Legislature(2003 - 2004)

03/17/2003 01:37 PM Senate CRA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
         SB 118-BOROUGH INSPECTION: FOOD/AQUATIC FARMS                                                                      
                                                                                                                              
CHAIR  THOMAS  WAGONER  asked  Commissioner  Ernesta  Ballard  to                                                               
introduce SB 118.                                                                                                               
                                                                                                                                
ERNESTA   BALLARD,  Department   of  Environmental   Conservation                                                               
Commissioner, gave the following opening remarks:                                                                               
                                                                                                                                
     SB  118 is  the Governor's  legislation, which  we hope                                                                    
     you  will  approve  to allow  first  and  second  class                                                                    
     boroughs to enforce food safety standards.                                                                                 
                                                                                                                                
     The  State of  Alaska has  been ensuring  that food  is                                                                    
     handled correctly  since statehood. State  law provides                                                                    
     the framework and  the department's regulations provide                                                                    
     the  standards  that  protect  public  health.  We  are                                                                    
     fortunate that  in this area  there has been  a growing                                                                    
     knowledge of food safety  handling practices and modern                                                                    
     food  preparation technology  in recent  years. And  in                                                                    
     fact in  the last  20 years  many food  safety programs                                                                    
     have  implemented  new  regulatory approaches  to  take                                                                    
     advantage of this new body of information.                                                                                 
                                                                                                                                
     Nationally,  a   mix  of  local,  state,   and  federal                                                                    
     governments  perform the  needed  tasks  to ensure  the                                                                    
     public  food  supply  is protected.  In  Alaska,  state                                                                    
     government  has been  the primary  entity working  with                                                                    
     food service  establishments to protect  public health.                                                                    
     The state  has had statutory and  regulatory ability to                                                                    
     delegate this program to  local governments since 1999.                                                                    
     Anchorage  takes  advantage  of  this  opportunity  and                                                                    
     conducts food inspections as a home-rule municipality.                                                                     
                                                                                                                                
     We believe it  is important to encourage  as much local                                                                    
     control  as possible  in the  important  area of  local                                                                    
     food  safety. State  law allows  home  rule cities  and                                                                    
     boroughs,  and   first  and  second  class   cities  to                                                                    
     implement  a food  safety  program  that is  consistent                                                                    
     with  their charter  and  approved  by their  assembly.                                                                    
     This bill  provides the same  opportunity to  first and                                                                    
     second  class boroughs.  Specifically, it  allows those                                                                    
     boroughs  to  conduct  a   food  safety  program  using                                                                    
     protective state standards.                                                                                                
                                                                                                                                
     The  State of  Alaska will  continue to  set protective                                                                    
     standards  and implement  them in  areas that  have not                                                                    
     asked   for   delegation   to   provide   the   service                                                                    
     themselves.                                                                                                                
                                                                                                                                
     This legislation does not  require any local government                                                                    
     to  take  on this  responsibility.  It  gives them  the                                                                    
     opportunity  to  exercise  local  control  should  they                                                                    
     choose.                                                                                                                    
                                                                                                                                
SENATOR  ROBIN TAYLOR  asked if  cities were  in any  position to                                                               
test aquatic farm products.                                                                                                     
                                                                                                                                
COMMISSIONER  BALLARD said  a local  municipality  could take  on                                                               
those  powers, but  they would  have  to demonstrate  they had  a                                                               
sufficiently funded  program and sufficiently  skilled personnel.                                                               
She  added, "This  is a  theoretical delegation,  it sets  up the                                                               
opportunity."                                                                                                                   
                                                                                                                                
SENATOR  TAYLOR  stated  this  was  a  good  idea  and  he  would                                                               
encourage any municipalities that wanted  to do this. He asked if                                                               
Anchorage or any city monitored air pollution.                                                                                  
                                                                                                                                
COMMISSIONER  BALLARD replied  Anchorage has  a fairly  extensive                                                               
capability that is specifically  delegated through the department                                                               
to handle aspects of their air pollution program.                                                                               
                                                                                                                                
