SB 65 FOOD/SEAFOOD/ORGANIC FOOD  CHAIRMAN LEMAN announced SB 65 to be up for consideration. JANICE ADAIR, Director, Division of Environmental Health, explained that within her Division are meat and dairy inspections that most people don't equate with DEC. She said the statutes that deal with food are very confusing because they are all over the place and some conflict with one another. This bill consolidates all of the DEC statutes relating to food processing and service into Title 17 which is entitled Food and Drugs. Under current law some of these statutes can also be found in Title 3. This legislation also proposes to delete some of the obsolete statutes relating to bread and flour standards that have been on the books since 1949 as well as some requirements in DEC for rabies that they have never done. MS. ADAIR said that currently they are required in different parts of the statute to follow three different federal laws: the pasteurized milk ordinance, the National Shellfish Sanitation Program, and the Federal Hazard Analysis Critical Control Point Program (HACCP). These are updated on a regular basis and they have to go through a regulatory process to update the document they have adopted by reference. This bill will allow them to automatically update their references without having to go through the regulatory process which helps the people who are dealing with the federal laws who have to follow them in order to sell their products. They always know when they are updated because they deal so closely with the federal laws. They propose to delete the requirement that the Department have a field-kill inspection program for reindeer at State expense. The State would still have the authority to do it if anyone wanted to have one, but not at State expense. The one reindeer slaughter facility in Mekoryuk has always worked with the department to help defray costs for the inspections by providing the staff with housing and meals. SB 65 allows the State to accept the HACCP plans from processors now rather than waiting for their effective date, December 18, 1997 because the European union is already requiring HACCP plans. Technically, we can't accept them now because our plan of operations is still on the books and we don't want processors to have to do both. MS. REARDON said that SB 65 also repeals the requirement that the department pay for food samples it obtains to check for wholesomeness. She said the State doesn't do that now, but there is still a requirement on the books. We also currently have to reimburse inspectors without receipts if they purchase the samples, and that is being deleted. CHAIRMAN LEMAN asked how much food sample is generally required for a test. MS. REARDON said it depends on the sample. Shellfish can be a little bit more as per the requirements from the National Shellfish Sanitation Program. CHAIRMAN LEMAN asked if it was picking, for instance, a few random crab - relatively small compared to the batch. MS. REARDON answered that was correct. MS. REARDON said she had never heard concerns expressed about this program. The only thing she had heard concerns on was the State paid field kill inspection program. TAPE 97-6, SIDE B JIM CANTOR, Assistant Attorney General, said he would respond to questions. When he drafted the bill he was told to do a revisor's organization along with the specifics that Ms. Reardon mentioned. He said it was not the goal to change the way the program operated or the way things were interpreted. CHAIRMAN LEMAN asked him to flag any obsolete or awkward language so they could make the changes. He intends to work on this bill and have it meet their goal of making government more user friendly to business.