Legislature(2021 - 2022)BUTROVICH 205
04/19/2022 01:30 PM Senate HEALTH & SOCIAL SERVICES
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| Audio | Topic |
|---|---|
| Start | |
| HB62 | |
| HB184 | |
| SB216 | |
| SB184 | |
| SB242 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 62 | TELECONFERENCED | |
| += | HB 184 | TELECONFERENCED | |
| += | SB 216 | TELECONFERENCED | |
| += | SB 184 | TELECONFERENCED | |
| *+ | SB 242 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
SB 242-EXEMPTIONS FOR FOOD PRODUCTS
2:12:52 PM 55
CHAIR WILSON reconvened the meeting and announced the
consideration of SENATE BILL NO. 242 "An Act relating to
exemptions for the purchase and sale of certain food products
for home consumption under the Alaska Food Freedom Act."
2:13:28 PM
At ease.
2:15:00 PM
CHAIR WILSON reconvened the meeting and recognized Commissioner
Jason Brune.
2:15:17 PM
JASON BRUNE, Commissioner, Department of Environmental
Conservation, Anchorage, Alaska, said he would like to yield his
time to Commissioner Vincent-Lang to provide opening remarks as
Co-Chair of the governor's initiative on food security.
2:15:57 PM
DOUG VINCENT-LANG, Commissioner, Alaska Department of Fish and
Game (ADF&G), Juneau, Alaska,
If we learned one thing one thing from COVID, it's
just how vulnerable our state is to disruptions in
food supply. Food shelves across Alaska were bare and
supplies were short all across the state. This was
especially true in Rural Alaska. Alaskans became
really aware of how dependent we are on food
deliveries from outside Alaska. In essence, we have
less than a week's supply of some food items,
especially perishable items. Without resupply,
shortages did occur and will likely occur into the
future. This resulted in increased awareness
surrounding the issue of food security across our
state.
In response, Governor Dunleavy has issued an
administrative order establishing a food security task
force to evaluate this issue and to make
recommendations how best to increase our state's food
security. Membership on this taskforce is being
recruited and if anyone is interested in serving,
please apply to the Office of Boards and Commissions
in the Governor's Office. I also understand the Alaska
legislature is considering establishing a task force
to address this important issue.
We also have a bill you're hearing today on the table.
We support this as one means to increase food security
across our state. This bill provides exemptions for
the purchase and sale of certain food products for
home consumption. The purpose of this act is to allow
producers to sell homemade food products to an
informed end user and to encourage the expansion of
homemade food sales at farmers markets, agricultural
fairs, ranches, farms, and producers homes to informed
end users by providing Alaskans with unimpeded access
to food from known sources.
In addition to other undertakings, this will lessen
dependency on outside food sources thereby improving
food security across our state. This bill exempts the
sale of seafood and game meat. That said, we
understand one element of food security is the
importance for our wild populations of fish and game
resources to Alaskans. Alaskans directly harvest fish
and game through subsistence, personal use, and sport
fishing and hunting regulations. They also access
these resources by purchasing commercially harvested
Alaskan seafood products. Last week I saw direct
marketing of cod fillets. Also, in most coastal
communities one can directly purchase Alaska seafood
at the docks. We need to explore more options for
making Alaska's commercially caught salmon available
throughout Alaska.
In closing, I urge your support for this bill. I also
support your participation in the Governor's food
security task force.
2:19:14 PM
COMMISSIONER BRUNE began the PowerPoint presentation, SB 242:
Alaska Food Freedom Act. He spoke to the points on slide 2:
Increasing Alaska's Food Production and Sales
• 95% of food purchased in Alaska is imported.
• The ongoing pandemic has demonstrated how fragile
the Alaskan food supply chain is.
• Governor Dunleavy is committed to addressing this
issue through the creation of the Food Security &
Independence Taskforce (AO 331).
• Creating broader opportunities for small
homebased businesses to make and sell food
products will provide more local food options.
• Building a food secure Alaska will also open the
doors to greater economic opportunities for home-
based businesses.
COMMISSIONER BRUNE stated that the task force looks forward to
working with the legislature to build a more secure Alaska that
has more economic opportunities that will help home-based
businesses and Alaskans thrive.
2:20:54 PM
CHRISTINA CARPENTER, Director, Division of Environmental Health,
Department of Environmental Conservation (DEC), Anchorage,
Alaska, highlighted that the governor put forward a $25 million
capital appropriation to increase food security for the
agricultural industry. This appropriation and SB 242 offer a
multi-prog approach to increase food security in Alaska.
MS. CARPENTER discussed slide 3:
National Legislation
• Most states have cottage food laws, which allow
the sale of homemade non-potentially hazardous
foods directly from producer to end consumer.
