CSHB 217(RES): "An Act relating to civil liability for risks inherent in farm touring; relating to the state and municipal procurement preferences for agricultural products harvested in the state and fisheries products harvested or processed in the state; relating to merchandise sold and certain fees charged or collected by the Department of Natural Resources; relating to the Alaska Food, Drug, and Cosmetic Act; and providing for an effective date."
00 CS FOR HOUSE BILL NO. 217(RES) 01 "An Act relating to civil liability for risks inherent in farm touring; relating to the state 02 and municipal procurement preferences for agricultural products harvested in the state 03 and fisheries products harvested or processed in the state; relating to merchandise sold 04 and certain fees charged or collected by the Department of Natural Resources; relating 05 to the Alaska Food, Drug, and Cosmetic Act; and providing for an effective date." 06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 07 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 08 to read: 09 SHORT TITLE. This Act may be known as the Alaska Food Freedom Act. 10 * Sec. 2. AS 03.05.010 is amended by adding a new subsection to read: 11 (c) The commissioner of natural resources may sell promotional merchandise 12 related to the "Alaska Grown" trademark and may charge or collect a fee for the sale 13 of promotional merchandise related to the "Alaska Grown" trademark. The 14 commissioner may issue a license and charge a license fee for the sale of promotional
01 merchandise related to the "Alaska Grown" trademark. The commissioner shall price 02 merchandise sold by the commissioner under this subsection in a manner that ensures 03 a reasonable monetary return to the state. To the extent practicable, the commissioner 04 shall sell only merchandise produced or manufactured in the United States that, 05 subject to AS 36.30, is procured from either an Alaska bidder or a person that employs 06 prisoners under AS 33.30.191(b). 07 * Sec. 3. AS 09.65.290(e)(3) is amended to read: 08 (3) "sports or recreational activity" 09 (A) means a commonly understood sporting activity, whether 10 undertaken with or without permission, including baseball, softball, football, 11 soccer, basketball, hockey, bungee jumping, parasailing, bicycling, hiking, 12 swimming, skateboarding, horseback riding and other equine activity, farm 13 touring, dude ranching, mountain climbing, river floating, whitewater rafting, 14 canoeing, kayaking, hunting, fishing, backcountry trips, mushing, backcountry 15 or helicopter-assisted skiing, alpine skiing, Nordic skiing, snowboarding, 16 telemarking, snow sliding, snowmobiling, off-road and all-terrain vehicle use; 17 (B) does not include 18 (i) boxing contests, sparring or wrestling matches, or 19 exhibitions that are subject to the requirements of AS 05.10; 20 (ii) activities involving the use of devices that are 21 subject to the requirements of AS 05.20; or 22 (iii) skiing or sliding activities at a ski area that are 23 subject to the requirements of AS 05.45. 24 * Sec. 4. AS 09.65.290(e) is amended by adding a new paragraph to read: 25 (4) "farm touring" means briefly visiting a farm to observe or 26 experience aspects of raising, growing, producing, cultivating, harvesting, or 27 processing an agricultural product as a tourist, without receiving pay. 28 * Sec. 5. AS 17.20 is amended by adding a new section to article 7 to read: 29 Sec. 17.20.335. Exemptions for certain in-state food production. (a) Except 30 as otherwise provided under this section, the licensing, permitting, certification, 31 packaging, and inspection requirements under this chapter or regulations adopted
01 under this chapter do not apply to 02 (1) a food that is sold directly by the producer to the end consumer; 03 (2) a food that is only for home consumption; 04 (3) a food that is sold in the state; 05 (4) a food that is not involved in interstate commerce; 06 (5) a food that is part of a gross sale of $25,000 or less; and 07 (6) the sale of meat products, except for 08 (A) poultry and poultry products; 09 (B) live animals intended for slaughter; 10 (C) portions of animals for future delivery if the purchaser, or a 11 processing facility licensed by the state or a federal agency, processes the 12 animals. 13 (b) If food exempt under (a) of this section is not processed, prepared, or 14 packaged in a permitted, approved, or inspected facility, the producer of the food shall 15 conspicuously display to consumers the statement "THIS PRODUCT WAS MADE IN 16 A PRIVATE FACILITY THAT IS NOT SUBJECT TO STATE OR MUNICIPAL 17 REGULATION"; to comply with this subsection, the statement must be 18 (1) set out on a card, placard, or sign that is conspicuously posted at 19 the point of sale; or 20 (2) conspicuously displayed on the label of food that is packaged. 21 (c) Notwithstanding an exemption under (a) of this section, the Department of 22 Environmental Conservation may inspect or investigate food when investigating a 23 food-borne illness. 24 (d) Food exempt under (a) of this section is subject to AS 17.20.044 - 25 17.20.048. 26 (e) The seller of food exempt under (a) of this section may sell it on an 27 Internet website so long as the seller delivers the food to the buyer at the farm from 28 which the food was produced, or, if identified and designated by the seller on the 29 seller's Internet website, the seller may deliver the food to the buyer 30 (1) at a farmers' market; or 31 (2) through a person representing the seller.
