Legislature(2021 - 2022)BARNES 124
03/30/2021 08:00 AM House COMMUNITY & REGIONAL AFFAIRS
Note: the audio ![]()
and video ![]()
recordings are distinct records and are obtained from different sources. As such there may be key differences between the two. The audio recordings are captured by our records offices as the official record of the meeting and will have more accurate timestamps. Use the icons to switch between them.
| Audio | Topic |
|---|---|
| Start | |
| HB22 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 22 | TELECONFERENCED | |
HB 22-SHARED ANIMAL AND RAW MILK/PRODUCTS
8:03:43 AM
CO-CHAIR HANNAN announced that the only order of business would
be HOUSE BILL NO. 22, "An Act relating to shared animal
ownership; and relating to the sharing and sale of raw milk and
raw milk products."
8:04:16 AM
REPRESENTATIVE GERAN TARR, Alaska State Legislature, as prime
sponsor, presented HB 22 with a shared PowerPoint presentation.
She showed slide 2, which illustrates Alaska's food insecurity,
with 95 percent of food imported from outside the state. Alaska
can produce more; 67 percent of farmers surveyed by the Division
of Agriculture would produce more if they had more market
options. The slide mentions a $5 challenge, and Representative
Tarr said upcoming speakers would address that topic. While
showing slide 3, she noted that at the time of statehood, 1959,
Alaska had 525 farms and was producing about 49 percent of its
agricultural product. She said the state has a strong history
of dairy farming, dating back to about 1867, for example, Juneau
has a road named "Old Dairy [Road]" where dairy farms used to
exist. Currently there are only two dairy farms in Alaska. She
explained that dairy operations, and farming in general, are
intensive in terms of the capital required for a startup. The
proposed legislation seeks to allow dairy farmers to start small
and, if they choose, to increase in size up to becoming a full
grade A dairy.
8:07:40 AM
REPRESENTATIVE TARR turned to slides 5-7 to illustrate that the
herd share program addressed under HB 22 is allowed by
Regulation 18 AAC 32.010 and requires a contractual
relationship. Each individual that participates becomes an
owner of one of the animals, which allows them access to the
fluid milk product. The proposed regulation would put the herd
share program into statute, which gives it a permanency which is
important to those considering investment. She noted that
currently a dairy is allowed to share only the fluid milk
product, and some people are not interested in that product but
would be interested in ice cream or butter or yogurt or cheese.
Further, she pointed out that sometimes animals produce more
fluid milk than customers need; the proposed legislation would
allow the dairies to make other products with the excess, all
through the herd share program. She noted that a copy of a
contractual agreement was available in the committee packet, and
she indicated that it involves "informed consumer choice."
8:09:59 AM
REPRESENTATIVE TARR, in response to Co-Chair Hannan, explained
that "grade A dairy" is a U.S. Department of Agriculture (USDA)
certification required for sale of milk products in retail
outlets. She remarked that the herd share program is geared
toward a smaller operation. In response to a follow-up
question, she said she is not aware of any other operational
dairies beside the two listed on slide 4: The Havemeister Dairy
in Palmer and the Baptist Mission Heritage Farm in Kodiak. She
added, "There are a couple others that are trying to scale up
and become operational."
8:11:52 AM
REPRESENTATIVE TARR, in response to a question from Co-Chair
Schrage, said she does not know the exact number of herd share
participants but there are a number of operations. She noted
dozens of letters of support have been submitted from
participants throughout the state.
8:13:03 AM
REPRESENTATIVE TARR, in response to a question from
Representative McCabe regarding the history of pasteurization,
explained that people used to live close to their milk source,
but when farming became rural, milk had to be transported.
Because this change occurred "pre-refrigeration," the product
became unsafe. The response was the requirement for
pasteurization. She said in herd shares, people are involved in
the health of their animals. She indicated that the issue of
raw milk [going bad] occurs very infrequently.
