00 HOUSE BILL NO. 191 01 "An Act establishing a state department of agriculture and food and relating to its 02 powers and duties; relating to the powers and duties of the Department of 03 Environmental Conservation and the Department of Natural Resources; and providing 04 for an effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06  * Section 1. AS 03.05.010 is amended to read: 07 Sec. 03.05.010. Powers and duties: agricultural products [OF  08 COMMISSIONER OF NATURAL RESOURCES]. (a) The commissioner [OF 09 NATURAL RESOURCES] shall 10 (1) direct, administer, and supervise promotional and experimental 11 work, extension services, and agricultural projects for the purpose of promoting and 12 developing the agricultural industry within the state, including such fields as 13 horticulture, dairying, cattle raising, fur farming, grain production, vegetable 14 production, and development of other agricultural products; 01 (2) procure and preserve all information pertaining to the development 02 of the agricultural industry and disseminate that information to the public; 03 (3) assist prospective settlers and others desiring to engage in the 04 agricultural industry in the state with information concerning areas suitable for 05 agriculture, food storage, food processing, sustainable and renewable farming  06 practices, and other activities and programs essential to the development of the 07 agricultural industry in the state; 08 (4) review the marketing, financing, and development of agricultural 09 products inside the state including transportation, with special emphasis upon local 10 production, and negotiate for the marketing of agricultural products of the state with 11 federal and state agencies operating in the state; 12 (5) regulate and control the entry into the state and the transportation, 13 sale, or use inside the state of plants, seeds, vegetables, shell eggs, fruits and berries, 14 nursery stock, animal feeds, remedies and mineral supplements, fertilizers, and 15 agricultural chemicals in order to prevent the spread of pests, diseases, or toxic 16 substances injurious to the public interest, and to protect the agricultural industry 17 against fraud, deception, and misrepresentation; in this connection the commissioner 18 may require registration, inspection, and testing, and establish procedures and fees; 19 (6) regulate the farming of elk in a manner similar to the manner in 20 which the commissioner regulates domestic animals and livestock, to the extent that is 21 appropriate; 22 (7) implement the farm-to-school program established in 23 AS 03.20.100;  24 (8) establish a food security program that includes record keeping  25 of food products stored on farms in the state and information about the number  26 of days a supply of food is stored in the state. 27 (b) Except for retail food establishments and fish or fisheries products  28 establishments, to [TO] carry out the requirements of this title, the commissioner [OF 29 NATURAL RESOURCES] may issue orders, regulations, quarantines, and embargoes 30 relating to 31 (1) examination and inspection of premises containing products, 01 articles, and commodities carrying pests; 02 (2) establishment of quarantines for eradication of pests; 03 (3) establishment of standards and labeling requirements pertaining to 04 the sale of agricultural and vegetable seeds; 05 (4) tests and analyses that [WHICH] may be made and hearings that 06 [WHICH] may be held to determine whether the commissioner will issue a stop order 07 or quarantine; 08 (5) cooperation with federal and other state agencies. 09  * Sec. 2. AS 03.05.011(a) is amended to read: 10 (a) Except for retail food establishments, to [TO] carry out the requirements 11 of this title relating to animals or animal products [OVER WHICH THE 12 DEPARTMENT HAS JURISDICTION], the commissioner may 13 (1) issue orders or permits relating to or authorizing the examination, 14 inspection, testing, quarantine, or embargo of animals or animal products, or premises 15 containing or having contained animals or animal products, in order to prevent the 16 spread of pests or contagious or infectious disease; 17 (2) conduct tests, analyses, and hearings to determine whether to issue 18 an order or permit relating to animals or animal products under this section; 19 (3) cooperate with federal, state, municipal, and other governmental 20 agencies regarding powers and duties under this section; 21 (4) issue orders or permits relating to or authorizing the custody, care, 22 or destruction of animals or animal products to prevent the spread of pests or 23 contagious or infectious disease; 24 (5) designate points of entry for the admission of animals or animal 25 products into the state; and 26 (6) issue orders or permits relating to, or authorizing the examination, 27 testing, or care of, animals or animal products to be transported into, within, or from 28 this state, in order 29 (A) to prevent the spread of pests or contagious or infectious 30 disease; or 31 (B) to promote safe or sanitary conditions for the animals or 01 animal products to be transported. 02  * Sec. 3. AS 03.05.011(b) is amended to read: 03 (b) Except for retail food establishments, the [THE] commissioner may 04 (1) adopt a schedule of fees or charges, and credit provisions, for 05 services related to animals and animal products rendered by state veterinarians to 06 farmers and others at their request, and all the receipts from the fees and charges shall 07 be transmitted to the commissioner for deposit in the state treasury; 08 (2) designate individuals, independently or in cooperation with federal, 09 state, municipal, or other governmental agencies, to carry out and enforce, under the 10 direction of the state veterinarian, the requirements of this title relating to animals or 11 animal products [OVER WHICH THE DEPARTMENT HAS JURISDICTION]; 12 (3) enter into agreements with the federal government for controlling 13 disease among animals and match federal payments for animals destroyed under those 14 agreements from any appropriation available for this purpose; 15 (4) pay an owner of an animal destroyed under this section an amount 16 from any appropriation available for this purpose; and 17 (5) adopt regulations under AS 44.62 (Administrative Procedure Act) 18 to implement and interpret this section; when adopting regulations under this 19 paragraph, the commissioner shall give substantial weight to the typical practices and 20 standards in the state and in the United States of the industry for which the regulations 21 are designed. 22  * Sec. 4. AS 03.05.011(e) is amended to read: 23 (e) In this section, 24 (1) "commissioner" means the commissioner of agriculture and food 25 [ENVIRONMENTAL CONSERVATION]; 26 (2) "department" means the Department of Agriculture and Food 27 [ENVIRONMENTAL CONSERVATION]. 28  * Sec. 5. AS 03.05 is amended by adding a new section to read: 29 Sec. 03.05.012. Powers over fish and fisheries products. (a) To carry out the 30 requirements of this title relating to fish or fisheries products, the commissioner may 31 (1) issue orders or permits relating to or authorizing the examination, 01 inspection, testing, quarantine, or embargo of fish or fisheries products, or premises 02 containing or having contained fish or fisheries products, in order to prevent the 03 spread of pests or contagious or infectious disease; 04 (2) conduct tests, analyses, and hearings to determine whether to issue 05 an order or permit relating to fish or fisheries products under this section; 06 (3) cooperate with federal, state, municipal, and other governmental 07 agencies regarding powers and duties under this section; 08 (4) issue orders or permits relating to or authorizing the custody, care, 09 or destruction of fish or fisheries products to prevent the spread of pests or contagious 10 or infectious disease; 11 (5) designate points of entry for the admission of animals or animal 12 products into the state; and 13 (6) issue orders or permits relating to, or authorizing the examination, 14 testing, or care of, fish or fisheries products to be transported into, within, or from this 15 state, in order 16 (A) to prevent the spread of pests or contagious or infectious 17 disease; or 18 (B) to promote safe or sanitary conditions for the fish or 19 fisheries products to be transported. 20 (b) The commissioner may 21 (1) adopt a schedule of fees or charges, and credit provisions, for 22 services related to fish or fisheries products rendered by the department, and all the 23 receipts from the fees and charges shall be transmitted to the commissioner for deposit 24 in the state treasury; 25 (2) designate individuals, independently or in cooperation with federal, 26 state, municipal, or other governmental agencies, to carry out and enforce, under the 27 direction of the commissioner, the requirements of this title relating to fish or fisheries 28 products; 29 (3) enter into agreements with the federal government for controlling 30 disease in fish or fisheries products and match federal payments for fish or fisheries 31 products destroyed under those agreements from any appropriation available for this 01 purpose; 02 (4) pay an owner of a fish or fisheries product destroyed under this 03 section an amount from any appropriation available for this purpose; and 04 (5) adopt regulations under AS 44.62 (Administrative Procedure Act) 05 to implement and interpret this section; when adopting regulations under this 06 paragraph, the commissioner shall give substantial weight to the typical practices and 07 standards in the state and in the United States of the industry for which the regulations 08 are designed. 