Sec. 03.05.010. Powers and duties of commissioner of natural resources.

1. 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
      1. specify approved sources or varieties of hemp seed to be grown, sold, or offered for sale by an individual registered to produce industrial hemp;
      2. require testing, paid for by the registrant, for delta-9-tetrahydrocannabinol concentration following harvest of the industrial hemp;
      3. provide for general production practices to avoid the unintended distribution of industrial hemp seeds by registrants into nonagricultural land;
      4. 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;
   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 .
2. 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.
3. The commissioner of natural resources shall issue a stop order to any person who is found to be producing a plant product with delta-9-tetrahydrocannabinol over 0.3 percent, regardless of whether the person is registered under AS 03.05.076 . The commissioner of natural resources shall notify the Marijuana Control Board and the Department of Public Safety when the commissioner issues a stop order.
4. 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) .

History. (§ 33-1-2 ACLA 1949; am § 1 ch 46 SLA 1960; am § 1 ch 82 SLA 1974; am §§ 3, 4 ch 138 SLA 1974; am § 1 ch 58 SLA 1978; am E.O. No. 51, § 2 (1981); am § 1 ch 57 SLA 1982; am § 1 ch 13 SLA 1987; am § 1 ch 88 SLA 1987; am §§ 1, 5 ch 11 SLA 2010; am §§ 2, 3 ch 5 SLA 2018; am § 1 ch 87 SLA 2018; am § 1 ch 103 SLA 2018)

Revisor’s notes. —

As amended in 1981, this section contained a subsection (c). In 1983 the provisions of (c) were transferred and renumbered as a new section, AS 03.05.011 .

The amendment to paragraphs (a)(1), (4), and (5) by sec. 2, ch. 5, SLA 2018, and sec. 1, ch. 87, SLA 2018, were harmonized by the revisor.

Cross references. —

For statement of legislative intent regarding reevaluation of the regulation of industrial hemp by the legislature, see sec. 1, ch. 5, SLA 2018. For requirement for a report to the legislature on the regulation of industrial hemp, see sec. 11, ch. 5, SLA 2018.

Administrative Code. —

For appeals, see 11 AAC 2.

For potato regulations, see 11 AAC 32, art. 1.

For shell egg regulations, see 11 AAC 32, art. 2.

For seed regulations, see 11 AAC 34, art. 1.

For pest control, see 11 AAC 34, art. 2.

For birds, see 11 AAC 34, art. 3.

For importation and use of biological products, see 18 AAC 36, art. 3.

Effect of amendments. —

The 2010 amendment, effective August 2, 2010, added (a)(7), and made stylistic changes; and effective July 1, 2014, repealed (a)(7).

The first 2018 amendment, effective April 13, 2018, added (a)(7) and (8); added (b)(6), and made related and stylistic changes; added (c).

The second 2018 amendment, effective November 18, 2018, rewrote (a).

The third 2018 amendment, effective January 1, 2019, added (d).

The 2021 amendment, effective November 27, 2021, added (a)(7)(E) and (F); rewrote (c), which read, “The commissioner of natural resources shall issue a stop order to any person who is found to be producing a product with delta-9-tetahydrocannabinol over 0.3 percent, regardless of whether the person is registered under AS 03.05.076 . The commissioner of natural resources shall notify the marijuana control board and the department of public safety when the commissioner issues a stop order.”

Editor’s notes. —

Subsection (d) was enacted as (c); relettered in 2018.

Opinions of attorney general. —

The statutory authority for the Department of Natural Resources’ jurisdiction over importation of animals is, with the possible exception of rabid animals and animals diseased with livestock diseases listed in AS 03.45.030 , limited to domestic animals and poultry, and does not extend to live feral animals, whether indigenous to the State of Alaska or not. August 29, 1979 Op. Att’y Gen.

Sec. 03.05.010. Powers and duties of commissioner of natural resources.

1. 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
      1. specify approved sources or varieties of hemp seed to be grown, sold, or offered for sale by an individual registered to produce industrial hemp;
      2. require testing, paid for by the registrant, for delta-9-tetrahydrocannabinol concentration following harvest of the industrial hemp;
      3. provide for general production practices to avoid the unintended distribution of industrial hemp seeds by registrants into nonagricultural land;
      4. 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;
      5. permit manufacturing and retail sale of industrial hemp and products made from industrial hemp;
      6. 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 .
2. 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 thatmay be made and hearings thatmay 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.
3. 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
      1. not registered under AS 03.05.076 who is found to be producing a plant with delta-9-tetrahydrocannabinol; or
      2. 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.
4. 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) .

History. (§ 33-1-2 ACLA 1949; am § 1 ch 46 SLA 1960; am § 1 ch 82 SLA 1974; am §§ 3, 4 ch 138 SLA 1974; am § 1 ch 58 SLA 1978; am E.O. No. 51, § 2 (1981); am § 1 ch 57 SLA 1982; am § 1 ch 13 SLA 1987; am § 1 ch 88 SLA 1987; am §§ 1, 5 ch 11 SLA 2010; am §§ 2, 3 ch 5 SLA 2018; am § 1 ch 87 SLA 2018; am § 1 ch 103 SLA 2018; am §§ 1, 2 ch 32 SLA 2021)

Sec. 03.05.011. Powers of commissioner of environmental conservation.

1. 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
      1. to prevent the spread of pests or contagious or infectious disease; or
      2. to promote safe or sanitary conditions for the animals or animal products to be transported.
2. 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.
3. 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.
4. Nothing in this section affects the authority of another agency of this state.
5. In this section,
   1. “commissioner” means the commissioner of environmental conservation;
   2. “department” means the Department of Environmental Conservation.

History. (§ 33-1-2 ACLA 1949; am § 1 ch 46 SLA 1960; am § 1 ch 82 SLA 1974; am §§ 3, 4 ch 138 SLA 1974; am § 1 ch 58 SLA 1978; am E.O. No. 51, § 2 (1981); am § 1 ch 57 SLA 1982; am § 1 ch 23 SLA 1983; am § 2 ch 88 SLA 1987; am § 3 ch 145 SLA 1988; am § 1 ch 48 SLA 1995; am §§ 1, 26 ch 72 SLA 1998; am § 1 ch 59 SLA 2006)

Revisor’s notes. —

Formerly AS 03.05.010(c) . Renumbered in 1983.

Administrative Code. —

For milk and milk products, see 18 AAC 32, art. 1.

For reindeer slaughtering and processing, see 18 AAC 32, art. 3.

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.

History. (§ 2 ch 59 SLA 2006)

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.]

Sec. 03.05.025. Seafood processing permits and plans of operation. [Repealed, § 26 ch 72 SLA 1998.]

Sec. 03.05.026. Seafood product quality standards and seals. [Repealed, § 26 ch 72 SLA 1998.]

Sec. 03.05.027. Noxious weed, invasive plant, and agricultural pest management and education.

1. The commissioner of natural resources shall employ or appoint a state coordinator for noxious weed, invasive plant, and agricultural pest management and education.
2. 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.
3. 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.
4. 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.

History. (§ 1 ch 102 SLA 2008; am §§ 1, 3 ch 3 SLA 2011)

Editor’s notes. —

The delayed repeal of this section by § 2, ch. 102, SLA 2008, which was to take effect June 30, 2011, was repealed by § 1, ch. 3, SLA 2011.

Sec. 03.05.030. Rules for grading and classification of agricultural products.

1. 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.
2. 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.

History. (§ 33-1-2 ACLA 1949; am § 1 ch 121 SLA 1955; am §§ 2, 3 ch 87 SLA 2018)

Administrative Code. —

For potato regulations, see 11 AAC 32, art. 1.

For seed regulations, see 11 AAC 34, art. 1.

For pest control, see 11 AAC 34, art. 2.

