Legislature(2001 - 2002)
02/27/2002 01:00 PM House RES
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SB 208-DISCLOSURES: SALMON, HALIBUT, SABLEFISH CO-CHAIR SCALZI announced that the next order of business before the committee would be the CS FOR SENATE BILL NO. 208(L&C) am, "An Act relating to the labeling of, the advertising of, and the disclosure of certain information about halibut, salmon, halibut products, and salmon products." Number 2433 REPRESENTATIVE McGUIRE moved to adopt HCS CSSB 208 [version 22- LS0788\J, Bannister, 2/26/02] as the working document. There being no objection, Version J was before the committee. Number 2423 SENATOR JERRY WARD, Alaska State Legislature, testified as the sponsor of SB 208. He indicated he wasn't an expert in the fishing [industry], but had been involved in fish "wars" for a long time. Also, he [is active in] commercial setnetting and sport and subsistence [fishing]. He indicated he and his family were surprised to learn that farmed salmon [contains] red dye and antibiotics. He explained that he'd approached several [grocery stores] and asked them to label [the farmed salmon so that consumers could identify which products contain dye and antibiotics]. The people at those stores didn't know or didn't admit that those [products contain dye and antibiotics], he said. He indicated that to make the producers of farmed fish label the product is more involved than he'd had anticipated, which is why SB 208 was created. He referred to a poster he'd brought for illustrative purposes. SENATOR WARD recounted that during a trip to California he and some friends, wanting a salmon dinner, had [contacted] every restaurant in Palm Springs to try to find Alaskan salmon. The salmon advertised on the menus said, "Alaska salmon" or "natural salmon" or "pristine salmon," for example, but there was no "wild salmon" to be found in Palm Springs, a five-star restaurant [location]. He said [the subject] again came up while working with Representative Kerttula on vaccines. Number 2296 SENATOR WARD said he doesn't believe that people in the general public have any concept that [dye and antibiotics] are in [farmed fish]. He indicated he would like Alaskans to have an obligation to label products to identify them as free of dye and antibiotics. Senator Ward said he couldn't even begin to list the [additives]. He said after talking to the federal government and Michele Brown, [Commissioner] of the Department of Environmental Conservation (DEC), [he'd discovered] that nobody really knows all of the things that go into some of the farmed products that don't come from [the United States]. SENATOR WARD said salmon and other fish caught in Alaska don't contain [dye or antibiotics], and he feels they should be labeled as such. He offered his belief that [farmed fish containing dye or antibiotics] is poisonous, and he wants his kids and [constituents] to have the knowledge and ability to decide for themselves. He indicated this legislation is not banning [farmed fish]. It's a simple truth in labeling. Number 2168 REPRESENTATIVE GREEN asked Senator Ward if he had eaten any [farmed fish]. SENATOR WARD said he had, but doesn't anymore. Number 2099 REPRESENTATIVE McGUIRE complimented Senator Ward on the bill. She referred to page 3 [Section 2, which adds a new section to AS 17.20.048]. She asked how this would be enforced and what the penalty would be. SENATOR WARD said mislabeling laws currently exist; [AS 17.20.048] would fall under those. He indicated that if a product were mislabeled, it would be fraud. However, labeling cannot be forced for [farmed fish]; it would take Alaska and other states to get Congress do that, which he said he thought would eventually happen. REPRESENTATIVE McGUIRE asked, "So, this is more the carrot as opposed to the stick?" SENATOR WARD said yes. Number 1993 REPRESENTATIVE KERTTULA remarked that [SB 208] is a great bill. She began discussion of what would be adopted later as Amendments 2 and 3. Referring to page 4, line 9, subsection (c), she asked whether Senator Ward would have any concerns about changing it to say that halibut, salmon, or sablefish products include halibut, salmon, sablefish or food products made from [those]. She indicated the need to include the whole fish as well, since a whole farmed salmon might show up. SENATOR WARD said he would have no problem and thinks it [would make the provision] clearer. REPRESENTATIVE KERTTULA noted that a definition in Title 17 that deals with farmed-salmon products could be referred to, and in the definitions section, AS 17.23.070, which defines farmed salmon products, halibut, salmon, and sablefish could be added and changed accordingly. Number 1782 ROBIN SAMUELSEN testified via teleconference. He told the committee he was in support of SB 208 and the amended language. He said he was glad sablefish was included [in Version J]. He said the largest fish farmer in the world has projected producing 400,000 tons of cod in 2012, so it's going to be disruptive to the cod market. He said there are 32 different colors [of dye] that wholesalers can choose from. Number 1734 JANICE ADAIR, Director, Division of Environmental Health, Department of Environmental Conservation (DEC), testified via teleconference. She told the committee there has been some concern that prior versions of this bill would apply to salmon or [other] fish from hatcheries. The amendment made on the Senate floor to page 3, line 28 [of the Senate version, now line 30 in Version J] removed the word "or", which she said DEC interprets to clarify that this bill doesn't apply to hatchery fish. [The relevant language on page 3, line 28, CSSB 208(L&C) am, read: "(2) has not been raised in captivity under control for its entire life".] CO-CHAIR SCALZI noted that "or" [page 3, line 30, Version J] is [again] in the bill: "(2) has not been raised in captivity or under control for its entire life". MS. ADAIR recommended deleting "or". Number 1540 REPRESENTATIVE McGUIRE moved to adopt Amendment 1, to remove the word "or" from page 3, line 30. She explained that it would clarify that it [is applicable] to farmed fish as opposed to those hatched in captivity. CO-CHAIR SCALZI asked whether there was any objection. There being no objection, Amendment 1 was adopted. Number 1449 REPRESENTATIVE KERTTULA moved to adopt Amendment 2, on page 4, lines 9-10 [subsection (c)], to amend the language to say, "includes halibut, salmon, or sablefish or a food product made from halibut, salmon, or sablefish." CO-CHAIR SCALZI restated the new wording: In this section, "halibut, salmon, or sablefish product" includes halibut, salmon, or sablefish or a food product made from halibut, salmon, or sablefish. Number 1406 CO-CHAIR SCALZI asked if there was any objection. There being no objection, Amendment 2 was adopted. Number 1400 REPRESENTATIVE KERTTULA proposed language for conceptual Amendment 3. Reiterating her earlier point that there is a definition of farmed salmon product in statute [AS] 17.20.370, she noted that page 3, line 13 [Version J] says "the food is a farmed halibut, salmon, or sablefish product". Therefore, [Amendment 3] would add halibut and sablefish into the definition. She recommended the language, "a farmed halibut product means ... or a farmed salmon, halibut, or sablefish product means." She said this makes it clear that the provision doesn't include hatchery fish. She noted that the exact wording can be [determined by Legislative Legal and Research Services]. Number 1304 CO-CHAIR SCALZI asked about the procedure to [amend the definition], because it is not attached to the bill. REPRESENTATIVE KERTTULA offered that it is in the ambit of the title and is clearly referred to in the bill itself. Number 1272 REPRESENTATIVE KERTTULA moved to adopt the foregoing [as conceptual Amendment 3]. There being no objection, Amendment 3 was adopted. REPRESENTATIVE KERTTULA pointed out an earlier suggestion to label fish that aren't tested for antibiotics as such. Number 1222 REPRESENTATIVE FATE moved to report HCS CSSB 208 [version 22- LS0788\J, Bannister, 2/26/02, as amended] out of committee with individual recommendations and the accompanying zero fiscal note. There being no objection, HCS CSSB 208(RES) was reported from the House Resources Standing Committee.
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