8:15:42 AM
SUZY CROSBY, Cottonwood Creek Farm, continued the PowerPoint
presentation started by the bill sponsor. A photo of goats
shows on slide 9. Slide 10 lists the following reasons for goat
raising: ease of handling; digestibility of goat milk; minimal
infrastructure; simple cleanup; and goats are the "missing link"
between pets and livestock. Slide 11 explains the reason for a
herd share is that goats: can help "pay their way"; connect
consumers with producers; satisfy the need for "loca-vores" to
consume food grown locally; provide the freedom of choice; and
provide food security. Ms. Crosby showed a photo of empty
retail grocery chill shelves during the pandemic, on slide 12,
and then contrasted that with the photo on slide 13 of the full
shelves of chilled product at her farm during the same time
period.
MS. CROSBY talked about what herd share is and is not, which is
shown on slides 13 and 14. Herd share is: legal in Alaska
under regulation; currently restricted to fluid milk only, which
HB 22 seeks to expand; sustainable through community supported
agriculture (CSA); and requires a commitment and monthly herd
share maintenance fee. Ms. Crosby explained the fee goes toward
the care and feeding of the animals and affords the herd share
member a share of the milk produced by those animals. She
emphasized the importance of "knowing your farmer." A herd
share is not: the grocery store but is a weekly commitment;
making cheese or other products yet, but HB 22 seeks to change
that. She said HB 22 would allow value-added products within
the definition of the herd share relationship.
8:20:02 AM
MS. CROSBY directed attention to slides 15-17, which address
safety and sanitation. She emphasized the importance of a clean
milking location, washing hands, and using a pre-milking
antibacterial spray. She said Cottonwood Creek Farm does milk
by machine but does a "final service" by hand and uses a post-
milking "dip" that keep the goats' udders clean and free from
bacterial infection. Once the goats are milked, she imparted,
hand washing is again emphasized. She talked about a "sharp
dividing line between poop and food." She said the milk is
filtered and put into chilled containers and rapidly chilled in
ice buckets in the refrigerator, then to the shelves in the
refrigerator, and then out to the customer. Ms. Crosby noted
that the milk is clearly marked such that if there ever is a
problem, the farm can determine on which day and from which goat
the milk originated. She indicated the importance of educating
the shareholders. She said the returned jars are run through
the dishwasher at the farm before being filled again. The next
few slides Ms. Crosby showed were photos of products she made,
including queso fresco, feta with sundried tomatoes, and chevre.
MS. CROSBY concluded with slide 21, which lists the following
benefits that would be brought under HB 22 to consumers, as
follows [original punctuation provided]:
Freedom to make food choices without restriction
Having a variety of dairy options besides milk
Access to digestible products for those
intolerant to commercial dairy
Many consumers prefer ready-made vs. DIY
Growing preference for unique locally
made/artisan food
MS. CROSBY then noted the benefits to producers, which read on
slide 22 as follows [original punctuation provided]:
Allows for best usage of seasonal surplus milk
Farmer can buy more hay per gallon of milk (goats
eat even during their dry period!)
Specialty products would still be available in
winter even when fluid milk production drops
MS. CROSBY displayed slide 23, which lists how HB 22 would offer
benefits overall, as follows [original punctuation provided]:
Help strengthen Alaska's fragile food system
Help prevent food waste
Expand Alaskan agriculture by offering a new
business opportunity for farmers
MS. CROSBY concluded by asking the committee to "please, free
the cheese!" by supporting HB 22.
8:25:11 AM
REPRESENTATIVE MCCABE began a line of questioning by professing
that he is not adverse to [HB 22] and is "a huge fan of anything
that helps our farmers move past the excessive regulations."
MS. CROSBY responded to Representative McCabe's questions. She
said her farm got its first goats in 2000 and its first herd
share participant in 2003. In that time there have been no
reported illnesses from anyone drinking the farm's goat milk.
