Legislature(2001 - 2002)
05/01/2002 09:49 AM Senate FIN
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
CS FOR SENATE BILL NO. 353(RES)
"An Act relating to the labeling of animal and poultry feeds
and to the agriculture program coordinator; and providing for
an effective date."
This was the second hearing for this bill in the Senate Finance
Committee.
Senator Ward noted Senator Olson's intent to change the funding
source for this legislation from general funds to receipt supported
services funds.
Senator Olson informed he has spoken to industry representatives to
get their input on this bill, as the legislation would impact them.
KEN SHERWOOD, Alaska Mill and Feed Company, testified via
teleconference from off-net site that he does not oppose this
legislation because the company complies with the labeling laws of
the State of Washington. He expressed he would like the
requirements to be identical to federal regulations. He was
concerned that the language in the bill is "vague".
DENNIS GREEN, Owner, Green and Son, testified via teleconference
from an off-net site in Delta Junction about the activities of the
company. He stated he would prefer the legislation not be enacted
at this time, as it would place a "strain" on those affected. He
understood a statute would be necessary at some point, but
requested a delay.
ROBERT THOM, Budget Feed and Farm Store, testified via
teleconference from an off-net site in Palmer that the company has
been producing feed in Alaska for 25 years. He stressed the need to
regulate feed imported into the State. He spoke of chemical
additives used to "boost" the protein content of feed, which Alaska
manufacturers are currently unable to produce but this legislation
would allow.
Senator Olson asked for clarification of whether the previous
witness favored or opposed the legislation.
Mr. Thom indicated he supports the legislation.
HERB SIMON testified via teleconference from an off-net site in
Nelchina that he has been manufacturing and selling feed for 25
years. He opposed the bill because it requires "manpower increases
in the overall State structure", which he asserted is
"diametrically opposed" to an appropriate legislative mandate. He
was unfamiliar with the organic farming and weed control portions
of the bill. He asserted the feed manufacturing industries would be
unable to comply with the new statutes because of a lack of
infrastructure and the time involved to obtain laboratory results
on the exact protein content. He continued that Alaska has been
known as a "dumping ground" for outdated feed products and he
surmised the protein content listed on product labels would be
considerably less because the protein level reduces quickly,
especially if the product is not properly stored. He opposed the
imposition of mandated standards that are impossible to achieve.
PETER FELLMAN, Staff to Representative John Harris, testified via
teleconference from Delta Junction that although Alaska has a
"truth in labeling" law, there is insufficient manpower in the
Division of Agriculture to enforce it. This legislation, he
stressed, would provide staff to implement the existing law. He
informed of the laboratories available to perform nutrition
testing. He remarked if feed is properly stored as instructed on
the package, the nutrition level should be maintained. He spoke to
the lack of labeling requirements in Alaska that are present in
every other state. He surmised that if a manufacturer is producing
nutritional feed, there should be no problem with complying with
these provisions. He asserted that those feeding pets and farm
animals have a right to know that the feed purchased is nutritious.
Senator Leman asked if the witness agreed with the fiscal note that
a full time position is necessary to implement this statute or
whether the duties could be shared with existing staff or a part
time staff.
Mr. Fellman told of the three duties this legislation would create
and agreed that one full-time position is unnecessary for each
duty. However, he noted the combination of the duties would amount
to the necessity of a full-time position.
Senator Leman asked if one person could be found who is qualified
to perform all three duties.
Mr. Fellman replied this is possible and emphasized that successful
performance of the duties would require good organization and
attention to detail. He qualified some training would be required
to educate the employee about testing feed samples and to become a
organic certifier. He informed this training is not difficult.
Co-Chair Kelly referred to Section 5 of the bill relating to civil
liability that increases the amount of the fines levied. He asked
the purpose of changing this provision from regulatory to
statutory.
Mr. Fellman was unprepared to respond to this issue and offered to
research the matter.
PHIL KASPARI Cooperative Extension Service, University of Alaska-
Fairbanks, testified via teleconference from Delta Junction that he
is available to address questions relating to noxious weeds.
Co-Chair Kelly suggested Senator Leman and Senator Olson work with
Senator Green on revising the fiscal note.
Senator Leman expressed his intent to review the workload of the
proposed position, as it did not appear to require full time
attention.
Co-Chair Kelly indicated hesitation to change the fiscal note
without input from the bill's sponsor, Senator Green, who was
absent from this meeting due to illness.
Senator Leman addressed the amendment he had offered at the prior
hearing for this bill, which was adopted and which changed the
effective date of the new position. He pointed out the adoption of
regulations does not conform to this change and that a correction
is necessary.
AT EASE 10:12 AM / 10:14 AM
Amendment #1: This amendment provides that Section 7 of this
committee substitute, which stipulates that this legislation does
not apply to meat, fish or poultry, take effect July 1, 2002. This
amendment also inserts a new Section 14 to provide that Section 8,
AS 03.60.006. Agriculture program coordinator, of the committee
substitute take effect January 1, 2003.
Senator Leman moved to rescind action taken at the previous hearing
to adopt this amendment.
There was no objection and the action adopting this amendment was
RESCINDED.
Senator Leman offered a motion to withdraw this amendment.
The amendment was WITHDRAWN without objection.
Amendment #2: This amendment inserts a new Section 14 to provide
that Section 1 and Section 8 of the committee substitute take
effect January 1, 2003. Section 1 relates to AS 03.05.010(a)(7)
establishing requirements for the labeling of animal an poultry
feeds, and Section 8 adds a new section to AS 03.60: AS 03.60.006.
Agriculture program coordinator.
Senator Leman announced he would NOT OFFER this amendment.
Amendment #3: This amendment provides that Sections 1 and 8 take
effect January 1, 2003.
Senator Leman moved for adoption.
The amendment was ADOPTED without objection.
Senator Wilken referenced page 1, line 12 of the bill and asked if
farmed shellfish would qualify as a raw or processed aquiculture
product under the organic certification provision of this
legislation.
Mr. Kaspari understood that aquatic products are not included in
the provisions of this legislation and deferred to Mr. Wells for
confirmation.
ROBERT WELLS, Director, Division of Agriculture, Department of
Natural Resources, testified via teleconference from off-net site
in Palmer that the Department of Environmental Conservation has
responsibility over the inspection of meat and seafood products. He
stressed this legislation only addresses land-based, terrestrial
products, i.e. vegetables, etc.
Co-Chair Kelly ordered the bill HELD in Committee.
AT EASE 10:18 AM / 10:18 AM
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