SENATOR TAYLOR asked if the  department would be able to delegate                                                               
or require a city to exercise the powers.                                                                                       
                                                                                                                                
COMMISSIONER BALLARD advised this is  not a mandatory program; it                                                               
is  optional and  the  department will  continue  to implement  a                                                               
program that  is available  statewide that  will assure  that any                                                               
place in  the state  without a locally  delegated program  has an                                                               
adequately protected food safety program.                                                                                       
                                                                                                                                
SENATOR LINCOLN  asked what the  incentive would be  for boroughs                                                               
to assume  this responsibility and, in  particular, the liability                                                               
associated with food inspection.  She questioned whether the bill                                                               
was the result of boroughs asking to assume that role.                                                                          
                                                                                                                                
COMMISSIONER BALLARD  advised the incentive comes  from the basic                                                               
civic principle, "that government likes  to do for its people, as                                                               
close  to the  people as  possible." Food  safety is  one of  the                                                               
oldest government  programs in the  country. She  assured members                                                               
there  would  be  local  governments who  would  seek  the  local                                                               
opportunity to  deal directly with  their restaurants  and people                                                               
who  prepare food.  The department  would continue  to provide  a                                                               
food safety program for cities that don't exercise the option.                                                                  
                                                                                                                                
She  described  a double-pronged  incentive  to  explain why  the                                                               
Governor proposed the bill. In  the last appropriations bill last                                                               
year,  the Legislature  specifically directed  the Administration                                                               
to  reorganize their  inspection  program for  the boroughs  that                                                               
were  large  enough to  run  their  own cost  effective  program.                                                               
Nationally,  the  process of  food  safety  management has  moved                                                               
beyond  Alaska's  conventional   inspection  based  program.  The                                                               
department believes it's time to  work toward offering incentives                                                               
and program components that work  with operator certification and                                                               
operator  management  systems  to  get  more  responsibility  and                                                               
accountability   placed   with   the   operator   of   the   food                                                               
establishment.                                                                                                                  
                                                                                                                                
SENATOR LINCOLN questioned how much  the department would save if                                                               
municipalities assumed the authority  of inspecting food and farm                                                               
products  and whether  the savings  might be  enough to  save the                                                               
department a position.                                                                                                          
                                                                                                                                
COMMISSIONER  BALLARD advised  the Governor's  budget proposes  a                                                               
reduction of  six positions  and an  attendant reduction  of more                                                               
than  $500,000 of  program receipts.  That  anticipates the  four                                                               
largest  boroughs assuming  program  responsibility. The  program                                                               
reduction is  specifically a reduction of  the inspection program                                                               
that the department  currently provides in those  boroughs. It is                                                               
fully supported by  restaurant fees; the restaurants  pay the fee                                                               
and the  department provides the inspection  service. Presumably,                                                               
those boroughs would charge a fee and run their own program.                                                                    
                                                                                                                                
The department  has sufficient funds remaining  in the Governor's                                                               
proposed  budget   to  reorganize  and  implement   a  protective                                                               
statewide  program without  that  component of  the program.  She                                                               
advised SB  118 is  best viewed  as a  companion to  the proposed                                                               
budget,  which is  a reorganization  of the  current program.  It                                                               
eliminates the  components of the  program in the  four boroughs,                                                               
but it  doesn't eliminate the department's  responsibility to set                                                               
standards that are protective statewide.                                                                                        
                                                                                                                                
SENATOR GARY  STEVENS said  he had  three questions.  Although he                                                               
likes the  option, it appears to  be a wash. Would  the fees that                                                               
are  collected pay  for  the personnel  hired  to administer  the                                                               
programs? Would this  actually save money for the  state? Also is                                                               
it   possible  that   aquatic  farming   might  include   seafood                                                               
processing as well?                                                                                                             
                                                                                                                                
COMMISSIONER BALLARD replied:                                                                                                   
                                                                                                                                
