Legislature(2023 - 2024)BARNES 124
04/17/2024 01:00 PM House RESOURCES
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| Audio | Topic |
|---|---|
| Start | |
| HB349 | |
| HB251 | |
| HB396 | |
| HB329 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 195 | TELECONFERENCED | |
| += | HB 251 | TELECONFERENCED | |
| += | HB 329 | TELECONFERENCED | |
| *+ | HB 396 | TELECONFERENCED | |
| += | HJR 22 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 349 | TELECONFERENCED | |
HB 251-EXEMPTIONS FOR HOMEMADE FOODS
2:04:06 PM
CHAIR MCKAY 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." [Before the committee was CSHB 251(L&C).]
2:05:03 PM
REPRESENTATIVE MEARS moved to adopt Amendment 1 to CSHB
251(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
251(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, and 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" and thus, he is unable to support the
amendment.
2:11:02 PM
REPRESENTATIVE SADDLER stated that the goal of CSHB 251(L&C) 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.
[Amendment 1 to CSHB 251(L&C), labeled 33-LS0888\U.3, Bullard,
4/17/24, reads as follows:]
Page 1, line 2, following "requirements;":
Insert "relating to the permitting and regulation
of home cooking operations;"
Page 1, line 7, following ";":
Insert "Home Cooking Operations;"
Page 1, line 9:
Delete "17.20.338"
Insert "17.20.339"
Page 2, lines 28 - 29:
Delete "Department of Environmental Conservation"
Insert "department"
Page 3, line 14:
Delete "17.20.338"
Insert "17.20.339"
Page 3, following line 18:
Insert new sections to read:
"Sec. 17.20.333. Home cooking operations. (a) An
individual may not maintain or operate a home cooking
operation without a permit issued by the department
under this section. Except as otherwise provided in
AS 17.20.332 - 17.20.339, a home cooking operation
permit authorizes an individual to operate a home
cooking operation in the individual's home.
(b) A permit holder may not produce or sell
(1) food containing raw shellfish; or
(2) raw milk or raw milk products.
(c) A home cooking operation permit holder
may only sell food that is ready for personal
consumption without further washing, cooking, or other
necessary preparation. Food produced by a home cooking
operation may not be sold or used in a commercial food
establishment. Food produced by a home cooking
operation may be sold from a retail space, including a
space at a farmers' market or at the farm or residence
where the home cooking operation is located.
(d) A home cooking operation permit holder shall
prepare, cook, and serve food, or have food picked up
for delivery, within an amount of time the department
determines is safe based on the holding equipment
capacity of the permit holder's home cooking
operation. Food from a home cooking operation may be
delivered to consumers by the permit holder, an
employee or agent of the permit holder, or a third-
party delivery service.
(e) A home cooking operation permit holder and
an employee of a home cooking operation permit holder
who works with unpackaged food, food equipment or
utensils, or food contact surfaces in the home cooking
operation must have the training, testing, and
certification required of an individual who handles or
prepares food under AS 17.20.005(1)(D).
(f) A permit, once issued, may not be
transferred. A permit is only valid for the individual
and location specified by the permit and, unless
suspended or revoked for cause, for the amount of time
indicated.
(g) An individual must apply for a home cooking
operation permit on a form prescribed by the
department. The department may require a home cooking
operation permit holder to renew the permit
periodically, but not more frequently than once each
year.
(h) The department may require an applicant for
a home cooking operation permit to submit a written
copy of the standard operating procedures for the
applicant's planned home cooking operation that
includes the following:
(1) a list of all food types or products
that will be handled;
(2) proposed procedures and methods of food
preparation and handling;
(3) procedures, methods, and schedules for
cleaning utensils and equipment and for the disposal
of refuse;
(4) how food will be maintained at safe
holding temperatures pending pickup by, or during
delivery to, a consumer;
(5) information about the type of service,
which may include consumer pickup and delivery, in-
home dining, instructional courses, or a combination
of services; and
(6) a list of the areas within or outside
the individual's home, which may include a porch or
backyard with a barbecue, to be covered by the permit.
