AS Title 3, Chapter 5: Powers and Duties of Commissioners of Natural Resources and Environmental Conservation

Chapter 05. Powers and Duties of Commissioners of Natural Resources and Environmental Conservation. Sec. 03.05.010. Powers and duties of commissioner of natural resources. (a) The commissioner of natural resources shall (1) direct, administer, and supervise promotional and experimental work, extension services, and agricultural projects for the purpose of promoting and developing commercial and noncommercial agricultural industry in the state, including horticulture, dairying, cattle raising, fur farming, grain production, vegetable production, and agricultural products; (2) procure and preserve all information pertaining to developing the agricultural industry in the state and disseminate that information to the public; (3) assist prospective settlers and others to engage in the agricultural industry in the state by providing information about activities and programs essential to developing the agricultural industry and areas in the state that are suitable for agriculture; (4) review the marketing, financing, transportation, and development of agricultural products in the state, with special emphasis on local production, and negotiate for the marketing of agricultural products of the state with federal and state agencies operating in the state; (5) regulate and control the entry in the state and the transportation, sale, or use in the state of plants, seeds, vegetables, shell eggs, fruits and berries, nursery stock, animal feeds, remedies and mineral supplements, fertilizers, and agricultural chemicals to prevent the spread of pests, diseases, or toxic substances injurious to the public interest and protect the agricultural industry against fraud, deception, and misrepresentation; for purposes of this paragraph, the commissioner may require registration, inspection, and testing and may establish procedures and fees; (6) regulate the farming of elk in a manner similar to the manner in which the commissioner regulates domestic animals and livestock, to the extent that is appropriate; (7) adopt regulations relating to industrial hemp, including regulations that (A) specify approved sources or varieties of hemp seed to be grown, sold, or offered for sale by an individual registered to produce industrial hemp; (B) require testing, paid for by the registrant, for delta-9-tetrahydrocannabinol concentration following harvest of the industrial hemp; (C) provide for general production practices to avoid the unintended distribution of industrial hemp seeds by registrants into nonagricultural land; (D) establish isolation distances for the production of industrial hemp; in this subparagraph, “isolation distance” means the minimum separation required between two or more varieties of the plant (genus) Cannabis for the purpose of keeping the seed pure; (E) permit manufacturing and retail sale of industrial hemp and products made from industrial hemp; (F) establish a registration and renewal procedure for a participant in the industrial hemp program developed under AS 03.05.076 ; (8) submit a list of individuals registered to produce industrial hemp under AS 03.05.076 and the expiration dates of the registrations to the Marijuana Control Board and the Department of Public Safety; (9) regulate the labeling of seed that does not comply with the requirements of AS 03.20.130 . (b) To carry out the requirements of this title, the commissioner of natural resources may issue orders, regulations, quarantines, and embargoes relating to (1) examination and inspection of premises containing products, articles, and commodities carrying pests; (2) establishment of quarantines for eradication of pests; (3) establishment of standards and labeling requirements pertaining to the sale of agricultural and vegetable seeds; (4) tests and analyses that may be made and hearings that may be held to determine whether the commissioner will issue a stop order or quarantine; (5) cooperation with federal and other state agencies; and (6) industrial hemp. (c) The commissioner of natural resources shall notify the Marijuana Control Board and the Department of Public Safety when the commissioner issues a stop order. The commissioner of natural resources (1) shall issue a stop order to a person (A) not registered under AS 03.05.076 who is found to be producing a plant with delta-9-tetrahydrocannabinol; or (B) registered under AS 03.05.076 who is found to be producing a plant with delta-9-tetrahydrocannabinol over one percent; and (2) may issue a stop order to a person registered under AS 03.05.076 who is found to be producing a plant with delta-9-tetrahydrocannabinol between 0.3 percent and one percent. (d) The commissioner of natural resources may sell promotional merchandise related to the “Alaska Grown” trademark and may charge or collect a fee for the sale of promotional merchandise related to the “Alaska Grown” trademark. The commissioner may issue a license and charge a license fee for the sale of promotional merchandise related to the “Alaska Grown” trademark. The commissioner shall price merchandise sold by the commissioner under this subsection in a manner that ensures a reasonable monetary return to the state. To the extent practicable, the commissioner shall sell only merchandise produced or manufactured in the United States that, subject to AS 36.30 , is procured from either an Alaska bidder or a person that employs prisoners under AS 33.30.191 (b). Sec. 03.05.011. Powers of commissioner of environmental