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.