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HB 191: "An Act establishing a state department of agriculture and food and relating to its powers and duties; relating to the powers and duties of the Department of Environmental Conservation and the Department of Natural Resources; and providing for an effective date."

00                             HOUSE BILL NO. 191                                                                          
01 "An Act establishing a state department of agriculture and food and relating to its                                     
02 powers and duties; relating to the powers and duties of the Department of                                               
03 Environmental Conservation and the Department of Natural Resources; and providing                                       
04 for an effective date."                                                                                                 
05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
06    * Section 1. AS 03.05.010 is amended to read:                                                                      
07            Sec. 03.05.010. Powers and duties: agricultural products [OF                                             
08       COMMISSIONER OF NATURAL RESOURCES]. (a) The commissioner [OF                                                    
09       NATURAL RESOURCES] shall                                                                                          
10                 (1)  direct, administer, and supervise promotional and experimental                                     
11       work, extension services, and agricultural projects for the purpose of promoting and                              
12       developing the agricultural industry within the state, including such fields as                               
13       horticulture, dairying, cattle raising, fur farming, grain production, vegetable                                  
14       production, and development of other agricultural products;                                                       
01                 (2)  procure and preserve all information pertaining to the development                                 
02       of the agricultural industry and disseminate that information to the public;                                      
03                 (3)  assist prospective settlers and others desiring to engage in the                                   
04       agricultural industry in the state with information concerning areas suitable for                                 
05       agriculture, food storage, food processing, sustainable and renewable farming                                 
06       practices, and other activities and programs essential to the development of the                              
07       agricultural industry in the state;                                                                               
08                 (4)  review the marketing, financing, and development of agricultural                                   
09       products inside the state including transportation, with special emphasis upon local                              
10       production, and negotiate for the marketing of agricultural products of the state with                            
11       federal and state agencies operating in the state;                                                                
12                 (5)  regulate and control the entry into the state and the transportation,                              
13       sale, or use inside the state of plants, seeds, vegetables, shell eggs, fruits and berries,                       
14       nursery stock, animal feeds, remedies and mineral supplements, fertilizers, and                                   
15       agricultural chemicals in order to prevent the spread of pests, diseases, or toxic                                
16       substances injurious to the public interest, and to protect the agricultural industry                             
17       against fraud, deception, and misrepresentation; in this connection the commissioner                              
18       may require registration, inspection, and testing, and establish procedures and fees;                             
19                 (6)  regulate the farming of elk in a manner similar to the manner in                                   
20       which the commissioner regulates domestic animals and livestock, to the extent that is                            
21       appropriate;                                                                                                      
22                 (7)  implement the farm-to-school program established in                                                
23       AS 03.20.100;                                                                                                 
24                 (8)  establish a food security program that includes record keeping                                 
25       of food products stored on farms in the state and information about the number                                
26       of days a supply of food is stored in the state.                                                              
27            (b)  Except for retail food establishments and fish or fisheries products                                
28       establishments, to [TO] carry out the requirements of this title, the commissioner [OF                        
29       NATURAL RESOURCES] may issue orders, regulations, quarantines, and embargoes                                      
30       relating to                                                                                                       
31                 (1)  examination and inspection of premises containing products,                                        
01       articles, and commodities carrying pests;                                                                         
02                 (2)  establishment of quarantines for eradication of pests;                                             
03                 (3)  establishment of standards and labeling requirements pertaining to                                 
04       the sale of agricultural and vegetable seeds;                                                                     
05                 (4)  tests and analyses that [WHICH] may be made and hearings that                              
06       [WHICH] may be held to determine whether the commissioner will issue a stop order                                 
07       or quarantine;                                                                                                    
08                 (5)  cooperation with federal and other state agencies.                                                 
09    * Sec. 2. AS 03.05.011(a) is amended to read:                                                                      
10            (a)  Except for retail food establishments, to [TO] carry out the requirements                           
11       of this title relating to animals or animal products [OVER WHICH THE                                              
12       DEPARTMENT HAS JURISDICTION], the commissioner may                                                                
13                 (1)  issue orders or permits relating to or authorizing the examination,                                
14       inspection, testing, quarantine, or embargo of animals or animal products, or premises                            
15       containing or having contained animals or animal products, in order to prevent the                                
16       spread of pests or contagious or infectious disease;                                                              
17                 (2)  conduct tests, analyses, and hearings to determine whether to issue                                
18       an order or permit relating to animals or animal products under this section;                                     
19                 (3)  cooperate with federal, state, municipal, and other governmental                                   
20       agencies regarding powers and duties under this section;                                                          
21                 (4)  issue orders or permits relating to or authorizing the custody, care,                              
22       or destruction of animals or animal products to prevent the spread of pests or                                    
23       contagious or infectious disease;                                                                                 
24                 (5)  designate points of entry for the admission of animals or animal                                   
25       products into the state; and                                                                                      
26                 (6)  issue orders or permits relating to, or authorizing the examination,                               
27       testing, or care of, animals or animal products to be transported into, within, or from                           
28       this state, in order                                                                                              
29                      (A)  to prevent the spread of pests or contagious or infectious                                    
30            disease; or                                                                                                  
31                      (B)  to promote safe or sanitary conditions for the animals or                                     
01            animal products to be transported.                                                                           
02    * Sec. 3. AS 03.05.011(b) is amended to read:                                                                      
03            (b)  Except for retail food establishments, the [THE] commissioner may                                   
04                 (1)  adopt a schedule of fees or charges, and credit provisions, for                                    
05       services related to animals and animal products rendered by state veterinarians to                                
06       farmers and others at their request, and all the receipts from the fees and charges shall                         
07       be transmitted to the commissioner for deposit in the state treasury;                                             
08                 (2)  designate individuals, independently or in cooperation with federal,                               
09       state, municipal, or other governmental agencies, to carry out and enforce, under the                             
10       direction of the state veterinarian, the requirements of this title relating to animals or                        
11       animal products [OVER WHICH THE DEPARTMENT HAS JURISDICTION];                                                     
12                 (3)  enter into agreements with the federal government for controlling                                  
13       disease among animals and match federal payments for animals destroyed under those                                
14       agreements from any appropriation available for this purpose;                                                     
15                 (4)  pay an owner of an animal destroyed under this section an amount                                   
16       from any appropriation available for this purpose; and                                                            
17                 (5)  adopt regulations under AS 44.62 (Administrative Procedure Act)                                    
18       to implement and interpret this section; when adopting regulations under this                                     
19       paragraph, the commissioner shall give substantial weight to the typical practices and                            
20       standards in the state and in the United States of the industry for which the regulations                         
21       are designed.                                                                                                     
22    * Sec. 4. AS 03.05.011(e) is amended to read:                                                                      
23            (e)  In this section,                                                                                        
24                 (1)  "commissioner" means the commissioner of agriculture and food                                  
25       [ENVIRONMENTAL CONSERVATION];                                                                                     
26                 (2)  "department" means the Department of Agriculture and Food                                      
27       [ENVIRONMENTAL CONSERVATION].                                                                                     
28    * Sec. 5. AS 03.05 is amended by adding a new section to read:                                                     
29       Sec. 03.05.012. Powers over fish and fisheries products. (a) To carry out the                                   
30 requirements of this title relating to fish or fisheries products, the commissioner may                                 
31                 (1)  issue orders or permits relating to or authorizing the examination,                                
01       inspection, testing, quarantine, or embargo of fish or fisheries products, or premises                            
02       containing or having contained fish or fisheries products, in order to prevent the                                
03       spread of pests or contagious or infectious disease;                                                              
04                 (2)  conduct tests, analyses, and hearings to determine whether to issue                                
05       an order or permit relating to fish or fisheries products under this section;                                     
06                 (3)  cooperate with federal, state, municipal, and other governmental                                   
07       agencies regarding powers and duties under this section;                                                          
08                 (4)  issue orders or permits relating to or authorizing the custody, care,                              
09       or destruction of fish or fisheries products to prevent the spread of pests or contagious                         
10       or infectious disease;                                                                                            
11                 (5)  designate points of entry for the admission of animals or animal                                   
12       products into the state; and                                                                                      
13                 (6)  issue orders or permits relating to, or authorizing the examination,                               
14       testing, or care of, fish or fisheries products to be transported into, within, or from this                      
15       state, in order                                                                                                   
16                      (A)  to prevent the spread of pests or contagious or infectious                                    
17            disease; or                                                                                                  
18                      (B)  to promote safe or sanitary conditions for the fish or                                        
19            fisheries products to be transported.                                                                        
20            (b)  The commissioner may                                                                                    
21                 (1)  adopt a schedule of fees or charges, and credit provisions, for                                    
22       services related to fish or fisheries products rendered by the department, and all the                            
23       receipts from the fees and charges shall be transmitted to the commissioner for deposit                           
24       in the state treasury;                                                                                            
25                 (2)  designate individuals, independently or in cooperation with federal,                               
26       state, municipal, or other governmental agencies, to carry out and enforce, under the                             
27       direction of the commissioner, the requirements of this title relating to fish or fisheries                       
28       products;                                                                                                         
29                 (3)  enter into agreements with the federal government for controlling                                  
30       disease in fish or fisheries products and match federal payments for fish or fisheries                            
31       products destroyed under those agreements from any appropriation available for this                               
01       purpose;                                                                                                          
02                 (4)  pay an owner of a fish or fisheries product destroyed under this                                   
03       section an amount from any appropriation available for this purpose; and                                          
04                 (5)  adopt regulations under AS 44.62 (Administrative Procedure Act)                                    
05       to implement and interpret this section; when adopting regulations under this                                     
06       paragraph, the commissioner shall give substantial weight to the typical practices and                            
07       standards in the state and in the United States of the industry for which the regulations                         
08       are designed.                                                                                                     
09            (c)  Before taking custody of or destroying a fish or fisheries product under                                
10       (a)(4) of this section, or imposing a quarantine, placing an embargo, or taking another                           
11       action under this section that deprives a person of a fish or fisheries product, the                              
12       department shall provide for notice and an opportunity to be heard to the owner or                                
13       person in possession of the fish or fisheries product, unless the commissioner                                    
14       determines there is an immediate threat to the health or safety of fish or fisheries                              
15       products or the public.                                                                                           
16            (d)  Nothing in this section affects the authority of another agency of this state.                          
