HB 111: "An Act transferring the division with responsibility for agriculture from the Department of Natural Resources to the Department of Commerce, Community, and Economic Development; and providing for an effective date."
00 HOUSE BILL NO. 111 01 "An Act transferring the division with responsibility for agriculture from the 02 Department of Natural Resources to the Department of Commerce, Community, and 03 Economic Development; and providing for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 03.05.010 is amended to read: 06 Sec. 03.05.010. Powers and duties of commissioner of commerce, 07 community, and economic development [NATURAL RESOURCES]. (a) The 08 commissioner [OF NATURAL RESOURCES] shall 09 (1) direct, administer, and supervise promotional and experimental 10 work, extension services, and agricultural projects for the purpose of promoting and 11 developing commercial and noncommercial agricultural industry in the state, 12 including horticulture, dairying, cattle raising, fur farming, grain production, vegetable 13 production, and agricultural products; 14 (2) procure and preserve all information pertaining to developing the
01 agricultural industry in the state and disseminate that information to the public; 02 (3) assist prospective settlers and others to engage in the agricultural 03 industry in the state by providing information about activities and programs essential 04 to developing the agricultural industry and areas in the state that are suitable for 05 agriculture; 06 (4) review the marketing, financing, transportation, and development 07 of agricultural products in the state, with special emphasis on local production, and 08 negotiate for the marketing of agricultural products of the state with federal and state 09 agencies operating in the state; 10 (5) regulate and control the entry in the state and the transportation, 11 sale, or use in the state of plants, seeds, vegetables, shell eggs, fruits and berries, 12 nursery stock, animal feeds, remedies and mineral supplements, fertilizers, and 13 agricultural chemicals to prevent the spread of pests, diseases, or toxic substances 14 injurious to the public interest and protect the agricultural industry against fraud, 15 deception, and misrepresentation; for purposes of this paragraph, the commissioner 16 may require registration, inspection, and testing, and may establish procedures and 17 fees; 18 (6) regulate the farming of elk in a manner similar to the manner in 19 which the commissioner regulates domestic animals and livestock, to the extent that is 20 appropriate; 21 (7) adopt regulations relating to industrial hemp, including regulations 22 that 23 (A) specify approved sources or varieties of hemp seed to be 24 grown, sold, or offered for sale by an individual registered to produce 25 industrial hemp; 26 (B) require testing, paid for by the registrant, for delta-9- 27 tetrahydrocannabinol concentration following harvest of the industrial hemp; 28 (C) provide for general production practices to avoid the 29 unintended distribution of industrial hemp seeds by registrants into 30 nonagricultural land; 31 (D) establish isolation distances for the production of industrial
01 hemp; in this subparagraph, "isolation distance" means the minimum 02 separation required between two or more varieties of the plant (genus) 03 Cannabis for the purpose of keeping the seed pure; 04 (8) submit a list of individuals registered to produce industrial hemp 05 under AS 03.05.076 and the expiration dates of the registrations to the Marijuana 06 Control Board and the Department of Public Safety; 07 (9) regulate the labeling of seed that does not comply with the 08 requirements of AS 03.20.130. 09 (b) To carry out the requirements of this title, the commissioner [OF 10 NATURAL RESOURCES] may issue orders, regulations, quarantines, and embargoes 11 relating to 12 (1) examination and inspection of premises containing products, 13 articles, and commodities carrying pests; 14 (2) establishment of quarantines for eradication of pests; 15 (3) establishment of standards and labeling requirements pertaining to 16 the sale of agricultural and vegetable seeds; 17 (4) tests and analyses that may be made and hearings that may be held 18 to determine whether the commissioner will issue a stop order or quarantine; 19 (5) cooperation with federal and other state agencies; and 20 (6) industrial hemp. 21 (c) The commissioner [OF NATURAL RESOURCES] shall issue a stop order 22 to any person who is found to be producing a plant product with delta-9- 23 tetrahydrocannabinol over 0.3 percent, regardless of whether the person is registered 24 under AS 03.05.076. The commissioner [OF NATURAL RESOURCES] shall notify 25 the Marijuana Control Board and the Department of Public Safety when the 26 commissioner issues a stop order. 27 (d) The commissioner [OF NATURAL RESOURCES] may sell promotional 28 merchandise related to the "Alaska Grown" trademark and may charge or collect a fee 29 for the sale of promotional merchandise related to the "Alaska Grown" trademark. The 30 commissioner may issue a license and charge a license fee for the sale of promotional 31 merchandise related to the "Alaska Grown" trademark. The commissioner shall price
