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Recently had an issue with a honeybee hive and a beekeeper said to me "It's illegal to kill honeybees". Not completely believing this at face value, I did a little digging.

My research seems to show that honeybees are protected against certain types of pesticide use. To me, the laws surrounding the bees seem primarily directed at farms/orchards and more "commercial" methods of eliminating bee populations, not private individuals. I am aware that I may be incorrect in that interpretation.

If an individual private home owner were to spray a honeybee hive, clearly on their property, with an EPA approved, over-the-counter, general, pesticide - one not specifically engineered for bee killing - what legal ramifications might there be, if any?

Scott
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3 Answers3

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I believe you are correct. It doesn't seem illegal for a private individual to use a bee pesticide (following label instructions) to remove a beehive from property that you own. There are federal laws regarding the commercial use of pesticides which are regulated under the EPA (not the FDA). People are encouraged to report bees being killed to the EPA from commercial operations.

However, if you do have a problem with a honey bee nest on your property I would highly recommend that you contact the local beekeepers association first. Usually they can have somebody out the same day to remove and relocate the nest. Removing and relocating bees is actually not that hard (for a trained individual). Honey bees don't pose a risk unless somebody is allergic, and they are not aggressive.

My neighbor usually has four or five hives on his property, and we see the bees all the time. My kids enjoy watching them climb into flowers or buzz around the garden. They really are a natural resource that should at least be attempted to be preserved if at all possible.

Ron Beyer
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I had a neighbor who was a licensed exterminator. We had bees move into our eaves and was talking to him about choices. He said a licensed exterminator isn't allowed to kill them but has to move them. A homeowner though can do anything they want.

Micah Montoya
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Certified applicator here.

You can use pesticides labeled for killing bees. But that's all.

It is illegal to use pesticides contrary to their labeling.

Stop stop stop. Before you arch your back, go over and read this bountied, well-voted Skeptics answer from a 116k rated mod.

This type of labeling is present on every pesticide in Home Depot, Lowes, Farmer Exchange, or direct from Monstanto.

enter image description here Spectricide item pdf

Aside from Federal law and regs and state law, the label itself is a third body of law which you must follow.

Keep in mind, a legal mandate to obey product labeling and instructions is nothing new or unusual. If you install a proper UL-listed smart switch, you interact with a network of laws: State law invokes NEC 2017 as law. NEC 2017 says products must be approved by the AHJ; AHJs defer to UL (and other NRTLs). NEC also says it must be installed consistent with labeling, because those are the conditions in which UL tested and approved the device.

Note the "conditions in which tested" factor; that'll be a reason for what happens next.

The label allows, not forbids.

Take the example product above. The instructions plainly state that the product is listed for use with Wasps, Hornets, Yellow Jackets. They also list "other pests" which they enumerate as "Tent Caterpillars, Scorpions and Ants". Honeybees are not on the label.

Is this a permissive label? Everything not forbidden is allowed? Let's logick that out.

Uh oh: There is no "forbidden list". But notice each authorized pest has specific instructions on exactly how to attack that particular pest. There are no instructions on attacking spiders, for instance.

Now look at this certified-only herbicide, top of page 1: "For control of undesirable vegetation growing within specified aquatic sites, forestry sites, pasture/rangeland, and nonagricultural lands" - an example of being very un-specific, because in fact that is appropriate for that chemical (noting those weasel-words which call out more detail in the instructions). That tells you, Labels are as broad as possible. When they're specific, it's for a reason.

All of this makes it pretty clear that "inconsistent with its labeling" means any use not enumerated by the instructions/labeling.

Of course, as others are saying, honeybees are our friends. Actually, there's a serious crisis with pollinators, which are essential to our food supply. So you don't kill them, you get people to take them away and get them better work :)

Laws

Federal

FIFRA 7 USC 136j (a) (2) It shall be unlawful for any person --
(G) to use any registered pesticide in a manner inconsistent with its labeling

7 USC 136.
(s) Person
The term “person” means any individual, partnership, association, corporation, or any organized group of persons whether incorporated or not.

40 CFR 170.9 Violations of this part.
(a) Under the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.) (FIFRA) section 12(a)(2)(G) it is unlawful for any person “to use any registered pesticide in a manner inconsistent with its labeling.” When this part is referenced on a label, users must comply with all of its requirements except those that are inconsistent with product-specific instructions on the labeling.
(b) A person who has a duty under this part, as referenced on the pesticide product label, and who fails to perform that duty, violates FIFRA section 12(a)(2)(G) and is subject to a civil penalty under section 14. A person who knowingly violates section 12(a)(2)(G) is subject to section 14 criminal sanctions..

That misconstrued exception

Now let's talk about an exception that people are trying to turn into more than it is. Let's imagine you're spraying your lawn with 2,4-D to suppress dandelions. Fair enough. Some eco-nut sees you spraying it, and sees a mole track in your yard. And reports you for using 2,4-D on moles, which is obviously not legal.

Now let's look at that exception. "except the term shall not inclde applying a pesticide against any target pest (the moles) not specified on the labeling (of 2,4-D) if the application is to the crop (lawn), animal, or site specified on the labeling (of the 2,4-D).

It is only, and precisely, about collateral damage to species you weren't trying to affect. However this only works if you are using the pesticide lawfully to treat something else.

It is a violation of Federal law to use a pesticide in a manner inconsistent with its labeling. And that's all there is to it!

More labels

enter image description here Real Kill item pdf

enter image description here random-ass pre-diluted spray bottle of consumer 2,4-D (which never harmed a fly) item pdf

enter image description here Unregulated farmer-grade, full-strength 2,4-D which would only harm a fly because it's a strong acid at this concentration. item pdf

enter image description here Aresenal herbicide: you need a cert to buy pdf

Notice how, even though we're into the hard stuff at this point, the label wording has not changed at all.

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