17            (e)  In this section,                                                                                        
18                 (1)  "commissioner" means the commissioner of environmental                                             
19       conservation;                                                                                                     
20                 (2)  "department" means the Department of Environmental                                                 
21       Conservation.                                                                                                     
22    * Sec. 6. AS 03.05.013 is amended to read:                                                                         
23            Sec. 03.05.013. State veterinarian. The commissioner [OF                                                   
24       ENVIRONMENTAL CONSERVATION] may employ or appoint a person to act as                                              
25       the state veterinarian to carry out and enforce the requirements of this title relating to                        
26       animals or animal products over which the department [DEPARTMENT OF                                           
27       ENVIRONMENTAL CONSERVATION] has jurisdiction. To be eligible for                                                  
28       appointment as the state veterinarian, a person must be licensed or otherwise legally                             
29       authorized under AS 08.98 to engage in the practice of veterinary medicine in the                                 
30       state.                                                                                                            
31    * Sec. 7. AS 03.05.027(a) is amended to read:                                                                      
01            (a)  The commissioner [OF NATURAL RESOURCES] shall employ or                                                 
02       appoint a state coordinator for noxious weed, invasive plant, and agricultural pest                               
03       management and education.                                                                                         
04    * Sec. 8. AS 03.05.040(b) is amended to read:                                                                      
05            (b)  In this section, "commissioner" means the commissioner of agriculture                           
06       and food [NATURAL RESOURCES] with respect to agricultural [THOSE]                                         
07       products and animals over which the commissioner of agriculture and food                                  
08       [NATURAL RESOURCES] has jurisdiction under this title, and the commissioner of                                    
09       environmental conservation with respect to retail food establishments and fish or                             
10       fisheries [THOSE] products over which the commissioner of environmental                                       
11       conservation has jurisdiction under this title.                                                                   
12    * Sec. 9. AS 03.05.050(b) is amended to read:                                                                      
13            (b)  In this section, "commissioner" means the commissioner of agriculture                           
14       and food [NATURAL RESOURCES] with respect to agricultural [THOSE]                                         
15       products and animals, except fish or fisheries products, over which the                                       
16       commissioner of agriculture and food [NATURAL RESOURCES] has jurisdiction                                     
17       under this title, and the commissioner of environmental conservation with respect to                              
18       retail food establishments, fish or fisheries [THOSE] products, and fish or fisheries                     
19       products establishments, over which the commissioner of environmental                                         
20       conservation has jurisdiction under this title.                                                                   
21    * Sec. 10. AS 03.05.075(a) is amended to read:                                                                     
22            (a)  Elk may be raised and bred as domestic stock for commercial purposes,                                   
23       including the sale of meat, by a person who lawfully owns the elk and who holds a                                 
24       current valid elk farming license. The commissioner [OF NATURAL RESOURCES]                                        
25       may issue an elk farming license for the farming of elk to a person who applies on a                              
26       form provided by the commissioner, pays the biennial elk farming license fee, and                                 
27       proves to the satisfaction of the commissioner that the person lawfully owns the elk,                             
28       intends to raise and breed elk, and possesses facilities for maintaining the elk under                            
29       positive control. Before issuing or renewing an elk farming license, the commissioner                             
30       shall conduct a physical inspection of the elk farming facilities and determine that the                          
31       facilities are in good repair and comply with the fencing standards established under                             
01       (d) of this section. In this subsection, "lawfully owns" means ownership that was                                 
02       obtained without violating a state or federal law or regulation or a condition of a                               
03       license or permit issued with respect to elk.                                                                     
04    * Sec. 11. AS 03.05.075(b) is amended to read:                                                                     
05            (b)  The commissioner [OF NATURAL RESOURCES] shall provide to the                                            
06       Department of Fish and Game a copy of each application for an elk farming license                                 
07       received by the commissioner and each elk farming license issued by the                                           
08       commissioner.                                                                                                     
09    * Sec. 12. AS 03.05.075(d) is amended to read:                                                                     
10            (d)  The commissioner [OF NATURAL RESOURCES] shall establish fencing                                         
11       standards for elk farming facilities to maintain elk under positive control. Proposed                             
12       fencing standards shall be submitted to the commissioner of fish and game for review                              
13       before the standards are adopted or amended.                                                                      
14    * Sec. 13. AS 03.05.075(e) is amended to read:                                                                     
15            (e)  Notwithstanding other provisions of law, a license or permit is not required                            
16       from the Department of Fish and Game in order to import, export, or possess elk for                               
17       the purpose of elk farming. Elk imported, exported, or possessed for the purpose of elk                           
18       farming are subject to the provisions of this title and regulations adopted under this                            
19       title by the commissioner [OF NATURAL RESOURCES OR THE                                                            
20       COMMISSIONER OF ENVIRONMENTAL CONSERVATION] for domestic                                                          
21       animals and livestock, to the extent they are made applicable to elk by the                                       
22       commissioner [COMMISSIONERS].                                                                                 
23    * Sec. 14. AS 03.05.090(a) is amended to read:                                                                     
24            (a)  A person who violates a provision of this chapter or a regulation, order, or                            
25       quarantine made under authority of this chapter, or violates a provision of a permit                              
26       issued under this chapter, or sells seeds failing to meet the labeling requirements,                              
27       standards, and tests provided for by regulation of the commissioner of agriculture                            
28       and food [NATURAL RESOURCES] or the commissioner of environmental                                             
29       conservation is guilty of a class A misdemeanor for each offense.                                                 
30    * Sec. 15. AS 03.05.090(c) is amended to read:                                                                     
31            (c)  If the Department of Agriculture and Food or the Department of                                      
01       Environmental Conservation issues an order regarding, adopts a regulation on, issues a                            
02       permit regarding, imposes a quarantine on, or orders an embargo on an animal, [OR]                            
03       animal product, or fish or fisheries product that the department with jurisdiction                        
04       over the item [DEPARTMENT OF ENVIRONMENTAL CONSERVATION]                                                      
05       reasonably believes carries pests, a contagious disease, or an infectious disease, a                              
06       consignee who knowingly receives, or a carrier who knowingly transports, the animal                               
07       or animal product in violation of the order, regulation, permit, quarantine, or embargo                           
08       is subject to a civil fine of not more than $500 for each violation.                                              
09    * Sec. 16. AS 03.05.090(d) is amended to read:                                                                     
10            (d)  The department handling the violation under this section                                            
11       [DEPARTMENT OF ENVIRONMENTAL CONSERVATION] or a court of                                                          
12       competent jurisdiction may impose the fine authorized by (b) or (c) of this section.                              
13    * Sec. 17. AS 03.05.100 is amended to read:                                                                        
14            Sec. 03.05.100. Definitions. In this chapter, unless the section or the context                        
15       indicates otherwise,                                                                                          
16                 (1)  "agricultural products" does not include fish, fisheries products,                                 
17       animals, or animal products;                                                                                      
18                 (2)  "animal" means an animal other than a human being and includes a                                   
19       mammal, insect, bird, [FISH,] and reptile, whether wild or domestic, and whether                                  
20       living or dead, but does not include fish or fisheries products;                                              
21                 (3)  "animal product" means a product, article, or commodity                                            
22       containing any part of an animal;                                                                                 
23                 (4)  "fish or fisheries products" means any aquatic animal, including                                   
24       amphibians, or aquatic plants or parts of those plants, animals, or amphibians that are                           
25       usable as human food.                                                                                             
26    * Sec. 18. AS 03.05.100 is amended by adding new paragraphs to read:                                               
27                 (5)  "commissioner" means the commissioner of agriculture and food;                                     
28                 (6)  "department" means the Department of Agriculture and Food;                                         
29                 (7)  "retail food establishment" means a business that sells prepared                                   
30       food products to the general public for consumption on or off the premises, and                                   
31       includes a business that is, or contains on its premises, a restaurant, a delicatessen, a                         
01       salad bar, or a bakery.                                                                                           
02    * Sec. 19. AS 03.09.020(a) is amended to read:                                                                     
03            (a)  The commissioner [DIRECTOR] of [THE DIVISION OF THE                                                 
04       DEPARTMENT WITH RESPONSIBILITY FOR] agriculture and food shall appoint                                    
05       an employee of the Department of Agriculture and Food to serve as the director of                             
06       the Board of Agriculture and Conservation. The director may employ staff and, as                                  
07       directed by the board, is responsible for the daily operations of the agricultural                                
08       revolving loan fund (AS 03.10.040).                                                                               
09    * Sec. 20. AS 03.10.050(g) is amended to read:                                                                     
10            (g)  The board may dispose of property acquired by the agricultural revolving                                
11       loan fund through foreclosure, default, or other action arising out of agricultural loans                         
12       or the sale of agricultural land. Disposals shall be conducted under regulations                                  
13       approved by the commissioner of agriculture and food. The regulations must ensure                             
14       that the property is disposed of so as to maximize the return to the state and must                               
15       require that the parcels of land that are composed primarily of cropland soils be                                 
16       restricted to agricultural uses and disposed of only to persons who are residents of the                          
17       state.                                                                                                            
18    * Sec. 21. AS 03.13.050 is amended to read:                                                                        
19            Sec. 03.13.050. Definitions. In this chapter,                                                              
20                 (1)  "corporation" means the Federal Crop Insurance Corporation (7                                  
21       U.S.C. 1503);                                                                                                 
22                 (2)  "department" means the Department of Agriculture and Food.                                     
