Legislature(2015 - 2016)BARNES 124

03/27/2015 01:00 PM House RESOURCES

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Audio Topic
01:03:19 PM Start
01:05:00 PM Confirmation Hearing(s): Alaska Commercial Fisheries Entry Commission
01:20:10 PM Big Game Commercial Services Board
01:37:05 PM HB92
02:50:38 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Confirmation Hearings: TELECONFERENCED
- Alaska Commercial Fisheries Entry Commission
- Big Game Commercial Services Board
-- Invited/Public Testimony --
+= HB 92 LABEL GENETICALLY MODIFIED FOOD TELECONFERENCED
Heard & Held
-- Invited/Public Testimony --
+ Bills Previously Heard/Scheduled TELECONFERENCED
             HB  92-LABEL GENETICALLY MODIFIED FOOD                                                                         
                                                                                                                                
1:37:05 PM                                                                                                                    
                                                                                                                                
CO-CHAIR TALERICO  announced that the  final order of  business is                                                              
HOUSE  BILL NO.  92, "An  Act relating  to the  labeling of  food;                                                              
relating to  the misbranding of  food; requiring labeling  of food                                                              
produced   with  genetic   engineering;  and   providing  for   an                                                              
effective date."                                                                                                                
                                                                                                                                
1:37:28 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE TARR,  as sponsor, introduced  HB 92 and  offered a                                                              
PowerPoint presentation.   Referring to slide 1, "What  is a GMO,"                                                              
she  advised  that  genetically   modified  organisms  (GMOs)  are                                                              
plants  or animals  created using  the genetic  material from  two                                                              
unrelated species.   She  pointed out that  people have  long been                                                            
doing what is  classified as "traditional breeding"  which is from                                                              
organisms  of related  species  and it  can  be through  mutation,                                                              
insertion,  or  deletion  of  genes.    Addressing  slide  2,  she                                                              
advised that  the FDA  is reviewing  an Aqua Bounty's  genetically                                                              
modified  salmon   application.     The  company  would   like  to                                                              
genetically  modify an  Atlantic  Chinook Salmon  (King) with  the                                                              
genetic material  from an Ocean  Pout (an eel-like  fish), thereby                                                              
causing  a  growth  cycle  for an  extended  period  of  time  and                                                              
causing  the  salmon  to  grow to  approximately  four  times  its                                                              
normal size.  A  facility on Prince Edward Island  would raise the                                                              
eggs  and then  ship them  to South  America where  they would  be                                                              
grown  and  then  sold  for  consumption  in  the  United  States,                                                              
thereby calling  into question  the process  necessary to  produce                                                              
this, along with  economic issues.  She said  people are concerned                                                              
because  this  would be  the  first  time the  federal  government                                                              
allowed  a  genetically modified  animal  to  be eaten  for  human                                                              
consumption.  During  a previous legislative session  a resolution                                                              
opposing  the  application  of Aqua  Bounty  was  co-sponsored  by                                                              
almost every member of the legislature.                                                                                         
                                                                                                                                
1:40:56 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  TARR turned  to slide  3, advising  that a  GMO in                                                              
the plant world  is in two categories as a pesticide  producer and                                                              
the Bacillus  thurengiensis (Bt)  example on  slide 3, which  is a                                                              
naturally  occurring organism.   She explained  that by  inserting                                                              
it  into  the  plant  that  will  be  genetically  engineered,  it                                                              
actually functions  to produce its own pesticide.   "Roundup" is a                                                              
commonly  used herbicide  and  a  "Roundup-Ready"  plant has  been                                                              
genetically  engineered resistant  to that herbicide  application.                                                              
She pointed  out that  a person  sprays Roundup cautiously  around                                                              
their   plants,   but   Roundup-Ready   plants   are   genetically                                                              
engineered  in a manner  that the  herbicide  will no longer  kill                                                              
the plant.   Moving to slide  4, she addressed the  commonplace of                                                              
GMOs and the  concerns of people.   In 1994 GMOs were  approved by                                                              
the federal government  and Monsanto recruited botanists  from the                                                              
university where  she was a  botany student  to work in  its labs.                                                              
She  noted the  general  surprise of  people  that these  products                                                              
were approved  and have  quickly overtaken the  food system.   She                                                              
stressed that it  is a "right to know" issue and  people are being                                                              
completely left out of the process.                                                                                             
                                                                                                                                
1:43:07 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  TARR discussed  slide  5, pointing  out that  many                                                              
food products  contain  some of  the most widely  used GMO  crops,                                                              
such  as,  canola,  corn,  cotton,  soy,  alfalfa,  papaya,  sugar                                                              
beets,  zucchini  and  yellow  summer squash,  and  apples.    She                                                              
informed the  committee that  canola, corn,  soy, and  sugar beets                                                              
are  almost  exclusively  GMOs,  and  are  contained  in  familiar                                                              
packaged  food  products.    On February  13,  2015,  apples  were                                                              
approved,  and noted  that  during her  student  days was  advised                                                              
this  will address  the food  shortage problem,  and the  products                                                              
will   be   genetically   modified    for   nutritional   content.                                                              
Unfortunately,  she remarked,  over the  last 20  years they  have                                                              
been genetically  engineered with  the Roundup-Ready  feature, but                                                              
with  apples,  there  is  a non-browning  apple  feature  that  is                                                              
completely cosmetic  with no nutritional  content or flavor.   The                                                              
concern  is that  the focus  has not  been on  whether these  food                                                              
products are healthy.                                                                                                           
                                                                                                                                