   · The restaurant fees cover much of the costs but not the                                                                    
     entire cost of the program. At the state level the program                                                                 
     must determine the framework and standards of the                                                                          
     regulatory program for food safety inspection.                                                                             
   · The proposed budget reduction is the actual cost of                                                                        
     implementing  the  inspection  program  in  the  four  large                                                               
     boroughs. The  state budget  includes all  program receipts.                                                               
     There would be  a reduction in those program  receipts and a                                                               
     corresponding  reduction in  the positions  and expenditures                                                               
     at the department level.                                                                                                   
                                                                                                                                
SENATOR GARY STEVENS interjected he  was focusing on the boroughs                                                               
because he  couldn't understand why  a borough would  ever assume                                                               
the inspection authority  if they didn't collect  enough to cover                                                               
all costs.                                                                                                                      
                                                                                                                                
COMMISSIONER  BALLARD replied  the  boroughs  should answer  that                                                               
question, but she believes many  local governments prefer to have                                                               
a  regulatory  relationship  in  public  health  protection.  She                                                               
thought  Anchorage was  pleased  with  their stakeholder  program                                                               
rather than having the state provide the program for them.                                                                      
                                                                                                                                
She continued:                                                                                                                  
    · When the total state budget is reduced, whether through                                                                   
      program  receipts or  general fund,  it is  a reduction  so                                                               
      this is  a reduction in  state employment. In  theory, when                                                               
      you  reduce  state employment  there  is  a net  beneficial                                                               
      affect in overall cost control.                                                                                           
                                                                                                                                
SENATOR GARY  STEVENS restated  he was looking  for an  answer to                                                               
whether or not the fees  a borough might charge restaurants would                                                               
cover their costs  to administer the inspection  program. Would a                                                               
borough  that  chose  the  delegation   of  authority  assume  no                                                               
financial burden?                                                                                                               
                                                                                                                                
COMMISSIONER BALLARD replied a  borough choosing delegation would                                                               
have to decide  how to structure their program,  which would have                                                               
to be as  protective as the department's program.  There are many                                                               
ways  to  achieve protection  and  inspection  is one  choice.  A                                                               
borough might  choose an operator  certification program,  a food                                                               
worker safety card  or some other tool to achieve  a program. The                                                               
Division  of  Environmental  Health   would  review  the  program                                                               
selected  by the  borough  to  determine whether  or  not it  was                                                               
protective enough. The  borough would select the  type and amount                                                               
of fee  to be  collected. They  could charge  a per-visit  fee, a                                                               
license  or permit  fee, an  annual fee  or some  other scheduled                                                               
fee. While  there are many  ways to  put a program  together, the                                                               
department's job is  to determine whether a  borough had designed                                                               
an acceptably protective  program. The borough's job  would be to                                                               
decide how  to put their program  together so it would  work best                                                               
for them.                                                                                                                       
                                                                                                                                
SENATOR  GARY  STEVENS  asked   what  an  operator  certification                                                               
program means.                                                                                                                  
                                                                                                                                
COMMISSIONER  BALLARD explained  it means  that the  food service                                                               
operator might be required to  have a personal certification that                                                               
could  be  arranged  through the  department  or  an  independent                                                               
provider.   Nationally,   there   is  improved   flexibility   in                                                               
delivering  protective  programs.  The incidence  of  food  borne                                                               
illness is  at least holding its  own; it is not  going up. There                                                               
are good ways  to protect people by  moving accountability closer                                                               
to the restaurant operator and  away from the regulator. "We, and                                                               
the restaurant operators, and the  boroughs and municipalities in                                                               
this state  are ready  to move forward  into a  more contemporary                                                               
regulatory regime."                                                                                                             
                                                                                                                                
In response to the third  question, she said the department would                                                               
continue to  maintain responsibility over the  seafood processing                                                               
plants in the state.                                                                                                            
                                                                                                                                
SENATOR ELTON asked whether she was  aware of any first or second                                                               
class boroughs that had asked for the delegation of authority.                                                                  
                                                                                                                                
