Amends, repeals, and adds to existing law to revise provisions regarding the Idaho Honey Commission.

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 826 BY WAYS AND MEANS COMMITTEE AN ACT1 RELATING TO THE HONEY INDUSTRY; AMENDING SECTION 22-2803, IDAHO CODE, TO2 DEFINE A TERM, TO REVISE A DEFINITION, AND TO MAKE A TECHNICAL CORREC-3 TION; AMENDING SECTION 22-2804, IDAHO CODE, TO REVISE TERMINOLOGY, TO4 REMOVE A PROVISION REGARDING COMMISSION TERMS, AND TO MAKE A TECHNICAL5 CORRECTION; AMENDING SECTION 22-2807, IDAHO CODE, TO REMOVE A PROVI-6 SION REGARDING RULES; REPEALING SECTION 22-2808, IDAHO CODE, RELATING7 TO RULES, STANDARDS, AND DEFINITIONS; AMENDING SECTION 22-2809, IDAHO8 CODE, TO REMOVE A DATE REFERENCE, TO REVISE TERMINOLOGY, AND TO REMOVE A9 REFERENCE; AMENDING SECTION 22-2810, IDAHO CODE, TO REMOVE PROVISIONS10 REGARDING RULES, TO PROVIDE FOR THE UNITED STATES STANDARDS FOR GRADES11 OF EXTRACTED HONEY, TO PROVIDE FOR AUTHORITY OF THE DIRECTOR, AND TO12 CORRECT A CODE REFERENCE; REPEALING SECTION 22-2811, IDAHO CODE, RELAT-13 ING TO PENALTIES FOR VIOLATIONS; AMENDING CHAPTER 28, TITLE 22, IDAHO14 CODE, BY THE ADDITION OF A NEW SECTION 22-2811, IDAHO CODE, TO ESTAB-15 LISH PROVISIONS REGARDING PENALTIES FOR VIOLATIONS; AMENDING SECTION16 22-2812, IDAHO CODE, TO REMOVE PROVISIONS REGARDING RULES; AMENDING17 SECTION 22-2813, IDAHO CODE, TO REVISE TERMINOLOGY AND TO MAKE A TECHNI-18 CAL CORRECTION; REPEALING SECTION 22-2815, IDAHO CODE, RELATING TO THE19 PUBLICATION OF REGISTERED BEEKEEPERS; PROVIDING THAT CERTAIN ADMINIS-20 TRATIVE RULES CONTAINED IN IDAPA 02.06.16 SHALL BE NULL, VOID, AND OF NO21 FORCE AND EFFECT; AND DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE22 DATE.23

Be It Enacted by the Legislature of the State of Idaho:24

SECTION 1. That Section 22-2803, Idaho Code, be, and the same is hereby25 amended to read as follows:26 22-2803. DEFINITIONS. Whenever used or referred to in this chapter,27 unless a different meaning clearly appears from the context:28 (1) "Commission" means the Idaho honey commission.29 (2) "Department" means the Idaho state department of agriculture.30 (3) "Director" means the director of the department or the director's31 designated representative.32 (2) (4) "Honey producer" or "beekeeper" means a person, firm or corpo-33 ration engaged in the art of raising, harboring, keeping or breeding domes-34 ticated honey bees either for the purpose of gathering honey or the produc-35 tion of queens and/or packaged bees.36 (3) (5) "Honey by-products" means items using honey as a base such as37 creamed honey, whipped honey, or the like.38 (4) (6) "Packer" means any honey producer or beekeeper or person who39 processes and packs honey for commercial retail sales.40 (5) (7) "Person" includes an individual, partnership, corporation,41 firm, association and agent.42

2 (6) "Director" means the director of the Idaho state department of1 agriculture or his designated representative.2 (7) (8) "Official sample" means a sample of honey taken by the director3 or an authorized agent in accordance with the provisions of section 22-2810,4 Idaho Code.5

