00 SENATE BILL NO. 34                                                                                                      
01 "An Act prohibiting under the Alaska Food, Drug, and Cosmetic Act the knowing                                           
02 sale of irradiated food; authorizing embargo and detention remedies in the case                                         
03 of a violation of the prohibition against the sale of irradiated food; and making                                       
04 the commissioner of environmental conservation responsible for enforcing the                                            
05 prohibition."                                                                                                           
06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
07    * Section 1.  AS 17.20.230 is amended by adding a new subsection to read:                                            
08  (c)  If the commissioner of environmental conservation finds or has probable                                          
09 cause to believe that a person is violating AS 17.20.290(d), the commissioner may                                       
10 affix to the food that is the subject of the violation a tag or other appropriate marking                               
11 that gives notice that the food may not be sold and warning all persons not to remove                                   
12 or dispose of the food until permission for removal or disposal is given by the                                         
13 commissioner or a court.  A person may not remove or dispose of the detained or                                         
14 embargoed food without this permission.                                                                                 
01    * Sec. 2.  AS 17.20.290(b) is amended to read:                                                                       
02  (b) The commissioner of environmental conservation or a designee of the                                               
03 commissioner is responsible for enforcing the provisions of [PARAGRAPHS] (a)(1),                                        
04 (2), (3), (4), (6), (7), (8), (9), and (10) of this section, if the subject of the prohibited                           
05 act involves food or cosmetics, and the provisions of [PARAGRAPH] (a)(12) and (d)                                     
06 of this section.  This subsection does not limit the authority of peace officers.                                       
07    * Sec. 3.  AS 17.20.290 is amended by adding a new subsection to read:                                               
08  (d)  The knowing sale of irradiated food is prohibited, unless irradiated food                                        
09 is required by a physician for medical purposes.                                                                        
10    * Sec. 4.  AS 17.20.370 is amended by adding a new paragraph to read:                                                
11   (15)  "irradiated food" means food that has been treated with gamma                                                  
12 radiation or other ionizing radiation; "irradiated food" does not include spices that have                              
13 been irradiated or food that contains spices that have been irradiated unless there are                                 
14 other irradiated ingredients in the food.