09 (c) Before taking custody of or destroying a fish or fisheries product under 10 (a)(4) of this section, or imposing a quarantine, placing an embargo, or taking another 11 action under this section that deprives a person of a fish or fisheries product, the 12 department shall provide for notice and an opportunity to be heard to the owner or 13 person in possession of the fish or fisheries product, unless the commissioner 14 determines there is an immediate threat to the health or safety of fish or fisheries 15 products or the public. 16 (d) Nothing in this section affects the authority of another agency of this state. 17 (e) In this section, 18 (1) "commissioner" means the commissioner of environmental 19 conservation; 20 (2) "department" means the Department of Environmental 21 Conservation. 22  * Sec. 6. AS 03.05.013 is amended to read: 23 Sec. 03.05.013. State veterinarian. The commissioner [OF 24 ENVIRONMENTAL CONSERVATION] may employ or appoint a person to act as 25 the state veterinarian to carry out and enforce the requirements of this title relating to 26 animals or animal products over which the department [DEPARTMENT OF 27 ENVIRONMENTAL CONSERVATION] has jurisdiction. To be eligible for 28 appointment as the state veterinarian, a person must be licensed or otherwise legally 29 authorized under AS 08.98 to engage in the practice of veterinary medicine in the 30 state. 31  * Sec. 7. AS 03.05.027(a) is amended to read: 01 (a) The commissioner [OF NATURAL RESOURCES] shall employ or 02 appoint a state coordinator for noxious weed, invasive plant, and agricultural pest 03 management and education. 04  * Sec. 8. AS 03.05.040(b) is amended to read: 05 (b) In this section, "commissioner" means the commissioner of agriculture  06 and food [NATURAL RESOURCES] with respect to agricultural [THOSE] 07 products and animals over which the commissioner of agriculture and food 08 [NATURAL RESOURCES] has jurisdiction under this title, and the commissioner of 09 environmental conservation with respect to retail food establishments and fish or  10 fisheries [THOSE] products over which the commissioner of environmental 11 conservation has jurisdiction under this title. 12  * Sec. 9. AS 03.05.050(b) is amended to read: 13 (b) In this section, "commissioner" means the commissioner of agriculture  14 and food [NATURAL RESOURCES] with respect to agricultural [THOSE] 15 products and animals, except fish or fisheries products, over which the 16 commissioner of agriculture and food [NATURAL RESOURCES] has jurisdiction 17 under this title, and the commissioner of environmental conservation with respect to 18 retail food establishments, fish or fisheries [THOSE] products, and fish or fisheries  19 products establishments, over which the commissioner of environmental 20 conservation has jurisdiction under this title. 21  * Sec. 10. AS 03.05.075(a) is amended to read: 22 (a) Elk may be raised and bred as domestic stock for commercial purposes, 23 including the sale of meat, by a person who lawfully owns the elk and who holds a 24 current valid elk farming license. The commissioner [OF NATURAL RESOURCES] 25 may issue an elk farming license for the farming of elk to a person who applies on a 26 form provided by the commissioner, pays the biennial elk farming license fee, and 27 proves to the satisfaction of the commissioner that the person lawfully owns the elk, 28 intends to raise and breed elk, and possesses facilities for maintaining the elk under 29 positive control. Before issuing or renewing an elk farming license, the commissioner 30 shall conduct a physical inspection of the elk farming facilities and determine that the 31 facilities are in good repair and comply with the fencing standards established under 01 (d) of this section. In this subsection, "lawfully owns" means ownership that was 02 obtained without violating a state or federal law or regulation or a condition of a 03 license or permit issued with respect to elk. 04  * Sec. 11. AS 03.05.075(b) is amended to read: 05 (b) The commissioner [OF NATURAL RESOURCES] shall provide to the 06 Department of Fish and Game a copy of each application for an elk farming license 07 received by the commissioner and each elk farming license issued by the 08 commissioner. 09  * Sec. 12. AS 03.05.075(d) is amended to read: 10 (d) The commissioner [OF NATURAL RESOURCES] shall establish fencing 11 standards for elk farming facilities to maintain elk under positive control. Proposed 12 fencing standards shall be submitted to the commissioner of fish and game for review 13 before the standards are adopted or amended. 14  * Sec. 13. AS 03.05.075(e) is amended to read: 15 (e) Notwithstanding other provisions of law, a license or permit is not required 16 from the Department of Fish and Game in order to import, export, or possess elk for 17 the purpose of elk farming. Elk imported, exported, or possessed for the purpose of elk 18 farming are subject to the provisions of this title and regulations adopted under this 19 title by the commissioner [OF NATURAL RESOURCES OR THE 20 COMMISSIONER OF ENVIRONMENTAL CONSERVATION] for domestic 21 animals and livestock, to the extent they are made applicable to elk by the 22 commissioner [COMMISSIONERS]. 23  * Sec. 14. AS 03.05.090(a) is amended to read: 24 (a) A person who violates a provision of this chapter or a regulation, order, or 25 quarantine made under authority of this chapter, or violates a provision of a permit 26 issued under this chapter, or sells seeds failing to meet the labeling requirements, 27 standards, and tests provided for by regulation of the commissioner of agriculture  28 and food [NATURAL RESOURCES] or the commissioner of environmental 29 conservation is guilty of a class A misdemeanor for each offense. 30  * Sec. 15. AS 03.05.090(c) is amended to read: 31 (c) If the Department of Agriculture and Food or the Department of 01 Environmental Conservation issues an order regarding, adopts a regulation on, issues a 02 permit regarding, imposes a quarantine on, or orders an embargo on an animal, [OR] 03 animal product, or fish or fisheries product that the department with jurisdiction  04 over the item [DEPARTMENT OF ENVIRONMENTAL CONSERVATION] 05 reasonably believes carries pests, a contagious disease, or an infectious disease, a 06 consignee who knowingly receives, or a carrier who knowingly transports, the animal 07 or animal product in violation of the order, regulation, permit, quarantine, or embargo 08 is subject to a civil fine of not more than $500 for each violation. 09  * Sec. 16. AS 03.05.090(d) is amended to read: 10 (d) The department handling the violation under this section 11 [DEPARTMENT OF ENVIRONMENTAL CONSERVATION] or a court of 12 competent jurisdiction may impose the fine authorized by (b) or (c) of this section. 13  * Sec. 17. AS 03.05.100 is amended to read: 14 Sec. 03.05.100. Definitions. In this chapter, unless the section or the context  15 indicates otherwise, 16 (1) "agricultural products" does not include fish, fisheries products, 17 animals, or animal products; 18 (2) "animal" means an animal other than a human being and includes a 19 mammal, insect, bird, [FISH,] and reptile, whether wild or domestic, and whether 20 living or dead, but does not include fish or fisheries products; 21 (3) "animal product" means a product, article, or commodity 22 containing any part of an animal; 23 (4) "fish or fisheries products" means any aquatic animal, including 24 amphibians, or aquatic plants or parts of those plants, animals, or amphibians that are 25 usable as human food. 26  * Sec. 18. AS 03.05.100 is amended by adding new paragraphs to read: 27 (5) "commissioner" means the commissioner of agriculture and food; 28 (6) "department" means the Department of Agriculture and Food; 29 (7) "retail food establishment" means a business that sells prepared 30 food products to the general public for consumption on or off the premises, and 31 includes a business that is, or contains on its premises, a restaurant, a delicatessen, a 01 salad bar, or a bakery. 02  * Sec. 19. AS 03.09.020(a) is amended to read: 03 (a) The commissioner [DIRECTOR] of [THE DIVISION OF THE 04 DEPARTMENT WITH RESPONSIBILITY FOR] agriculture and food shall appoint  05 an employee of the Department of Agriculture and Food to serve as the director of 06 the Board of Agriculture and Conservation. The director may employ staff and, as 07 directed by the board, is responsible for the daily operations of the agricultural 08 revolving loan fund (AS 03.10.040). 