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 ACT	1
RELATING TO THE HONEY INDUSTRY; AMENDING SECTION 22-2803, IDAHO CODE, TO	2
DEFINE A TERM, TO REVISE A DEFINITION, AND TO MAKE A TECHNICAL CORREC-	3
TION; AMENDING SECTION 22-2804, IDAHO CODE, TO REVISE TERMINOLOGY, TO	4
REMOVE A PROVISION REGARDING COMMISSION TERMS, AND TO MAKE A TECHNICAL	5
CORRECTION; AMENDING SECTION 22-2807, IDAHO CODE, TO REMOVE A PROVI-	6
SION REGARDING RULES; REPEALING SECTION 22-2808, IDAHO CODE, RELATING	7
TO RULES, STANDARDS, AND DEFINITIONS; AMENDING SECTION 22-2809, IDAHO	8
CODE, TO REMOVE A DATE REFERENCE, TO REVISE TERMINOLOGY, AND TO REMOVE A	9
REFERENCE; AMENDING SECTION 22-2810, IDAHO CODE, TO REMOVE PROVISIONS	10
REGARDING RULES, TO PROVIDE FOR THE UNITED STATES STANDARDS FOR GRADES	11
OF EXTRACTED HONEY, TO PROVIDE FOR AUTHORITY OF THE DIRECTOR, AND TO	12
CORRECT A CODE REFERENCE; REPEALING SECTION 22-2811, IDAHO CODE, RELAT-	13
ING TO PENALTIES FOR VIOLATIONS; AMENDING CHAPTER 28, TITLE 22, IDAHO	14
CODE, BY THE ADDITION OF A NEW SECTION 22-2811, IDAHO CODE, TO ESTAB-	15
LISH PROVISIONS REGARDING PENALTIES FOR VIOLATIONS; AMENDING SECTION	16
22-2812, IDAHO CODE, TO REMOVE PROVISIONS REGARDING RULES; AMENDING	17
SECTION 22-2813, IDAHO CODE, TO REVISE TERMINOLOGY AND TO MAKE A TECHNI-	18
CAL CORRECTION; REPEALING SECTION 22-2815, IDAHO CODE, RELATING TO THE	19
PUBLICATION OF REGISTERED BEEKEEPERS; PROVIDING THAT CERTAIN ADMINIS-	20
TRATIVE RULES CONTAINED IN IDAPA 02.06.16 SHALL BE NULL, VOID, AND OF NO	21
FORCE AND EFFECT; AND DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE	22
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 hereby	25
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's	31
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 as	37
creamed honey, whipped honey, or the like.	38
(4) (6) "Packer" means any honey producer or beekeeper or person who	39
processes and packs honey for commercial retail sales.	40
(5) (7) "Person" includes an individual, partnership, corporation,	41
firm, association and agent.	42

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2
(6) "Director" means the director of the Idaho state department of	1
agriculture or his designated representative.	2
(7) (8) "Official sample" means a sample of honey taken by the director	3
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 hereby	6
amended to read as follows:	7
22-2804. COMMISSION -- MEMBERS -- QUALIFICATIONS -- APPOINTMENT --	8
COMPENSATION. (1) There is hereby created and established in the department	9
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) members	11
who shall be honey producers or beekeepers.	12
(2) Each member shall be a resident citizen of the state of Idaho for a	13
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 honey	15
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 income	19
from honey production. To continue as a member of the commission each member	20
must remain qualified pursuant to the provisions of this section.	21
(3) The executive committee of the Idaho honey industry association may	22
request the removal of a commissioner, with or without cause, by a majority	23
vote. Upon receipt of such a request, the governor may immediately withdraw	24
the commissioner's appointment.	25
(4) The Idaho honey industry association shall meet for the purpose of	26
nominating members of the commission. The board of directors shall review	27
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 occurring	30
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 shall	34
expire on the last day of June of the year in which the term for which the	35
members member was appointed terminates. Provided however, each member	36
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 vacant	39
or held by the commission members shall expire and be filled on the following	40
schedule: one (1) member term shall expire on June 30, 2015; one (1) member	41
term shall expire on June 30, 2016; and one (1) member term shall expire on	42
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 whose	45
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 of	48
the commission. Before entering on the discharge of their duties as members	49