For birds, see 11 AAC 34, art. 3.

For milk and milk products, see 18 AAC 32, art. 1.

Effect of amendments. —

The 2018 amendment, effective November 18, 2018, in (a), added “Subject to (b) of this section,” at the beginning, inserted “before the products are” following “agricultural products”, deleted “before they are sold” following “general consumption”, and made related and stylistic changes; added (b).

Collateral references. —

3 Am. Jur. 2d, Agriculture, § 50 et seq.

3 C.J.S., Agriculture, § 2

36A C.J.S. Food, § 41.

Sec. 03.05.035. Sale and labeling of frozen meat, fish and poultry. [Repealed, § 26 ch 72 SLA 1998.]

Sec. 03.05.040. Inspection.

1. 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.
2. 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.

History. (§ 33-1-2 ACLA 1949; am § 1 ch 121 SLA 1955; am § 2 ch 25 SLA 1972; am § 3 ch 58 SLA 1978; am E.O. No. 51, § 5 (1981); am § 4 ch 145 SLA 1988; am § 3 ch 72 SLA 1998; am § 3 ch 59 SLA 2006)

Administrative Code. —

For seed regulations, see 11 AAC 34, art. 1.

For reindeer slaughtering and processing, see 18 AAC 32, art. 3.

Collateral references. —

3 Am. Jur. 2d, Agriculture, §§ 39-47.

Sec. 03.05.050. Products in violation of regulations.

1. 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.
2. 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.

History. (§ 33-1-2 ACLA 1949; am § 1 ch 121 SLA 1955; am § 4 ch 58 SLA 1978; am E.O. No. 51, § 6 (1981); am § 4 ch 72 SLA 1998; am § 4 ch 59 SLA 2006)

Administrative Code. —

For seed regulations, see 11 AAC 34, art. 1.

For reindeer slaughtering and processing, see 18 AAC 32, art. 3.

For importation of animals, see 18 AAC 36, art. 1.

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.

1. 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.
2. 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.
3. The fee for a biennial elk farming license is $250.
4. 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.
5. 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.
6. 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.

History. (§ 1 ch 41 SLA 2000)

Sec. 03.05.076. Industrial hemp.

1. 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.
2. 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.
3. 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
      1. the name and address of the person that received the industrial hemp;
      2. 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.
4. 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.
5. The department may
   1. issue a stop-sale order and issue a violation notice to a person who is producing industrial hemp without a current registration;
   2. adopt regulations regarding approved shipping documentation for the transportation of industrial hemp;
   3. conduct random tests and inspections of industrial hemp for delta- 9-tetrahydrocannabinol concentration produced by an individual registered under this section.
6. The department, an individual registered under this section, or any institution of higher education may import into the state and resell industrial hemp seeds.
7. Industrial hemp products intended for human consumption may not exceed 0.3 percent delta-9-tetrahydrocannabinol.
8. Producing industrial hemp without a registration issued under this section is a violation punishable by a fine of $500.

History. (§ 4 ch 5 SLA 2018)

Effect of amendments. —

The 2021 amendment, effective November 27, 2021, added (a)(3); in (e)(1), substituted “shall” for “may” at the beginning, and made related changes; added (i).

Effective dates. —

Section 4, ch. 5, SLA 2018, which enacted this section, took effect on April 13, 2018.

Sec. 03.05.076. Industrial hemp.

1. 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
      1. 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
      2. 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.
2. 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.
3. 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
      1. the name and address of the person that received the industrial hemp;
      2. 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.
4. 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.
5. 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.
6. The department, an individual registered under this section, or any institution of higher education may import into the state and resell industrial hemp seeds.
7. Industrial hemp products intended for human consumption may not exceed 0.3 percent delta-9-tetrahydrocannabinol.
8. Producing industrial hemp without a registration issued under this section is a violation punishable by a fine of $500.
9. 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.

History. (§ 4 ch 5 SLA 2018; am §§ 3 — 5 ch 32 SLA 2021)

Sec. 03.05.077. Industrial hemp pilot program.

1. The department or an institution of higher education in the state may create and administer an agricultural pilot program to study the growth, cultivation, or marketing of industrial hemp.
2. An institution of higher education in the state, the division of the department with responsibility for agriculture, or an individual registered under AS 03.05.076 may participate in an agricultural pilot program created under (a) of this section or engage in industrial hemp research.
3. The department may adopt regulations to implement this section.

History. (§ 4 ch 5 SLA 2018)

Delayed repeal of section. —

Under sec. 9, ch. 32, SLA 2021, this section is repealed. Section 10(a), ch. 32, SLA 2021, makes the repeal conditional upon the United States Department of Agriculture approving “an industrial hemp program plan submitted by the Department of Natural Resources under AS 03.05.076(i) before January 1, 2030.” If the condition occurs, the repeal takes effect “on the day after the date on which the revisor of statutes receives notice from the commissioner of natural resources under” sec. 10(b), ch. 32, SLA 2021.

Effective dates. —

Section 4, ch. 5, SLA 2018, which enacted this section, took effect on April 13, 2018.

Sec. 03.05.078. Transportation of industrial hemp.

1. 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.
2. 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.
3. An individual who violates (a) of this section is guilty of a violation.

History. (§ 4 ch 5 SLA 2018)

Effective dates. —

Section 4, ch. 5, SLA 2018, which enacted this section, took effect on April 13, 2018.

Sec. 03.05.079. Production in violation of delta-9-tetrahydrocannabinol limit.

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 is guilty of a violation.

History. (§ 4 ch 5 SLA 2018)

Effect of amendments. —

The 2021 amendment, effective November 27, 2021, at the end of (a), substituted “may retain and recondition the product as provided in AS 03.05.076(b)(4) ” for “is guilty of a violation”; added (b).

Effective dates. —

Section 4, ch. 5, SLA 2018, which enacted this section, took effect on April 13, 2018.

Sec. 03.05.079. Production in violation of delta-9-tetrahydrocannabinol limit.

1. 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) .
2. An individual who retains but fails to recondition an industrial hemp product described in (a) of this section is guilty of a violation.

History. (§ 4 ch 5 SLA 2018; am §§ 6, 7 ch 32 SLA 2021)

Sec. 03.05.080. Controlling exportation of animals. [Repealed, § 10 ch 59 SLA 2006.]

Sec. 03.05.085. Seafood processing research. [Repealed, § 26 ch 72 SLA 1998.]

Sec. 03.05.090. Penalties for violations.

1. 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.
2. 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.
3. 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.
4. The Department of Environmental Conservation or a court of competent jurisdiction may impose the fine authorized by (b) or (c) of this section.
5. 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.
6. In this section, “knowingly” has the meaning given in AS 11.81.900(a) .

History. (§ 33-1-3 ACLA 1949; am E.O. No. 51, § 10 (1981); am § 4 ch 57 SLA 1982; am § 5 ch 59 SLA 2006)

Revisor’s notes. —

As enacted in § 33-1-3 ACLA 1949, this section contained the phrase “a provision of” following “A person who violates.” At some point this phrase was dropped editorially, but it was reinserted in 1983 in order to restore the section to its original language.

Cross references. —

For penalties for misdemeanors, see AS 12.55.035 and 12.55.135 .

Administrative Code. —

For seed regulations, see 11 AAC 34, art. 1.

For milk and milk products, see 18 AAC 32, art. 1.

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 all parts and varieties of the plant Cannabis sativa L. containing not more than 0.3 percent delta-9-tetrahydrocannabinol.

History. (§ 5 ch 58 SLA 1978; am § 5 ch 145 SLA 1988; am § 26 ch 72 SLA 1998; am §§ 6, 7 ch 59 SLA 2006; am § 5 ch 5 SLA 2018)

Revisor’s notes. —

Paragraphs (2) and (3) were enacted as paragraphs (4) and (5); renumbered in 2006 to retain the terms in alphabetical order.