23    * Sec. 22. AS 03.20.080 is amended by adding new paragraphs to read:                                               
24                 (3)  "commissioner" means the commissioner of agriculture and food;                                     
25                 (4)  "department" means the Department of Agriculture and Food.                                         
26    * Sec. 23. AS 03.20.100(e) is amended by adding a new paragraph to read:                                           
27                 (3)  "department" means the Department of Agriculture and Food.                                         
28    * Sec. 24. AS 03.22.010 is amended to read:                                                                        
29            Sec. 03.22.010. Establishment of plant materials center. The department                                
30       [DEPARTMENT OF NATURAL RESOURCES], in cooperation with the college or                                             
31       department of the University of Alaska responsible for the Agricultural and Forestry                              
01       Experiment Station, shall establish and maintain a plant materials center.                                        
02    * Sec. 25. AS 03.22.040 is amended to read:                                                                        
03            Sec. 03.22.040. Personnel. The department shall ensure that competent                                      
04       professional, secretarial, and subprofessional personnel necessary to carry on the work                           
05       of the center are employed. The administrator of the plant materials center is a joint                            
06       appointment between the department [DEPARTMENT OF NATURAL                                                     
07       RESOURCES] and the college or department of the University of Alaska responsible                                  
08       for the Agricultural and Forestry Experiment Station.                                                             
09    * Sec. 26. AS 03.22 is amended by adding a new section to read:                                                    
10            Sec. 03.22.100. Definitions. In this chapter, "department" means the                                       
11       Department of Agriculture and Food.                                                                               
12    * Sec. 27. AS 03.35.030 is amended to read:                                                                        
13            Sec. 03.35.030. Notice, hearing, and order. Upon receipt of a petition for the                             
14       establishment, addition, elimination, or dissolution of a controlled livestock district,                          
15       the district judge shall set a time for hearing the petition not less than 30 days after its                      
16       receipt. Notice of the time and place of the hearing and its purpose shall be posted in                           
17       not less than three conspicuous public places within the proposed district, including a                           
18       post office, for a period of at least 30 days before the hearing. If there is no post office                      
19       within the proposed district, then the notice shall be posted in two conspicuous public                           
20       places in the proposed district and in the post office nearest the proposed district. If, at                      
21       the hearing, the district judge finds that the petition meets the requirements established                        
22       under AS 03.35.020 and that notice of the hearing has been given, the district judge                              
23       shall enter an order granting the request contained within the petition. The boundaries                           
24       of the district are those proposed within the petition. The district judge shall certify to                       
25       the clerk of the superior court for the judicial district a copy of the findings and order.                       
26       The district judge shall send a copy of the order to the commissioner of agriculture                          
27       and food.                                                                                                     
28    * Sec. 28. AS 03.40.030(a) is amended to read:                                                                     
29            (a)  To adopt a brand or mark, a person shall forward to the commissioner [OF                                
30       NATURAL RESOURCES] a facsimile of the brand or mark, together with a written                                      
31       application, and the recording fee of $2. Upon receipt, the commissioner shall record                             
01       the brand or mark unless it is of record or conflicts or closely resembles that of some                           
02       other person, in which case the commissioner shall return the facsimile and fee to the                            
03       applicant. A brand described as being on either side of the animal may not be accepted                            
04       or recorded.                                                                                                      
05    * Sec. 29. AS 03.40.270 is amended to read:                                                                        
06            Sec. 03.40.270. Definitions. As used in this chapter,                                                      
07                 (1)  [A] "brand" means an identification mark burned into the hide of a                             
08       live animal;                                                                                                  
09                 (2)  "commissioner" means the commissioner of agriculture and                                       
10       food.                                                                                                         
11    * Sec. 30. AS 03.47.020 is amended to read:                                                                        
12            Sec. 03.47.020. Importation of bees. All bees imported into the state shall be                             
13       accompanied by a health certificate that states that the bees come from an apiary                                 
14       apparently free of bee diseases and that is signed by an apiary inspector determined to                           
15       be qualified by the department [DIVISION].                                                                    
16    * Sec. 31. AS 03.47.030(a) is amended to read:                                                                     
17            (a)  The department [DIVISION] shall investigate reported cases of diseased                              
18       bees and cases of diseased bees discovered by the department [DIVISION].                                      
19    * Sec. 32. AS 03.47.030(b) is amended to read:                                                                     
20            (b)  The department [DIVISION] shall take action necessary to prevent the                                
21       spread of bee diseases. Bees or used beekeeping equipment found to contain the                                    
22       causative organisms of American foulbrood (Bacillus larvae) or European foulbrood                                 
23       (Streptococcus pluton) shall be immediately quarantined and treated within five days                              
24       by                                                                                                                
25                 (1)  chamber fumigation using ethylene oxide or other gases approved                                    
26       by the department [DIVISION];                                                                                 
27                 (2)  sterilization by boiling in lyewater for at least 15 minutes; or                                   
28                 (3)  destruction of bees, bee combs, and frames by burning followed by                                  
29       burying 18 inches deep.                                                                                           
30    * Sec. 33. AS 03.47.030(d) is amended to read:                                                                     
31            (d)  A quarantine imposed under this section may not be removed until infected                               
01       bees and used beekeeping equipment are destroyed or the department [DIVISION]                                 
02       determines through testing that the used beekeeping equipment is free of the disease.                             
03    * Sec. 34. AS 03.47.030(e) is amended to read:                                                                     
04            (e)  The department [DIVISION] shall adopt regulations necessary to carry                                
05       out the purposes of this chapter.                                                                                 
06    * Sec. 35. AS 03.47.040 is amended by adding a new paragraph to read:                                              
07                 (4)  "department" means the Department of Agriculture and Food.                                         
08    * Sec. 36. AS 03.55.190 is amended to read:                                                                        
09            Sec. 03.55.190. Definitions. In AS 03.55.100 - 03.55.190,                                                  
10                 (1)  "animal" has the meaning given in AS 11.81.900;                                                    
11                 (2)  "custodian" means a person responsible by law for the care,                                        
12       custody, or control of animals;                                                                                   
13                 (3)  "department" means the Department of Agriculture and Food                                      
14       [ENVIRONMENTAL CONSERVATION].                                                                                     
15    * Sec. 37. AS 03.58 is amended by adding a new section to read:                                                    
16            Sec. 03.58.090. Definition. In this chapter, "department" means the                                        
17       Department of Agriculture and Food.                                                                               
18    * Sec. 38. AS 14.07.020(a) is amended to read:                                                                     
19            (a)  The department shall                                                                                    
20                 (1)  exercise general supervision over the public schools of the state                                  
21       except the University of Alaska;                                                                                  
22                 (2)  study the conditions and needs of the public schools of the state,                                 
23       adopt or recommend plans, administer and evaluate grants to improve school                                        
24       performance awarded under AS 14.03.125, and adopt regulations for the improvement                                 
25       of the public schools;                                                                                            
26                 (3)  provide advisory and consultative services to all public school                                    
27       governing bodies and personnel;                                                                                   
28                 (4)  prescribe by regulation a minimum course of study for the public                                   
29       schools; the regulations must provide that, if a course in American Sign Language is                              
30       given, the course shall be given credit as a course in a foreign language;                                        
31                 (5)  establish, in coordination with the Department of Health and Social                                
01       Services, a program for the continuing education of children who are held in detention                            
02       facilities in the state during the period of detention;                                                           
03                 (6)  accredit those public schools that meet accreditation standards                                    
04       prescribed by regulation by the department; these regulations shall be adopted by the                             
05       department and presented to the legislature during the first 10 days of any regular                               
06       session, and become effective 45 days after presentation or at the end of the session,                            
07       whichever is earlier, unless disapproved by a resolution concurred in by a majority of                            
08       the members of each house;                                                                                        
09                 (7)  prescribe by regulation, after consultation with the state fire                                    
10       marshal and the state sanitarian, standards to ensure [THAT WILL ASSURE]                                      
11       healthful and safe conditions in the public and private schools of the state, including a                         
12       requirement of physical examinations and immunizations in pre-elementary schools;                                 
13       the standards for private schools may not be more stringent than those for public                                 
14       schools;                                                                                                          
15                 (8)  exercise general supervision over pre-elementary schools that                                      
16       receive direct state or federal funding;                                                                          
17                 (9)  exercise general supervision over elementary and secondary                                         
18       correspondence study programs offered by municipal school districts or regional                                   
19       educational attendance areas; the department may also offer and make available to any                             
20       Alaskan through a centralized office a correspondence study program;                                              
21                 (10)  accredit private schools that request accreditation and that meet                                 
22       accreditation standards prescribed by regulation by the department; nothing in this                               
23       paragraph authorizes the department to require religious or other private schools to be                           
24       licensed;                                                                                                         
25                 (11)  review plans for construction of new public elementary and                                        
26       secondary schools and for additions to and major rehabilitation of existing public                                
