Legislature(2011 - 2012)BARNES 124
03/21/2012 03:15 PM House LABOR & COMMERCE
| Audio | Topic |
|---|---|
| Start | |
| HB202 | |
| HB327 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 202 | TELECONFERENCED | |
| *+ | HB 327 | TELECONFERENCED | |
HB 202-SALES OF FOOD BY PRODUCERS TO CONSUMERS
3:24:02 PM
CHAIR OLSON announced that the first order of business would be
HOUSE BILL NO. 202, "An Act relating to the sale of food
products by the producer to the consumer."
3:24:15 PM
REPRESENTATIVE TAMMIE WILSON, Alaska State Legislature referred
to food samples on members' desks. She stated that she and her
staff would conduct a skit to demonstrate the Department of
Environmental Conservation's permitting regulations for farmers
and farmer's markets.
VIVIAN STIVER, Staff, Representative Tammie Wilson, Alaska State
Legislature, introduced herself.
REPRESENTATIVE T. WILSON stated the food products on members'
desks are subject to state inspection. She explained the
purpose of HB 202 is to allow farmers to sell products directly
to consumers. She stated that she has heard from numerous
people who sell products at farmers' markets and from farmers
who would like less regulation. She related that these people
seek to have people buy directly from them, and to decide for
themselves whether their farms are clean and their food is
packaged appropriately. She related that personal
responsibility should be used rather than regulation. She
offered to perform a skit, in which she and her staff attempt to
implement the rules that the Department of Environmental
Conservation (DEC) imposes on farmers' markets and food sales.
She explained one rule is that food must be sold in the original
form. She then cut a tomato, peeled an orange, and cut an apple
to offer samples to people. Her staff, Ms. Stiver, played the
role of the DEC's staff who interpreted the regulations
governing food handling.
MS. STIVER identified the prior actions of cutting fruit as
processing food, which is prohibited by the DEC. She also
pointed out that if a daycare cares for five or more children
the day care must be "permitted" to allow them to cut fruit.
3:27:24 PM
REPRESENTATIVE T. WILSON pointed out the fruit at the
Representative Johnson's desk could be eaten at his own risk.
She then offered to next cut a strawberry. She stemmed it and
indicated her fingernail cut into the fruit.
MS. STIVER clarified that Representative T. Wilson could wash
the fruit, but could not cut into it, which is the rule.
REPRESENTATIVE T. WILSON offered to cut the carrot, but was
informed she could leave only minimal greens, but could not cut
into the carrot.
MS. STIVER advised Representative T. Wilson that the annual
license fee is $200 per year and plan review fees, which is
necessary to review the compliance to the license is also $200,
for a total of $400.
REPRESENTATIVE T. WILSON offered to mix spices, which were
previously purchased spices.
MS. STIVER informed Representative T. Wilson she would need to
use stainless steel and referenced the specific DEC guidelines.
REPRESENTATIVE T. WILSON offered to serve custard-filled, jelly-
filled, and cream cheese-filled donuts. She speculated that a
wash station would probably be necessary to clean the utensils.
MS. STIVER indicated cream cheese and home-made custard would
need refrigeration or the foods could be considered hazardous
foods.
3:31:25 PM
REPRESENTATIVE T. WILSON agreed this skit may seem ridiculous.
She agreed it is not a good idea to poison people. The farming
industry can be quite profitable, but the DEC's regulations do
not allow people an opportunity to serve simple food at a
farmers' market such as the ones she just demonstrated. She
offered her belief that people can assume personal
responsibility and ask the seller the appropriate questions
about processing. She said that currently food must be prepared
in a commercial kitchen, which is very costly. She pointed out
the food on members' desks. She said if she made any of the
ingredients at home the food would need to be labeled with her
name, home address, and phone number. She expressed concern
that the person providing the contact information may be subject
to some exposure. She referred to the food on members' desks
and wondered how toxic the fruit and cookies could be. She
advised members that HB 202 would limit the producer's gross
sales to not exceed $200,000. She did not object to stricter
regulations for larger operators. She indicated that even the
federal government has recognized the importance of growing food
locally. She related that many lands in Alaska are currently
underutilized, which she believes is due to the strict rules.
