Apiculture Resources Development and Protection

This Regulation is issued by the Council of Ministers pursuant to Article 5 of the Definition of Powers and Duties of the Executive Organs of the Federal Democratic Republic of Ethiopia Proclamation No. 916/2015 and Article 9 of the Apiculture Resources Development and Protection Proclamation number 660/2009

PART One

General

1.  Short Title

This Regulation may be cited as the “Apiculture Resources Development and Protection Council of Ministers Regulation No.372/2016”.

2.  Definition

In this Regulation unless the context otherwise requires:

1/  “Proclamation” means the Apiculture Resources Development and Protection Proclamation No. 660/2009;

2/  definitions provided for under Article 2 of the Proclamation shall be applicable;

3/  “cell” means hexagonally designed single compartment on a honey comb for rearing worker, queen and drone bees or a place for storing nectar, honey and pollen;

4/  “comb” means a set of cells, commonly known as honey comb;

5/  “commercial beekeeper” means a person who keeps 500 or more honeybee colonies for the purpose of harvesting bee products;

6/  “honeybee disease” means disease such as nosema, chalk brood, varroa and the like that affect or attack the health of brood, pupae and adults of honeybee;

7/  “honeybee pest” means an animal or insect such as ant, wax moth, honey badger, small beehive beetle and the like that attacks brood, pupae, adult of honeybee and honeybee products;

8/  “organic honey” means honey produced based on requirements set for organic honey production;

9/  “honey plants” means plants that produce nectar or pollen or both for honeybees;

10/   “pollen” means male reproductive part of flowering honey plant collected by honeybees for feeding bee brood;

11/   “adulterated” means a honeybee products are blended or mixed with artificial sugar, molasses, paraffin and other foreign materials;

12/   “beeswax” means a secretion of honeybees used to build cells or honey combs, which enable them to rear brood, store pollen and honey in their hives or in the habitat of their choice; and it does not include wax extracted from other animals, plants, minerals or through artificial methods;

13/   “honeybee breeding” means improving of unproductive honeybee races with honeybee races of selected desirable traits through breeding;

14/   “processing and packaging plant” means a plant that processes and packs honeybee products;

15/   “quality control laboratory” means place where bee product quality is analyzed;

16/   “honeybee products market” means a location or business place where honey, beeswax, royal jelly, bee brood, bee venom, propolis and pollen are sold in retail, wholesale or auction in its crude, processed or value added form;

17/   “registration” means the recording of beekeepers name, address, apiary location and any other pertinent information;

18/   “inspection” means a system to assess and control quality, standard, processing, transporting, storing and marketing of honeybee products, beekeeping equipment and materials to protect customers and to keep business ethics;

19/   “registration certificate” means a certificate issued by supervising authority to beekeepers upon acceptance of the application for registration;

20/   “safety certificate ” means a certificate issued by a supervising authority after approval of the safeness of honey and other honeybee product for consumption or in the case of beeswax and propolis, whether it is free from hazardous chemical residuals or not adulterated with other foreign materials;

21/   “supervising authority” means the Ministry of Livestock and Fisheries Resource or organ empowered by the regional state;

22/   “inspector” means apiculture resource development inspection expert designated by the supervising authority;

23/   “processing” means the process of separating honey from the wax;

24/   “Ministry” means the Ministry of Livestock and Fisheries Resource;

25/   Any expression in the masculine gender includes the feminine.

 

PART Two

 

Apiculture Resources Development and Protection

Sub-section One

Apiculture Resource Development

3.  Registration

1/  Any beekeeper engaged in one or more modern honeybee colony development shall register with the supervising authority within the period stipulated in a directive issued by the Ministry.

2/  Any beekeeper shall put his registration certificate issued by supervising authority at conspicuous place visible for apiculture resources development inspector in his apiary.

3/  Any beekeeper shall give number or attach distinctive mark on honeybee colony he owns or possesses.

4/ Any honeybee colony with no number given or attached with no distinct mark shall be considered as illegal and appropriate measure shall be taken pursuant to directive issued by the Ministry.

4.  Apiary Site Determination

1/  A backyard or urban apiary shall be determined depending on the honeybee colony carrying capacity of the backyard or urban plot and availability of bee forages in the vicinity.

2/  Any backyard or urban beekeeper shall undertake the beekeeping in accordance with the directive issued for the development to avoid bee sting attack against neighbors and animals.

3/  Any beekeeper authorized with written permit in accordance with Article 3(2) of the Proclamation shall, sign advance agreement with the body authorized for the administration of such land not to cause destruction to the natural resources during utilization.

