00CS FOR SENATE BILL NO. 139(RES)                                                                                       
01 "An Act relating to the labeling of farmed fish and fisheries products."                                                
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                               
03    * Section 1.  AS 17.20.040 is amended by adding a new paragraph to read:                                           
04   (13)  it does not comply with the identification requirements of                                                     
05 AS 17.20.048.                                                                                                           
06    * Sec. 2.   AS 17.20 is amended by adding a new section to read:                                                   
07  Sec. 17.20.048.  Identification of farmed fish and fisheries products.  (a)                                         
08 In addition to the identification requirements for farmed salmon products under                                         
09 AS 17.20.040(12) and frozen fish under AS 17.20.044, a person who regularly engages                                     
10 in the business of selling at retail fish or fisheries products as food may not sell                                    
11 farmed fish or fisheries products as food in the state unless the fish or fisheries                                     
12 products are labeled as "farmed" or, if the fish or fisheries products are not packaged,                                
13 unless the fish or fisheries products are conspicuously identified as "farmed".                                         
14  (b)  In this section,                                                                                                 

01   (1)  "farmed" means propagated or cultivated in a facility that grows or                                             
02 cultivates the fish or fisheries products in captivity or under positive control but that                               
03 is not a salmon hatchery that is owned by the state or that holds a salmon hatchery                                     
04 permit under AS 16.10.400; "farmed" does not include propagated or cultivated in the                                    
05 state by mariculture; in this paragraph, "positive control" has the meaning given in                                    
06 AS 16.40.199;                                                                                                           
07   (2)  "fish or fisheries products" has the meaning given in AS 17.20.370,                                             
08 but does not include food that contains other ingredients than the fish or fisheries                                    
09 products; in this paragraph, "other ingredients" does not include water, oil, salt, or                                  
10 preservatives used in canning or otherwise preserving fish or fisheries products;                                       
11   (3)  "person" does not include an employee while acting in the capacity                                              
12 of an employee of a business that sells the fish or fisheries products, unless the                                      
13 employee also owns 10 percent or more of the business;                                                                  
14   (4)  "selling at retail" includes selling by a restaurant or other place                                             
15 where food is prepared and consumed.