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 AS 03.58.010 is repealed and reenacted to read: 06 Sec. 03.58.010.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).