04/08/2024 01:00 PM House RESOURCES

              HB 251-EXEMPTIONS FOR HOMEMADE FOODS                                                                          
                                                                                                                                
1:50:52 PM                                                                                                                    
                                                                                                                                
CHAIR MCKAY  announced that the  next order of business  would be                                                               
HOUSE BILL NO. 251, "An Act  relating to the Board of Agriculture                                                               
and  Conservation; relating  to loans  and limitations  under the                                                               
Alaska Agricultural Loan Act; exempting  certain foods and drinks                                                               
prepared  in   an  uninspected   kitchen  from   state  labeling,                                                               
licensing,  packaging, permitting,  and inspection  requirements;                                                               
permitting a person to acquire meat  from a producer by way of an                                                               
ownership share in  an animal if certain conditions  are met; and                                                               
providing  for an  effective date."   [Before  the committee  was                                                               
CSHB 251(L&C).]                                                                                                                 
                                                                                                                                
1:51:52 PM                                                                                                                    
                                                                                                                                
RYAN MCKEE,  Staff, Representative George Rauscher,  Alaska State                                                               
Legislature,   on  behalf   of  Representative   Rauscher,  prime                                                               
sponsor, presented  CSHB 251(L&C).   He stated that  the proposed                                                               
legislation would address  food security in the  state, which has                                                               
become a  bigger issue  since the COVID-19  pandemic.   He stated                                                               
that  the proposed  legislation  would allow  local producers  to                                                               
sell homegrown or farmed food to informed consumers.                                                                            
                                                                                                                                
MR.  MCKEE presented  the sectional  analysis  for CSHB  251(L&C)                                                               
[copy included in  the 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 17.20.33217.20.338.                                                                              
                                                                                                                                
MR.  MCKEE  paraphrased  the  explanation  of  changes  for  CSHB
(L&C) [copy included  in the committee packet],  which read as                                                               
follows [original punctuation provided]:                                                                                        
                                                                                                                                
     Article  7aSection  17.20.332  Exemption  for  homemade                                                                  
     food:  This section  adds or  removes language  to some                                                                  
     sections to make it more  specific to the intentions of                                                                    
     the legislation.                                                                                                           
                                                                                                                                
     Page 1  lines 8-11 and  adds a  new language on  page 1                                                                    
     line 13 clarifying  that the sale of  homemade foods is                                                                    
     only for personal consumption.                                                                                             
                                                                                                                                
     Page  2 subsection  c,  language following  "commercial                                                                    
     food establishment" was removed.                                                                                           
                                                                                                                                
     Page 2 subsection d lines 16  and 17 was removed Page 2                                                                    
     subsections f & g lines 3-14 were removed                                                                                  
                                                                                                                                
     Page  2 subsections  h  & I  were  reworded creating  2                                                                    
     clear   things  a   seller  must   do  before   selling                                                                    
     unpackaged homemade food                                                                                                   
                                                                                                                                
     Page 4 lines  24- page 5 line 9 changes  the wording on                                                                    
     the relationship to other laws                                                                                             
                                                                                                                                
     Section 17.20.338                                                                                                        
                                                                                                                                
     Changes  were  made  to  the  various  definitions  and                                                                    
     number 6 was removed                                                                                                       
                                                                                                                                
1:56:23 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER requested  clarification  on the  version                                                               
addressed by the explanation of changes.                                                                                        
                                                                                                                                
MR. MCKEE  stated that these  changes were  made to Version  A to                                                               
create  Version U.    In  response to  a  follow-up question,  he                                                               
clarified that the sectional analysis was for Version A.                                                                        
                                                                                                                                
REPRESENTATIVE  SADDLER  pointed out  that  many  foods would  be                                                               
eliminated, as listed on page 2  of the proposed legislation.  He                                                               
questioned the food that would be included.                                                                                     
                                                                                                                                
1:57:51 PM                                                                                                                    
                                                                                                                                
CRYSTAL    KOENEMAN,   Legislative    Liaison,   Department    of                                                               
Environmental  Conservation  (DEC),  answered questions  on  CSHB
(L&C).   She responded that  the bill would include  all other                                                               
food, such as eggs, breads, cheeses, cakes, and jams.                                                                           
                                                                                                                                
CHAIR  MCKAY   questioned  whether  DEC  supports   the  proposed                                                               
legislation.                                                                                                                    
                                                                                                                                
MS. KOENEMAN responded  that the sponsor has  worked closely with                                                               
DEC  on  the   current  version  of  the   bill;  therefore,  the                                                               
department does support this.                                                                                                   
                                                                                                                                
1:59:10 PM                                                                                                                    
                                                                                                                                
CHAIR MCKAY announced that CSHB 251(L&C) was held over.