I think the loophole you're looking for is called "Possum tobacco"
Not sure what the "bee" loophole really is but beekeepers will often use tobacco leaf in their smokers when they work their bees. The tobacco smoke is supossed to kill Varroa Mites and it is thought to be less toxic than the currently approved miticides.
I was just curious if I had broken a law when I bought it (think it was from you Don, haha)
+1 they say it is supposed to drop the Mites. I just dried all the suckers and use that. Even if it dose not work it makes lots of cool smoke.
Dan
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