09  * Sec. 20. AS 03.10.050(g) is amended to read: 10 (g) The board may dispose of property acquired by the agricultural revolving 11 loan fund through foreclosure, default, or other action arising out of agricultural loans 12 or the sale of agricultural land. Disposals shall be conducted under regulations 13 approved by the commissioner of agriculture and food. The regulations must ensure 14 that the property is disposed of so as to maximize the return to the state and must 15 require that the parcels of land that are composed primarily of cropland soils be 16 restricted to agricultural uses and disposed of only to persons who are residents of the 17 state. 18  * Sec. 21. AS 03.13.050 is amended to read: 19 Sec. 03.13.050. Definitions. In this chapter, 20 (1) "corporation" means the Federal Crop Insurance Corporation (7 21 U.S.C. 1503);  22 (2) "department" means the Department of Agriculture and Food. 23  * Sec. 22. AS 03.20.080 is amended by adding new paragraphs to read: 24 (3) "commissioner" means the commissioner of agriculture and food; 25 (4) "department" means the Department of Agriculture and Food. 26  * Sec. 23. AS 03.20.100(e) is amended by adding a new paragraph to read: 27 (3) "department" means the Department of Agriculture and Food. 28  * Sec. 24. AS 03.22.010 is amended to read: 29 Sec. 03.22.010. Establishment of plant materials center. The department 30 [DEPARTMENT OF NATURAL RESOURCES], in cooperation with the college or 31 department of the University of Alaska responsible for the Agricultural and Forestry 01 Experiment Station, shall establish and maintain a plant materials center. 02  * Sec. 25. AS 03.22.040 is amended to read: 03 Sec. 03.22.040. Personnel. The department shall ensure that competent 04 professional, secretarial, and subprofessional personnel necessary to carry on the work 05 of the center are employed. The administrator of the plant materials center is a joint 06 appointment between the department [DEPARTMENT OF NATURAL 07 RESOURCES] and the college or department of the University of Alaska responsible 08 for the Agricultural and Forestry Experiment Station. 09  * Sec. 26. AS 03.22 is amended by adding a new section to read: 10 Sec. 03.22.100. Definitions. In this chapter, "department" means the 11 Department of Agriculture and Food. 12  * Sec. 27. AS 03.35.030 is amended to read: 13 Sec. 03.35.030. Notice, hearing, and order. Upon receipt of a petition for the 14 establishment, addition, elimination, or dissolution of a controlled livestock district, 15 the district judge shall set a time for hearing the petition not less than 30 days after its 16 receipt. Notice of the time and place of the hearing and its purpose shall be posted in 17 not less than three conspicuous public places within the proposed district, including a 18 post office, for a period of at least 30 days before the hearing. If there is no post office 19 within the proposed district, then the notice shall be posted in two conspicuous public 20 places in the proposed district and in the post office nearest the proposed district. If, at 21 the hearing, the district judge finds that the petition meets the requirements established 22 under AS 03.35.020 and that notice of the hearing has been given, the district judge 23 shall enter an order granting the request contained within the petition. The boundaries 24 of the district are those proposed within the petition. The district judge shall certify to 25 the clerk of the superior court for the judicial district a copy of the findings and order. 26 The district judge shall send a copy of the order to the commissioner of agriculture  27 and food. 28  * Sec. 28. AS 03.40.030(a) is amended to read: 29 (a) To adopt a brand or mark, a person shall forward to the commissioner [OF 30 NATURAL RESOURCES] a facsimile of the brand or mark, together with a written 31 application, and the recording fee of $2. Upon receipt, the commissioner shall record 01 the brand or mark unless it is of record or conflicts or closely resembles that of some 02 other person, in which case the commissioner shall return the facsimile and fee to the 03 applicant. A brand described as being on either side of the animal may not be accepted 04 or recorded. 05  * Sec. 29. AS 03.40.270 is amended to read: 06 Sec. 03.40.270. Definitions. As used in this chapter, 07 (1) [A] "brand" means an identification mark burned into the hide of a 08 live animal;  09 (2) "commissioner" means the commissioner of agriculture and  10 food. 11  * Sec. 30. AS 03.47.020 is amended to read: 12 Sec. 03.47.020. Importation of bees. All bees imported into the state shall be 13 accompanied by a health certificate that states that the bees come from an apiary 14 apparently free of bee diseases and that is signed by an apiary inspector determined to 15 be qualified by the department [DIVISION]. 16  * Sec. 31. AS 03.47.030(a) is amended to read: 17 (a) The department [DIVISION] shall investigate reported cases of diseased 18 bees and cases of diseased bees discovered by the department [DIVISION]. 19  * Sec. 32. AS 03.47.030(b) is amended to read: 20 (b) The department [DIVISION] shall take action necessary to prevent the 21 spread of bee diseases. Bees or used beekeeping equipment found to contain the 22 causative organisms of American foulbrood (Bacillus larvae) or European foulbrood 23 (Streptococcus pluton) shall be immediately quarantined and treated within five days 24 by 25 (1) chamber fumigation using ethylene oxide or other gases approved 26 by the department [DIVISION]; 27 (2) sterilization by boiling in lyewater for at least 15 minutes; or 28 (3) destruction of bees, bee combs, and frames by burning followed by 29 burying 18 inches deep. 30  * Sec. 33. AS 03.47.030(d) is amended to read: 31 (d) A quarantine imposed under this section may not be removed until infected 01 bees and used beekeeping equipment are destroyed or the department [DIVISION] 02 determines through testing that the used beekeeping equipment is free of the disease. 03  * Sec. 34. AS 03.47.030(e) is amended to read: 04 (e) The department [DIVISION] shall adopt regulations necessary to carry 05 out the purposes of this chapter. 06  * Sec. 35. AS 03.47.040 is amended by adding a new paragraph to read: 07 (4) "department" means the Department of Agriculture and Food. 08  * Sec. 36. AS 03.55.190 is amended to read: 09 Sec. 03.55.190. Definitions. In AS 03.55.100 - 03.55.190, 10 (1) "animal" has the meaning given in AS 11.81.900; 11 (2) "custodian" means a person responsible by law for the care, 12 custody, or control of animals; 13 (3) "department" means the Department of Agriculture and Food 14 [ENVIRONMENTAL CONSERVATION]. 15  * Sec. 37. AS 03.58 is amended by adding a new section to read: 16 Sec. 03.58.090. Definition. In this chapter, "department" means the 17 Department of Agriculture and Food. 18  * Sec. 38. AS 14.07.020(a) is amended to read: 19 (a) The department shall 20 (1) exercise general supervision over the public schools of the state 21 except the University of Alaska; 22 (2) study the conditions and needs of the public schools of the state, 23 adopt or recommend plans, administer and evaluate grants to improve school 24 performance awarded under AS 14.03.125, and adopt regulations for the improvement 25 of the public schools; 26 (3) provide advisory and consultative services to all public school 27 governing bodies and personnel; 28 (4) prescribe by regulation a minimum course of study for the public 29 schools; the regulations must provide that, if a course in American Sign Language is 30 given, the course shall be given credit as a course in a foreign language; 31 (5) establish, in coordination with the Department of Health and Social 01 Services, a program for the continuing education of children who are held in detention 02 facilities in the state during the period of detention; 03 (6) accredit those public schools that meet accreditation standards 04 prescribed by regulation by the department; these regulations shall be adopted by the 05 department and presented to the legislature during the first 10 days of any regular 06 session, and become effective 45 days after presentation or at the end of the session, 07 whichever is earlier, unless disapproved by a resolution concurred in by a majority of 08 the members of each house; 09 (7) prescribe by regulation, after consultation with the state fire 10 marshal and the state sanitarian, standards to ensure [THAT WILL ASSURE] 11 healthful and safe conditions in the public and private schools of the state, including a 12 requirement of physical examinations and immunizations in pre-elementary schools; 13 the standards for private schools may not be more stringent than those for public 14 schools; 15 (8) exercise general supervision over pre-elementary schools that 16 receive direct state or federal funding; 17 (9) exercise general supervision over elementary and secondary 18 correspondence study programs offered by municipal school districts or regional 19 educational attendance areas; the department may also offer and make available to any 20 Alaskan through a centralized office a correspondence study program; 21 (10) accredit private schools that request accreditation and that meet 22 accreditation standards prescribed by