Legislature(2021 - 2022)BUTROVICH 205
05/17/2021 03:30 PM Senate RESOURCES
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SJR16|| SJR17 | |
SJR17|| SJR16 | |
HB22 | |
Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
*+ | SJR 16 | TELECONFERENCED | |
*+ | SJR 17 | TELECONFERENCED | |
*+ | HB 22 | TELECONFERENCED | |
+ | TELECONFERENCED |
HB 22-SHARED ANIMAL AND RAW MILK/PRODUCTS 3:54:35 PM CHAIR REVAK reconvened the meeting and announced the consideration of HOUSE BILL NO. 22 am "An Act relating to shared animal ownership; and relating to the sharing of raw milk and raw milk products." 3:55:10 PM REPRESENTATIVE GERAN TARR, Alaska State Legislature, Juneau, Alaska, sponsor of HB 22, stated this bill is the result of five years of working closely with farmers statewide to try to create additional opportunities in the state's agriculture industry. HB 22 strengthens the existing herd share program by moving it from regulation into statute. The notion is this will provide more certainty that the program will continue to exist. REPRESENTATIVE TARR said HB 22 also provides the opportunity for farmers to provide herd share members with value added raw milk products such as cheeses, yogurt, and ice cream. She described this as a modest step to expand the herd share program after decades of safe operation. She noted the packets contain a sample contract that a person who participates in a herd share program signs when they become a member. All members have an opportunity to inspect the facility and get to know the farmer and animals. 3:57:29 PM She stated her office worked with the Department of Environmental Conservation (DEC) to allow the department to respond to any foodborne illness outbreak. The department suggested the language for this new section, and it is incorporated in the forthcoming committee substitute (CS). She said the CS also reflects DEC's recommendation that farmers provide two forms of contact to each herd share member. REPRESENTATIVE TARR described HB 22 as an opportunity to improve food security and the potential for economic development, particularly for rural areas. 3:58:52 PM CHAIR REVAK announced invited testimony. 3:59:12 PM SUZY CROSBY, Owner, Cottonwood Creek Farm, Wasilla, Alaska, presented the PowerPoint, "Managing A Goat Herd Share Operation In Alaska." She offered her perspective that goats are a missing link between pets and livestock. They have personalities, are easy to handle, produce milk with minimal infrastructure, and the cleanup is simple. She discussed the reasons for participating in herd share listed on slide 3. Herd share is a way for goats to help pay their way; it connects consumers to producers; it accommodates the locavore trend for locally grown or produced food; it provides freedom of choice in food; and it contributes to food security in Alaska. She pointed to the image of empty cooler case shelves at a local store in March 2020 and compared it to the image at her farm that same day of full refrigerator shelves in her downstairs milking room kitchen. She said the members of her herd share operation never experienced food insecurity related to their weekly milk share. 4:01:07 PM MS. CROSBY stated herd share is the only legal way to access raw milk in Alaska. It currently is restricted to fluid milk, but HB 22 seeks to expand this. It is sustainable, community-supported agriculture. The producer and herd share member enter into a trust relationship where the member commits to pick up their milk share on a regular schedule. The basis of herd share is to know your farmer. Inspections can and do occur every time someone goes to a farm to inquire about herd share and thereafter every time they pick up their milk. She described what herd share is not. It is not the grocery store. There is no purchase associated with picking up one's share of milk on a regularly scheduled basis. Value-added products are not offered yet, although HB 22 seeks to allow cheese and other value-added products within the definition of the herd share relationship. 