HB 532: "An Act relating to the powers and duties of the Department of Environmental Conservation, to barbers, hairdressers, estheticians, manicurists, tattooers, permanent cosmetic colorists, body piercers, and their establishments, to the licensure of child care facilities, to food establishments, to cosmetics, to tourist camps, trailer camps, motor courts, and motels, to restrooms, to smoking in public facilities, to public health nuisances, to sanitation and sanitary practices, to camps and canneries, to schools, to soft drink establishments, to beer and wine dispensaries, to other establishments, and to commercially compressed air; and providing for an effective date."
00 HOUSE BILL NO. 532 01 "An Act relating to the powers and duties of the Department of Environmental 02 Conservation, to barbers, hairdressers, estheticians, manicurists, tattooers, permanent 03 cosmetic colorists, body piercers, and their establishments, to the licensure of child care 04 facilities, to food establishments, to cosmetics, to tourist camps, trailer camps, motor 05 courts, and motels, to restrooms, to smoking in public facilities, to public health 06 nuisances, to sanitation and sanitary practices, to camps and canneries, to schools, to 07 soft drink establishments, to beer and wine dispensaries, to other establishments, and to 08 commercially compressed air; and providing for an effective date." 09 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 10 * Section 1. AS 08.01.065(c) is amended to read: 11 (c) Except as provided in (f) and (g) [(f) - (h)] of this section, the department 12 shall establish fee levels under (a) of this section so that the total amount of fees
01 collected for an occupation approximately equals the actual regulatory costs for the 02 occupation. The department shall annually review each fee level to determine whether 03 the regulatory costs of each occupation are approximately equal to fee collections 04 related to that occupation. If the review indicates that an occupation's fee collections 05 and regulatory costs are not approximately equal, the department shall calculate fee 06 adjustments and adopt regulations under (a) of this section to implement the 07 adjustments. In January of each year, the department shall report on all fee levels and 08 revisions for the previous year under this subsection to the office of management and 09 budget. If a board regulates an occupation covered by this chapter, the department 10 shall consider the board's recommendations concerning the occupation's fee levels and 11 regulatory costs before revising fee schedules to comply with this subsection. In this 12 subsection, "regulatory costs" means costs of the department that are attributable to 13 regulation of an occupation plus 14 (1) all expenses of the board that regulates the occupation if the board 15 regulates only one occupation; 16 (2) the expenses of a board that are attributable to the occupation if the 17 board regulates more than one occupation. 18 * Sec. 2. AS 08.13.030(c) is amended to read: 19 (c) The board may 20 (1) suspend or revoke a license or permit; 21 (2) on its own motion or upon receipt of a written complaint, conduct 22 hearings and request the Department of Community and Economic Development [OR 23 THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION] to investigate 24 the practices of a person, shop, or school involved in the practice or teaching of 25 barbering, hairdressing, manicuring, esthetics, body piercing, or tattooing and 26 permanent cosmetic coloring; 27 (3) adopt regulations or do any act necessary to carry out the 28 provisions of this chapter. 29 * Sec. 3. AS 08.13.120 is amended to read: 30 Sec. 08.13.120. Shop license. (a) The board shall adopt regulations for the 31 licensing of shops. [THE REGULATIONS MUST REQUIRE THAT A SHOP FOR
01 TATTOOING AND PERMANENT COSMETIC COLORING OR FOR BODY 02 PIERCING BE INSPECTED AND CERTIFIED BY THE DEPARTMENT OF 03 ENVIRONMENTAL CONSERVATION AS BEING IN COMPLIANCE WITH THE 04 REGULATIONS ADOPTED UNDER AS 44.46.020 BEFORE A SHOP LICENSE 05 MAY BE ISSUED UNDER THIS SUBSECTION.] A shop owner shall be licensed to 06 operate a shop without examination, but, unless the shop owner is a practitioner, the 07 shop owner may not conduct business without employing a manager who is a 08 practitioner. This subsection does not apply to a shop for the practice of barbering, 09 hairdressing, or esthetics located in a community having a population of less than 10 1,000 people that is not within 25 miles of a community of more than 1,000 people. 