HCS CSSB 208(RES): "An Act relating to the labeling of, the advertising of, the identification of, and the disclosure of certain information about halibut, salmon, sablefish, halibut products, salmon products, and sablefish products."
00 HOUSE CS FOR CS FOR SENATE BILL NO. 208(RES) 01 "An Act relating to the labeling of, the advertising of, the identification of, and the 02 disclosure of certain information about halibut, salmon, sablefish, halibut products, 03 salmon products, and sablefish products." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 17.20.040 is amended to read: 06 Sec. 17.20.040. Misbranded foods. Food is misbranded if 07 (1) its labeling is false or misleading in any particular; 08 (2) it is offered for sale under the name of another food; 09 (3) it is an imitation of another food, unless its label bears, in type of 10 uniform size and prominence, the word "imitation" and, immediately thereafter, the 11 name of the food imitated; 12 (4) its container is made, formed, or filled so as to be misleading; 13 (5) it is in package form unless it bears a label containing (A) the name 14 and place of business of the manufacturer, packer, or distributor; and (B) an accurate
01 statement of the quantity of the contents in terms of weight, measure, or numerical 02 count; however, under (B) of this paragraph, reasonable variations are permitted, and 03 exemptions for small packages shall be established by regulations prescribed by the 04 department; 05 (6) a word, statement, or other information required by or under 06 authority of this chapter to appear on the label or labeling is not prominently placed 07 with the conspicuousness (as compared with other words, statements, designs, or 08 devices, in the labeling) and in terms that [WHICH] make it likely to be read and 09 understood by the ordinary individual under customary conditions of purchase and 10 use; 11 (7) it purports to be or is represented as a food for which a definition 12 and standard of identity has been prescribed by regulations as provided by 13 AS 17.20.010, unless (A) it conforms to the definition and standard, and (B) its label 14 bears the name of the food specified in the definition and standard and the common 15 names of optional ingredients other than spices, flavoring, and coloring present in the 16 food as required by regulation; 17 (8) it purports to be or is represented as (A) a food for which a 18 standard of quality has been prescribed by regulations, and its quality falls below that 19 standard, unless its label bears, in the manner and form the regulations specify, a 20 statement that it falls below that standard; or (B) a food for which a standard of fill of 21 container has been prescribed by regulation as provided by AS 17.20.010 and it falls 22 below the applicable standard of fill of container, unless its label bears, in the manner 23 and form as the regulations specify, a statement that it falls below that standard; 24 (9) it is not subject to the provisions of (7) of this subsection 25 [SECTION], unless it bears labeling clearly giving (A) the common or usual name of 26 the food, if any, and (B) in case it is fabricated from two or more ingredients, the 27 common or usual name of each ingredient; except that, however, spices, flavorings, 28 and colorings, other than those sold as such, may be designated as spices, flavorings, 29 and colorings, without naming each; however, to the extent that compliance with the 30 requirements of (B) of this paragraph is impracticable, or results in deception or unfair 31 competition, exemptions shall be established by regulations adopted
01 [PROMULGATED] by the department, but the requirements of (B) of this paragraph 02 do not apply to food products that [WHICH] are packaged at the direction of 03 purchasers at retail at the time of sale, the ingredients of which are disclosed to the 04 purchasers by other means in accordance with regulations adopted by the department; 05 (10) it purports to be or is represented for special dietary uses, unless 06 its label bears information concerning its vitamin, mineral, and other dietary properties 07 the commissioner determines to be, and by regulations prescribes as, necessary in 08 order fully to inform purchasers as to its value for those 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 extent 11 that compliance with the requirements of this paragraph is impracticable, exemption 12 shall be established by regulations adopted by the department; 13 (12) the food is a farmed halibut, salmon, or sablefish product, unless 14 (A) the product is labeled to identify the product as farmed fish 15 raised outside the state, if the product is sold in a packaged form; or 16 (B) the product is conspicuously identified as farmed fish 17 raised outside the state, if the product is sold in an unpackaged form; 18 (13) the labeling or advertisement of the food is inconsistent with 19 the labeling or advertisement provisions of AS 17.20.048. 20 * Sec. 2. AS 17.20.040 is amended by adding a new subsection to read: 21 (b) In (a)(12) of this section, "farmed halibut, salmon, or sablefish product" 22 means a food product that contains halibut, salmon, or sablefish that is propagated, 23 farmed, or cultivated in a facility that grows, farms, or cultivates finfish in captivity or 24 under positive control but that is not a salmon hatchery that is owned by the state or 25 that holds a salmon hatchery permit under AS 16.10.400; in this subsection, "positive 26 control" has the meaning given in AS 16.40.199. 27 * Sec. 3. AS 17.20 is amended by adding a new section to read: 28 Sec. 17.20.048. Labeling and advertisement of halibut, salmon, and 29 sablefish products. (a) A person who sells halibut, salmon, or sablefish products at 30 wholesale or retail in this state may label or advertise the product as being or 31 containing a "wild" halibut, salmon, or sablefish product, an "antibiotic-free" halibut,
01 salmon, or sablefish product, or a "hormone-free" halibut, salmon, or sablefish 02 product, and may indicate that the product or the halibut, salmon, or sablefish in the 03 product is free from added colors and additives, if the product or the halibut, salmon, 04 or sablefish in the product 05 (1) is harvested from a river or an ocean; 06 (2) has not been raised in captivity under control for its entire life; and 07 (3) is free from added colors and additives. 08 (b) The labeling or advertising allowed for a halibut, salmon, or sablefish 09 product by (a) of this section may appear on the principal display panel of a packaged 10 product, may be conspicuously attached to the container of a bulk product, or may 11 appear in an advertisement for the product, including media advertising and displays 12 or placards posted in retail stores. In this subsection, "principal display panel" means 13 the part of a label that is most likely to be displayed, presented, shown, or examined 14 under normal and customary conditions of display for sale. 15 (c) In this section, "halibut, salmon, or sablefish product" means halibut, 16 salmon, or sablefish, or a product made from halibut, salmon, or sablefish. 17 * Sec. 4. AS 17.20.370(9) is repealed.