Effect of amendments. —

The 2018 amendment, effective April 13, 2018, added (5).

The 2021 amendment, effective November 27, 2021, rewrote (5), which read, “ ‘industrial hemp’ means all parts and varieties of the plant Cannabis sativa containing not more than 0.3 percent delta-9-tetrahydrocannabinol.”

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.

History. (§ 5 ch 58 SLA 1978; am § 5 ch 145 SLA 1988; am § 26 ch 72 SLA 1998; am §§ 6, 7 ch 59 SLA 2006; am § 5 ch 5 SLA 2018; am § 8 ch 32 SLA 2021)

Sec. 03.09.010. Board of Agriculture and Conservation established.

1. There is established in the department the Board of Agriculture and Conservation composed of members as set out in AS 03.10.050(b) .
2. Members of the board serve staggered three-year terms and until a successor is appointed. A member may be removed from office by the governor if the governor first provides a written statement of the reasons for removal to the member and makes the statement available to the public. If a vacancy occurs, the governor shall immediately appoint a member for the unexpired portion of the term.
3. Members of the board receive no compensation, but are entitled to per diem and travel expenses authorized for boards and commissions under AS 39.20.180 .
4. While serving on the board, a board member, or an immediate family member of the board member who shares the same household and financial resources with that board member, may not obtain a lease, permit, installment contract, or loan or purchase land under AS 03.10 or under AS 38.05, or have an existing lease, permit, installment contract, or loan under AS 03.10 or under AS 38.05 modified or restructured. Notwithstanding AS 39.52.150(a) , an immediate family member who does not share the same household and financial resources with the board member may obtain a lease, permit, installment contract, or loan or purchase land under AS 03.10 or under AS 38.05 or have an existing lease, permit, installment contract, or loan under AS 03.10 or under AS 38.05 modified or restructured. Notwithstanding AS 39.52.150(a) , a person may be appointed to the board even though, at the time of appointment, that person, or an immediate family member, has a lease, permit, installment contract, or loan under AS 03.10 or AS 38.05. However, that person may not take or withhold any official action that affects the lease, permit, installment contract, or loan of that person or an immediate family member who shares the same household and financial resources with that person. If a person with a lease, permit, installment contract, or loan under AS 03.10 or AS 38.05 is appointed to the board, failure by that person to abide by all the terms and conditions of the lease, permit, installment contract, or loan may be the basis for removal under (b) of this section. For purposes of this subsection, “immediate family member” and “official action” have the meanings given in AS 39.52.960 .
5. The board shall elect a member to serve as chair and a member to serve as vice-chair for one-year terms. A member may be reelected to serve additional terms as chair or vice-chair.

History. (§ 1 ch 81 SLA 2000)

Cross references. —

For qualifications of board members, see AS 03.10.050 .

Administrative Code. —

For powers and duties, see 11 AAC 39, art. 1.

Sec. 03.09.020. Director of agriculture and staff.

1. The director of the division of the department with responsibility for agriculture shall serve as the director of the Board of Agriculture and Conservation. The director may employ staff and, as directed by the board, is responsible for the daily operations of the agricultural revolving loan fund (AS 03.10.040 ).
2. The director of agriculture shall be appointed to the partially exempt service by the commissioner from a list of two or more candidates submitted by the board. The commissioner may reject all candidates, in which case the board shall submit a new list. The director may be removed by the commissioner at any time, and the office shall remain vacant until a new director is appointed under this subsection.

History. (§ 1 ch 81 SLA 2000; am § 1 ch 41 SLA 2009)

Administrative Code. —

For powers and duties, see 11 AAC 39, art. 1.

Effect of amendments. —

The 2009 amendment, effective June 21, 2009, in (a), substituted “division of the department with responsibility for agriculture” for “division of agriculture of the department”.

Sec. 03.09.030. Quorum.

Five members of the Board of Agriculture and Conservation constitute a quorum for the transaction of business or the exercise of a power or function at a meeting of the board.

History. (§ 1 ch 81 SLA 2000)

Sec. 03.09.040. Regulations.

1. The Board of Agriculture and Conservation may adopt regulations under AS 44.62 (Administrative Procedure Act) to carry out its duties.
2. The board may, by regulation, classify loan and marketing information and make some classes of loan or marketing information confidential.

History. (§ 1 ch 81 SLA 2000)

Administrative Code. —

For powers and duties, see 11 AAC 39, art. 1.

For loan requirements, see 11 AAC 39, art. 2.

For loan administration, see 11 AAC 39, art. 4.

For restructuring delinquent loans, see 11 AAC 39, art. 5.

For disposal of property, see 11 AAC 39, art. 6.

For appeals, requests for reconsiderations, and hearings, see 11 AAC 39, art. 7.

Sec. 03.09.050. Agricultural land.

The Board of Agriculture and Conservation may recommend to the commissioner that land in the land disposal bank established under AS 38.04.020 be classified as suitable for agriculture. The board may identify state land for agricultural disposal and request the commissioner to provide for the survey and disposal of the land.

History. (§ 1 ch 81 SLA 2000)

Sec. 03.10.010. Declaration of policy.

It is the policy of this chapter to promote the more rapid development of agriculture as an industry throughout the state by means of long-term low-interest loans.

History. (§ 2 ch 122 SLA 1953)

Sec. 03.10.020. Powers of the board.

1. The Board of Agriculture and Conservation (AS 03.09.010 ) may
   1. make a loan to
      1. an individual resident farmer, homesteader, or a partnership or corporation composed of farmers and homesteaders for
         1. clearing land for agricultural purposes;
         2. development of farms;
         3. storage and processing of farm produce; or
         4. the purchase of livestock or machinery;
      2. an individual state resident, or a partnership or corporation for
         1. storage and processing plants for agricultural products;
         2. the commercial production or processing of horticultural products in the state;
         3. the commercial production or processing of animal feed in the state; or
         4. the raising or care of animals in the state for the purpose of marketing their fur;
   2. designate agents and delegate its powers to them as necessary;
   3. adopt regulations necessary to carry out its functions, including regulations to establish reasonable fees for services provided and charges for collecting the fees;
   4. establish amortization plans for repayment of loans, which may include delayed payments of principal and interest for not to exceed five years;
   5. enter into agreements with private lending institutions, other state agencies, or agencies of the federal government to carry out the purposes of this chapter;
   6. collect the fees and collection charges established under this subsection.
2. In this section, “horticultural products” means vegetables, fruit plants, grass seed, sod, tree seedlings, ornamental plants, foliage, or flowering plants, grown in a greenhouse or nursery.

History. (§ 4 ch 122 SLA 1953; am § 1 ch 156 SLA 1955; am § 1 ch 41 SLA 1961; am § 1 ch 113 SLA 1982; am §§ 1, 2 ch 82 SLA 1984; am § 6 ch 36 SLA 1990; am § 2 ch 81 SLA 2000)

Administrative Code. —

For fees for department services, see 11 AAC 5.

For powers and duties, see 11 AAC 39, art. 1.

For loan requirements, see 11 AAC 39, art. 2.

For loan administration, see 11 AAC 39, art. 4.

For restructuring delinquent loans, see 11 AAC 39, art. 5.

For disposal of property, see 11 AAC 39, art. 6.

For appeals, requests for reconsiderations, and hearings, see 11 AAC 39, art. 7.

Opinions of attorney general. —

Although the Alaska Agricultural Loan Act (AS 03.10) does not define “agriculture”, the statutory scheme speaks of activities which would not include a bagged peat operation. March 31, 1981 Op. Att’y Gen.

A lime-based mineral is not an agricultural product because it is not yielded or returned from an agricultural operation. The Department of Natural Resources is not authorized to make a loan under item (a)(1)(B)(i) for a processing plant for the lime-based mineral. October 27, 1989 Op. Att’y Gen.

