Bill Description: House Bill 499 would clarify that the production, marketing, distribution, sale, and use of vitamins and supplements would not be subject to federal laws or regulations passed or enacted after July 1, 2023. 

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Note: House Bill 499 is similar to, and builds upon, House Bill 82, introduced during the 2023 legislative session. House Bill 82 passed the House overwhelmingly but failed in the Senate by one vote. 

Does it violate the principles of federalism by increasing federal authority, yielding to federal blandishments, or incorporating changeable federal laws into Idaho statutes or rules? Examples include citing federal code without noting as it is written on a certain date, using state resources to enforce federal law, and refusing to support and uphold the Tenth Amendment. Conversely, does it restore or uphold the principles of federalism?

House Bill 499 would create Chapter 35, Title 37, Idaho Code, to define "dietary supplements" and to say, "The production, marketing, distribution, sale, and use of dietary supplements shall be legal in the state of Idaho in compliance with applicable federal law and regulations as of July 1, 2023, notwithstanding any amendment, repeal, or addition made to federal law or regulations applicable to dietary supplements subsequent to July 1, 2023."

This bill would make it the policy of the state that new federal laws or regulations cannot restrict the production, marketing, distribution, sale, and use of dietary supplements as defined by the bill. This is particularly important given the apparent disposition of certain federal regulatory entities to further restrict such activities.

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