HB 110: "An Act relating to the sale, offer to sell, and labeling of fluid milk, meat, and meat products."
00HOUSE BILL NO. 110 01 "An Act relating to the sale, offer to sell, and labeling of fluid milk, meat, and 02 meat products." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 17.20.005 is amended to read: 05 Sec. 17.20.005. Powers and duties of commissioner. To carry out the 06 requirements of this chapter, the commissioner may issue orders, regulations, permits, 07 quarantines, and embargoes relating to 08 (1) food offered to the public or sold, including 09 (A) inspection of meat, fish, poultry, and other food products; 10 (B) standards of sanitation and handling methods for all phases 11 of slaughtering, processing, storing, transporting, displaying, and selling; and 12 (C) labeling; 13 (2) control and eradication of pests; 14 (3) enforcement of hazard analysis critical control point programs for
01 seafood processing that are developed in cooperation with appropriate industry 02 representatives or, to the extent not inconsistent with this chapter or regulations 03 adopted under the authority of this chapter, that are established by regulations of the 04 United States Food and Drug Administration as they may periodically be revised; 05 (4) labeling , subject to AS 17.20.013 and 17.20.015, and grading of 06 milk and milk products and standards of sanitation for dairies offering to the public 07 or selling milk or milk products to at least the minimum of current recommendations 08 of the United States Public Health Service pasteurized milk ordinance as it may 09 periodically be revised; 10 (5) standards and conditions for the operation and siting of aquatic 11 farms and related hatcheries, including 12 (A) restrictions on the use of chemicals; and 13 (B) requirements to protect the public from contaminated 14 aquatic farm products that pose a risk to health; 15 (6) monitoring aquatic farms and aquatic farm products to ensure 16 compliance with this chapter and, to the extent not inconsistent with this chapter or 17 regulations adopted under the authority of this chapter, with the requirements of the 18 national shellfish sanitation program manual of operations published by the United 19 States Food and Drug Administration as it may periodically be revised; 20 (7) tests and analyses that may be made and hearings that may be held 21 to determine whether the commissioner will issue a stop order or quarantine; 22 (8) transportation of, use of, disposal of, recalls of, or warnings 23 concerning quarantined or embargoed items; 24 (9) cooperation with federal and other state agencies. 25 * Sec. 2. AS 17.20 is amended by adding new sections to read: 26 Sec. 17.20.013. Milk date labeling. A person who regularly engages in the 27 business of bottling or selling fluid milk may not sell or offer to sell the fluid milk 28 unless the milk container is conspicuously and legibly marked with a date that is 18 29 days after the date of ultrapasteurization or high-temperature pasteurization of the milk 30 and unless the date of sale or offer to sell is before or on that date. In this section, 31 "fluid milk" does not include canned fluid milk.
01 Sec. 17.20.015. Nonuse of synthetic hormones. (a) A person who regularly 02 engages in the business of bottling or selling fluid milk may state on the container of 03 fluid milk whose production was not induced by synthetic hormones that the 04 production of the milk was not induced by synthetic hormones. The person may not 05 sell, offer to sell, or bottle fluid milk with a label that states that the production of the 06 milk was not induced by synthetic hormones if the production of the milk was induced 07 by synthetic hormones. In this subsection, "fluid milk" does not include canned fluid 08 milk. 09 (b) A person who engages regularly in the production, packaging, or sale of 10 meat whose production was not induced by synthetic hormones may state on the 11 package of meat that the production of the meat was not induced by synthetic 12 hormones. The person may not sell, offer to sell, or package meat with a label that 13 states that the production of the meat was not induced by synthetic hormones if the 14 production of the meat was induced by synthetic hormones. 15 (c) A person who engages regularly in the production, packaging, or sale of 16 meat products may state on the package of meat that the production of the meat 17 ingredients in the meat product was not induced by synthetic hormones if the 18 production of the meat ingredients was not induced by synthetic hormones. The 19 person may not sell, offer to sell, or package meat products with a label that states that 20 the production of the meat ingredients in the meat product was not induced by 21 synthetic hormones if the production of the meat ingredients was induced by synthetic 22 hormones. 23 * Sec. 3. AS 17.20.305 is amended to read: 24 Sec. 17.20.305. Penalty for violation. A person who with criminal negligence 25 violates a provision of this chapter or a regulation, order, quarantine, embargo, or 26 recall made under authority of this chapter, or violates a provision of a permit issued 27 under this chapter, is guilty of a class A misdemeanor for each offense. In this 28 section, 29 (1) "criminal negligence" has the meaning given in AS 11.81.900 ; 30 (2) "person," for the purpose of a violation of 31 (A) AS 17.20.013, does not include an employee, while acting
01 in the capacity of an employee, of a business that sells or bottles fluid milk 02 unless the employee also owns 10 percent or more of the business; 03 (B) AS 17.20.015(a), does not include an employee, while 04 acting in the capacity of an employee, of a business that sells or bottles the 05 fluid milk unless the employee also owns 10 percent or more of the 06 business; 07 (C) AS 17.20.015(b), does not include an employee, while 08 acting in the capacity of an employee, of a business that produces, 09 packages, or sells the meat unless the employee also owns 10 percent or 10 more of the business; 11 (D) AS 17.20.015(c), does not include an employee, while 12 acting in the capacity of an employee, of a business that produces, 13 packages, or sells meat products unless the employee also owns 10 percent 14 or more of the business .