SECTION 2. That Section 22-2804, Idaho Code, be, and the same is hereby6 amended to read as follows:7 22-2804. COMMISSION -- MEMBERS -- QUALIFICATIONS -- APPOINTMENT --8 COMPENSATION. (1) There is hereby created and established in the department9 of agriculture the Idaho honey commission to be known and designated as such,10 and shall be composed of the director of the department and three (3) members11 who shall be honey producers or beekeepers.12 (2) Each member shall be a resident citizen of the state of Idaho for a13 period of five (5) years prior to his appointment, shall be a commercial bee-14 keeper as defined in section 22-2502, Idaho Code, actively engaged in honey15 production, registered as a beekeeper with the Idaho department of agricul-16 ture, and deriving a substantial portion of his income from honey produc-17 tion, or be the directing or managing head of a corporation, firm, partner-18 ship or other business unit that derives a substantial portion of its income19 from honey production. To continue as a member of the commission each member20 must remain qualified pursuant to the provisions of this section.21 (3) The executive committee of the Idaho honey industry association may22 request the removal of a commissioner, with or without cause, by a majority23 vote. Upon receipt of such a request, the governor may immediately withdraw24 the commissioner's appointment.25 (4) The Idaho honey industry association shall meet for the purpose of26 nominating members of the commission. The board of directors shall review27 the names of active beekeepers in Idaho that meet the qualifications as pro-28 vided in this section. By June 1 of each year, the names of two (2) honey pro-29 ducers or beekeepers nominated by the association for each vacancy occurring30 on the commission shall be submitted to the governor for his consideration.31 From such list of nominees, the governor shall designate and appoint one (1)32 member for each vacancy on the commission.33 (5) Members shall serve for a term of three (3) years. Terms shall34 expire on the last day of June of the year in which the term for which the35 members member was appointed terminates. Provided however, each member36 shall serve until his respective successor is appointed and qualified. Ap-37 pointments to fill vacancies shall be for the balance of the unexpired term.38 On and after the effective date of this act, terms that are currently vacant39 or held by the commission members shall expire and be filled on the following40 schedule: one (1) member term shall expire on June 30, 2015; one (1) member41 term shall expire on June 30, 2016; and one (1) member term shall expire on42 June 30, 2017.43 (6) Commission members shall elect a chairman. The chairman may del-44 egate the function of the Idaho honey commission to an administrator whose45 function will be subject to the approval of the Idaho honey commission.46 (7) A majority of the members of the commission shall constitute a quo-47 rum for the transaction of all business and the carrying out of the duties of48 the commission. Before entering on the discharge of their duties as members49

3 of the commission, each member shall take and subscribe to the oath of office1 prescribed by law.2 (8) Each member of the commission shall be compensated as provided by3 section 59-509(n), Idaho Code. The commission shall meet regularly once4 each fiscal year at a date established by said commission in its designated5 business office, and it shall fix the time and place of special meetings as6 may be deemed necessary by the chairman of the commission.7

SECTION 3. That Section 22-2807, Idaho Code, be, and the same is hereby8 amended to read as follows:9 22-2807. DUTIES. The commission shall set honey quality, identity and10 labeling standards by rule, plan and conduct a campaign for honey and honey11 by-product advertising, publicity, merchandising, sales promotion and re-12 search, including bee research, and public education of beekeeping and honey13 production, by contracting with a service of the hereinabove mentioned, or14 jointly with any university or other state agency or states of the United15 States and its territories, or individually.16

SECTION 4. That Section 22-2808, Idaho Code, be, and the same is hereby17 repealed.18

SECTION 5. That Section 22-2809, Idaho Code, be, and the same is hereby19 amended to read as follows:20 22-2809. LEVY AND COLLECTION OF TAXES -- CHANGE OF TAX BY REFERENDUM21 -- VIOLATIONS -- PENALTY. (1) There is hereby levied and imposed upon each22 colony or hive of bees within the state of Idaho on July 1 of each year a con-23 tinuing annual tax of five cents (5¢) per hive or colony of bees beginning in24 the year 1970 for the purpose of carrying out the provisions of this chapter.25 Hobbyist beekeepers, as defined in chapter 25, title 22, Idaho Code, are ex-26 empt from taxation under this section. Provided however, that any hobbyist27 beekeeper who desires to support the efforts of the commission, as set forth28 in section 22-2807, Idaho Code, and desires to be included in registration29 lists distributed as authorized under section 22-2815, Idaho Code, may reg-30 ister with the commission for that purpose by remitting an annual registra-31 tion fee of ten dollars ($10.00).32 (2) The tax may be decreased to not less than three cents (3¢) per hive33 or colony per year or it may be increased to not more than ten cents (10¢) per34 hive or colony per year, if approved by a majority of the beekeepers voting in35 a referendum held for the purpose of determining whether such levy of the tax36 shall or shall not be changed. If the levy of the tax is changed, the levy of37 the tax will continue annually at the changed rate until again changed by an-38 other referendum. Any resident of Idaho who is a registered Idaho beekeeper39 with the department of agriculture, and is not exempt from taxation as pro-40 vided in subsection (1) of this section, may vote at such referendum. Any41 referendum held for the purpose of changing the levy of such tax shall be held42 at the annual meeting of the Idaho honey industry association or any succes-43 sor organization to this group.44 (3) Notice of the tax provided for in this section shall be mailed no45 later than June 1 and the tax shall be due and payable on or before July 1 of46