REPRESENTATIVE  TARR  moved  to  slide  6  regarding  examples  of                                                              
Roundup-Ready  GMOs and  second-generation crops  and noted  there                                                              
is  now a  second generation  of crops  genetically engineered  to                                                              
have more  than one  trait of  being Roundup-Ready,  such  as also                                                              
being resistant to  another pest or herbicide.   Drawing attention                                                              
to slide 7, she  advised that efforts are taking  place around the                                                              
world and the United  States is not alone in calling  for a ban of                                                              
these  products or  call for  labeling.   She  explained that  the                                                              
United States  and Canada are quite  behind the curve  relative to                                                              
other countries  and, therefore, doing  this in the  United States                                                              
doesn't have to be  such a big issue as many  of the companies are                                                              
producing  the   same  products   and  selling  them   in  markets                                                              
requiring  labelling.   Japan,  Italy,  and Hungary  banned  these                                                              
products  and,  unfortunately,  wheat  products  from  the  United                                                              
States were  shown to  have some genetic  modification.   She said                                                              
that  even though  it  was  not approved  for  use  in the  United                                                              
States, it  caused the Japanese  market to suspend its  imports of                                                              
United States crops.   Therefore, not only are  there the public's                                                              
right to  know issues, but  also international export  issues, she                                                              
remarked.                                                                                                                       
                                                                                                                                
1:46:20 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE TARR  referred to slide  8 and indicated  laws were                                                              
passed  in  Vermont, Maine  and  Connecticut  requiring  labeling.                                                              
Interestingly, she  commented, Connecticut's law goes  into effect                                                              
when  four other  states have  passed laws.   She  pointed to  the                                                              
issue  that  food manufacturers  may  decide  they will  not  sell                                                              
products in Alaska  in that Alaska is a small state,  with a small                                                              
population, that grows  very little of its own food,  and has high                                                              
numbers  in purchasing  outside.   She suggested  that Alaska  may                                                              
consider Connecticut's  actions with the  idea to get  to critical                                                              
mass  in  that a  small  state  doesn't  carry  the burden.    She                                                              
pointed  out  that  narrowly  defeated  citizen  initiatives  were                                                              
tried  in California,  Washington  and Oregon,  and in  California                                                              
the opposition companies  spent approximately $46  million, and in                                                              
Washington  spent approximately  $20  million.   This  legislation                                                              
offers people  the right  to know, and  choices in food  products,                                                              
she  related.    She pointed  to  approximately  11  other  states                                                              
considering  right  to know  bills,  and that  over  the last  few                                                              
years  approximately  30  states   have  considered  some  measure                                                              
related to labeling genetically modified food products.                                                                         
                                                                                                                                
1:48:40 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE TARR  brought attention  to slide 9,  which depicts                                                              
the ingredient labels  that already appear on products.   She said                                                              
a genetically  modified  food products  labeling initiative  would                                                              
require an  asterisk or  a word.   Fish processors have  expressed                                                              
it could be  costly for them as  the companies order all  of their                                                              
cans a year in  advance, so when they place their  next order they                                                              
could have the product label updated.                                                                                           
                                                                                                                                
REPRESENTATIVE TARR  referred to slide 10, and  advised that under                                                              
the  USDA standard  for  organic  foods, organic  products  cannot                                                              
contain GMOs.  She  pointed out that organic foods  are costly and                                                              
out-of-reach   for  some   individuals  and,   therefore,  it   is                                                              
appropriate to call  for an affordable and available  standard for                                                              
everyone.   She  provided that  companies voluntarily  participate                                                              
in  the non-GMO  project,  which  is  a third  party  verification                                                              
program,  and in that  manner the  public is  advised the  company                                                              
offers  non-GMO products.   She  referred to  slide 11, and  noted                                                              
that  the food  availability  issue is  clearly  economics as,  in                                                              
this world,  a person will  not go hungry  if they have  the means                                                              
to purchase food, she remarked.                                                                                                 
                                                                                                                                
1:51:49 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  TARR  drew  attention  to  HB 92  and  provided  a                                                              
sectional analysis.   She noted that labeling under  AS 17, Alaska                                                              
Food,  Drug,  and  Cosmetic Act,  and  specifically  AS  17.20.040                                                              
relates  to misbranded  foods.   Section 1, of  the bill  provides                                                              
labeling  of  foods  wholly or  partially  produced  with  genetic                                                              
engineering,   with   certain   exemptions.     She   noted   that                                                              
Legislative  Legal and Research  Services  looked at other  states                                                              
thereby  offering  drafting  uniformity  in  this  process.    She                                                              
pointed out  that meat  raised on  genetically modified  corn feed                                                              
would not  require GMO labeling  and described it as  a compromise                                                              
position for Alaska  in that it is difficult to  buy organic feed.                                                              
She reiterated  that the  economic impact  and food purchasing  of                                                              
organic products  has skyrocketed over  the last decades.   People                                                              
have a  growing interest in  this issue and  HB 92 will  allow the                                                              
development of new markets, she opined.                                                                                         
                                                                                                                                
