00                    CS FOR SENATE BILL NO. 208(L&C) am                                                                  
01 "An Act relating to the labeling of, the advertising of, and the disclosure of certain                                  
02 information about halibut, salmon, halibut products, and salmon products."                                              
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1.  AS 17.20.040 is amended to read:                                                                     
05            Sec. 17.20.040.  Misbranded foods.  Food is misbranded if                                                  
06                 (1)  its labeling is false or misleading in any particular;                                             
07                 (2)  it is offered for sale under the name of another food;                                             
08                 (3)  it is an imitation of another food, unless its label bears, in type of                             
09       uniform size and prominence, the word "imitation" and, immediately thereafter, the                                
10       name of the food imitated;                                                                                        
11                 (4)  its container is made, formed, or filled so as to be misleading;                                   
12                 (5)  it is in package form unless it bears a label containing (A) the name                              
13       and place of business of the manufacturer, packer, or distributor; and (B) an accurate                            
14       statement of the quantity of the contents in terms of weight, measure, or numerical                               

01       count; however, under (B) of this paragraph, reasonable variations are permitted, and                         
02       exemptions for small packages shall be established by regulations prescribed by the                               
03       department;                                                                                                       
04                 (6)  a word, statement, or other information required by or under                                       
05       authority of this chapter to appear on the label or labeling is not prominently placed                            
06       with the conspicuousness (as compared with other words, statements, designs, or                                   
07       devices, in the labeling) and in terms that [WHICH] make it likely to be read and                             
08       understood by the ordinary individual under customary conditions of purchase and                                  
09       use;                                                                                                              
10                 (7)  it purports to be or is represented as a food for which a definition                               
11       and standard of identity has been prescribed by regulations as provided by                                        
12       AS 17.20.010, unless (A) it conforms to the definition and standard, and (B) its label                            
13       bears the name of the food specified in the definition and standard and the common                                
14       names of optional ingredients other than spices, flavoring, and coloring present in the                           
15       food as required by regulation;                                                                                   
16                 (8)  it purports to be or is represented as (A) a food for which a                                      
17       standard of quality has been prescribed by regulations, and its quality falls below that                          
18       standard, unless its label bears, in the manner and form the regulations specify, a                               
19       statement that it falls below that standard; or (B) a food for which a standard of fill of                        
20       container has been prescribed by regulation as provided by AS 17.20.010 and it falls                              
21       below the applicable standard of fill of container, unless its label bears, in the manner                         
22       and form as the regulations specify, a statement that it falls below that standard;                               
23                 (9)  it is not subject to the provisions of (7) of this section, unless it                              
24       bears labeling clearly giving (A) the common or usual name of the food, if any, and                               
25       (B) in case it is fabricated from two or more ingredients, the common or usual name of                            
26       each ingredient; except that, however, spices, flavorings, and colorings, other than                      
27       those sold as such, may be designated as spices, flavorings, and colorings, without                               
28       naming each; however, to the extent that compliance with the requirements of (B) of                               
29       this paragraph is impracticable, or results in deception or unfair competition,                                   
30       exemptions shall be established by regulations promulgated by the department, but the                             
31       requirements of (B) of this paragraph do not apply to food products that [WHICH] are                          

01       packaged at the direction of purchasers at retail at the time of sale, the ingredients of                         
02       which are disclosed to the purchasers by other means in accordance with regulations                               
03       adopted by the department;                                                                                        
04                 (10)  it purports to be or is represented for special dietary uses, unless                              
05       its label bears information concerning its vitamin, mineral, and other dietary properties                         
06       the commissioner determines to be, and by regulations prescribes as, necessary in                                 
07       order fully to inform purchasers as to its value for those uses;                                                  
08                 (11)  it bears or contains artificial flavoring, artificial coloring, or                                
09       chemical preservative, unless it bears labeling stating that fact; however, to the extent                         
10       that compliance with the requirements of this paragraph is impracticable, exemption                               
11       shall be established by regulations adopted by the department;                                                    
12                 (12)  the food is a farmed halibut or salmon product, unless                                        
13                      (A)  the product is labeled to identify the product as farmed fish                                 
14            raised outside the state, if the product is sold in a packaged form; or                                      
15                      (B)  the product is conspicuously identified as farmed fish                                        
16            raised outside the state, if the product is sold in an unpackaged form;                                  
17                 (13)  the labeling or advertisement of the food is inconsistent with                                
18       the labeling or advertisement provisions of AS 17.20.048.                                                     
19    * Sec. 2.  AS 17.20 is amended by adding a new section to read:                                                    
20            Sec. 17.20.048.  Labeling and advertisement of halibut and salmon                                          
21       products.  (a)  A person who sells halibut or salmon products at wholesale or retail in                         
22       this state may label or advertise the product as being or containing a "wild" halibut or                          
23       salmon product, an "antibiotic-free" halibut or salmon product, or a "hormone-free"                               
24       halibut or salmon product, and may indicate that the product or the halibut or salmon                             
25       in the product is free from added colors and additives, if the product or the halibut or                          
26       salmon in the product is                                                                                          
27                 (1)  harvested from a river or an ocean;                                                                
28                 (2)  has not been raised in captivity under control for its entire life; and                            
29                 (3)  is free from added colors and additives.                                                           
30            (b)  The labeling or advertising allowed for a halibut or salmon product by (a)                              
31       of this section may appear on the principal display panel of a packaged product, may                              

01       be conspicuously attached to the container of a bulk product, or may appear in an                                 
02       advertisement for the product, including media advertising and displays or placards                               
03       posted in retail stores.  In this subsection, "principal display panel" means the part of a                       
04       label that is most likely to be displayed, presented, shown, or examined under normal                             
05       and customary conditions of display for sale.                                                                     
06            (c)  In this section, "halibut or salmon product" means halibut, salmon, a                                   
07       halibut product, or a salmon product.