01 merchandise sold by the commissioner under this subsection in a manner that ensures 02 a reasonable monetary return to the state. To the extent practicable, the commissioner 03 shall sell only merchandise produced or manufactured in the United States that, 04 subject to AS 36.30, is procured from either an Alaska bidder or a person that employs 05 prisoners under AS 33.30.191(b). 06 * Sec. 2. AS 03.05.027(a) is amended to read: 07 (a) The commissioner [OF NATURAL RESOURCES] shall employ or 08 appoint a state coordinator for noxious weed, invasive plant, and agricultural pest 09 management and education. 10 * Sec. 3. AS 03.05.040(b) is amended to read: 11 (b) In this section, "commissioner" means commissioner of commerce, 12 community, and economic development [NATURAL RESOURCES] with respect to 13 those products over which the commissioner of commerce, community, and 14 economic development [NATURAL RESOURCES] has jurisdiction under this title, 15 and the commissioner of environmental conservation with respect to those products 16 over which the commissioner of environmental conservation has jurisdiction under 17 this title. 18 * Sec. 4. AS 03.05.050(b) is amended to read: 19 (b) In this section, "commissioner" means commissioner of commerce, 20 community, and economic development [NATURAL RESOURCES] with respect to 21 those products over which the commissioner of commerce, community, and 22 economic development [NATURAL RESOURCES] has jurisdiction under this title, 23 and the commissioner of environmental conservation with respect to those products 24 over which the commissioner of environmental conservation has jurisdiction under 25 this title. 26 * Sec. 5. AS 03.05.075(a) is amended to read: 27 (a) Elk may be raised and bred as domestic stock for commercial purposes, 28 including the sale of meat, by a person who lawfully owns the elk and who holds a 29 current valid elk farming license. The commissioner [OF NATURAL RESOURCES] 30 may issue an elk farming license for the farming of elk to a person who applies on a 31 form provided by the commissioner, pays the biennial elk farming license fee, and
01 proves to the satisfaction of the commissioner that the person lawfully owns the elk, 02 intends to raise and breed elk, and possesses facilities for maintaining the elk under 03 positive control. Before issuing or renewing an elk farming license, the commissioner 04 shall conduct a physical inspection of the elk farming facilities and determine that the 05 facilities are in good repair and comply with the fencing standards established under 06 (d) of this section. In this subsection, "lawfully owns" means ownership that was 07 obtained without violating a state or federal law or regulation or a condition of a 08 license or permit issued with respect to elk. 09 * Sec. 6. AS 03.05.075(b) is amended to read: 10 (b) The commissioner [OF NATURAL RESOURCES] shall provide to the 11 Department of Fish and Game a copy of each application for an elk farming license 12 received by the commissioner and each elk farming license issued by the 13 commissioner. 14 * Sec. 7. AS 03.05.075(d) is amended to read: 15 (d) The commissioner [OF NATURAL RESOURCES] shall establish fencing 16 standards for elk farming facilities to maintain elk under positive control. Proposed 17 fencing standards shall be submitted to the commissioner of fish and game for review 18 before the standards are adopted or amended. 19 * Sec. 8. AS 03.05.075(e) is amended to read: 20 (e) Notwithstanding other provisions of law, a license or permit is not required 21 from the Department of Fish and Game in order to import, export, or possess elk for 22 the purpose of elk farming. Elk imported, exported, or possessed for the purpose of elk 23 farming are subject to the provisions of this title and regulations adopted under this 24 title by the commissioner [OF NATURAL RESOURCES] or the commissioner of 25 environmental conservation for domestic animals and livestock, to the extent they are 26 made applicable to elk by the commissioners. 27 * Sec. 9. AS 03.05.090(a) is amended to read: 28 (a) A person who violates a provision of this chapter, or a regulation, order, or 29 quarantine made under authority of this chapter, [OR] violates a provision of a permit 30 issued under this chapter, or sells seeds failing to meet the labeling requirements, 31 standards, and tests provided for by regulation of the commissioner [OF NATURAL