She attended the DEC's meetings and they stressed the importance
of keeping people safe. She asserted that government cannot
protect people from absolutely everything. She acknowledged the
bill is not perfect since it would open up sales of anything
grown on the farm. She did not have any issue with signage and
supported the concept of providing a handout to advise people
how to care for their food, including washing, refrigerating,
and cooking it. She noted that the federal cooperative
extension services provide people with a lot of information.
Historically, home economics classes also taught people about
food, but many of those courses have been cut, which means that
regulation is used instead of education.
3:35:03 PM
REPRESENTATIVE T. WILSON explained it was difficult for her to
interpret what was allowable. She asserted that people should
be encouraged to grow food and sell it, but cannot due to
overregulation. She said that the Department of Environmental
Conservation (DEC) is opposed to the bill. She characterized HB
203 as a starting point. She said some people who wished to
testify in support of HB 202 declined to testify since they are
"permitted" by DEC and were concerned about repercussions.
3:37:01 PM
REPRESENTATIVE SADDLER inquired as to whether people are allowed
to purchase apples or produce direct from farms or stands.
REPRESENTATIVE T. WILSON answered yes, noting she could sell
apples. It may be difficult to determine whether food sold at
roadsides was grown here. She predicted that people could tell
if they could taste samples of them.
3:37:25 PM
REPRESENTATIVE SADDLER asked whether HB 202 is aimed to address
the issue of unprocessed or unpasteurized milk products.
REPRESENTATIVE T. WILSON responded that from 2009-2012 the
recalled foods did not come from farmer markets. She listed
products recalled, including chocolate-covered raisins,
Craisins, celery seed, raw turkey burgers, chicken products, and
strawberry-banana smoothies. She stated that none of these
contaminated products originated in Alaska, but were ones
brought into Alaska and sold here. She speculated that
oversight of milk and cheese products may need more regulation,
but not selling tomatoes or apples. She thought selling direct
farm produce should be an affordable process to allow Alaska's
market to grow.
3:39:04 PM
REPRESENTATIVE THOMPSON recalled she mentioned day-care centers
and asked for clarification on the rules for cutting up fruit
for children in a day-care center.
MS. STIVER answered that it depends on the number of children in
the facility. She recalled that if a day care has over five
children they must adhere to DEC regulations.
3:39:54 PM
REPRESENTATIVE THOMPSON recalled his child attends a center that
is licensed up to six children. He asked if his center would be
under the regulations.
MS. STIVER offered to research this and provide the information
to the committee.
3:40:29 PM
REPRESENTATIVE HOLMES recalled that parents bring snacks for the
kids on teams. She asked how HB 202 would affect parents
providing sports snacks such as oranges.
MS. STIVER responded that since the parents are not selling the
snacks and plus the group served is a closed group - a team - so
the activity is allowable and would not require a permit.
REPRESENTATIVE T. WILSON clarified that events are covered by
the DEC even when the food products are not sold, such as
donating samples from a booth.
3:41:35 PM
REPRESENTATIVE HOLMES said she went to a charity auction and
cakes and desserts were sold at auction. She asked for
clarification.
REPRESENTATIVE T. WILSON answered that she wanted to hold a
chili cook-off and put up flyers. She stated that DEC asked
whether the chili would be cooked in a certified kitchen. She
indicated that she would need to have a permit to cook the
chili. She addressed the permit issue by calling it a chili
cook-off potluck, which was allowable and did not need a permit.
3:43:18 PM
CHAIR OLSON related his understanding that HB 202 would cover
milk, cheese, dairy products, seafood, meat, and meat products,
which could include turkey.
REPRESENTATIVE T. WILSON agreed.
CHAIR OLSON suggested if HB 202 was amended to exclude those
activities the opposition to the bill would likely dissipate.
3:43:44 PM
REPRESENTATIVE T. WILSON said she would like more farmers'
markets and to encourage agriculture.
CHAIR OLSON recalled that most of the items at farmers' markets
are fruits or vegetables.
