Legislature(2003 - 2004)
03/05/2004 03:35 PM Senate RES
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SB 282-RESTAURANTS ETC DISCLOSE WILD/FARMED FISH
CHAIR SCOTT OGAN called the Senate Resources Standing Committee
meeting to order at 3:35 p.m. Present were Senators Thomas
Wagoner, Ben Stevens, Kim Elton and Chair Scott Ogan. Senator
Georgianna Lincoln arrived at 3:36. The first order of business
to come before the committee was SB 282.
SENATOR KIM ELTON, sponsor, said that currently finfish and
farmed salmon are to be identified on the label for retail
businesses. SB 282 extends that same notion to restaurants by
requiring their menus to state whether fish it is selling in a
prepared food product is wild fish or farmed fish. The
definition of retail food establishments does not cover
restaurants on cruise ships or bunkhouses at remote construction
sites, but does include restaurants that serve food to the
general public and carts that sell food on the sidewalks and
streets.
SENATOR ELTON explained that page 4, line 14, says that wild
fish "is harvested from a river or an ocean" and Senator Dyson
had suggested inserting "lake". He noted that the fiscal note
was a bit of a surprise to him, but provides for a new staff
person at the Department of Environmental Conservation (DEC) for
restaurant label enforcement. He noted:
When we passed the bill applying the labeling
requirements at the retail level, there was no fiscal
note. The difference between that bill and this bill
is the word "may" and "shall". I'm working with the
department to try and figure out a way that we end up
with the same fiscal note we got when the retail
labeling law was passed. I would also note that the
fiscal note does provide for an additional position at
DEC and informally through staff I have been told that
it doesn't take a full position even though a full
position is noted in the fiscal note. So, I don't
think it's a big problem, Mr. Chair.
CHAIR OGAN said he has a philosophical problem with mandating
that businesses reprint menus with correct labeling and asked
Senator Elton if he had any input from the public about printing
new menus.
SENATOR ELTON replied that he has not heard from the private
sector on how this would impact their business. He didn't think
it would be a problem, because farmed fish that is sold at the
restaurant level is labeled as fresh and is on the daily menu,
not the standard menu. He said this isn't a health bill, but
simply a consumer awareness bill that fits in with the country
of origin labeling being discussed at the federal level.
MS. KRISTIN RYAN, Director, Division of Environmental Health,
DEC, said that complaint investigation would increase the
division's workload and she is working with Senator Elton to
change that language. She anticipates getting frequent calls
from Alaskans who are concerned that restaurants aren't
following the rules. The only other issue she has with the bill
is the definition of a food service establishment, which is
different in SB 282 than in current regulation.
SENATOR WAGONER asked if DEC could include with their regular
restaurant inspections checking menus to make sure the labeling
is correct to avoid hiring another person to do that.
MS. RYAN retorted that her division does perform inspections,
but not at the frequency that is necessary to insure food
safety.
CHAIR OGAN asked why current inspections couldn't verify the
source of the fish. "It would take another two minutes per
visit."
MS. RYAN replied that the inspectors could and would do that,
but there would be many more calls from the public than
scheduled inspections during which the information would be
checked. She added that another bill, HB 378, would add a
protection attorney to Chapter 17 to enforce labeling and
misbranding problems that are not health safety issues.
MS. ELISE HSIEH, Department of Law (DOL), said the country of
origin labeling [7 USC 16.38(a)(3)] could possibly preempt SB
282 if it passed because it says that country of origin notice
must also include whether fish is wild or farmed. Legislation
was already passed with the USDA creating regulations that must
be in place by September 30, 2004. The bill specifically
excludes restaurants, which leaves the question of whether
Congress intentionally made a policy decision to prevent
restaurants from constantly having to change their menus
depending on the source of their fish, which changes from day to
day. The feds could argue that consumer interest in the product
is not enough to overcome hindrance of interstate commerce.
These are common arguments made in Congress for the RBSP
labeling for milk and different grades of apples, etc. Current
law does not require labeling of fish that is wild, but merely
says "may" be labeled for wholesale and retail business.
SENATOR ELTON said:
I would love it if we were preempted by the feds - for
two reasons. One is we don't need to have the state
enforce it. So there is no state cost. But my
understanding is that the federal country of origin
labeling does exempt restaurants.... If their regs
cover this, that's great.... But I think we need to do
it now.
He said he would continue to work with DEC on use of the words
"may", which he thinks is essentially toothless, and "shall".
MS. HSIEH agreed with his position and informed the committee
that AS 17.20 deals with that issue.
SENATOR ELTON moved, on page 4, line 14, to add ", lake,". There
were no objections and it was so ordered.
SENATOR WAGONER wanted to zero out the fiscal note and move the
bill.
SENATOR ELTON assured committee members that he would work with
DEC on the inspection issue no matter what happens with the
fiscal note.
SENATOR WAGONER moved CSSB 282(RES) with attached fiscal note
and individual recommendations. There were no objections and it
was so ordered.
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