1:53:41 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE TARR  explained that Section  2, adds a  section to                                                              
the manner  in which food  is considered misbranded,  stating that                                                              
failure  to   comply  with  GMO   labeling  would   be  considered                                                              
misbranding.   Section 3, exempts  retail sellers  from compliance                                                              
with  labeling  requirements  unless   the  retailer  produces  or                                                              
manufactures  the food or  markets the food  under its  own brand.                                                              
For example,  she said, Fred  Meyer has  its own product  line and                                                              
would be  required to label  [GMOs].  She  remarked that  there is                                                              
no penalty  imposed on  a retailer  unknowingly selling  a product                                                              
with  genetically modified  ingredients,  and noted  there are  no                                                              
civil  or criminal  penalties in  this statute.   She pointed  out                                                              
that in  2005, former  Senator Kim Elton  passed a bill  regarding                                                              
mislabeling of  genetically modified fish  so it was  not included                                                              
in  HB  92.   Interestingly,  she  stated,  no civil  or  criminal                                                              
penalties  are associated  with failure  to [label],  but it  does                                                              
exist in the  Alaska Food, Drug,  and Cosmetic Act in  the case of                                                              
food  pantries,  food banks,  and  liability  regarding  resultant                                                              
sickness from food.                                                                                                             
                                                                                                                                
1:55:27 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  TARR  moved to  Section  4,  and advised  it  adds                                                              
definitions for  genetically modified  fish and fish  products, as                                                              
well  as  definitions  for processed  food  and  raw  agricultural                                                              
commodities.  Section  5, repeals previous provisions  of the food                                                              
misbranding  statute, and  Section  6, provides  for an  effective                                                              
date of January 1, 2016, she said.                                                                                              
                                                                                                                                
REPRESENTATIVE TARR  advised her presentation  addressed questions                                                              
from Representative  Hawker regarding  civil and criminal  penalty                                                              
issues,   and   fish   issues   addressed   in   Senator   Elton's                                                              
legislation,  and   the  effective   date.    She   suggested  the                                                              
committee  act with  caution on  these products  and pointed  to a                                                              
recent  New  York  Times  editorial  on  the  issue  of  GMO  food                                                            
products including  whether GMOs  are safe or  not.   She admitted                                                              
she cannot say  whether GMOs are unsafe as not  enough information                                                              
is  available, and  more studies  are  called for.   Many  studies                                                              
were short  term and  the research was  provided by  the companies                                                              
themselves, and not  a third party or verified.   She related that                                                              
the scientific  world does  the best  it can  with what  it knows,                                                              
and is learning new things every day.                                                                                           
                                                                                                                                
1:57:14 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE TARR  pointed to a March 20,  [2015], International                                                              
Agency   for  Research   on   Cancer  re-evaluated   research   on                                                              
glyphosate,   and   reclassified   it  as   a   [probable]   human                                                              
carcinogen.   Glyphosate is the  main chemical in Roundup  and the                                                              
Roundup-Ready  plants grown,  which the New  York Times  editorial                                                            
speaks  to.   She  explained  that  glyphosate currently  has  the                                                              
highest global production  volume of all herbicides  with millions                                                              
and  millions   of  pounds  of   this  herbicide   used  annually,                                                              
including  Roundup-Ready   plants.  She  again  referred   to  the                                                              
editorial  and  noted it  speaks  to  the idea  of  "precautionary                                                              
principle"  which   is  why  other   countries,  in   addition  to                                                              
requiring   labeling,  have   banned  some   of  the  GMO   crops.                                                              
Representative  Tarr  reiterated that  people  have  the right  to                                                              
know,  and  labeling  should  be required  of  companies  in  that                                                              
consumers  have a choice  in selecting  whether  they want  to eat                                                              
that product, or not.                                                                                                           
                                                                                                                                
1:59:07 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HERRON offered  that the  correct scientific  term                                                              
is transgenic and asked whether it is in the bill.                                                                              
                                                                                                                                
REPRESENTATIVE  TARR replied  that it  is not  as people  commonly                                                              
refer to genetically  modified organisms as GMOs.   She offered to                                                              
speak with  Legislative Legal and  Research Services  to determine                                                              
whether they think it would be an issue.                                                                                        
                                                                                                                                
REPRESENTATIVE  HERRON offered  that he is  concerned about  these                                                              
products,  and quiered whether  the legislation  could include  an                                                              
example  of  genetically  modified  corn  that  is  engineered  to                                                              
produce pesticides  in its own tissue.  Genetically  modified corn                                                              
is  regulated  by   the  EPA  as  an  insecticide,   but  is  sold                                                              
unlabeled.    He  related  that the  issue  is  disconcerting  and                                                              
agrees with  the labeling  aspect.  He  referred to  non-GMO third                                                              
party labeling  in that, he cautioned,  it happened at  the Alaska                                                              
Seafood  Marketing Institute  (ASMI) with  the Marine  Stewardship                                                              
Council  (MSC) labeling  as when  a  company did  not receive  its                                                              
approval,  the  company  received  an  "unfortunate"  label.    He                                                              
described it  as blackmailing  everyone, "give  us a fee  and then                                                              
we'll give you the stamps."                                                                                                     
                                                                                                                                
2:01:26 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE TARR  conveyed that a  food product being  eaten is                                                              
actually classified  by the federal  government as  an insecticide                                                              
because  it produces  its own pesticide  and  many believe  a step                                                              
should  be  taken back  when  considering  health problems.    She                                                              
related  that  testing  is  not  performed  on  humans  as  it  is                                                              
considered  unethical  and,  therefore,   cannot  be  said  it  is                                                              
causation.  She  suggested  that   studies  considering  long-term                                                              
impacts on  health problems should  be tracked over a  long period                                                              
of  time,   including  evaluating   life  styles,  and   different                                                              
circumstances  to determine  the correlations.   She offered  that                                                              
in  reviewing incidences  of  colon  cancers and  other  digestive                                                              
disorders,  they track  with  the introduction  of  GMOs over  the                                                              
last  20  years,  thereby claiming  a  correlation  of  increasing                                                              
rates of some of those problems.                                                                                                
                                                                                                                                
