HOUSE BILL NO. 197 "An Act relating to the duties of the commissioner of natural resources; relating to agriculture; and relating to community seed libraries." 10:06:29 AM REPRESENTATIVE JENNIFER JOHNSTON, SPONSOR, thanked the committee for hearing the bill. She referenced the new committee substitute (CS) [yet to be adopted version M, see below for detail]. She shared that working on the CS had been a collaborative process that had made a good bill even better. She had heard significant support for the passage of the bill from agricultural local gardening communities. The bill would help to legitimize a growing movement in the state to further improve food security and self- sufficiency. She thanked the committee for hearing the bill and asked her staff to provide further detail. ELIZABETH REXFORD, STAFF, REPRESENTATIVE JENNIFER JOHNSTON, read from a prepared statement: The newest version of HB 197 reduces labeling and testing regulations for the exchange of small batches of commercial seeds. The bill will permit the Alaskan gardening and farming communities the opportunity to continue expanding seed sharing without breaking the law. We currently have far onerously labeling requirements in Alaska. The way the statute is currently written, any seed that is used at any capacity within the state has to go through or should go through the commercial process of extensive testing, germinating percentages, and labeling. The new requirements comparatively would be limited. The new labeling guidelines would require only a few sections: the seed's common name and name and address of the seed library. If treated with a toxic substance the labeling would require the statement "treated seed, not for consumption." As for signage in the library, the seed library would have to display the statement "not authorized for commercial use and not classified, graded, or inspected by the State of Alaska." The new fewer requirements for labeling is far less than the two pages of requirements we currently do have. As stated previously, Alaska has been experiencing a severe food security challenge. By passage of this bill, our community seed libraries will be able to confidently exist and grow into the future. Please join us in supporting HB 197. Rob Carter whom is the state's plant material center manager is online as our expert. Thank you for taking the time to hear this bill again. 10:09:09 AM Co-Chair Foster noted the committee had previously been joined by Representative Ortiz. Representative Wilson asked for verification the 100-pound limit in the bill meant that a person [could not give or exchange seed] exceeding more than 100 pounds at one time. She asked for verification that it was not an annual limit. Ms. Rexford answered that a 12-month limitation per person included in a previous bill version had been removed. Representative Wilson asked if the limit was based on a particular transaction in the current bill. Ms. Rexford answered in the affirmative. Co-Chair Seaton referenced language the summary of changes from bill versions A to M, specifying version M had removed the insertion of "commercial and noncommercial." He asked for clarification. Ms. Rexford answered that the specific language in the summary of changes had been an error. Representative Guttenberg spoke to the importance of the bill for encouraging gardens and early farmers. He appreciated the sponsor's work on the bill. He explained there was no need to regulate seed libraries "at that level" but they were still subject to regulations regarding noxious weeds and other things. He thought 100-pound per person limit seemed like a substantial amount. He asked for detail. He asked if the limit focused on one specific seed such as grass, alfalfa, hay, or other. Ms. Rexford answered that the sponsor had considered a few levels and numbers in terms of grams and pounds. She believed the figure had originally been 100 grams, which was far too small for the department to oversee and regulate. The level had been increased to 1 pound, which was also viewed as too low. The department had come up with a number to protect the public and agricultural communities against invasive species and other noxious plants. She discussed how the 100-pound limit had been calculated. It had been suggested by calculating the general broadcasting plant recommendation for the non-commercial planting of a cover crop used to improve soil health or to produce a crop such as oats or barley for 1 acre of feed or forage. In the future there may be several instances where the amount would exceed the 100-pound limitation, in which case, the current testing regulations would be followed. 