• Alaska has had cottage food regulations in
place since 2012.
• Food Freedom Laws expand cottage food exemptions
to allow the production of potentially hazardous
foods in a home kitchen without regulatory
oversight.
• Wyoming passed the first Food Freedom Law in
2015.
• Since then, Maine, North Dakota, and Utah have
passed similar acts.
She stated that food freedom laws allow the direct sale of foods
that require time and temperature controls. These products are
made in home kitchens that are not permitted or inspected, and
they must be sold directly to the end consumer.
2:23:27 PM
MS. CARPENTER reviewed the definitions of potentially and non-
potentially hazardous foods outlined on slide 4:
Food Category Definitions
• Potentially hazardous foods are foods that
require time or temperature control to reduce the
risk of contaminants (pathogens, toxins, etc.)
that could cause foodborne illness.
• Direct sale between the producer and end
consumer.
• Examples heat treated fruits and vegetables,
fresh herb-in-oil mixtures, meat, and products
made with dairy.
• Non-potentially hazardous foods are foods that do
not require time or temperature control.
• Direct sale has been allowed since 2012. Now
expanded to allow retail sales.
• Examples pickles, fresh fruits and
vegetables, coffee beans, and popcorn.
2:25:21 PM
MS. CARPENTER paraphrased the bullet points on slide 5:
Alaska's Food Freedom Act (AFFA) Overview
• Exempts most homemade food from labeling,
licensing, packaging, permitting, and inspection
requirements.
• Codifies DEC's existing cottage food regulations
in statute and expands exemptions to allow retail
sales of non-potentially hazardous foods.
• Creates an "animal share" arrangement that would
exempt meat producers from oversight if certain
conditions are met.
• Alaska's Food Freedom Act would be the least
restrictive in the nation because it allows
limited retail sales and the creation of an
"animal share" exemption.
2:26:22 PM
MS. CARPENTER stated that the next three slides serve as the
sectional analysis. They discuss what the bill does and provide
examples of what is and is not exempted under the legislation.
She reviewed slide 6:
SB 242: Alaska Food Freedom Act
• AS 17.20.331 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.
• Potentially hazardous foods will be allowed for
direct sale between the producer and end
consumer.
• Non-potentially hazardous foods are now
expanded to allow retail sales.
• Food products must be produced and sold in
Alaska. No interstate commerce allowed.
• Producer can make up to $250,000 in gross sales
annually.
• Does not allow the purchase of meat or meat
products, seafood, controlled substances, oil
rendered from animal fat, and game meat.
MS. CARPENTER highlighted that the administration would consider
a friendly amendment to eliminate the $250,000 cap on the annual
gross sales for producers.
2:28:12 PM
CHAIR WILSON asked if the administration had discussed this with
the sponsor and already had an amendment for the committee to
consider.
MS. CARPENTER answered that the administration had done neither,
but would be happy to do so.
2:28:37 PM
SENATOR BEGICH said the description of the hazardous and
nonhazardous foods caused some concern. He added that he liked
the $250,000 cap because if would eliminate the possibility of
industrial production of products that would not be subject to
inspection. He asked how the administration was justifying what
seemed to be an effort to relinquish the constitutional
responsibility to protect the health and safety of citizens.
COMMISSIONER BRUNE answered:
I think the emphasis that we have is on an informed
end consumer, and putting the onus on them. Yes we do
have a responsibility but we believe that the products
we're talking about that are included in this bill
will still meet that intent of protecting public
safety, but at the same time ensuring that the food
freedom opportunities that are out there will exist
for Alaskans to be able to make informed decisions as
they make those purchasing decisions.
2:30:28 PM
CHAIR WILSON said the response caused him pause because it was a
buyer beware warning for Alaskans who might decide to buy this
food.
SENATOR BEGICH agreed.
2:30:44 PM
SENATOR HUGHES wondered about the legal implications of a
producer selling product that doesn't have to be labeled
directly to an end user. She said she didn't see anywhere in the
bill that the producer would be freed of responsibility if the
end user were to get sick.
MS. CARPENTER confirmed that the bill did not speak to
liability. She described that as part of being an informed end
consumer in a direct-sale transaction.
2:32:22 PM
SENATOR HUGHES said she supports the concept, but the consumers
need to understand there is some risk. She asked whether the
administration had considered a requirement for labeling that
mentions the potential risk.
2:33:29 PM
MS. CARPENTER responded that the bill has some transactional
requirements for potentially hazardous foods; the producer has
to inform the purchaser that the products are not manufactured
in an inspected kitchen.
SENATOR HUGHES said she'd look at that language. She reiterated
that she generally believes this is a great idea.