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of the commission, each member shall take and subscribe to the oath of office	1
prescribed by law.	2
(8) Each member of the commission shall be compensated as provided by	3
section 59-509(n), Idaho Code. The commission shall meet regularly once	4
each fiscal year at a date established by said commission in its designated	5
business office, and it shall fix the time and place of special meetings as	6
may be deemed necessary by the chairman of the commission.	7
SECTION 3. That Section 22-2807, Idaho Code, be, and the same is hereby	8
amended to read as follows:	9
22-2807. DUTIES. The commission shall set honey quality, identity and	10
labeling standards by rule, plan and conduct a campaign for honey and honey	11
by-product advertising, publicity, merchandising, sales promotion and re-	12
search, including bee research, and public education of beekeeping and honey	13
production, by contracting with a service of the hereinabove mentioned, or	14
jointly with any university or other state agency or states of the United	15
States and its territories, or individually.	16
SECTION 4. That Section 22-2808, Idaho Code, be, and the same is hereby	17
repealed.	18
SECTION 5. That Section 22-2809, Idaho Code, be, and the same is hereby	19
amended to read as follows:	20
22-2809. LEVY AND COLLECTION OF TAXES -- CHANGE OF TAX BY REFERENDUM	21
-- VIOLATIONS -- PENALTY. (1) There is hereby levied and imposed upon each	22
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 in	24
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 hobbyist	27
beekeeper who desires to support the efforts of the commission, as set forth	28
in section 22-2807, Idaho Code, and desires to be included in registration	29
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 hive	33
or colony per year or it may be increased to not more than ten cents (10¢) per	34
hive or colony per year, if approved by a majority of the beekeepers voting in	35
a referendum held for the purpose of determining whether such levy of the tax	36
shall or shall not be changed. If the levy of the tax is changed, the levy of	37
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 beekeeper	39
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. Any	41
referendum held for the purpose of changing the levy of such tax shall be held	42
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 no	45
later than June 1 and the tax shall be due and payable on or before July 1 of	46

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each year, and it shall be collected by the Idaho department of agriculture	1
and shall forthwith be paid over by the Idaho department of agriculture to	2
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 shall	5
be prior to all other liens or encumbrances except liens which are declared	6
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 shall	11
be supplied: location of the storage, approximate dates the hive or hives	12
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 an	14
in-state contact who will have knowledge of the hive or hives being stored in	15
the state.	16
SECTION 6. That Section 22-2810, Idaho Code, be, and the same is hereby	17
amended to read as follows:	18
22-2810. SAMPLING AND ANALYSIS. (1) For the purpose of enforcement of	19
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 such	21
provisions, officers or employees duly designated by the director or com-	22
mission upon presenting appropriate credentials, to the owner, operator, or	23
agent in charge, are authorized upon written complaint:	24
(a) To enter, during normal business hours, any factory, warehouse, or	25
establishment within the state in which honey is processed, packed, or	26
held for distribution for retail sales, or to enter any vehicle being	27
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 in	30
a reasonable manner, such factory, warehouse, establishment or vehicle	31
and all pertinent equipment, finished and unfinished materials, con-	32
tainers, and labeling therein, related to retail sales. The inspection	33
may include the verification of only such records, and production and	34
control procedures as may be necessary to determine compliance with the	35
good manufacturing practice rules established under the provisions of	36
this chapter United States standards for grades of extracted honey.	37
Each inspection shall be commenced and completed with reasonable	38
promptness. Upon completion of the inspection, the person in charge of	39
the facility or vehicle shall be so notified.	40
(2) Sampling and analysis shall be conducted in accordance with methods	41
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 sample	45
as defined in subsection (7) of section 22-2803, Idaho Code, and obtained and	46
analyzed as provided for in this section.	47
(4) If the owner of any factory, warehouse, or establishment described	48
in subsection (1) of this section, or authorized agent, refuses to admit the	49

