HB 380: "An Act relating to the powers and duties of the commissioner of environmental conservation; relating to animals, animal products, agricultural products, and the transportation of animals and animal products; relating to the employment, appointment, and duties of a state veterinarian by the commissioner of environmental conservation; relating to the powers of the commissioner of natural resources regarding agricultural products; and providing for an effective date."
00 HOUSE BILL NO. 380 01 "An Act relating to the powers and duties of the commissioner of environmental 02 conservation; relating to animals, animal products, agricultural products, and the 03 transportation of animals and animal products; relating to the employment, 04 appointment, and duties of a state veterinarian by the commissioner of environmental 05 conservation; relating to the powers of the commissioner of natural resources regarding 06 agricultural products; and providing for an effective date." 07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 08 * Section 1. AS 03.05.011 is repealed and reenacted to read: 09 Sec. 03.05.011. Powers of commissioner of environmental conservation. (a) 10 To carry out the requirements of this title, the commissioner may 11 (1) issue orders or permits relating to or authorizing the examination, 12 inspection, testing, quarantine, or embargo of animals or animal products, or premises 13 containing or having contained animals or animal products, in order to prevent the
01 spread of pests or contagious or infectious disease; 02 (2) conduct tests, analyses, and hearings to determine whether to issue 03 an order or permit under this section; 04 (3) cooperate with federal, state, municipal, and other governmental 05 agencies regarding powers and duties under this section; 06 (4) issue orders or permits relating to or authorizing the custody, care, 07 or destruction of animals or animal products to prevent the spread of pests or 08 contagious or infectious disease; 09 (5) designate points of entry for the admission of animals or animal 10 products into the state; and 11 (6) issue orders or permits relating to, or authorizing the examination, 12 testing, or care of, animals or animal products to be transported into, within, or from 13 this state, in order 14 (A) to prevent the spread of pests or contagious or infectious 15 disease; or 16 (B) to promote safe or sanitary conditions for the animals or 17 animal products to be transported. 18 (b) The commissioner may 19 (1) charge fees for services performed by or for the state, state officers, 20 and state employees, including a state veterinarian, under this section; 21 (2) designate individuals, independently or in cooperation with federal, 22 state, municipal, or other governmental agencies, to carry out and enforce, under the 23 direction of the state veterinarian, the requirements of this title over which the 24 department has jurisdiction; and 25 (3) adopt regulations under AS 44.62 (Administrative Procedure Act) 26 to implement and interpret this section. 27 (c) Before taking custody of or destroying an animal or animal product under 28 (a)(4) of this section, or imposing a quarantine, placing an embargo, or taking another 29 action under this section that deprives a person of an animal or animal product, the 30 department shall provide for notice and an opportunity to be heard to the owner or 31 person in possession of the animal or animal product, unless the department
01 determines there is an immediate threat to the health or safety of an animal or the 02 public. 03 (d) Nothing in this section affects the authority of another agency of this state. 04 (e) In this section, 05 (1) "commissioner" means the commissioner of environmental 06 conservation; 07 (2) "department" means the Department of Environmental 08 Conservation. 09 * Sec. 2. AS 03.05 is amended by adding a new section to read: 10 Sec. 03.05.013. State veterinarian. The commissioner of environmental 11 conservation may employ or appoint a person to act as the state veterinarian to carry 12 out and enforce the requirements of this title over which the Department of 13 Environmental Conservation has jurisdiction. To be eligible for appointment as the 14 state veterinarian, a person must be licensed or otherwise legally authorized under 15 AS 08.98 to engage in the practice of veterinary medicine in the state. 16 * Sec. 3. AS 03.05.040(a) is amended to read: 17 (a) To carry out the requirements of this chapter, [ON ANY BUSINESS 18 DAY DURING THE USUAL HOURS OF BUSINESS] the commissioner or an 19 individual designated by the commissioner as an [AUTHORIZED] inspector may, 20 for the purpose of inspecting animals, animal products, agricultural products, or 21 premises containing or having contained animals, animal products, or 22 agricultural products [SUBJECT TO REGULATION], enter a storehouse, 23 warehouse, cold storage plant, packing house, slaughterhouse, retail store, or other 24 building or place where animals, animal products, or agricultural [THOSE] 25 products are or have been raised, housed, kept, stored, processed, or sold. 26 * Sec. 4. AS 03.05.050(a) is amended to read: 27 (a) An animal, animal product, or agricultural product found by the 28 commissioner, or an individual designated by the commissioner as an 29 [AUTHORIZED] inspector, to violate a regulation adopted under this chapter is 30 declared to be a public nuisance injurious to the public interest and may not be moved 31 by the person in whose possession it may be except at [UPON] the specific direction