Sec. 03.10.030. Limitations on loans.

1. The farm development, chattel, or irrigation loan made under this chapter
   1. may not exceed a term of 30 years, except that a chattel loan may not exceed a term of seven years;
   2. may not, when added to the outstanding balance of other loans made under this chapter, exceed a total outstanding balance of $1,000,000;
   3. shall be secured by a real estate or chattel mortgage of any priority, except that the portion of a loan that exceeds $500,000, when added to prior indebtedness that is secured by the same property, must be secured by a first mortgage;
   4. shall bear interest at a fixed rate comparable to that charged by other agricultural lending institutions in the state for loans similar to those referred to in this subsection.
2. [Repealed, § 72 ch 113 SLA 1982.]
3. A short-term loan, to be amortized within one year, not to exceed $350,000 to any one borrower may be made for operating purposes, except that a loan made under this subsection may not exceed $200,000 unless the loan is made to a borrower in a farm disaster area declared under AS 03.10.058 . The loan shall bear interest at a fixed rate comparable to that charged by other agricultural lending institutions in the state for loans similar to those referred to in this subsection. An applicant for a short-term loan may be required to purchase insurance through the Federal Crop Insurance Act (7 U.S.C. 1501 — 1520) as a condition of the loan. The term of a loan made under this subsection may be extended for up to three years by the Board of Agriculture and Conservation, in the discretion of the board, upon application by the borrower.
4. [Repealed, § 72 ch 113 SLA 1982.]
5. An installment payment is delinquent unless it is received by the Board of Agriculture and Conservation or the director of the board on or before the 30th day after the date specified for payment in the loan agreement. If an installment payment is delinquent, the director of the board may assess a delinquency penalty.
6. A farm product processing loan may not exceed $250,000. A mortgage that secures a farm product processing loan may be of any priority if the total indebtedness on the real estate, including the secured farm product processing loan, does not exceed $250,000. A farm product processing loan that, if made, would raise the existing indebtedness on the real estate securing the loan above $250,000, or a farm product processing loan on real estate that has a prior indebtedness of $250,000 or more, may be made only if all prior mortgagees agree to subordinate their mortgages to that of the state for the amount of the farm product processing loan that exceeds the $250,000 indebtedness limit on the real estate. A farm product processing loan may not exceed a term of 30 years or bear interest at a rate that is less than a fixed rate comparable to that charged by other agricultural lending institutions in the state for similar loans, and shall be secured by a real estate or chattel mortgage or both.
7. A loan for clearing land may not
   1. exceed $250,000;
   2. bear interest at a rate that is less than a fixed rate comparable to that charged by other agricultural lending institutions in the state for similar loans;
   3. have a term in excess of 20 years; or
   4. be made for clearing land other than land that has been classified by the United States Department of Agriculture, Natural Resource Conservation Service, under the Land Capability Classification System as having agricultural potential for the production of annual crops or hay, or for pasture.
8. The Board of Agriculture and Conservation shall adopt regulations to establish other terms for loans made under this chapter, consistent with the provisions of this section, and may establish interest rates for loans under (a)(4) of this section that
   1. encourage agricultural development;
   2. do not subsidize nonviable agricultural enterprises; and
   3. do not discriminate against viable existing agricultural enterprises.
9. A person is not eligible for a loan under this chapter if the person has a past due child support obligation established by court order or by the child support services agency under AS 25.27.160 — 25.27.220 at the time of application.

History. (§ 4 ch 122 SLA 1953; am § 1 ch 156 SLA 1955; am § 1 ch 41 SLA 1961; am § 1 ch 144 SLA 1966; am § 1 ch 78 SLA 1967; am § 1 ch 135 SLA 1970; am § 1 ch 22 SLA 1974; am § 1 ch 18 SLA 1975; am §§ 1 — 4 ch 50 SLA 1979; am § 74 ch 106 SLA 1980; am §§ 1 — 3 ch 7 SLA 1982; am §§ 2 — 5, 72 ch 113 SLA 1982; am §§ 1, 2 ch 38 SLA 1983; am § 5 ch 6 SLA 1984; am §§ 3, 4 ch 82 SLA 1984; am § 1 ch 143 SLA 1984; am § 1 ch 116 SLA 1986; am §§ 3 — 8 ch 81 SLA 2000)

Revisor’s notes. —

In 2004, “child support enforcement division” was changed to “child support services agency” in (i) of this section in accordance with § 12(a), ch. 107, SLA 2004, and to correct a manifest error.

Administrative Code. —

For powers and duties, see 11 AAC 39, art. 1.

For loan requirements, see 11 AAC 39, art. 2.

For loan administration, see 11 AAC 39, art. 4.

For restructuring delinquent loans, see 11 AAC 39, art. 5.

Sec. 03.10.033. Restructuring of agricultural debt.

1. To increase the return to the state, the Board of Agriculture and Conservation may restructure loans (1) in existence on January 1, 1987, made by the former Agricultural Revolving Loan Fund Board or by the former Alaska Agricultural Action Council based upon guidelines approved by the Board of Agriculture and Conservation; (2) of a borrower in an area that has been declared a farm disaster area under AS 03.10.058 ; or (3) of a borrower who has experienced an agricultural disaster based upon regulations adopted by the Board of Agriculture and Conservation. Notwithstanding any other provision of law that relates to loan terms, the restructuring may only include reduction of interest to a fixed rate not less than five percent a year, an extension of the term of the loan, and an improvement to the security interest of the state. It may not reduce the amount of principal and interest owed before the loan is restructured.
2. The maximum term of a loan modified under (a) of this section is 30 years from the date of restructuring.
3. Notwithstanding any other provision of this section, the Board of Agriculture and Conservation may approve an application for restructuring under this section only upon
   1. the applicant’s written release of the state, including the University of Alaska, from all potential liability for actions and omissions occurring before the date of restructuring that relate in any way to a state farm project, land sale, land sale relinquishment, farm loan, or loan application or loan modification application, whether granted or denied by the state; and
   2. assignment by the applicant to the board of the proceeds from the federal government under 7 U.S.C. 1442 (Conservation Reserve Program) and P.L. 88-26 (Feed Grain Act of 1963), as amended.
4. If the board receives proceeds under (c)(2) of this section that exceed the amount owed and credited to the loan during the year, the board shall refund the extra proceeds to the applicant.

History. (§ 2 ch 117 SLA 1988; am §§ 9, 10 ch 81 SLA 2000)

Revisor’s notes. —

Enacted as uncodified law. Codified in 1988.

Administrative Code. —

For restructuring delinquent loans, see 11 AAC 39, art. 5.

Sec. 03.10.035. Use or disposal of mortgaged farm land.

1. A borrower may not use farm land for a nonfarm use or sell, lease, or otherwise dispose of farm land if that land is encumbered by a mortgage given to secure the payment of a loan under this chapter unless the borrower either
   1. pays the outstanding balance of the loan in a lump sum or under other terms agreed to by the Board of Agriculture and Conservation that accelerate payment of the loan; or
   2. pays the outstanding principal balance for the remaining term of the loan at the prevailing rate of interest that is charged by commercial banks in the state during the calendar quarter in which the board receives notice of the change of use, sale, lease, or other disposal of the farm land.
2. In this section, “nonfarm use” means a use of land other than for the production of domesticated plants and animals useful to humans, including forage and sod crops, grain and feed crops, fruits, vegetables, and livestock.

History. (§ 5 ch 50 SLA 1979; am § 11 ch 81 SLA 2000)

Sec. 03.10.040. Agricultural revolving loan fund.

1. There is an agricultural revolving loan fund which may not exceed $75,000,000 to carry out the purpose of this chapter.
2. Money in the fund may be used by the legislature to make appropriations for costs of administering this chapter and for operations of the Board of Agriculture and Conservation.