As to whether doing away with the requirement that milk [sold in
retail stores] must be pasteurized, she said she wonders whether
there would be restrictions imposed on raw milk sales, and she
indicated that such restrictions "wouldn't help herd share at
all." She said goats produce milk regularly and herd share
participants pick up the milk on a schedule, unlike a grocery
store, where people buy milk or not with no schedule. She said
the consistency is helpful to her farm. She added that she
would want to study regulations of raw milk before forming an
opinion. In further response to Representative McCabe, she
expressed willingness to talk outside of the meeting regarding
New Hampshire's raw milk regulations, as well as those in Maine,
Utah, North Dakota, and Wyoming. She noted that there have been
no surges in illness since raw milk has been allowed.
8:29:51 AM
AMY SEITZ, Executive Director, Alaska Farm Bureau, offered
historical background on the Alaska Farm Bureau, which is the
largest organization for agriculture in Alaska, as well as
nationally, the purpose of which is to improve the agricultural
well-being and expansion of agriculture, as well as to enrich
the quality of life for all Alaskans. She emphasized the grass
roots of the bureau. She began her portion of the ongoing
PowerPoint presentation [slides 26-33], turning to slide 27,
which shows two graphics. One states that the number of Alaska
farms grew 30 percent over the past five years. The other
graphic states that the value of food sold directly to consumers
increased from $2.2 million in 2012 to $4.5 million in 2017.
She talked about the challenges unique to Alaska and stated,
"So, it's important to have policies in place that can foster
the growth and expand access to local food options, and HB 22 is
one way we do this."
8:33:00 AM
MS. SEITZ brought attention to slide 28, regarding food
security. She pointed out that Alaskans spend roughly $2
billion on food annually; 95 percent of purchased food is
imported; and Alaskans are at the mercy of the weather and the
shipping systems when it comes to the availability of food. As
shown on slide 29, she pointed out that if every Alaskan spent
$5 a week on Alaska grown food, the impact would be $188
million. She said a challenge is in play that encourages every
Alaskan to do so.
MS. SEITZ directed attention to slide 30, "Covid Impacts," which
provides some quotes related to the effects of the pandemic on
the food supply chain; farmers were producing, but there were
bottlenecks in the system. Policies put in place were
challenging. The grocery store shelves in Alaska were empty.
The issues of rising prices and food not being readily available
are still factors. She mused at how creating an infrastructure
and establishing policies five years ago would have improved the
current situation.
8:37:55 AM
MS. SEITZ moved on to slide 31, which illustrates Alaska's dairy
production. Recalling a previous question, she said while she
does not have the exact number of herd shares in Alaska, she
does have the 2017 agricultural farm census, which shows that
there were 27 farms with milk cows, 39 farms with milk goats,
and two grade A certified dairies. The inserted chart shows
that Alaska needs 28 million pounds of milk to meet demand for a
90-day period; current production in Alaska for 90 days is 3.3
million pounds. She said Alaska has a way to go, and any
increase in milk, butter, cheese, or other dairy product in the
state will help the state become more self-reliant. As shown on
slide 32, she advised that HB 22 would increase opportunities
for value-added products, would promote expansion in dairy
products, and would increase access to local foods. She said
the herd share program would be an option and a chance for
people to know their farmers. Further, it would allow for
products to be available during slow times of liquid milk
production and would give people who do not drink liquid milk an
option for other dairy products [produced locally].
MS. SEITZ reviewed the points she had made, showed her contact
information on slide 33, and offered to answer questions.
8:41:54 AM
MS. SEITZ, in response to Representative McCarty, said she could
not give the exact numbers regarding how many acres and food is
needed to supply food for animals, but did say that any time
livestock numbers increase it does give animal feed producers
the opportunity to increase their supply. She related that land
is available for expansion. In response to follow-up questions,
she confirmed that there are conservation reserve programs,
which protect land. She stated, "Whether it's the discussion of
capturing carbon or saving land for the future options of
farming, ... I think until someone is ready to start production,
conserving it is ... a good option." To the concern of whether
there is sufficient land that can be made available and federal
money being spent to pay farmers to sit on land, she responded
that the concern she hears more about is good land being
developed into housing.
