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Committee advances bill requiring physical in-state presence for some brewers

2821810 · February 25, 2025
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Summary

Representative Vito Barbieri presented House Bill 276 to create parity between in-state and out-of-state brewers by requiring a physical warehouse or brewery presence in Idaho for certain distribution privileges; the committee voted to send the bill to the House floor with a due-pass recommendation.

The House State Affairs Committee voted to send House Bill 276 to the full House with a due-pass recommendation after Representative Vito Barbieri described the bill as a response to legal challenges from out-of-state brewers alleging unequal treatment.

Representative Vito Barbieri said HB 276 would treat small brewers — defined in the bill as producers under 30,000 barrels — the same whether they are in-state or out-of-state by requiring a physical warehouse or brewery located in Idaho, distribution only of the brewer’s own products, and distribution using brewery employees and brewery-owned equipment. Barbieri said the physical-presence requirement would “achieve equal treatment” and allow state regulators to exercise jurisdiction and statutory inspection authority.

Barbieri listed state agencies that would have oversight roles under current law, including the Idaho State Police Division of Alcohol Beverage Control, the Idaho State Tax Commission and the Department of Health and Welfare, and said the bill would provide “immediate accountability” and allow regulators to remove bad actors. Representative Akiles moved to send HB 276 to the House floor with a due-pass recommendation; the committee adopted the motion by voice vote and the chair declared the motion carried.

No outside testimony was recorded in committee on the bill; one person in the audience said they had intended to testify but declined. The bill was advanced to the House floor for further consideration.