25th Legislature(2007-2008)

Bill Text 25th Legislature


00                             HOUSE BILL NO. 367                                                                          
01 "An Act relating to the sale of raw milk and raw milk products."                                                        
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
03    * Section 1. AS 17.20.005 is amended to read:                                                                      
04            Sec. 17.20.005. Powers and duties of commissioner. To carry out the                                        
05       requirements of this chapter, the commissioner may issue orders, regulations, permits,                            
06       quarantines, and embargoes relating to                                                                            
07                 (1)  food offered to the public or sold, including                                                      
08                      (A)  inspection of meat, fish, poultry, and other food products;                                   
09                      (B)  standards of sanitation and handling methods for all phases                                   
10            of slaughtering, processing, storing, transporting, displaying, and selling;                                 
11                      (C)  labeling; and                                                                                 
12                      (D)  the training, testing, and certification requirements for                                     
13            individuals who handle or prepare food, their supervisors, and their employers                               
14            to ensure their knowledge of food safety and sanitation principles and                                       
15            requirements;                                                                                                
01                 (2)  control and eradication of pests;                                                                  
02                 (3)  enforcement of hazard analysis critical control point programs for                                 
03       seafood processing that are developed in cooperation with appropriate industry                                    
04       representatives or, to the extent not inconsistent with this chapter or regulations                               
05       adopted under the authority of this chapter, that are established by regulations of the                           
06       United States Food and Drug Administration as they may periodically be revised;                                   
07                 (4)  labeling, subject to AS 17.20.013 and 17.20.014, and grading of                                
08       milk and milk products and standards of sanitation for dairies offering to the public or                          
09       selling milk or milk products to at least the minimum of current recommendations of                               
10       the United States Public Health Service pasteurized milk ordinance as it may                                      
11       periodically be revised, subject to AS 17.20.014;                                                             
12                 (5)  standards and conditions for the operation and siting of aquatic                                   
13       farms and related hatcheries, including                                                                           
14                      (A)  restrictions on the use of chemicals; and                                                     
15                      (B)  requirements to protect the public from contaminated                                          
16            aquatic farm products that pose a risk to health;                                                            
17                 (6)  monitoring aquatic farms and aquatic farm products to ensure                                       
18       compliance with this chapter and, to the extent not inconsistent with this chapter or                             
19       regulations adopted under the authority of this chapter, with the requirements of the                             
20       national shellfish sanitation program manual of operations published by the United                                
21       States Food and Drug Administration as it may periodically be revised;                                            
22                 (7)  tests and analyses that may be made and hearings that may be held                                  
23       to determine whether the commissioner will issue a stop order or quarantine;                                      
24                 (8)  transportation of, use of, disposal of, recalls of, or warnings                                    
25       concerning quarantined or embargoed items;                                                                        
26                 (9)  cooperation with federal and other state agencies.                                                 
27    * Sec. 2. AS 17.20 is amended by adding a new section to read:                                                     
28            Sec. 17.20.014. Sale of raw milk products. (a) A person may sell a raw milk                                
29       product to a final consumer or to a restaurant, grocery store, or similar establishment,                          
30       if the principal display panel on the raw milk product prominently states that the raw                            
31       milk product is not pasteurized and may cause health concerns, and if the person                                  
01       complies with the state's requirements for the sale of milk that do not conflict with this                        
02       section.                                                                                                          
03            (b)  This section does not apply to a sale that is governed by federal law.                                  
04            (c)  In this section,                                                                                        
05                 (1)  "raw milk" means milk that is not pasteurized;                                                     
06                 (2)  "raw milk product" means raw milk or a product or byproduct of                                     
07       raw milk.
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