00                            HOUSE BILL NO. 202                                                                          
01 "An Act relating to the sale of food products by the producer to the consumer."                                         
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
03    * Section 1. AS 17.20 is amended by adding a new section to read:                                                  
04            Sec. 17.20.355. Sale of food products by producers to consumers. (a) A                                     
05       producer may sell a food product to a consumer under this section if                                              
06                 (1)  the producer owned the source of the food product before the                                       
07       source of the food product was harvested, slaughtered, or processed;                                              
08                 (2)  a person other than the producer or consumer is not a part of, or an                               
09       agent for, the sale or involved in the processing of the raw ingredients for the food                             
10       product; this paragraph does not prohibit a producer's employee or another individual                             
11       who is operating under the direct supervision of the producer from assisting the                                  
12       producer in the production, processing, or sales of food products; in this paragraph,                             
13       being part of a sale includes transporting the product;                                                           
14                 (3)  the consumer to whom the food product is sold is the intended                                      
15       consumer of the product, and the product is not intended to be resold or to be provided                           

01       generally to the public;                                                                                          
02                 (4)  the total dollar amount of the gross sales of food products the                                    
03       producer sells in one calendar year does not exceed $200,000; and                                                 
04                 (5)  the producer complies with the other requirements established for                                  
05       the producer under this section.                                                                                  
06            (b)  At the point of sale of a food product under this section, a producer shall                             
07       provide the consumer with a card that states the following: "This product has not been                            
08       inspected by any governmental agency and may be harmful to your health."                                          
09            (c)  A producer may maintain a sales log for all sales under this section. The                               
10       sales log may include the consumer's name, the consumer's physical address, the                                   
11       consumer's mailing address, the consumer's electronic mailing address, if any, the                                
12       name of the product sold, and the quantity of the food products sold.                                             
13            (d)  Notwithstanding any other provision of this title or AS 03 to the contrary,                             
14       the sale of a food product under this section is not subject to other regulation, testing,                        
15       inspection, penalties, or enforcement by the Department of Environmental                                          
16       Conservation or the Department of Natural Resources.                                                              
17            (e)  The Department of Environmental Conservation may produce                                                
18       informational material for each food product sold under this section.                                             
19            (f)  In this section,                                                                                        
20                 (1)  "consumer" means an individual who enters into a transaction for                                   
21       personal, family, or household purposes;                                                                          
22                 (2)  "food product" means a product used as food or drink for a human                                   
23       being;                                                                                                            
24                 (3) "producer" means a person who grows, raises, or produces food.