conservation. (a) To carry out the requirements of this title relating to animals or animal products over which the department has jurisdiction, the commissioner may (1) issue orders or permits relating to or authorizing the examination, inspection, testing, quarantine, or embargo of animals or animal products, or premises containing or having contained animals or animal products, in order to prevent the spread of pests or contagious or infectious disease; (2) conduct tests, analyses, and hearings to determine whether to issue an order or permit relating to animals or animal products under this section; (3) cooperate with federal, state, municipal, and other governmental agencies regarding powers and duties under this section; (4) issue orders or permits relating to or authorizing the custody, care, or destruction of animals or animal products to prevent the spread of pests or contagious or infectious disease; (5) designate points of entry for the admission of animals or animal products into the state; and (6) issue orders or permits relating to, or authorizing the examination, testing, or care of, animals or animal products to be transported into, within, or from this state, in order (A) to prevent the spread of pests or contagious or infectious disease; or (B) to promote safe or sanitary conditions for the animals or animal products to be transported. (b) The commissioner may (1) adopt a schedule of fees or charges, and credit provisions, for services related to animals and animal products rendered by state veterinarians to farmers and others at their request, and all the receipts from the fees and charges shall be transmitted to the commissioner for deposit in the state treasury; (2) designate individuals, independently or in cooperation with federal, state, municipal, or other governmental agencies, to carry out and enforce, under the direction of the state veterinarian, the requirements of this title relating to animals or animal products over which the department has jurisdiction; (3) enter into agreements with the federal government for controlling disease among animals and match federal payments for animals destroyed under those agreements from any appropriation available for this purpose; (4) pay an owner of an animal destroyed under this section an amount from any appropriation available for this purpose; and (5) adopt regulations under AS 44.62 (Administrative Procedure Act) to implement and interpret this section; when adopting regulations under this paragraph, the commissioner shall give substantial weight to the typical practices and standards in the state and in the United States of the industry for which the regulations are designed. (c) Before taking custody of or destroying an animal or animal product under (a)(4) of this section, or imposing a quarantine, placing an embargo, or taking another action under this section that deprives a person of an animal or animal product, the department shall provide for notice and an opportunity to be heard to the owner or person in possession of the animal or animal product, unless the commissioner determines there is an immediate threat to the health or safety of an animal or the public. (d) Nothing in this section affects the authority of another agency of this state. (e) In this section, (1) “commissioner” means the commissioner of environmental conservation; (2) “department” means the Department of Environmental Conservation. Sec. 03.05.013. State veterinarian. The commissioner of environmental conservation may employ or appoint a person to act as the state veterinarian to carry out and enforce the requirements of this title relating to animals or animal products over which the Department of Environmental Conservation has jurisdiction. To be eligible for appointment as the state veterinarian, a person must be licensed or otherwise legally authorized under AS 08.98 to engage in the practice of veterinary medicine in the state. Sec. 03.05.015. Agricultural production credits. [Repealed, § 2 ch 110 SLA 1986.] Sec. 03.05.020. Miscellaneous powers of commissioner of environmental conservation. [Repealed, § 10 ch 59 SLA 2006.] §§ 03.05.025 — 03.05.026 Seafood processing permits and plans of operation; seafood product quality standards and seals. [Repealed, § 26 ch 72 SLA 1998.] Sec. 03.05.027. State coordinator for noxious weed, invasive plant, and agricultural pest management and education. (a) The commissioner of natural resources shall employ or appoint a state coordinator for noxious weed, invasive plant, and agricultural pest management and education. (b) The state coordinator employed or appointed under (a) of this section shall oversee the enforcement of state statutes and regulations regarding noxious weeds, invasive plants, and agricultural pests and shall coordinate with state and federal agencies, state land users, public groups, and private organizations to (1) develop, implement, and annually review a comprehensive state strategic plan for the control of noxious weeds, invasive plants, and agricultural pests; the plan must include an early detection and rapid response system for invasive plants consistent with federal guidelines; (2) design and execute a geographically based plant and pest management area program; (3) develop and maintain a statewide database for mapping and monitoring noxious weeds, invasive plants, and agricultural pests; (4) develop integrated plant and pest management programs; (5) regulate and control the entry into the state and transportation of seeds, plants, and other horticultural products; (6) contact