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director, commission or an authorized agent to inspect in accordance with	1
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 warrant	4
to inspection.	5
(5) For the enforcement of this chapter, the director, commission or	6
a duly authorized agent is authorized to enter upon any public or private	7
premises including any vehicle of transport during regular business hours	8
to have access to, and to obtain samples, and to examine and make copies of	9
records relating to distribution of honey packaged and labeled for retail	10
sale to the public.	11
(6) The results of all analyses of official samples shall be forwarded	12
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 has	14
been adulterated or mislabeled, and upon request by the packer or purchaser	15
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 hereby	19
repealed.	20
SECTION 8. That Chapter 28, Title 22, Idaho Code, be, and the same is	21
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 or	24
fails to comply with any of the provisions of this chapter may be assessed	25
a civil penalty by the department or its duly authorized agent of no more	26
than ten thousand dollars ($10,000) for each offense and shall be liable for	27
reasonable attorney's fees.	28
(2) Assessment of a civil penalty may be made in conjunction with any	29
other department administrative action.	30
(3) No civil penalty may be assessed unless the person charged was given	31
notice and opportunity for a hearing pursuant to the Idaho administrative	32
procedure act.	33
(4) If the department is unable to collect such penalty or if any person	34
fails to pay all or a set portion of the civil penalty as determined by the	35
department, it may recover such amount by action in the appropriate district	36
court.	37
(5) Any person against which the department has assessed a civil	38
penalty under the provisions of this section may, within thirty (30) days of	39
the final action by the agency making the assessment, appeal the assessment	40
to the district court of the county in which the violation is alleged by the	41
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 hereby	45
amended to read as follows:	46

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22-2812. "STOP SALE, USE, OR REMOVAL" ORDERS. (1) In the event the	1
department finds that honey is being offered for sale in violation of this	2
chapter or rules promulgated under this chapter, the department may issue	3
and enforce a written or printed "stop sale, use, or removal" order to the	4
distributor, owner or custodian of the honey and hold the honey, or order it	5
held, at a designated place until the law has been complied with and the honey	6
is released in writing by the department, or the violation has been otherwise	7
legally disposed of by written authority. Unless the department grants a	8
written extension, the owner or custodian of any honey that has been issued a	9
"stop sale, use, or removal" order shall remedy the violation within thirty	10
(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 expenses	12
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 on	15
complaint of the commission to a court of competent jurisdiction in the area	16
in which said honey is located. In the event the court finds the said honey	17
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 the	19
quality of the honey and the laws of the state. Provided however, that in no	20
instance shall the disposition of said honey be ordered by the court without	21
first giving the claimant an opportunity to apply to the court for release of	22
said honey or for permission to process or relabel said honey to bring it into	23
compliance with the provisions of this chapter.	24
SECTION 10. That Section 22-2813, Idaho Code, be, and the same is hereby	25
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 Idaho	28
honey fund. The commission shall keep an accurate record of all costs and	29
expenditures and will report the same by publication on October 1st 1 of each	30
year. All expenses and costs incurred and contracted for by the commission	31
in performing its duties under this chapter shall be paid out of such Idaho	32
honey fund in the following manner: vouchers shall be approved and submitted	33
by the commission chairman to the director or his designated representative	34
of the Idaho state department of agriculture for approval and subsequent	35
issuance of a warrant by the state controller.	36
SECTION 11. That Section 22-2815, Idaho Code, be, and the same is hereby	37
repealed.	38
SECTION 12. The rules contained in IDAPA 02.06.16, Department of	39
Agriculture, relating to Idaho Honey Commission, Rules Governing Honey	40
Standards, shall be null, void, and of no force and effect on and after July	41
1, 2026.	42
SECTION 13. An emergency existing therefor, which emergency is hereby	43
declared to exist, this act shall be in full force and effect on and after	44
July 1, 2026.	45

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