03/30/2017 03:00 PM House HEALTH & SOCIAL SERVICES

                     HB 186-FOOD DONATIONS                                                                                  
                                                                                                                                
3:44:52 PM                                                                                                                    
                                                                                                                                
CHAIR SPOHNHOLZ announced that the next order of business would                                                                 
be HOUSE BILL NO. 186, "An Act relating to the donation of food;                                                                
and relating to food banks."                                                                                                    
                                                                                                                                
3:45:15 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  DAVE TALERICO,  Alaska State  Legislature, as  the                                                              
sponsor  of  the  proposed  bill,  paraphrased  from  the  Sponsor                                                              
Statement [included  in members'  packets], which read  as follows                                                              
[original punctuation provided]:                                                                                                
                                                                                                                                
     HB  186 seeks  to reduce the  amount of  wasted food  in                                                                   
     the state  while increasing  the amount of food  donated                                                                   
     to  food  banks  and  other   charitable  organizations.                                                                   
     Nearly 15%  of Alaskans fall  into the category  of food                                                                   
     insecure  individuals.  Many  businesses  are  currently                                                                   
     donating excess  food however many  desire to do  so but                                                                   
     are   not   because  of   liability.   Many   charitable                                                                   
     organizations do  not receive sufficient  food donations                                                                   
     to  feed  the  homeless and  hungry  that  without  such                                                                   
     charities  have  no  way to  eat.  These  charities  and                                                                   
     people may  greatly benefit  from more donated  food. HB
  will allow  hotels, restaurants,  stores and  other                                                                   
     food  donors who choose  to donate  their excess  unsold                                                                   
     food  or out  dated  food to  donate  to  food banks  or                                                                   
     charitable  organizations   free  from  liability.  This                                                                   
     will open  up the doors for  thousands of pounds  of new                                                                   
     donated  food  to  charities  and  thus  help  feed  the                                                                   
     nearly  15% hungry Alaskans.  HB will  require that  all                                                                   
     food donors  that choose  to donate  hot excess food  to                                                                   
     simply  label the donated  hot food  that can be  frozen                                                                   
     and re-served.  HB 186  will also  reduce the amount  of                                                                   
     food  put  into our  landfills  which  smells,  attracts                                                                   
     animals,  birds  and  unnecessarily  takes up  space.  I                                                                   
     urge  your support  for  this bill  to  help reduce  the                                                                   
     amount  of  wasted  food  and  increase  the  amount  of                                                                   
     donated food to decrease hunger in Alaska. Thank you!                                                                      
                                                                                                                                
3:48:06 PM                                                                                                                    
                                                                                                                                
ELIJAH VERHAGEN, Staff, Representative Dave Talerico, Alaska                                                                    
State Legislature,  explained the  bill, and paraphrased  from the                                                              
Sectional Analysis [Included in  members' packets], which read:                                                                 
                                                                                                                                
     Sec.  1  -  AS 17.20.345  Amends  AS  17.20.345  (a)  by                                                                 
     adding  charitable  organizations  in  statute  next  to                                                                   
     food  banks to  be  able to  receive  donated food  from                                                                   
     donors who  may donate their  food free from  liability.                                                                   
     Amends  AS   17.20.345  (b)(l)  by  adding   a  sentence                                                                   
     clarifying  that the labels  referenced in this  statute                                                                   
     do not include  the new label referenced in  section two                                                                   
     of this bill;  which requires heated donated  food to be                                                                   
     labeled.  Amends  AS 17.20.345  (b)  by adding  a  third                                                                   
     bullet  point allowing  donors  of food  to donate  food                                                                   
     with an  expired date  on it.  Amends AS .17.20.345  (c)                                                                   
     by  adding  charitable organizations  in  statute  along                                                                   
     with food  banks to  be able  to receive donated  salmon                                                                   
     from hatcheries.                                                                                                           
                                                                                                                                
     Sec. 2  - AS  17.20.345 Amends  AS 17.20.345 is  amended                                                                 
     by adding a  new section which allows donors  of food to                                                                   
     donate excess  hot food to  food banks and  charities as                                                                   
     long as they label it as previously heated food.                                                                           
                                                                                                                                
