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CSHB 217(RES): "An Act relating to civil liability for risks inherent in farm touring; relating to the state and municipal procurement preferences for agricultural products harvested in the state and fisheries products harvested or processed in the state; relating to merchandise sold and certain fees charged or collected by the Department of Natural Resources; relating to the Alaska Food, Drug, and Cosmetic Act; and providing for an effective date."

00                       CS FOR HOUSE BILL NO. 217(RES)                                                                    
01 "An Act relating to civil liability for risks inherent in farm touring; relating to the state                           
02 and municipal procurement preferences for agricultural products harvested in the state                                  
03 and fisheries products harvested or processed in the state; relating to merchandise sold                                
04 and certain fees charged or collected by the Department of Natural Resources; relating                                  
05 to the Alaska Food, Drug, and Cosmetic Act; and providing for an effective date."                                       
06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
07    * Section 1. The uncodified law of the State of Alaska is amended by adding a new section                          
08 to read:                                                                                                                
09       SHORT TITLE. This Act may be known as the Alaska Food Freedom Act.                                                
10    * Sec. 2. AS 03.05.010 is amended by adding a new subsection to read:                                              
11 (c)  The commissioner of natural resources may sell promotional merchandise                                             
12 related to the "Alaska Grown" trademark and may charge or collect a fee for the sale                                    
13 of promotional merchandise related to the "Alaska Grown" trademark. The                                                 
14 commissioner may issue a license and charge a license fee for the sale of promotional                                   
01 merchandise related to the "Alaska Grown" trademark. The commissioner shall price                                       
02 merchandise sold by the commissioner under this subsection in a manner that ensures                                     
03 a reasonable monetary return to the state. To the extent practicable, the commissioner                                  
04 shall sell only merchandise produced or manufactured in the United States that,                                         
05 subject to AS 36.30, is procured from either an Alaska bidder or a person that employs                                  
06       prisoners under AS 33.30.191(b).                                                                                  
07    * Sec. 3. AS 09.65.290(e)(3) is amended to read:                                                                   
08                 (3)  "sports or recreational activity"                                                                  
09                      (A)  means a commonly understood sporting activity, whether                                        
10 undertaken with or without permission, including baseball, softball, football,                                          
11 soccer, basketball, hockey, bungee jumping, parasailing, bicycling, hiking,                                             
12 swimming, skateboarding, horseback riding and other equine activity, farm                                           
13 touring, dude ranching, mountain climbing, river floating, whitewater rafting,                                      
14 canoeing, kayaking, hunting, fishing, backcountry trips, mushing, backcountry                                           
15 or helicopter-assisted skiing, alpine skiing, Nordic skiing, snowboarding,                                              
16            telemarking, snow sliding, snowmobiling, off-road and all-terrain vehicle use;                               
17                      (B)  does not include                                                                              
18 (i)  boxing contests, sparring or wrestling matches, or                                                                 
19                 exhibitions that are subject to the requirements of AS 05.10;                                           
20 (ii)  activities involving the use of devices that are                                                                  
21                 subject to the requirements of AS 05.20; or                                                             
22 (iii)  skiing or sliding activities at a ski area that are                                                              
23                 subject to the requirements of AS 05.45.                                                                
24    * Sec. 4. AS 09.65.290(e) is amended by adding a new paragraph to read:                                            
25 (4)  "farm touring" means briefly visiting a farm to observe or                                                         
26 experience aspects of raising, growing, producing, cultivating, harvesting, or                                          
27       processing an agricultural product as a tourist, without receiving pay.                                           
28    * Sec. 5. AS 17.20 is amended by adding a new section to article 7 to read:                                        
29 Sec. 17.20.335. Exemptions for certain in-state food production. (a) Except                                           
30 as otherwise provided under this section, the licensing, permitting, certification,                                     
31 packaging, and inspection requirements under this chapter or regulations adopted                                        
01       under this chapter do not apply to                                                                                
02                 (1)  a food that is sold directly by the producer to the end consumer;                                  
03                 (2)  a food that is only for home consumption;                                                          
04                 (3)  a food that is sold in the state;                                                                  
05                 (4)  a food that is not involved in interstate commerce;                                                
06                 (5)  a food that is part of a gross sale of $25,000 or less; and                                        
07                 (6)  the sale of meat products, except for                                                              
08                      (A)  poultry and poultry products;                                                                 
09                      (B)  live animals intended for slaughter;                                                          
10 (C)  portions of animals for future delivery if the purchaser, or a                                                     
11 processing facility licensed by the state or a federal agency, processes the                                            
12            animals.                                                                                                     
13 (b)  If food exempt under (a) of this section is not processed, prepared, or                                            
14 packaged in a permitted, approved, or inspected facility, the producer of the food shall                                
15 conspicuously display to consumers the statement "THIS PRODUCT WAS MADE IN                                              
16 A PRIVATE FACILITY THAT IS NOT SUBJECT TO STATE OR MUNICIPAL                                                            
17       REGULATION"; to comply with this subsection, the statement must be                                                
18 (1)  set out on a card, placard, or sign that is conspicuously posted at                                                
19       the point of sale; or                                                                                             
20                 (2)  conspicuously displayed on the label of food that is packaged.                                     
