SESSION OF 2025
SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2158
As Amended by Senate Committee on
Agriculture and Natural Resources
Brief*
HB 2158, as amended, would exempt beekeepers who
meet certain requirements from obtaining a state food
establishment or food processing plant (processor) license to
sell packaged honey or honeycomb at retail.
[Note: The Kansas Department of Agriculture (KDA)
issues two types of food licenses: food establishment
licenses and food processor licenses. Food establishment
licenses include restaurants, grocery stores, convenience
stores, and mobile food units. Food processor licenses
include food wholesalers, food warehouses, food re-packers,
and food manufacturers.]
Definitions
The bill would define the following terms:
●“Honey” would mean the nectar and saccharine
exudation of plants that are gathered, modified,
and stored in the comb by honeybees;
●“Honeycomb” would mean a structure of cells
composed of beeswax in which bees store honey;
and
●“Unaltered” would mean left raw and in the original
state after harvesting and, if applicable, straining.
____________________
*Supplemental notes are prepared by the Legislative Research
Department and do not express legislative intent. The supplemental
note and fiscal note for this bill may be accessed on the Internet at
https://klrd.gov/ “Unaltered” would not include honey or honeycomb
that has been pasteurized.
Exemption From State Licensing
Any beekeeper who wishes to sell honey or honeycomb
for sale or resale at a retailer would be exempt from the
requirement to hold a food establishment or food processor
license, but would be required to register with the KDA at no
cost to the beekeeper, if the beekeeper meets the following
requirements:
●Package honey and honeycomb on the property of
the beekeeper harvesting and selling the products;
●Label packaged honey and honeycomb with:
○A “honey” or “honeycomb” designation; the
floral source could be a part of the name if the
product contains a significant amount of
pollen from that flower;
○The name, address, and zip code of the
beekeeper packaging the honey or
honeycomb;
○The net weight of the contents; and
○A disclaimer stating “Product not subject to
routine inspection by the Kansas Department
of Agriculture.”;
●Keep honey and honeycomb unaltered and free
from additional additives;
●Harvest honey or honeycomb within the state;
●Maintain annual gross sales from honey and
honeycomb that does not exceed $25,000;
2- 2158 ●Follow the minimum sanitary standards adopted by
the KDA for packaging the honey and honeycomb;
and
●Maintain a record of sales of the products and
make the record available to the KDA when
requested; the record would include:
○The amount of honey or honeycomb sold by
container size;
○Where the honey or honeycomb was sold;
and
○The date of the sales.
Any beekeeper that qualifies for registration pursuant to
the bill would not be required to acquire or maintain facilities
or equipment required for temperature-controlled food items,
including a kitchen permitted for commercial food preparation.
The bill would state that nothing in the bill would be
construed to prohibit a beekeeper from applying for and
holding a food establishment or food processor license.
Background
The bill was introduced by Representative Schmoe at
the request of the Kansas Honey Producers Association and
the Northeastern Kansas Beekeepers’ Association.
3- 2158 House Committee on Commerce, Labor and Economic
Development
In the House Committee hearing, proponent testimony
was provided by a representative of the Kansas Justice
Institute, a representative from the Kansas Honey Producers
Association, and a private citizen. The proponents generally
stated honey and honeycomb are safe products due to their
natural properties, and the bill could remove restrictions to
business growth.
Written-only proponent testimony was provided by four
private citizens.
Opponent testimony was provided by a private citizen,
who stated the bill would weaken food safety regulations and
disrupt fair competition.
No other testimony was provided.
The House Committee amended the bill to remove the
requirement for beekeepers to acquire or maintain a
commercial kitchen if they meet all other requirements of the
bill excluding the annual gross sales requirements.
Senate Committee on Agriculture and Natural Resources
In the Senate Committee hearing, proponent testimony
was provided by a representative of the Kansas Honey
Producers and Shawnee County Area Beekeepers; a
representative of the Kansas Justice Institute; and one private
citizen. The proponents stated the bill would reduce
requirements on small businesses that would like to sell their
product in retail stores but cannot do so because of the
requirement that they hold a state-issued license and process
their product in a commercial kitchen.
Written-only proponent testimony was provided by
representatives of the Heartland Beekeepers Association of
4- 2158 Southeast Kansas, Northeastern Kansas Beekeepers ’
Association, Wichita Beekeeper Alliance, and 22 private
citizens.
Opponent testimony was provided by the Assistant
Secretary for Agriculture and four private citizens. The
Assistant Secretary stated the KDA’s primary concern with
the bill is that the public expects food products presented for
sale at retail are safe, packaged safely, and stored in sanitary
conditions. The private citizens stated their concerns about
quality control, public trust, risk of contamination, and other
issues related to business, competition, and economics
because of the investment in or lack of availability of
commercial kitchens.
Written-only opponent testimony was provided by four
private citizens.
Fiscal Information
According to the fiscal note prepared by the Division of
the Budget on the bill, as introduced, the KDA estimates that
up to 37 food processing licenses would be exempted with
the enactment of the bill. Each license fee currently costs
$150, which would reduce revenue to the Food Safety and
Lodging Program’s fee fund by $5,550 in both FY 2026 and
FY 2027 (37 licenses x $150). The agency notes the loss of
revenue would result in the agency not being able to cover
the costs for beekeeper inspections on a complaint basis,
routine beekeeper inspections occurring every 18 months, or
honey- or honeycomb-related illness or outbreaks. The
revenue generated by the current fee is designed only to
cover expenses to provide this service.
Any fiscal effect associated with enactment of the bill is
not reflected in The FY 2026 Governor’s Budget Report.
Honey; honeycomb; food establishment licensing; food processing plant licensing;
Kansas Food, Drug and Cosmetic Act
5- 2158