Legislature(2003 - 2004)

03/03/2004 03:30 PM Senate RES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                SB 281-GENETICALLY MODIFIED FISH                                                                            
                                                                                                                                
VICE CHAIR WAGONER announced SB 281 to be up for consideration.                                                                 
                                                                                                                                
4:55 - 4:57 - at ease                                                                                                           
                                                                                                                                
SENATOR KIM ELTON, sponsor, said that  SB 281 is a proactive bill                                                               
that provides  that labeling  identify genetically  modified (GM)                                                               
fish  and fish  products, which  are defined  as "foods  in which                                                               
genetic  structure has  been altered  at the  molecular level  by                                                               
means  that   are  not  possible  under   natural  conditions  or                                                               
processes."  This bill  addresses concerns  raised by  consumers,                                                               
people  in  the environmental  community,  people  in the  health                                                               
community and  Alaska fish marketing  groups. It  requires Alaska                                                               
retailers  to  identify  and  label   food  containing  fish  and                                                               
shellfish products that have been  genetically modified. The bill                                                               
is  similar to  and based  upon legislation  introduced in  other                                                               
states,  like  Oregon  and  California,  and  it  comes  to  this                                                               
committee and  to the Legislature  with the unanimous  support of                                                               
the Joint Legislative Salmon Industry Task Force.                                                                               
                                                                                                                                
SENATOR  ELTON  noted  that genetically  modified  fish  are  not                                                               
allowed   in  the   marketplace   currently.   However,  SB   281                                                               
anticipates future  entry into the  consumer markets as  the Food                                                               
and Drug  Administration (FDA)  has a  pending proposal  to allow                                                               
the production  of a genetically  modified salmon. He  noted that                                                               
country of  origin labeling legislation  is now  being considered                                                               
in Washington, D.C.                                                                                                             
                                                                                                                                
SENATOR  DYSON said  he appreciated  Senator Elton  bringing this                                                               
issue forward.  He asked  what labeling SB  281 would  require of                                                               
frozen or fresh salmon, not in a container.                                                                                     
                                                                                                                                
SENATOR  ELTON replied  that most  retail outlets  identify fresh                                                               
fish on a placard.                                                                                                              
                                                                                                                                
     My  intention would  be that  it be  identified on  the                                                                    
     placard.... I do think  Alaska consumers are relatively                                                                    
     sophisticated and any  retail outlets... caught selling                                                                    
     genetically modified fish, I  would think that's almost                                                                    
     a self-policing  kind of a  thing. The  difficulty that                                                                    
     Alaska consumers  have is  mostly [with]  packaged fish                                                                    
     and  shellfish that  are coming  from... other  foreign                                                                    
     countries.  The  intent  would  be to  label  it  on  a                                                                    
     placard.  That's probably  the least  likely place  for                                                                    
     this to enter the marketplace in Alaska.                                                                                   
                                                                                                                                
SENATOR DYSON respectfully disagreed,  because he has seen farmed                                                               
fish  being sold  as  fresh  fish in  both  restaurants and  meat                                                               
markets.                                                                                                                        
                                                                                                                                
     I  see  genetically modified  fish  coming  out of  the                                                                    
     farms as one  of the first assaults  we'll have.... I'm                                                                    
     not sure your  bill makes it really clear  that if it's                                                                    
     not packaged, it should be  placarded. I won't hold the                                                                    
     bill up for that....                                                                                                       
                                                                                                                                
He asked  what Senator Elton  intended for  fish that is  sold in                                                               
restaurants.                                                                                                                    
                                                                                                                                
SENATOR  ELTON agreed  that if  Alaska gets  genetically modified                                                               
fish, it  would probably be  through the  farm system. He  may be                                                               
too optimistic, but  in coastal communities he  is familiar with,                                                               
when a retailer is selling  unpackaged farmed fish, there's a lot                                                               
of pressure and  he thought that pressure would  double or triple                                                               
if it were GM.  He said the bill just covers  retail fish, but he                                                               
would double check on that.                                                                                                     
                                                                                                                                
SENATOR  RALPH SEEKINS  asked  what the  state's  remedy was  for                                                               
misbranding.                                                                                                                    
                                                                                                                                
SENATOR  ELTON replied  that  is  a problem.  Current  law has  a                                                               
labeling  provision  for  retail  fish.   "It  is  a  problem  of                                                               
enforcement." He  expected that  people would  notice mislabeling                                                               
and report  it to the  department and hoped that  retailers would                                                               
choose to follow the law.                                                                                                       
                                                                                                                                
CHAIR OGAN arrived at 5:10 p.m.                                                                                                 
                                                                                                                                
SENATOR  SEEKINS  said  it  seems   that  intentionally  or  even                                                               
unintentionally  mislabeling food  is an  unfair trade  practice.                                                               
For instance, it  would be an unfair trade practice  if he sold a                                                               
used car as a new car.                                                                                                          
                                                                                                                                
     When it comes to the  health of individuals, we rely on                                                                    
     DEC and a  few other things like that.  But having come                                                                    
     from the  retail sector myself,  I wonder why  if we're                                                                    
     really  serious.... why  we  don't  do treble  damages,                                                                    
     cease and desist orders and  a few things like that....                                                                    
     What would really compel me not to comply?                                                                                 
                                                                                                                                
SENATOR ELTON agreed with him  completely. The existing situation                                                               
is that it would not be an  attempt to deceive if the law doesn't                                                               
require you to identify it. So  the issue is being raised to that                                                               
level.                                                                                                                          
                                                                                                                                
TAPE 04-20, SIDE A                                                                                                            
                                                                                                                                
SENATOR SEEKINS  asked if a  statement could be  inserted stating                                                               
that violation of this bill  constitutes an unfair trade practice                                                               
under AS 45.50.                                                                                                                 
                                                                                                                                
SENATOR  ELTON responded  that he  would consider  that, but  the                                                               
problem  is that  this  is  a fairly  large  area.  Section 1  is                                                               
existing  law.  The  only  thing  that  is  being  added  is  the                                                               
genetically modified component.                                                                                                 
                                                                                                                                
     If we  did decide to  do that,  I would think  it would                                                                    
     require  a great  deal of  discussion with  all of  the                                                                    
     other  elements that  are covered  already in  existing                                                                    
     statute and that's a pretty  big bite to chew off right                                                                    
     now.                                                                                                                       
                                                                                                                                
MS.  KRISTIN RYAN,  Director, Division  of Environmental  Health,                                                               
Department of  Environmental Conservation (DEC), said  SB 281 has                                                               
a zero  fiscal note because  the FDA has not  allowed genetically                                                               
modified fish to  be sold in the country, yet.  However, a fiscal                                                               
note  would  be  associated  with enforcement  if  the  FDA  does                                                               
approve it  in the  future. She  informed them  that HB  378 puts                                                               
many stipulations on  misbranding in this chapter  as a violation                                                               
of the Fair Trade Practices Act.                                                                                                
                                                                                                                                
SENATOR  LINCOLN moved  to  pass  SB 281  out  of committee  with                                                               
individual recommendations  and accompanying fiscal  notes. There                                                               
were no objections and it was  so ordered. There being no further                                                               
business  to  come  before  the  committee,  VICE  CHAIR  WAGONER                                                               
adjourned the meeting at 5:15 p.m.                                                                                              

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