COMMISSIONER BALLARD admitted she was aware of none.                                                                            
                                                                                                                                
                                                                                                                                
SENATOR ELTON  thought this was  introducing cross-jurisdictional                                                               
issues. He  pointed out  that owners  of food  service franchises                                                               
would  find different  inspection regimes  in different  areas of                                                               
the state, which wouldn't be business friendly.                                                                                 
                                                                                                                                
COMMISSIONER  BALLARD declared  that  is the  case  in all  other                                                               
states.  Alaska  is probably  the  only  state that  maintains  a                                                               
statewide  food safety  program.  Most states  have local  health                                                               
districts that  are even smaller  units of government  than local                                                               
government.  Local  health   districts  are  generally  organized                                                               
within  counties   and  the  responsibilities   under  discussion                                                               
generally  accrue  to  local health  districts.  For  example,  a                                                               
McDonalds   might  have   30  jurisdictions   in  the   State  of                                                               
Washington.                                                                                                                     
                                                                                                                                
SENATOR ELTON  said, "So it would  be intuitive for us  to assume                                                               
that  they   prefer  our   system  where   they  only   have  one                                                               
jurisdiction."                                                                                                                  
                                                                                                                                
COMMISSIONER BALLARD wasn't  sure that would be  a good intuitive                                                               
judgment.  Large national  chains  probably have  their own  food                                                               
management  safety system  that they  operate uniformly  at every                                                               
restaurant in the  chain and at a higher standard  than any state                                                               
or health district could hope  to achieve. Due to liability, they                                                               
are their own best protectors.                                                                                                  
                                                                                                                                
SENATOR  ELTON asked  how or  whether the  department deals  with                                                               
cruise ship or ferry food service.                                                                                              
                                                                                                                                
COMMISSIONER BALLARD  advised the  department does not  deal with                                                               
cruise  ships  but  they  do have  jurisdiction  over  the  state                                                               
ferries.                                                                                                                        
                                                                                                                                
SENATOR  ELTON asked  if she  envisions each  municipality having                                                               
the responsibility to inspect ferries.                                                                                          
                                                                                                                                
MS.  KRISTIN RYAN,  Division  of  Environmental Health  Director,                                                               
responded  that the  division intends  to maintain  oversights of                                                               
operations such  as the  railroad and  ferry system  that operate                                                               
across jurisdictions.                                                                                                           
                                                                                                                                
SENATOR  ELTON  asked  whether   the  department  would  maintain                                                               
jurisdiction    for    school    districts,    particularly    in                                                               
unincorporated  areas,  in  which   a  licensed,  inspected  food                                                               
provider  was  required before  they  could  qualify for  federal                                                               
dollars.                                                                                                                        
                                                                                                                                
MS.  RYAN   was  aware  of   the  restriction  that   requires  a                                                               
government-licensed   entity,   which    means   that   a   local                                                               
jurisdiction would qualify.                                                                                                     
                                                                                                                                
SENATOR ELTON speculated that due  to the permissive nature, some                                                               
local  jurisdictions  wouldn't  take  advantage  of  the  option.                                                               
Chevak  probably wouldn't  assume food  inspection powers  and he                                                               
wondered whether the department would maintain jurisdiction.                                                                    
                                                                                                                                
MS. RYAN  replied the department would  maintain jurisdiction for                                                               
any area that chose not to assume the authority.                                                                                
                                                                                                                                
SIDE B                                                                                                                          
2:15 pm                                                                                                                         
                                                                                                                                
CHAIR   WAGONER  remarked   governments  work   in  strange   and                                                               
mysterious ways. He  related a story regarding  how zoning powers                                                               
shifted back and forth between the  borough and City of Kenai and                                                               
wondered if this might not develop similarly.                                                                                   
                                                                                                                                