REPRESENTATIVE  TARR  stated that  Representative  Herron's  point                                                              
underscores the  need for a standard  applied to everyone  in that                                                              
a third  party was able  to change the  rules and exclude  people.                                                              
She advised  that the push  with this legislation  is to  create a                                                              
standard applied  evenly to  everyone and  causing a higher  level                                                              
of  confidence.   She indicated  that to  date approximately  2000                                                              
Alaskans  from  all over  the  state  have contacted  her  office,                                                              
participated  in events,  and expressed  support  mostly from  the                                                              
consumer right to know standpoint.                                                                                              
                                                                                                                                
2:04:23 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOSEPHSON  asked  where  in  the  legislation  the                                                              
enforcement provisions are located.                                                                                             
                                                                                                                                
REPRESENTATIVE  TARR  responded  that  enforcement  staff  is  not                                                              
envisioned, and  there are  no specific enforcement  [provisions].                                                              
She related that  yearly food safety inspections  are performed by                                                              
a limited  staff on a  few facilities so  it moved to  a voluntary                                                              
online reporting system.   Until the time the state  could take it                                                              
on, she suggested standards, as it is an evolving process.                                                                      
                                                                                                                                
2:05:14 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOSEPHSON   quiered  whether  there   are  studies                                                              
showing correlations  between food allergies or  sensitivities and                                                              
consumption of GMO foods.                                                                                                       
                                                                                                                                
REPRESENTATIVE  TARR answered  that  currently  there are  ongoing                                                              
human health  impact studies  and the  difficulty is that  science                                                              
requires  an extended period  of time.   She  noted that  the best                                                              
evidence  is  with  regard  to farm  workers  in  the  substantial                                                              
agricultural  area of  Central  California  where individuals  are                                                              
exposed  and isolated  in  a manner  others  are not.   The  Human                                                              
Genome Project, she  explained, was completed not long  ago and is                                                              
the  reference   library  to   genetic  material.     It   is  [an                                                              
international scientific  research project] researching  different                                                              
genetic  markers  and  identifying  genes that  can  be  impacted,                                                              
turned  on, or  turn  off.   She  advised  that the  World  Health                                                              
Organization  Report  on  Glyphosate  read  that  glyphosate  also                                                              
caused DNA  and chromosomal  damage in  human cells, although  the                                                              
negative  results  is in  tests  using  bacteria.   One  study  on                                                              
community  residents  reported   increases  in  blood  markers  of                                                              
chromosomal    damage,   the    macronuclei,   after    glyphosate                                                              
formulations were  sprayed nearby.  She presumes  that correlation                                                              
research  is generally  the best  as  tests are  not performed  on                                                              
humans.                                                                                                                         
                                                                                                                                
2:07:26 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HAWKER  referred  to slide  11,  "We Do  Not  Need                                                              
Monsanto," and asked whether this bill is an attack on Monsanto.                                                                
                                                                                                                                
REPRESENTATIVE   TARR  advised   that   some  could   characterize                                                              
Monsanto as  one of  a handful of  main companies producing  these                                                              
products and,  in that sense, Monsanto  has been identified.   She                                                              
pointed  out that  Monsanto has  been  the most  outspoken and  is                                                              
probably  the  main  target  for folks  opposed  to  the  products                                                              
altogether.                                                                                                                     
                                                                                                                                
REPRESENTATIVE  HAWKER   surmised  that  this  is   an  attack  on                                                              
Monsanto.                                                                                                                       
                                                                                                                                
REPRESENTATIVE  TARR characterized the  slide as concern  relating                                                              
to Monsanto's  food production and  whether the products  are safe                                                              
and healthy for human consumption and the environment.                                                                          
                                                                                                                                
REPRESENTATIVE  HAWKER referred  to  the politicized  material  in                                                              
Representative  Tarr's  handouts  and,  he noted,  with  no  valid                                                              
scientific  research  documentation   regarding  a  proven  health                                                              
concern to the degree Representative Tarr insinuates.                                                                           
                                                                                                                                
REPRESENTATIVE  TARR   responded  that  the  legislation   is  the                                                              
beginning   of  a  conversation   and  that   many  people   share                                                              
Representative  Hawker's position.   She pointed  out that  she is                                                              
not  stating with  certainty that  GMOs are  unsafe products,  but                                                              
supports  the  position  that  consumers  have  a  right  to  know                                                              
allowing  them to make  choices.   She reminded  the committee  of                                                              
the issue  regarding growth  hormones used in  milk, and  under AS                                                              
17.20.013 hormone  labeling is  required for  milk products.   She                                                              
remarked  that  the  issues  are   four  decades  old  in  federal                                                              
agencies regulating  these products.   Historically,  the Cuyahoga                                                              
River spontaneously  catching  on fire due  to chemicals  prompted                                                              
the creation of  those agencies, including the  idea that dilution                                                              
is the  solution to  pollution.   She noted that  part of  Ohio is                                                              
referred  to  as  a  "cancer belt,"  due  to  high  incidences  of                                                              
cancer.  A law  passed in 1996, "The Food Quality  Protection Act"                                                              
(FQPA),  read  that the  EPA  had  to  retest  a large  number  of                                                              
chemicals and used  children as the benchmark for  safety.  During                                                              
retesting  a  chemical  called chloripyrifos  was  discovered  and                                                              
banned  as  it   was  found  to  be  a  neuro-toxin   that  caused                                                              
neurological  problems  in  children.   Interestingly,  the  prior                                                              
year  it  was  widely used  chemical  of  11,000,000  pounds,  she                                                              
stated.                                                                                                                         
                                                                                                                                