27       elementary and secondary schools and, in accordance with regulations adopted by the                               
28       department, determine and approve the extent of eligibility for state aid of a school                             
29       construction or major maintenance project; for the purposes of this paragraph, "plans"                            
30       include educational specifications, schematic designs, projected energy consumption                               
31       and costs, and final contract documents;                                                                          
01                 (12)  provide educational opportunities in the areas of vocational                                      
02       education and training, and basic education to individuals over 16 years of age who                               
03       are no longer attending school;                                                                                   
04                 (13)  administer the grants awarded under AS 14.11;                                                     
05                 (14)  establish, in coordination with the Department of Public Safety, a                                
06       school bus driver training course;                                                                                
07                 (15)  require the reporting of information relating to school disciplinary                              
08       and safety programs under AS 14.33.120 and of incidents of disruptive or violent                                  
09       behavior;                                                                                                         
10                 (16)  establish by regulation criteria, based on low student performance,                               
11       under which the department may intervene in a school district to improve instructional                            
12       practices, as described in AS 14.07.030(14) or (15); the regulations must include                                 
13                      (A)  a notice provision that alerts the district to the deficiencies                               
14            and the instructional practice changes proposed by the department;                                           
15                      (B)  an end date for departmental intervention, as described in                                    
16            AS 14.07.030(14)(A) and (B) and (15), after the district demonstrates three                                  
17            consecutive years of improvement consisting of not less than two percent                                     
18            increases in student proficiency on standards-based assessments in math,                                     
19            reading, and writing as provided in AS 14.03.123(f)(2)(A); and                                               
20                      (C)  a process for districts to petition the department for                                        
21            continuing or discontinuing the department's intervention;                                                   
22                 (17)  notify the legislative committees having jurisdiction over                                        
23       education before intervening in a school district under AS 14.07.030(14) or redirecting                           
24       public school funding under AS 14.07.030(15);                                                                     
25                 (18)  assist the Department of Agriculture and Food [NATURAL                                        
26       RESOURCES] in developing and implementing the farm-to-school program                                              
27       established under AS 03.20.100.                                                                                   
28    * Sec. 39. AS 17.20.005 is repealed and reenacted to read:                                                         
29            Sec. 17.20.005. Powers and duties of commissioner of agriculture and                                       
30       food. (a) Except as provided in (b) of this section, to carry out the responsibilities of                       
31       the Department of Agriculture and Food and the commissioner of agriculture and food                               
01       under this chapter, the commissioner of agriculture and food may issue orders,                                    
02       regulations, permits, quarantines, and embargoes relating to                                                      
03                 (1)  agricultural food, including                                                                       
04                      (A)  inspection;                                                                                   
05                      (B)  standards of sanitation and handling methods for all phases                                   
06            of slaughtering, processing, storing, transporting, displaying, and selling;                                 
07                      (C)  labeling; and                                                                                 
08                      (D)  the training, testing, and certification requirements for                                     
09            individuals who handle or prepare the agricultural food, their supervisors, and                              
10            their employers to ensure their knowledge of food safety and sanitation                                      
11            principles and requirements;                                                                                 
12                 (2)  control and eradication of pests;                                                                  
13                 (3)  labeling, subject to AS 17.20.013, and grading of milk and milk                                    
14       products and standards of sanitation for dairies offering to the public or selling milk or                        
15       milk products to at least the minimum of current recommendations of the United                                    
16       States Public Health Service pasteurized milk ordinance as it may periodically be                                 
17       revised;                                                                                                          
18                 (4)  tests and analyses that may be made and hearings that may be held                                  
19       to determine whether the commissioner will issue a stop order or quarantine;                                      
20                 (5)  transportation of, use of, disposal of, recalls of, or warnings                                    
21       concerning quarantined or embargoed items;                                                                        
22                 (6)  cooperation with federal and other state agencies;                                                 
23                 (7)  written food safety disclosure statements by persons who sell                                      
24       directly to a consumer agricultural food products that are grown and processed by the                             
25       sellers.                                                                                                          
26            (b)  The authority of the commissioner of agriculture and food under this                                    
27       chapter does not extend to the inspection of retail food establishments.                                          
28    * Sec. 40. AS 17.20 is amended by adding a new section to article 1 to read:                                       
29            Sec. 17.20.007. Powers and duties of commissioner of environmental                                         
30       conservation. To carry out the responsibilities of the Department of Environmental                              
31       Conservation and the commissioner of environmental conservation under this chapter,                               
01       the commissioner of environmental conservation may issue orders, regulations,                                     
02       permits, quarantines, and embargoes relating to                                                                   
03                 (1)  the inspection of retail food establishments for sanitation and food                               
04       safety, including                                                                                                 
05                      (A)  standards of sanitation and handling methods for all phases                                   
06            of processing, storing, transporting, displaying, and selling of food; and                                   
07                      (B)  the training, testing, and certification requirements for                                     
08            individuals who handle or prepare food, their supervisors, and their employers                               
09            to ensure their knowledge of food safety and sanitation principles and                                       
10            requirements;                                                                                                
11                 (2)  fish or fisheries products, including                                                              
12                      (A)  inspection;                                                                                   
13                      (B)  standards of sanitation and handling methods for all phases                                   
14            of processing, storing, transporting, displaying, and selling;                                               
15                      (C)  labeling; and                                                                                 
16                      (D)  the training, testing, and certification requirements for                                     
17            individuals who handle or prepare the fish or fisheries products, their                                      
18            supervisors, and their employers to ensure their knowledge of food safety and                                
19            sanitation principles and requirements;                                                                      
20                 (3)  enforcement of hazard analysis critical control point programs for                                 
21       seafood processing that are developed in cooperation with appropriate industry                                    
22       representatives or, to the extent not inconsistent with this chapter or regulations                               
23       adopted under the authority of this chapter, that are established by regulations of the                           
24       United States Food and Drug Administration as they may periodically be revised;                                   
25                 (4)  standards and conditions for the operation and siting of aquatic                                   
26       farms and related hatcheries, including                                                                           
27                      (A)  restrictions on the use of chemicals; and                                                     
28                      (B)  requirements to protect the public from contaminated                                          
29            aquatic farm products that pose a risk to health;                                                            
30                 (5)  monitoring aquatic farms and aquatic farm products to ensure                                       
31       compliance with this chapter and, to the extent not inconsistent with this chapter or                             
01       regulations adopted under the authority of this chapter, with the requirements of the                             
02       national shellfish sanitation program manual of operations published by the United                                
03       States Food and Drug Administration as it may periodically be revised;                                            
04                 (6)  tests and analyses that may be made and hearings that may be held                                  
05       to determine whether the commissioner will issue a stop order or quarantine;                                      
06                 (7)  transportation of, use of, disposal of, recalls of, or warnings                                    
07       concerning quarantined or embargoed items;                                                                        
08                 (8)  cooperation with federal and other state agencies.                                                 
09    * Sec. 41. AS 17.20.010 is amended to read:                                                                        
10            Sec. 17.20.010. Definitions and standards for food. When, in the judgment                                  
11       of the commissioner of agriculture and food, honest and fair dealing in the interest of                       
12       consumers will be promoted, the Department of Agriculture and Food                                            
13       [DEPARTMENT] shall adopt regulations fixing and establishing for agricultural                                 
14       food or class of agricultural food a reasonable definition and standard of identity, a                        
15       reasonable standard of quality, and reasonable standards of fill of container. In                                 
16       prescribing a definition and standard of identity for agricultural food or class of                           
17       agricultural food in which optional ingredients are permitted, the department shall,                          
18       for the purpose of promoting honesty and fair dealing in the interest of consumers,                               
19       designate the optional ingredients that [WHICH] shall be named on the label. The                              
20       definitions and standards adopted shall conform as far as practicable to the definitions                          
21       and standards adopted under authority of the federal act. The Department of                                   
22       Agriculture and Food [DEPARTMENT] shall establish a mobile canned                                             
23       agricultural food inspection service available upon request to agricultural food                          
24       packers or processors inside the state.                                                                           
25    * Sec. 42. AS 17.20.010 is amended by adding a new subsection to read:                                             
26            (b)  When, in the judgment of the commissioner of environmental                                              
27       conservation, honest and fair dealing in the interest of consumers will be promoted,                              
28       the Department of Environmental Conservation shall adopt regulations fixing and                                   
29       establishing for fish or fisheries products, or class of fish or fisheries product a                              