COMMISSIONER BALLARD  said she couldn't testify  to the stability                                                               
of borough  forms of  government, but  food safety  regulation is                                                               
evolving  and  it's  time  for  Alaska to  evolve  with  it.  The                                                               
department intends  to develop a  statewide program that  will be                                                               
protective statewide  regardless of  borough activity. It  is the                                                               
state's  responsibility to  assure that  there is  a standard  of                                                               
safety available  from Barrow  to Craig  and boroughs  could then                                                               
choose to use  the tool or not  use the tool. "It's  a matter for                                                               
them to  decide what kind  of a  regulatory program they  want in                                                               
their own communities."                                                                                                         
                                                                                                                                
CHAIR WAGONER  requested an accounting  of the receipts  that the                                                               
department currently  collects for inspection services  from each                                                               
borough.                                                                                                                        
                                                                                                                                
SENATOR  TAYLOR remarked  it is  his  understanding that  second-                                                               
class  boroughs have  limited power  for  taxing for  educational                                                               
purposes  and   that  is   all.  Asking   them  to   assume  this                                                               
responsibility may be  too much. Although he had  no objection to                                                               
providing  communities  the   opportunity  to  assume  inspection                                                               
responsibility,  he was  unsure  any would  exercise the  option.                                                               
Because  of  this, he  questioned  whether  the department  would                                                               
accomplish the six person reduction.                                                                                            
                                                                                                                                
COMMISSIONER   BALLARD  advised   Juneau,   Kenai,  Mat-Su,   and                                                               
Fairbanks  are  large  enough  to  cost  effectively  assume  the                                                               
responsibility.  They  formed  this   judgment  by  counting  the                                                               
establishments;  it is  the inspections  for those  boroughs that                                                               
generate  $513,000   in  annual   fee  income  and   require  six                                                               
inspectors. They aren't anticipating  other boroughs would become                                                               
involved  in a  locally run  program, but  the legislation  would                                                               
allow participation.                                                                                                            
                                                                                                                                
SENATOR  TAYLOR expressed  hope that  boroughs would  assume that                                                               
option and  concern in regard  to the accounting  for inspections                                                               
as they relate to business licenses.                                                                                            
                                                                                                                                
COMMISSIONER BALLARD advised Kristin  would explain the Anchorage                                                               
fee  structure and  the relationship  between a  business license                                                               
and the present program.                                                                                                        
                                                                                                                                
MS.  RYAN explained  the fee  structures are  separate. Anchorage                                                               
collects inspection  fees from food service  businesses and those                                                               
businesses apply for  a business license from the  state. That is                                                               
how she would  anticipate it would happen with  other boroughs as                                                               
well.  The   department  would  step   away  from   charging  and                                                               
collecting  the fees  because  they would  not  be providing  the                                                               
service. The borough  would have to determine how  to establish a                                                               
fee  structure and  collection process.  As Commissioner  Ballard                                                               
explained, the  program could be  inspection based or  some other                                                               
form.                                                                                                                           
                                                                                                                                
SENATOR TAYLOR noted the department  would have to track business                                                               
locations  to   determine  whether  they  were   on  the  state's                                                               
inspection list or someone else's.  Currently everyone is used to                                                               
sending their fee  to DEC. With the change,  fee collection would                                                               
be based  on a geographic  designation and some  businesses could                                                               
fall through the crack.                                                                                                         
                                                                                                                                
COMMISSIONER  BALLARD  replied  the  challenge is  real  but  the                                                               
department  is  well  capable  to handle  it  because  they  have                                                               
extensive and  daily and  intricate financial  relationships with                                                               
almost  every level  of  government and  every  community in  the                                                               
state. "While it  sounds like a complex challenge,  it's part and                                                               
parcel of what our business is."                                                                                                
                                                                                                                                
SENATOR ELTON asked  what would happen if  local government opted                                                               
not to provide inspections because  it appears that the state has                                                               
the option  of saying,  "We're not  going to do  it for  you." It                                                               
seems the  ultimate goal is  to pass the responsibility  to local                                                               
government.                                                                                                                     
                                                                                                                                
