Bees (Import Control and Management) Act

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Arrangement of Sections

1. Control of importation of bees and apicultural material

2. Importation of bees, etc., by a State

3. Power for Minister to order forms, etc

4. Regulations for control of spread of disease, etc., among bees

An Act to make provisions for the importation and management of bees and apicultural material.

[1970 No.5.]

[ 1st April, 1970]

[Commencement.]

1. Control of importation of bees and apicultural material

(1) Subject to the provisions of this Act, no person shall on and after the appointed

day import into Nigeria any bees, or any apicultural material for use in connection with

bees or bee‐keeping, unless that person is the holder of a permit in the prescribed form

issued under this Act.

(2) Where application in that behalf is made to the Minister of Agriculture (hereafter

in this Act referred to as “the Minister”) on the prescribed form together with the

appropriate fee, the Minister may on such conditions as he may impose, approve

the application or, if he thinks fit, he may reject the application without being required

to assign any reason for the rejection, but any fee paid in respect of the rejected application

shall be refunded.

(3) With the application there shall in every case be submitted in the prescribed form

an undertaking to do all things which may be considered by the Minister necessary for

the prevention of disease or parasitic state among bees, and to destroy or treat in proper

case after importation, bees or apicultural material found so infected or suspected of being

infected.

(4) A permit issued under this section shall not be transferable or assignable, but

may, in such manner as the Minister may authorise or approve, be withdrawn or suspended,

or after suspension be withdrawn, by the Minister or any person duly authorised

by him in that behalf, so however that the withdrawal or the suspension of a permit under this subsection shall not affect entry already made in pursuance of the permit, but any

conditions attaching to the permit shall apply as if the permit had not been withdrawn or

suspended.

(5) Any person who‐

(a) imports any bees or apicultural material into Nigeria otherwise than in

accordance with this Act; or

(b) Contravenes the conditions of a permit under this Act; or

Act, shall be guilty of an offence.

2. Importation of bees, etc., by a State

(1) Where a State of the Federation is desirous of importing bees or apicultural material the

provisions of subsection (2) of this section shall apply.

(2) The Ministry concerned with apiculture in that State shall give notice in writing to

the Minister and to the Nigerian Custom Service of its intention to import bees or

apicultural material, and the notice shall be accepted without payment of any fee and

operate so as to exclude that State from the requirement of a permit under this Act, so how‐

ever that upon importation pursuant to the notice so given, the Ministry so concerned as

aforesaid shall be deemed to have agreed with the Minister under this Act that section 1 (3) of this Act

shall apply to the subject matter of the importation.

3. Power for Minister to order forms, etc.

The Minister may by order prescribe the forms and fees in respect of application for

permits to import under this Act.

4. Regulations for control of spread of disease, etc., among bees

(1) Notwithstanding the provisions of any other enactment or law, the President may,

for the prevention of the spread of disease or parasitic state among bees and for providing

a measure of uniform control in the Federation, authorise the Ministry to make regulations

generally for the purposes of this Act, and effective throughout the Federation; and

without prejudice to the generality of the power hereby conferred, regulations may pro‐

vide‐

(a) for obtaining information as to or from any person who keeps bees, and relative to the occurrence of disease or parasitic state among bees;

(b) for the inspection of bees and apicultural material and the appointment of inspectors for such purpose;

(c) for prohibiting or restricting as far as is practicable, the movement within Nigeria of bees and apicultural material;

(d) for determining whether any bees or apicultural material are infected, or have

been exposed to infection, with any disease or parasitic state and for the

destruction or treatment of bees and apicultural material ascertained to be so

infected or to have been exposed to such infection;

(e) for prescribing fees necessary for the implementation of the regulations;

(f) for such incidental and supplementary matters as may be necessary or expedient

and different provisions may be made for different circumstances.