3:44:07 PM
REPRESENTATIVE JOHNSON recalled that fish and meat is sold in
Anchorage at farmers' markets.
CHAIR OLSON asked whether the fish and meat products sold at
farmers' markets were commercial products.
REPRESENTATIVE JOHNSON said he was unsure.
CHAIR OLSON offered to work with the sponsor.
3:44:51 PM
REPRESENTATIVE T. WILSON said she wanted to write HB 202 so it
was not limited to just one sector. She recalled that Illinois
has compiled a task force to reach a goal of having 20 percent
of its food products coming from the local market instead of
being imported from Mexico or Brazil and paying the
transportation costs. She characterized HB 202 as a starting
point.
3:45:38 PM
REPRESENTATIVE SADDLER asked how she arrived at $200,000 cap.
MS. STIVER explained that people must be able to demonstrate to
banks that they have sufficient revenue for processing
equipment. She related that providing adequate refrigeration
and using stainless steel is very expensive.
3:46:46 PM
REPRESENTATIVE SADDLER related his understanding that this would
be the minimal revenue stream to support the equipment. He
asked what types of crops or businesses fit under the cap.
REPRESENTATIVE T. WILSON answered that she did not discuss that
aspect. She explained she tried to figure out what the amount a
business would need for a loan. She envisioned that businesses
would grow and expand beyond the $200,000 cap in HB 202. She
explained her effort was geared towards farmers' markets to
vendors who would sell to people within their own region. She
suggested one solution to address the requirement to list
personal information on products could be to have DEC identify
vendors by numbers, rather than have them give out their names,
addresses, and phone numbers.
REPRESENTATIVE JOHNSON asked whether honey sales would be
allowable under the bill.
REPRESENTATIVE T. WILSON offered her belief that honey is
considered safe. She was unsure if the DEC regulated honey
sales by permit.
3:48:37 PM
REPRESENTATIVE MILLER asked whether HB 202 is limited to human
food and not dog food.
REPRESENTATIVE T. WILSON said in Oregon some cheese is sold as
dog food to circumvent the rules for unpasteurized cheese sales;
however, she preferred to work within the rules and not have
people try to go around the rules.
3:49:23 PM
REPRESENTATIVE MILLER referred to page 1, line 14 to the
language in paragraph (3), and read, "the consumer to whom the
food product is sold is the intended consumer of the
product...." He said if he buys a tomato and subsequently gives
the fruit to his child that he would not be the consumer
consuming the food. He also did not sell the food. He inquired
as to whether the activity would get any scrutiny by the DEC.
REPRESENTATIVE T. WILSON answered that she may need to get
clarification on that issue. The bill intends that the person
who produced the product would sell the product, but once the
product is sold the DEC would not track it. She suggested it
might be helpful to have some type of numbering system to track
any problems that resulted; however, she did not think that
activity should be addressed in statute.
REPRESENTATIVE MILLER suggested that HB 202 could be broadened
rather than narrowed.
3:51:14 PM
MICHAELLA RICE, Member, Tanana 4-H Teen Club, stated that the
Tanana 4-H Club is under the Cooperative Extension Service and
the University of Alaska. She explained that the 4-H Teen Club
does not label any fundraisers as bake sales so the club falls
under the DEC's regulations, which has made it difficult for
them to raise money to sponsor trips to offer leadership
development. The club bakes also pies and many of them contain
dairy products. She says she shares concerns that the home
bakers might not have the proper hand washing or other rules;
however it is difficult to find a DEC certified kitchen in
Fairbanks that is affordable for their club. Additionally, the
club provides babysitting at bazaars and community events. They
offer children snacks, but processing oranges or apples is not
allowed so they are limited to offering crackers or other snacks
that are not as nutritious as fruit. She said she supports HB
202. She concluded that the bill will help her club by allowing
them to serve and sell food items at their fundraising events.
3:54:31 PM
PAMELA LLOYD said she works for Providence Hospital and the
Anchorage School District. One of her patients bought raw peas
from a farmers' market, but someone repackaged the peas and did
not warn people to wash the peas carefully. Although her
patient used a vegetable wash to wash the peas, her whole family
became ill, and her patient developed Guillain-Barre syndrome.
