SCS CSHB 110(L&C): "An Act relating to the labeling of milk, cream, or any product or byproduct of milk or cream."

00SENATE CS FOR CS FOR HOUSE BILL NO. 110(L&C) 01 "An Act relating to the labeling of milk, cream, or any product or byproduct 02 of milk or cream." 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 grading of milk and milk 06 products and standards of sanitation for dairies offering to the public or selling milk 07 or milk products to at least the minimum of current recommendations of the United 08 States Public Health Service pasteurized milk ordinance as it may periodically be 09 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 a new section to read: 26  Sec. 17.20.013. Hormone labeling for milk products. (a) Products offered 27 for wholesale or retail sale in this state that contain milk, cream, or any product or 28 byproduct of milk or cream and that have been processed and handled under the 29 requirements of this section may be labeled "Milk in this product is from cows not 30 treated with rBGH" or "Milk in this product is from cows not treated with rBST." 31 Labeling of milk products under this section may also include an indication that the

01 milk used is "farmer certified rBGH-free" or "farmer certified rBST-free." If a milk 02 product label contains the rBGH or rBST language allowed under this subsection, the 03 label must also state "No significant difference has been shown between milk derived 04 from rBST treated and non-rBST treated cows." Milk products offered for wholesale 05 or retail sale in this state are not required to contain any further label information 06 related to the use of rBGH or rBST in milk products. 07  (b) The labeling described in (a) of this section may appear on the principal 08 display panel of a packaged milk product, may be conspicuously attached to the 09 container of a bulk product, or may appear in an advertisement for a milk product, 10 including media advertising or displays or placards posted in retail stores. In this 11 subsection, 12  (1) "advertisement" means the representations disseminated in any 13 manner or by any means, other than by labeling, for the purpose of inducing, or that 14 are likely to induce, directly or indirectly, the purchase of the milk product; 15  (2) "principal display panel" means that part of a label that is most 16 likely to be displayed, presented, shown, or examined under normal and customary 17 conditions of display for sale. 18  (c) A dairy plant that purchases milk or cream to be used in milk products 19 labeled under (a) of this section shall require an affidavit from producers supplying the 20 milk. The producer or authorized representative of the producer shall sign the 21 affidavit, and the affidavit must state that all cows used in the producer's dairy 22 operations have not and will not be treated with rBGH without advance written notice 23 to the dairy plant of at least 30 days. 24  (d) The affidavit required under (c) of this section must contain 25  (1) the name and address of the producer; 26  (2) the grade A milk permit number of the producer; 27  (3) the name of the producer's farm and its address if different from 28 the address of the producer; 29  (4) the telephone number of the producer; 30  (5) the name of the dairy plant receiving the milk; and 31  (6) a statement in substantially the following form:

01  State of Alaska ) 02  ) ss: 03  _________ Judicial District ) 04 I, _________________________________, as the owner or permit 05 holder responsible for the dairy farm operation identified above, hereby 06 certify as follows: 07  (A) that no animals on the above farm are currently 08 being treated with recombinant bovine somatotropin (rBST), also known 09 as recombinant bovine growth hormone (rBGH); 10  (B) that no animals on the above farm have received 11 rBST treatments within the past 30 days; 12  (C) that I will provide written notice to the buyer of my 13 milk at least thirty (30) days in advance if I intend to use rBST on my 14 dairy cattle; and 15  (D) that I will not sell milk from animals added to my 16 herd if those animals may have received rBST treatment within the 17 previous 30 days. 18 I declare, under oath, that the above statement is true and correct to the 19 best of my knowledge. 20 Producer Signature ___________________________________ 21 Subscribed and sworn to or affirmed before me at 22 _______________________ on _________________________. 23  (date) 24  __________________________________ 25  Notary Public 26  My Commission Expires_____________ 27  (e) A dairy plant shall keep the original affidavit provided under (c) of this 28 section on file for a period of not less than two years. The affidavit and corresponding 29 records shall be made available for inspection by the commissioner. If the milk 30 product is to be labeled under (a) of this section, dairy plants supplying milk or cream 31 to a processor or to a manufacturer of a milk product for use in the milk product shall

01 supply the processor or manufacturer with a certificate stating that the producers of the 02 supplied milk or cream have executed and delivered the affidavits as required by (c) 03 of this section. 04  (f) All milk or cream from non-rBGH-treated cows used in the manufacturing 05 or processing of milk products labeled under (a) of this section, and milk or cream 06 supplied by a producer using an affidavit under (c) of this section, shall be kept 07 completely separate from any other milk or cream throughout all stages of storage, 08 transportation, and processing until the resulting milk products are in final packaged 09 form in a properly labeled container. The dairy plant and the processor or 10 manufacturer at each stage shall keep records of the separation and make them 11 available to the commissioner for inspection. 12  (g) In this section, 13  (1) "milk product" means any product that contains milk, cream, or any 14 product or byproduct of milk or cream; 15  (2) "recombinant bovine growth hormone" or "rBGH" means a growth 16 hormone that is intended for use in bovine animals and that has been produced through 17 recombinant DNA techniques described as "recombinant bovine somatotropin" or 18 "rBST."