01 of the commissioner or inspector. 02 * Sec. 5. AS 03.05.090 is amended by adding new subsections to read: 03 (b) A person who violates an order issued, a regulation adopted, a permit 04 issued, a quarantine imposed, or an embargo ordered under AS 03.05.011, or a person 05 who directs or orders a person to commit the violation, is subject to a civil fine of not 06 more than $500 for each violation. 07 (c) If the Department of Environmental Conservation issues an order 08 regarding, adopts a regulation on, issues a permit regarding, imposes a quarantine on, 09 or orders an embargo on an animal or animal product that the Department of 10 Environmental Conservation reasonably believes carries pests, a contagious disease, or 11 an infectious disease, a consignee who knowingly receives, or a carrier who 12 knowingly transports, the animal or animal product in violation of the order, 13 regulation, permit, quarantine, or embargo is subject to a civil fine of not more than 14 $500 for each violation. 15 (d) The Department of Environmental Conservation or a court of competent 16 jurisdiction may impose the fine authorized by (b) or (c) of this section. 17 (e) Each animal, animal product, or premises containing or having contained 18 animals or animal products involved in a violation described in (b) or (c) of this 19 section constitutes a separate violation under (b) and (c) of this section. Each day on 20 which a violation described in (b) or (c) of this section occurs constitutes a separate 21 violation under (b) and (c) of this section. 22 (f) In this section, "knowingly" has the meaning given in AS 11.81.900(a). 23 * Sec. 6. AS 03.05.100(1) is amended to read: 24 (1) "agricultural products" does not include fish, [OR] fisheries 25 products, animals, or animal products; 26 * Sec. 7. AS 03.05.100 is amended by adding new paragraphs to read: 27 (4) "animal" means an animal other than a human being and includes a 28 mammal, insect, bird, fish, and reptile, whether wild or domestic, and whether living 29 or dead; 30 (5) "animal product" means a product, article, or commodity 31 containing any part of an animal.
01 * Sec. 8. AS 44.46.025(a) is amended to read: 02 (a) Except as otherwise provided in AS 37.10.050 - 37.10.056, the Department 03 of Environmental Conservation may adopt regulations that prescribe reasonable fees, 04 and establish procedures for the collection of those fees, to cover the applicable direct 05 costs, not including travel except in the case of a designated regulatory service, as that 06 term is defined in AS 37.10.058, of inspections, permit preparation and administration, 07 plan review and approval, and other services provided by the department relating to 08 (1) [AGRICULTURE AND] animals and animal products under 09 AS 03.05; food, drugs, and cosmetics under AS 17.20; and public accommodations 10 and facilities under AS 18.35; 11 (2) certificates of inspection for motor vehicles under AS 46.14.400 or 12 46.14.510; 13 (3) drinking water systems under AS 46.03.720; 14 (4) water and wastewater operator training under AS 46.30; 15 (5) waste management and disposal authorizations under 16 AS 46.03.100; 17 (6) certification of laboratories conducting environmental analyses of 18 public drinking water systems or of oil or hazardous substances, or conducting other 19 analyses required by the department; 20 (7) certification of federal permits or authorizations under 33 U.S.C. 21 1341 (sec. 401, Clean Water Act); 22 (8) regulation of point source discharges of pollutants under the 23 program authorized by AS 46.03.020(12); 24 (9) regulation of pesticides and broadcast chemicals registered under 25 AS 46.03.320(a)(4), with a reasonable fee not to exceed $120; 26 (10) licensing of pesticide applicators under AS 46.03.320(b), with a 27 reasonable fee not to exceed $25. 28 * Sec. 9. AS 03.05.020, 03.05.060, 03.05.080; AS 03.25.010, 03.25.020, 03.25.250; 29 AS 03.45.040, 03.45.050, 03.45.060, 03.45.070, 03.45.080; and AS 03.53.010 are repealed. 30 * Sec. 10. The uncodified law of the State of Alaska is amended by adding a new section to 31 read:
01 TRANSITIONAL PROVISIONS: REGULATIONS. The Department of 02 Environmental Conservation and the Department of Natural Resources may proceed to adopt 03 regulations necessary to implement the changes in this Act. The regulations take effect under 04 AS 44.62 (Administrative Procedure Act), but not before the effective date of the law 05 implemented by the regulation. 06 * Sec. 11. Section 10 of this Act takes effect immediately under AS 01.10.070(c). 07 * Sec. 12. Except as provided in sec. 11 of this Act, this Act takes effect July 1, 2006.