Her patient was paralyzed from the neck down is now in a
wheelchair. She emphasized that the legislature needs to be
careful not to be too lax with the rules and if food is
distributed beyond the first consumer that the source needs to
be clarified for people. She concluded by stating that her
patient innocently bought peas at a farmers' market.
3:55:47 PM
REPRESENTATIVE SADDLER asked for further clarification.
MS. LLOYD responded that the vendor repackaged the peas in
freezer bags. She recalled the farmer packaged the peas in 50-
pound bags, with a warning to wash with soap and water, but the
message was not placed on the shelled peas, which were
repackaged in freezer bags. In further response to
Representative Saddler, Ms. Lloyd agreed the peas were
repackaged.
3:56:17 PM
JILL LEWIS, Deputy Director - Juneau, Division of Public Health
(DPH), Central Office, Department of Health and Social Services
(DHSS) introduced herself.
3:57:01 PM
CHAIR OLSON asked whether the department supports the bill.
MS. LEWIS answered that the DPH has serious concerns and does
not support the bill due to the impacts to human health.
CHAIR OLSON asked if HB 202 was amended to limit it to fruit,
vegetables, and honey whether the bill would be more acceptable.
MS. LEWIS deferred to the epidemiologists and to the Department
of Environmental Conservation.
3:57:42 PM
KRISTIN RYAN, Director, Division of Environmental Health;
Department of Environmental Conservation (DEC), answered that
two programs within the division would be impacted by the bill:
the Food Safety & Sanitation Program and the Office of the State
Veterinarian, which regulate animal products. She explained
that cheese and milk products are regulated by veterinarians.
She explained that the DEC recognizes the interest from small
food business owners throughout the state to sell products.
Provisions in HB 202 could cause significant risks to the
general public and increase food borne illness outbreaks. When
people purchase food to eat they assume it is safe and while no
one intends to harm their customers, food borne illnesses are
common and can easily happen. She stated that precautionary
measures are necessary to serve safe food. At a minimum the
environment must be sanitary and employees must wash their
hands, and maintain proper temperature controls. Several states
have eliminated the enforceable requirements for preparing non-
hazardous food when selling directly to consumers and not
selling wholesale. This bill, HB 202, goes further than that by
allowing the sale of hazardous food, including high-risk foods
such as canned seafood, canned fish, shellfish, oysters, alfalfa
sprouts, and cheese. She advised that these foods are risky and
when processed incorrectly could cause great harm. Alaska
currently exempts some non-hazardous foods, including syrup and
honey, and jams. The DEC exempts bake sales for fundraising
events, including custard fillings so long as the products are
held at the right temperature. The DEC does not require a
permit for peeling fruit for children in day-care centers and
only regulate food at day-care centers that serve 12 or more
children.
4:00:58 PM
MS. RYAN stated that Alaska is looking at exempting other non-
hazardous food and has proposed regulations. The department has
held public hearings all summer about expanding the exemptions.
She pointed out that fruits and vegetables are already allowed
to be sold without a permit so long as it is left in their
natural state, which does include washing and removing roots and
green parts, but not cutting since cutting with knives risk
contamination. Currently, raw natural products are allowed to
be sold. The proposed expansion would allow for bread, pickles,
barbeque sauces, confections, roasted nuts, and cakes to be
added to the products. The DEC has made numerous changes and
hopes to have them finalized by May. The regulations are at the
Department of Law for final review. This bill would allow the
sale of hazardous foods, but also would allow someone else -
other than the grower or preparer - sell the food. She related
her understanding this goes beyond the intent of the bill. The
DEC also believes the cap of $200,000 is quite high, noting that
other states allowing direct sales of non-hazardous foods, but
limit the amount from $10,000-20,000. She said in Alaska there
are very few non-seafood food processors that gross more than
$200,000 so this bill would essentially not require a permit for
almost all the food processors except for seafood processors.