2:11:02 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOSEPHSON said  he was reminded  of Gregor  Johann                                                              
Mendel and  the melding of colors  of tulips to form new  types of                                                              
tulips.   He  asked how  GMOs go  beyond anything  Dr. Mendel  did                                                              
that causes concern.                                                                                                            
                                                                                                                                
REPRESENTATIVE  TARR informed Representative  Josephson  that GMOs                                                              
are  the   unrelated  species   causing   concern,  and   not  the                                                            
traditional  breeding  where  varieties  are  chosen  due  to  the                                                              
colors, size, or flavor.                                                                                                        
                                                                                                                                
2:12:05 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  surmised that HB 92 is  not saying Monsanto                                                              
cannot make products,  but is saying GMOs must  be labeled thereby                                                              
allowing  people  opposed  to genetically  modified  products  the                                                              
ability to know and purchase products they desire.                                                                              
                                                                                                                                
REPRESENTATIVE TARR replied correct.                                                                                            
                                                                                                                                
REPRESENTATIVE  SEATON,  regarding the  issue  of no  enforcement,                                                              
asked   whether  misbranding/mislabeling   is  someone   knowingly                                                              
labeling  something falsely,  and  it would  be the  same kind  of                                                              
state  enforcement  of  fraud  for any  other  mislabeling.    For                                                              
example,  selling a  Ford  as a  BMW  would be  the  same type  of                                                              
action required if a person knowingly changing something.                                                                       
                                                                                                                                
REPRESENTATIVE  TARR  responded  yes,  and noted  a  person  could                                                              
pursue  legal  action  on  that  same matter.    She  advised  the                                                              
immunity   portion  applies   to   retail   sales  and   something                                                              
unknowingly happening.                                                                                                          
                                                                                                                                
2:13:38 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  NAGEAK  expressed more  concern  regarding  Franken-fish                                                              
than GMOs,  and that the discussion  of Franken-fish  morphed into                                                              
GMOs in  general.  He  opined that people  should not  worry about                                                              
other  things and  instead  continue  its concerns  with  Franken-                                                              
fish.    He  indicated it  is  the  federal  government's  purview                                                              
regarding  labeling foods  that  are either  bad for  a person  or                                                              
changed in some manner.                                                                                                         
                                                                                                                                
REPRESENTATIVE TARR  reminded the committee that  a resolution was                                                              
passed   expressing   the   legislature's   opposition   to   that                                                              
application,  and she recently  followed up with  the FDA  on that                                                              
issue.   Senator  Lisa Murkowski  is  a continuing  leader on  the                                                              
Franken-fish   issue  and  is   offering  bipartisan   legislation                                                              
requiring labeling  on Franken-fish.   She  related that  the hope                                                              
is that  state action  will inspire  federal  action when  it sees                                                              
enough states  considering this issue,  but there is a  concern of                                                              
a delay of several years.                                                                                                       
                                                                                                                                
2:16:57 PM                                                                                                                    
                                                                                                                                
MS.  ELAINE  BUSSE  FLOYD,  Director,  Division  of  Environmental                                                              
Health,  Department   of  Environmental  Conservation,   said  the                                                              
questions   regarding   enforcement   would   require   regulation                                                              
revisions  by  the  division  and  add  a  new  universe  of  work                                                              
incorporating the  bill.  She stated  there is no  reliable manner                                                              
to determine  the number of  operations currently exempt  from the                                                              
regulations   that   would   need   to  meet   the   GM   labeling                                                              
requirements.  She  explained that processors and  permits subject                                                              
to  this  include:  175  food  processors  not  including  bottled                                                              
beverages,  water, or  ice, and  470  seafood processing  permits,                                                              
and   approximately    520   permits   coded   as    retail   food                                                              
establishments,  and  13 food  banks.   Her  concern  is that  the                                                              
scope of  this would  be very large  as most of  the food  sold at                                                              
retail  is outside  of the  department's  regulated community,  so                                                              
the scope of its regulated community would expand.                                                                              
                                                                                                                                
2:19:04 PM                                                                                                                    
                                                                                                                                
MS. FLOYD  advised Representative  Hawker she  is the  Director of                                                              
the   Division    of   Environmental    Health,   Department    of                                                              
Environmental Conservation.                                                                                                     
                                                                                                                                
REPRESENTATIVE HAWKER  requested Ms. Floyd's personal  opinion, in                                                              
her  capacity  at the  Division  of  Environmental Health,  as  to                                                              
whether  there is  a  real and  material risk  to  the health  and                                                              
safety of Alaskans if HB 92 fails to pass.                                                                                      
                                                                                                                                
MS.  FLOYD responded  that  she "absolutely"  does  not find  that                                                              
genetically  modified  foods ...  that  labeling  is required  for                                                              
public  health.  She  reiterated  that if people  want foods  they                                                              
know  are not  genetically  modified,  the organic  label  already                                                              
exists.    Beyond  that,  she said,  the  FDA  has  only  required                                                              
labeling   of  genetically   modified   foods  if   the  food   is                                                              
significantly different  than what consumers would  expect of that                                                              
food.                                                                                                                           
                                                                                                                                