(2) Where the Minister thinks it necessary‐

(a) in the general interest of the Federal Republic of Nigeria, he may appoint an

advisory committee to advise him on proper methods for controlling apiaries;

(b) in the interest of a particular State, he may after consultation with the Ministry

concerned with apiculture request the Governor of that State to appoint an

advisory committee to advise the Governor on proper methods of controlling

apiaries in the State,

and the advisory committee in either event shall consist of such number of persons with

specialised knowledge of apiculture to assist the Minister or, as the case may be, the

Governor of the State as either of them as the appropriate authority, thinks necessary for

the purpose aforesaid, and the appropriate authority shall take account of recommendations

made by the relevant advisory committee.

(3) It is hereby declared that, without prejudice to the exercise by the Minister of the

power to make regulations conferred upon him by this section, the Governor of a State

may in and for his State, make regulations generally for purposes of and incidental to the

appointment of an advisory committee and of inspectors (whether members of that

committee or not), for defining their respective powers, duties, and functions, and other relevant

matter not in any event inconsistent with this Act, and if the Governor exercises the power hereby

conferred, confirmation by any other person or body of persons of that exercise shall be unnecessary;

and the powers of the Minister shall for the avoidance of doubt, be deemed to be delegated, and have

effect accordingly and to the like extent as if duly made by the Minister under this section.

(4) Where in exercise of the powers conferred upon him by subsection (3) of this

section an advisory committee is appointed in any State, the Governor may appoint the

members or as he thinks fit such number, of that committee to act as honorary inspectors,

additional to any paid inspectors appointed for the purposes of this Act, for the purposes

of providing necessary control and supervision of apiaries and, subject to any restrictions

imposed by the Governor on the exercise by an honorary inspector of his powers under

this subsection, that honorary inspector shall have all the powers of an inspector under

this Act.

(5) Regulations made for any of the purposes of this Act, or notices published relative

to the incidence of disease or parasitic state among bees may indicate the extent (if

any) to which account has been taken of recommendations made by an advisory

committee, but the fact that in any particular case reference thereto is omitted, shall not in‐

validate any regulations or notice so made or given.

(6) Regulations under this section may prescribe penalties for

contravention of provisions of the regulations, not exceeding as respects a

particular contravention, a fine of two hundred naira or imprisonment for a

term of six months, or to both.

(7) In the application of this section, disease or parasitic state known or suspected

among bees shall be notified from time to time by an advisory committee to the appropriate

authority referred to in subsection (2) of this section and thereafter published by that

authority in such manner as the administering authority thinks fit; so however that until

an advisory committee is set up in a State, the power hereby conferred on an advisory

committee shall be exercised by the director of the Federal Department of Agricultural

Research at Ibadan.

5. Offences

(1) Any person guilty of an offence under this Act shall be liable on conviction‐

(a) in the case of a first offence, to a fine or not less than forty naira or more than

one hundred naira; and

(b) in the case of a second or any subsequent offence, (whether or not of the same

class as the first offence), to a fine of not less than one hundred naira or more

than two hundred naira, or to imprisonment for a term of not more than six

months, or to both.

(2) Where a person is convicted of an offence pursuant to subsection (1) of this section,

the court, having regard to the circumstance of the case, may adjudge the bees or

any apicultural material to which the offence relates, to be forfeited or, if any such bees

or apicultural material have been destroyed, the court may declare that but for that

destruction, it would have adjudged the bees or the apicultural material to be forfeited.

(3) If on entry of any bees or apicultural material into Nigeria (but before clearance

by customs) any officer of the Nigerian Customs Service not below the rank of collector,

or if after such entry and clearance, any inspector under this Act has reasonable grounds

to believe that an offence under this Act is being or has been committed in relation to the

importation, such officer, or inspector may seize or detain the bees or apicultural material

with a view to refusing entry or, as the case may be, to the instituting of proceedings in

respect of the offence.

(4) Bees or apicultural material, so seized or detained pursuant to subsection (3) of

this section may be destroyed or treated by order or the board at the cost of the importer or as the case may require.