30       reasonable definition and standard of identity, a reasonable standard of quality, and                             
31       reasonable standards of fill of container. In prescribing a definition and standard of                            
01       identity for nonagricultural food, or class of nonagricultural food in which optional                             
02       ingredients are permitted, the department shall, for the purpose of promoting honesty                             
03       and fair dealing in the interest of consumers, designate the optional ingredients that                            
04       shall be named on the label. The definitions and standards adopted must conform as                                
05       far as practicable to the definitions and standards adopted under authority of the                                
06       federal act. The Department of Environmental Conservation shall establish a mobile                                
07       canned nonagricultural food inspection service available upon request to                                          
08       nonagricultural food packers or processors inside the state.                                                      
09    * Sec. 43. AS 17.20.013(e) is amended to read:                                                                     
10            (e)  A dairy plant shall keep the original affidavit provided under (c) of this                              
11       section on file for a period of not less than two years. The affidavit and corresponding                          
12       records shall be made available for inspection by the commissioner of agriculture                             
13       and food. If the milk product is to be labeled under (a) of this section, dairy plants                        
14       supplying milk or cream to a processor or to a manufacturer of a milk product for use                             
15       in the milk product shall supply the processor or manufacturer with a certificate stating                         
16       that the producers of the supplied milk or cream have executed and delivered the                                  
17       affidavits as required by (c) of this section.                                                                    
18    * Sec. 44. AS 17.20.013(f) is amended to read:                                                                     
19            (f)  All milk or cream from non-rBGH-treated cows used in the manufacturing                                  
20       or processing of milk products labeled under (a) of this section, and milk or cream                               
21       supplied by a producer using an affidavit under (c) of this section, shall be kept                                
22       completely separate from any other milk or cream throughout all stages of storage,                                
23       transportation, and processing until the resulting milk products are in final packaged                            
24       form in a properly labeled container. The dairy plant and the processor or                                        
25       manufacturer at each stage shall keep records of the separation and make them                                     
26       available to the commissioner of agriculture and food for inspection.                                         
27    * Sec. 45. AS 17.20.030 is amended to read:                                                                        
28            Sec. 17.20.030. Tolerances for added poisonous ingredients. A poisonous or                                 
29       deleterious substance added to food, except where the substance is required in the                                
30       production of food or cannot be avoided by good manufacturing practice, is unsafe for                             
31       purposes of the application of AS 17.20.020(a)(2). When the substance is required or                              
01       cannot be avoided, the department responsible under AS 17.20.005 or 17.20.007 for                             
02       the particular food item involved shall adopt regulations limiting the quantity of it to                      
03       the extent necessary for the protection of public health. A quantity exceeding the                                
04       limits fixed is unsafe for purposes of the application of AS 17.20.020(a)(2). While a                             
05       regulation limiting the quantity of a substance in the case of any food is in effect, the                         
06       food is not, by reason of bearing or containing an added amount of the substance,                                 
07       adulterated within the meaning of AS 17.20.020(a)(1). In determining the quantity of                              
08       the added substance to be tolerated in or on food, the department responsible under                           
09       AS 17.20.005 or 17.20.007 for the particular food item involved shall consider the                            
10       extent to which the use of the substance is required or cannot be avoided in the                                  
11       production of each article and the other ways in which the consumer may be affected                               
12       by that or other poisonous or deleterious substances.                                                             
13    * Sec. 46. AS 17.20.040(a) is amended to read:                                                                     
14            (a)  Food is misbranded if                                                                                   
15                 (1)  its labeling is false or misleading in any particular;                                             
16                 (2)  it is offered for sale under the name of another food;                                             
17                 (3)  it is an imitation of another food, unless its label bears, in type of                             
18       uniform size and prominence, the word "imitation" and, immediately after that word                            
19       [THEREAFTER], the name of the food imitated;                                                                      
20                 (4)  its container is made, formed, or filled so as to be misleading;                                   
21                 (5)  it is in package form unless it bears a label containing (A) the name                              
22       and place of business of the manufacturer, packer, or distributor; and (B) an accurate                            
23       statement of the quantity of the contents in terms of weight, measure, or numerical                               
24       count; however, under (B) of this paragraph, reasonable variations are permitted, and                             
25       exemptions for small packages shall be established by regulations prescribed by the                               
26       department responsible under AS 17.20.005 or 17.20.007 for the particular food                                
27       item involved;                                                                                                
28                 (6)  a word, statement, or other information required by or under                                       
29       authority of this chapter to appear on the label or labeling is not prominently placed                            
30       with the conspicuousness, [(] as compared with other words, statements, designs, or                           
31       devices in the labeling, [)] and in terms that make it likely to be read and understood                       
01       by the ordinary individual under customary conditions of purchase and use;                                        
02                 (7)  it purports to be or is represented as a food for which a definition                               
03       and standard of identity has been prescribed by regulations as provided by                                        
04       AS 17.20.010, unless (A) it conforms to the definition and standard, and (B) its label                            
05       bears the name of the food specified in the definition and standard and the common                                
06       names of optional ingredients other than spices, flavoring, and coloring present in the                           
07       food as required by regulation;                                                                                   
08                 (8)  it purports to be or is represented as a food for which a standard                             
09       of                                                                                                            
10                      (A)  [A FOOD FOR WHICH A STANDARD OF] quality has                                                  
11            been prescribed by regulations, and its quality falls below that standard, unless                            
12            its label bears, in the manner and form the regulations specify, a statement that                            
13            it falls below that standard; or                                                                             
14                      (B)  [A FOOD FOR WHICH A STANDARD OF] fill of                                                      
15            container has been prescribed by regulation as provided by AS 17.20.010 and                                  
16            it falls below the applicable standard of fill of container, unless its label bears,                         
17            in the manner and form as the regulations specify, a statement that it falls                                 
18            below that standard;                                                                                         
19                 (9)  it is not subject to the provisions of (7) of this subsection, unless it                           
20       bears labeling clearly giving (A) the common or usual name of the food, if any, and                               
21       (B) in case it is fabricated from two or more ingredients, the common or usual name of                            
22       each ingredient; except that [, HOWEVER,] spices, flavorings, and colorings, other                                
23       than those sold as spices, flavorings, and colorings [SUCH], may be designated as                             
24       spices, flavorings, and colorings, without naming each; [HOWEVER,] to the extent                                  
25       that compliance with the requirements of (B) of this paragraph is impracticable [,] or                            
26       results in deception or unfair competition, exemptions shall be established by                                    
27       regulations adopted by the department with the responsibility under AS 17.20.005                              
28       or 17.20.007 for the particular food item involved, but the requirements of (B) of                            
29       this paragraph do not apply to food products that are packaged at the direction of                                
30       purchasers at retail at the time of sale, the ingredients of which are disclosed to the                           
31       purchasers by other means in accordance with regulations adopted by the department                                
01       with the responsibility under AS 17.20.005 or 17.20.007 for the particular food                               
02       item involved;                                                                                                
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 of the department with the responsibility under AS 17.20.005 or                              
06       17.20.007 for the particular food item involved determines to be, and by regulations                          
07       prescribes as, necessary in order fully to inform purchasers as to its value for those                            
08       uses;                                                                                                             
09                 (11)  it bears or contains artificial flavoring, artificial coloring, or                                
10       chemical preservative, unless it bears labeling stating that fact; [HOWEVER,] to the                              
11       extent that compliance with the requirements of this paragraph is impracticable,                                  
12       exemption shall be established by regulations adopted by the department with the                              
13       responsibility under AS 17.20.005 or 17.20.007 for the particular food item                                   
14       involved;                                                                                                     
15                 (12)  the food is a farmed halibut, salmon, or sablefish product, unless                                
16                      (A)  the product is labeled to identify the product as farmed fish                                 
17            raised outside the state, if the product is sold in a packaged form; or                                      
18                      (B)  the product is conspicuously identified as farmed fish                                        
19            raised outside the state, if the product is sold in an unpackaged form;                                      
20                 (13)  the labeling, advertisement, or identification of the food is                                     
21       inconsistent with the labeling, advertisement, or identification provisions of                                    
22       AS 17.20.048 or 17.20.049;                                                                                        
23                 (14)  the food is a genetically modified fish or genetically modified fish                              
24       product unless                                                                                                    
25                      (A)  the food is conspicuously labeled to identify the fish or fish                                
26            product as a genetically modified fish or fish product if the fish or fish product                           
27            is sold in a packaged form; or                                                                               
28                      (B)  the food is conspicuously identified as a genetically                                         
29            modified fish or fish product if the fish or fish product is sold in an unpackaged                           
30            form.                                                                                                        
31    * Sec. 47. AS 17.20.044(b) is amended to read:                                                                     
01            (b)  Meat, fish, and poultry that has been frozen must be labeled as a frozen                                
02       food in accordance with regulations adopted by the commissioner of the department                             
03       with the responsibility under AS 17.20.005 or 17.20.007 for the food item.                                    