and provide educational materials to state land users and other audiences regarding noxious weed, invasive plant, and agricultural pest issues, including identification, management, potential hazards, and landowner responsibilities; (7) accept contributions of service, materials, or equipment, and, subject to appropriation of money from the United States or its agencies, from a department or agency of the state, or from any other source for use in carrying out the purposes of this section; and (8) review and make recommendations to state departments and agencies concerning revisions to state regulations and statutes, including revisions and additions to state noxious weed lists. (c) Each state department, agency, and institution shall cooperate with the state coordinator employed or appointed under (a) of this section in carrying out the tasks specified in (b) of this section. (d) The state coordinator employed or appointed under (a) of this section shall coordinate with the University of Alaska Cooperative Extension Service, the Alaska Association of Conservation Districts' board of directors, and the Department of Fish and Game in fulfilling the coordinator's responsibilities under (b) of this section. Sec. 03.05.030. Rules for grading and classification of agricultural products. (a) Subject to (b) of this section, the commissioner may adopt rules, regulations, and procedures requiring the classification, grading, and inspection of agricultural products before the products are sold or offered for sale for general consumption, and requiring the marking or labeling of a sack, box, carton, or other container of an agricultural product to show the kind, grade, or other prescribed classification of the container's contents. (b) A rule, regulation, or procedure adopted under (a) of this section does not apply to the noncommercial transfer of seed under AS 03.20.110 or the giving or exchanging of seed through a community seed library under AS 03.20.120 (a), unless the seed (1) does not comply with requirements applicable under AS 03.20 ; (2) contains seed of a patented, protected, or proprietary variety used without permission of the patent or certificate holder of the intellectual property associated with the variety; (3) has been misrepresented as seed classified, graded, or inspected under (a) of this section; or (4) contains prohibited or restricted weed seed or seed from a species the department has determined is noxious. Sec. 03.05.035. Sale and labeling of frozen meat, fish and poultry. [Repealed, § 26 ch 72 SLA 1998.] Sec. 03.05.040. Inspection. (a) To carry out the requirements of this chapter, on any business day during the usual hours of business, or at any time if the commissioner determines that there is an immediate threat to the health or safety of an animal or the general public, the commissioner or an individual designated by the commissioner as an inspector may, for the purpose of inspecting animals, animal products, agricultural products, or premises containing or having contained animals, animal products, or agricultural products, enter a storehouse, warehouse, cold storage plant, packing house, slaughterhouse, retail store, or other building or place where animals, animal products, or agricultural products are or have been raised, housed, kept, stored, processed, or sold. (b) In this section, “commissioner” means commissioner of natural resources with respect to those products over which the commissioner of natural resources has jurisdiction under this title, and the commissioner of environmental conservation with respect to those products over which the commissioner of environmental conservation has jurisdiction under this title. Sec. 03.05.050. Products in violation of regulations. (a) An animal, animal product, or agricultural product found by the commissioner, or an individual designated by the commissioner as an inspector, to violate a regulation adopted under this chapter is declared to be a public nuisance injurious to the public interest and may not be moved by the person in whose possession it may be except at the specific direction of the commissioner or inspector. (b) In this section, “commissioner” means commissioner of natural resources with respect to those products over which the commissioner of natural resources has jurisdiction under this title, and the commissioner of environmental conservation with respect to those products over which the commissioner of environmental conservation has jurisdiction under this title. Sec. 03.05.060. Checking spread of contagious diseases. [Repealed, § 10 ch 59 SLA 2006.] Sec. 03.05.070. Control of rabies. [Repealed, § 26 ch 72 SLA 1998.] Sec. 03.05.075. Elk farming. (a) Elk may be raised and bred as domestic stock for commercial purposes, including the sale of meat, by a person who lawfully owns the elk and who holds a current valid elk farming license. The commissioner of natural resources may issue an elk farming license for the farming of elk to a person who applies on a form provided by the commissioner, pays the biennial elk farming license fee, and proves to the satisfaction of the commissioner that the person lawfully owns the elk, intends to raise and breed elk, and possesses facilities for maintaining the elk under positive control. Before issuing or renewing an elk farming license, the commissioner shall conduct a physical inspection of the elk farming facilities and determine that the facilities are in good repair and comply with the fencing standards established under (d) of this section. In this subsection, “lawfully