regulation by the department; nothing in this 23 paragraph authorizes the department to require religious or other private schools to be 24 licensed; 25 (11) review plans for construction of new public elementary and 26 secondary schools and for additions to and major rehabilitation of existing public 27 elementary and secondary schools and, in accordance with regulations adopted by the 28 department, determine and approve the extent of eligibility for state aid of a school 29 construction or major maintenance project; for the purposes of this paragraph, "plans" 30 include educational specifications, schematic designs, projected energy consumption 31 and costs, and final contract documents; 01 (12) provide educational opportunities in the areas of vocational 02 education and training, and basic education to individuals over 16 years of age who 03 are no longer attending school; 04 (13) administer the grants awarded under AS 14.11; 05 (14) establish, in coordination with the Department of Public Safety, a 06 school bus driver training course; 07 (15) require the reporting of information relating to school disciplinary 08 and safety programs under AS 14.33.120 and of incidents of disruptive or violent 09 behavior; 10 (16) establish by regulation criteria, based on low student performance, 11 under which the department may intervene in a school district to improve instructional 12 practices, as described in AS 14.07.030(14) or (15); the regulations must include 13 (A) a notice provision that alerts the district to the deficiencies 14 and the instructional practice changes proposed by the department; 15 (B) an end date for departmental intervention, as described in 16 AS 14.07.030(14)(A) and (B) and (15), after the district demonstrates three 17 consecutive years of improvement consisting of not less than two percent 18 increases in student proficiency on standards-based assessments in math, 19 reading, and writing as provided in AS 14.03.123(f)(2)(A); and 20 (C) a process for districts to petition the department for 21 continuing or discontinuing the department's intervention; 22 (17) notify the legislative committees having jurisdiction over 23 education before intervening in a school district under AS 14.07.030(14) or redirecting 24 public school funding under AS 14.07.030(15); 25 (18) assist the Department of Agriculture and Food [NATURAL 26 RESOURCES] in developing and implementing the farm-to-school program 27 established under AS 03.20.100. 28  * Sec. 39. AS 17.20.005 is repealed and reenacted to read: 29 Sec. 17.20.005. Powers and duties of commissioner of agriculture and  30 food. (a) Except as provided in (b) of this section, to carry out the responsibilities of 31 the Department of Agriculture and Food and the commissioner of agriculture and food 01 under this chapter, the commissioner of agriculture and food may issue orders, 02 regulations, permits, quarantines, and embargoes relating to 03 (1) agricultural food, including 04 (A) inspection; 05 (B) standards of sanitation and handling methods for all phases 06 of slaughtering, processing, storing, transporting, displaying, and selling; 07 (C) labeling; and 08 (D) the training, testing, and certification requirements for 09 individuals who handle or prepare the agricultural food, their supervisors, and 10 their employers to ensure their knowledge of food safety and sanitation 11 principles and requirements; 12 (2) control and eradication of pests; 13 (3) labeling, subject to AS 17.20.013, and grading of milk and milk 14 products and standards of sanitation for dairies offering to the public or selling milk or 15 milk products to at least the minimum of current recommendations of the United 16 States Public Health Service pasteurized milk ordinance as it may periodically be 17 revised; 18 (4) tests and analyses that may be made and hearings that may be held 19 to determine whether the commissioner will issue a stop order or quarantine; 20 (5) transportation of, use of, disposal of, recalls of, or warnings 21 concerning quarantined or embargoed items; 22 (6) cooperation with federal and other state agencies; 23 (7) written food safety disclosure statements by persons who sell 24 directly to a consumer agricultural food products that are grown and processed by the 25 sellers. 26 (b) The authority of the commissioner of agriculture and food under this 27 chapter does not extend to the inspection of retail food establishments. 28  * Sec. 40. AS 17.20 is amended by adding a new section to article 1 to read: 29 Sec. 17.20.007. Powers and duties of commissioner of environmental  30 conservation. To carry out the responsibilities of the Department of Environmental 31 Conservation and the commissioner of environmental conservation under this chapter, 01 the commissioner of environmental conservation may issue orders, regulations, 02 permits, quarantines, and embargoes relating to 03 (1) the inspection of retail food establishments for sanitation and food 04 safety, including 05 (A) standards of sanitation and handling methods for all phases 06 of processing, storing, transporting, displaying, and selling of food; and 07 (B) the training, testing, and certification requirements for 08 individuals who handle or prepare food, their supervisors, and their employers 09 to ensure their knowledge of food safety and sanitation principles and 10 requirements; 11 (2) fish or fisheries products, including 12 (A) inspection; 13 (B) standards of sanitation and handling methods for all phases 14 of processing, storing, transporting, displaying, and selling; 15 (C) labeling; and 16 (D) the training, testing, and certification requirements for 17 individuals who handle or prepare the fish or fisheries products, their 18 supervisors, and their employers to ensure their knowledge of food safety and 19 sanitation principles and requirements; 20 (3) enforcement of hazard analysis critical control point programs for 21 seafood processing that are developed in cooperation with appropriate industry 22 representatives or, to the extent not inconsistent with this chapter or regulations 23 adopted under the authority of this chapter, that are established by regulations of the 24 United States Food and Drug Administration as they may periodically be revised; 25 (4) standards and conditions for the operation and siting of aquatic 26 farms and related hatcheries, including 27 (A) restrictions on the use of chemicals; and 28 (B) requirements to protect the public from contaminated 29 aquatic farm products that pose a risk to health; 30 (5) monitoring aquatic farms and aquatic farm products to ensure 31 compliance with this chapter and, to the extent not inconsistent with this chapter or 01 regulations adopted under the authority of this chapter, with the requirements of the 02 national shellfish sanitation program manual of operations published by the United 03 States Food and Drug Administration as it may periodically be revised; 04 (6) tests and analyses that may be made and hearings that may be held 05 to determine whether the commissioner will issue a stop order or quarantine; 06 (7) transportation of, use of, disposal of, recalls of, or warnings 07 concerning quarantined or embargoed items; 08 (8) cooperation with federal and other state agencies. 09  * Sec. 41. AS 17.20.010 is amended to read: 10 Sec. 17.20.010. Definitions and standards for food. When, in the judgment 11 of the commissioner of agriculture and food, honest and fair dealing in the interest of 12 consumers will be promoted, the Department of Agriculture and Food 13 [DEPARTMENT] shall adopt regulations fixing and establishing for agricultural 14 food or class of agricultural food a reasonable definition and standard of identity, a 15 reasonable standard of quality, and reasonable standards of fill of container. In 16 prescribing a definition and standard of identity for agricultural food or class of 17 agricultural food in which optional ingredients are permitted, the department shall, 18 for the purpose of promoting honesty and fair dealing in the interest of consumers, 19 designate the optional ingredients that [WHICH] shall be named on the label. The 20 definitions and standards adopted shall conform as far as practicable to the definitions 21 and standards adopted under authority of the federal act. The Department of  22 Agriculture and Food [DEPARTMENT] shall establish a mobile canned 23 agricultural food inspection service available upon request to agricultural food 24 packers or processors inside the state. 25  * Sec. 42. AS 17.20.010 is amended by adding a new subsection to read: 26 (b) When, in the judgment of the commissioner of environmental 27 conservation, honest and fair dealing in the interest of consumers will be promoted, 28 the Department of Environmental Conservation shall adopt regulations fixing and 29 establishing for fish or fisheries products, or class of fish or fisheries product a 30 reasonable definition and standard of identity, a reasonable standard of quality, and 31 reasonable standards of fill of container. In prescribing a definition and standard of 01 identity for nonagricultural food, or class of nonagricultural food in which optional 02 ingredients are permitted, the department shall, for the purpose of promoting honesty 03 and fair dealing in the interest of consumers, designate the optional ingredients that 04 shall be named on the label. The definitions and standards adopted must conform as 05 far as practicable to the definitions and standards adopted under authority of the 06 federal act. The Department of Environmental Conservation shall establish a mobile 07 canned nonagricultural food inspection service available upon request to 08 nonagricultural food packers or processors inside the state. 