Legislature(2001 - 2002)

04/10/2002 01:10 PM House RES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
HB 432-AGRICULT. PROG.COORDINATOR/ANIMAL FEED                                                                                 
                                                                                                                                
CO-CHAIR  MASEK announced  that  the committee  would hear  HOUSE                                                               
BILL NO.  432, "An  Act relating  to the  labeling of  animal and                                                               
poultry  feeds and  to the  agriculture program  coordinator; and                                                               
providing for an effective date."                                                                                               
                                                                                                                                
CO-CHAIR  MASEK noted  that public  testimony had  been concluded                                                               
the  previous week  and that  members should  have copies  of the                                                               
additional written  testimony received.  As  requested, she said,                                                               
the sponsor  had made some  minor changes to the  bill, contained                                                               
in the new proposed committee substitute (CS).                                                                                  
                                                                                                                                
Number 0173                                                                                                                     
                                                                                                                                
REPRESENTATIVE STEVENS moved to  adopt version 22-LS1428\J, Cook,                                                               
4/4/02, as  a work draft.   There  being no objection,  Version J                                                               
was before the committee.                                                                                                       
                                                                                                                                
Number 0191                                                                                                                     
                                                                                                                                
PETER FELLMAN, Staff to Representative  John Harris, Alaska State                                                               
Legislature,  explained Version  J  on  behalf of  Representative                                                               
Harris, sponsor  of HB 432.   He noted that at  the conclusion of                                                               
the previous hearing, Representative  Green had expressed concern                                                               
about putting  in the bill  the "organic" language that  had been                                                               
brought  up during  testimony.   [Version  J] therefore  reflects                                                               
that  change,  putting  [the  state] in  line  with  the  federal                                                               
"organic" language  that will  come online  in October.   Changes                                                               
are on page 1  in the title, and on page 2, line  3.  Mr. Fellman                                                               
indicated the rest of the bill is the same as before.                                                                           
                                                                                                                                
Number 0356                                                                                                                     
                                                                                                                                
REPRESENTATIVE  KERTTULA  inquired  about page  2,  lines  29-30,                                                               
Section  7, which  says  this  doesn't apply  to  meat, fish,  or                                                               
poultry.                                                                                                                        
                                                                                                                                
MR. FELLMAN noted that it  was a recommendation from the Division                                                               
of Agriculture.  He deferred to Rob Wells.                                                                                      
                                                                                                                                
Number 0430                                                                                                                     
                                                                                                                                
ROBERT WELLS,  Director, Division  of Agriculture,  Department of                                                               
Natural  Resources  (DNR),   responded  via  teleconference  that                                                               
current law puts  the responsibility for meat,  fish, and poultry                                                               
in the  Department in Environmental  Conservation, and so  DNR is                                                               
basically   just  addressing   "terrestrial  agriculture."     He                                                               
specified that the changes bring  [DNR] into consistency with the                                                               
national organic program, which goes into effect in mid-October.                                                                
                                                                                                                                
Number 0496                                                                                                                     
                                                                                                                                
CO-CHAIR SCALZI,  acknowledging the new fiscal  note, asked about                                                               
the "Agronomist [II program manager  position"] referenced in the                                                               
fiscal note analysis.                                                                                                           
                                                                                                                                
MR.  WELLS answered  that the  Agronomist  II classification  was                                                               
chosen  because the  job title,  as  seen in  the bill,  includes                                                               
three  major  responsibilities:   1)  eradicate  and control  and                                                               
spread of  noxious weeks and  invasive plant species;  2) certify                                                               
inspection   reports   for   organic  foods;   and   3)   enforce                                                               
requirements that  are already on  the books for  labeling animal                                                               
and poultry feeds.   He offered his opinion that  the majority of                                                               
the position's  time will be  spent on the "noxious  and invasive                                                               
weeds" section;  thus there is the  need to go to  the agronomist                                                               
series.   The  person will  also have  experience and  scientific                                                               
abilities to review  inspection reports that will  come under the                                                               
responsibilities for the organic certification  program.  He said                                                               
perhaps  only an  Agronomist  I  would be  needed,  but that  the                                                               
Agronomist II  was proposed, to be  on the safe side,  because of                                                               
the experience needed for the  "noxious and invasive pests" area.                                                               
In response to a question  about what would be entailed statewide                                                               
with regard to labeling of animal and poultry feeds, he said:                                                                   
                                                                                                                                
     We  get  a number  of  requests  from manufacturers  of                                                                    
     different products  as to how  they can  operate within                                                                    
     the  state, given  our existing  ... laws.   Currently,                                                                    
     we're  only aware  of three  animal [and]  poultry feed                                                                    
     producers, although  we do get requests  sometimes from                                                                    
     dog-food manufacturers  also.  One of  those is located                                                                    
     in the Delta  Junction area, and the other  two here in                                                                    
     Southcentral.                                                                                                              
                                                                                                                                