01 RESOURCES] or the commissioner of environmental conservation is guilty of a class 02 A misdemeanor for each offense. 03 * Sec. 10. AS 03.20.140 is amended to read: 04 Sec. 03.20.140. Online publication of noncommercial giving or exchanging 05 of seed. A person involved in noncommercial giving or exchanging of seed under 06 AS 03.20.110 and 03.20.120 may register online with the department under 07 AS 44.33.023(b) [AS 44.37.030(b)] and submit to the department information, 08 including the person's name, telephone number, and electronic mail address, and the 09 location where the person gives or exchanges seed, for publication on the department's 10 Internet website. 11 * Sec. 11. AS 03.22.010 is amended to read: 12 Sec. 03.22.010. Establishment of plant materials center. The department 13 [DEPARTMENT OF NATURAL RESOURCES], in cooperation with the college or 14 department of the University of Alaska responsible for the Agricultural and Forestry 15 Experiment Station, shall establish and maintain a plant materials center. 16 * Sec. 12. AS 03.22.040 is amended to read: 17 Sec. 03.22.040. Personnel. The department shall ensure that competent 18 professional, secretarial, and subprofessional personnel necessary to carry on the work 19 of the center are employed. The administrator of the plant materials center is a joint 20 appointment between the department [DEPARTMENT OF NATURAL 21 RESOURCES] and the college or department of the University of Alaska responsible 22 for the Agricultural and Forestry Experiment Station. 23 * Sec. 13. AS 03.40.030(a) is amended to read: 24 (a) To adopt a brand or mark, a person shall forward to the commissioner [OF 25 NATURAL RESOURCES] a facsimile of the brand or mark, together with a written 26 application, and the recording fee of $2. Upon receipt, the commissioner shall record 27 the brand or mark unless it is of record or conflicts with or closely resembles that of 28 some other person, in which case the commissioner shall return the facsimile and fee 29 to the applicant. A brand described as being on either side of the animal may not be 30 accepted or recorded. 31 * Sec. 14. AS 03.90.010 is amended to read:
01 Sec. 03.90.010. Definitions. In this title, unless otherwise indicated, 02 (1) "commissioner" means the commissioner of commerce, 03 community, and economic development [NATURAL RESOURCES]; 04 (2) "department" means the Department of Commerce, Community, 05 and Economic Development [NATURAL RESOURCES]. 06 * Sec. 15. AS 37.05.146(c)(78) is amended to read: 07 (78) fees collected by the Department of Commerce, Community, 08 and Economic Development [NATURAL RESOURCES] under AS 03.05.010(c); 09 * Sec. 16. AS 44.33.020(a) is amended by adding a new paragraph to read: 10 (45) administer the state programs for agriculture under AS 44.33.023. 11 * Sec. 17. AS 44.33 is amended by adding a new section to read: 12 Sec. 44.33.023. Duties of department with respect to agriculture. (a) The 13 department shall 14 (1) obtain and publish information electronically and in print on 15 subjects connected with agriculture, including community seed libraries established 16 under AS 03.20.120; 17 (2) control and regulate the entry and transportation of seeds, plants, 18 and other horticultural products; 19 (3) control and eradicate the spread of pests injurious to plants, trees, 20 vegetables, livestock, and poultry; 21 (4) aid in developing used and unused agricultural resources; and 22 (5) experiment and determine practical methods of growing, 23 processing, soil analysis, eradication of obnoxious weeds, and control of insects and 24 cheaper and more satisfactory methods of land clearing. 25 (b) The department may 26 (1) advise persons who establish or operate a community seed library 27 under AS 03.20.120; and 28 (2) post on the department's Internet website and annually update the 29 following: 30 (A) information about noncommercial giving or exchanging of 31 seed, including information about community seed libraries established under
01 AS 03.20.120, community seed library locations, community seed library 02 facilitators, and best practices for noncommercial giving or exchanging of 03 seed; 04 (B) an online registration form for a person involved in 05 noncommercial giving or exchanging of seed to submit to the department for 06 publication, without a fee, information under AS 03.20.140; 07 (C) information provided for publication under (B) of this 08 paragraph. 09 * Sec. 18. AS 44.37.020(a) is amended to read: 10 (a) The Department of Natural Resources shall administer the state program 11 for the conservation and development of natural resources, including forests, parks, 12 and recreational areas, land, water, [AGRICULTURE, SOIL CONSERVATION,] and 13 minerals including petroleum and natural gas, but excluding agriculture, soil 14 conservation, commercial fisheries, sport fish, game, and fur-bearing animals in their 15 natural state. 16 * Sec. 19. AS 44.37.030 is repealed. 17 * Sec. 20. This Act takes effect July 1, 2020.