04    * Sec. 48. AS 17.20.044(c) is amended to read:                                                                     
05            (c)  The commissioner of the department with the responsibility under                                    
06       AS 17.20.005 or 17.20.007 for the food item shall adopt regulations that                                      
07                 (1)  require frozen food labels for meat, fish, and poultry that has been                               
08       frozen; and                                                                                                       
09                 (2)  provide for the examination and inspection of meat, fish, and                                      
10       poultry to ascertain whether it has been frozen.                                                                  
11    * Sec. 49. AS 17.20.049(b) is amended to read:                                                                     
12            (b)  In this section,                                                                                        
13                 (1)  "farmed fish" means fish that is propagated, farmed, or cultivated                                 
14       in a facility that grows, farms, or cultivates the fish in captivity or under positive                            
15       control but that is not a salmon hatchery that is owned by the state or that holds a                              
16       salmon hatchery permit under AS 16.10.400; in this paragraph, "positive control" has                              
17       the meaning given in AS 16.40.199;                                                                                
18                 (2)  "fish" means finfish;                                                                              
19                 (3)  "prepared food product" means a food product that has been                                         
20       prepared by the retail food establishment selling the food product or by another person                           
21       at the direction of the retail food establishment;                                                                
22                 (4)  "retail food establishment" has the meaning given in                                           
23       AS 17.20.370, but [MEANS A BUSINESS THAT SELLS PREPARED FOOD                                                  
24       PRODUCTS TO THE GENERAL PUBLIC FOR CONSUMPTION ON OR OFF                                                          
25       THE PREMISES, AND INCLUDES A BUSINESS THAT IS, OR CONTAINS ON                                                     
26       ITS PREMISES, A RESTAURANT, A DELICATESSEN, A SALAD BAR, OR A                                                     
27       BAKERY; "RETAIL FOOD ESTABLISHMENT"] does not include an establishment                                            
28       that is provided by                                                                                               
29                      (A)  an employer primarily for the employees of the employer;                                      
30                      (B)  a school primarily for the students and employees of the                                      
31            school; or                                                                                                   
01                      (C)  a correctional facility primarily for persons held under                                      
02            official detention;                                                                                          
03                 (5)  "wild fish" means a fish that                                                                      
04                      (A)  is harvested from a river, a lake, or an ocean;                                               
05                      (B)  has not been raised in captivity under control for its entire                                 
06            life; and                                                                                                    
07                      (C)  is free from added colors and additives.                                                      
08    * Sec. 50. AS 17.20.050 is amended to read:                                                                        
09            Sec. 17.20.050. Emergency permit control. When a [THE] department finds                                
10       after investigation that the distribution in the state of a class of food that the                            
11       department has responsibility for under AS 17.20.005 or 17.20.007 may, by reason                              
12       of contamination with microorganisms during the manufacture, processing, or                                       
13       packing, be injurious to health, and that the injurious nature cannot be adequately                               
14       determined after the articles have entered commerce, the department [IT], in that                             
15       case only, shall adopt regulations providing for the issuance of permits to                                       
16       manufacturers, processors, or packers of that class of food, to which shall be attached                           
17       the conditions governing the manufacture, processing, or packing of that class of food,                           
18       for a temporary period of time as may be necessary to protect the public health. After                            
19       the effective date of the regulations, and during the temporary period, no person may                             
20       introduce or deliver for introduction into commerce the food so manufactured,                                     
21       processed, or packed by any manufacturer, processor, or packer unless the                                         
22       manufacturer, processor, or packer of it holds a permit issued by the commissioner of                         
23       the department that has responsibility under AS 17.20.005 or 17.20.007 for the                                
24       particular food item.                                                                                         
25    * Sec. 51. AS 17.20.060 is amended to read:                                                                        
26            Sec. 17.20.060. Suspension and reinstatement of emergency permit. The                                      
27       commissioner of the department that has responsibility under AS 17.20.005 or                                  
28       17.20.007 for the particular food item may suspend immediately upon notice a                                  
29       permit issued under AS 17.20.050 if it is found that the conditions of the permit have                            
30       been violated. The holder of a suspended permit may apply for the reinstatement of the                            
31       permit, and the commissioner of the department that has responsibility under                                  
01       AS 17.20.005 or 17.20.007 for the particular food item, immediately after prompt                              
02       hearing and an inspection of the establishment, shall reinstate the permit if it is found                         
03       that adequate measures have been taken to comply with and maintain the conditions of                              
04       the permit as originally issued or as amended.                                                                    
05    * Sec. 52. AS 17.20.065 is amended by adding a new subsection to read:                                             
06            (c)  In this section, "department" means the Department of Environmental                                     
07       Conservation.                                                                                                     
08    * Sec. 53. AS 17.20.066 is amended by adding a new subsection to read:                                             
09            (f)  In this section, "commissioner" means the commissioner of environmental                                 
10       conservation.                                                                                                     
11    * Sec. 54. AS 17.20.067 is amended to read:                                                                        
12            Sec. 17.20.067. Seafood processing research. The commissioner of                                       
13       environmental conservation may conduct studies, research, experiments, and                                    
14       demonstrations, directly or through grants to or contracts with public or private                                 
15       agencies, organizations, or individuals to                                                                        
16                 (1)  improve sanitation practices in the processing of fish and fisheries                               
17       products; and                                                                                                     
18                 (2)  develop improved techniques for surveillance and inspection                                        
19       activities under this chapter.                                                                                    
20    * Sec. 55. AS 17.20.070 is amended to read:                                                                        
21            Sec. 17.20.070. Inspection by department. An officer or employee                                           
22       designated by the commissioner of the department that has responsibility under                                
23       AS 17.20.005 or 17.20.007 for the factory, aquatic farm, or establishment shall                               
24       have access to a factory, aquatic farm, or establishment, the operator of which holds a                           
25       permit from the commissioner of the department with responsibility under                                      
26       AS 17.20.005 or 17.20.007 for the factory, aquatic farm, or establishment, for the                            
27       purpose of ascertaining whether the conditions of the permit are being complied with.                             
28       Denial of access for inspection is ground for suspension of the permit until access is                            
29       freely given.                                                                                                     
30    * Sec. 56. AS 17.20.072 is amended to read:                                                                        
31            Sec.  17.20.072. Enforcement authority. The  department                                                
01       [COMMISSIONER] is responsible for enforcing AS 17.20.005 - 17.20.070                                          
02       [AS 17.20.005 - 17.20.075], and may delegate that authority as appropriate. This                                  
03       section does not limit the authority of peace officers. In this section, "department"                         
04       means the department that has responsibility under AS 17.20.005 or 17.20.007                                  
05       for the particular area of regulation.                                                                        
06    * Sec. 57. AS 17.20.180 is amended to read:                                                                        
07            Sec. 17.20.180. Regulations. The Department of Agriculture and Food the                                
08       Department of Environmental Conservation, and the Department of Health and Social                             
09       Services may adopt regulations for the efficient enforcement of their respective                                  
10       portions of this chapter. Each department may make the regulations conform, in so far                             
11       as practicable, with those adopted under the federal act.                                                         
12    * Sec. 58. AS 17.20.200(a) is amended to read:                                                                     
13            (a)  The commissioner of environmental conservation or an agent shall have                                   
14       free access at reasonable hours to a factory, warehouse, or establishment in which fish                       
15       or fisheries products [FOODS] or cosmetics are manufactured, processed, packed, or                            
16       held for introduction into commerce, to enter a vehicle being used to transport or hold                           
17       fish or fisheries products [THESE FOODS] or cosmetics in commerce, or to an                                   
18       aquatic farm in order to                                                                                          
19                 (1)  inspect a factory, warehouse, establishment, vehicle, or aquatic                                   
20       farm to determine if the provisions of the commissioner's respective portions of this                             
21       chapter are being violated; and                                                                                   
22                 (2)  secure samples or specimens of a fish or fisheries product                                     
23       [FOOD], aquatic farm product, or cosmetic.                                                                        
24    * Sec. 59. AS 17.20.200 is amended by adding a new subsection to read:                                             
25            (d)  The commissioner of agriculture and food or the commissioner's agent                                    
26       shall have free access at reasonable hours to a factory, warehouse, or establishment,                             
27       except a retail food establishment, in which agricultural food is manufactured,                                   
28       processed, packed, or held for introduction into commerce, to enter a vehicle being                               
