00                            SENATE BILL NO. 210                                                                         
01 "An Act relating to the misrepresentation of seafood and seafood ingredients by retail                                  
02 food establishments."                                                                                                   
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1. AS 17.20 is amended by adding a new section to read:                                                  
05            Sec. 17.20.042. Misrepresentation of seafood on menu. (a) A retail food                                    
06       establishment may not misrepresent on a menu the identity or origin of a seafood or                               
07       seafood ingredient in a prepared food product.                                                                    
08            (b)  An employee of a retail food establishment may report a violation of (a) of                             
09       this section to the department anonymously.                                                                       
10            (c)  A retail food establishment may not directly or indirectly dismiss, demote,                             
11       suspend, lay off, refuse to promote, or otherwise retaliate against an employee who                               
12       reports a violation of (a) of this section.                                                                       
13            (d)  A retail food establishment does not violate (a) of this section if the retail                          
14       food establishment                                                                                                

01 (1)  verbally warns a customer before the customer places an order that                                                 
02 the retail food establishment will substitute another seafood or seafood ingredient for                                 
03       the seafood or seafood ingredient identified on the menu; or                                                      
04 (2)  offers, before the misrepresentation is reported to the department, a                                              
05 full refund of the price of the seafood or the prepared food product that contains                                      
06 seafood ingredients to the customer who paid for the seafood or prepared food                                           
07       product.                                                                                                          
08 (e)  Notwithstanding AS 17.20.305, a retail food establishment that violates (a)                                        
09 or (c) of this section is guilty of a violation and is punishable as provided in AS 12.55                               
10 by a fine of $500 for each violation, but not to exceed a total of $50,000 for all                                      
11       violations.                                                                                                       
12            (f)  In this section,                                                                                        
13 (1)  "menu" includes a list of food that is given to customers or posted                                                
14       in the retail food establishment;                                                                                 
15 (2)  "seafood" means salmon, halibut, herring, flounder, crab, clam,                                                    
16 cod, shrimp, pollock, other finfish and shellfish, and byproducts of salmon, halibut,                                   
17       herring, flounder, crab, clam, cod, shrimp, pollock, and other finfish and shellfish.                             
18    * Sec. 2. AS 17.20.075 is amended by adding new paragraphs to read:                                                
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" means a business that sells prepared                                                    
23 food products to the general public for consumption on or off the premises, and                                         
24 includes a business that is, or contains on its premises, a restaurant, delicatessen, salad                             
25 bar, or bakery; "retail food establishment" does not include an establishment that is                                   
26       provided by                                                                                                       
27                      (A) an employer primarily for the employees of the employer;                                       
28 (B) a school primarily for the students and employees of the                                                            
29            school; or                                                                                                   
30 (C) a correctional facility primarily for persons held under                                                            
31            official detention.                                                                                          

01    * Sec. 3. AS 17.20.049(b)(3) and AS 17.20.049(b)(4) are repealed.