Enrolled SB 282: Relating to the identification of finfish in food products and to the misbranding of food products consisting of or containing finfish.
00Enrolled SB 282 01 Relating to the identification of finfish in food products and to the misbranding of food 02 products consisting of or containing finfish. 03 _______________ 04 * Section 1. AS 17.20.040(a) is amended to read: 05 (a) 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 make it likely to be read and understood by 08 the ordinary individual under customary conditions of purchase and use; 09 (7) it purports to be or is represented as a food for which a definition 10 and standard of identity has been prescribed by regulations as provided by 11 AS 17.20.010, unless (A) it conforms to the definition and standard, and (B) its label 12 bears the name of the food specified in the definition and standard and the common 13 names of optional ingredients other than spices, flavoring, and coloring present in the 14 food as required by regulation; 15 (8) it purports to be or is represented as (A) a food for which a 16 standard of quality has been prescribed by regulations, and its quality falls below that 17 standard, unless its label bears, in the manner and form the regulations specify, a 18 statement that it falls below that standard; or (B) a food for which a standard of fill of 19 container has been prescribed by regulation as provided by AS 17.20.010 and it falls 20 below the applicable standard of fill of container, unless its label bears, in the manner 21 and form as the regulations specify, a statement that it falls below that standard; 22 (9) it is not subject to the provisions of (7) of this subsection, unless it 23 bears labeling clearly giving (A) the common or usual name of the food, if any, and 24 (B) in case it is fabricated from two or more ingredients, the common or usual name of 25 each ingredient; except that, however, spices, flavorings, and colorings, other than 26 those sold as such, may be designated as spices, flavorings, and colorings, without 27 naming each; however, to the extent that compliance with the requirements of (B) of 28 this paragraph is impracticable, or results in deception or unfair competition, 29 exemptions shall be established by regulations adopted by the department, but the 30 requirements of (B) of this paragraph do not apply to food products that are packaged 31 at the direction of purchasers at retail at the time of sale, the ingredients of which are
01 disclosed to the purchasers by other means in accordance with regulations adopted by 02 the department; 03 (10) it purports to be or is represented for special dietary uses, unless 04 its label bears information concerning its vitamin, mineral, and other dietary properties 05 the commissioner determines to be, and by regulations prescribes as, necessary in 06 order fully to inform purchasers as to its value for those uses; 07 (11) it bears or contains artificial flavoring, artificial coloring, or 08 chemical preservative, unless it bears labeling stating that fact; however, to the extent 09 that compliance with the requirements of this paragraph is impracticable, exemption 10 shall be established by regulations adopted by the department; 11 (12) the food is a farmed halibut, salmon, or sablefish product, unless 12 (A) the product is labeled to identify the product as farmed fish 13 raised outside the state, if the product is sold in a packaged form; or 14 (B) the product is conspicuously identified as farmed fish 15 raised outside the state, if the product is sold in an unpackaged form; 16 (13) the labeling, [OR] advertisement, or identification of the food is 17 inconsistent with the labeling, [OR] advertisement, or identification provisions of 18 AS 17.20.048 or 17.20.049. 19 * Sec. 2. AS 17.20 is amended by adding a new section to read: 20 Sec. 17.20.049. Required identification of fish by retail food 21 establishment. (a) Notwithstanding AS 17.20.048, a retail food establishment shall 22 state on the menu of prepared food products that it is selling whether the fish in a 23 prepared food product is wild fish or farmed fish. 24 (b) In this section, 25 (1) "farmed fish" means fish that is propagated, farmed, or cultivated 26 in a facility that grows, farms, or cultivates the fish in captivity or under positive 27 control but that is not a salmon hatchery that is owned by the state or that holds a 28 salmon hatchery permit under AS 16.10.400; in this paragraph, "positive control" has 29 the meaning given in AS 16.40.199; 30 (2) "fish" means finfish; 31 (3) "prepared food product" means a food product that has been
01 prepared by the retail food establishment selling the food product or by another person 02 at the direction of the retail food establishment; 03 (4) "retail food establishment" means a business that sells prepared 04 food products to the general public for consumption on or off the premises, and 05 includes a business that is, or contains on its premises, a restaurant, a delicatessen, a 06 salad bar, or a bakery; "retail food establishment" does not include an establishment 07 that is provided by 08 (A) an employer primarily for the employees of the employer; 09 (B) a school primarily for the students and employees of the 10 school; or 11 (C) a correctional facility primarily for persons held under 12 official detention; 13 (5) "wild fish" means a fish that 14 (A) is harvested from a river, a lake, or an ocean; 15 (B) has not been raised in captivity under control for its entire 16 life; and 17 (C) is free from added colors and additives.