COMMISSIONER BALLARD responded, "There  are many forces colliding                                                               
at one time  on the food safety inspection program."  In the last                                                               
appropriations  bill the  Legislature made  it clear  they wanted                                                               
the  department  to step  away  from  inspections in  those  four                                                               
larger  boroughs. Because  of that  directive, the  department is                                                               
revamping the entire program to  be sure that without inspections                                                               
in  those  four  boroughs,  the  public is  still  assured  of  a                                                               
protective food safety program.                                                                                                 
                                                                                                                                
SENATOR  ELTON  observed  the  cheaper   and  easier  to  inspect                                                               
restaurants  would be  taken out  thereby leaving  the department                                                               
with the  more expensive inspections.  He cited a lodge  owner in                                                               
Idaho Inlet  who is unhappy because  he has to apply  for so many                                                               
permits. If  the department has  to inspect his food  service, it                                                               
would lose  money unless his  fees are  increased to pay  for the                                                               
inspection.                                                                                                                     
                                                                                                                                
COMMISSIONER BALLARD said they are  not assuming that inspections                                                               
are the only or even the  best way to accomplish food safety. The                                                               
lodge owner  referred to may not  have seen an inspector  and yet                                                               
that  lodge owner  probably  has a  very  remarkable food  safety                                                               
record because he has a very  high sense of responsibility to his                                                               
customers.  The department  is providing  him the  tools, through                                                               
the plan  review permit, to help  him assure that his  kitchen is                                                               
constructed so  he can easily  wash and  sanitize it, so  that he                                                               
has adequate food  preparation separation areas, and  that he has                                                               
three  sinks  so   that  when  he  is  using  a   sink  for  food                                                               
preparation,  he isn't  using  it for  dishwashing  as well.  The                                                               
department is providing him tools  and resources and they believe                                                               
they can extend  their relationship to him  through the Internet,                                                               
through the telephone,  and through passing on  best practices so                                                               
they do  not depend on  an inspection to achieve  compliance with                                                               
state  standards. The  majority of  restaurants in  the State  of                                                               
Alaska have achieved  a remarkable food safety  record without an                                                               
inspection.                                                                                                                     
                                                                                                                                
SENATOR ELTON remarked that lodge  owner probably wasn't going to                                                               
want to  talk to  the department  any more  than he  already had.                                                               
That being said,  it seems as though that lodge  owner would have                                                               
it   better   than   Bullwinkles  [Juneau   restaurant]   because                                                               
Bullwinkles would be  inspected. This would be  a two-tier system                                                               
in  which   the  remote  person  would   operate  "best  business                                                               
practices"   while  the   restaurant   in   town  would   undergo                                                               
inspections.                                                                                                                    
                                                                                                                                
COMMISSIONER BALLARD didn't  agree she said that.  If Juneau does                                                               
not assume  responsibility for a food  safety inspection program,                                                               
then Bullwinkles would  get the same care and  attention from the                                                               
department  that  the  remote lodge  owner  receives.  If  Juneau                                                               
assumes the responsibility,  there are many tools  to choose from                                                               
to achieve food safety.                                                                                                         
                                                                                                                                
SENATOR ELTON said, "So inspections are not required."                                                                          
                                                                                                                                
COMMISSIONER  BALLARD replied  the  department  is reviewing  its                                                               
food safety  program to determine  whether inspections  should be                                                               
required  and whether  they  are  the best  way  to achieve  food                                                               
safety protection.  Department records indicate  most restaurants                                                               
in the State  of Alaska have achieved a good  food safety program                                                               
without  ever  being  inspected.  The  department  has  regularly                                                               
reported through their missions and  measures that they have been                                                               
unable to  fulfill departmental  goals in  realizing inspections.                                                               
In  spite of  this, the  food safety  record is  good because  of                                                               
their plan review and restaurant  relationships. Most states have                                                               
moved beyond sole dependence on inspections.                                                                                    
                                                                                                                                