01 (f) In this section, "farmers' market" means a physical place where two or 02 more farmers sell food directly to end consumers of the food. 03 * Sec. 6. AS 29.71.040(a) is repealed and reenacted to read: 04 (a) If a municipality that receives state money seeks to purchase an 05 agricultural product and an agricultural product harvested in the state is available that 06 is of like quality compared with a similar agricultural product harvested outside the 07 state, the municipality 08 (1) shall purchase the product harvested in the state if the product is 09 priced not more than seven percent above the similar product harvested outside the 10 state; 11 (2) may purchase the product harvested in the state only if the product 12 is priced not more than 15 percent above the similar product harvested outside the 13 state. 14 * Sec. 7. AS 29.71.040(b) is repealed and reenacted to read: 15 (b) If a municipality that receives state money seeks to purchase a fisheries 16 product and a fisheries product harvested or processed within the jurisdiction of the 17 state is available that is of like quality compared with a similar fisheries product 18 harvested or processed outside the jurisdiction of the state, the municipality 19 (1) shall purchase the product harvested or processed within the 20 jurisdiction of the state if the product is priced not more than seven percent above the 21 similar product harvested or processed outside the jurisdiction of the state; 22 (2) may purchase the product harvested or processed in the jurisdiction 23 of the state only if the product is priced not more than 15 percent above the product 24 harvested or processed outside the jurisdiction of the state. 25 * Sec. 8. AS 29.71.040(c) is amended to read: 26 (c) A solicitation by a municipality for the purchase of agricultural or fisheries 27 products must include written notice of the purchase requirements and limitations 28 under (a) and (b) of this section and [SHALL] specify [THE REQUIREMENT] that 29 agricultural products harvested in the state and fisheries products harvested or 30 processed within the jurisdiction of the state will [SHALL] be used where possible, 31 subject to the limitations under (a) and (b) of this section. If a municipality that
01 receives state money purchases agricultural products harvested outside the state or 02 fisheries products harvested or processed outside the jurisdiction of the state, the 03 municipal officer responsible for the purchase shall certify in writing the reasons that 04 agricultural products harvested in the state or fisheries products harvested or 05 processed within the jurisdiction of the state were not purchased. 06 * Sec. 9. AS 36.15.050(a) is amended to read: 07 (a) When agricultural products are purchased by the state or by a school 08 district that receives state money, a [SEVEN PERCENT] preference not less than 09 seven percent nor more than 15 percent shall be applied to the price of [THE] 10 products harvested in the state. 11 * Sec. 10. AS 36.15.050(b) is amended to read: 12 (b) When fisheries products are purchased by the state or by a school district 13 that receives state money, a [SEVEN PERCENT] preference not less than seven 14 percent nor more than 15 percent shall be applied to the price of [THE] products 15 harvested or processed within the jurisdiction of the state. 16 * Sec. 11. AS 36.15.050(c) is amended to read: 17 (c) A solicitation for the purchase of agricultural or fisheries products must 18 include written notice of the preferences under (a) and (b) of this section and 19 [SHALL] specify [THE REQUIREMENT] that agricultural products harvested in the 20 state and fisheries products harvested or processed within the jurisdiction of the 21 state will [SHALL] be used where possible. If the state or a school district that 22 receives state money purchases agricultural products harvested outside the state or 23 fisheries products harvested or processed outside the jurisdiction of the state, the 24 officer responsible for the purchase shall certify in writing the reasons that 25 agricultural products harvested in the state or fisheries products harvested or 26 processed within the jurisdiction of the state were not purchased. 27 * Sec. 12. AS 37.05.146(c) is amended by adding a new paragraph to read: 28 (90) fees collected by the Department of Natural Resources under 29 AS 03.05.010(c). 30 * Sec. 13. The uncodified law of the State of Alaska is amended by adding a new section to 31 read:
01 APPLICABILITY. AS 09.65.290, as amended by secs. 3 and 4 of this Act, applies to 02 acts or omissions occurring on or after the effective date of this Act. 03 * Sec. 14. This Act takes effect July 1, 2019.