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SB 184: "An Act relating to the sale, offer for sale, representation, and labeling of food or other agricultural products as organic, and to the state organic certification program; and providing for an effective date."

00                             SENATE BILL NO. 184                                                                         
01 "An Act relating to the sale, offer for sale, representation, and labeling of food or other                             
02 agricultural products as organic, and to the state organic certification program; and                                   
03 providing for an effective date."                                                                                       
04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
05    * Section 1.  AS 03.58.010 is repealed and reenacted to read:                                                      
06            Sec. 03.58.010.  Prohibition.  A person may not sell, offer for sale, represent,                           
07       or label a raw or processed agricultural product, including ingredients, as "organic"                             
08       unless the product has been produced, handled, and certified under 7 U.S.C. 6501 -                                
09       6522, as amended, or under the state organic certification program established under                              
10       AS 03.58.015.                                                                                                     
11    * Sec. 2.  AS 03.58 is amended by adding a new section to read:                                                    
12            Sec. 03.58.015.  State organic certification program.  (a)  The department                                 
13       may establish a state organic certification program for producers and handlers of                                 
14       agricultural products within the state that meets the requirements for approval under 7                           
01       U.S.C. 6501 - 6522, as amended.                                                                                   
02            (b)  The department may apply under 7 U.S.C. 6514, as amended, for                                           
03       accreditation as a certifying agent under 7 U.S.C. 6501 - 6522, as amended.                                       
04    * Sec. 3.  AS 03.58.050 is amended to read:                                                                        
05            Sec. 03.58.050.  Regulations.  The department may adopt regulations under                                  
06       AS 44.62 (Administrative Procedure Act) to carry out this chapter, including                                  
07       regulations to establish reasonable fees for services provided by the department                              
08       [A REGULATION THAT LISTS AND PERIODICALLY UPDATES                                                                 
09       SUBSTANCES UNDER AS 03.58.010(a)].                                                                                
10    * Sec. 4.  AS 03.58.060(b) is amended to read:                                                                     
11            (b)  If a person violates this chapter or [,] a regulation adopted under this                            
12       chapter, [OR AN ORDER ISSUED UNDER (a) OF THIS SECTION,] the person is                                            
13       liable to the state for                                                                                       
14                 (1)  [LIABLE TO THE STATE FOR] a civil fine established by the                                      
15       department by regulation [THAT DOES NOT EXCEED THE TOTAL OF $1,000]                                           
16       plus the state's estimated costs of investigating and taking appropriate administrative                           
17       and enforcement actions for the violation, including attorney fees;                                           
18                 (2)  [LIABLE TO THE STATE FOR] an additional civil penalty of                                           
19       three times the value of the product knowingly sold in violation of this chapter.                                 
20    * Sec. 5.  AS 03.58.060(c) is amended to read:                                                                     
21            (c)  The provisions of this section are in addition to the remedies available                                
22       under AS 45.50.471 - 45.50.561 and federal statute and regulation.                                            
23    * Sec. 6.  AS 03.58 is amended by adding a new section to read:                                                    
24            Sec. 03.58.065.  Applicability.  This chapter does not apply to meat, fish, or                             
25       poultry.                                                                                                          
26    * Sec. 7.  AS 03.58.030(b) and 03.58.070 are repealed.                                                             
27    * Sec. 8.  The uncodified law of the State of Alaska is amended by adding a new section to                         
28 read:                                                                                                                   
29       TRANSITION:  REGULATIONS.  The Department of Natural Resources may                                                
30 proceed to adopt regulations to implement the changes made by this Act.  The regulations                                
31 take effect under AS 44.62 (Administrative Procedure Act), but not before the effective date                            
01 of secs. 1 - 7 of this Act.                                                                                             
02    * Sec. 9.  The uncodified law of the State of Alaska is amended by adding a new section to                         
03 read:                                                                                                                   
04       REVISOR'S INSTRUCTION.  The revisor of statutes is instructed to change the                                       
05 heading of AS 03.58 from "Sale of Organic Foods" to "Organic Food and Agricultural                                      
06 Products."                                                                                                              
07    * Sec. 10.  Section 8 of this Act takes effect immediately under AS 01.10.070(c).