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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
1
1
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
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
1
1
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
3
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
1
1
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
4
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
1
1
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
5
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.
1
1
(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
6
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
-
1
1
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