This bill would create a double standard since food processors
making less than $200,000 per year would be exempt, but those
selling wholesale must comply with food safety rules. She added
that wholesale would include selling products to Fred Meyer;
however, a food processor, employee, or another individual
operating under their supervision can sell the products to
consumers. The bill does not restrict the type of sale so sales
could include Internet, phone, and mail order sales, which would
not be subject to the same safety requirements as those selling
the same quantity or volume of products to stores like Fred
Meyer.
4:03:59 PM
MS. RYAN explained that HB 202 does not require any
recordkeeping, which would make it impossible to verify and
track the sales amounts. Most importantly, HB 202 would
specifically eliminate the DEC's ability to inspect and
investigate to determine if an outbreak is occurring. The bill
specifies that the sale of food products is not subject to the
regulation, testing, inspection, or penalties enforced by DEC.
The DEC interprets this means the department may not inspect or
test products or stop sales of products that may be making
people sick. The assumption that there are fewer outbreaks
associated with food processes now than in the past is
incorrect. One of the deadliest outbreaks of listeria occurred
last year from cantaloupe grown in the U.S. That outbreak caused
146 illnesses, 30 deaths, and one miscarriage. The Center for
Disease Control estimates roughly one in six Americans or 48
million people become ill, and of those 128,000 are hospitalized
and 3,000 die each year from foodborne illnesses. In Alaska,
the DEC investigated five cases of foodborne illness that
resulted in 53 confirmed illnesses in 2010. Citing the Division
of Public Health data, from 2009 to 2012, 10 cases of food
contamination resulted in 133 illnesses connected to food that
was sold to the public. In August 2008, 103 people got sick
with campylobacteriosis contracted from shelled peas that were
processed and grown in the Matanuska-Susitna Valley. As to the
repackaging, the peas were sold in smaller zip-lock bags at
farmers' markets. She noted that foodborne illnesses are
serious and occur in the U.S. and in Alaska. The DEC recognizes
small food businesses want to be allowed to start without large
investments and infrastructure, but it is important to recognize
there are inherent risks with hazardous food. The DEC has
chosen to address non-hazardous food since the risks are low
enough that the exemptions could work without increasing
sickness or illnesses. The DEC is committed to seek ways to
make it easier to comply with food safety rules without
jeopardizing public health. She offered her belief that the
proposed regulations document that effort. In response to Chair
Olson, Ms. Ryan agreed the department predicts the regulations
will be finalized in May.
4:06:25 PM
REPRESENTATIVE SADDLER asked for a general statement regarding
foodborne illness with respect to selling minimally processed
vegetables and fruits as opposed to sausages and fish.
MS. RYAN answered that raw products can be risky since there are
known pathogens on raw meats. She pointed out that risk is
involved when processing the meat that either kills the pathogen
or adds them to the product when the meat is not processed
correctly. She said the DEC considers most raw produce
generally safe, particularly if it is not cut or processed,
which can introduce pathogen growth.
4:07:59 PM
REPRESENTATIVE JOHNSON recalled that consumers can buy oysters
at the Alaska State Fair and the vendor shucks the oysters. He
asked how these vendors are regulated.
MS. RYAN acknowledged that the Alaska State Fair oyster sales
are a regulated activity. She stated that DEC performs lots of
testing on the raw product to identify any problems such as
paralytic shellfish poisoning or other things that naturally
occur in the growth medium of oysters. She pointed out that
lots of regulation occurs behind the scenes. This bill, HB 202
would allow the sale of oysters without any oversight.
4:09:10 PM
MARIA RENSEL stated that she would like to speak generally in
favor of HB 202. She said she believes in removing regulations
whenever possible to promote an unencumbered market economy.
She strongly supports personal responsibility. She described
the process for the regulation of raw milk, such that a person
must buy a share in the cow or the goat. She said the
regulation creates costs and discourages milk sales. It makes
it costly for those who cannot afford to buy a share in the
animal. Additionally, it makes it impossible for people who
cannot afford to buy shares in the animal to obtain raw milk.