History. (§ 5 ch 122 SLA 1953; am § 2 ch 41 SLA 1961; am § 1 ch 81 SLA 1970; am § 6 ch 50 SLA 1979; am § 4 ch 7 SLA 1982; am § 7 ch 36 SLA 1990; am § 12 ch 81 SLA 2000)

Opinions of attorney general. —

Subsection (b) implies that assets of the ARLF may only be spent for administrative purposes when appropriated by the legislature. January 1, 1992 Op. Att’y Gen.

Sec. 03.10.050. Administration of fund; Board of Agriculture and Conservation.

1. The Board of Agriculture and Conservation shall administer the agricultural revolving loan fund. A loan may not be made without the approval of a majority of the board, except that emergency loans based upon regulations adopted by the board and not to exceed $50,000 may be made upon the approval, by majority vote, of a committee composed of the chair of the board, another board member, and the director of the board.
2. The board is composed of seven members appointed by the governor and confirmed by the legislature in joint session. Members shall have the following qualifications:
   1. one member shall have general business or financial experience;
   2. one member shall be a member of a statewide agriculture promotion organization;
   3. one member shall be a member of a soil and water conservation district established under AS 41.10.130(a) who is also engaged in commercial production agriculture;
   4. four members shall be engaged in commercial production agriculture; each shall represent a different agriculture enterprise from the others, such as livestock production, dairy, vegetable production, grain production, horticultural production, and greenhouse and hydroponic production.
3. A meeting of the board to act on applications for loans is exempt from the public meeting requirements of AS 44.62.310 .
4. [Repealed, § 30 ch 81 SLA 2000.]
5. To encourage the prompt payment of loans, the board may establish a program of credits for persons who have a loan from the agricultural revolving loan fund and maintain good financial standing. The credits may be applied against no more than two percentage points a year of the interest due on agricultural revolving loan fund loans.
6. A credit may not be granted under (e) of this section to reduce interest due on a loan if the borrower has an agricultural loan in default, has a loan that has been rewritten, restructured, rolled over, or otherwise had its term extended or interest rate reduced, or has had a land payment or land clearing loan restructured.
7. The board may dispose of property acquired by the agricultural revolving loan fund through foreclosure, default, or other action arising out of agricultural loans or the sale of agricultural land. Disposals shall be conducted under regulations approved by the commissioner. The regulations must ensure that the property is disposed of so as to maximize the return to the state and must require that the parcels of land that are composed primarily of cropland soils be restricted to agricultural uses and disposed of only to persons who are residents of the state.

History. (§ 6 ch 122 SLA 1953; am § 1 ch 119 SLA 1976; am § 6 ch 113 SLA 1982; am § 1 ch 91 SLA 1988; am § 1 ch 117 SLA 1988; am §§ 13 — 17, 30 ch 81 SLA 2000)

Revisor’s notes. —

Section 5, ch. 7, SLA 1982 added a subsection (c) to this section but the provisions of that subsection were transferred to AS 03.10.052 . Consequently, the subsection added by § 6, ch. 113, SLA 1982, has been redesignated “(c).”

Administrative Code. —

For powers and duties, see 11 AAC 39, art. 1.

For loan requirements, see 11 AAC 39, art. 2.

For loan administration, see 11 AAC 39, art. 4.

For disposal of property, see 11 AAC 39, art. 6.

For appeals, requests for reconsiderations, and hearings, see 11 AAC 39, art. 7.

Sec. 03.10.052. Limitation on board members. [Repealed, § 30 ch 81 SLA 2000.]

Sec. 03.10.054. Sale or transfer of mortgages and notes. [Repealed, § 14 ch 122 SLA 1980.]

Sec. 03.10.058. Farm disaster area.

The governor may declare a farm disaster in an area of the state if a natural disaster causes a crop failure.

History. (§ 3 ch 38 SLA 1983)

Sec. 03.10.060. Short title.

This chapter may be cited as the Alaska Agricultural Loan Act.

History. (§ 1 ch 122 SLA 1953)

Sec. 03.13.010. Agreement with Federal Crop Insurance Corporation.

The department shall enter into an agreement with the Federal Crop Insurance Corporation under which the department agrees to pay to the corporation a portion of federal crop insurance premiums paid by producers of agricultural commodities in this state. The agreement must provide for a corresponding reduction in the federal crop insurance premium paid by those producers.

History. (§ 2 ch 143 SLA 1984)

Sec. 03.13.020. Amount of contributions.

Under the agreement, the department shall pay to the corporation for each covered producer an amount equal to the amount that the corporation pays for that producer under 7 U.S.C. 1508(b)(3) of the Federal Crop Insurance Act (7 U.S.C. 1501 — 1520), except as provided otherwise in this chapter.

History. (§ 2 ch 143 SLA 1984)

Sec. 03.13.030. Limitation.

Thirty percent of each producer’s premium, as calculated by the corporation, on coverage of up to 65 percent of the recorded or appraised average yield, as adjusted, shall be paid by the state.

History. (§ 2 ch 143 SLA 1984)

Sec. 03.13.040. Appropriations.

1. The payments to the corporation shall be made from funds appropriated from the general fund to the department for that purpose.
2. If for any year the amount appropriated is insufficient to fully fund the contribution required by AS 03.13.020 , the department shall allocate funds on a first come basis.

History. (§ 2 ch 143 SLA 1984)

Sec. 03.13.050. Definitions.

In this chapter, “corporation” means the Federal Crop Insurance Corporation (7 U.S.C. 1503).

History. (§ 2 ch 143 SLA 1984)

Sec. 03.15.010. Agricultural pest and disease control fund. [Repealed, § 2 ch 34 SLA 1968.]

Sec. 03.15.020. Purpose of appropriations. [Repealed, § 26 ch 72 SLA 1998.]

Sec. 03.17.095. Milk labeling and grading regulations. [Repealed, § 3 ch 193 SLA 1968.]

Sec. 03.20.010. State aid.

The state may grant aid to agricultural and industrial fair associations, incorporated under the laws of the state, to assist in the payment of (1) costs of operation and maintenance and (2) project costs for capital improvements of annual agricultural and industrial fairs.

History. (§ 33-2-1 ACLA 1949; am § 1 ch 154 SLA 1972; am § 20 ch 168 SLA 1978)

Sec. 03.20.020. Amount and conditions of aid.

1. Fairs may be held each year in each of the house districts, and state aid for the operation and maintenance of the fairs may not exceed a basic grant of $10,000; however, fairs in existence five years or longer may receive an increment grant not to exceed $2,500 per year of existence to a maximum of $75,000. The people of each district sponsoring a fair are not eligible for state aid unless they subscribe to spend from their own funds for that purpose an amount equal to the amount of the state aid and have or organize an agricultural and industrial fair association for the operation and maintenance of the fairs. Each fair receiving state aid is open to entries by the people of the whole state, and special provision shall be made for exhibits from boys’ and girls’ clubs.
2. An agricultural and industrial fair association qualifying for and applying for operation and maintenance grants may also apply for capital improvement grants.
3. For the purpose of matching state fair aid allocations, a fair whose local resources are not sufficient to match dollar for dollar may, in preparing its annual report, place a reasonable itemized monetary value on donated labor, materials, and equipment used in the construction, repairing, and maintenance of fairgrounds, buildings, and facilities in place of dollar matching up to 50 percent of its annual requests.  The commissioner shall determine when local resources are insufficient to allow the community to match the amount of state aid requested under (a) of this section, and shall approve the reasonableness of the value assigned the donations by the fair.
4. Premiums and prizes that qualify for listing for allocation purposes under this section shall be those paid for exhibits and educational contests, displays, and demonstrations of an educational nature. This does not include prizes or premiums for promotion or entertainment activities such as queen contests, parades, dances, rodeos, or races.  A listing of fund allocations under this section containing the names of all premium and prize winners, including the amount and value of all awards, shall be maintained by the fair association.