4 each year, and it shall be collected by the Idaho department of agriculture1 and shall forthwith be paid over by the Idaho department of agriculture to2 the Idaho honey fund.3 (4) Said tax shall be a lien upon all apicultural products, equipment,4 bees and property of the person owning or controlling such bees and shall5 be prior to all other liens or encumbrances except liens which are declared6 prior by operation of the statutes of this state.7 (5) Hives brought into the state for indoor winter storage prior to mov-8 ing to another state for pollination or honey production are exempt from pay-9 ing fees and taxes as provided for in this section. Provided however, reg-10 istration shall be required and a minimum of the following information shall11 be supplied: location of the storage, approximate dates the hive or hives12 will be brought into and leave the state, name, address and telephone num-13 ber of the owner of the bees, and name, address and telephone number of an14 in-state contact who will have knowledge of the hive or hives being stored in15 the state.16

SECTION 6. That Section 22-2810, Idaho Code, be, and the same is hereby17 amended to read as follows:18 22-2810. SAMPLING AND ANALYSIS. (1) For the purpose of enforcement of19 this chapter, and in order to determine whether its provisions have been com-20 plied with, including whether or not any operations may be subject to such21 provisions, officers or employees duly designated by the director or com-22 mission upon presenting appropriate credentials, to the owner, operator, or23 agent in charge, are authorized upon written complaint:24 (a) To enter, during normal business hours, any factory, warehouse, or25 establishment within the state in which honey is processed, packed, or26 held for distribution for retail sales, or to enter any vehicle being27 used to transport or hold such honey, and sample such honey that is pack-28 aged and labeled for retail sale.29 (b) To inspect at reasonable times and within reasonable limits and in30 a reasonable manner, such factory, warehouse, establishment or vehicle31 and all pertinent equipment, finished and unfinished materials, con-32 tainers, and labeling therein, related to retail sales. The inspection33 may include the verification of only such records, and production and34 control procedures as may be necessary to determine compliance with the35 good manufacturing practice rules established under the provisions of36 this chapter United States standards for grades of extracted honey.37 Each inspection shall be commenced and completed with reasonable38 promptness. Upon completion of the inspection, the person in charge of39 the facility or vehicle shall be so notified.40 (2) Sampling and analysis shall be conducted in accordance with methods41 prescribed in rules, or in accordance with other generally recognized meth-42 ods the United States standards for grades of extracted honey.43 (3) The director or commission, in determining for administrative pur-44 poses whether a honey is adulterated, shall be guided by the official sample45 as defined in subsection (7) of section 22-2803, Idaho Code, and obtained and46 analyzed as provided for in this section.47 (4) If the owner of any factory, warehouse, or establishment described48 in subsection (1) of this section, or authorized agent, refuses to admit the49

5 director, commission or an authorized agent to inspect in accordance with1 subsections (1) and (5) of this section, the director or commission is autho-2 rized to obtain from any state court of competent jurisdiction a warrant di-3 recting such owner or agent to submit the premises described in such warrant4 to inspection.5 (5) For the enforcement of this chapter, the director, commission or6 a duly authorized agent is authorized to enter upon any public or private7 premises including any vehicle of transport during regular business hours8 to have access to, and to obtain samples, and to examine and make copies of9 records relating to distribution of honey packaged and labeled for retail10 sale to the public.11 (6) The results of all analyses of official samples shall be forwarded12 by the director or commission to the packer and to the purchaser or retailer.13 When the inspection and analysis of an official sample indicate the honey has14 been adulterated or mislabeled, and upon request by the packer or purchaser15 or retailer within thirty (30) days following the receipt of the analysis,16 the director or commission shall furnish to the packer or purchaser or re-17 tailer a portion of the sample concerned.18