2:34:53 PM
SENATOR BEGICH said he too is generally supportive of the
concept, but his concern is that the average end consumer will
not necessarily be informed. He also questioned whether this
might expose these food producers to unrealistic liability. He
asked whether the administration had given this any thought.
2:36:31 PM
COMMISSIONER BRUNE offered his belief that the general public is
smarter than he is in making decisions about whether or not to
buy these cottage food products. He also pointed out that
industrial food that is regularly inspected can be recalled
because it is determined to be unsafe.
2:37:45 PM
MS. CARPENTER continued the presentation with a review of slide
7:
SB 242: Alaska Food Freedom Act
• AS 17.20.332 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.
• Shared ownership must be established before the
animal(s) is slaughtered;
• Labeling requirements;
• No further sales or distribution allowed.
• AS 17.20.337 contains clarifications to the bill,
including
• DEC retains its investigative and regulatory
powers;
• State agencies may provide assistance,
consultation, or guidance at the request of the
producer;
• the bill shall not be construed as more
restrictive than applicable federal
requirements; and
• the bill does not affect any federal or local
laws.
2:39:35 PM
SENATOR REINBOLD read the first two bullet points under AS
17.20.337 and asked how that works when the producer is cooking
the food in their home kitchen. She wondered about the potential
for violating private property rights, calling it an oxymoron
for the government to say it was going to help by being Big
Brother watching over the producer's shoulder.
COMMISSIONER BRUNE pointed out that it says that any assistance,
consultation, or guidance a state agency provides would be at
the request of the producer.
2:41:35 PM
SENATOR BEGICH observed that the exceptions that start on page 4
line 20 are not about the department being invited into a
producer's home. That provision is about the department
retaining the authority to inspect and investigate, which gives
him reason to support the bill. He acknowledged Senator
Reinbold's concerns and asked Commissioner Brune what he could
say to allay her concerns.
COMMISSIONER BRUNE said the goal is to not go into a producer's
house, but if an outbreak were to occur, the department needs
the authority to do an inspection.
2:43:32 PM
MS. CARPENTER added that a lot of the work to investigate a
food-borne outbreak can be conducted over the phone. The
department regularly looks into complaints about a regulated
entity by first talking to the manager in charge to determine
whether the complaint was warranted. She assured the committee
that entering a private residence would be a last resort.
SENATOR BEGICH highlighted that the language in in paragraph (A)
on page 4, line 21 is restrictive. Nothing in the bill gives the
department the authority to enter a producer's home unless there
was a report of:
(i) foodborne illness, food caused injury, or death;
(ii) unsafe sanitary practices; or
(iii) misbranded or adulterated food;
He asked Ms. Carpenter if that was an accurate interpretation of
the language.
CARPENTER answered yes.
CHAIR WILSON asked if she agreed that this was not similar to a
no-knock warrant.
CARPENTER answered that is correct.
CHAIR WILSON asked her to continue the presentation.
CARPENTER turned to slide 8 and explained that it is a chart
that provides examples of products that would and would not be
allowed under the Alaska Food Freedom Act.
SENATOR BEGICH commented that he was sad that people were still
buying kombucha.
SENATOR REINBOLD voiced support for opportunities to buy
kombucha.
2:46:43 PM
CHAIR WILSON opened public testimony on SB 242; finding none, he
closed public testimony.
He noted that David Schade was available for questions.
SENATOR REINBOLD stated that she had tried for several years to
get disaster declaration bills to include information about
food, medical supplies, water, and communication. She opined
that with the current supply chain issues, this information has
become urgent. She asked what the director of the Division of
Agriculture would suggest to elevate the urgency of this issue.
2:48:35 PM
DAVID SCHADE, Director, Division of Agriculture, Department of
Natural Resources (DNR), Palmer, Alaska, stated that the
Dunleavy administration considers food security a high priority.
To this end, a task force is working on the issue, the
administration has proposed funding in the capital budget for
additional land sales for the Nenana-Totchaket project,
increasing seed opportunities for farmers, and continuing
existing grants and incentives in traditional agriculture and
mariculture. He offered to follow up with additional details.
SENATOR REINBOLD invited him to her upcoming townhall meeting.
2:50:14 PM
SENATOR HUGHES mentioned the $25 million capital appropriation
to increase food security for the agricultural industry. The
bulk was going to the Nenana-Totchaket Agricultural Project, but
$7 million was for incentive grants. The Mariculture Task Force
also has $25 million that it can decide how to spend. She said
her understanding was that mariculture producers could also
access part of the $7 million allocated for agriculture, which
was a concern. She also expressed concern that the state was
opening up this new agricultural area, potentially with roads
and utilities, when farmers in the Delta area were still
supplying their own utilities. She opined that if the state was
really interested in enhancing food security, the existing
agricultural producers potentially could produce more food
faster if they had access to utilities, than farmers just
starting out in the new area.
