24th Legislature(2005-2006)

Bill Text 24th Legislature

00                             SENATE BILL NO. 25                                                                          
01 "An Act relating to labeling and identification of genetically modified fish and fish                                   
02 products."                                                                                                              
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1.  AS 17.20.040 is amended to read:                                                                     
05            Sec. 17.20.040.  Misbranded foods.  (a)  Food is misbranded if                                             
06                 (1)  its labeling is false or misleading in any particular;                                             
07                 (2)  it is offered for sale under the name of another food;                                             
08                 (3)  it is an imitation of another food, unless its label bears, in type of                             
09       uniform size and prominence, the word "imitation" and, immediately thereafter, the                                
10       name of the food imitated;                                                                                        
11                 (4)  its container is made, formed, or filled so as to be misleading;                                   
12                 (5)  it is in package form unless it bears a label containing (A) the name                              
13       and place of business of the manufacturer, packer, or distributor; and (B) an accurate                            
14       statement of the quantity of the contents in terms of weight, measure, or numerical                               
01       count; however, under (B) of this paragraph, reasonable variations are permitted, and                             
02       exemptions for small packages shall be established by regulations prescribed by the                               
03       department;                                                                                                       
04                 (6)  a word, statement, or other information required by or under                                       
05       authority of this chapter to appear on the label or labeling is not prominently placed                            
06       with the conspicuousness (as compared with other words, statements, designs, or                                   
07       devices, in the labeling) and in terms that make it likely to be read and understood by                           
08       the ordinary individual under customary conditions of purchase and use;                                           
09                 (7)  it purports to be or is represented as a food for which a definition                               
10       and standard of identity has been prescribed by regulations as provided by                                        
11       AS 17.20.010, unless (A) it conforms to the definition and standard, and (B) its label                            
12       bears the name of the food specified in the definition and standard and the common                                
13       names of optional ingredients other than spices, flavoring, and coloring present in the                           
14       food as required by regulation;                                                                                   
15                 (8)  it purports to be or is represented as (A) a food for which a                                      
16       standard of quality has been prescribed by regulations, and its quality falls below that                          
17       standard, unless its label bears, in the manner and form the regulations specify, a                               
18       statement that it falls below that standard; or (B) a food for which a standard of fill of                        
19       container has been prescribed by regulation as provided by AS 17.20.010 and it falls                              
20       below the applicable standard of fill of container, unless its label bears, in the manner                         
21       and form as the regulations specify, a statement that it falls below that standard;                               
22                 (9)  it is not subject to the provisions of (7) of this subsection, unless it                           
23       bears labeling clearly giving (A) the common or usual name of the food, if any, and                               
24       (B) in case it is fabricated from two or more ingredients, the common or usual name of                            
25       each ingredient; except that, however, spices, flavorings, and colorings, other than                              
26       those sold as such, may be designated as spices, flavorings, and colorings, without                               
27       naming each; however, to the extent that compliance with the requirements of (B) of                               
28       this paragraph is impracticable, or results in deception or unfair competition,                                   
29       exemptions shall be established by regulations adopted by the department, but the                                 
30       requirements of (B) of this paragraph do not apply to food products that are packaged                             
31       at the direction of purchasers at retail at the time of sale, the ingredients of which are                        
01       disclosed to the purchasers by other means in accordance with regulations adopted by                              
02       the department;                                                                                                   
03                 (10)  it purports to be or is represented for special dietary uses, unless                              
04       its label bears information concerning its vitamin, mineral, and other dietary properties                         
05       the commissioner determines to be, and by regulations prescribes as, necessary in                                 
06       order fully to inform purchasers as to its value for those uses;                                                  
07                 (11)  it bears or contains artificial flavoring, artificial coloring, or                                
08       chemical preservative, unless it bears labeling stating that fact; however, to the extent                         
09       that compliance with the requirements of this paragraph is impracticable, exemption                               
10       shall be established by regulations adopted by the department;                                                    
11                 (12)  the food is a farmed halibut, salmon, or sablefish product, unless                                
12                      (A)  the product is labeled to identify the product as farmed fish                                 
13            raised outside the state, if the product is sold in a packaged form; or                                      
14                      (B)  the product is conspicuously identified as farmed fish                                        
15            raised outside the state, if the product is sold in an unpackaged form;                                      
16                 (13)  the labeling, advertisement, or identification of the food is                                     
17       inconsistent with the labeling, advertisement, or identification provisions of                                    
18       AS 17.20.048 or 17.20.049;                                                                                    
19                 (14)  the food is a genetically modified fish or genetically modified                               
20       fish product unless                                                                                           
21                      (A)  the food is conspicuously labeled to identify the fish or                                 
22            fish product as a genetically modified fish or fish product if the fish or fish                          
23            product is sold in a packaged form; or                                                                   
24                      (B)  the food is conspicuously identified as a genetically                                     
25            modified fish or fish product if the fish or fish product is sold in an                                  
26            unpackaged form.                                                                                         
27            (b)  In [(a)(12) OF] this section,                                                                           
28                 (1)  "farmed halibut, salmon, or sablefish product" means a food                                    
29       product that contains halibut, salmon, or sablefish that is propagated, farmed, or                                
30       cultivated in a facility that grows, farms, or cultivates finfish in captivity or under                           
31       positive control but that is not a salmon hatchery that is owned by the state or that                             
01       holds a salmon hatchery permit under AS 16.10.400; in this paragraph                                          
02       [SUBSECTION], "positive control" has the meaning given in AS 16.40.199;                                       
03                 (2)  "genetically modified fish" means                                                              
04                      (A)  a finfish or shellfish whose genetic structure has been                                   
05            altered at the molecular level by means that are not possible under natural                              
06            conditions or processes, including recombinant DNA and RNA techniques,                                   
07            cell fusion, gene deletion or doubling, introduction of exogenous genetic                                
08            material, alteration of the position of a gene, or similar procedure;                                    
09                      (B)  the progeny of a finfish or shellfish described in (A) of                                 
10            this paragraph;                                                                                          
11                 (3)  "genetically modified fish product" means a product prepared                                   
12       from a genetically modified fish.