CSHB 251(L&C) am: "An Act exempting certain foods and drinks prepared in an uninspected kitchen from state labeling, licensing, packaging, permitting, and inspection requirements; and permitting a person to acquire meat from a producer by way of an ownership share in an animal if certain conditions are met."
00 CS FOR HOUSE BILL NO. 251(L&C) am 01 "An Act exempting certain foods and drinks prepared in an uninspected kitchen from 02 state labeling, licensing, packaging, permitting, and inspection requirements; and 03 permitting a person to acquire meat from a producer by way of an ownership share in 04 an animal if certain conditions are met." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 17.20 is amended by adding new sections to read: 07 Article 7A. Homemade Food; Animal Shares. 08 Sec. 17.20.332. Exemption for homemade food. (a) Except as otherwise 09 provided in AS 17.20.332 - 17.20.338, a homemade food produced, sold, and 10 consumed in compliance with this section is exempt from state labeling, licensing, 11 packaging, permitting, and inspection requirements. 12 (b) The sale of a homemade food under this section 13 (1) is only for personal consumption; 14 (2) must occur in the state at a farmers' market, an agricultural fair, a
01 farm, a ranch, the producer's home or office, the retail location of a third-party seller, 02 or a location agreed on between the producer and the buyer; and 03 (3) may not involve 04 (A) interstate commerce; or 05 (B) the purchase or sale of 06 (i) meat or meat products, except as provided in (h) of 07 this section; 08 (ii) seafood; 09 (iii) a controlled substance; 10 (iv) oil rendered from animal fat; or 11 (v) game meat. 12 (c) Except for raw, unprocessed fruits and vegetables, a homemade food may 13 not be sold or used in a commercial food establishment. 14 (d) A homemade food may be sold from a retail space located at a ranch, farm, 15 or home where the homemade food is produced or at a retail location of a third-party 16 seller. A retail space selling a homemade food shall prominently display a sign 17 indicating that the homemade food was made in a home kitchen, may contain 18 allergens, and is not, except for meat and meat products permitted under (h) of this 19 section, regulated or inspected. A homemade food for sale at a retail location or 20 grocery store may not be displayed or offered for sale on the same shelf or display as 21 inspected food. If a retail space selling a potentially hazardous homemade food is in 22 any way associated with a commercial food establishment or offers for sale any 23 inspected food, the retail space shall 24 (1) maintain physical separation from the commercial food 25 establishment with a separate door and separate cash register or point of sale; 26 (2) display signs or other markings clearly indicating which separate 27 spaces offer inspected foods and which offer uninspected foods and meat and meat 28 products permitted under (h) of this section for sale; 29 (3) maintain separate coolers, freezers, warehouses, or other storage 30 areas to prohibit the intermingling of inspected foods with uninspected foods and meat 31 and meat products permitted under (h) of this section; and
01 (4) comply with any other requirements specified by the Department of 02 Environmental Conservation relating to homemade food. 03 (e) A homemade food packaged for individual sale must be clearly and 04 prominently labeled with 05 (1) the producer's name, current address, telephone number, and, if 06 applicable, the producer's business license number; and 07 (2) the statement: "This food was made in a home kitchen, is not 08 regulated or inspected, except for meat and meat products, and may contain allergens." 09 (f) The seller of a potentially hazardous homemade food, except eggs, must 10 also be the producer of the homemade food. The seller of eggs or a homemade food 11 that is not a potentially hazardous homemade food may be the producer of the item, an 12 agent of the producer, or a third-party vendor, including a retail shop or grocery store, 13 as long as the sale is made in compliance with this section and all applicable federal 14 and local laws. 15 (g) Before a sale of an unpackaged homemade food under this section, a 16 producer or third-party seller 17 (1) shall inform the buyer that the unpackaged homemade food was 18 prepared in accordance with AS 17.20.332 - 17.20.338 and is not subject to certain 19 state certification, labeling, licensing, packaging, regulation, or inspection 20 requirements; and 21 (2) provide the buyer with the producer's name, current address, 22 telephone number, and, if applicable, the producer's business license number. 23 (h) Subject to the requirements of federal law, a person may prepare and sell 24 meat, meat products, and homemade food containing meat or meat products under this 25 section. 26 Sec. 17.20.334. Animal shares. (a) A person may acquire meat from a 27 producer by way of an ownership interest in the animal or herd from which the meat 28 originated if 29 (1) the meat is 30 (A) delivered directly from the farm or ranch where the animal 31 or herd subject to the person's ownership interest is located; and
