00                            SENATE BILL NO. 22                                                                          
01 "An Act relating to the sale or donation of certain food items."                                                        
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
03    * Section 1. AS 17.20 is amended by adding a new section to read:                                                  
04            Sec. 17.20.343. Home food items. (a) A home food item is not subject to                                    
05       regulation by the department under this chapter if the home food item is                                          
06                 (1)  sold at a local event on a limited local commercial basis; or                                      
07                 (2)  donated for a charitable organization's use or sale.                                               
08            (b)  If a person who sells or provides a home food item at a local event on a                                
09       limited local commercial basis shall clearly identify the home food item and provide                              
10       information by which a person can contact the person who grew or processed the                                    
11       home food item.                                                                                                   
12            (c)  If a person grows, prepares, or processes a home food item for sale on a                                
13       limited local commercial basis or for donation to a charitable organization for use or                            
14       sale and owns the home, garden, or farm where the home food item is grown,                                        
15       prepared, or processed, the person is liable to a person who consumes the home food                               

01       item for the quality and safety of the home food item.                                                            
02            (d)  If a person consumes a home food item that has been opened, stored,                                     
03       served, or sold at a local event on a limited local commercial basis, a person who                                
04       opened, stored, served, or sold the home food item at the local event or the person who                           
05       owns the home, garden, or farm where the home food item was grown, prepared, or                                   
06       processed is liable for the quality and safety of the home food item to the person who                            
07       consumed the home food item.                                                                                      
08            (e)  A person who suffers injuries from consuming a home food item may                                       
09       bring an action in superior court against a person who is liable under (c) or (d) of this                         
10       section to recover damages for the injuries.                                                                      
11            (f)  This section only applies to a home food item if, without the application of                            
12       (a) of this section, the home food item would otherwise be regulated by the department                            
13       under this chapter, except that this section does not apply to a home food item if the                            
14       department has delegated regulation of the home food item under this chapter to a                                 
15       municipality.                                                                                                     
16            (g)  In this section,                                                                                        
17                 (1)  "charitable organization" means a person who is exempt from                                        
18       federal taxation under 26 U.S.C. 501(c) (Internal Revenue Code), but does not include                             
19       a food bank under AS 17.20.345 - 17.20.347;                                                                       
20                 (2)  "department" means the Department of Environmental                                                 
21       Conservation;                                                                                                     
22                 (3)  "home food item" means a food item that is grown or processed in                                   
23       a private home, a private garden, or on a farm, but does not include food donated to a                            
24       food bank under AS 17.20.345 - 17.20.347;                                                                         
25                 (4)  "limited local commercial basis" means direct sale to the public, or                               
26       to small distributors, in the community, neighborhood, or traditional economic area                               
27       where the home food item is grown, prepared, or processed;                                                        
28                 (5)  "local event" includes a fair, a festival, or a community market;                                  
29                 (6)  "person" does not include a donor under AS 17.20.345 - 17.20.347;                                  
30                 (7)  "use" includes sale.