4:02:41 PM MS. CROSBY directed attention to slides 7-9 that address safety and sanitation. She emphasized the importance of keeping things clean and the milk cold. Following these guiding principles will ensure a good, high-quality product. She said Cottonwood Creek Farm stresses hand washing and draws a sharp line between excrement and food. She described the image on slide 8 and explained the milk is accepted into the stainless canisters and then is filtered into glass jars that are immediately put into an ice bath in the refrigerator. Share members are educated about the importance of keeping the product clean and cold. She displayed images of the value-added products queso fresco, feta with sundried tomatoes and calamata olives, and chevre, all of which would be legal components of a herd share agreement if HB 22 were to pass. She reviewed the benefits of HB 22 to consumers listed on slide 13 that read as follows: • Freedom to make food choices without restriction • Having a variety of dairy options besides milk • Access to digestible products for those intolerant to commercial dairy • Many consumers prefer ready-made vs. DIY • Growing preference for unique locally made/artisan food MS. CROSBY highlighted the benefits to producers of allowing value-added products. The slide read as follows: • Allows for best usage of seasonal surplus milk • Farmer can buy more hay per gallon of milk (goats eat even during their dry period!) • Specialty products would still be available in winter even when fluid milk production drops MS. CROSBY reviewed the overall benefits of HB 22 listed on slide 15: • Help strengthen Alaska's fragile food system • Help prevent food waste • Expand Alaskan agriculture by offering a new business opportunity for farmers 4:05:27 PM SENATOR BISHOP joined the committee meeting. MS. CROSBY referenced Senator Kiehl's forthcoming amendment that adds annual testing of these raw milk products the results of which would be provided to the department. She questioned whether it would add a fiscal note, expressed concern that the data would not be confidential, and maintained the legislature should be trying to make it easier rather than harder for herd share to grow. 4:07:43 PM CHAIR REVAK advised that the committee was not considering an amendment at this time. 4:08:13 PM AMY PETTIT, Executive Director, Alaska Farmland Trust, Palmer, Alaska, began her presentation with a survey of who had eaten today, whether it was Alaska grown, and whether they would have liked to have eaten more Alaska grown food today. She expressed satisfaction with the results. MS. PETTIT stated the Alaska Farmland Trust (AFT) is a 501(c)(3) nonprofit based in Palmer that focuses on three areas: 1) protect agricultural land; 2) promote the agriculture industry; and 3) educate consumers and Alaskans generally about the benefits of the agriculture industry. She directed attention to the next several statistics slides and related the following information: • According to the most recent agriculture census, the number of Farms in Alaska grew 30 percent from 2012 to 2017. In the Lower 48, the number of farms decreased 3 percent during the same time. • Alaska leads the nation in the number of new farmers; 46 percent of Alaskan farmers have less than 10 years of farming experience. • The number of small farms with fewer than 10 acres in up 73 percent in Alaska. Securing herd share in statute allows for responsible growth over time. • In Alaska, 47 percent of farmers are women. The national average is 27 percent of farmers are female. • The value of food sold directly to consumers increased from $2.2 million in 2012 to $4.5 million in 2017. MS. PETTIT challenged members to name an industry that had experienced this type of growth in five years. 4:12:25 PM MS. PETTIT advised that HB 22 has been five years in the making and it enjoys industry-wide support. It is about access, removing barriers, developing economies, and expanding production. She described this as a bipartisan issue and Alaskan agriculture as a renewable resource that all members should support. She directed attention to the various "free the cheese" lapel pins depicted on slide 11 and said she would like the sponsor to distribute them to the members if the bill passes from committee today. MS. PETTIT concluded the presentation displaying an image of a child wearing an Alaska Grown sweatshirt and a statement of support for the bill and the next generation of farmers. She asked for a showing of hands for those who want to allow greater access to local food today and expressed hope the cheese would be freed this year. 4:14:56 PM SENATOR MICCICHE stated support for HB 22 and asked her to confirm that he would not have to wear a free the cheese pin if it were to pass. MS. PETTIT replied they are in hot demand, and he could probably auction it. 4:15:27 PM CHAIR REVAK asked Mr. Brouwer to explain the changes in the Senate committee substitute (CS) for HB 22. 