01 (B) received by or on behalf of the person with an ownership 02 interest in the animal from which the meat originated; 03 (2) the person's ownership of the animal or herd is established before 04 slaughter; 05 (3) when providing the meat to a person, the producer includes with 06 the meat, or on a label attached to the packaging of the meat, a clearly visible warning 07 that the meat has not been inspected; and 08 (4) the producer provides the person information describing the health 09 of the animal or herd and the meat processing standards of the producer's farm or 10 ranch. 11 (b) A producer or a person designated by a producer may deliver meat to a 12 person at a farm, ranch, farmers' market, home, office, or other location agreed on 13 between the producer and the person. 14 (c) For a person to have an ownership interest in an animal or herd under this 15 section, the person's ownership interest must be documented in a written contract 16 between the person and a producer that includes 17 (1) a bill of sale demonstrating the person's ownership interest in the 18 animal or herd; 19 (2) a boarding provision under which the person boards the animal or 20 herd with the producer for care and processing; and 21 (3) a provision entitling the person to receive a share of meat from the 22 animal or herd. 23 (d) Meat received by an owner of an animal or herd by way of the person's 24 ownership interest under this section may not be sold, donated, or commercially 25 redistributed. 26 (e) A person may not publish a statement that implies that the Department of 27 Environmental Conservation approves or endorses an animal or herd share program or 28 the acquisition of meat under this section. 29 Sec. 17.20.336. Exceptions. Nothing in AS 17.20.332 - 17.20.338 30 (1) prevents the Department of Environmental Conservation from 31 (A) conducting inspections necessary to investigate reports of
01 (i) foodborne illness or food-caused injury or death; 02 (ii) unsafe sanitary practices; or 03 (iii) misbranded or adulterated food; 04 (B) condemning and ordering the destruction of misbranded or 05 adulterated food; 06 (C) regulating food or an establishment that is not exempt 07 under AS 17.20.332 - 17.20.338; or 08 (D) providing assistance, consultation, or inspection at the 09 request of a producer; 10 (2) exempts a person from 11 (A) applicable federal and local laws, regulations, and 12 ordinances regarding food; or 13 (B) brand inspection requirements under AS 03.40.250 or 14 animal inspection requirements under AS 03.05.040. 15 Sec. 17.20.338. Definitions. In AS 17.20.332 - 17.20.338, 16 (1) "agricultural fair" means a fair, the major focus of which is 17 displays, exhibitions, demonstrations, contests, or promotions of agricultural concern 18 to the region in which the fair is located; 19 (2) "commercial food establishment" means the premises where an 20 activity related to the display, packaging, preparation, processing, sale, salvaging, 21 service, storage, transportation, or vending of food for human consumption that is not 22 exempt under AS 17.20.332 - 17.20.338 occurs; "commercial food establishment" 23 does not include a kitchen in a private dwelling, or a kitchen in a vessel used solely as 24 a private dwelling, where homemade food is prepared only for personal consumption; 25 (3) "controlled substance" has the meaning given in AS 11.71.900; 26 (4) "farmers' market" means a common facility or area where several 27 vendors may gather on a regular and recurring basis to sell fresh fruits and vegetables, 28 locally grown farm products, and other agricultural products and items directly to 29 buyers; 30 (5) "game meat" means the flesh and organs of animals that are not 31 classified as meat in 9 C.F.R. 301.2 or as poultry in 9 C.F.R. 381.1(b);
01 (6) "homemade food" means a food or drink that is prepared or 02 processed in 03 (A) a producer's private home kitchen; or 04 (B) a private or commercial kitchen leased to a producer; 05 (7) "meat" means the flesh, muscles, organs, tissues, skin, sinew, 06 nerves, blood vessels, and bones of cattle, sheep, swine, equine, or goats; 07 (8) "molluscan shellfish" means all edible species of oyster, clam, 08 mussel, and scallop, whether shucked or in the shell, fresh or frozen, and in whole or 09 in part; "molluscan shellfish" does not include the shucked scallop adductor muscle; 10 (9) "personal consumption" means the use or ingestion of food by a 11 buyer, an employee of the buyer, or a nonpaying guest of the buyer of homemade 12 food; 13 (10) "potentially hazardous homemade food" means food or drink that 14 requires time or temperature control for safety to limit pathogenic microorganism 15 growth or toxin formation; 16 (11) "producer" means a person who grows, harvests, prepares, 17 processes, or makes and packages meat or homemade food on the person's owned or 18 leased property; 19 (12) "seafood" includes saltwater fish, freshwater fish, amphibians, 20 crustaceans, molluscan shellfish, any other species of aquatic animal intended for 21 human consumption, and parts or byproducts of any species of aquatic animal 22 intended for human consumption; "seafood" does not include aquatic plants, birds, or 23 mammals.