02/05/2024 03:15 PM House LABOR & COMMERCE

              HB 251-EXEMPTIONS FOR HOMEMADE FOODS                                                                          
                                                                                                                                
3:30:50 PM                                                                                                                    
                                                                                                                                
CHAIR SUMNER announced  that the next order of  business would be                                                               
HOUSE BILL  NO. 251, "An  Act exempting certain foods  and drinks                                                               
prepared  in  a  person's  uninspected home  kitchen  from  state                                                               
labeling,  licensing,   packaging,  permitting,   and  inspection                                                               
requirements;  and permitting  a person  to acquire  meat from  a                                                               
producer by  way of an  ownership share  in an animal  if certain                                                               
conditions are met."                                                                                                            
                                                                                                                                
3:31:05 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 3:31 p.m. to 3:33 p.m.                                                                       
                                                                                                                                
3:33:44 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GEORGE  RAUSCHER,  Alaska State  Legislature,  as                                                               
prime sponsor, read the sponsor  statement [included in committee                                                               
packet], which read as follows [original punctuation provided]:                                                                 
                                                                                                                                
     House  Bill  251 will  help  promote  food security  in                                                                    
     Alaska.  Alaska's  food  supply is  fragile,  with  the                                                                    
     overwhelming majority  having to  be imported  from out                                                                    
     of State. Currently  there is a huge  lack of homegrown                                                                    
     food  industries  which  creates   a  strain  on  local                                                                    
     communities across the State.                                                                                              
                                                                                                                                
     HB 251 would allow a  producer to sell homegrown and/or                                                                    
     farmed local food products to  an informed end consumer                                                                    
     and  allow consumers  to purchase  meat if  it complies                                                                    
     with  the   animal  share  agreements,   directly  from                                                                    
     ranchers.                                                                                                                  
                                                                                                                                
     Passing  HB 251  will help  put food  on the  tables of                                                                    
     Alaskans and  help increase our  food security  here in                                                                    
     Alaska.                                                                                                                    
                                                                                                                                
3:35:14 PM                                                                                                                    
                                                                                                                                
RYAN   MCKEE,  Staff,   Representative  Rauscher,   Alaska  State                                                               
Legislature,   on  behalf   of  Representative   Rauscher,  prime                                                               
sponsor, read the sectional analysis [included in committee                                                                     
packet], which read as follows [original punctuation provided]:                                                                 
                                                                                                                                
     Section  1 amends  AS  17.20 to  create  a new  article                                                                    
     titled  "Homemade Food;  Animal  Shares" consisting  of                                                                    
     four new sections:                                                                                                         
                                                                                                                                
     AS 17.20.332 (exemption  statute): This section creates                                                                    
     an  exemption for  the purchase  and  sale of  homemade                                                                    
     food  products   for  home  consumption   and  provides                                                                    
     applicable restrictions  or limitations  on transaction                                                                    
     requirements,   food  ingredients,   and  labeling   or                                                                    
     signage requirements.                                                                                                      
                                                                                                                                
     AS 17.20.334 (animal  shares): This section establishes                                                                    
     conditions and requirements  of animal share operations                                                                    
     in statute, which  would allow the sharing  of meat and                                                                    
     meat products  by individuals  participating in  a herd                                                                    
     share arrangement.                                                                                                         
                                                                                                                                
     AS  17.20.336   (relationship  to  other   laws):  This                                                                    
     section contains clarifications  to the bill, including                                                                    
     that  the  Department  retains  its  investigative  and                                                                    
     regulatory powers,  and the bill does  not change state                                                                    
     requirements  for brand  or  animal health  inspection,                                                                    
     that   state    agencies   may    provide   assistance,                                                                    
     consultation  or   guidance  at  the  request   of  the                                                                    
     producer, that the bill shall  not be construed as more                                                                    
     restrictive than  applicable federal  requirements, and                                                                    
     the bill does not affect any federal or local laws.                                                                        
                                                                                                                                
     AS  17.20.338  (definitions):   This  section  contains                                                                    
     definitions applicable to 17.20.332-17.20.338.                                                                             
                                                                                                                                
3:36:54 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE FIELDS asked whether the sponsor looked at                                                                       
examples of local food regulations from other states.                                                                           
                                                                                                                                
REPRESENTATIVE RAUSCHER answered that he was looking only at                                                                    
Alaska.                                                                                                                         
                                                                                                                                
REPRESENTATIVE FIELDS asked for more details about the proposed                                                                 
regulations on meat.                                                                                                            
                                                                                                                                
REPRESENTATIVE RAUSCHER stressed the importance of the food                                                                     
supply chain to Alaska.                                                                                                         
                                                                                                                                
REPRESENTATIVE  FIELDS  inquired as  to  whether  the bill  would                                                               
limit Alaska to a herd share.                                                                                                   
                                                                                                                                
REPRESENTATIVE  RAUSCHER answered  that  the  bill proposes  herd                                                               
share.                                                                                                                          
                                                                                                                                
3:39:35 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE PRAX  asked about page  4, line 24, which  read as                                                               
follows:                                                                                                                        
                                                                                                                                
     (a) The Department of Environmental Conservation may,                                                                      
     as authorized under this chapter,                                                                                          
        (1) conduct inspections necessary to investigate                                                                        
     reports                                                                                                                    
                                                                                                                                
REPRESENTATIVE  RAUSCHER deferred  the  question  to the  invited                                                               
testifiers.                                                                                                                     
                                                                                                                                
3:41:07 PM                                                                                                                    
                                                                                                                                
CHRISTINA CARPENTER, Director,  Division of Environmental Health,                                                               
Department  of Environmental  Conservation  (DEC), answered  that                                                               
the  language  does limit  the  inspection  authority of  DEC  to                                                               
conduct  investigations of  unsafe sanitary  practices, foodborne                                                               
illnesses, and foodborne illness outbreaks.                                                                                     
                                                                                                                                
REPRESENTATIVE  PRAX   asked  for  confirmation  that   the  bill                                                               
language  would  not  authorize DEC  to  start  an  investigation                                                               
without a report.                                                                                                               
                                                                                                                                
MS. CARPENTER  confirmed that  that is  her understanding  of the                                                               
bill language.                                                                                                                  
                                                                                                                                
3:42:11 PM                                                                                                                    
                                                                                                                                
CHAIR  SUMNER inquired  as  to whether  the  department would  be                                                               
allowed   to  self-generate   a   report  and   then  begin   the                                                               
investigation.                                                                                                                  
                                                                                                                                
MS.  CARPENTER  answered that  it  is  likely DEC  wouldn't  have                                                               
reason to investigate without a report.                                                                                         
                                                                                                                                
3:42:44 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER said  the  bill, in  Section 1,  proposes                                                               
that  production  and  sale  of  homemade  food  is  exempt  from                                                               
labelling, and  that the sale  of such  food may not  involve the                                                               
sale of  meat or meat products.   He offered that  the purpose of                                                               
the bill is to allow the sale of meat products.                                                                                 
                                                                                                                                
3:43:58 PM                                                                                                                    
                                                                                                                                
MS. CARPENTER  explained that  Section 1 of  the bill  deals with                                                               
homemade food products  that are offered for sale  to the public;                                                               
a different section deals with meat in an animal share program.                                                                 
                                                                                                                                
3:44:43 PM                                                                                                                    
                                                                                                                                
CHAIR SUMNER announced that HB 251 was held over.