History. (§ 33-2-2 ACLA 1949; am § 1 ch 129 SLA 1953; am § 1 ch 97 SLA 1967; am § 2 ch 154 SLA 1972; am §§ 1, 2 ch 71 SLA 1979; am § 5 ch 21 SLA 2000)

Sec. 03.20.030. Application for and granting of operation and maintenance aid.

1. Each agricultural and industrial fair association desiring to apply for an operation and maintenance grant shall apply to the commissioner before August 1 of the year preceding the fiscal year for which the grant is sought. It shall submit with the application a planned program of operation and maintenance of the proposed fair, the rules and regulations governing the fair, and a certificate signed by the president and secretary of the association certifying that the association will spend for the proposed fair a sum of money from their own funds equal in amount to the benefits requested under AS 03.20.010 — 03.20.080 . When satisfied that the association is entitled to receive state aid under the provisions of AS 03.20.010 — 03.20.080 , the commissioner shall make a disbursement to the association in the sum to which it is entitled. The commissioner shall pay annually the sum to be paid under the provisions of AS 03.20.010 — 03.20.080.
2. The commissioner shall require each association receiving state operation and maintenance aid to furnish receipts for money paid to them.  The commissioner may prescribe the form of the receipt. Each association shall furnish a statement executed and acknowledged by the president and secretary, covering the disbursements by the association of all operation and maintenance funds, for fairs held under AS 03.20.010 — 03.20.080 .  The statement must definitely set forth that wherever any state aid money has been disbursed that a like amount of fair association fund money has been expended and that in no instance has the expenditure of state money exceeded the expenditure of fair association money.  The association shall make a full report of receipts and expenditures including the sums expended for prizes and awards to the commissioner and this report shall be transmitted to the next legislature.
3. A sum equal to at least 25 percent of the state operation and maintenance aid received under AS 03.20.010 — 03.20.080 shall be used for premiums or transportation cost of exhibits.

History. (§ 33-2-3 ACLA 1949; am §§ 2, 3 ch 97 SLA 1967; am § 3 ch 154 SLA 1972; am § 1 ch 175 SLA 2004)

Revisor’s notes. —

Under the authority of the State Organization Act of 1959, the governor assigned “aid to Alaska industrial and agricultural fairs” to the Department of Natural Resources in a proclamation dated August 19, 1959.

In 2010, references to “AS 03.20.010 — 03.20.080 ” were substituted for “this chapter” in this section to reflect the 2010 enactment of AS 03.20.100 (now repealed).

Sec. 03.20.035. Application for and granting of capital improvement aid.

1. Each agricultural and industrial fair association desiring to apply for a capital improvement grant shall apply to the commissioner before August 1 of the year preceding the fiscal year for which the grant is sought. It shall submit with the application a proposed long-term capital improvement plan of the fair covering five years from the time the application is submitted, which shall be certified by the president and secretary of the association as having been reviewed and approved by the governing body of the association. When satisfied that the association is entitled to receive state aid under the provisions of this section, the commissioner shall make a disbursement to the association in the sum to which it is entitled.
2. Each association receiving state capital improvement aid shall furnish receipts to the commissioner for money paid to them. The commissioner shall prescribe the form of the receipt. The association shall make a full report of its receipts and expenditures made for capital improvements and this report shall be transmitted to the next legislature following the receipts and expenditures.

History. (§ 4 ch 154 SLA 1972; § 2 ch 175 SLA 2004)

Sec. 03.20.040. Display of exhibits outside state.

The commissioner may collect and ship, for display outside of the state, exhibits of Alaska produce, mining, and manufacturing, and other exhibits, including the Native arts. The commissioner may expend not more than $2,000 a year for that purpose. The commissioner shall account for and report the funds disbursed under this section.

History. (§ 33-2-4 ACLA 1949)

Sec. 03.20.050. More than one association and fair permitted.

Nothing in AS 03.20.010 — 03.20.080 prohibits the formation of more than one agricultural and industrial fair association in each house district or the holding of an agricultural and industrial fair in several places in each district. When more than one association is formed in a house district or when a fair is held in more than one place in the district, the minimum operational aid is $250. When more than one association applies for the benefits of AS 03.20.010 — 03.20.080 , the commissioner shall divide the money allotted to the district among the applicants in proportion to the amount justified at the time of application.

History. (§ 33-2-5 ACLA 1949; am § 4 ch 97 SLA 1967; am § 5 ch 154 SLA 1972; am § 6 ch 21 SLA 2000)

Revisor’s notes. —

In 2010, references to “AS 03.20.010 — 03.20.080 ” were substituted for “this chapter” in this section to reflect the 2010 enactment of AS 03.20.100 (now repealed).

Sec. 03.20.060. Expenditure of aid for nonperishable exhibits.

The commissioner may require an association to expend not more than 10 percent of the state operation and maintenance aid granted, for the purpose of buying nonperishable exhibits. Those exhibits shall be held by the association subject to the order of the commissioner.

History. (§ 33-2-6 ACLA 1949; am § 6 ch 154 SLA 1972)

Sec. 03.20.070. Funds to be returned if unexpended or if no fair held.

1. If an association has received state operation and maintenance funds under AS 03.20.010 — 03.20.080 and fails to hold a fair in accordance with its program, or does not disburse all of the state funds paid to it for that purpose, the association shall return those funds, or the unexpended portions, to the department within 60 days after the date set for the fair.  If an association fails to comply with this section the attorney general shall institute proceedings to recover the funds.
2. If an association has received state capital improvement funds under AS 03.20.010 — 03.20.080 and fails to expend them within five years for capital improvements designated in its long-term capital improvement plan in effect at the time of the grant, the commissioner may, after investigation, require that the unexpended funds be returned to the department.

History. (§ 33-2-7 ACLA 1949; am § 7 ch 154 SLA 1972)

Revisor’s notes. —

In 2010, references to “AS 03.20.010 — 03.20.080 ” were substituted for “this chapter” in this section to reflect the 2010 enactment of AS 03.20.100 (now repealed).

Sec. 03.20.080. Definitions.

For purposes of AS 03.20.010 — 03.20.080 ,

1. “agricultural and industrial fair” means a fair, the major focus of which is displays, exhibitions, demonstrations, contests, or promotions of agricultural or industrial concern to the region in which the fair is located, or any fair that, before July 1, 1980, has received a grant under AS 03.20.010 — 03.20.080 ;
2. “project costs for capital improvements” includes, in addition to costs directly related to the project, the sum total of all costs of financing and carrying out the project; these include, but are not limited to, the costs of all necessary studies, surveys, plans and specifications, architectural, engineering, or other special services, acquisition of real property, site preparation and development, purchase, construction, reconstruction, and improvement of real property, and the acquisition of machinery and equipment as may be necessary in connection with the project; an allocable portion of the administrative and operating expenses of the grantee; the cost of financing the project, including interest on bonds issued to finance the project; and the cost of other items, including any indemnity and surety bonds and premiums on insurance, legal fees, fees and expenses of trustees, depositaries, financial advisors, and paying agents for the bonds issued as the issuer considers necessary.

History. (§ 21 ch 168 SLA 1978; am § 3 ch 71 SLA 1979)

Revisor’s notes. —

This section was reorganized in 1983 to alphabetize the defined terms.

In 2010, references to “AS 03.20.010 — 03.20.080 ” were substituted for “this chapter” in this section to reflect the 2010 enactment of AS 03.20.100 (now repealed).

Sec. 03.20.100. Farm-to-school program established. [Repealed, § 5 ch 11 SLA 2010.]

Sec. 03.20.110. Noncommercial transfer of seed.

