HB 217: "An Act relating to the Alaska Food, Drug, and Cosmetic Act; relating to the sale of milk, milk products, raw milk, and raw milk products; and providing for an effective date."
00 HOUSE BILL NO. 217 01 "An Act relating to the Alaska Food, Drug, and Cosmetic Act; relating to the sale of 02 milk, milk products, raw milk, and raw milk products; and providing for an effective 03 date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 17.20.005 is amended to read: 06 Sec. 17.20.005. Powers and duties of commissioner. To carry out the 07 requirements of this chapter, the commissioner may issue orders, regulations, permits, 08 quarantines, and embargoes relating to 09 (1) food offered to the public or sold, including 10 (A) inspection of meat, fish, poultry, and other food products; 11 (B) standards of sanitation and handling methods for all phases 12 of slaughtering, processing, storing, transporting, displaying, and selling; 13 (C) labeling; and 14 (D) the training, testing, and certification requirements for
01 individuals who handle or prepare food, their supervisors, and their employers 02 to ensure their knowledge of food safety and sanitation principles and 03 requirements; 04 (2) control and eradication of pests; 05 (3) enforcement of hazard analysis critical control point programs for 06 seafood processing that are developed in cooperation with appropriate industry 07 representatives or, to the extent not inconsistent with this chapter or regulations 08 adopted under the authority of this chapter, that are established by regulations of the 09 United States Food and Drug Administration as they may periodically be revised; 10 (4) labeling, subject to AS 17.20.013 and 17.20.015, and grading of 11 milk and milk products and standards of sanitation for dairies offering to the public or 12 selling milk or milk products to at least the minimum of current recommendations of 13 the United States Public Health Service pasteurized milk ordinance as it may 14 periodically be revised, subject to AS 17.20.015; 15 (5) standards and conditions for the operation and siting of aquatic 16 farms and related hatcheries, including 17 (A) restrictions on the use of chemicals; and 18 (B) requirements to protect the public from contaminated 19 aquatic farm products that pose a risk to health; 20 (6) monitoring aquatic farms and aquatic farm products to ensure 21 compliance with this chapter and, to the extent not inconsistent with this chapter or 22 regulations adopted under the authority of this chapter, with the requirements of the 23 national shellfish sanitation program manual of operations published by the United 24 States Food and Drug Administration as it may periodically be revised; 25 (7) tests and analyses that may be made and hearings that may be held 26 to determine whether the commissioner will issue a stop order or quarantine; 27 (8) transportation of, use of, disposal of, recalls of, or warnings 28 concerning quarantined or embargoed items; 29 (9) cooperation with federal and other state agencies. 30 * Sec. 2. AS 17.20 is amended by adding a new section to read: 31 Sec. 17.20.015. Sale of raw milk products. (a) A person that complies with
01 any state requirements for the sale of raw milk that do not conflict with this section 02 may sell a raw milk product to a final consumer if the principal display panel on the 03 raw milk product prominently states that the raw milk product is not pasteurized and 04 may cause health concerns. 05 (b) This section does not apply to a sale that is governed by federal law. 06 (c) In this section, 07 (1) "raw milk" means milk that is not pasteurized; 08 (2) "raw milk product" means raw milk or a product or byproduct of 09 raw milk. 10 * Sec. 3. AS 17.20 is amended by adding a new section to article 7 to read: 11 Sec. 17.20.335. Exemptions. (a) Except as otherwise provided under this 12 section, the licensing, permitting, certification, packaging, and inspection requirements 13 under this chapter or regulations adopted under this chapter do not apply to a food 14 product that 15 (1) is sold directly by the producer to the end consumer; 16 (2) is only for home consumption; 17 (3) occurs only in the state; 18 (4) does not involve interstate commerce; and 19 (5) does not involve the sale of meat products, except for 20 (A) poultry and poultry products; 21 (B) live animals intended for slaughter; 22 (C) portions of animals for future delivery if the purchaser or a 23 processing facility licensed by the state or a federal agency processes the 24 animals. 25 (b) If a food product exempt under (a) of this section is not processed, 26 prepared, or packaged in a permitted, approved, or inspected facility, the producer of 27 the food product shall conspicuously display to consumers the statement "THESE 28 PRODUCTS ARE NOT SUBJECT TO STATE REGULATION"; to comply with this 29 subsection, the statement must be 30 (1) set out on a card, placard, or sign that is conspicuously posted at 31 the point of sale; or
01 (2) conspicuously displayed on the label of each food product that is 02 packaged. 03 (c) Notwithstanding an exemption under (a) of this section, the Department of 04 Environmental Conservation may inspect or investigate food when investigating a 05 food-borne illness. 06 (d) A food product exempt under (a) of this section is subject to AS 17.20.044 07 - 17.20.048.