SB 34: "An Act prohibiting under the Alaska Food, Drug, and Cosmetic Act the knowing sale of irradiated food; authorizing embargo and detention remedies in the case of a violation of the prohibition against the sale of irradiated food; and making the commissioner of environmental conservation responsible for enforcing the prohibition."
00SENATE 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.