21 (c)  Notwithstanding an exemption under (a) of this section, the Department of                                          
22 Environmental Conservation may inspect or investigate food when investigating a                                         
23       food-borne illness.                                                                                               
24 (d)  Food exempt under (a) of this section is subject to AS 17.20.044 -                                                 
25       17.20.048.                                                                                                        
26 (e)  The seller of food exempt under (a) of this section may sell it on an                                              
27 Internet website so long as the seller delivers the food to the buyer at the farm from                                  
28 which the food was produced, or, if identified and designated by the seller on the                                      
29       seller's Internet website, the seller may deliver the food to the buyer                                           
30                 (1)  at a farmers' market; or                                                                           
31                 (2)  through a person representing the seller.                                                          
01            (f)  In this section, "farmers' market" means a physical place where two or                                  
02       more farmers sell food directly to end consumers of the food.                                                     
03    * Sec. 6. AS 29.71.040(a) is repealed and reenacted to read:                                                       
04 (a)  If a municipality that receives state money seeks to purchase an                                                   
05 agricultural product and an agricultural product harvested in the state is available that                               
06 is of like quality compared with a similar agricultural product harvested outside the                                   
07       state, the municipality                                                                                           
08                 (1)  shall purchase the product harvested in the state if the product is                                
09       priced not more than seven percent above the similar product harvested outside the                                
10       state;                                                                                                            
11 (2)  may purchase the product harvested in the state only if the product                                                
12 is priced not more than 15 percent above the similar product harvested outside the                                      
13       state.                                                                                                            
14    * Sec. 7. AS 29.71.040(b) is repealed and reenacted to read:                                                       
15 (b)  If a municipality that receives state money seeks to purchase a fisheries                                          
16 product and a fisheries product harvested or processed within the jurisdiction of the                                   
17 state is available that is of like quality compared with a similar fisheries product                                    
18       harvested or processed outside the jurisdiction of the state, the municipality                                    
19 (1)  shall purchase the product harvested or processed within the                                                       
20 jurisdiction of the state if the product is priced not more than seven percent above the                                
21       similar product harvested or processed outside the jurisdiction of the state;                                     
22 (2)  may purchase the product harvested or processed in the jurisdiction                                                
23 of the state only if the product is priced not more than 15 percent above the product                                   
24       harvested or processed outside the jurisdiction of the state.                                                     
25    * Sec. 8. AS 29.71.040(c) is amended to read:                                                                      
26 (c)  A solicitation by a municipality for the purchase of agricultural or fisheries                                     
27 products must include written notice of the purchase requirements and limitations                                   
28 under (a) and (b) of this section and [SHALL] specify [THE REQUIREMENT] that                                        
29 agricultural products harvested in the state and fisheries products harvested or                                
30 processed within the jurisdiction of the state will [SHALL] be used where possible,                             
31 subject to the limitations under (a) and (b) of this section. If a municipality that                                
01 receives state money purchases agricultural products harvested outside the state or                                 
02 fisheries products harvested or processed outside the jurisdiction of the state, the                            
03 municipal officer responsible for the purchase shall certify in writing the reasons that                                
04 agricultural products harvested in the state or fisheries products harvested or                                 
05       processed within the jurisdiction of the state were not purchased.                                            
06    * Sec. 9. AS 36.15.050(a) is amended to read:                                                                      
07 (a)  When agricultural products are purchased by the state or by a school                                               
08 district that receives state money, a [SEVEN PERCENT] preference not less than                                      
09 seven percent nor more than 15 percent shall be applied to the price of [THE]                                       
10       products harvested in the state.                                                                                  
11    * Sec. 10. AS 36.15.050(b) is amended to read:                                                                     
12 (b)  When fisheries products are purchased by the state or by a school district                                         
13 that receives state money, a [SEVEN PERCENT] preference not less than seven                                         
14 percent nor more than 15 percent shall be applied to the price of [THE] products                                    
15       harvested or processed within the jurisdiction of the state.                                                      
16    * Sec. 11. AS 36.15.050(c) is amended to read:                                                                     
17 (c)  A solicitation for the purchase of agricultural or fisheries products must                                     
18 include written notice of the preferences under (a) and (b) of this section and                                     
19 [SHALL] specify [THE REQUIREMENT] that agricultural products harvested in the                                       
20 state and fisheries products harvested or processed within the jurisdiction of the                                  
21 state will [SHALL] be used where possible. If the state or a school district that                                   
22 receives state money purchases agricultural products harvested outside the state or                                 
23 fisheries products harvested or processed outside the jurisdiction of the state, the                            
24 officer responsible for the purchase shall certify in writing the reasons that                                          
25 agricultural products harvested in the state or fisheries products harvested or                                 
26       processed within the jurisdiction of the state were not purchased.                                            
27    * Sec. 12. AS 37.05.146(c) is amended by adding a new paragraph to read:                                           
28 (90)  fees collected by the Department of Natural Resources under                                                       
29       AS 03.05.010(c).                                                                                                  
30    * Sec. 13. The uncodified law of the State of Alaska is amended by adding a new section to                         
31 read:                                                                                                                   
01       APPLICABILITY. AS 09.65.290, as amended by secs. 3 and 4 of this Act, applies to                                  
02 acts or omissions occurring on or after the effective date of this Act.                                                 
03    * Sec. 14. This Act takes effect July 1, 2019.