Kathy Tate gives us a verbal rendition of what she heard by calling the
state health department.
 
Kathy, and others, your work isn't finished yet.  I was very serious in a
previous post when I suggested that you acquire a copy of the stututes and
rules on the subject of sanitation.  I have found that inspectors often
know practically nothing about the bee industry and cannot adequately
interpret the statutes, especially at a moments notice over the phone.
Most statutes are written with other industries in mind not honey or
pollen.  Remember all statutes are never written in a manner to cover all
situations, and they are INTERPRETED by the inspectors which means that
others such as yourself or me, may interpret them quite differently.
 
Also, in many cases, they will give you the information in response to how
they interpret your question.  It is often necessary to ask questions from
several directions on the same issue to receive a comprehensive explanation
of the language.
 
Here in Washington, honey is a raw product through the extraction and
bottling process as long as it is not heated other than in the heat room
and extraction process.  Once the honey crystallizes and is heated to
bottle it, then it becomes a manufactured product.  But, I'll bet that
someone has a different interpretation than what I have been able to get
from the food inspection manager.  That is because they have never had to
interpret the law in this situation.  And the law doesn't include the word
honey, and was not intended to, which leaves it open to interpretation.
 
The official's statement that NO pollen can be in honey shows the lack of
knowledge about honey and is clearly an interpretation, or opinion, of the
statute language.  Opinions are not enforceable.  The same thing can be
said about the statement that comb honey can't contain comb.  The
official's statement that pollen could only be sold as pure pollen may also
be questioned.  What does pure mean?  Does it mean in a natural form?  That
would eliminate pollen pills which have been manufactured, and probably
sold throughout Texas.
 
The statement that Texas has no cottage or kitchen exemption, does not mean
that a cottage or kitchen industry doesn't exist.  It means that an
exemption has not been considered, or written into law.  This merely means
either that the issue has not come up in the recent experience of the
official, or he didn't take the time to explore with you how they handle
small entrepreneaurs, or that no one has ever raised the issue before, at
least in a manner to get an official interpretation of statute intent.
Don't take the official's word for it, ask for a copy of the statutes and
rules.  You will probably find that your issues are not directly addressed
by the statute.  That means that any enforcement in your situation may be
questioned by an administrative procedure hearing officer.
 
Now, how do you get the statute and rules changed?
1.  Thoroughly school yourself in the language used in the statute and
rules.
 
2.  Make a list of all your questions, and real or hypothetical situations.
 
 
3.  Have two or three persons meet with the official and go over the
statute and rule language with him to determine how much latitude he is
taking in interpreting the text.
 
4.  Ask all your questions giving several hypotheticals for each, and write
down the answers.
 
5.  Give the official as much knowledge about the bee industry as you can.
This should include how beekeepers with a few hives extract and bottle
honey, how those with 1,000 hives do it, and how the packers operate.
 
6.  Determine the issues, and parts of the text, which leave the official
uncomfortable, or where he agrees the language is unclear (and may be
unenforcable).
 
7.  Propose that you and/or he write some draft language that would better
address your issues.
 
8.  Work with the local and state beekeepers associations to inform them of
your issues and your discussion with the health department and solicit
their cooperation in making the necessary changes.
 
9.  Develop a consensus among beekeepers about how the issues are to be
resolved, and a consensus on the draft language you will propose.
 
10.  Meet with the appropriate official to propose that the language in the
statute be revised by the legislature, and/or propose that the public
hearing process be started to revise the administrative rule language.
 
11.  If you have an Apiary Advisory Committee which works with the
department of agriculture on bee related issues, have the Committee invite
the health department officials to discuss the honey production, packing,
and marketing issues.  Propose your solution and proposed language and ask
them to begin the process to change the statute and rules.
 
James C. Bach
WSDA State Apiarist
Yakima WA
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