4/  Without prejudice to Article 3(6) of the Proclamation, any beekeeper can undertake migratory beekeeping provided that his honeybee colonies are free from honeybee diseases and honeybee pests.

5.   Honeybee Colony Swarm and Ownership

1/  Without prejudice to Article 3(7) of the Proclamation, no person shall claim ownership of swarming honeybees colony as they are partially or fully spelt to evacuate from a hive or natural nest.

2/  Any person baiting swarming honeybees colony from the location where they are landing shall avoid any sting attack against safety of human and animals.

3/  Without prejudice to Article 3(7) of the Proclamation, any beekeeper or forest grower for none timber forest products utilization may hang or place bait hive in his possession area and can bait and catch swarming honeybee colony.

4/  Baiting and catching of swarming honeybee colony from Government and Cooperative forest, Park and Wild Life Sanctuaries by hanging or placing hives may be possible only when permit is obtained from the body authorized for the administration of such areas.

6.   Commercial Queen Bee Rearing

1/  Any person who wishes to undertake commercial queen bee rearing shall obtain permit from the supervising authority.

2/  Any person who engages in queen bee rearing shall sale or offer as gift bred queen bees to others only if the queen bees are bred from honeybee colonies selected for desirable traits that are recognized by supervising authority.

3/  Any person who engages in queen bee rear

      ing shall keep rearing and transaction records

      and show the supervising authority when

       requested.

4/  The requirements to be fulfilled by a queen bee rearing station or centre shall be specified in a directive issued by the Ministry.

7.  Honeybee Products and Beekeeping Equipments Business

1/  Any honeybee product to be supplied for market shall be tested by the concerned body and accompanied with quality and safety certificate.

2/  A business license for export of bee products, beekeeping equipment and materials shall be issued by the Ministry of Trade.

3/  A certificate of competence to engage in the production and a certificate of health, quality and safety for the products specified under sub-article (2) of this Article shall be issued by the federal supervising authority.

4/  A business license for domestic trading of bee products, beekeeping equipment and materials shall be issued by the appropriate regional organ or city administration.

5/ An appropriate regional organ or a city administration shall issue certificate of competence to engage in the production and a certificate of health, quality and safety for products specified under sub-article (4) of this Article.

6/  Sale or transfer of adulterated or blended honeybee products shall be prohibited.

7/  Any person importing or locally manufacturing new beekeeping equipments and materials shall import or manufacture by maintaining the standard and quality requirements.

8/  Any sub-standard beekeeping equipment identified during inspection shall be kept aside from providing services.

8. Research on Honeybee, Beekeeping   Equipments and Honeybee Products

1/  Any foriegner who wants to enage in research of honeybee improvement, honeybee products, honey plants and honeybee management shall obtain certificate of competence from the supervising authority.

2/  Any person who engages in any kind of honeybee breeding activity shall conduct the breeding in accordance with the directive issued by the Ministry.

3/  Honeybee breed obtained through breeding may be registerd when approved in accordance with the directive issued by the Ministry.

9. Honeybee Product Processing, Packaging, Handling, Labelling and Transporting

1/  Except those carried out at farmers and semi-pasturalists level, any honeybee product processing  and packaging activity shall be undertake  in a buiding approved by the supervising authority,

2/  Honeybee product processing and packaging areas shall, as specified in the directives isssued by the Ministry, be far-off from any contaminants that may affect the quality and safety of the product.

3/  Any material used for honeybee product processing and packaging shall be those do not spoil the quality and safety of the product.

4/  The processing, packaging and handling of marketable honeybee product may be inspected at any time by the concerned supervising body.

5/  Processed and packed honeybee product supplied to market shall have a label that ensures traceability of the product written in Amharic and English language and affixed on the container of the product before supplied to the market.

6/  The storing and transporting of bee products shall be conducted in accordance with the directive issued by the supervising authority by maintaining the hygienic parameters.

Sub-section Two

 

Apiculture resource and Honey Plant protection and obligation of beekeepr

10. Protection of Apiculture Resource

Without prejudice to Article 4 and 5 of the Proclamation:

1/  the storage rooms for beekeeping equipment and materials shall be distant and free from contaminants;

2/  precaution shall be taken to avoid injury and death of honeybees during hive inspection;

3/  insitu and exsitu conservation shall be undertaken to avoid declining and vanishing of endogenous honeybee races of the country;

4/  honeybee races germ-plasma shall be protected from genetic dilution and erosion;

5/  migratory beekeeping for development or market purpose without obtaining permit from the supervising authority shall be prohibited;

6/  the importation of any processed honeybee feed shall be accompanied by hygiene inspection certificate signed and issued by the appropriate authority of the country of origin;

