Legislature(2001 - 2002)
04/10/2002 01:10 PM House RES
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ALASKA STATE LEGISLATURE
HOUSE RESOURCES STANDING COMMITTEE
April 10, 2002
1:10 p.m.
MEMBERS PRESENT
Representative Beverly Masek, Co-Chair
Representative Drew Scalzi, Co-Chair
Representative Mike Chenault
Representative Lesil McGuire
Representative Gary Stevens
Representative Beth Kerttula
MEMBERS ABSENT
Representative Hugh Fate, Vice Chair
Representative Joe Green
Representative Mary Kapsner
COMMITTEE CALENDAR
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."
- MOVED CSHB 432(RES) OUT OF COMMITTEE
PREVIOUS ACTION
BILL: HB 432
SHORT TITLE:AGRICULT. PROG.COORDINATOR/ANIMAL FEED
SPONSOR(S): REPRESENTATIVE(S)HARRIS
Jrn-Date Jrn-Page Action
02/15/02 2285 (H) READ THE FIRST TIME -
REFERRALS
02/15/02 2285 (H) RES, FIN
04/03/02 (H) RES AT 1:00 PM CAPITOL 124
04/03/02 (H) Heard & Held
04/03/02 (H) MINUTE(RES)
04/10/02 (H) RES AT 1:00 PM CAPITOL 124
WITNESS REGISTER
PETER FELLMAN, Staff
to Representative John Harris
Alaska State Legislature
Capitol Building, Room 513
Juneau, Alaska 99801
POSITION STATEMENT: Explained changes in CSHB 432, Version J,
on behalf of Representative Harris, sponsor.
ROBERT WELLS, Director
Division of Agriculture
Department of Natural Resources (DNR)
1800 Glenn Highway, Suite 12
Palmer, Alaska 99645-6736
POSITION STATEMENT: Answered questions on CSHB 432, Version J,
and the new position proposed in the fiscal note.
ACTION NARRATIVE
TAPE 02-28, SIDE A
Number 0001
CO-CHAIR BEVERLY MASEK called the House Resources Standing
Committee meeting to order at 1:10 p.m. Representatives Masek,
Scalzi, McGuire, Chenault, Stevens, and Kerttula were present at
the call to order.
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.
ADJOURNMENT
There being no further business before the committee, the House
Resources Standing Committee meeting was adjourned at 1:27 p.m.
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