29       used to transport or hold the foods in commerce in order to                                                       
30                 (1)  inspect a vehicle, factory, warehouse, or establishment, except a                                  
31       retail establishment, to determine if the provisions of the commissioner of agriculture                           
01       and food's respective portions of this chapter are being violated; and                                            
02                 (2)  secure samples or specimens of an agricultural food.                                               
03    * Sec. 60. AS 17.20.220(a) is amended to read:                                                                     
04            (a)  The commissioner of agriculture and food, the commissioner of                                       
05       environmental conservation, and the commissioner of health and social services may                            
06       have published from time to time reports summarizing judgments, decrees, and court                                
07       orders that [WHICH] have been rendered under their respective portions of this                                
08       chapter, including the nature of the charge and the disposition of it.                                            
09    * Sec. 61. AS 17.20.220(b) is amended to read:                                                                     
10            (b)  The commissioner of environmental conservation may disseminate                                      
11       [HAVE DISSEMINATED] information regarding fish or fisheries products, retail                                  
12       establishments, [FOOD] and cosmetics that [WHICH] the commissioner considers                              
13       necessary in the interest of public health and the protection of the consumer against                             
14       fraud. This section does not prohibit the commissioner from collecting, reporting, and                            
15       illustrating the results of the commissioner's investigations.                                                    
16    * Sec. 62. AS 17.20.220 is amended by adding a new subsection to read:                                             
17            (d)  The commissioner of agriculture and food may disseminate information                                    
18       regarding agricultural food that the commissioner considers necessary in the interest of                          
19       public health and the protection of the consumer against fraud. This section does not                             
20       prohibit the commissioner from collecting, reporting, and illustrating the results of the                         
21       commissioner's investigations.                                                                                    
22    * Sec. 63. AS 17.20.230(a) is amended to read:                                                                     
23            (a)  Whenever the commissioner of environmental conservation finds or has                                    
24       probable cause to believe that a fish or fisheries product [FOOD] or cosmetic is                              
25       adulterated, or so misbranded as to be dangerous or fraudulent within the meaning of                              
26       this chapter, the commissioner shall affix to it a tag or other appropriate marking,                              
27       giving notice that it is or is suspected of being adulterated or misbranded and has been                          
28       detained or embargoed, and warning all persons not to remove or dispose of it by sale                             
29       or otherwise until permission for removal or disposal is given by the commissioner or                             
30       the court. A person may not remove or dispose of a detained or embargoed article by                               
31       sale or otherwise without this permission.                                                                        
01    * Sec. 64. AS 17.20.230 is amended by adding a new subsection to read:                                             
02            (c)  Whenever the commissioner of agriculture and food finds or has probable                                 
03       cause to believe that an agricultural food is adulterated, or so misbranded as to be                              
04       dangerous or fraudulent within the meaning of this chapter, the commissioner shall                                
05       affix to it a tag or other appropriate marking, giving notice that it is or is suspected of                       
06       being adulterated or misbranded and has been detained or embargoed, and warning all                               
07       persons not to remove or dispose of it by sale or otherwise until permission for                                  
08       removal or disposal is given by the commissioner or the court. A person may not                                   
09       remove or dispose of a detained or embargoed article by sale or otherwise without this                            
10       permission.                                                                                                       
11    * Sec. 65. AS 17.20.240 is amended to read:                                                                        
12            Sec. 17.20.240. Petition for libel for condemnation. When an article detained                              
13       or embargoed under AS 17.20.230 has been found by the commissioner of                                         
14       agriculture and food, the commissioner of environmental conservation, or the                              
15       commissioner of health and social services, as the case may be, to be adulterated or                              
16       misbranded, the appropriate commissioner shall petition the superior court for a libel                            
17       for condemnation of the article. When that commissioner finds that a detained or                                  
18       embargoed article is not adulterated or misbranded, the commissioner shall remove the                             
19       tag or other marking.                                                                                             
20    * Sec. 66. AS 17.20.250 is amended to read:                                                                        
21            Sec. 17.20.250. Destruction of adulterated or misbranded goods. If the                                     
22       superior court finds that a detained or embargoed article is adulterated or misbranded,                           
23       it shall, after entry of the decree, be destroyed at the expense of the claimant, under the                       
24       supervision of the commissioner of agriculture and food, the commissioner of                                  
25       environmental conservation, or the commissioner of health and social services, as the                         
26       case may be. Court costs and fees and storage and other proper expenses shall be taxed                            
27       against the claimant of the article.                                                                              
28    * Sec. 67. AS 17.20.260 is amended to read:                                                                        
29            Sec. 17.20.260. Exemption from destruction. When the adulteration or                                       
30       misbranding can be corrected by proper labeling or processing of the article, and after                           
31       entry of the decree and after costs, fees, and expenses have been paid and a good and                             
01       sufficient bond, conditioned that the article will be properly labeled or processed has                           
02       been executed, the court may order that the article be delivered to the claimant for                              
03       labeling or processing under the supervision of the commissioner of agriculture and                           
04       food, the commissioner of environmental conservation, or the commissioner of health                       
05       and social services, as the case may be. The claimant shall pay the expense of                                    
06       supervision. The bond shall be returned to the claimant of the article on representation                          
07       to the court by the appropriate commissioner that the article is no longer in violation of                        
08       this chapter, and that the expenses of supervision have been paid.                                                
09    * Sec. 68. AS 17.20.270 is amended to read:                                                                        
10            Sec. 17.20.270. Immediate destruction of contaminated food. Meat,                                          
11       seafood, poultry, vegetable, fruit, or other perishable article in any room, building,                            
12       vehicle of transportation, or other structure that [WHICH] is unsound, or contains                            
13       filthy, decomposed, or putrid substance, or a substance that may be poisonous or                                  
14       deleterious to health or otherwise unsafe, is a nuisance. Whenever the commissioner                               
15       of the department that is responsible under AS 17.20.005 or 17.20.007 for the                                 
16       article or structure [ENVIRONMENTAL CONSERVATION] finds [SUCH] an                                             
17       article that is a nuisance under this section, the commissioner shall immediately                             
18       condemn or destroy it or in any other manner render it unsalable as human food.                                   
19    * Sec. 69. AS 17.20.280 is amended to read:                                                                        
20            Sec. 17.20.280. Injunction proceedings. The commissioner of agriculture                                
21       and food, the commissioner of environmental conservation, and the commissioner of                         
22       health and social services may apply to the superior court for, and the court has                                 
23       jurisdiction to grant, a temporary or permanent injunction restraining a person from                              
24       violating their respective portions of this chapter.                                                              
25    * Sec. 70. AS 17.20.290(b) is amended to read:                                                                     
26            (b)  The commissioner of environmental conservation or a designee of the                                     
27       commissioner is responsible for enforcing the provisions of (a)(1) - (10) of this                                 
28       section, if the subject of the prohibited act involves fish or fisheries products, retail                     
29       food establishments, [FOOD] or cosmetics, and the provisions of (a)(12) of this                               
30       section. This subsection does not limit the authority of peace officers.                                          
31    * Sec. 71. AS 17.20.290 is amended by adding a new subsection to read:                                             
01            (d)  The commissioner of agriculture and food or a designee of the                                           
02       commissioner is responsible for enforcing the provisions of (a)(1) - (10) of this                                 
03       section, if the subject of the prohibited act involves agricultural food and does not                             
04       involve the inspection of retail food establishments. This subsection does not limit the                          
05       authority of peace officers.                                                                                      
06    * Sec. 72. AS 17.20.315(c) is amended to read:                                                                     
07            (c)  In this section, "department" means the department with the                                         
08       responsibility for the subject of the violation under this chapter [DEPARTMENT                                
09       OF ENVIRONMENTAL CONSERVATION].                                                                                   
10    * Sec. 73. AS 17.20.350 is amended to read:                                                                        
11            Sec. 17.20.350. Report of minor violations. Nothing in this chapter requires                               
12       [EITHER] the commissioner of agriculture and food, the commissioner of                                        
13       environmental conservation, or the commissioner of health and social services, as the                         
14       case may be, to report minor violations of their respective portions of this chapter for                          
15       prosecution, or for the institution of libel or injunction proceedings, when that                                 
16       commissioner believes that the public interest will be adequately served by a suitable                            
17       written notice or warning.                                                                                        
18    * Sec. 74. AS 17.20.360 is amended to read:                                                                        
19            Sec. 17.20.360. Attorney general to prosecute. The attorney general, to                                    
20       whom the commissioner of agriculture and food, the commissioner of                                            
21       environmental conservation, or the commissioner of health and social services, as the                         
22       case may be, reports a violation of this chapter, shall institute appropriate proceedings                         
23       in the superior court without delay and prosecute them in the manner required by law.                             
