Senate Agriculture committee hears House Bill 2158 on allowing small beekeepers to sell honey without commercial kitchen

The Senate Agriculture and Natural Resources Committee opened a hearing on House Bill 2,158, legislation that would permit beekeepers who meet specified requirements to sell packaged honey and honeycomb without holding a food establishment or food processing plant license under the Kansas Food, Drug and Cosmetic Act. Reviser Lawrence told the committee the bill would take effect July 1 and that the House had approved the measure on a vote of 85 to 34.

Under the bill language described to the committee, an exemption requires that the honey and comb be packaged on the beekeeper's property, labeled with the beekeeper's name and address, be unaltered (no added ingredients), derive from hives located in Kansas, and that the beekeeper maintain sales records showing amounts sold, container sizes, locations of sale and dates. The bill includes a $50,000 annual gross sales limit for the exemption; the reviser and several proponents said the bill also allows a beekeeper who meets other conditions but exceeds the sales limit to obtain a license without a commercial kitchen.

Proponents of the bill argued it removes an undue barrier for very small producers and hobbyists. Samuel McRoberts, litigation director at the Kansas Justice Institute, said honey is a safe, low‑risk product and that requiring a commercial kitchen can impose substantial costs on small beekeepers. "If you do have language that you could provide for the committee for clarifying, that would be great," McRoberts said, noting a potential conflict in the bill's sales‑threshold language.

Becky Tipton, president of the Kansas Bee Producers and owner of Country Creek Honey, told the committee small entrepreneurs in rural Kansas often lack commercial kitchens nearby and that the bill is intended to allow straight bottled honey and comb honey, but not infused or adulterated products. "Nobody makes honey except honeybees," Tipton said.

Buck Bradley of Bucks Honeybee Company described how the current regulation, which requires a commercial bottling facility for retail placement, has limited his ability to place product in local stores. Bradley said commercial kitchen costs and fees can be prohibitive for small operations and called the current rule "an example of security theater." He and other proponents said Missouri removed a commercial kitchen requirement in 2015 and that at least 20 other states have similar exemptions.

Opponents told the committee they support Kansas beekeepers but raised concerns about consumer protection if honey packaged in noninspected facilities is placed on grocery shelves. Josh McGinn, Assistant Secretary at the Kansas Department of Agriculture, said the KDA's food safety and lodging program inspects food establishments and that products on store shelves are generally expected to meet inspection standards. McGinn said direct‑to‑consumer sales are already allowed and that a key KDA concern is sanitary packaging and storage; examples raised included well water testing for sanitizing equipment and ensuring adequate handwashing and safe containers.

Licensed processors who testified said they invested in inspected commercial facilities and worry a wholesale exemption could create a two‑tier market. Tim Urich of Tea Creek Bees and Honey said he manages 300 hives and that licensed processing and inspections improved his operation. Jorge Garibay of the North American Pollinator Alliance urged rejection of the bill and recommended expanding access to pay‑per‑use commercial kitchens throughout the state rather than creating exemptions. Courtney Simpson, a commercial beekeeper from Wamego, urged the committee to prioritize consumer safety and suggested higher liability insurance if exemptions proceed.

KDA staff suggested several alternatives the committee could consider if it moves the bill: a labeled exception to indicate products not subject to routine KDA inspection (such as a fundraising exemption), waiving fees while maintaining education and some contact with producers, or a post‑implementation review after one to three years. KDA officials also provided differing figures during testimony about fees and typical costs: one proponent cited initial inspection costs around $550 and annual fees of $250, while KDA staff described an initial application fee of $175 and an annual fee of $150 for commercial kitchens under 1,000 square feet.

The committee heard substantial written testimony from proponents and opponents and took questions from senators including Senator Bowser and Senator Shane. The hearing record showed the bill had passed the House, but no final Senate vote was taken during the hearing.