Enrolled SB 25: Relating to labeling and identification of genetically modified fish and fish products.
00Enrolled SB 25 01 Relating to labeling and identification of genetically modified fish and fish products. 02 _______________ 03 * Section 1. AS 17.20.040 is amended to read: 04 Sec. 17.20.040. Misbranded foods. (a) Food is misbranded if 05 (1) its labeling is false or misleading in any particular; 06 (2) it is offered for sale under the name of another food; 07 (3) it is an imitation of another food, unless its label bears, in type of 08 uniform size and prominence, the word "imitation" and, immediately thereafter, the 09 name of the food imitated; 10 (4) its container is made, formed, or filled so as to be misleading; 11 (5) it is in package form unless it bears a label containing (A) the name 12 and place of business of the manufacturer, packer, or distributor; and (B) an accurate 13 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, advertisement, or identification of the food is 17 inconsistent with the labeling, advertisement, or identification provisions of 18 AS 17.20.048 or 17.20.049; 19 (14) the food is a genetically modified fish or genetically modified 20 fish product unless 21 (A) the food is conspicuously labeled to identify the fish or 22 fish product as a genetically modified fish or fish product if the fish or fish 23 product is sold in a packaged form; or 24 (B) the food is conspicuously identified as a genetically 25 modified fish or fish product if the fish or fish product is sold in an 26 unpackaged form. 27 (b) In [(a)(12) OF] this section, 28 (1) "farmed halibut, salmon, or sablefish product" means a food 29 product that contains halibut, salmon, or sablefish that is propagated, farmed, or 30 cultivated in a facility that grows, farms, or cultivates finfish in captivity or under 31 positive control but that is not a salmon hatchery that is owned by the state or that
01 holds a salmon hatchery permit under AS 16.10.400; in this paragraph 02 [SUBSECTION], "positive control" has the meaning given in AS 16.40.199; 03 (2) "genetically modified fish" means 04 (A) a finfish or shellfish whose genetic structure has been 05 altered at the molecular level by means that are not possible under natural 06 conditions or processes, including recombinant DNA and RNA techniques, 07 cell fusion, gene deletion or doubling, introduction of exogenous genetic 08 material, alteration of the position of a gene, or similar procedure; 09 (B) the progeny of a finfish or shellfish described in (A) of 10 this paragraph; 11 (3) "genetically modified fish product" means a product prepared 12 from a genetically modified fish.