(i) The department shall issue a permit to an
applicant for a home cooking operation who meets the
requirements of this section if, after an initial
inspection, the department determines that the
proposed home cooking operation and its method of
operation comply with AS 17.20.333 - 17.20.336. The
department shall conduct the initial inspection of an
applicant's proposed home cooking operation at a time
mutually agreed to by the department and the applicant
within one month after the department receives the
application. The initial inspection is limited to the
areas of the home listed on the permit application.
The department may conduct an initial inspection
remotely by videoconference technology.
(j) If the department denies the permit
application, the department shall provide the
applicant with
(1) notice of the specific reasons for the
denial and an opportunity to cure the deficiencies;
and
(2) notice of the applicant's right to
appeal and an explanation of the process and time
frame for an appeal that is provided in law.
(k) The department may charge a fee for a home
cooking operation permit issued under this section.
The department shall set the fee by regulation, and
the fee must be based on the actual costs incurred by
the department in administering the home cooking
operation permit program.
(l) The department shall provide a home cooking
operation permit holder the opportunity to update the
food types, products handled, and service or delivery
methods authorized by the permit without requiring the
permit holder to submit a new permit application.
(m) A home cooking operation permit holder shall
keep a copy of the home cooking operation permit
onsite and make the permit available to a
representative of the department upon request.
Sec. 17.20.334. Regulation of home cooking
operations. (a) The department shall
(1) adopt, administer, and enforce
regulations to carry out the provisions of
AS 17.20.333 17.20.336, including regulations that
(A) establish home cooking operation permit
requirements, including hygiene, safety, sanitation,
approved sources of food, training, and record
keeping;
(B) provide for investigations,
inspections, warnings, and restrictions for home
cooking operations; and
(C) provide for the issuance, renewal,
suspension, and revocation of a home cooking operation
permit issued under AS 17.20.333; and
(2) use officers and employees of the
department to inspect facilities permitted under
AS 17.20.333.
(b) Regulations adopted by the department under
AS 17.20.333 - 17.20.336
(1) must
(A) apply only to the permitted operations
of the home cooking operation and area of the home
used for the home cooking operation;
(B) ensure that food may be safely prepared
by a home cooking operation in an ordinary home
kitchen;
(C) provide that any training content or
examination provided or required by the department
under AS 17.20.333 - 17.20.336 is available in
languages other than English that are commonly spoken
in the state as a primary language;
(2) may not
(A) require a home cooking operation to
have or use facilities or equipment not ordinarily
used in a private home kitchen;
(B) prohibit an individual who lives in the
home or a guest of an individual who lives in the home
from accessing and being present in the permitted area
where food for the home cooking operation is stored,
handled, prepared, or packaged, unless the individual
(i) has a symptom of an acute
gastrointestinal illness; or
(ii) is infected with a disease that is
transmissible through food;
(C) require that a home cooking operation
permit holder or individual working in a home cooking
operation obtain food safety training and
certification beyond the training and certification
required under AS 17.20.005(1)(D) of an individual who
works in a commercial kitchen or restaurant;
(3) may require that a home cooking
operation comply with sanitation regulations
applicable to retail food establishments, to the
extent that the regulation meets the requirements of
(1)(B) and (2)(A) of this subsection and does not
otherwise conflict with AS 17.20.333 - 17.20.336.
(c) After a home cooking operation is initially
inspected under AS 17.20.333(i), the department may
only inspect the home cooking operation in the
following circumstances:
(1) conduct a routine inspection not more
than once in a 12-month period of the home cooking
operation for the purpose of observing the home
cooking operation permit holder engaged in the usual
activities of the home cooking operation, including
active food preparation;
(2) when there is cause, which may include
a credible consumer complaint, to suspect that the
home cooking operation adulterated or otherwise
produced unsafe food or that the home cooking
operation permit holder otherwise violated
AS 17.20.333 - 17.20.336; or
(3) in an emergency if there is cause to
believe that the home cooking operation poses a
serious hazard or immediate threat to public health,
limited to the facts prompting the inspection.
