SB 210-SEAFOOD MISREPRESENTATION ON MENUS  5:02:35 PM CHAIR MEYER called the committee back to order and announced the consideration of Senate Bill 210 (SB 210). 5:03:09 PM SENATOR BILL WIELECHOWSKI, Alaska State Legislature, Juneau, Alaska, sponsor of SB 210, provided an overview as follows: This bill adds a civil penalty for misrepresentation of seafood at a retail food establishment. There has been quite a bit of research across the country about seafood mislabeling. In 2105, Oceana, which is a nonprofit organization, collected 82 salmon samples from restaurants and grocery stores and DNA sampling found that 43 percent was mislabeled, and diners were 5 times more likely to be mislead in restaurants than grocer stores. In 2013 another Oceana study of 1,200 samples across the U.S. found that 52 percent of the samples in certain parts of the country were mislabeled, of 120 samples of fish claimed to be red snapper, only 7 were red snapper. In 2011 the Boston Globe tested fish at 123 Massachusetts restaurants, nearly half were mislabeled. In 2016 Oceana tested 25,000 seafood samples across the world and found the 1 in 5 were mislabeled, and that 58 percent of the substitute species carried health risks, often parasites and toxins. The University of California-Los Angeles (UCLA) conducted a study of 26 Los Angeles sushi restaurants from 2012 to 2015 and found that 47 percent of the sushi was mislabeled. We don't have Alaska-specific data, but I can relate a personal experience of being wrongly served at a restaurant mislabeled seafood and they knowingly told me it was something wrong. We have a letter of support from the United Fishermen of Alaska. This bill is aimed at protecting consumers and the state's seafood industry, an industry that employs tens of thousands of people and has an economic output of around $5 billion. 5:05:31 PM CHAIR MEYER opined that the most common mislabeling occurrence happens in restaurants both in Alaska and outside of the state where they say, "this is Alaska wild salmon," and you don't agree, the same goes for king crab, etcetera. He remarked that mislabeling can have a serious detrimental effect on the state's economy and the fishing industry. SENATOR WILSON asked Senator Wielechowski to address the enforcement piece in the bill. He asked if the bill is for people to file a complaint before fines are enacted or will the Alaska Department of Environmental Conservation (DEC) go around doing random testing. SENATOR WIELECHOWSKI replied that he does not believe DEC will be enforcing outside of what they normally do because the department does not have the resources to sample; however, a provision was included in the bill that allows employees of retail establishments to report anonymously without retaliation. He opined that employees are in the best position to report mislabeling and then DEC can decide whether to act. CHAIR MEYER noted that a representative from DEC was available to answer committee members' questions. 5:07:28 PM NATE GRAHAM, Staff, Senator Wielechowski, Alaska State Legislature, Juneau, Alaska, provided the following sectional analysis of SB 210: Section 1(a):  States that a retail food establishment, which a restaurant or sushi bar, may not misrepresent a menu item or the identity or the origin of the seafood or seafood ingredient. Section 1(b) and 1(c):  Allow an employee to report a violation as well as protects the employee from retaliation. Section 1(d):  Provides an exception if a retail food establishment informs a consumer that they are substituting something on the menu that they are not violating this. It also allows if a customer does complain and there's been a misrepresentation that the restaurant or industry could provide the customer with a full refund and that would prevent DEC from needing to take action on this. Section 1(e):  Establishes a fine of up to $500 for each fine, but not to exceed $50,000 in total fines. Section 1(f):  Defines "menu" and "seafood." Sections 2 and 3:  Section 2 takes two definitions that were previously under AS 17.20.049 (b)(3) and (b)(4) and moves them to AS 17.20.075; it says in the bill that they are repealed but they are just being moved. CHAIR MEYER addressed employer retaliation in Section 1(c) where an employer cannot directly or indirectly dismiss, layoff, suspend, etcetera. He asked what would happen if someone laid off or fired an employee. 5:10:07 PM SENATOR WIELECHOWSKI replied that an employee potentially could have other claims, but they would be completely independent of the statutes. He said all that would statutorily exist for dismissing an employee would be the $500 fine. SENATOR COGHILL asked him to address "verbal warning," noted on top of page 2. He noted that he has read menus where a restaurant puts on the menu, "May be substituted by." He asked if the bill allows for the substitution admission on menus. SENATOR WIELECHOWSKI explained that "verbally warns customer" is noted in the bill so the substitutions noted on a menu would be prohibited. He said he was open to discussion to change what Senator Coghill addressed. SENATOR COGHILL replied that he was just wondering because he has seen the substitution admission and avoids the noted items in restaurants SENATOR WIELECHOWSKI reiterated that the bill does say "verbally." SENATOR COGHILL responded that he would watch that provision. 5:12:01 PM SENATOR GIESSEL addressed Senator Coghill's point and opined that misrepresentation might be taken care of in Section 1(a), "A retail food establishment may not misrepresent on a menu the identity or origin of a seafood or seafood ingredient in a prepared food product." SENATOR COGHILL clarified that he intended to say would there still be a requirement for a verbal warning. He noted that he would address Section 1(e) regarding violations and fines with Senator Wielechowski in the Senate Judiciary Committee. SENATOR WIELECHOWSKI replied that there is another section that deals with misleading labeling or advertisement that is within the section that Senator Coghill referenced. 5:13:52 PM CHAIR MEYER opened and closed public testimony. 5:14:07 PM SENATOR GIESSEL moved to report SB 210, version 30-LS1413\D from committee with individual recommendations and attached zero fiscal note. 5:14:37 PM CHAIR MEYER announced that there being no objection, the motion carried.