     Because of  the concern in recent  years regarding feed                                                                    
     rations,  mostly given  to ...  dairy herds  and cattle                                                                    
     herds with regard  to meats and bone  meal, the federal                                                                    
     government has  really stepped up  its efforts  to make                                                                    
     sure  the  states  are   monitoring  plants  that  have                                                                    
     rendering  facilities and  plants  that do  manufacture                                                                    
     feed that,  frankly, should  not go into  a dairy  or a                                                                    
     bovine diet.                                                                                                               
                                                                                                                                
MR. WELLS reported that there is  only one active renderer in the                                                               
state,   in  Southcentral.     The   expectation  is   that  this                                                               
[Agronomist  II] position  would  just ensure  that the  labeling                                                               
requirements  are  [met  correctly]   with  regard  to  the  feed                                                               
sources, including some annual checking  and making sure there is                                                               
no  intermixing of  rendered products  and dairy  [feed] rations.                                                               
He surmised  that although no  one of the  three responsibilities                                                               
is a  full-time job, the three  together will keep the  person in                                                               
this new position quite busy.                                                                                                   
                                                                                                                                
Number 0920                                                                                                                     
                                                                                                                                
CO-CHAIR  SCALZI  asked whether  this  new  position would  be  a                                                               
necessity, then,  and couldn't  be filled  by any  other existing                                                               
department.                                                                                                                     
                                                                                                                                
MR. WELLS answered:                                                                                                             
                                                                                                                                
     It's   our    opinion   that   these    functions   are                                                                    
     appropriately   housed    within   the    Division   of                                                                    
     Agriculture.   With  regard to  the  "organic" and  the                                                                    
     feed  labeling, the  statutes  are  already within  our                                                                    
     responsibilities.   Frankly, we have  not been  able to                                                                    
     accomplish those  duties because of the  lack of staff.                                                                    
     Our inspection staff currently  consists of three other                                                                    
     employees.   We do  a variety of  inspection functions,                                                                    
     everything from  shell/egg inspection to  inspection of                                                                    
     elk  fences,  not  to  mention  the  standard  terminal                                                                    
     market  fruit-and-vegetable  inspection.    So,  in  my                                                                    
     opinion, these duties are well  suited for the Division                                                                    
     of Agriculture,  and we do  not have the  resources now                                                                    
     to perform these functions.                                                                                                
                                                                                                                                
Number 1026                                                                                                                     
                                                                                                                                
REPRESENTATIVE STEVENS asked how people would apply for the                                                                     
certification of organic foods proposed in Version J.                                                                           
                                                                                                                                
MR. WELLS replied:                                                                                                              
                                                                                                                                
     I've become  fairly familiar with the  new federal rule                                                                    
     over recent years.   First of all, if  any producer ...                                                                    
     grosses  on  their  farm  less  than  $5,000  worth  of                                                                    
     product,  they will  not be  required to  be certified.                                                                    
     They can use the  USDA [U.S. Department of Agriculture]                                                                    
     organic  seal on  their produce,  but they  need to  be                                                                    
     prepared, if  someone were to  challenge them  on their                                                                    
     production techniques, that they  could prove that they                                                                    
     are  in  compliance.    So  there  is  no  cost  or  no                                                                    
     certification to that individual.                                                                                          
                                                                                                                                
     For those  individuals that gross  more than  $5,000 of                                                                    
     farm product, then they will  need to hire an inspector                                                                    
     who will come  to their farm and basically  do an audit                                                                    
     -  a  paper audit  and  a  review  - of  their  growing                                                                    
     practices.   And we don't  see ourselves in  that role.                                                                    
     There  are a  number  of  private inspector  companies,                                                                    
     one,   in   particular,   that   the   Alaska   Organic                                                                    
     Association has  been utilizing in  recent years.   But                                                                    
     after that inspection report ...  is complete, it needs                                                                    
     to go to a certifying agent.   And that's the role that                                                                    
     the Division  of Agriculture would  play.  We  would be                                                                    
     the certifying  agent, and that  authority is  given to                                                                    
     us through application to  the United States Department                                                                    
     of Agriculture.                                                                                                            
                                                                                                                                
     I believe  there was reference  to the  organic portion                                                                    
     of this legislation in the  original bill.  However, we                                                                    
     didn't  clean up  and come  into  consistency with  the                                                                    
      federal rule in a couple of cases, and so that's the                                                                      
     nature of this amendment.                                                                                                  
                                                                                                                                
CO-CHAIR MASEK asked whether there were any questions; none were                                                                
offered.  She noted that public comment was closed.                                                                             
                                                                                                                                
Number 1339                                                                                                                     
                                                                                                                                
REPRESENTATIVE McGUIRE moved to report CSHB 432 [version 22-                                                                    
LS1428\J,  Cook,   4/4/02]  out  of  committee   with  individual                                                               
recommendations and  the accompanying  fiscal note.   There being                                                               
no objection, CSHB 432(RES) was  moved out of the House Resources                                                               
Standing Committee.                                                                                                             

Document Name Date/Time Subjects