owns” means ownership that was obtained without violating a state or federal law or regulation or a condition of a license or permit issued with respect to elk. (b) The commissioner of natural resources shall provide to the Department of Fish and Game a copy of each application for an elk farming license received by the commissioner and each elk farming license issued by the commissioner. (c) The fee for a biennial elk farming license is $250. (d) The commissioner of natural resources shall establish fencing standards for elk farming facilities to maintain elk under positive control. Proposed fencing standards shall be submitted to the commissioner of fish and game for review before the standards are adopted or amended. (e) Notwithstanding other provisions of law, a license or permit is not required from the Department of Fish and Game in order to import, export, or possess elk for the purpose of elk farming. Elk imported, exported, or possessed for the purpose of elk farming are subject to the provisions of this title and regulations adopted under this title by the commissioner of natural resources or the commissioner of environmental conservation for domestic animals and livestock, to the extent they are made applicable to elk by the commissioners. (f) In this section, “elk” means an animal of a subspecies of cervus elaphus that is indigenous to North America; “elk” does not include red deer or a red deer hybrid. Sec. 03.05.076. Industrial hemp. (a) Industrial hemp is an agricultural crop in the state. An individual who produces industrial hemp shall apply to the department for registration under this section. Registration is valid for one year but may be renewed. An application for registration or renewal must be on a form prescribed by the department that includes (1) the name and address of the applicant; (2) the address and global positioning system coordinates of the area to be used for the production of industrial hemp; and (3) a signed statement by the applicant, made under the penalty of perjury, affirming that the applicant (A) has not been convicted of a felony related to a controlled substance in this or another jurisdiction within the 10 years immediately preceding the date of application; or (B) was lawfully growing hemp before December 20, 2018, and was not convicted of a felony related to a controlled substance in this or another jurisdiction after that date. (b) An individual registered under this section may (1) produce industrial hemp, including growing, harvesting, possessing, transporting, processing, selling, or buying industrial hemp; (2) use any propagation method, including planting seeds or starts or using clones or cuttings to produce industrial hemp; (3) retain industrial hemp seeds for the purpose of propagating industrial hemp in future years; (4) retain and recondition any industrial hemp that tests between 0.3 percent and one percent delta-9-tetrahydrocannabinol on a dry-weight basis. (c) An individual registered under this section shall (1) comply with testing standards and procedures established by the commissioner by regulation; (2) maintain, for at least three years following the sale or transfer of industrial hemp, records showing (A) the name and address of the person that received the industrial hemp; (B) the amount of industrial hemp transferred; (3) make the records required under (2) of this subsection available for inspection by the department during normal business hours if the department provides at least three days' notice before inspecting the records. (d) The department shall (1) establish fee levels for application, registration, and renewal of registration so that the total amount of fees collected under this section approximately equals the regulatory costs for regulating the industrial hemp industry; (2) annually review each fee level to determine whether the regulatory cost of industrial hemp is approximately equal to the fees collected; (3) notify the Marijuana Control Board and the Department of Public Safety when the department issues a stop-sale order and issues a violation notice under this section; (4) require an individual registered under this section whose industrial hemp tests over one percent delta-9-tetrahydrocannabinol to destroy the product so that it cannot be used for the purpose of reconditioning other hemp crops or gifted or transferred to another individual other than for the purpose of having the industrial hemp destroyed in full form. (e) The department (1) shall issue a stop-sale order and issue a violation notice to a person who is producing industrial hemp without a current registration; (2) may adopt regulations regarding approved shipping documentation for the transportation of industrial hemp; (3) may conduct random tests and inspections of industrial hemp for delta-9-tetrahydrocannabinol concentration produced by an individual registered under this section. (f) The department, an individual registered under this section, or any institution of higher education may import into the state and resell industrial hemp seeds. (g) Industrial hemp products intended for human consumption may not exceed 0.3 percent delta-9-tetrahydrocannabinol. (h) Producing industrial hemp without a registration issued under this section is a violation punishable by a fine of $500. (i) The department may develop an industrial hemp program that complies with federal requirements and submit a program plan to the United States Department of Agriculture for approval. Sec. 03.05.077. Industrial hemp pilot program. Sec. 