(5) The court may when convicting a person for an offence against this Act order the

destruction or treatment as it thinks fit of the bees or apicultural material.

6. Compensation

(1) Where a person suffers damage by reason of the detention, seizure or destruction

as the case may be, of any bees or apicultural material, at the time of importation, he

shall, unless the bees or apicultural material, have been or, but for the destruction would

have been forfeited in pursuance of this Act or any other enactment, be entitled to receive

in respect of the damage, compensation in such amount, not exceeding in any particular

importation the amount of fifty naira, as the Minister may authorise; and save as provided

by this or the next succeeding subsection, compensation or damages for detention, seizure,

destruction or treatment shall not otherwise be recoverable by action.

(2) Where a claim relates to the detention, seizure or destruction of bees or apicultural

material under subsection (1) of this section, the claimant shall be entitled if he so

desires, to have the question as to his interest in the bees or apicultural material, or the

amount of compensation, determined by the High Court most convenient of access to the

place where the detention, seizure or destruction was effected; and if compensation is

awarded the amount thereof not exceeding the limit specified in subsection (1) of this

section shall thereafter be paid to the person found entitled.

(3) In the application of this section, if treatment is directed it shall be carried out as

directed by the court and the cost thereof shall be borne by the owner.

7. Interpretation

(1) In this Act unless the context otherwise requires‐

“apicultural material” includes any implement, or comb, used in connection with

bees or beekeeping;

“bees” means honey‐bees in any stage of their life cycle;

“comb” means a honeycomb designed for, or prepared, or used in a hive;

“disease or parasitic state” in relation to bees, include any insect, virus or thing

whatsoever which is known or suspected as a source or as the carrier, as the case may be,

of a form of disease or infection to which bees are or may be liable, and in respect of

which immunity thereto has at the time of the infection not been built up by the bees

themselves, or immunity has not been developed by outside sources;

“hive” includes any artificial container for a swarm of bees;

“inspector” includes an honorary inspector and any superior police officer;

“Minister” means the Minister for Agriculture;

“State” means a State of the Federation.

(2) Nothing in this Act shall be construed as derogating from any provisions made by

or under any other enactment or law relating to the importation of commodities, so how‐

ever that on the coming into operation of section 1 of this Act, any form of prohibition on

the import of bees or apicultural material (however described in the prohibition) shall

cease to have effect.

8. Short title

This Act may be cited as the Bees (Import Control and Management) Act.

SUBSIDIARY LEGISLATION

List of Subsidiary Legislation

1. Import Control of Bees (Forms, etc.) Order.

IMPORT CONTROL OF BEES (FORMS ETC.) ORDER

[L.N. 45 of 1970.]

under section 3

[1st April, 1970]

[Commencement.]

1. Form of application, etc., for leave to import bees, etc.

(1) Every application under section I of the Act for a permit to import bees or

apicultural material into Nigeria, shall be in the Form No. 1 in the Schedule to this Order

and the application shall be accompanied by an undertaking by the applicant in the

Form No.2 in that Schedule.

(2) If the application is approved, the permit to import shall be in the Form No.3 in

the Schedule to this Order and have attached thereto one copy of the undertaking given

by an applicant.

(3) A permit to import in the prescribed form purporting to be duly signed on behalf

of the Minister by an officer of the Federal Ministry of Agriculture not below the rank of

principal personnel officer, shall when produced by or on behalf of the holder to an officer

of the Department of Customs and Excise, at the point of entry into Nigeria of the

bees or apicultural material to which it relates, be accepted as sufficient authority to import the bees or apicultural material referred to in the permit to import, without proof of

signature unless the contrary appears.

(4) A permit to import shall, for the avoidance of doubt, be required for each

consignment, whether of bees or of apicultural material.

2. Fees

The fee payable in respect of an application to import bees and apicultural material or

either shall be four naira.

3. Short title

This Order may be cited as the Import Control of Bees (Forms, etc.) Order.