She related her understanding that lots of health benefits are
sought by people who buy raw milk products. She recalled how
difficult it is to make cheese. She suggested keeping these
provisions in the bill.
4:11:38 PM
MS. RENSEL explained that she buys hot dogs from the Delta Meat
and Sausage Company and sells them at the farmers' market in
Fairbanks from a stand called Golddigger Dogs. She said she was
happy to hear the permitting process discussed because she
applies for permit each year to operate as a new vendor, but if
she decides to operate her business on a third day - at Ester or
North Pole - that she needs to obtain an additional permit.
Further if she chooses to sell on Monday evenings at the
Fairbanks Downtown Market she must get still another permit.
She must also buy separate permits to participate in the
Midnight Sun Festival, the Alaska State Fair, the Chamber
Business Expo, and Golden Days. She emphasized that she takes
personal responsibility for selling the very best product she
can sell no matter which day of the week it is so it seems she
should be able to purchase a blanket permit. The bill does not
address these complaints, but HB 202 is a step in the right
direction. This bill would give a producer and purchaser an
opportunity to exercise personal responsibility. She thinks
this will prove itself in the marketplace. If a product is good
people will purchase it over and over again. This keeps the
producer in business and if the product is bad or makes people
sick, a lack of customers will shut the business down. She
stated that the market puts the irresponsible producers out of
business because of their bad practices.
4:14:03 PM
REPRESENTATIVE SADDLER commented that she seems like an advocate
for local food. He asked if any news of foodborne illness make
consumers not trust locally-grown food.
MS. RENSEL answered definitely. She said that in the Interior a
meat processor keeps going in and out of business under
different names. She said, "People know what's up...." She
said she could purchase meat from that vendor but chooses to
goes to Delta since the company has an excellent reputation.
4:15:10 PM
RON KLEIN read prepared written testimony as follows [original
punctuation provided]:
Mr. Chairman, thank you for the opportunity to testify
on HB 202. My name is Ron Klein and I have strong
interest in growing Alaska's food industry, promoting
the development of markets for local food as well as
maintaining our current national and global markets
for Alaska food products.
I retired in October as the State's Food Safety and
Sanitation Program Manager. I am PastPresident of the
Association of Food and Drug Officials which
represents state agricultural and health food safety
directors and program managers on a national level to
promote safe food systems in the United States.
MR. KLEIN commented that this type of legislation is becoming
pretty common and fortunately most states reject the approach.
MR. KLEIN continued to read prepared written testimony as
follows [original punctuation provided]:
I am currently working as a food safety and emergency
preparedness subject matter expert for institutions
such as Louisiana State University, University of
Tennessee Knoxville, and the International Food
Protection Training Institute in Michigan. Locally, I
am serving on the Governing Board of the Alaska Food
Policy Council and part of the effort to help develop
a market for safe, healthy, local foods.
My comments today are my own and do not represent my
clients, employers or any organization I am associated
with.
I do not think HB 202 is a productive way to grow
Alaska's food industry. In fact it would have a
deleterious effect on public health, harm to efforts
to build a local food industry and could have a
serious impact on Alaska's seafood industry.
HB 202 would remove all public health controls on the
sale of locally produced foods to consumers. It would
enable sale direct to consumers of potentially
hazardous foods such as smoked or canned fish, dried
meats, shellfish, poultry products, dairy products,
and acidified and low acid canned foods.
Consuming improperly processed adulterated foods leads
to serious illness or death from ingestion of
pathogens such as, e.coli, salmonella, listeria,
campylobacter, Clostridium botulinum, and toxins such
as paralytic shellfish poisoning.
Problems with these products may not just make the
people who consume them ill. The people infected with
e.coli, salmonella, listeria, campylobacter them can
make other people ill through poor sanitation and the
fecal oral route.
MR. KLEIN recalled the food demonstration given earlier by
Representative T. Wilson, and noted that during the
demonstration her fingernail poked into the tomato. He
explained that if her hand was not clean it could be a way of
shedding the bacteria into the tomato, which could make someone
sick. He emphasized that keeping and maintaining a sanitary
environment is serious business.