09  * Sec. 43. AS 17.20.013(e) is amended to read: 10 (e) A dairy plant shall keep the original affidavit provided under (c) of this 11 section on file for a period of not less than two years. The affidavit and corresponding 12 records shall be made available for inspection by the commissioner of agriculture  13 and food. If the milk product is to be labeled under (a) of this section, dairy plants 14 supplying milk or cream to a processor or to a manufacturer of a milk product for use 15 in the milk product shall supply the processor or manufacturer with a certificate stating 16 that the producers of the supplied milk or cream have executed and delivered the 17 affidavits as required by (c) of this section. 18  * Sec. 44. AS 17.20.013(f) is amended to read: 19 (f) All milk or cream from non-rBGH-treated cows used in the manufacturing 20 or processing of milk products labeled under (a) of this section, and milk or cream 21 supplied by a producer using an affidavit under (c) of this section, shall be kept 22 completely separate from any other milk or cream throughout all stages of storage, 23 transportation, and processing until the resulting milk products are in final packaged 24 form in a properly labeled container. The dairy plant and the processor or 25 manufacturer at each stage shall keep records of the separation and make them 26 available to the commissioner of agriculture and food for inspection. 27  * Sec. 45. AS 17.20.030 is amended to read: 28 Sec. 17.20.030. Tolerances for added poisonous ingredients. A poisonous or 29 deleterious substance added to food, except where the substance is required in the 30 production of food or cannot be avoided by good manufacturing practice, is unsafe for 31 purposes of the application of AS 17.20.020(a)(2). When the substance is required or 01 cannot be avoided, the department responsible under AS 17.20.005 or 17.20.007 for  02 the particular food item involved shall adopt regulations limiting the quantity of it to 03 the extent necessary for the protection of public health. A quantity exceeding the 04 limits fixed is unsafe for purposes of the application of AS 17.20.020(a)(2). While a 05 regulation limiting the quantity of a substance in the case of any food is in effect, the 06 food is not, by reason of bearing or containing an added amount of the substance, 07 adulterated within the meaning of AS 17.20.020(a)(1). In determining the quantity of 08 the added substance to be tolerated in or on food, the department responsible under  09 AS 17.20.005 or 17.20.007 for the particular food item involved shall consider the 10 extent to which the use of the substance is required or cannot be avoided in the 11 production of each article and the other ways in which the consumer may be affected 12 by that or other poisonous or deleterious substances. 13  * Sec. 46. AS 17.20.040(a) is amended to read: 14 (a) Food is misbranded if 15 (1) its labeling is false or misleading in any particular; 16 (2) it is offered for sale under the name of another food; 17 (3) it is an imitation of another food, unless its label bears, in type of 18 uniform size and prominence, the word "imitation" and, immediately after that word 19 [THEREAFTER], the name of the food imitated; 20 (4) its container is made, formed, or filled so as to be misleading; 21 (5) it is in package form unless it bears a label containing (A) the name 22 and place of business of the manufacturer, packer, or distributor; and (B) an accurate 23 statement of the quantity of the contents in terms of weight, measure, or numerical 24 count; however, under (B) of this paragraph, reasonable variations are permitted, and 25 exemptions for small packages shall be established by regulations prescribed by the 26 department responsible under AS 17.20.005 or 17.20.007 for the particular food  27 item involved; 28 (6) a word, statement, or other information required by or under 29 authority of this chapter to appear on the label or labeling is not prominently placed 30 with the conspicuousness, [(] as compared with other words, statements, designs, or 31 devices in the labeling, [)] and in terms that make it likely to be read and understood 01 by the ordinary individual under customary conditions of purchase and use; 02 (7) it purports to be or is represented as a food for which a definition 03 and standard of identity has been prescribed by regulations as provided by 04 AS 17.20.010, unless (A) it conforms to the definition and standard, and (B) its label 05 bears the name of the food specified in the definition and standard and the common 06 names of optional ingredients other than spices, flavoring, and coloring present in the 07 food as required by regulation; 08 (8) it purports to be or is represented as a food for which a standard  09 of 10 (A) [A FOOD FOR WHICH A STANDARD OF] quality has 11 been prescribed by regulations, and its quality falls below that standard, unless 12 its label bears, in the manner and form the regulations specify, a statement that 13 it falls below that standard; or 14 (B) [A FOOD FOR WHICH A STANDARD OF] fill of 15 container has been prescribed by regulation as provided by AS 17.20.010 and 16 it falls below the applicable standard of fill of container, unless its label bears, 17 in the manner and form as the regulations specify, a statement that it falls 18 below that standard; 19 (9) it is not subject to the provisions of (7) of this subsection, unless it 20 bears labeling clearly giving (A) the common or usual name of the food, if any, and 21 (B) in case it is fabricated from two or more ingredients, the common or usual name of 22 each ingredient; except that [, HOWEVER,] spices, flavorings, and colorings, other 23 than those sold as spices, flavorings, and colorings [SUCH], may be designated as 24 spices, flavorings, and colorings, without naming each; [HOWEVER,] to the extent 25 that compliance with the requirements of (B) of this paragraph is impracticable [,] or 26 results in deception or unfair competition, exemptions shall be established by 27 regulations adopted by the department with the responsibility under AS 17.20.005  28 or 17.20.007 for the particular food item involved, but the requirements of (B) of 29 this paragraph do not apply to food products that are packaged at the direction of 30 purchasers at retail at the time of sale, the ingredients of which are disclosed to the 31 purchasers by other means in accordance with regulations adopted by the department 01 with the responsibility under AS 17.20.005 or 17.20.007 for the particular food  02 item involved; 03 (10) it purports to be or is represented for special dietary uses, unless 04 its label bears information concerning its vitamin, mineral, and other dietary properties 05 the commissioner of the department with the responsibility under AS 17.20.005 or  06 17.20.007 for the particular food item involved determines to be, and by regulations 07 prescribes as, necessary in order fully to inform purchasers as to its value for those 08 uses; 09 (11) it bears or contains artificial flavoring, artificial coloring, or 10 chemical preservative, unless it bears labeling stating that fact; [HOWEVER,] to the 11 extent that compliance with the requirements of this paragraph is impracticable, 12 exemption shall be established by regulations adopted by the department with the  13 responsibility under AS 17.20.005 or 17.20.007 for the particular food item  14 involved; 15 (12) the food is a farmed halibut, salmon, or sablefish product, unless 16 (A) the product is labeled to identify the product as farmed fish 17 raised outside the state, if the product is sold in a packaged form; or 18 (B) the product is conspicuously identified as farmed fish 19 raised outside the state, if the product is sold in an unpackaged form; 20 (13) the labeling, advertisement, or identification of the food is 21 inconsistent with the labeling, advertisement, or identification provisions of 22 AS 17.20.048 or 17.20.049; 23 (14) the food is a genetically modified fish or genetically modified fish 24 product unless 25 (A) the food is conspicuously labeled to identify the fish or fish 26 product as a genetically modified fish or fish product if the fish or fish product 27 is sold in a packaged form; or 28 (B) the food is conspicuously identified as a genetically 29 modified fish or fish product if the fish or fish product is sold in an unpackaged 30 form. 31  * Sec. 47. AS 17.20.044(b) is amended to read: 01 (b) Meat, fish, and poultry that has been frozen must be labeled as a frozen 02 food in accordance with regulations adopted by the commissioner of the department  03 with the responsibility under AS 17.20.005 or 17.20.007 for the food item. 04  * Sec. 48. AS 17.20.044(c) is amended to read: 05 (c) The commissioner of the department with the responsibility under  06 AS 17.20.005 or 17.20.007 for the food item shall adopt regulations that 07 (1) require frozen food labels for meat, fish, and poultry that has been 08 frozen; and 09 (2) provide for the examination and inspection of meat, fish, and 10 poultry to ascertain whether it has been frozen. 