7/  any imported honeybee product, processed honeybee feed, beekeeping equipment and utensil, honey comb and other materials related to apiculture development shall be inspected to its compliance with the standard before it is checked out from the airport or dry port.  If it fails to comply with the standard, it shall be sent back to the country of origin or disposed by the expense of the importer;

8/  the newly caught swarming honeybee colony shall not be brought to apiary before verifying that it is free from honeybee diseases and honeybee pests;

9/  a honey provided as feed to honeybees shall be verified that it is free from honeybee diseases and honeybee pests;

10/   a honeybee colony infested with curable honeybee disease and honeybee pest shall be isolated from healthy honeybee colonies and placed in a temporary apiary until it is cured; but a honeybee colony infested with incurable honeybee disease and honeybee pest shall be destroid with the beehive

11. Protection of Honey Plant

1/  The honey plants in forests, enclosed mountains, parks, sanctuaries, soil and water conservation structures, farm lands, backyards and the surounding shall be protected from being cut.

2/  The importation of honey plant shall be accompanied by hygiene inspection certificate signed and issued by the appropriate authority of the country of origin.

3/  The adaptability, productivity and its being free of plant diseases and plant pests shall be verified for the honey plant imported pursuant to sub-article (2) of this Article before it is distributed to consumers.

12.Obligations of Beekeeper

1/  Any beekeeper engaged in urban beekeeping activity shall keep his honeybee colony 50 meters away from social institutions, places of public gathering and industries producing high noise or two kilometer away from industries releasing or emitting chemicals.

2/  Any person engaged in a field beekeeping development shall keep clean the beekeeping development area from dust, smoke, chemical pollution and bad smell and, shall not put honeybee colonies in a river banks exposed to flood and swampy area exposed to pests.

PART Three

ISSUANCE OF CERTIFICATE OF CompetencE and Record keeping

13.  Certificate of Competency

1/  Any person who wishes to engage in commercial beekeeping, to establish queen bee rearing station or centre, beekeeping equipment and materials manufacturing workshops, bee products processing and packaging plant or honeybee products marketing enterprises shall obtain certificate of competence from the supervising authority.

2/  A certificate of competence issued pursuant to sub-article (1) of this Article shall be valid for a year.

3/  A certificate of competence shall be renewed within two months before laps of the validity period.

4/  If any person engaged in commercial beekeeping or commercial queen bee rearing causes change in apiary of honeybee colony or mode of production he shall renew his certificate of competence.

5/  It shall be prohibited to engage in commercial beekeeping activity, to establish beekeeping equipment and materials producing enterprise, honeybee products processing and packaging plant or honeybee products marketing enterprise without obtaining certificate of competence and business license.

6/  Any honeybee products processing and packaging enterprise found operating without meeting internal hygiene that may lead to damage the quality of products shall, if it is for the first time, be given a written warning with a reasonable time limit so as to rectify the problem.

7/  The certificate of competence of any person who received warning pursuant to sub-article (6) of this Article and failed to rectify the problem within the time limit or found operating without meeting internal hygiene that may lead to damage the quality of products for the second time shall be suspended until the problem is rectified.

8/  The certificate of competence of any commercial beekeeping developer, beekeeping equipment and materials producer, honeybee products processor and packager or honeybee products business center shall be cancelled if he fails to maintain obligation and responsibility according to this Regulation.

9/  Commercial beekeeping enterprise, beekeeping equipment and materials producing enterprise, honeybee products processing and packaging plant or honeybee products business center that quitted the business  for whatever reason only may resume its business after being inspected and verified for compliance with this Regulation and permitted by the supervising authority.

10/   The particulars to be fulfilled for the issuance of certificate of competence shall be specified in the directives issued by the Ministry.

14. Record Keeping

1/  The documents related to product collection, processing, transporting and distribution of the honeybee processing and packaging enterprises and honeybee products business center as well as the transaction documents of beekeeping or processing equipment and materials production enterprises shall be signed by a responsible person and kept in folder for the perusal of the supervising authority.

2/  The working guidelines and practices applied by the product inspector in conducting his duty on honeybee products processing and packaging shall be designed in a way that maintains record which enables him to immediately and fully identify the constraints of the past product supplied to market not to happen to current products.

3/  Honeybee products processing and packaging enterprises and beekeeping equipment and materials manufacturers and importers shall maintain documents examined for a period of two years for the purpose inspection.