4:19:05 PM
MR. KLEIN continued to read prepared written testimony as
follows [original punctuation provided]:
The risk of foodborne illness from potentially
hazardous foods is not hypothetical. The costs of a
foodborne illness are not zero. Alaska leads the
nation in the number of illnesses associated with
botulism. The primary food source is fish and
traditional foods. Under HB202 the foods which caused
these illnesses which normally limited to family
members and friends, could be sold directly to
consumers and kill them. There would be no public
health controls. Unfortunately, unless the consumers
have health insurance the costs of their illness would
be borne by Alaskans.
MR. KLEIN said he just read in the paper today that the Juneau
Memorial Hospital has a $12 million write-off. Those costs are
borne by the citizens, who can afford to pay, he stated.
MR. KLEIN continued to read prepared written testimony as
follows [original punctuation provided]:
The lack of labeling, record keeping, and regulatory
oversight for potentially hazardous foods will also
complicate the efforts of to investigate food borne
illnesses, their causes and sources.
While he might understand people might be
uncomfortable putting their name to a product, even a
non-potentially hazardous product, if an issue was
associated with the product, it is important to know
who is producing the product so if the person has
hepatitis steps could be taken to curb production. If
the information is not available more people will get
sick and the marketplace is irrelevant.
There will be no way for public health professionals
to trace back the source of a food borne illness to
the source. There will be no ability for environmental
health specialists to assist processors with
identifying and correcting sanitation and processing
flaws.
4:21:00 PM
MR. KLEIN continued to read prepared written testimony as
follows [original punctuation provided]:
In 2008 there was a campylobacter outbreak in Alaska
associated with the consumption of shucked raw peas,
which are a nonpotentially hazardous food, from a farm
in the MatSu Valley.
MR. KLEIN elaborated that the outbreak was connected to crane
poop which contained campylobacter and during the shelling
process the peas came in contact with the hulls that had crane
poop on them, which contaminated the peas and created the
illness. He pointed out that the campylobacter could not be
washed off the peas so the peas couldn't be cleaned.
MR. KLEIN continued to read prepared written testimony as
follows [original punctuation provided]:
There were 54 laboratory confirmed illnesses
associated with the peas. Five patients were
hospitalized and one developed GuillainBarre syndrome.
These products would be exempt under HB 202. Under HB
202 DEC environmental health specialists would not
have had the ability to help the farmer/processor
identify food safety measures to implement to save his
business.
4:22:55 PM
MR. KLEIN continued to read prepared written testimony as
follows [original punctuation provided]:
Illnesses associated with these foods can harm the
reputation of Alaska's food industry. Under HB202 an
individual can, grow, process and sell shellfish in
untested waters and without testing the shellfish for
PSP beforehand. Last summer there a number of
individuals became ill in southeast Alaska with PSP
after consuming shellfish which they personally
gathered. I recall being contacted by ASMI and growers
who were concerned that the market for regulated
inspected shellfish products would be harmed due to
the publicity of people becoming ill after eating
Alaska's shellfish. If someone contracts botulism from
eating Joe's smoked or canned fish, it will have an
impact on the market for inspected smoked or canned
fish and harm the reputation of Alaska's seafood
industry and the businesses of those who are doing it
right.
MR. KLEIN said he has been involved with Chinese importers who
are interested in purchasing Alaska's seafood since Alaska's
seafood has had a reputation for being quality and safe.
MR. KLEIN continued to read prepared written testimony as
follows [original punctuation provided]:
Just last summer there were 7 lab confirmed cases of
campylobacter illnesses associated with consuming raw
milk from a farm in the MatSu Valley. Last year the
federal Food Safety Management Act of 2011 became law.
There are a number of misconceptions about whether it
applies to small producers. Apparently this appears to
have been a model for HB 202. The fact is FSMA does.
Facilities only have a qualified exemption. Facilities
that qualify would be exempt from the preventive
control/HACCP provisions in S. 510, but would still
have to comply with one of the following:
(1) They would have to demonstrate that they have
identified potential hazards and are implementing
preventive controls to address the hazards, or
(2) they would have to demonstrate to FDA that they
are in compliance with state or local food safety
laws.