11 (b) The regulations adopted under (a) of this section must include provisions 12 under which the board may issue a temporary shop license to a person who has a 13 license or temporary permit under this chapter to practice tattooing and permanent 14 cosmetic coloring or to practice body piercing. The temporary shop license authorized 15 under this subsection may only be issued to cover a site where the practitioner intends 16 to hold a workshop or to demonstrate techniques as part of a convention or other 17 special event, as defined by the board, that includes other practitioners of tattooing and 18 permanent cosmetic coloring or body piercing. Each practitioner of tattooing and 19 permanent cosmetic coloring or body piercing who holds a workshop or demonstrates 20 techniques at a convention or special event shall have a separate temporary shop 21 license and a license or temporary permit under this chapter to practice tattooing and 22 permanent cosmetic coloring or body piercing. The board shall issue a temporary 23 shop license upon receipt of an application from a practitioner demonstrating 24 compliance with the regulations adopted under this section and payment of the 25 appropriate fee [; HOWEVER, THE TEMPORARY SHOP LICENSE MAY BE 26 SUMMARILY REVOKED, WITHOUT REFUNDING OF THE FEE, IF THE 27 DEPARTMENT OF ENVIRONMENTAL CONSERVATION DETERMINES 28 AFTER AN INSPECTION THAT THE CLEANLINESS OR SANITATION 29 CONDITIONS AT THE SITE COVERED BY THE TEMPORARY LICENSE POSE 30 A CLEAR AND IMMEDIATE DANGER TO THE PUBLIC HEALTH OR 31 SAFETY. A LICENSEE MAY APPEAL A SUMMARY REVOCATION UNDER
01 THIS SUBSECTION TO THE SUPERIOR COURT]. 02 * Sec. 4. AS 08.13.150 is amended to read: 03 Sec. 08.13.150. Disciplinary sanctions and grounds for refusal of a license 04 or permit. The board may, in addition to the actions authorized under AS 08.01.075, 05 refuse, suspend, or revoke a license, student permit, temporary license, or temporary 06 permit for failure to comply with this chapter, with a regulation adopted under this 07 chapter, [WITH A REGULATION ADOPTED BY THE DEPARTMENT OF 08 ENVIRONMENTAL CONSERVATION UNDER AS 44.46.020,] or with an order of 09 the board. 10 * Sec. 5. AS 08.13.215(c), added by sec. 24, ch. 93, SLA 2000, is amended to read: 11 (c) The owner of a shop for tattooing and permanent cosmetic coloring or for 12 body piercing shall prominently display 13 (1) a copy of the statement provided by the board under 14 AS 08.13.030(b) that advises the public of the health risks and possible consequences 15 of tattooing and permanent cosmetic coloring or body piercing, as applicable; 16 (2) the names, addresses, and telephone numbers of the division of 17 occupational licensing in the [,] Department of Community and Economic 18 Development, [AND THE DEPARTMENT OF ENVIRONMENTAL 19 CONSERVATION] and a description of how a complaint about the shop or a 20 practitioner in the shop may be filed with the Department of Community and 21 Economic Development [EITHER ENTITY] or with the board. 22 * Sec. 6. AS 14.37.040(b) is amended to read: 23 (b) An application submitted under this section must contain at least the 24 following information: 25 (1) the name and address of the applicant and, if the applicant is a 26 corporation, partnership, association, or another form of organization, the name, 27 address, and title of each individual who has an ownership or management interest in 28 the facility; if the applicant is an individual, the application must include the name, 29 age, and driver's license number, if any, of each member of the individual's household; 30 (2) the name, physical location, and mailing address of the facility for 31 which the license is sought;
01 (3) the name and address of the administrator of the facility, if any; 02 (4) evidence that the administrator is an adult with sufficient 03 experience, training, or education to fulfill the duties of an administrator; 04 (5) a release for the administrator and for each other person who is 16 05 years of age or older, as specified by the department by regulation, who will have 06 contact with individuals served by the facility authorizing the department to review all 07 federal, state, and municipal criminal justice information, whether of this state, of a 08 municipality of this state, or of another jurisdiction, medical records, licensing records, 09 and protective services records, identified in regulations adopted under this chapter, 10 that are relevant to the person who is the subject of the release; 11 (6) the number of individuals that will be served in