An individual may give to or exchange with another individual for noncommercial use in the state seed that is otherwise legal to possess in the state.

History. (§ 4 ch 87 SLA 2018)

Effective dates. —

Section 4, ch. 87, SLA 2018, which enacted this section, took effect on November 18, 2018.

Sec. 03.20.120. Community seed libraries.

1. A person may establish a community seed library for individual giving or exchanging of seed that is intended for home, educational, charitable, or noncommercial use in the state and that is harvested from a plant grown
   1. outside the state and imported into the state in compliance with AS 03.05.010(a)(5) ; or
   2. in the state.
2. A person may give seed to or exchange seed with another person through a community seed library established under (a) of this section.
3. Seed given, exchanged, or offered for giving or exchanging under (b) of this section must be
   1. packaged either in the original package or repackaged; and
   2. except as provided in (d) of this section, labeled with the following information on each package:
      1. the common name of the plant from which the seed derives;
      2. the name and address of the community seed library;
      3. the statement “Not authorized for commercial use and not classified, graded, or inspected by the State of Alaska”; and
      4. if treated with a toxic substance, the statement “Treated seed—Not for consumption.”
4. A person who is giving, exchanging, or offering a seed package at a community seed library may satisfy the labeling requirement under (c)(2) of this section by displaying a sign near the packaged seed that identifies the seed and clearly states the information required under (c)(2) of this section.

History. (§ 4 ch 87 SLA 2018)

Effective dates. —

Section 4, ch. 87, SLA 2018, which enacted this section, took effect on November 18, 2018.

Sec. 03.20.130. Limitations.

A person may not give seed to or exchange seed with another person under AS 03.20.110 and 03.20.120 in an amount that, for each person who receives the seed, exceeds 100 pounds.

History. (§ 4 ch 87 SLA 2018)

Effective dates. —

Section 4, ch. 87, SLA 2018, which enacted this section, took effect on November 18, 2018.

Sec. 03.20.140. Online publication of noncommercial giving or exchanging of seed.

A person involved in noncommercial giving or exchanging of seed under AS 03.20.110 and 03.20.120 may register online with the department under AS 44.37.030(b) and submit to the department information, including the person’s name, telephone number, and electronic mail address, and the location where the person gives or exchanges seed, for publication on the department’s Internet website.

History. (§ 4 ch 87 SLA 2018)

Effective dates. —

Section 4, ch. 87, SLA 2018, which enacted this section, took effect on November 18, 2018.

Sec. 03.20.150. Applicability of other laws.

Nothing in AS 03.20.110 — 03.20.150 authorizes a person to

1. violate 7 U.S.C. 2321 — 2582 (Plant Variety Protection Act of 1970);
2. give, exchange, or receive a seed
   1. from a plant that is regulated as
      1. a controlled substance under AS 11.71 or a drug under AS 17.20; or
      2. marijuana under AS 17.38; or
   2. patented under 35 U.S.C. 161 — 164 (Plant Patent Act of 1930);
3. possess, give, or exchange seed that is considered to be noxious, invasive, or toxic under AS 03.05 or AS 44.37 or a regulation adopted under those chapters.

History. (§ 4 ch 87 SLA 2018)

Effective dates. —

Section 4, ch. 87, SLA 2018, which enacted this section, took effect on November 18, 2018.

Sec. 03.22.010. Establishment of plant materials center.

The Department of Natural Resources, in cooperation with the college or department of the University of Alaska responsible for the Agricultural and Forestry Experiment Station, shall establish and maintain a plant materials center.

History. (§ 1 ch 138 SLA 1972; am § 2 ch 41 SLA 2009)

Effect of amendments. —

The 2009 amendment, effective June 21, 2009, substituted “college or department of the University of Alaska responsible for the Agricultural and Forestry Experiment Station” for “Institute of Agricultural Sciences”.

Sec. 03.22.020. Purpose of center.

The objectives of the plant materials center, in cooperation with the college or department of the University of Alaska responsible for the Agricultural and Forestry Experiment Station, are to

1. assemble, evaluate, select, and increase plant materials needed in soil and water conservation, agriculture, and industry, and maintain genetic purity of these materials;
2. increase promising plant materials for field scale testing;
3. test the promising materials in field plantings on sites that represent soil and climatic conditions not found at the center;
4. maintain and provide for increase of basic seed stocks of plant materials for agricultural and conservation interests;
5. make seed and plant materials available, for a fee if necessary, in such a manner as to avoid monopolistic control of basic stocks of these materials and encourage the development of a seed industry, noncommercial transfer of seed, and community seed libraries established under AS 03.20.120 ;
6. support but not duplicate activities carried on by state or federally funded research programs in the state;
7. prepare, publish, and disseminate a summary report on all studies as they are completed.

History. (§ 1 ch 138 SLA 1972; am § 3 ch 41 SLA 2009; am § 5 ch 87 SLA 2018)

Effect of amendments. —

The 2009 amendment, effective June 21, 2009, in the introductory language, substituted “college or department of the University of Alaska responsible for the Agricultural and Forestry Experiment Station” for “Institute of Agricultural Sciences”.

The 2018 amendment, effective November 18, 2018, in (5), added “, noncommercial transfer of seed, and community seed libraries established under AS 03.20.120 ” at the end.

Sec. 03.22.030. Center site, buildings, and equipment.

The department shall obtain a site, either by donation, lease, or purchase, and erect suitable buildings on the site, if they are needed for the use of the plant materials center. The department shall also acquire the agricultural land, scientific instruments, and equipment necessary to carry on the work of the center. Acquisition of scientific instruments and equipment under this section is governed by AS 36.30 (State Procurement Code).

History. (§ 1 ch 138 SLA 1972; am § 3 ch 106 SLA 1986)

Sec. 03.22.040. Personnel.

The department shall ensure that competent professional, secretarial, and subprofessional personnel necessary to carry on the work of the center are employed. The administrator of the plant materials center is a joint appointment between the Department of Natural Resources and the college or department of the University of Alaska responsible for the Agricultural and Forestry Experiment Station.

History. (§ 1 ch 138 SLA 1972; am § 4 ch 41 SLA 2009)

Effect of amendments. —

The 2009 amendment, effective June 21, 2009, substituted “college or department of the University of Alaska responsible for the Agricultural and Forestry Experiment Station” for “University of Alaska Agricultural Experiment Station”.

Sec. 03.22.050. Department to cooperate.

The department shall cooperate with the college or department of the University of Alaska responsible for the Agricultural and Forestry Experiment Station and the United States Department of Agriculture, Natural Resources Conservation Service, by a formal memorandum of understanding and may cooperate with any department or agency of federal, state, or local government, research organization, or other organization concerned with conservation or agriculture.

History. (§ 1 ch 138 SLA 1972; am § 5 ch 41 SLA 2009; am § 1 ch 8 SLA 2011)

Effect of amendments. —

The 2009 amendment, effective June 21, 2009, substituted “college or department of the University of Alaska responsible for the Agricultural and Forestry Experiment Station” for “Institute of Agricultural Sciences”.

The 2011 amendment, effective May 10, 2011, substituted “United States Department of Agriculture, Natural Resources Conservation Service” for “United States Soil Conservation Service”.

Sec. 03.22.060. Reports.

The department shall annually prepare a detailed report of the operation of the center and notify the legislature that the report is available. The report must include a statement of all receipts and disbursements.

History. (§ 1 ch 138 SLA 1972; am § 1 ch 21 SLA 1995)

Sec. 03.22.070. Acceptance of assistance.

The department may request, accept, and receive from federal, state, and nongovernment sources financial and other aid and assistance, including personnel and equipment, for the construction, equipment, maintenance, and operation of the center.

History. (§ 1 ch 138 SLA 1972)

Sec. 03.22.080. Payments and vouchers.