PART four

Miscellaneous Provision

15.  Powers and Duties of the Supervising Authority

The supervising authority shall have the following powers and duties:

1/  carry out control, in collaboration with appropriate institutions, over honeybee resources development and protection, honeybee and honeybee products marketing, processing and packaging equipment marketing and utilization;

2/  carry out control, in collaboration with appropriate institutions, over the quality, safety and standard of honeybee products, beekeeping equipment, honeybee products processing, and packaging materials;

3/  identify and keep records of the beekeepers engaged in commercial beekeeping development with their beehive number or distinct mark, persons engaged in honeybee product processing and packaging business, persons engaged in the business of honeybee product or beekeeping equipment, in accordance with this Regulation, and  areas delineated for organic honey production;

4/  issue permit for placing honeybee colony on the land possessed by Government to undertake migratory beekeeping, pollination services and honey development;

5/  enforce permit given pursuant to the directives issued in accordance with this Regulation to own or bait swarming honeybees;

6/  identify areas suitable for commercial beekeeping and issue permit to investors to use the areas for commercial beekeeping;

7/  in collaboration with other pertinent bodies, issue certificate of competence pursuant to  Article 13(1) of this Regulation and supervise same;

8/  in collaboration with other pertinent bodies issue permit for honeybee and related research activities to be carried out and maintain record of research outputs and recognize same;

9/  in collaboration with other pertinent bodies, control quality and safety of imported honeybee products, beekeeping, processing and packing equipments;

10/   in collaboration with other pertinent bodies, prohibit importation of live honeybee species and races, used beekeeping, production, or processing equipment or materials into the country from abroad.

11/   in collaboration with other pertinent bodies, control production operation of honeybee product processing and packaging enterprises;

12/   dispose honeybee colonies and beehives infected with incurable honeybee diseases and pests, honeybee products do not comply with quality and safety standard and sub-standard beekeeping equipments and materials;

13/   assign, in accordance with the directives issued by the Ministry, competent inspectors in the field of apiculture resources development and protection.

16.  Powers and Duties of the Apiculture

      Resources Development Inspector

Without prejudice to the provisions of Article 7 of the Proclamation the apiculture resource development inspector shall have the following powers and duties:

1/  register and supervise commercial beekeepers hives number or identification marks, honeybee products processing and packaging plants, persons involved in marketing of honeybee products and beekeeping equipment and areas of organic honey production;

2/  control the appropriate management of apiaries permited for honeybee colonies beekeepers to undertake migratory beekeeping;

3/  monitor beekeepers engaged in urban and peri-urban beekeeping activities whether they are operating in accordance with the provision of  this Regulation;

4/control proper handling and utilization of natural resources in areas where commercial beekeeping are operated;

5/  monitor persons obtained certificate of competence pursuant to Article 13(1) of this Regulation whether they operate by maintaining the particulrs;

6/  in collaboration with relevant bodies, pursuant to directives issued hereunder, supervise and ensures the registeration of locally produced and marketed live queen bees, honeybee products, beekeeping equipment, honeybee products processing and packaging equipments and materials upon fulfilling the quality, safety and competency standard;

7/  conduct inspection to prohibit importation of live queen bees, honeybee species and races, used beekeeping or processing equipment and materials at customs control stations by showing identification card that indicates his powers and duties;

8/  seize and report to the supervising authority and cause to take action when he believes that locally produced and marketed queen bees, honeybee products, beekeeping or processing equipments and materials or, imported beekeeping or processing equipment and materials  do not meet the quality, safety and standard;

9/  seize and take sample of honeybee products suspected unfit for human consumption and cause execution of quality control laboratory analysis;

10/   reports to the supervising authority about honeybee colonies and beehives infected with incurable honeybee diseases and pests, honeybee products and beekeeping equipments that do not comply to the quality, safety and standard requirements to be destroyed;

11/   submit written inspection reports to the supervising authority.

17.  Disputes Settlement

1/ Any dispute that may arise in the implementation of this Regulation shall be examined and resolved by a technical committee formed by the supervising authority involving a person delegated by the concerned party.

2/ The administrative decision rendered pursuant to sub-article (1) of this Article shall not deter the party to get justice in the court of law having jurisdiction.

3/  The mode of formation, number and composition of the members and working procedures of the technical committee shall be specified in the directives issued by the Ministry.

18.  Inapplicable Laws

Any regulations, directives or practices which contradict the provision of this regulation shall not be applicable in the execution of matters covered by this Regulation.

19. Power to Issue Directives

The Ministry may issue directive for the implementation of this Regulation.

20. Effective Date

This Regulation shall enter into force on the date of publication in the Federal Negarit Gazette.

Done at Addis Ababa, this 3rd day of February, 2015.

HIleMARIAM DESSALEGNE

Prime Minister of theFederal Democratic Republic of Ethiopia

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