SECTION 7. That Section 22-2811, Idaho Code, be, and the same is hereby19 repealed.20

SECTION 8. That Chapter 28, Title 22, Idaho Code, be, and the same is21 hereby amended by the addition thereto of a NEW SECTION, to be known and des-22 ignated as Section 22-2811, Idaho Code, and to read as follows:23 22-2811. PENALTIES FOR VIOLATIONS. (1) Any person that violates or24 fails to comply with any of the provisions of this chapter may be assessed25 a civil penalty by the department or its duly authorized agent of no more26 than ten thousand dollars ($10,000) for each offense and shall be liable for27 reasonable attorney's fees.28 (2) Assessment of a civil penalty may be made in conjunction with any29 other department administrative action.30 (3) No civil penalty may be assessed unless the person charged was given31 notice and opportunity for a hearing pursuant to the Idaho administrative32 procedure act.33 (4) If the department is unable to collect such penalty or if any person34 fails to pay all or a set portion of the civil penalty as determined by the35 department, it may recover such amount by action in the appropriate district36 court.37 (5) Any person against which the department has assessed a civil38 penalty under the provisions of this section may, within thirty (30) days of39 the final action by the agency making the assessment, appeal the assessment40 to the district court of the county in which the violation is alleged by the41 department to have occurred.42 (6) All civil penalties collected pursuant to this section shall be re-43 mitted to the department.44

SECTION 9. That Section 22-2812, Idaho Code, be, and the same is hereby45 amended to read as follows:46

6 22-2812. "STOP SALE, USE, OR REMOVAL" ORDERS. (1) In the event the1 department finds that honey is being offered for sale in violation of this2 chapter or rules promulgated under this chapter, the department may issue3 and enforce a written or printed "stop sale, use, or removal" order to the4 distributor, owner or custodian of the honey and hold the honey, or order it5 held, at a designated place until the law has been complied with and the honey6 is released in writing by the department, or the violation has been otherwise7 legally disposed of by written authority. Unless the department grants a8 written extension, the owner or custodian of any honey that has been issued a9 "stop sale, use, or removal" order shall remedy the violation within thirty10 (30) days. The department shall release the honey so withdrawn when the re-11 quirements of this chapter have been complied with and all costs and expenses12 incurred in connection with the withdrawal have been paid.13 (2) Any lot of honey not in compliance with the provisions of this chap-14 ter, or rules promulgated under this chapter, shall be subject to seizure on15 complaint of the commission to a court of competent jurisdiction in the area16 in which said honey is located. In the event the court finds the said honey17 to be in violation of the provisions of this chapter and orders the condemna-18 tion of said honey, it shall be disposed of in any manner consistent with the19 quality of the honey and the laws of the state. Provided however, that in no20 instance shall the disposition of said honey be ordered by the court without21 first giving the claimant an opportunity to apply to the court for release of22 said honey or for permission to process or relabel said honey to bring it into23 compliance with the provisions of this chapter.24

SECTION 10. That Section 22-2813, Idaho Code, be, and the same is hereby25 amended to read as follows:26 22-2813. PAYMENT OF EXPENSES AND COSTS. All expenses and costs in-27 curred in the administration of this chapter shall be paid out of the Idaho28 honey fund. The commission shall keep an accurate record of all costs and29 expenditures and will report the same by publication on October 1st 1 of each30 year. All expenses and costs incurred and contracted for by the commission31 in performing its duties under this chapter shall be paid out of such Idaho32 honey fund in the following manner: vouchers shall be approved and submitted33 by the commission chairman to the director or his designated representative34 of the Idaho state department of agriculture for approval and subsequent35 issuance of a warrant by the state controller.36

SECTION 11. That Section 22-2815, Idaho Code, be, and the same is hereby37 repealed.38

SECTION 12. The rules contained in IDAPA 02.06.16, Department of39 Agriculture, relating to Idaho Honey Commission, Rules Governing Honey40 Standards, shall be null, void, and of no force and effect on and after July41 1, 2026.42

SECTION 13. An emergency existing therefor, which emergency is hereby43 declared to exist, this act shall be in full force and effect on and after44 July 1, 2026.45