2:52:29 PM
MR. SCHADE responded that $8.5 million of the $25 million is for
electricity and infrastructure, but just $2 million is earmarked
for the Nenana-Totchaket Agricultural Project. The remaining
$6.5 million is earmarked for Delta, the Kobe Agricultural
Project, and others. Road and infrastructure projects are
planned and have started for all agricultural projects.
CHAIR WILSON asked Ms. Carpenter to confirm that the items
listed on slide 8 were examples; it was not an all-inclusive
list.
MS. CARPENTER agreed that the list was not all-inclusive.
SENATOR HUGHES asked if the individuals from the farm bureau who
were in the room could comment on the bill.
2:54:35 PM
At ease.
2:55:32 PM
CHAIR WILSON reconvened the meeting and asked for a description
of the Alaska Farm Bureau.
2:56:15 PM
SCOTT MURGRAGE, President, Alaska Farm Bureau, Soldotna, Alaska,
stated that the Alaska Farm Bureau advocates for legislation on
the state and national level that benefits farms. He deferred to
Amy Seitz to relay the mission statement.
2:57:00 PM
AMY SEITZ, Executive Director, Alaska Farm Bureau, Soldotna,
Alaska, stated that the Alaska Farm Bureau's mission is to
Improve the Economic Well-Being and Expansion of Agriculture
and to Enrich the Quality of Life for All Alaskans." COVID-19
made it abundantly clear that everybody is affected by issues
related to food. She added that the Alaska Farm Bureau is a
grassroots organization and as such the membership dictates the
bureau's position on policies.
MR. MURGRAGE said the bill raises concerns about liability for
these producers. There are standards to ensure food safety and
the bill appears to be a work around.
MS. SEITZ suggested the administration gather all the
stakeholders to discuss ideas about ways to expand markets and
increase sales without placing all the liability on the
producers. She said conversations will be important part of
working through this and similar bills.
3:00:13 PM
SENATOR HUGHES suggested that in a future hearing the committee
could hear legal remedies to release producers from liability
concerns.
CHAIR WILSON asked the department to provide someone to address
legal liability concerns.
3:01:03 PM
SENATOR COSTELLO asked whether the Alaska Farm Bureau had
visited Anchorage elementary schools at lunch time and observed
what is offered.
MS. SEITZ said she attended elementary school in Anchorage and
remembers the lunches but she had not been there recently.
SENATOR COSTELLO said she believes there is a growing number of
parents who would support a wholesale change to school lunch
programs, because it's heart breaking to see what schools
provide.
MS. SEITZ said the Alaska Farm Bureau has been trying to get
more local foods into school meal programs for some time.
SENATOR COSTELLO said she brought it up to bring awareness to
the fact that Alaskan children deserve better food than they're
being offered.
3:05:25 PM
CHAIR WILSON [held SB 242 in committee].
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 242 FN DNR 4.8.22.pdf |
SHSS 4/19/2022 1:30:00 PM |
SB 242 |
| SB 242 FN DEC EH 4.8.22.pdf |
SHSS 4/19/2022 1:30:00 PM |
SB 242 |
| SB242 Transmittal Letter.pdf |
SHSS 4/19/2022 1:30:00 PM |
SB 242 |
| SB 242 Sectional Analysis.pdf |
SHSS 4/19/2022 1:30:00 PM |
SB 242 |
| HB 62 Testimony 4.18.22.pdf |
SHSS 4/19/2022 1:30:00 PM |
HB 62 |
| HB 184 Ammendment 1 4.19.22.pdf |
SHSS 4/19/2022 1:30:00 PM |
HB 184 |
| SB 184 Work draft Version B.pdf |
SHSS 4/19/2022 1:30:00 PM |
SB 184 |
| SB 216 Bolling Follow Up 4.12.22.pdf |
SHSS 4/19/2022 1:30:00 PM |
SB 216 |
| HB 62 Work Draft Version I.pdf |
SHSS 4/19/2022 1:30:00 PM |
HB 62 |
| HB 62 Emancipated Minors Memo 4.18.22.pdf |
SHSS 4/19/2022 1:30:00 PM |
HB 62 |
| DEC SB 242 Food Freedom.pdf |
SHSS 4/19/2022 1:30:00 PM |
SB 242 |
| SB 184 Explanation of Changes v. B 4.19.22.pdf |
SHSS 4/19/2022 1:30:00 PM |
SB 184 |