(d) Before conducting an inspection under (c)(1)
or (2) of this section, the department shall provide
notice to the home cooking operation permit holder and
conduct the inspection at a mutually agreeable date
and time. However, before conducting an emergency
inspection under (c)(3) of this section, the
department must only provide the home cooking
operation permit holder with advance notice of the
inspection to a reasonable extent under the
circumstances. In conducting an inspection under this
section, the department may only inspect permitted
areas of the home cooking operation for the purpose of
enforcing or administering AS 17.20.333 - 17.20.336.
(e) The department may decline to issue or renew
a home cooking operation permit and may suspend or
revoke a home cooking operation permit after due
notice and opportunity for hearing if the department
determines that
(1) an applicant for a home cooking
operation permit, or home cooking operation permit
holder, provided false or misleading information in a
permit application; or
(2) a home cooking operation permit holder
(A) does not have the facilities or
equipment necessary to safely produce food or is not
maintaining or operating the home cooking operation in
a manner necessary to safely produce food;
(B) has produced adulterated food or has
produced food in a manner that it is likely to result
in adulterated food;
(C) has failed to produce a record or
provide information reasonably requested by the
department that is necessary to the administration and
enforcement of AS 17.20.333 - 17.20.336; or
(D) has failed to comply with AS 17.20.333
- 17.20.336 or a regulation adopted under AS 17.20.333
- 17.20.336.
(f) Except in circumstances posing an imminent,
serious risk to public health, before the department
seeks an administrative remedy or penalty, the
department shall
(1) issue a warning letter or notice of
violation to a home cooking operation permit holder
the department finds to be in violation of
AS 17.20.333 - 17.20.336 or a regulation adopted under
AS 17.20.333 - 17.20.336;
(2) provide the home cooking operation
permit holder a reasonable opportunity to cure the
violation.
Sec. 17.20.335. Municipal regulation of home
cooking operations. (a) A municipality may not require
a home cooking operation permitted under AS 17.20.333
to comply with requirements that are different from,
or in addition to, the requirements of and regulations
adopted under AS 17.20.333 - 17.20.336.
(b) A municipality may not prohibit the
operation of, require a permit to operate, other than
a business license issued under AS 43.70.020 and the
permit issued under AS 17.20.333, require a rezone of
or levy any fees on the property, or impose any other
restrictions on a home cooking operation in any
residential dwelling for zoning purposes.
(c) This section does not supersede or otherwise
limit the power of a municipality to investigate and
enforce the authority of a municipal nuisance
ordinance.
(d) The use of a residence for a home cooking
operation permitted under AS 17.20.333 may not
constitute a change of occupancy for purposes of the
state housing laws or municipal building or fire
codes. A residence containing a home cooking operation
is considered a residence for purposes of state and
local building and fire codes.
(e) Lawful operation of a home cooking operation
may not be grounds for eviction of a home cooking
operation permit holder from a leased residence unless
the use of the premises for a home cooking operation
violates the lease.
Sec. 17.20.336. Collection and reporting of
information on home cooking operations. (a) The
department shall annually collect and publicly report
aggregate data on the number of home cooking operation
permit applications received, the number of home
cooking operation permits issued, the numbers and
types of violations found by the department in
enforcing AS 17.20.333 - 17.20.336 and regulations
adopted under AS 17.20.333 - 17.20.336, and the
numbers and types of enforcement actions taken by the
department to enforce AS 17.20.333 - 17.20.336 and
regulations adopted under AS 17.20.333 - 17.20.336.
(b) The department shall maintain a publicly
available list on the department's Internet website of
the business name, permit numbers, and location of all
home cooking operations permitted under AS 17.20.333."