the facility; 12 (7) the type of facility for which the license is sought; 13 (8) copies of all inspection reports and approvals required by state fire 14 prevention and [ENVIRONMENTAL HEALTH AND] safety authorities for operation 15 of the facility, including any variances granted by these authorities; 16 (9) a plan of operation, as required by the department by regulation; 17 (10) a staffing plan that describes the number of people who will work 18 at the facility, staff qualifications, a description of each person's responsibilities, and a 19 supervision schedule for the children in care that meets the requirements established 20 by the department by regulation; 21 (11) evidence that the applicant has completed orientation or training 22 required by the department by regulation; and 23 (12) other information required by the department, by regulation, in 24 order to monitor compliance with this chapter and regulations adopted under this 25 chapter. 26 * Sec. 7. AS 17.20.005 is amended by adding a new subsection to read: 27 (b) Notwithstanding any other provision of this chapter, the powers listed in 28 (a) of this section or granted to the commissioner or department under this chapter 29 may not be exercised by the commissioner or department with regard to 30 establishments that sell or serve food at retail or that sell food at wholesale. 31 * Sec. 8. AS 17.20.150 is amended to read:
01 Sec. 17.20.150. Misbranded cosmetics. A cosmetic is misbranded if 02 (1) its labeling is false or misleading in any particular; 03 (2) it is in package form unless it bears a label containing (A) the name 04 and place of business of the manufacturer, packer, or distributor; and (B) an accurate 05 statement of the quantity of the contents in terms of weight, measure, or numerical 06 count; however, under (B) of this paragraph, reasonable variations shall be permitted [, 07 AND EXEMPTIONS AS TO SMALL PACKAGES SHALL BE ESTABLISHED BY 08 REGULATIONS ADOPTED BY THE DEPARTMENT]; 09 (3) a word, statement, or other information required by or under 10 authority of this chapter to appear on the label or labeling is not prominently placed on 11 it with conspicuousness as compared with other words, statements, designs, or 12 devices, in the labeling, and in terms that [WHICH] make it likely to be read and 13 understood by the ordinary individual under customary conditions of purchase and 14 use; 15 (4) its container is made, formed, or filled so as to be misleading. 16 * Sec. 9. AS 17.20.152 is repealed and reenacted to read: 17 Sec. 17.20.152. Enforcement authority. A peace officer may enforce 18 AS 17.20.140 - 17.20.155. 19 * Sec. 10. AS 17.20.200(a) is amended to read: 20 (a) The commissioner of environmental conservation or an agent shall have 21 free access at reasonable hours to a factory, warehouse, or establishment in which 22 foods [OR COSMETICS] are manufactured, processed, packed, or held for 23 introduction into commerce, to enter a vehicle being used to transport or hold these 24 foods [OR COSMETICS] in commerce, or to an aquatic farm in order to 25 (1) inspect a factory, warehouse, establishment, vehicle, or aquatic 26 farm to determine if the provisions of the commissioner's respective portions of this 27 chapter are being violated; and 28 (2) secure samples or specimens of a food or [,] aquatic farm product 29 [, OR COSMETIC]. 30 * Sec. 11. AS 17.20.200(c) is amended to read: 31 (c) The commissioner of health and social services has the same powers and
01 duties with respect to drugs and devices as the commissioner of environmental 02 conservation has with respect to food [AND COSMETICS] under (a) and (b) of this 03 section. 04 * Sec. 12. AS 17.20.220(b) is amended to read: 05 (b) The commissioner of environmental conservation may have disseminated 06 information regarding food that [AND COSMETICS WHICH] the commissioner 07 considers necessary in the interest of public health and the protection of the consumer 08 against fraud. This section does not prohibit the commissioner from collecting, 09 reporting, and illustrating the results of the commissioner's investigations. 10 * Sec. 13. AS 17.20.220(c) is amended to read: 11 (c) The commissioner of health and social services has the same power with 12 respect to drugs and devices as the commissioner of environmental conservation has 13 with respect to food [AND COSMETICS] under (b) of this section. 14 * Sec. 14. AS 17.20.230(b) is amended to read: 15 (b) The commissioner of health and social services has the same duty with 16 respect to drugs and devices as the commissioner of environmental conservation has 17 with respect to food [AND COSMETICS] under (a) of this section. 