2:21:08 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  NAGEAK  pointed  to the  concern  years  ago,  regarding                                                              
sugar,  and noted  that  artificial sweeteners  were  substituted,                                                              
and  then  artificial  sweeteners   were  found  to  be  bad,  and                                                              
currently labeling  of the artificial sweeteners is  required.  He                                                              
opined that  the people do not know  what to trust or  expect from                                                              
artificial ingredients  as they  later discover those  ingredients                                                              
cause problems.                                                                                                                 
                                                                                                                                
2:22:38 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   SEATON   agreed   with   Co-Chair   Nageak   that                                                              
artificial  sweeteners are  bad  and if  there is  no labeling,  a                                                              
person  will  not  know  whether  the  artificial  sweeteners  are                                                              
present.    He opined  that  the  purpose of  HB  92,  is to  list                                                              
products  genetically modified  and  the consumer  will know  what                                                              
ingredients  are in  a product.    The legislature  looked at  the                                                              
problems with  Franken-fish as there  could be an  economic impact                                                              
for Alaska.   He said the  legislature does not know  what happens                                                              
when  inserting genes  from one  fish  into another  fish that  is                                                              
growing  and reproducing  at  different rates  and  sizes, and  it                                                              
does not  know the  effect it  will have  on children  eating that                                                              
fish.   He agrees consumers  should know  what they are  buying in                                                              
order  to decide whether  the government  told  the people  a good                                                              
story, or decide that [consuming GMOs] is not the thing to do.                                                                  
                                                                                                                                
2:24:11 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOSEPHSON  brought   up  the  history  of  putting                                                              
cocaine in  coca cola,  and smoking packs  of cigarettes  that are                                                              
benign and  harmless.  He  remarked that  with the history  of the                                                              
twentieth   century,  people   come  to   this  issue  with   that                                                              
background and it is an important factor to consider.                                                                           
                                                                                                                                
2:24:41 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HERRON surmised that  the proposed legislation  is                                                              
requiring labeling  of genetically  manufactured crops.   He asked                                                              
whether there  are safe  GMOs, and  whether all  have a  danger in                                                              
them.                                                                                                                           
                                                                                                                                
REPRESENTATIVE  TARR  answered  that  the GMO  crops  in  question                                                              
underwent short  term studies for  approval, and the  studies have                                                              
shown adverse  health impacts  on test  animals, laboratory  rats.                                                              
She  pointed  out  that people  advocate  precaution  due  to  the                                                              
number of  health problems  experienced and whether  it is  due to                                                              
the  food  they  eat.    She  emphasized   this  is  a  continuing                                                              
conversation as not  all of the answers are available  today.  She                                                              
remarked that the  most recent announcement underscores  the point                                                              
that  science does  the  best  it can  with  what  it knows  while                                                              
continuing research.   She indicated a reason for  concern is that                                                              
products, such as  glyphosate with million and  millions of pounds                                                              
used  annually,  was  re-evaluated  to  reveal it  is  a  probable                                                              
carcinogen based on science.                                                                                                    
                                                                                                                                
REPRESENTATIVE  HERRON  observed  the  title  of  the  bill,  "...                                                              
requiring  labeling  of  food produced  with  genetic  engineering                                                              
..." asked whether  all genetically engineering is  harmful as the                                                              
federal  government  has  approved   food  technologies  that  are                                                              
substantially  equivalent to  their  conventional counterparts  in                                                              
terms of  safety.   He questioned  whether genetically  engineered                                                              
has  to be  under  this  requirement,  or should  the  legislature                                                              
identify  genetically   engineered   products  known   to  contain                                                              
pesticides.   He asked whether  genetic engineering  is inherently                                                              
bad.                                                                                                                            
                                                                                                                                
REPRESENTATIVE   TARR   replied    she   would   not   make   that                                                              
characterization  as there  are examples  such as insulin  therapy                                                              
for diabetic  individuals, but  in this case  there is a  right to                                                              
know as  people do not  know whether the  products are safe.   She                                                              
conveyed that  she has  never seen  such an overwhelming  response                                                              
to  a  topic  in  that  many  individuals   are  calling  for  the                                                              
fundamental  right to  know, and  many people  are convinced  GMOs                                                              
are absolutely  unsafe.  She  pointed to the discussion  regarding                                                              
organics and  reiterated that  it is not  a financial  reality for                                                              
everyone.                                                                                                                       
                                                                                                                                
2:28:53 PM                                                                                                                    
                                                                                                                                
CO-CHAIR TALERICO opened public testimony on HB 92.                                                                             
                                                                                                                                
2:29:30 PM                                                                                                                    
                                                                                                                                
MINDY JULIAN  said she performed  extensive research on  GMOs, and                                                              
after  two years  of  hard work  this  legislation  is before  the                                                              
legislature.  She  opined that Alaskans have a right  to know that                                                              
there  are  dangers  to  GMOs.     Although,  she  noted,  generic                                                              
engineering  is not  inherently bad  as there  are good  elements,                                                              
but   streamlining   things   into  the   marketplace   for   food                                                              
consumption without  adequate testing is.   She advised  that GMOs                                                              
were entered into  the food supply with minimal  testing performed                                                              
and no outside  research on that  testing.  She indicated  that it                                                              
is known  almost every food product  at some level of  testing has                                                              
undergone genetic  modification.  She  said a person  can research                                                              
carrots   being  tested   for  something,   which  is   inherently                                                              
dangerous in  modifying and through  DNA change the  public's food                                                              
supply.  Under the  USDA rules, organic is only required  to be 95                                                              
percent GMO free.   She expressed that labeling  allows the public                                                              
to   have  a   choice  and   described   Alaskans  as   inherently                                                              
independent,  extreme, and  living on  the edge  because it  is an                                                              
extreme  environment.    She conveyed  that  several  states  have                                                              
passed labeling laws and Alaska would be proud to follow suit.                                                                  
                                                                                                                                
