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HB 16: "An Act relating to the Alaska Food, Drug, and Cosmetic Act; and relating to the sale of milk, milk products, raw milk, and raw milk products."

00                              HOUSE BILL NO. 16                                                                          
01 "An Act relating to the Alaska Food, Drug, and Cosmetic Act; and relating to the sale of                                
02 milk, milk products, raw milk, and raw milk products."                                                                  
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Sec. 1. AS 17.20.005 is amended to read:                                                                         
05            Sec. 17.20.005. Powers and duties of commissioner. To carry out the                                        
06       requirements of this chapter, the commissioner may issue orders, regulations, permits,                            
07       quarantines, and embargoes relating to                                                                            
08                 (1)  food offered to the public or sold, including                                                      
09                      (A)  inspection of meat, fish, poultry, and other food products;                                   
10                      (B)  standards of sanitation and handling methods for all phases                                   
11            of slaughtering, processing, storing, transporting, displaying, and selling;                                 
12                      (C)  labeling; and                                                                                 
13                      (D)  the training, testing, and certification requirements for                                     
14            individuals who handle or prepare food, their supervisors, and their employers                               
01            to ensure their knowledge of food safety and sanitation principles and                                       
02            requirements;                                                                                                
03                 (2)  control and eradication of pests;                                                                  
04 (3)  enforcement of hazard analysis critical control point programs for                                                 
05 seafood processing that are developed in cooperation with appropriate industry                                          
06 representatives or, to the extent not inconsistent with this chapter or regulations                                     
07 adopted under the authority of this chapter, that are established by regulations of the                                 
08       United States Food and Drug Administration as they may periodically be revised;                                   
09                 (4)  labeling, subject to AS 17.20.013 and 17.20.015, and grading of                                
10 milk and milk products and standards of sanitation for dairies offering to the public or                                
11 selling milk or milk products to at least the minimum of current recommendations of                                     
12 the United States Public Health Service pasteurized milk ordinance as it may                                            
13       periodically be revised, subject to AS 17.20.015;                                                             
14 (5)  standards and conditions for the operation and siting of aquatic                                                   
15       farms and related hatcheries, including                                                                           
16                      (A)  restrictions on the use of chemicals; and                                                     
17 (B)  requirements to protect the public from contaminated                                                               
18            aquatic farm products that pose a risk to health;                                                            
19 (6)  monitoring aquatic farms and aquatic farm products to ensure                                                       
20 compliance with this chapter and, to the extent not inconsistent with this chapter or                                   
21 regulations adopted under the authority of this chapter, with the requirements of the                                   
22 national shellfish sanitation program manual of operations published by the United                                      
23       States Food and Drug Administration as it may periodically be revised;                                            
24 (7)  tests and analyses that may be made and hearings that may be held                                                  
25       to determine whether the commissioner will issue a stop order or quarantine;                                      
26 (8)  transportation of, use of, disposal of, recalls of, or warnings                                                    
27       concerning quarantined or embargoed items;                                                                        
28                 (9)  cooperation with federal and other state agencies.                                                 
29    * Sec. 2. AS 17.20 is amended by adding a new section to read:                                                     
30 Sec. 17.20.015. Sale of raw milk products. (a) A person that complies with                                            
31 any state requirements for the sale of raw milk that do not conflict with this section                                  
01       may sell a raw milk product to a final consumer if the principal display panel on the                             
02       raw milk product prominently states that the raw milk product is not pasteurized and                              
03       may cause health concerns.                                                                                        
04            (b)  This section does not apply to a sale that is governed by federal law.                                  
05            (c)  In this section,                                                                                        
06                 (1)  "raw milk" means milk that is not pasteurized;                                                     
07                 (2)  "raw milk product" means raw milk or a product or byproduct of                                     
08       raw milk.                                                                                                         
09    * Sec. 3. AS 17.20 is amended by adding a new section to article 7 to read:                                        
10 Sec. 17.20.335. Exemptions. (a) Except as otherwise provided under this                                               
11 section, the licensing, permitting, certification, packaging, and inspection requirements                               
12 under this chapter or regulations adopted under this chapter do not apply to a food                                     
13       product that                                                                                                      
14                 (1)  is sold directly by the producer to the end consumer;                                              
15                 (2)  is only for home consumption;                                                                      
16                 (3)  occurs only in the state;                                                                          
17                 (4)  does not involve interstate commerce; and                                                          
18                 (5)  does not involve the sale of meat products, except for                                             
19                      (A)  poultry and poultry products;                                                                 
20                      (B)  live animals intended for slaughter;                                                          
21 (C)  portions of animals for future delivery if the purchaser or a                                                      
22 processing facility licensed by the state or a federal agency processes the                                             
23            animals.                                                                                                     
24 (b)  If a food product exempt under (a) of this section is not processed,                                               
25 prepared, or packaged in a permitted, approved, or inspected facility, the producer of                                  
26 the food product shall conspicuously display to consumers the statement "THESE                                          
27 PRODUCTS ARE NOT SUBJECT TO STATE REGULATION"; to comply with this                                                      
28       subsection, the statement must be                                                                                 
29 (1)  set out on a card, placard, or sign that is conspicuously posted at                                                
30       the point of sale; or                                                                                             
31 (2)  conspicuously displayed on the label of each food product that is                                                  
01       packaged.                                                                                                         
02            (c)  Notwithstanding an exemption under (a) of this section, the Department of                               
03       Environmental Conservation may inspect or investigate food when investigating a                                   
04       food-borne illness.                                                                                               
05            (d)  A food product exempt under (a) of this section is subject to AS 17.20.044                              
06       - 17.20.048.