4:24:50 PM
MR. KLEIN continued to read prepared written testimony as
follows [original punctuation provided]:
The Tester Amendment also includes a specific
NONpreemption of state and local authority. Congress
expected the states to continue regulating small
producers as it has done so for decades. It only
intended to limit federal involvement. However
Congress also didn't turn its back.
According to the Tester Amendment in the event of an
active investigation of a foodborne illness outbreak
that is directly linked to a facility or farm exempted
under this section, or if the Secretary determines
that it is necessary to protect the public health and
prevent or mitigate a foodborne illness outbreak based
on conduct or conditions associated with a facility or
farm that are material to the safety of food, the
Secretary may withdraw the exemption provided to such
facility.
HB 202 will do nothing to promote the sale of farm to
schools or build sustainable value added industry.
MR. KLEIN said that farmers can't do so since those foods can
only be sold direct to the consumer and cannot be sold to the
schools. He stated that he held a conversation with the Under
Secretary Elizabeth Kagen, Department of the Interior, who is
responsible for food safety inspection services and nutrition
who advises that the DOI expects foods purchased for national
school lunch and provided under the school lunch program comes
from facilities with good agricultural practices and are
knowledgeable. That is one of the requirements of the program,
he said.
MR. KLEIN continued to read prepared written testimony as
follows [original punctuation provided]:
I recommend that HB 202 be efforts be tabled. DEC is
completing revisions to the Alaska Food Code which
essentially deregulates or simplifies regulation of
nonpotentially hazardous food sold directly to
consumers. I think when it is in effect it will go a
long ways towards meeting the needs of Alaskan's who
want to selling some products directly to consumers.
Other efforts such as the one envisioned by HCR 24,
which has received broad House support and which asks
the Governor to create a State Food Resource
development Group.
4:27:50 PM
CHAIR OLSON interjected that the measure he mentioned is not
currently before the committee.
MR. KLEIN acknowledged that the resolution was not before the
committee and indicated he mentioned it as it was related to
food. He indicated he was nearly finished. He continued to read
prepared written testimony as follows [original punctuation
provided]:
The other activities detailed in the Alaska Food
Policy Council's Strategic plan will provide for a
thoughtful reasoned approach to grow Alaska's food
industry and increase the opportunities for Alaskan's
to have better access to safe, nutritious, high
quality local foods.
MR. KLEIN noted that he included attachments with his testimony.
REPRESENTATIVE SADDLER asked whether he ever eats farm-produced
produce direct from farms or farmers' markets.
MR. KLEIN answered yes. He said he does not have any problem
with purchasing from farms.
4:28:31 PM
REPRESENTATIVE SADDLER asked if he has ever gotten sick.
MR. KLEIN said he commonly purchases whole produce, which is not
regulated.
REPRESENTATIVE SADDLER asked again if he has ever gotten sick
from produce.
MR. KLEIN responded he did not know. He explained he wasn't
trying to be flip with his answer; however, foodborne illness
may have a 48-hour incubation time or more depending on the
pathogen. He said foodborne illness is underreported due to
this delay. The only way to know for certain the source of the
problem is to have fluids tested against the food. Lots of
surveillance is being done to help identify the causes of
foodborne illnesses. He confirmed that he has not made any
personal connection between the farm produce and illness.
4:29:31 PM
REPRESENTATIVE T. WILSON said she noticed how much produce is
being purchased from Mexico and Brazil. She related that at
some point we have to realize that people are selling food or
giving it away. She pointed out the cow shares and goat shares
as ways people circumvent the raw milk sales rules. She does
not favor going around the rules. She questioned the number of
people actually getting ill from farmers' markets. She said she
requested the statistics of people who became ill between 2009
and 2012 and there were none in Alaska. She characterized this
bill as a policy call on whether to promote farmers' markets and
farm sales or if Alaskans would rather buy all their food from
other countries. She acknowledged HB 202 has some issues.
[HB 202 was held over.]
4:30:38 PM
The committee took a brief at-ease.