8:46:01 AM
CO-CHAIR HANNAN suggested the farmers slated to testify could be
asked about the availability of feed produced in Alaska.
8:46:39 AM
MS. SEITZ, in response to a question from Representative McCabe
about illnesses associated with [consumption of products
purchased through] herd shares, said other than one issue in
2010 or 2011, she is not aware of any others.
8:48:02 AM
MS. SEITZ, in response to a question from Representative
Drummond about land west of Nenana recently made accessible by
the construction of a bridge, confirmed that there is "a lot of
excitement to see how it's going to come to fruition." It is
currently raw land.
8:52:03 AM
AMY PETTIT, Executive Director, Alaska Farmland Trust, prefaced
her portion of the shared PowerPoint presentation [slides 34-47]
by taking an on-the-spot survey inquiring who had eaten locally
and who had not eaten locally and then exclaiming, "Perfect,"
adding that "that's what we're doing this morning; HB 22 is all
about access to local food." She brought attention to slide 36,
which states that the Alaska Farmland Trust's mission is to
protect agricultural land, promote the agricultural industry in
many ways, and educate the public through hearings, social
media, and radio storytelling.
8:55:01 AM
MS. PETTIT directed attention to slide 37 and emphasized the
growth in agriculture in Alaska. Based on the aforementioned
census, she related that from 2012 to 2017 the number of Alaska
farms grew by 30 percent, which is counter to the national trend
of a 3 percent decrease in the number of farms. As shown on
slide 38, she said Alaska is leading the nation in new farms.
She noted that 46 percent of Alaska farmers have less than 10
years of farming experience. As shown on slide 39, she reported
that the number of small farms comprising one to nine acres is
up 73 percent. She emphasized that farmers do not need a lot of
space to grow food in Alaska. She noted that the proposed
legislation would change a specific area of the industry but
remarked that "a rising tide floats all boats" and indicated
that HB 22 would pave the way for various size farms to "scale
up" in size. As shown on slide 40, she stated that 47 percent
of Alaska farmers are women, as compared to the national average
of 27 percent. She further related that between 2012 and 2017,
the value of food sold directly to consumers increased from $2.2
million to $4.5 million, as shown on slide 41. She asked
members to consider what other industry saw that level of growth
in five years. She moved on to slides 42 and 43, related the
short title of HB 22, and said the bill is about access,
removing barriers, developing economies, and expanding
production.
MS. PETTIT expressed appreciation for Representative McCabe's
effort to establish the safety of raw milk. She pointed out
that when someone gets sick from eating food from a salad bar in
a local restaurant, neither the restaurant nor the "salad bar
industry" gets shut down for a decade, whereas the last time
someone became ill from drinking raw milk was over one decade
ago, and yet access to the product is still being restricted.
Ms. Pettit said her language of love is cheese. She remarked it
is absurd that she has cheese in her refrigerator from a farm in
Oregon but cannot buy Ms. Crosby's cheese made in Alaska. She
said HB 22 would remove restrictions and allow access to
products. The final slides showed a pin design she said she
would send to the bill sponsor to distribute to legislators,
some local color promoting Alaska grown food for the next
generation, and Ms. Pettit's contact information.
9:02:37 AM
MS. PETTIT, in response to a question from Co-Chair Schrage,
offered her understanding that there are raw milk products going
over state lines.
9:03:24 AM
CO-CHAIR HANNAN opened public testimony on HB 22.