Page 3, line 19:
Delete "Sec. 17.20.334"
Insert "Sec. 17.20.337"
Page 4, lines 19 - 20:
Delete "Department of Environmental Conservation"
Insert "department"
Page 4, line 22:
Delete "Sec. 17.20.336"
Insert "Sec. 17.20.338"
Delete "17.20.338"
Insert "17.20.339"
Page 4, line 23:
Delete "Department of Environmental Conservation"
Insert "department"
Page 4, line 31:
Delete "17.20.338"
Insert "17.20.339"
Page 5, line 8:
Delete "Sec. 17.20.338"
Insert "Sec. 17.20.339"
Delete "17.20.338"
Insert "17.20.339"
Page 5, following line 8:
Insert a new paragraph to read:
"(1) "adulterated food" has the meaning
given in AS 17.20.020;"
Renumber the following paragraphs accordingly.
Page 5, line 15:
Delete "17.20.338"
Insert "17.20.339"
Page 5, following line 18:
Insert a new paragraph to read:
"(5) "department" means the Department of
Environmental Conservation;"
Renumber the following paragraphs accordingly.
Page 5, following line 24:
Insert a new paragraph to read:
"(8) "home cooking operation"
(A) means an enterprise in a private home
that is operated by an individual residing in the home
to store, handle, prepare, package, serve, and sell or
otherwise provide food to consumers;
(B) does not include an uninspected kitchen
where homemade food may be produced under
AS 17.20.332, food processing plant, food service
establishment, temporary food service establishment,
caterer, educational institution, or residential group
home, assisted living, or health care facility;"
Renumber the following paragraphs accordingly.
Page 6, following line 16:
Insert a new bill section to read:
"* Sec. 2. The uncodified law of the State of
Alaska is amended by adding a new section to read:
TRANSITION; REQUIREMENT FOR PUBLIC NOTICE OF HOME
COOKING OPERATION PERMIT REQUIREMENTS. (a) Within six
months after the effective date of sec. 1 of this Act,
the Department of Environmental Conservation shall
post the requirements for a home cooking operation
permit issued under AS 17.20.333, added by sec. 1 of
this Act, on the department's Internet website.
(b) The home cooking operation permit
requirements that must be posted under (a) of this
section must be written in a manner that is clear,
concise, and easily readable. At the discretion of the
department, the department may make the home cooking
operation permit requirements available in a language
other than English."
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB 396A.pdf |
HRES 4/17/2024 1:00:00 PM |
HB 396 |
| HB 396 Sponsor Statement Version A.pdf |
HRES 4/17/2024 1:00:00 PM |
HB 396 |
| HB 396 Sectional Analysis ver A 4.17.24.pdf |
HRES 4/17/2024 1:00:00 PM |
HB 396 |
| HB 396 Letters of Support 4.17.24.pdf |
HRES 4/17/2024 1:00:00 PM |
HB 396 |
| HB 396 BGCSB Workgroup Proposal Supporting Document.pdf |
HRES 4/17/2024 1:00:00 PM |
HB 396 |
| HB 396 Fiscal Note #1 DNR.pdf |
HRES 4/17/2024 1:00:00 PM |
HB 396 |
| HB 396 Supporting Document Owsichek v. Guide Licensing & Control Bd. 10.21.1988.pdf |
HRES 4/17/2024 1:00:00 PM |
HB 396 |
| HB 396 Powerpoint Presentation 4.17.24.pptx |
HRES 4/17/2024 1:00:00 PM |
HB 396 |
| HB 396 Fiscal Note #2 F&G (WC).pdf |
HRES 4/17/2024 1:00:00 PM |
HB 396 |
| HB 396 Fiscal Note #3 F&G (BOFG).pdf |
HRES 4/17/2024 1:00:00 PM |
HB 396 |
| HB 329 AM1.pdf |
HRES 4/17/2024 1:00:00 PM |
HB 329 |
| HB 251 AM1.pdf |
HRES 4/17/2024 1:00:00 PM |
HB 251 |