03.05.078. Transportation of industrial hemp. (a) An individual registered under AS 03.05.076 shall have a copy of the individual's registration in immediate possession at all times when transporting industrial hemp and shall present the copy of the registration for inspection upon the demand of a peace officer or other authorized representative of the department. An individual may display a copy of the individual's registration on a mobile electronic device. (b) Displaying proof of registration on a mobile electronic device under this section does not constitute consent for a peace officer or other authorized representative of the department to access other contents of the mobile electronic device. (c) An individual who violates (a) of this section is guilty of a violation. Sec. 03.05.079. Production in violation of delta-9-tetrahydrocannabinol limit. (a) Notwithstanding AS 11.71.040 — 11.71.060, an individual registered under AS 03.05.076 to produce industrial hemp whose product has a delta-9-tetrahydrocannabinol content between 0.3 percent and one percent may retain and recondition the product as provided in AS 03.05.076 (b)(4). (b) An individual who retains but fails to recondition an industrial hemp product described in (a) of this section is guilty of a violation. Sec. 03.05.080. Controlling exportation of animals. [Repealed, § 10 ch 59 SLA 2006.] Sec. 03.05.084. Confidentiality of certain information; exceptions. (a) A record that includes information about an animal that is maintained by the Department of Environmental Conservation to carry out the requirements of this chapter, including a record of the sale, movement, unique identification number, or owner of an animal, is confidential and not subject to disclosure under AS 40.25.100 — 40.25.295 (Alaska Public Records Act) if the record (1) identifies a particular animal, breed of animal, business, or individual; (2) contains test results, or a record of test samples, for a particular animal; or (3) contains trade secrets or proprietary business or financial information. (b) Notwithstanding (a) of this section, the Department of Environmental Conservation may disclose information from a record subject to this section to a state, federal, or local government or government agency or a regional health corporation if the department determines that a threat to the health or safety of an animal or to the public exists and that disclosure of the information is necessary to address the threat. (c) Notwithstanding (a) of this section, the Department of Environmental Conservation shall, upon request, publicly disclose records subject to this section in a manner that prevents identification of a particular animal, individual, or business. Sec. 03.05.085. Seafood processing research. [Repealed, § 26 ch 72 SLA 1998.] Sec. 03.05.090. Penalties for violations. (a) A person who violates a provision of this chapter or a regulation, order, or quarantine made under authority of this chapter, or violates a provision of a permit issued under this chapter, or sells seeds failing to meet the labeling requirements, standards, and tests provided for by regulation of the commissioner of natural resources or the commissioner of environmental conservation is guilty of a class A misdemeanor for each offense. (b) A person who violates an order issued, a regulation adopted, a permit issued, a quarantine imposed, or an embargo ordered under AS 03.05.011 , or a person who directs or orders a person to commit the violation, is subject to a civil fine of not more than $500 for each violation. (c) If the Department of Environmental Conservation issues an order regarding, adopts a regulation on, issues a permit regarding, imposes a quarantine on, or orders an embargo on an animal or animal product that the Department of Environmental Conservation reasonably believes carries pests, a contagious disease, or an infectious disease, a consignee who knowingly receives, or a carrier who knowingly transports, the animal or animal product in violation of the order, regulation, permit, quarantine, or embargo is subject to a civil fine of not more than $500 for each violation. (d) The Department of Environmental Conservation or a court of competent jurisdiction may impose the fine authorized by (b) or (c) of this section. (e) Each animal, animal product, or premises containing or having contained animals or animal products involved in a violation described in (b) or (c) of this section constitutes a separate violation under (b) and (c) of this section. Each day on which a violation described in (b) or (c) of this section occurs constitutes a separate violation under (b) and (c) of this section. (f) In this section, “knowingly” has the meaning given in AS 11.81.900 (a). Sec. 03.05.100. Definitions. In this chapter, (1) “agricultural products” does not include fish, fisheries products, animals, or animal products; (2) “animal” means an animal other than a human being and includes a mammal, insect, bird, fish, and reptile, whether wild or domestic, and whether living or dead; (3) “animal product” means a product, article, or commodity containing any part of an animal; (4) “fish or fisheries products” means any aquatic animal, including amphibians, or aquatic plants or parts of those plants, animals, or amphibians that are usable as human food; (5) “industrial hemp” means the plant Cannabis sativa L. and any part of that plant, including its seeds and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9-tetrahydrocannabinol concentration of not more than 0.3 percent on a dry-weight basis.