9:03:53 AM
MARLENE WENGER related that she and her husband have been
farming in the Copper River Valley since 1985 and are involved
in the Copper River Valley Bureau. She said they run a country
store which carries as many Alaska products as possible. During
the pandemic, the products they order from Costco were not
available, but the local products were. She encouraged the
support of agriculture and farmers in Alaska. Regarding the
previous question about feed, Ms. Wenger said she and her
husband raise their own hay, buy their grain from Delta, support
Alaska Hay and Feed, and raise and sell beef and pork. She
expressed her support of legalizing all raw dairy products, even
though she noted that she cannot sell it in her store. In
response to Representative McCabe, she confirmed that if she
could sell it in her store, she would. In response to Co-Chair
Schrage, she relayed that she and her husband run Wenger's
Country Store.
9:06:54 AM
TERRY SNYDER testified in support of HB 22 as a consumer, not
farmer. She talked about the importance of self-sufficiency in
food productivity, made especially apparent by the pandemic.
She admired that the bill is modeled after successful programs
in other states that are using best practices. She asked the
committee to pass HB 22 out of committee.
9:08:40 AM
CIANA THOMAS said she is a farmer by day and trucker by night.
She said "we" move approximately $10,000 in Delta grains through
a transport co-operative to the Matanuska-Susitna ("Mat-Su")
Valley every month. She said she has "a modest fiber and meat
block of sheep" but is still a herd share owner for winter milk
with the goat dairies. She is also an inspector. To a previous
query as to the possible benefit of selling to the public, she
explained that would require that the government would have to
step in as inspector. She said she does not oppose that, but
would not want the result to be the elimination of herd shares,
because the herd shares are a community activity. She pointed
out that she can trust her herd master to handle her farm's
liquid milk; she can take that liquid milk to a knowledgeable
friend to make that milk into a value-added product; but
currently she cannot ask her herd master to do so. She opined
that that is silly, since the herd master has been a trusted
part of the process, and further the herd master consumes the
product and, thus, has a vested interest in keeping the product
pure so no one would get sick from it. She said she would like
to see the restriction [lifted] that is preventing the herd
master from adding value to her product.
9:12:29 AM
LARAE SMITH related that she currently is a consumer and, having
recently bought a farm, will soon be a producer. She emphasized
her support of HB 22 for the benefits it would bring to the
state and the country. She said she was previously in Idaho,
which she indicated had less strict laws regarding raw dairy
products, which allowed local farmers to supply people with food
during the pandemic. She said she thinks [HB 22] would help
local farmers, which would then benefit the local food supply
source. She said she loves the idea of farmers being able to
create products from their [liquid milk]. She echoed the idea
shared by Ms. Thomas that the connection of the farmer to the
food results in a vested interest in making sure the food is
safe.
9:14:53 AM
MILENA SEVIGNY shared that her son is allergic to cow's milk,
and she became a herd share member to have access to local fresh
raw [goat] milk. She said she can visit the farm at any time.
She said as an employee at a shipping company at the Port of
Alaska, in Anchorage, she sees how quickly the state's food
supply can get cut off. She characterized the state of the
port's infrastructure as dire and said the port is a critical
infrastructure by which a majority of food is imported in
Alaska. She related that because of stronger winter storms,
there has been an increase in delays in the arrival of shipped
products. She indicated this is another reason, beside the
pandemic, that shelves in stores have been empty, and she
encouraged support of any means by which to increase food
security in Alaska and to make it easy for residents to have
local food options.
9:17:27 AM
ARTHUR GRISWOLD, Golden Heart Dairy, said he runs a jersey dairy
and produces milk to over 60 regular herd share customers who
pay for membership as well as product. He said growth is faster
than the dairy can produce milk to customers currently. He
said, "We want to see this thing get straightened out, so we
don't have to have these contracts with our customers to protect
ourselves." Mr. Griswold called himself a peddler who wants no
interference from the federal government in selling his product,
which he said usually is cleaner than the "dead milk" people buy
from Outside. In response to Co-Chair Hannan, he said 100
percent of his feed comes from Alaska.