SENATOR ELTON advised  he would follow up on  his questions later                                                               
since the bill would be held in committee.                                                                                      
                                                                                                                                
SENATOR LINCOLN asked for the following at the next hearing:                                                                    
    · An accounting of both the income and costs of the                                                                         
      inspection program and a list of the first and second                                                                     
      class boroughs referred to                                                                                                
    · How the department planned to find out which borough would                                                                
      opt in or out and how many staff would be needed to make                                                                  
      that determination before the effective date that is less                                                                 
      than four months away                                                                                                     
    · How the fiscal note is zero                                                                                               
    · Whether there are fees for the aquatic farm products                                                                      
    · What the liability would be                                                                                               
                                                                                                                                
SENATOR  TAYLOR recalled  a time  when people  that lived  in the                                                               
various communities did public health  inspections. Once the duty                                                               
was moved into  DEC, small communities were no  longer given that                                                               
service  unless someone  flew out  of  Juneau. The  fees went  up                                                               
while the  service went  down. He asked  why the  state shouldn't                                                               
return to a similar system.                                                                                                     
                                                                                                                                
COMMISSIONER BALLARD admitted the level  might not be the same as                                                               
it was  before the transfer  of responsibility to DEC,  but about                                                               
15 of their 35 staff members  are located in 20 remote offices to                                                               
provide inspection and consultation  services. Since the transfer                                                               
to DEC the  number of restaurants has increased,  more people eat                                                               
out, and the state's administrative  budget has consistently been                                                               
reduced. The level of service state  agencies used to offer is no                                                               
longer available because the budget won't allow it.                                                                             
                                                                                                                                
Years ago the department implemented  a risk based prioritization                                                               
of inspection  planning so those establishments  that handled the                                                               
broadest spectrum of  food and the most  complex preparation were                                                               
the targets for  the most regular inspections.  It is responsible                                                               
of  the  Executive  Branch  to reorganize  the  program.  In  the                                                               
meantime, restaurant  owners, the  Food and  Drug Administration,                                                               
and   state  governments   have  figured   out  better   ways  to                                                               
communicate  the  principles.  Mandatory hand  washing  signs  in                                                               
bathrooms  are a  good example.  This  is something  that a  once                                                               
yearly  inspection  would  not   improve;  it  must  be  operator                                                               
accountability.                                                                                                                 
                                                                                                                                
2:50 pm                                                                                                                         
                                                                                                                                
SENATOR  TAYLOR asked  if DEC  staff is  cross-trained and  would                                                               
losing the positions impact the overall DEC mission.                                                                            
                                                                                                                                
COMMISSIONER BALLARD  said there  has been extensive  training in                                                               
the environmental health department. There  used to be a separate                                                               
food  processing and  food  management groups  and  they are  all                                                               
cross-trained now.                                                                                                              
                                                                                                                                
SENATOR ELTON  referred to  statutes 17.20.005  through 17.20.075                                                               
and  announced   they  include  labeling  and   advertisement  of                                                               
halibut, salmon, and sablefish  products, misbranding of halibut,                                                               
sale and labeling of frozen meat and fish.                                                                                      
                                                                                                                                
MS. RYAN referred to the end  of the chapter, 17.20.075, and said                                                               
it gives the  Commissioner the authority to  delegate sections or                                                               
not.  She  added, "That's  an  exact  copy  of the  ability  we'd                                                               
already given  to first  and second class  cities... And  we also                                                               
only have  the authority in our  food code to delegate.  We don't                                                               
have the  authority to  delegate our  seafood processing  code at                                                               
this time.  Although if at some  point, someone wants to  do that                                                               
we can look at doing that."                                                                                                     
                                                                                                                                
SENATOR ELTON  asked why they  are authorizing  it to be  done if                                                               
they don't plan on doing so.                                                                                                    
                                                                                                                                
No response was forthcoming and there were no further questions.                                                                
                                                                                                                                
CHAIR WAGONER announced the bill would be held in committee.                                                                    

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