Costa Rica’s Constitutional Court is reviewing a legal challenge to Decree 45304-MINAE, which regulates the registration and operation of meliponaries, facilities where stingless bees are kept.
The challenge questions provisions that allow unrestricted commercial harvesting of honey, pollen and wax from only two of the 58 stingless bee species registered in the country.
Under the current regulation, commercial activities involving other native species require scientific research demonstrating that their use will not threaten their populations and complies with wildlife protection legislation.
Commercial Harvesting Limited to Two Bee Species
The decree permits the commercial harvesting of products from Tetragonisca angustula, known locally as mariola, and Scaptotrigona pectoralis, known as soncuano, without the additional scientific requirements imposed on other species.
Operators seeking to commercially use any of the remaining 56 species must provide evidence showing that the activity will not endanger the populations concerned.
The plaintiff argues that these requirements create unjustified restrictions on trade and employment.
The legal challenge also raises concerns that concentrating commercial demand on two species could threaten genetic diversity and interfere with pollination processes that depend on other varieties of native stingless bees.
Lawsuit Questions Limits on Hives and Bee Traps
The case also challenges restrictions on the number of hives and traps permitted at individual meliponaries.
Under the existing rules, commercial operations may keep a maximum of 30 hives, while non-commercial facilities are limited to five. Bee traps are capped at 10 devices per site.
The plaintiff argues that the limits lack a scientific or statistical basis and should instead reflect the biological characteristics of each bee species and the ecological conditions of the region where the colonies are kept.
Wildlife Protection Rules Raise Concerns Over Potential Fines
Another issue concerns the application of sanctions under Costa Rica’s Wildlife Protection Law.
Because stingless bees are not kept in strict confinement, operators could face fines if other insect species appear near their hives, according to the legal challenge.
The lawsuit contests the application of these provisions to meliponaries, arguing that the conditions under which bees are kept can result in other insects appearing around the colonies.
Buffer Zones Required Near Pesticide-Using Farms
The challenge also targets mandatory separation distances between meliponaries and agricultural monocultures where pesticides are used.
Current requirements establish buffer zones ranging from 500 metres for smaller bee species to four kilometres for larger species when pesticides are applied through aerial spraying.
The plaintiff has questioned the rules as part of the broader challenge to the decree governing the management and commercial use of stingless bees.
Authorities Given 15 Days to Respond to Court
Costa Rica’s Constitutional Court has given the Attorney General’s Office, the Presidency and the Ministry of Environment and Energy 15 days to respond to the challenge.
The decree remains in force while the case is being considered.
Owners of meliponaries must register their operations under the existing rules by November 2026.