9:21:50 AM
ASHLEY EBENAL, Owner, Little Patch of Heaven Farm, said her farm
offers eggs, whole butchered chickens, pork boxes, fresh
vegetables, and goat milk shares. She said she knows there is a
small risk in allowing sales of raw milk products, but she
remarked there is also a risk in allowing the sale of produce
under the cottage food laws of Alaska, yet the state allows the
sale of the produce. She said both grower and buyer are taught
how to properly handle and wash produce. She said this is not a
matter of whether it is safe but rather whether the government
should be allowed "to decide for us." She said her customers
would like to be able to buy product through the herd shares.
She emphasized that farmers work tirelessly to provide fresh,
healthy choices for Alaskans, and they want to be able to do it
legally and safely. She said she knows Alaskans make educated
decision and love their freedom, and she urged the committee to
give people the choice to decide for themselves. She added that
her farm uses almost all local feed for its livestock; all but
the medicines/vaccinations for her goats is local. She said her
hay comes from Delta. She said the state has "huge amounts of
property set up for farming." She said the number of farms
going up for sale are the result of farmers' inability to get
their products to customers legally. She said HB 22 would allow
the legal provision of products and encourage farmers to invest
in land and scale up their operations.
9:24:36 AM
TARA LUCAS spoke about a dairy her husband's family had, with
products sold in Petersburg until requirements became too
restrictive. She indicated she and her husband enjoyed the
health benefits of goats' milk when they had goats, and now
would like to be able to buy it from someone. She stated
concern about overregulation. She said she would like the
opportunity to decide for herself.
9:27:54 AM
GINA JOHNSON testified in support of HB 22. She said she is
able to buy local goat milk, but it has been pasteurized, and
raw milk is more nutritious. She said goat milk is just one
molecule different from human milk. She pointed out that babies
drink their mother's milk without it being pasteurized. Not
having to import a milk product would make it that much more
nutritious, she said. She talked about keeping the money in
state. In conclusion, she encouraged a "yes" vote on HB 22.
9:29:37 AM
CO-CHAIR HANNAN, after ascertaining that there was no one else
who wished to testify, closed public testimony on HB 22.
9:30:07 AM
REPRESENTATIVE MCCARTY asked whether passage of HB 22 would
create any challenges for the Department of Environmental
Conservation.
9:30:41 AM
ROBERT GERLACH, DVM, State Veterinarian, Office of the State
Veterinarian, Division of Environmental Health, Department of
Environmental Conservation (DEC), answered that the department
has no regulations regarding herd shares; the state has required
herd share operators to have a contract with their herd share
owners. Part of the reason for that requirement was so that the
herd share owners would know the producer and be able to
evaluate the product by going to the farm. In response to a
follow-up question, he clarified that HB 22 would not increase
the DEC's work other than working with the Division of Public
Health to do follow-up work in the event there was "an
outbreak."
9:31:47 AM
CO-CHAIR HANNAN noted there is a zero fiscal note attached to HB
22.
9:32:06 AM
REPRESENTATIVE MCCABE asked Dr. Gerlach whether an amendment to
HB 22 that would allow direct sale from a milk producing farm -
whether cow or goat - without a contract or herd share program
would impact DEC by requiring inspections, and therefore impact
the fiscal note.
DR. GERLACH answered that that would potentially impact DEC's
operation. He said it would depend on the regulations
associated with the sale and distribution of raw milk. He
explained that currently the state allows the sale and
distribution of grade A milk, which provides background
regulation for the safety of the product, the containers, and
the handling and processing of the product through the
commercial chain to the consumer, and the health of the animals.
If raw milk was going to be under such a regulated process, then
that would have an impact on DEC.
9:34:35 AM
CO-CHAIR HANNAN stated her intent to put HB 22 aside and hear it
again later for amendments.
9:35:08 AM
REPRESENTATIVE TARR expressed excitement at the interest in HB
22 across the state expressed through public testimony.
9:35:25 AM
CO-CHAIR HANNAN announced that HB 22 was held over.