2:33:04 PM                                                                                                                    
                                                                                                                                
DONNA FAULKNER  said she and  her husband operate  Oceanside Farms                                                              
and  grow food  organically, but  are  not able  to write  organic                                                              
food on  their products  as becoming a  certified organic  farm is                                                              
very  costly  in  Alaska.    She pointed  out  that  in  terms  of                                                              
labeling, it  doesn't help  organic farmers  in Alaska  and people                                                              
should know  their farmers, farm,  and eat locally.   She remarked                                                              
that GMO  foods potentially  pose bad  health risks for  everyone,                                                              
and would like the  right to know what is in her  food at the cash                                                              
register.  She said  as a farmer and former biology  teacher, GMOs                                                              
are not good.   People are entitled to a safe food  supply and the                                                              
right to  make good choices.   She asked  for support  in labeling                                                              
and a person's right to know.                                                                                                   
                                                                                                                                
2:35:42 PM                                                                                                                    
                                                                                                                                
ROSS   MULLINS   said   he   supports   HB   92,   and   addressed                                                              
Representative  Hawker's attitude  toward  Monsanto and  described                                                              
it as  defensive about big  business.   He referred to  a Monsanto                                                              
product, "Agent  Orange" used during  the Vietnam War  was thought                                                              
to  be  safe,  but  is known  to  cause  cancer  in  many  Vietnam                                                              
veterans.     He  addressed   Co-Chair  Nageak's  comments   about                                                              
"Franken-fish"  which  is  a GMO  product.    When that  issue  is                                                              
converted  to  food crops  it's  the  same  issue in  that  Mother                                                              
Nature has  had her bag  of tools in  place for millions  of years                                                              
to provide a healthy  eco system for human beings.   He objects to                                                              
big business  dominating the  food business through  manufacturing                                                              
products unknown  in nature,  which is a  long term  debate moving                                                              
into  the future.    He offered  that  Monsanto  is attempting  to                                                              
capture the  market on  seed production in  that it  provided free                                                              
GMO  seeds to  African  countries with  the  assurance of  greater                                                              
productivity.    He  pointed  out   that  countries  have  finally                                                              
rejected the  seed as it deprived  them of the ability  to collect                                                              
seeds from  their mature crops  to replant  the next year.   There                                                              
are  thousands  of lawsuits  in  America  with small  farmers  and                                                              
fields adjacent to  planted Monsanto GMO corn who  are not allowed                                                              
to use  their own seed  corn for harvesting  seeds to  replant the                                                              
next year.   He stated  those farmers are  forced by  Monsanto and                                                              
these lawsuits to  buy seeds from Monsanto.  He  described this as                                                              
extremely  objectionable  and  an  imposition on  the  freedom  of                                                              
choice American consumers  have always had.  He  characterized the                                                              
modest step  of GMO  labeling as  an issue  of freedom  of choice,                                                              
and  Alaska  should get  on  board  with states  awaiting  support                                                              
nationwide.                                                                                                                     
                                                                                                                                
2:39:56 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  NAGEAK  clarified  that   the  GMO  Franken-fish  hasn't                                                              
arrived in Alaska and said Alaska doesn't want it here.                                                                         
                                                                                                                                
MR.  MULLINS stated  that currently  the wild  fish reputation  is                                                              
intact and  agrees with the  depiction that Franken-fish  would be                                                              
a disastrous  harm to Alaska salmon.   He pointed out  that farmed                                                              
fish are bad enough.                                                                                                            
                                                                                                                                
2:41:18 PM                                                                                                                    
                                                                                                                                
DAVID   OTTESON,  Business   Owner,   Rainbow   Foods,  began   by                                                              
explaining that  HB 92 would be  bad for his business  as he sells                                                              
organic food.   He advised his  personal stake in this  is because                                                              
genetically  modified  foods  are   fundamentally  different  than                                                              
anything  produced  prior.    The discussion  is  not  only  about                                                              
different  species,   but  actually  genetic   boundaries  between                                                              
different  kingdoms such  as,  inserting the  gene  of a  scorpion                                                              
into a tomato.   He defined  these actions as objectionable  on an                                                              
ethical and moral  level as the consumer has a right  to know, and                                                              
labeling  food  products  offers   the  consumer  the  ability  to                                                              
determine  whether  it  will,  or  will  not,  be  consumed.    He                                                              
emphasized  the consumer's  right  to know,  and summed  it up  as                                                              
transparency  in  food  products.     Monsanto  has  millions  and                                                              
millions of  dollars it could use  in advertising the  benefits of                                                              
GMOs, so what  is it afraid of,  he queried.  He pointed  out that                                                              
HB 92 is talking about labeling GMOs, not banning them.                                                                         
                                                                                                                                
2:43:15 PM                                                                                                                    
                                                                                                                                
JAMES  BARRETT  said he  supports  labeling  genetically  modified                                                              
foods.    He  offered   that  if  an  apple  is   modified  to  be                                                              
neonicotinoid   insecticide    resistant,   when    ingested   the                                                              
neonicotinoid   kills  good   bacteria   assisting  in   digesting                                                              
nutrients necessary  in a  person's body.   He related  his desire                                                              
that his  daughter  and other [young]  Alaskans  grow up with  the                                                              
ability to  know what they  are buying.   In order to  be informed                                                              
and educated, Alaskans  can lead on this issue  and start labeling                                                              
these products now, he expressed.                                                                                               
                                                                                                                                