     Sec.  3  -  AS 17.20.346  Amends  AS  17.20.346  (a)  by                                                                 
     adding  charitable  organizations  in  statute  next  to                                                                   
     food  banks   to  be  free  from  liability   to  donate                                                                   
     received  food to  hungry individuals  as  long as  they                                                                   
     first   inspect   it  and   deem   it  fit   for   human                                                                   
     consumption.   Amends  AS   17.20.346   (b)  by   adding                                                                   
     charitable organizations  in statute next to  food banks                                                                   
     to  be free  to  receive donated  food  with an  expired                                                                   
     date on it.                                                                                                                
                                                                                                                                
     Sec.  4  - AS  17.20.347  Amends  AS? 17.20.347  (1)  by                                                                 
     adding delicatessen,  restaurant, hotel and  store under                                                                   
     the  definition of  donor.  Amends AS  17.20.347 (2)  by                                                                   
     deleting  part of the  definition of a  food bank  so as                                                                   
     to separately  define a nonprofit organization  in a new                                                                   
     section.                                                                                                                   
                                                                                                                                
     Sec. 5  - AS 17 .20.34  7 Amends AS 17.20.347  by adding                                                                 
     three    new   definitions    namely   1.    "charitable                                                                   
     organization"   means  a  nonprofit  organization   that                                                                   
     provides food  without charge to individuals  who do not                                                                   
     have  money to  pay  for the  food or  who  do not  have                                                                   
     homes;   2.  "food"   includes  unsold   hot  food;   3.                                                                   
     "nonprofit    organization"   means   an    organization                                                                   
     recognized  by  the state  or  federal government  as  a                                                                   
     nonprofit organization.                                                                                                    
                                                                                                                                
3:55:44 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EDGMON  asked if there  was a need for  language in                                                              
the proposed  bill to  tie in donor  to charitable  organizations,                                                              
possibly  for tax  purposes or  benefits  in statutes,  to make  a                                                              
donor involved  in commercial activities  more willing  to provide                                                              
an act of charity.                                                                                                              
                                                                                                                                
3:56:59 PM                                                                                                                    
                                                                                                                                
MR. VERHAGEN  directed attention  to page 1,  line 5,  which read:                                                              
"a  donor  of  food  for free  distribution  by  a  food  bank  or                                                              
charitable  organization  is  not  subject to  civil  or  criminal                                                              
liability arising."   He stated  that a  donor of food  could give                                                              
to a  food bank or  charitable organization.   He pointed  to page                                                              
3, which  defined donor.   He  referred to  the Legislative  Legal                                                              
Services to discuss any tax benefits.                                                                                           
                                                                                                                                
3:57:44 PM                                                                                                                    
                                                                                                                                
CHAIR SPOHNHOLZ said  that the financial incentive  for donors was                                                              
well  detailed in  federal  tax  law, and  that  the donor  simply                                                              
needed  to  identify and  attribute  a  value  to the  items  when                                                              
adding it  to their  individual taxes.   She said  this was  up to                                                              
the individual donor.                                                                                                           
                                                                                                                                
REPRESENTATIVE JOHNSON asked about caterers.                                                                                    
                                                                                                                                
MR.  VERHAGEN  directed   attention  to  page  3,   line  15,  and                                                              
acknowledged  that although  the specific  mention of caterer  was                                                              
not included, he offered his belief that it could be added.                                                                     
                                                                                                                                
3:59:04 PM                                                                                                                    
                                                                                                                                
TERRY    BANNISTER,   Attorney,    Legislative   Legal    Counsel,                                                              
Legislative  Legal Services, Legislative  Affairs Agency,  offered                                                              
her  belief that  the definition  of  donor had  many terms  which                                                              
would include  caterer, but that  the specific term  caterer could                                                              
be added.                                                                                                                       
                                                                                                                                
3:59:50 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  TARR  reported  that the  federal  government  had                                                              
recently  made specific  tax incentives  for food  donation.   She                                                              
asked  that the  presentation include  the  information that  each                                                              
year in the U.S.  enough food was thrown away to  feed the country                                                              
for six months.                                                                                                                 
                                                                                                                                
MR. VERHAGEN said that other testifiers would expand on this.                                                                   
                                                                                                                                
4:01:12 PM                                                                                                                    
                                                                                                                                
CHAIR SPOHNHOLZ expressed  her desire to reduce food  waste to its                                                              
absolute minimum,  especially to  address hunger  in Alaska.   She                                                              
declared that there  was a challenge for food  safety and handling                                                              
of hot foods.  She asked if this had been addressed.                                                                            
                                                                                                                                
4:02:21 PM                                                                                                                    
                                                                                                                                
MR.  VERHAGEN said  that  this had  been  discussed  and that  the                                                              
charitable  organizations had  these  handling procedures  already                                                              
in place.                                                                                                                       
                                                                                                                                