24    * Sec. 75. AS 17.20.370 is amended by adding  new paragraphs to read:                                              
25                 (17)  "agricultural food" means food, except for fish or fisheries                                      
26       products;                                                                                                         
27                 (18)  "retail food establishment" means a business that sells prepared                                  
28       food products to the general public for consumption on or off the premises, and                                   
29       includes a business that is, or contains on its premises, a restaurant, a delicatessen, a                         
30       salad bar, or a bakery.                                                                                           
31    * Sec. 76. AS 18.65.340(f) is amended to read:                                                                     
01            (f)  In this section,                                                                                        
02                 (1)  "department" means a department of state government listed in                                      
03       AS 44.17.005(2) - (16) [AS 44.17.005(2) - (15)];                                                              
04                 (2)  "firearm" does not include a firearm that has been used in a                                       
05       homicide;                                                                                                         
06                 (3)  "surplus firearm" means a firearm or ammunition that is forfeited,                                 
07       surplus, or recovered but unclaimed.                                                                              
08    * Sec. 77. AS 37.05.146(c)(55) is amended to read:                                                                 
09                 (55)  money received by the Department of Agriculture and Food                                      
10       and the Department of Environmental Conservation from the inspection of food under                            
11       AS 17.20;                                                                                                         
12    * Sec. 78. AS 38.07.030(a) is amended to read:                                                                     
13            (a)  An owner of agricultural land, or a lessee from the state of agricultural                               
14       land, in the general vicinity of the land to be cleared or drained under AS 38.07.010(a)                          
15       may apply to the commissioner to have the land cleared or drained or both along with                              
16       the state land. The applicant's land shall be included in the contract of land to be                              
17       cleared or drained if, in the discretion of the commissioner, the inclusion is feasible                           
18       and furthers the agricultural policies of the [DIVISION OF THE] Department of                                     
19       Agriculture and Food [NATURAL RESOURCES WITH RESPONSIBILITY FOR                                               
20       AGRICULTURE].                                                                                                     
21    * Sec. 79. AS 44.17.005 is amended to read:                                                                        
22            Sec. 44.17.005. Offices and departments. There are in the state government                                 
23       the following principal offices and departments:                                                                  
24                 (1)  Office of the Governor;                                                                        
25                 (2)  Department of Administration;                                                                  
26                 (3)  Department of Law;                                                                             
27                 (4)  Department of Revenue;                                                                         
28                 (5)  Department of Education and Early Development;                                                 
29                 (6)  Department of Health and Social Services;                                                      
30                 (7)  Department of Labor and Workforce Development;                                                 
31                 (8)  Department of Commerce, Community, and Economic                                                    
01       Development;                                                                                                  
02                 (9)  Department of Military and Veterans' Affairs;                                                  
03                 (10)  Department of Natural Resources;                                                              
04                 (11)  Department of Fish and Game;                                                                  
05                 (12)  Department of Public Safety;                                                                  
06                 (13)  Department of Transportation and Public Facilities;                                           
07                 (14)  Department of Environmental Conservation;                                                     
08                 (15)  Department of Corrections;                                                                    
09                 (16)  Department of Agriculture and Food.                                                           
10    * Sec. 80. AS 44.37.020(a) is amended to read:                                                                     
11            (a)  The Department of Natural Resources shall administer the state program                                  
12       for the conservation and development of natural resources, including forests, parks,                              
13       and recreational areas, land, water, [AGRICULTURE, SOIL CONSERVATION,] and                                        
14       minerals including petroleum and natural gas, but excluding commercial fisheries,                                 
15       sport fish, game, and fur-bearing animals in their natural state.                                                 
16    * Sec. 81. AS 44.46.020(a) is amended to read:                                                                     
17            (a)  The Department of Environmental Conservation shall                                                      
18                 (1)  have primary responsibility for coordination and development of                                    
19       policies, programs, and planning related to the environment of the state and of the                               
20       various regions of the state;                                                                                     
21                 (2)  have primary responsibility for the adoption and enforcement of                                    
22       regulations setting standards for the prevention and abatement of all water, land,                                
23       subsurface land, and air pollution, and other sources or potential sources of pollution                           
24       of the environment, including by way of example only, petroleum and natural gas                                   
25       pipelines;                                                                                                        
26                 (3)  promote and develop programs for the protection and control of the                                 
27       environment of the state;                                                                                         
28                 (4)  take actions that are necessary and proper to further the policy                                   
29       declared in AS 46.03.010;                                                                                         
30                 (5)  adopt regulations for                                                                              
31                      (A)  the prevention and control of public health nuisances;                                        
01                      (B)  the regulation of sanitation and sanitary practices in the                                    
02            interest of public health under AS 03 and AS 17.20;                                                      
03                      (C)  standards of cleanliness and sanitation under AS 03 and                                   
04            AS 17.20 in connection with the construction, operation, and maintenance of a                            
05            camp, cannery, food handling establishment, food manufacturing plant,                                        
06            mattress manufacturing establishment, industrial plant, school, barbershop,                                  
07            hairdressing, manicuring, esthetics, tattooing and permanent cosmetic coloring,                              
08            body piercing, or ear piercing establishment, soft drink establishment, beer and                             
09            wine dispensaries, and for other similar establishments in which lack of                                     
10            sanitation may create a condition that causes disease;                                                       
11                      (D)  the regulation of quality and purity of commercially                                          
12            compressed air sold for human respiration.                                                                   
13    * Sec. 82. AS 44.46.025(a) is amended to read:                                                                     
14            (a)  Except as otherwise provided in AS 37.10.050 - 37.10.056, the Department                                
15       of Environmental Conservation may adopt regulations that prescribe reasonable fees,                               
16       and establish procedures for the collection of those fees, to cover the applicable direct                         
17       costs, not including travel except in the case of a designated regulatory service, as that                        
18       term is defined in AS 37.10.058, of inspections, permit preparation and administration,                           
19       plan review and approval, and other services provided by the department relating to                               
20                 (1)  fish or fisheries [ANIMALS AND ANIMAL] products and retail                                 
21       food establishments under AS 03.05; fish or fisheries products, retail food                               
22       establishments, drugs, and cosmetics under AS 17.20; and public accommodations                                
23       and facilities under AS 18.35;                                                                                    
24                 (2)  certificates of inspection for motor vehicles under AS 46.14.400 or                                
25       46.14.510;                                                                                                        
26                 (3)  drinking water systems under AS 46.03.720;                                                         
27                 (4)  water and wastewater operator training under AS 46.30;                                             
28                 (5)  waste management and disposal authorizations under                                                 
29       AS 46.03.100;                                                                                                     
30                 (6)  certification of laboratories conducting environmental analyses of                                 
31       public drinking water systems or of oil or hazardous substances, or conducting other                              
01       analyses required by the department;                                                                              
02                 (7)  certification of federal permits or authorizations under 33 U.S.C.                                 
03       1341 (sec. 401, Clean Water Act);                                                                                 
04                 (8)  regulation of point source discharges of pollutants under the                                      
05       program authorized by AS 46.03.020(12);                                                                           
06                 (9)  regulation of pesticides and broadcast chemicals registered under                                  
07       AS 46.03.320(a)(4), with a reasonable fee not to exceed $120;                                                     
08                 (10)  licensing of pesticide applicators under AS 46.03.320(b), with a                                  
09       reasonable fee not to exceed $25.                                                                                 
10    * Sec. 83. AS 44 is amended by adding a new chapter to read:                                                       
11                Chapter 48. Department of Agriculture and Food.                                                        
12            Sec. 44.48.010. Commissioner. The principal executive officer of the                                       
13       Department of Agriculture and Food is the commissioner of agriculture and food.                                   
14            Sec. 44.48.020. Duties of department. (a) The department shall                                             
15                 (1)  have primary responsibility for coordination and development of                                    
16       policies, programs, and planning related to commercial agriculture in the state;                                  
17                 (2)  promote and develop programs for the protection and promotion of                                   
18       commercial agriculture in the state;                                                                              
19                 (3)  obtain and distribute information on subjects connected with                                       
20       commercial agriculture;                                                                                           
21                 (4)  control and regulate the entry and transportation of seeds, plants,                                
22       and other horticultural products into and within the state;                                                       
23                 (5)  control and eradicate the spread of pests injurious to plants, trees,                              
24       vegetables, fruit, livestock, and poultry;                                                                        
25                 (6)  aid in developing used and unused agricultural resources; and                                      
26                 (7)  experiment and determine practical methods of growing,                                             
27       processing, soil analysis, eradication of obnoxious weeds, control of insects, and                                
28       cheaper and more satisfactory methods of land clearing.                                                           
29            (b)  The department may adopt regulations to implement its powers and duties.                                
30            Sec. 44.48.030. Fees for services. (a) The department may adopt regulations                                
31       that establish reasonable fees, and establish procedures for the collection of those fees,                        
01       to cover the applicable direct costs, except for travel unless for a designated regulatory                        
02       service, of inspections, permit preparation, permit administration, plan review, plan                             
03       approval, and other services provided by the department relating to                                               
04                 (1)  the department's responsibilities under AS 03;                                                     
05                 (2)  the department's responsibilities under AS 17.20.                                                  
06            (b)  The department may not charge a fee for a service that is provided by a                                 
07       municipality under a delegation of authority by the department to the municipality.                               
08            (c)  Notwithstanding (a) of this section, the department may not charge a fee                                
09       for an inspection, permit, or other service provided by the department under AS 03.05                             
10       to a school.                                                                                                      
11            (d)  In this section,                                                                                        
12                 (1)  "direct cost" has the meaning given in AS 37.10.058;                                               
13                 (2)  "school" means a public school or private school for children of                                   
14       school age, or a head start center that receives federal financial assistance under 42                            
15       U.S.C. 9835;                                                                                                      
16                 (3)  "school age" has the meaning given in AS 14.03.070.                                                
17            Sec. 44.48.090. Definitions. In this chapter, "department" means the                                       
18       Department of Agriculture and Food.                                                                               
19    * Sec. 84. AS 44.62.330(a)(16) is amended to read:                                                                 
20                 (16) Department of Agriculture and Food, Department of Health and                                   
21       Social Services, and Department of Environmental Conservation under AS 17.20                                  
22       (Alaska Food, Drug, and Cosmetic Act), and Department of Commerce, Community,                                     
23       and Economic Development in connection with the licensing of embalmers and                                        
24       funeral directors under AS 08.42;                                                                                 
25    * Sec. 85. AS 44.62.330(a)(34) is amended to read:                                                                 
26                 (34)  Department of Agriculture and Food [NATURAL                                                   
27       RESOURCES] concerning the Alaska grain reserve program under former AS 03.12;                                     
28    * Sec. 86. AS 03.47.040(2); AS 03.90.010; AS 17.20.075; and AS 44.37.030 are repealed.                             
29    * Sec. 87. The uncodified law of the State of Alaska is amended by adding a new section to                         
30 read:                                                                                                                   
31       TRANSITION: REGULATIONS. The Department of Agriculture and Food, created                                          
01 under sec. 83 of this Act, the Department of Environmental Conservation, and the Department                             
02 of Natural Resources may adopt, amend, and repeal regulations as necessary to implement                                 
03 this Act. The regulations take effect under AS 44.62 (Administrative Procedure Act), but not                            
04 before July 1, 2014.                                                                                                    
05    * Sec. 88. Section 87 of this Act takes effect immediately under AS 01.10.070(c).                                  
06    * Sec. 89. Except as provided in sec. 88 of this Act, this Act takes effect July 1, 2014.