11  * Sec. 49. AS 17.20.049(b) is amended to read: 12 (b) In this section, 13 (1) "farmed fish" means fish that is propagated, farmed, or cultivated 14 in a facility that grows, farms, or cultivates the fish in captivity or under positive 15 control but that is not a salmon hatchery that is owned by the state or that holds a 16 salmon hatchery permit under AS 16.10.400; in this paragraph, "positive control" has 17 the meaning given in AS 16.40.199; 18 (2) "fish" means finfish; 19 (3) "prepared food product" means a food product that has been 20 prepared by the retail food establishment selling the food product or by another person 21 at the direction of the retail food establishment; 22 (4) "retail food establishment" has the meaning given in  23 AS 17.20.370, but [MEANS A BUSINESS THAT SELLS PREPARED FOOD 24 PRODUCTS TO THE GENERAL PUBLIC FOR CONSUMPTION ON OR OFF 25 THE PREMISES, AND INCLUDES A BUSINESS THAT IS, OR CONTAINS ON 26 ITS PREMISES, A RESTAURANT, A DELICATESSEN, A SALAD BAR, OR A 27 BAKERY; "RETAIL FOOD ESTABLISHMENT"] does not include an establishment 28 that is provided by 29 (A) an employer primarily for the employees of the employer; 30 (B) a school primarily for the students and employees of the 31 school; or 01 (C) a correctional facility primarily for persons held under 02 official detention; 03 (5) "wild fish" means a fish that 04 (A) is harvested from a river, a lake, or an ocean; 05 (B) has not been raised in captivity under control for its entire 06 life; and 07 (C) is free from added colors and additives. 08  * Sec. 50. AS 17.20.050 is amended to read: 09 Sec. 17.20.050. Emergency permit control. When a [THE] department finds 10 after investigation that the distribution in the state of a class of food that the  11 department has responsibility for under AS 17.20.005 or 17.20.007 may, by reason 12 of contamination with microorganisms during the manufacture, processing, or 13 packing, be injurious to health, and that the injurious nature cannot be adequately 14 determined after the articles have entered commerce, the department [IT], in that 15 case only, shall adopt regulations providing for the issuance of permits to 16 manufacturers, processors, or packers of that class of food, to which shall be attached 17 the conditions governing the manufacture, processing, or packing of that class of food, 18 for a temporary period of time as may be necessary to protect the public health. After 19 the effective date of the regulations, and during the temporary period, no person may 20 introduce or deliver for introduction into commerce the food so manufactured, 21 processed, or packed by any manufacturer, processor, or packer unless the 22 manufacturer, processor, or packer of it holds a permit issued by the commissioner of  23 the department that has responsibility under AS 17.20.005 or 17.20.007 for the  24 particular food item. 25  * Sec. 51. AS 17.20.060 is amended to read: 26 Sec. 17.20.060. Suspension and reinstatement of emergency permit. The 27 commissioner of the department that has responsibility under AS 17.20.005 or  28 17.20.007 for the particular food item may suspend immediately upon notice a 29 permit issued under AS 17.20.050 if it is found that the conditions of the permit have 30 been violated. The holder of a suspended permit may apply for the reinstatement of the 31 permit, and the commissioner of the department that has responsibility under  01 AS 17.20.005 or 17.20.007 for the particular food item, immediately after prompt 02 hearing and an inspection of the establishment, shall reinstate the permit if it is found 03 that adequate measures have been taken to comply with and maintain the conditions of 04 the permit as originally issued or as amended. 05  * Sec. 52. AS 17.20.065 is amended by adding a new subsection to read: 06 (c) In this section, "department" means the Department of Environmental 07 Conservation. 08  * Sec. 53. AS 17.20.066 is amended by adding a new subsection to read: 09 (f) In this section, "commissioner" means the commissioner of environmental 10 conservation. 11  * Sec. 54. AS 17.20.067 is amended to read: 12 Sec. 17.20.067. Seafood processing research. The commissioner of  13 environmental conservation may conduct studies, research, experiments, and 14 demonstrations, directly or through grants to or contracts with public or private 15 agencies, organizations, or individuals to 16 (1) improve sanitation practices in the processing of fish and fisheries 17 products; and 18 (2) develop improved techniques for surveillance and inspection 19 activities under this chapter. 20  * Sec. 55. AS 17.20.070 is amended to read: 21 Sec. 17.20.070. Inspection by department. An officer or employee 22 designated by the commissioner of the department that has responsibility under  23 AS 17.20.005 or 17.20.007 for the factory, aquatic farm, or establishment shall 24 have access to a factory, aquatic farm, or establishment, the operator of which holds a 25 permit from the commissioner of the department with responsibility under  26 AS 17.20.005 or 17.20.007 for the factory, aquatic farm, or establishment, for the 27 purpose of ascertaining whether the conditions of the permit are being complied with. 28 Denial of access for inspection is ground for suspension of the permit until access is 29 freely given. 30  * Sec. 56. AS 17.20.072 is amended to read: 31 Sec. 17.20.072. Enforcement authority. The department 01 [COMMISSIONER] is responsible for enforcing AS 17.20.005 - 17.20.070 02 [AS 17.20.005 - 17.20.075], and may delegate that authority as appropriate. This 03 section does not limit the authority of peace officers. In this section, "department"  04 means the department that has responsibility under AS 17.20.005 or 17.20.007  05 for the particular area of regulation. 06  * Sec. 57. AS 17.20.180 is amended to read: 07 Sec. 17.20.180. Regulations. The Department of Agriculture and Food the 08 Department of Environmental Conservation, and the Department of Health and Social 09 Services may adopt regulations for the efficient enforcement of their respective 10 portions of this chapter. Each department may make the regulations conform, in so far 11 as practicable, with those adopted under the federal act. 12  * Sec. 58. AS 17.20.200(a) is amended to read: 13 (a) The commissioner of environmental conservation or an agent shall have 14 free access at reasonable hours to a factory, warehouse, or establishment in which fish  15 or fisheries products [FOODS] or cosmetics are manufactured, processed, packed, or 16 held for introduction into commerce, to enter a vehicle being used to transport or hold 17 fish or fisheries products [THESE FOODS] or cosmetics in commerce, or to an 18 aquatic farm in order to 19 (1) inspect a factory, warehouse, establishment, vehicle, or aquatic 20 farm to determine if the provisions of the commissioner's respective portions of this 21 chapter are being violated; and 22 (2) secure samples or specimens of a fish or fisheries product 23 [FOOD], aquatic farm product, or cosmetic. 24  * Sec. 59. AS 17.20.200 is amended by adding a new subsection to read: 25 (d) The commissioner of agriculture and food or the commissioner's agent 26 shall have free access at reasonable hours to a factory, warehouse, or establishment, 27 except a retail food establishment, in which agricultural food is manufactured, 28 processed, packed, or held for introduction into commerce, to enter a vehicle being 29 used to transport or hold the foods in commerce in order to 30 (1) inspect a vehicle, factory, warehouse, or establishment, except a 31 retail establishment, to determine if the provisions of the commissioner of agriculture 01 and food's respective portions of this chapter are being violated; and 02 (2) secure samples or specimens of an agricultural food. 03  * Sec. 60. AS 17.20.220(a) is amended to read: 04 (a) The commissioner of agriculture and food, the commissioner of 05 environmental conservation, and the commissioner of health and social services may 06 have published from time to time reports summarizing judgments, decrees, and court 07 orders that [WHICH] have been rendered under their respective portions of this 08 chapter, including the nature of the charge and the disposition of it. 09  * Sec. 61. AS 17.20.220(b) is amended to read: 10 (b) The commissioner of environmental conservation may disseminate 11 [HAVE DISSEMINATED] information regarding fish or fisheries products, retail  12 establishments, [FOOD] and cosmetics that [WHICH] the commissioner considers 13 necessary in the interest of public health and the protection of the consumer against 14 fraud. This section does not prohibit the commissioner from collecting, reporting, and 15 illustrating the results of the commissioner's investigations. 