18 * Sec. 15. AS 17.20.270 is amended to read: 19 Sec. 17.20.270. Immediate destruction of contaminated food. Meat, 20 seafood, poultry, vegetable, fruit, or other perishable article in any room, building, 21 vehicle of transportation, or other structure which is unsound, or contains filthy, 22 decomposed, or putrid substance, or a substance that may be poisonous or deleterious 23 to health or otherwise unsafe, is a nuisance. Except as provided in AS 17.20.005(b), 24 whenever [WHENEVER] the commissioner of environmental conservation finds such 25 an article, the commissioner shall immediately condemn or destroy it or in any other 26 manner render it unsalable as human food. 27 * Sec. 16. AS 17.20.290(b) is amended to read: 28 (b) The commissioner of environmental conservation or a designee of the 29 commissioner is responsible for enforcing the provisions of [PARAGRAPHS] (a)(1), 30 (2), (3), (4), (6), (7), (8), (9), and (10) of this section, if the subject of the prohibited 31 act involves food [OR COSMETICS, AND THE PROVISIONS OF PARAGRAPH
01 (a)(12) OF THIS SECTION]. This subsection does not limit the authority of peace 02 officers. 03 * Sec. 17. AS 18.35.200 is amended by adding a new subsection to read: 04 (b) In (a) of this section, 05 (1) "public facilities" means recreation camps, picnic areas, theaters, 06 places of entertainment, churches, fair buildings, and places with permanent facilities 07 for public use; 08 (2) "special events" means events involving public gathering and 09 includes athletic and sporting events where the public congregates, including dog sled 10 racing, horse racing, snowmobile races, skiing events, salmon derbies, and other 11 activities. 12 * Sec. 18. AS 18.35.343 is amended to read: 13 Sec. 18.35.343. Injunctions. An [THE COMMISSIONER OR ANY] 14 affected party may institute an action in the superior court to enjoin repeated violations 15 of AS 18.35.300, 18.35.305, or 18.35.330. 16 * Sec. 19. AS 44.46.025(a) is amended to read: 17 (a) Except as otherwise provided in AS 37.10.050 - 37.10.056, the Department 18 of Environmental Conservation may adopt regulations that prescribe reasonable fees, 19 and establish procedures for the collection of those fees, to cover the applicable direct 20 costs, not including travel except in the case of a designated regulatory service, as that 21 term is defined in AS 37.10.058, of inspections, permit preparation and administration, 22 plan review and approval, and other services provided by the department relating to 23 (1) agriculture and animals under AS 03.05 and [;] food and [,] drugs 24 [, AND COSMETICS] under AS 17.20; [AND PUBLIC ACCOMMODATIONS 25 AND FACILITIES UNDER AS 18.35;] 26 (2) certificates of inspection for motor vehicles under AS 46.14.400 or 27 46.14.510; 28 (3) sewerage system and treatment works and wastewater disposal 29 systems, and drinking water systems, under AS 46.03.720; 30 (4) water and wastewater operator training under AS 46.30; 31 (5) control of solid waste facilities under AS 46.03.020(10) and
01 46.03.100; 02 (6) certification of laboratories conducting environmental analyses of 03 public drinking water systems or of oil or hazardous substances, or conducting other 04 analyses required by the department; 05 (7) certification of federal permits or authorizations under 33 U.S.C. 06 1341 (sec. 401, Clean Water Act). 07 * Sec. 20. AS 44.46.025(d) is amended to read: 08 (d) Notwithstanding (a) of this section, the department may not charge a fee 09 for inspection, permit preparation and administration, plan review and approval, or 10 other services provided by the department under AS 03.05 [OR AS 44.46.020(5)] to a 11 school. In this subsection, "school" means a public school or private school for 12 children of school age, as defined in AS 14.03.070, or a head start center that receives 13 federal financial assistance under 42 U.S.C. 9835. 14 * Sec. 21. AS 08.01.065(h); AS 08.13.210; AS 17.20.155; AS 18.35.010, 18.35.020, 15 18.35.030, 18.35.040, 18.35.050, 18.35.060, 18.35.070, 18.35.080, 18.35.090, 18.35.120, 16 18.35.220, 18.35.230(1), 18.35.230(2), 18.35.230(5), 18.35.330(d), 18.35.340, 18.35.341(b), 17 18.35.350, 18.35.355; AS 44.46.020(5); and AS 44.62.330(a)(30) are repealed. 18 * Sec. 22. AS 08.13.215(c), amended by sec. 5 of this Act, takes effect on the effective date 19 of AS 08.13.215 under sec. 35(a), ch. 93, SLA 2000. 20 * Sec. 23. Except as provided in sec. 22 of this Act, this Act takes effect July 1, 2002.