04/17/2024 01:00 PM House RESOURCES

               HB 251-EXEMPTIONS FOR HOMEMADE FOODS                                                                         
                                                                                                                                
2:04:06 PM                                                                                                                    
                                                                                                                                
CHAIR MCKAY  announced that the  next order of business  would be                                                               
CS FOR HOUSE  BILL NO. 251(L&C), "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."                                                                                                            
                                                                                                                                
2:05:03 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MEARS   moved  to  adopt  Amendment   1  to  CSHB
(L&C), labeled  33-LS0888\U.3, Bullard, 4/17/24.   [Because of                                                               
its length,  Amendment 1 can be  found at the end  of the minutes                                                               
for CSHB 251(L&C).]                                                                                                             
                                                                                                                                
REPRESENTATIVE WRIGHT objected.                                                                                                 
                                                                                                                                
2:05:15 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MEARS  stated that  Amendment 1 would  address the                                                               
Microenterprise Home  Kitchen Operations  [MEHKO] movement.   She                                                               
stated  that this  would expand  opportunities for  people making                                                               
cottage foods.  She stated that  the idea came from an individual                                                               
who  has  a  commercial  kitchen  and leases  out  space.    This                                                               
individual  has expressed  concerns  on  temperature control  and                                                               
safe handling of  homemade foods.  She stated  that the amendment                                                               
would  allow  these  foods  to  be made  in  home  kitchens  with                                                               
licensing and an inspection from  the Department of Environmental                                                               
Conservation  (DEC).    She  stated   that  this  inspection  and                                                               
licensing could be done remotely.                                                                                               
                                                                                                                                
2:06:37 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE RAUSCHER deferred to DEC for an opinion.                                                                         
                                                                                                                                
2:07:06 PM                                                                                                                    
                                                                                                                                
CRYSTAL    KOENEMAN,   Legislative    Liaison,   Department    of                                                               
Environmental  Conservation,   spoke  to  Amendment  1   to  CSHB
(L&C).   She  expressed the  understanding that  the amendment                                                               
would allow  for the  home production of  meat or  meat products,                                                               
which  DEC  does  not  regulate.    She  explained  that  the  US                                                               
Department of Agriculture (USDA)  must inspect all meat products,                                                               
or  fall  within  a  USDA   exemption,  and  there  would  be  no                                                               
exemptions  in  this  scenario.     She  stated  that  food-borne                                                               
illnesses  are often  traced back  to meat  products.   She noted                                                               
botulism, listeria, an E. coli as  concerns.  She stated that DEC                                                               
does  not support  the amendment,  noting that  inspections would                                                               
present  a challenge.   She  stated that  this would  concern the                                                               
right  to privacy  for Alaskans,  as DEC  would have  to go  into                                                               
private homes.  She explained  that some of DEC's food inspectors                                                               
have   experienced  harassment   in   establishments  that   were                                                               
permitted.  She also discussed  the problem concerning appeals to                                                               
this  inspection  process.   She  reiterated  that DEC  does  not                                                               
support the amendment for these reasons.                                                                                        
                                                                                                                                
2:10:03 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  RAUSCHER explained  that the  original intent  of                                                               
the  proposed  legislation  was  to allow  the  state,  which  is                                                               
isolated from the  Lower 48, to be self-sufficient  from the USDA                                                               
if  there were  an emergency.    He expressed  the opinion  that,                                                               
unfortunately, the amendment  would be "too big of a  bite of the                                                               
apple  at this  time;" therefore,  he  is unable  to support  the                                                               
amendment.                                                                                                                      
                                                                                                                                
2:11:02 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER  stated  that  the  goal  of  HB  251  is                                                               
laudable, as  it is trying  to increase the sources  of available                                                               
safe  foods, while  balancing this  with public  health concerns.                                                               
He expressed opposition to the amendment.                                                                                       
                                                                                                                                
2:11:41 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MEARS  argued that  there is  already a  place for                                                               
inspected meats  to be  available in the  market, and  this would                                                               
just be utilizing  these meats.  She stated that  this is already                                                               
happening in the  state where tamales and lumpias are  sold.  She                                                               
pointed  out that  this would  allow for  having certificates  on                                                               
food  safety  and  food  handling courses.    She  expressed  the                                                               
understanding that  cottage food  handlers endorse being  able to                                                               
produce  these meat  products legally  and safely,  and it  would                                                               
help expand their businesses.                                                                                                   
                                                                                                                                
2:13:24 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MCCABE objected.                                                                                                 
                                                                                                                                
2:13:31 PM                                                                                                                    
                                                                                                                                
A roll call  vote was taken.  Representatives  Mears, Dibert, and                                                               
Armstrong  voted  in  favor  of Amendment  1  to  CSHB  251(L&C).                                                               
Representatives  McCabe, Baker,  Rauscher,  Saddler, Wright,  and                                                               
McKay  voted against  it.   Therefore, Amendment  1 failed  to be                                                               
adopted by a vote of 3-6.                                                                                                       
                                                                                                                                
2:14:43 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MCCABE  moved  to  report CSHB  251(L&C)  out  of                                                               
committee  with individual  recommendations and  the accompanying                                                               
fiscal  notes.   There  being  no  objection, CSHB  251(L&C)  was                                                               
reported out of the House Resources Standing Committee.