REPRESENTATIVE  TARR pointed  out  that Mr.  Barrett's letter  was                                                              
received  just prior  the committee  hearing and  it was given  to                                                              
the committee aide.                                                                                                             
                                                                                                                                
2:45:42 PM                                                                                                                    
                                                                                                                                
CO-CHAIR TALERICO closed public testimony.                                                                                      
                                                                                                                                
2:45:48 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  NAGEAK   referred  to   his  ongoing  health   problems,                                                              
including food allergies,  and he stated it is  his responsibility                                                              
to evaluate  each ingredient  in every food  product he  buys, and                                                              
the same with each person.                                                                                                      
                                                                                                                                
2:47:49 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  TALERICO  referred  to  Representative  Tarr's  notation                                                              
that Alaska's  population  of 735,000  is a large  driver  for the                                                              
State of  Alaska and,  he noted,  possibly putting Western  states                                                              
together.   He said he appreciates  that Alaska is  "nobody's main                                                              
sales hub"  in the West and,  therefore, the companies  may decide                                                              
it would be easier  to just drop Alaska from the  supply chain and                                                              
surmised Representative Tarr would work on the issues.                                                                          
                                                                                                                                
REPRESENTATIVE  TARR responded  that  her desire  is  to strike  a                                                              
balance  in that  companies  are  comfortable and  it  is not  too                                                              
impactful for  businesses in  Alaska.  She  pointed out  that with                                                              
many  consumer  products,  what happens  in  California  basically                                                              
happens  for  all of  the  states  as  many  of the  products  are                                                              
prepared  in California  and sent  to Alaska.   She remarked  that                                                              
there could be  value in a requirement, as with  Connecticut, when                                                              
any other  four other states pass  their laws the  Connecticut law                                                              
goes  into  effect.   She  expressed  that  she  is very  open  to                                                              
suggestions.                                                                                                                    
                                                                                                                                
CO-CHAIR TALERICO held over HB 92.                                                                                              
                                                                                                                                

Document Name Date/Time Subjects
3.27.15 HRES AK Commercial Fisheries Comm. Benjamin Brown Resume.pdf HRES 3/27/2015 1:00:00 PM
3.27.15 HRES AK Comm Fisheries Entry Comm Confirmation - Alaska Statutes 16.43.010.pdf HRES 3/27/2015 1:00:00 PM
HRES Big Game Commercial Services Board - James Jones Resume.pdf HRES 3/27/2015 1:00:00 PM
HRES Big Games Commercial Services Board - Kelly Vrem Resume.pdf HRES 3/27/2015 1:00:00 PM
Big Game Comm Svcs Board Statutes & Regulations Oct 2014.pdf HRES 3/27/2015 1:00:00 PM
3.9.15 HRES HB 92 Graphic #1.pdf HRES 3/27/2015 1:00:00 PM
HB 92
3.9.15 HRES HB 92 News Article # 2.pdf HRES 3/27/2015 1:00:00 PM
HB 92
3.9.15 HRES HB 92 News Article # 3.pdf HRES 3/27/2015 1:00:00 PM
HB 92
3.9.15 HRES HB 92 News Article #4.pdf HRES 3/27/2015 1:00:00 PM
HB 92
3.9.15 HRES HB 92 News Article #5.pdf HRES 3/27/2015 1:00:00 PM
HB 92
3.9.15 HRES HB 92 Graphic #1.pdf HRES 3/27/2015 1:00:00 PM
HB 92
3.9.15 HRES HB 92 GMO Q & A.pdf HRES 3/27/2015 1:00:00 PM
HB 92
3.9.15 HRES HB 92 Sectional Analysis.pdf HRES 3/27/2015 1:00:00 PM
HB 92
3.9.15 HRES HB 92 Fiscal Note.pdf HRES 3/27/2015 1:00:00 PM
HB 92
3.9.15 HRES HB 92 version A.pdf HRES 3/27/2015 1:00:00 PM
HB 92
3.9.15 HRES HB 92 Sponsor Statement.pdf HRES 3/27/2015 1:00:00 PM
HB 92
3.27.15 HRES - UFA Support for Ben Brown for CFEC.pdf HRES 3/27/2015 1:00:00 PM
3.27.15 HRES HB 92 Consolidated Letters of Support.pdf HRES 3/27/2015 1:00:00 PM
HB 92
3.27.15 HRES HB 92 - AK Trollers Association Letter of Support.pdf HRES 3/27/2015 1:00:00 PM
HB 92
3.27.25 HRES HB 92 - Rep. Tarr GMO Presentation.pdf HRES 3/27/2015 1:00:00 PM
HB 92
3.27.15 HRES HB 92 NY Times Article.pdf HRES 3/27/2015 1:00:00 PM
HB 92
3.30.15 HRES HB 153 - AOC letter of support.pdf HRES 3/27/2015 1:00:00 PM
HB 153
3.30.15 HRES HB 153 - Palmer Hay Flats Current Land Status.pdf HRES 3/27/2015 1:00:00 PM
HB 153
3.30.15 HRES HB 153 - Palmer Hay Flats Proposed Boundary Change from BoG Prop 105.pdf HRES 3/27/2015 1:00:00 PM
HB 153