CSHB 432(RES): "An Act relating to the labeling of animal and poultry feeds and to the agriculture program coordinator; relating to the sale, offer for sale, representation, and labeling of food or other agricultural products as organic; relating to the state organic certification program; and providing for an effective date."
00 CS FOR HOUSE BILL NO. 432(RES) 01 "An Act relating to the labeling of animal and poultry feeds and to the agriculture 02 program coordinator; relating to the sale, offer for sale, representation, and labeling of 03 food or other agricultural products as organic; relating to the state organic certification 04 program; and providing for an effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 03.05.010(a) is amended by adding a new paragraph to read: 07 (7) adopt regulations under AS 44.62 (Administrative Procedure Act) 08 establishing requirements for the labeling of animal and poultry feeds that are 09 compatible with federal law. 10 * Sec. 2. AS 03.58.010 is repealed and reenacted to read: 11 Sec. 03.58.010. Prohibition. A person may not sell, offer for sale, represent, 12 or label a raw or processed agricultural product, including ingredients, as "organic" 13 unless the product has been produced, handled, and certified under 7 U.S.C. 6501 - 14 6522, as amended, or under the state organic certification program established under
01 AS 03.58.015. 02 * Sec. 3. AS 03.58 is amended by adding a new section to read: 03 Sec. 03.58.015. State organic certification program. (a) The department 04 may establish a state organic certification program for producers and handlers of 05 agricultural products within the state that meets the requirements for approval under 7 06 U.S.C. 6501 - 6522, as amended. 07 (b) The department may apply under 7 U.S.C. 6514, as amended, for 08 accreditation as a certifying agent under 7 U.S.C. 6501 - 6522, as amended. 09 * Sec. 4. AS 03.58.050 is amended to read: 10 Sec. 03.58.050. Regulations. The department may adopt regulations under 11 AS 44.62 (Administrative Procedure Act) to carry out this chapter, including 12 regulations to establish reasonable fees for services provided by the department 13 [A REGULATION THAT LISTS AND PERIODICALLY UPDATES 14 SUBSTANCES UNDER AS 03.58.010(a)]. 15 * Sec. 5. AS 03.58.060(b) is amended to read: 16 (b) If a person violates this chapter or [,] a regulation adopted under this 17 chapter, [OR AN ORDER ISSUED UNDER (a) OF THIS SECTION,] the person is 18 liable to the state for 19 (1) [LIABLE TO THE STATE FOR] a civil fine established by the 20 department by regulation [THAT DOES NOT EXCEED THE TOTAL OF $1,000] 21 plus the state's estimated costs of investigating and taking appropriate administrative 22 and enforcement actions for the violation, including attorney fees; 23 (2) [LIABLE TO THE STATE FOR] an additional civil penalty of 24 three times the value of the product knowingly sold in violation of this chapter. 25 * Sec. 6. AS 03.58.060(c) is amended to read: 26 (c) The provisions of this section are in addition to the remedies available 27 under AS 45.50.471 - 45.50.561 and federal statute and regulation. 28 * Sec. 7. AS 03.58 is amended by adding a new section to read: 29 Sec. 03.58.065. Applicability. This chapter does not apply to meat, fish, or 30 poultry. 31 * Sec. 8. AS 03.60 is amended by adding a new section to read:
01 Sec. 03.60.006. Agriculture program coordinator. The commissioner shall 02 appoint an agriculture program coordinator. The agriculture program coordinator is in 03 the classified service. The coordinator has the following responsibilities: 04 (1) to carry out the provisions of AS 03.58 (organic foods); 05 (2) to facilitate and monitor the production and sale of organic foods in 06 the state; 07 (3) to seek funding through grants and cooperative efforts with other 08 agencies for organic foods programs and weed management programs in the state; 09 (4) to control and eradicate the spread of obnoxious weeds as required 10 under AS 44.37.030(5); 11 (5) to exercise the powers under AS 03.05.010 that relate to the 12 management of noxious or invasive plant species; 13 (6) to develop and distribute educational materials focused on 14 increasing public awareness of problems associated with noxious or invasive plant 15 species and to help control those species; 16 (7) to collect and maintain data on noxious and invasive plant species 17 and to coordinate state, federal, local, and private management efforts; 18 (8) to assist in developing and supporting plant management areas and 19 chemical and integrated pest management programs to control noxious and invasive 20 plant species; and 21 (9) to enforce the requirements for labeling animal and poultry feeds 22 adopted under AS 03.05.010(a)(7). 23 * Sec. 9. AS 03.58.030(b) and AS 03.58.070 are repealed. 24 * Sec. 10. The uncodified law of the State of Alaska is amended by adding a new section to 25 read: 26 TRANSITION: REGULATIONS. The Department of Natural Resources may 27 proceed to adopt regulations to implement the changes made by secs. 2 - 7 and 9 of this Act. 28 The regulations take effect under AS 44.62 (Administrative Procedure Act), but not before the 29 effective date of secs. 2 - 7 and 9 of this Act. 30 * Sec. 11. The uncodified law of the State of Alaska is amended by adding a new section to 31 read:
01 REVISOR'S INSTRUCTION. The revisor of statutes is instructed to change the 02 heading of AS 03.58 from "Sale of Organic Foods" to "Organic Food and Agricultural 03 Products." 04 * Sec. 12. Section 10 of this Act takes effect immediately under AS 01.10.070(c). 05 * Sec. 13. Sections 1 and 8 of this Act take effect July 1, 2002.