CHAIR SPOHNHOLZ  pointed to  page 3, line  31, and added  that she                                                              
had  worked  for   many  nonprofit  organizations   which  had  no                                                              
expertise in food  safety and handling.  She said  that this still                                                              
created a concern for her.                                                                                                      
                                                                                                                                
4:04:28 PM                                                                                                                    
                                                                                                                                
HOLLIS  HALL, Secretary  of the  Board,  Fairbanks Community  Food                                                              
Bank, said  that he grew  up during the  depression and  World War                                                              
II,  and that  he remembered  food ration  books and  stamps.   He                                                              
stated that  "food waste  was not  an option when  I grew  up, but                                                              
now,  it seems  to be."   He  said that  on any  given day,  there                                                              
could be "a couple  of times or more of food  that would otherwise                                                              
be waste  if it were  not brought  to the foodbank.   It  would be                                                              
discarded, but we  find a use for it."  He  acknowledged that some                                                              
days  there was  a shortage  of  fresh food,  and  that there  was                                                              
always room for  more.  He declared that an objective  of the food                                                              
bank was to see  that no one would go hungry,  and that this could                                                              
best be accomplished with donations of food.                                                                                    
                                                                                                                                
4:06:31 PM                                                                                                                    
                                                                                                                                
SAMANTHA KIRSTEIN,  Director of  Community Development,  Fairbanks                                                              
Community  Food  Bank,  expressed  her support  for  the  proposed                                                              
bill.   She reported  that there  was similar federal  legislation                                                              
which was "the  backbone of national food banking  for many years,                                                              
and  does  reduce  the liability  for  those  generous  commercial                                                              
donors."  She said  that there was still concern  from some Alaska                                                              
donors.  She offered  a history of the food bank  in the Fairbanks                                                              
community and  its current work,  which included  daily collection                                                              
and distribution of  two to five tons of local surplus  food.  She                                                              
reported  that every  food  box  included 20  pounds  of food  per                                                              
person,  which was  expected to  last for nine  meals per  person.                                                              
She  explained,  as the  food  bank  was  an emergency  supply  of                                                              
locally donated  and salvaged  food, that  any family  could order                                                              
10 food boxes each  calendar year.  She stated that  the food bank                                                              
worked  at the  Department of  Environmental Conservation  highest                                                              
standards  for  collection,  storage, and  distribution  of  food,                                                              
serving 30,000  people each  year.  She  reported that  each year,                                                              
the  food bank  collected  and  distributed  more than  2  million                                                              
pounds of  food in food  boxes.  She  added that they  worked with                                                              
more  than 100  food  donors, distributing  the  food through  100                                                              
agencies, and  that they worked  hard to  adhere to all  the rules                                                              
for food  handling.   She declared  that the food  bank was  not a                                                              
political  organization.   She  asked that  the  proposed bill  be                                                              
moved from the committee immediately.                                                                                           
                                                                                                                                
4:12:02 PM                                                                                                                    
                                                                                                                                
CARA DURR,  Director of  Public Engagement,  Food Bank  of Alaska,                                                              
said  that  the  proposed  bill   enhanced  and  complemented  the                                                              
provisions in the  federal legislation and was  very successful in                                                              
its support  for retail  groceries and  other businesses  in their                                                              
efforts  to donate  food  that would  otherwise  be  wasted.   She                                                              
expressed  her  hope  that  the proposed  bill  would  give  extra                                                              
assurance to  any small business  owners who might be  hesitant to                                                              
donate because of  any perceived liability.  She  pointed out that                                                              
as 106,000  Alaskans faced  food insecurity,  it was important  to                                                              
reduce food waste and encourage donations.                                                                                      
                                                                                                                                
4:13:26 PM                                                                                                                    
                                                                                                                                
EDDIE  EZELLE,  Matanuska-Susitna  Food Bank,  encouraged  support                                                              
for  the  proposed  bill,  pointing  out that  there  had  been  a                                                              
reduction  in giving.   He  added  that the  proposed bill  helped                                                              
protect  food distributors  from  unnecessary lawsuits  concerning                                                              
the donated food products, and it helped people in need.                                                                        
                                                                                                                                
4:15:03 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   SULLIVAN-LEONARD    offered   her   whole-hearted                                                              
support for the proposed legislation.                                                                                           
                                                                                                                                
CHAIR SPOHNHOLZ announced that HB 186 would be held over.