4:15:47 PM THATCHER BROUWER, Staff, Representative Geran Tarr, Alaska State Legislature, Juneau, Alaska, presented the explanation of changes between version A.A and Version I of HB 22: Version I adds a new subsection starting on page 2 line 6 to wit: "(c) If the department suspects or determines that there is an outbreak of a foodborne illness that can be traced to a facility where raw milk or raw milk products are produced under this section, the department may exercise its authority under AS 17.20.005(7) and (8) and AS 17.20.200 for that facility." Furthermore, on page 2 lines 17-28 a new Section 2 has been added to provide clarifying language for AS 17.20.200(a) to wit:?"or to a facility, as provided under AS 17.20.015(c)." The above language was added at the request of the Department of Environmental Conservation (DEC) and has been agreed upon by the bill sponsor. Adding this language would allow DEC to respond if there is a foodborne illness outbreak related to herd share raw milk or raw milk products. DEC believes they would be able to investigate and respond to any outbreaks utilizing their current resources, and therefore would not produce a fiscal note. 4:17:09 PM CHAIR REVAK listed the individuals available online to answer questions. 4:17:35 PM SENATOR KAWASAKI asked how often herd share facilities conduct internal tests for things like salmonella, E coli, and listeria or if they wait to test until an illness outbreak. MR. BROUWER responded that the last foodborne illness outbreak associated with the raw milk program was in 2013. He deferred further response to Ms. Crosby. 4:18:24 PM MS. CROSBY stated that it was not industry standard to test for those bacteria. She reported just two outbreaks in the last 20 years. Both were in the same family, and both related to Campylobacter in cattle. She proffered her belief that unsanitary conditions played a role. 4:18:58 PM CHAIR REVAK found no further questions and solicited a motion to adopt the Senate Committee Substitute. 4:19:09 PM SENATOR MICCICHE moved to adopt the [Senate] CS for HB 22, work order 32-LS0212\I, as the working document. 4:19:22 PM CHAIR REVAK found no objection and version I was adopted. 4:19:39 PM CHAIR REVAK opened public testimony on HB 22. 4:20:08 PM MARLENE WENGER, representing self, Kenny Lake, Alaska, stated that she and her husband have been farming in the Copper River Valley since 1985 and they started the Copper River Valley Farm Bureau 20 years ago. She stated support for the sale of raw milk products and shared that she raises goats for a hobby. They run a grocery/feed/hardware store and sell as many Alaska grown products as are available. She noted that Alaskan products were available during the COVID-19 pandemic whereas products from outside Alaska were not available. She expressed support for local agriculture and legalizing raw dairy products. 4:21:30 PM LARAE SMITH, representing self, Willow, Alaska, related that she is currently a consumer of raw dairy milk and will eventually be a producer. She said she was living in Idaho when COVID-19 broke out and she could not find milk in the stores. She was able to access raw milk and other local food, so she did not go hungry. She voiced support for supporting local Alaska farmers including dairy. It is a huge resource for the state that provides food stability. She spoke of the health benefits of raw goat's milk and stated support for HB 22. 4:23:24 PM AMY SEITZ, Executive Director, Alaska Farm Bureau, Soldotna, Alaska, stated the Alaska Farm Bureau is a grassroots organization whose mission is to improve the economic wellbeing and expansion of agriculture to enrich the quality of life for all Alaskans. She emphasized that a robust local food system will enrich the lives of Alaskans through improved access to food and less dependence on a long and complicated supply chain. It will also help diversify the economy. MS. SEITZ reported that Alaskans spend close to $2 billion to purchase food each year, just 5 percent of which is produced in the state. She referenced the Agriculture Census that shows Alaska farmers are able to expand. She encouraged support for this growth through good policies. HB 22 is designed to help farmers succeed and provide increased access to local food products by giving herd share owners the option to produce value-added products such as cheese, butter, and kefir. She pointed out that HB 22 not only supports farmers and increases food security, it also is a freedom of choice bill. It gives people the option to choose raw milk products. She noted the safety features of knowing the farmer, the farm, the animals, the process, and the cleanliness of the system. The herd share program also has built in traceability. She encouraged the members to support HB 22 and moving it forward today. 