SCHEDULE

FORM 1

[Section 1 (1).]

Form of Application for a Permit to Import Bees or Apicultural Material

To: The Minister of Agriculture ......................................................................................................

(1) Full names of applicant .....................................................................................................................

(2) Age ..........................................................................................................................................................

(3) Nationality ..............................................................................................................................................

(4) Address at which notice may be served ...............................................................................................

(5) State if experienced in bee‐keeping ‐ Yes/No .....................................................................................

(6) If the reply to (5) is “Yes” state how long have you been in beekeeping business .......................

(7) State with reasonable detail the purpose for which the bees are being imported..............................

......................................................................................................................................................................................

(8) Locality where the bees are to be kept .......................................................................................................

(9) State name and address of the person to be in charge of the bees ........................................................

.......................................................................................................................................................................................

*( 10) If apicultural material is to be imported state where it is to be located after import ...........................

I hereby certify this to be true statement of the particulars set forth.

.......................................................... .................................................

Date signature of applicant

(FOR OFFICIAL USE ONLY)

* Application approved/rejected.

.......................................................... ....................................

Date for Minister of Agriculture

NOTE.‐Apicultural material includes any implement or comb used in connection with bees or bee‐

keeping.

*Delete as appropriate.

FORM 2

[Section I (I ).1

*Form of Undertaking

(To be submitted in quadruplicate and accompany the application

for permit to import bees or apicultural material)

In consideration of the approval of my application for a permit to import bees or apicultural material or

both but not otherwise I............................................................................................................................................

(full name of person)

of ...................................................................................................................................................................(address)

hereby undertake as follows .................................................................................................................... .

(1) If the Minister of Agriculture so requires as to the bees and apicultural material intended to be

imported shall at my expense in all things subject them to quarantine as directed by the Federal

Department of Agricultural Research, Ibadan or, as the case may require, deliver them for

treatment as likewise so directed.

(2) That the hives for the bees will be located in a position on my premises approved by an

inspector duly authorised by the Director of the Federal Department of Agricultural Research,

Ibadan and nearest to my premises and to the best of my ability shall maintain the hives in

that location.

(3) That no unauthorised person shall have access to my apiary.

(4) At all material times shall endeavour to prevent swarming or the spread of pests or diseases

affecting bees and in all respects comply with the terms and conditions of the import permit.

............................................................. ....................................................

Date signature of applicant

*Only one of the four copies need be signed.

FORM 3

[Section 1 (2).]

*Form of Permit to Import Bees or Apicultural Material

Non‐transferable

This is to certify that ............................................................................................... ...................

(Name of person)

...............................................................................................................................................................

(Address)

is permitted to import into Nigeria‐

*(A) Bees at any stage of their life cycle, subject to the following conditions that is to say‐

(i) the bees shall be effectively immunised as far as is practicable and protected from

infection of disease and be properly packed; and

(ii) they shall be in approved containers, and the bees shall be dispatched to their

destination in a safe conveyance.

*(8) Apicultural material of the classes hereunder subject to the following conditions‐

....................................................................................................................................................................................

......................................................................................................................................................................................

(here state material permitted and conditions applicable)

Without prejudice to the terms of the undertaking given by the applicant under the Act, the following

conditions shall apply to this permit:

This permit expires on .............................................................................................20 .....................................

Fees paid..................................................................................................................................................................

.................................................... ..........................................................

Date for Minister of Agriculture

NOTE.‐ This permit may be withdrawn or suspended by the Minister at any time before effective

use is made of it and the withdrawal or suspension shall be indicated in such manner as he may

authorise or approve.

*To be prepared in quadruplicate and have attached a copy of the undertaking, the original signed

undertaking being returned by the Minister of Agriculture:

(1) Original to applicant.

(2) Duplicate to Collector of Customs and Excise.

(3) Triplicate to the Commissioner of Police, Lagos State.

(4) Quadruplicate to be retained by Minister of Agriculture