16  * Sec. 62. AS 17.20.220 is amended by adding a new subsection to read: 17 (d) The commissioner of agriculture and food may disseminate information 18 regarding agricultural food that the commissioner considers necessary in the interest of 19 public health and the protection of the consumer against fraud. This section does not 20 prohibit the commissioner from collecting, reporting, and illustrating the results of the 21 commissioner's investigations. 22  * Sec. 63. AS 17.20.230(a) is amended to read: 23 (a) Whenever the commissioner of environmental conservation finds or has 24 probable cause to believe that a fish or fisheries product [FOOD] or cosmetic is 25 adulterated, or so misbranded as to be dangerous or fraudulent within the meaning of 26 this chapter, the commissioner shall affix to it a tag or other appropriate marking, 27 giving notice that it is or is suspected of being adulterated or misbranded and has been 28 detained or embargoed, and warning all persons not to remove or dispose of it by sale 29 or otherwise until permission for removal or disposal is given by the commissioner or 30 the court. A person may not remove or dispose of a detained or embargoed article by 31 sale or otherwise without this permission. 01  * Sec. 64. AS 17.20.230 is amended by adding a new subsection to read: 02 (c) Whenever the commissioner of agriculture and food finds or has probable 03 cause to believe that an agricultural food is adulterated, or so misbranded as to be 04 dangerous or fraudulent within the meaning of this chapter, the commissioner shall 05 affix to it a tag or other appropriate marking, giving notice that it is or is suspected of 06 being adulterated or misbranded and has been detained or embargoed, and warning all 07 persons not to remove or dispose of it by sale or otherwise until permission for 08 removal or disposal is given by the commissioner or the court. A person may not 09 remove or dispose of a detained or embargoed article by sale or otherwise without this 10 permission. 11  * Sec. 65. AS 17.20.240 is amended to read: 12 Sec. 17.20.240. Petition for libel for condemnation. When an article detained 13 or embargoed under AS 17.20.230 has been found by the commissioner of  14 agriculture and food, the commissioner of environmental conservation, or the 15 commissioner of health and social services, as the case may be, to be adulterated or 16 misbranded, the appropriate commissioner shall petition the superior court for a libel 17 for condemnation of the article. When that commissioner finds that a detained or 18 embargoed article is not adulterated or misbranded, the commissioner shall remove the 19 tag or other marking. 20  * Sec. 66. AS 17.20.250 is amended to read: 21 Sec. 17.20.250. Destruction of adulterated or misbranded goods. If the 22 superior court finds that a detained or embargoed article is adulterated or misbranded, 23 it shall, after entry of the decree, be destroyed at the expense of the claimant, under the 24 supervision of the commissioner of agriculture and food, the commissioner of 25 environmental conservation, or the commissioner of health and social services, as the 26 case may be. Court costs and fees and storage and other proper expenses shall be taxed 27 against the claimant of the article. 28  * Sec. 67. AS 17.20.260 is amended to read: 29 Sec. 17.20.260. Exemption from destruction. When the adulteration or 30 misbranding can be corrected by proper labeling or processing of the article, and after 31 entry of the decree and after costs, fees, and expenses have been paid and a good and 01 sufficient bond, conditioned that the article will be properly labeled or processed has 02 been executed, the court may order that the article be delivered to the claimant for 03 labeling or processing under the supervision of the commissioner of agriculture and  04 food, the commissioner of environmental conservation, or the commissioner of health 05 and social services, as the case may be. The claimant shall pay the expense of 06 supervision. The bond shall be returned to the claimant of the article on representation 07 to the court by the appropriate commissioner that the article is no longer in violation of 08 this chapter, and that the expenses of supervision have been paid. 09  * Sec. 68. AS 17.20.270 is amended to read: 10 Sec. 17.20.270. Immediate destruction of contaminated food. Meat, 11 seafood, poultry, vegetable, fruit, or other perishable article in any room, building, 12 vehicle of transportation, or other structure that [WHICH] is unsound, or contains 13 filthy, decomposed, or putrid substance, or a substance that may be poisonous or 14 deleterious to health or otherwise unsafe, is a nuisance. Whenever the commissioner 15 of the department that is responsible under AS 17.20.005 or 17.20.007 for the  16 article or structure [ENVIRONMENTAL CONSERVATION] finds [SUCH] an 17 article that is a nuisance under this section, the commissioner shall immediately 18 condemn or destroy it or in any other manner render it unsalable as human food. 19  * Sec. 69. AS 17.20.280 is amended to read: 20 Sec. 17.20.280. Injunction proceedings. The commissioner of agriculture  21 and food, the commissioner of environmental conservation, and the commissioner of 22 health and social services may apply to the superior court for, and the court has 23 jurisdiction to grant, a temporary or permanent injunction restraining a person from 24 violating their respective portions of this chapter. 25  * Sec. 70. AS 17.20.290(b) is amended to read: 26 (b) The commissioner of environmental conservation or a designee of the 27 commissioner is responsible for enforcing the provisions of (a)(1) - (10) of this 28 section, if the subject of the prohibited act involves fish or fisheries products, retail  29 food establishments, [FOOD] or cosmetics, and the provisions of (a)(12) of this 30 section. This subsection does not limit the authority of peace officers. 31  * Sec. 71. AS 17.20.290 is amended by adding a new subsection to read: 01 (d) The commissioner of agriculture and food or a designee of the 02 commissioner is responsible for enforcing the provisions of (a)(1) - (10) of this 03 section, if the subject of the prohibited act involves agricultural food and does not 04 involve the inspection of retail food establishments. This subsection does not limit the 05 authority of peace officers. 06  * Sec. 72. AS 17.20.315(c) is amended to read: 07 (c) In this section, "department" means the department with the  08 responsibility for the subject of the violation under this chapter [DEPARTMENT 09 OF ENVIRONMENTAL CONSERVATION]. 10  * Sec. 73. AS 17.20.350 is amended to read: 11 Sec. 17.20.350. Report of minor violations. Nothing in this chapter requires 12 [EITHER] the commissioner of agriculture and food, the commissioner of 13 environmental conservation, or the commissioner of health and social services, as the 14 case may be, to report minor violations of their respective portions of this chapter for 15 prosecution, or for the institution of libel or injunction proceedings, when that 16 commissioner believes that the public interest will be adequately served by a suitable 17 written notice or warning. 18  * Sec. 74. AS 17.20.360 is amended to read: 19 Sec. 17.20.360. Attorney general to prosecute. The attorney general, to 20 whom the commissioner of agriculture and food, the commissioner of 21 environmental conservation, or the commissioner of health and social services, as the 22 case may be, reports a violation of this chapter, shall institute appropriate proceedings 23 in the superior court without delay and prosecute them in the manner required by law. 24  * Sec. 75. AS 17.20.370 is amended by adding new paragraphs to read: 25 (17) "agricultural food" means food, except for fish or fisheries 26 products; 27 (18) "retail food establishment" means a business that sells prepared 28 food products to the general public for consumption on or off the premises, and 29 includes a business that is, or contains on its premises, a restaurant, a delicatessen, a 30 salad bar, or a bakery. 31  * Sec. 76. AS 18.65.340(f) is amended to read: 01 (f) In this section, 02 (1) "department" means a department of state government listed in 03 AS 44.17.005(2) - (16) [AS 44.17.005(2) - (15)]; 04 (2) "firearm" does not include a firearm that has been used in a 05 homicide; 06 (3) "surplus firearm" means a firearm or ammunition that is forfeited, 07 surplus, or recovered but unclaimed. 08  * Sec. 77. AS 37.05.146(c)(55) is amended to read: 09 (55) money received by the Department of Agriculture and Food  10 and the Department of Environmental Conservation from the inspection of food under 11 AS 17.20; 12  * Sec. 78. AS 38.07.030(a) is amended to read: 13 (a) An owner of agricultural land, or a lessee from the state of agricultural 14 land, in the general vicinity of the land to be cleared or drained under AS 38.07.010(a) 15 may apply to the commissioner to have the land cleared or drained or both along with 16 the state land. The applicant's land shall be included in the contract of land to be 17 cleared or drained if, in the discretion of the commissioner, the inclusion is feasible 18 and furthers the agricultural policies of the [DIVISION OF THE] Department of 19 Agriculture and Food [NATURAL RESOURCES WITH RESPONSIBILITY FOR 20 AGRICULTURE]. 