4:25:51 PM MILENA SEVIGNY, representing self, Wasilla, Alaska, stated support for HB 22 and shared that she is a herd share member in Wasilla. When she moved to Wasilla with her family it was important to find a source of goat's milk for her son who is allergic to cow's milk. She was relieved to find local, fresh raw milk that was dependable. She is able to visit the farm any time to observe the care and cleanliness while milking and to get to know the goats. Her kids know their names and ask whose milk they are drinking. MS. SEVIGNY related she works at the Port of Alaska and sees first hand how quickly the food supply can get cut off. She said the port infrastructure is deteriorating and it was a miracle it survived the recent earthquake. Another concern is the increasing number of late ship arrivals due to stronger winter storms. The depleted grocery store shelves readily reflect these late arrivals, she said. Produce and dairy are particularly hard hit. She emphasized the importance of increasing food security in Alaska and making local food supplies more accessible. 4:28:28 PM CHAIR REVAK closed public testimony on HB 22. 4:28:40 PM SENATOR KIEHL moved Amendment 1, work order 32-LS0212\I.1. 32-LS0212\I.1 Lemons 5/17/21 AMENDMENT 1 OFFERED IN THE SENATE BY SENATOR KIEHL TO: SCS HB 22(RES), Draft Version "I" Page 2, following line 5: Insert a new subsection to read: "(c) Under regulations adopted by the department, the department may require the collective owners of a milk-producing animal to test, not more than once a year, a shared raw milk product of the milk-producing animal and provide the test results to the department." Reletter the following subsections accordingly. Page 2, line 23: Delete "AS 17.20.015(c)" Insert "AS 17.20.015(d)" 4:28:50 PM CHAIR REVAK objected for discussion purposes. SENATOR KIEHL stated the amendment is about basic food safety in the commercial arena. It would require herd share owners to test a shared raw milk product from one of their milk-producing animals once a year and provide the test results to DEC. He noted the department is able to specify what product is tested. Depending on the product, the herd share owner could expect to pay from $17 to $70 for the test. Since DEC only receives the results, the amendment is not expected to generate a fiscal note. 4:33:38 PM CHAIR REVAK noted that these are small dairy operations, and asked the sponsor her position on Amendment 1. 4:34:09 PM REPRESENTATIVE TARR confirmed that these are small businesses with animals that number in the dozens. She stressed that her office sought input from DEC and annual testing was not mentioned. She said she appreciates the intent, but she does not believe the amendment is necessary at this time. CHAIR REVAK commented on his experience growing up and consuming his neighbor's raw milk cheese and said he would like to think that these small operations would have the tests done without the government telling them to do so. 4:36:31 PM CHAIR REVAK maintained his objection to Amendment 1. SENATOR KAWASAKI asked if herd share owners in remote areas would have ready access to the tests. 4:36:55 PM SENATOR KIEHL replied, depending on the location, the samples may need to be mailed, which is not unlike other food businesses subject to inspection and testing. SENATOR KAWASAKI expressed confidence that the CS would provide adequate protections and said the amendment was not necessary. 4:38:05 PM SENATOR KIEHL said he still views the issue as live, but he would withdraw Amendment 1. SENATOR REVAK stated Amendment 1 has been withdrawn. SENATOR MICCICHE quipped about a future goat milk bill from Senator Kiehl. SENATOR STEVENS observed that none of the free the cheese lapel pins mentioned Kodiak even though that community has a very productive goat herd. SENATOR REVAK solicited a motion. 4:39:30 PM SENATOR MICCICHE moved to report [SCS HB 22], work order 32- LS0212\I, from committee with individual recommendations and attached zero fiscal note(s). 4:39:45 PM CHAIR REVAK announced that without objection, SCS HB 22(RES) moved from the Senate Resources Standing Committee.