10:13:19 AM Representative Guttenberg opined that a one acre lot bordered on commercial, but he was not certain where the break point occurred. He asked to hear from the Department of Natural Resources (DNR) at what point a low level seed library became commercial (due to size). ROB CARTER, MANAGER, PLANT MATERIALS CENTER, DIVISION OF AGRICULTURE, DEPARTMENT OF NATURAL RESOURCES (via teleconference), asked for a restatement of the question. Representative Guttenberg complied. He believed 100 pounds exceeded what he perceived a seed library to be. He viewed seed libraries as local gardeners with vegetable and garden patches. He stated that 100 pounds could be much more if it was for a family. He asked what a 100-pound limit included that a limit of 25 to 50 pounds could not have done. Mr. Carter answered that 100 pounds was a general broadcast planting rate for crops such as oats, barley, and wheat that an individual may utilize for a forage crop for their goats, cows, or other livestock. The department believed limitations were necessary to provide protection and ensure it could control the spread of invasive or nonnative species of plants in Alaska. The department wanted to make sure the limitations were high enough for individuals living a subsistence lifestyle who may be raising livestock or producing a forage or feed or improve their soil in remote regions of one acre or more. The department believed 100 pounds met the need and still fell below the threshold required for commercial planters or producers. 10:16:08 AM Representative Guttenberg thought the answer made significant sense. He had not previously thought about a local gardener or seed library trying to support goats or dairy. He asked for the coverage of 100 pounds of barley or grass seed. He asked for verification the bill applied to noncommercial farmers only and would not include commercial seed producers. Mr. Carter replied in the affirmative. For example, the bill would apply to an individual living in Bethel or north of the range along the Yukon River who was required to purchase some seed. He continued that to save on shipping the individual had brought in a couple hundred pounds. The individual had carryover from the previous year from a barley crop they had used to raise livestock for subsistence. The bill would give the individual the right to share the noncommercial seed with the community and nonprofits in order to reap the benefits of a cover crop or the forage produced off a reasonable one acre. Co-Chair Seaton referenced the summary of changes, which addressed the limitation of 100 pounds for a single transfer. He pointed to labeling requirements on page 4 of the bill pertaining to each person receiving seeds. He wondered if a person could buy four 100-pound sacks on four different days to avoid the 100-pound limitation. Alternatively, he wondered if a person would be limited to buying 100 pounds per year. Ms. Rexford answered that as the bill currently read, the limit was per transaction. Co-Chair Seaton asked for the location of the provision in the bill. He looked at the requirement on page 4 of the bill that read "a person may not give seed or exchange seed with another person under AS 03.20.110 and 03.20.120 in an amount that, for each person who receives the seed, exceeds 100 pounds." He asked if the limit was per transaction or per person. 10:19:50 AM Mr. Carter viewed the limit as applying to the person receiving the seed. For example, it was more efficient to buy cereal grain in bulk. He provided a hypothetical example of an individual on the peninsula who chose to purchase a super sack (1,800 to 2,000 pounds of seed) to be used as forage on their property. If a person used 1,000 pounds of the seed and wanted to donate the remainder across the community, to a seed library, or to a nonprofit, they would be limited to giving out 100 pounds of the seed per person. Co-Chair Seaton asked if the sponsor saw a transaction limitation any differently. Representative Johnston answered they had contemplated various limits. She believed the current language was the best it could be without limiting too much, while maintaining some kind of protection. Co-Chair Seaton clarified for the record that the limit was per person. Co-Chair Foster noted the committee had been joined by Representative Grenn earlier. Co-Chair Seaton MOVED to ADOPT the proposed committee substitute for CSHB 197(FIN), Work Draft 30-LS0493\M (Wayne, 3/7/18). There being NO OBJECTION, it was so ordered. Vice-Chair Gara reviewed the zero fiscal note from the Department of Natural Resources. Co-Chair Seaton MOVED to REPORT CSHB 197(FIN) out of committee with individual recommendations and the accompanying fiscal note. There being NO OBJECTION, it was so ordered. CSHB 197(FIN) was REPORTED out of committee with a "do pass" recommendation and with one new zero fiscal note from the Department of Natural Resources. 10:23:57 AM AT EASE 10:25:25 AM RECONVENED