21  * Sec. 79. AS 44.17.005 is amended to read: 22 Sec. 44.17.005. Offices and departments. There are in the state government 23 the following principal offices and departments: 24 (1) Office of the Governor; 25 (2) Department of Administration; 26 (3) Department of Law; 27 (4) Department of Revenue; 28 (5) Department of Education and Early Development; 29 (6) Department of Health and Social Services; 30 (7) Department of Labor and Workforce Development; 31 (8) Department of Commerce, Community, and Economic 01 Development; 02 (9) Department of Military and Veterans' Affairs; 03 (10) Department of Natural Resources; 04 (11) Department of Fish and Game; 05 (12) Department of Public Safety; 06 (13) Department of Transportation and Public Facilities; 07 (14) Department of Environmental Conservation; 08 (15) Department of Corrections;  09 (16) Department of Agriculture and Food. 10  * Sec. 80. AS 44.37.020(a) is amended to read: 11 (a) The Department of Natural Resources shall administer the state program 12 for the conservation and development of natural resources, including forests, parks, 13 and recreational areas, land, water, [AGRICULTURE, SOIL CONSERVATION,] and 14 minerals including petroleum and natural gas, but excluding commercial fisheries, 15 sport fish, game, and fur-bearing animals in their natural state. 16  * Sec. 81. AS 44.46.020(a) is amended to read: 17 (a) The Department of Environmental Conservation shall 18 (1) have primary responsibility for coordination and development of 19 policies, programs, and planning related to the environment of the state and of the 20 various regions of the state; 21 (2) have primary responsibility for the adoption and enforcement of 22 regulations setting standards for the prevention and abatement of all water, land, 23 subsurface land, and air pollution, and other sources or potential sources of pollution 24 of the environment, including by way of example only, petroleum and natural gas 25 pipelines; 26 (3) promote and develop programs for the protection and control of the 27 environment of the state; 28 (4) take actions that are necessary and proper to further the policy 29 declared in AS 46.03.010; 30 (5) adopt regulations for 31 (A) the prevention and control of public health nuisances; 01 (B) the regulation of sanitation and sanitary practices in the 02 interest of public health under AS 03 and AS 17.20; 03 (C) standards of cleanliness and sanitation under AS 03 and  04 AS 17.20 in connection with the construction, operation, and maintenance of a 05 camp, cannery, food handling establishment, food manufacturing plant, 06 mattress manufacturing establishment, industrial plant, school, barbershop, 07 hairdressing, manicuring, esthetics, tattooing and permanent cosmetic coloring, 08 body piercing, or ear piercing establishment, soft drink establishment, beer and 09 wine dispensaries, and for other similar establishments in which lack of 10 sanitation may create a condition that causes disease; 11 (D) the regulation of quality and purity of commercially 12 compressed air sold for human respiration. 13  * Sec. 82. AS 44.46.025(a) is amended to read: 14 (a) Except as otherwise provided in AS 37.10.050 - 37.10.056, the Department 15 of Environmental Conservation may adopt regulations that prescribe reasonable fees, 16 and establish procedures for the collection of those fees, to cover the applicable direct 17 costs, not including travel except in the case of a designated regulatory service, as that 18 term is defined in AS 37.10.058, of inspections, permit preparation and administration, 19 plan review and approval, and other services provided by the department relating to 20 (1) fish or fisheries [ANIMALS AND ANIMAL] products and retail  21 food establishments under AS 03.05; fish or fisheries products, retail food 22 establishments, drugs, and cosmetics under AS 17.20; and public accommodations 23 and facilities under AS 18.35; 24 (2) certificates of inspection for motor vehicles under AS 46.14.400 or 25 46.14.510; 26 (3) drinking water systems under AS 46.03.720; 27 (4) water and wastewater operator training under AS 46.30; 28 (5) waste management and disposal authorizations under 29 AS 46.03.100; 30 (6) certification of laboratories conducting environmental analyses of 31 public drinking water systems or of oil or hazardous substances, or conducting other 01 analyses required by the department; 02 (7) certification of federal permits or authorizations under 33 U.S.C. 03 1341 (sec. 401, Clean Water Act); 04 (8) regulation of point source discharges of pollutants under the 05 program authorized by AS 46.03.020(12); 06 (9) regulation of pesticides and broadcast chemicals registered under 07 AS 46.03.320(a)(4), with a reasonable fee not to exceed $120; 08 (10) licensing of pesticide applicators under AS 46.03.320(b), with a 09 reasonable fee not to exceed $25. 10  * Sec. 83. AS 44 is amended by adding a new chapter to read: 11 Chapter 48. Department of Agriculture and Food.  12 Sec. 44.48.010. Commissioner. The principal executive officer of the 13 Department of Agriculture and Food is the commissioner of agriculture and food. 14 Sec. 44.48.020. Duties of department. (a) The department shall 15 (1) have primary responsibility for coordination and development of 16 policies, programs, and planning related to commercial agriculture in the state; 17 (2) promote and develop programs for the protection and promotion of 18 commercial agriculture in the state; 19 (3) obtain and distribute information on subjects connected with 20 commercial agriculture; 21 (4) control and regulate the entry and transportation of seeds, plants, 22 and other horticultural products into and within the state; 23 (5) control and eradicate the spread of pests injurious to plants, trees, 24 vegetables, fruit, livestock, and poultry; 25 (6) aid in developing used and unused agricultural resources; and 26 (7) experiment and determine practical methods of growing, 27 processing, soil analysis, eradication of obnoxious weeds, control of insects, and 28 cheaper and more satisfactory methods of land clearing. 29 (b) The department may adopt regulations to implement its powers and duties. 30 Sec. 44.48.030. Fees for services. (a) The department may adopt regulations 31 that establish reasonable fees, and establish procedures for the collection of those fees, 01 to cover the applicable direct costs, except for travel unless for a designated regulatory 02 service, of inspections, permit preparation, permit administration, plan review, plan 03 approval, and other services provided by the department relating to 04 (1) the department's responsibilities under AS 03; 05 (2) the department's responsibilities under AS 17.20. 06 (b) The department may not charge a fee for a service that is provided by a 07 municipality under a delegation of authority by the department to the municipality. 08 (c) Notwithstanding (a) of this section, the department may not charge a fee 09 for an inspection, permit, or other service provided by the department under AS 03.05 10 to a school. 11 (d) In this section, 12 (1) "direct cost" has the meaning given in AS 37.10.058; 13 (2) "school" means a public school or private school for children of 14 school age, or a head start center that receives federal financial assistance under 42 15 U.S.C. 9835; 16 (3) "school age" has the meaning given in AS 14.03.070. 17 Sec. 44.48.090. Definitions. In this chapter, "department" means the 18 Department of Agriculture and Food. 19  * Sec. 84. AS 44.62.330(a)(16) is amended to read: 20 (16) Department of Agriculture and Food, Department of Health and 21 Social Services, and Department of Environmental Conservation under AS 17.20 22 (Alaska Food, Drug, and Cosmetic Act), and Department of Commerce, Community, 23 and Economic Development in connection with the licensing of embalmers and 24 funeral directors under AS 08.42; 25  * Sec. 85. AS 44.62.330(a)(34) is amended to read: 26 (34) Department of Agriculture and Food [NATURAL 27 RESOURCES] concerning the Alaska grain reserve program under former AS 03.12; 28  * Sec. 86. AS 03.47.040(2); AS 03.90.010; AS 17.20.075; and AS 44.37.030 are repealed. 29  * Sec. 87. The uncodified law of the State of Alaska is amended by adding a new section to 30 read: 31 TRANSITION: REGULATIONS. The Department of Agriculture and Food, created 01 under sec. 83 of this Act, the Department of Environmental Conservation, and the Department 02 of Natural Resources may adopt, amend, and repeal regulations as necessary to implement 03 this Act. The regulations take effect under AS 44.62 (Administrative Procedure Act), but not 04 before July 1, 2014. 05  * Sec. 88. Section 87 of this Act takes effect immediately under AS 01.10.070(c). 06  * Sec. 89. Except as provided in sec. 88 of this Act, this Act takes effect July 1, 2014.