Appropriations made by the state for the construction, maintenance, and operation of the center shall be expended upon vouchers approved by the department in the manner prescribed by it.

History. (§ 1 ch 138 SLA 1972)

Sec. 03.30.010. What constitutes legal fence. [Repealed, § 3 ch 55 SLA 1977.]

Sec. 03.30.020. Duty to keep barbed wire fences in repair.

A person having a barbed wire fence shall keep it in good repair. When a domesticated animal is killed or injured by coming in contact with a barbed wire fence that is not at the time of injury kept in substantial compliance with this section and AS 03.30.030 , the owner of the animal may recover from the owner of the fence a sum equal to the amount of damages sustained in the killing or injury to the animal.

History. (§ 33-4-2 ACLA 1949)

Sec. 03.30.030. Fence as nuisance.

Any wire fence so dilapidated as to be of no practical use as a fence that is a menace to livestock is a public nuisance and may be abated by a court in a proceeding instituted for that purpose.

History. (§ 33-4-3 ACLA 1949)

Sec. 03.30.040. Liability of owner of animals damaging enclosed land or crops. [Repealed, § 3 ch 55 SLA 1977.]

Sec. 03.30.050. Impounding animals breaking into enclosed area. [Repealed, § 3 ch 55 SLA 1977.]

Sec. 03.30.060. Failure to close roadside gate used for retaining livestock.

A person failing to close a roadside gate after opening the same is presumed to be negligent and liable for all consequent damage upon proof thereof. For the purposes of this section, a roadside gate is a contrivance located alongside or near a public or private road made for the purpose of passing through a fence that is used for or intended to be used for the retention of livestock.

History. (§ 1 ch 186 SLA 1959)

Sec. 03.35.010. Establishment of controlled livestock districts; prohibition against animals at large.

1. A district judge may establish a controlled livestock district within a municipality or in other settled areas of the state, as provided in this chapter, to consist of a contiguous area of not less than 1,280 acres.
2. The owner and the person having custody and control of a domestic animal kept within a controlled livestock district may not with criminal negligence permit the domestic animal to graze or run at large.
3. Violation of (b) of this section is a class B misdemeanor.

History. (§ 33-3-51 ACLA 1949; am § 1 ch 114 SLA 1959; am § 1 ch 81 SLA 1962; am § 1 ch 69 SLA 1970; am §§ 1, 2 ch 147 SLA 1990)

Sec. 03.35.020. Petition for establishment, addition, elimination, or dissolution.

1. A controlled livestock district may be established upon petition of not less than 60 percent of the resident owners and lessees of the land within the area to be included in the district who own or lease 30 percent of the land described in the petition. The petition must contain a statement of its purpose, define the boundaries of the area to be included within the district, be signed by the required resident owners and lessees within the area described, and be filed with the district judge for the district within which the land is situated.
2. An addition to an established controlled livestock district may be made under the same procedures set out for creating the district if the addition has at least 160 acres and is contiguous to the established district.
3. A portion of a controlled livestock district may be eliminated or a district may be dissolved if 60 percent of the resident owners and lessees of the land within the district who own or lease 30 percent of the land within the district petition for the elimination or dissolution under the procedure set out in this section for the establishment of a controlled livestock district.

History. (§ 33-3-53 ACLA 1949; am § 2 ch 81 SLA 1962; am § 3 ch 24 SLA 1966; am §§ 3, 4 ch 147 SLA 1990)

Sec. 03.35.030. Notice, hearing, and order.

Upon receipt of a petition for the establishment, addition, elimination, or dissolution of a controlled livestock district, the district judge shall set a time for hearing the petition not less than 30 days after its receipt. Notice of the time and place of the hearing and its purpose shall be posted in not fewer than three conspicuous public places within the proposed district for a period of at least 30 days before the hearing. If, at the hearing, the district judge finds that the petition meets the requirements established under AS 03.35.020 and that notice of the hearing has been given, the district judge shall enter an order granting the request contained within the petition. The boundaries of the district are those proposed within the petition. The district judge shall certify to the clerk of the superior court for the judicial district a copy of the findings and order. The district judge shall send a copy of the order to the commissioner.

History. (§ 33-3-54 ACLA 1949; am § 3 ch 81 SLA 1962; am § 1 ch 27 SLA 1963; am § 3 ch 24 SLA 1966; am § 5 ch 147 SLA 1990; am § 1 ch 4 SLA 2012)

Effect of amendments. —

The 2012 amendment, effective March 22, 2012, substituted “fewer than” for “less than” and deleted “including a post office” preceding “for a period” in the second sentence, and deleted the former third sentence, which read, “If there is no post office within the proposed district, then the notice shall be posted in two conspicuous public places in the proposed district and in the post office nearest the proposed district.”

Sec. 03.35.035. Identification of domestic animals within controlled livestock district.

1. Within 60 days of the establishment of a controlled livestock district or of the addition to an established controlled livestock district under AS 03.35.010 , the person having custody and control of domestic animals located within the district shall identify the animals under AS 03.40, use identification collars to indicate ownership, or otherwise use a reliable system for the identification of the ownership of the animal.
2. A person who violates (a) of this section commits a violation.

History. (§ 6 ch 147 SLA 1990)

Sec. 03.35.040. Liability for damages; lien.

1. The owner of land within a controlled livestock district, whether the land is fenced or unfenced, is entitled to recover, from the owner or person having custody and control of a domestic animal, for any injury done by the animal when grazing or running at large within a controlled livestock district contrary to the provisions of this chapter, and has a lien upon the domestic animal for the amount of the damage done.
2. A claim for damages may not exceed $500 against any one animal for any one trespass.

History. (§ 33-3-55 ACLA 1949; am § 4 ch 81 SLA 1962; am § 7 ch 147 SLA 1990)

Sec. 03.35.050. Impounding and public sale of animals running at large.

The owner of any land within a controlled livestock district may impound a domestic animal trespassing upon that land and keep the animal until damages, together with reasonable charges for keeping and feeding it, are paid. Within 24 hours after impounding an animal, the person impounding it shall give notice in writing to the owner or claimant of the animal, if the owner is known, or, if the owner is unknown, file a notice of impounding with the district judge for the district and post a copy of the notice in a public place nearest to the enclosure of the impounded animal. If, within five days after receipt of the notice of impoundment or posting of the notice of impoundment, the owner or claimant fails to claim the animal and pay the reasonable charges for keeping and feeding it, together with damages and costs, the animal may be sold at public auction as provided in AS 03.35.055 .

History. (§ 33-3-56 ACLA 1949; am § 5 ch 81 SLA 1962; am § 3 ch 24 SLA 1966; am § 1 ch 55 SLA 1977)

Sec. 03.35.055. Public auction.

1. Before the sale of the animal at public auction, notice of the sale shall be given by the impounder by posting a written or printed notice of the time and place of sale in a public place nearest to the enclosure of the impounded animal not less than 10 days before the day of the sale.  The owner or claimant of the animal may redeem the animal at any time before the sale by paying the reasonable charges for keeping and feeding the animal, together with damages and costs, to the person impounding the animal.
2. The impounder, or an agent, shall sell the animal at public auction to the highest bidder in the manner provided for the sale of personal property on execution.
3. Proceeds of the sale in excess of all reasonable charges and costs shall be paid over to the district judge for the district to be disposed of as provided in AS 34.45.070 .

History. (§ 2 ch 55 SLA 1977)

Sec. 03.35.060. Penalty for removing impounded animal. [Repealed, § 21 ch 166 SLA 1978.]

Sec. 03.35.070. Definitions.

As used in this chapter,

1. “domestic animal” includes goats, sheep, cattle, horses, and swine;
2. “owner of land” includes a freeholder, tenant, contract vendee, or other person in actual possession of land.

History. (§ 33-3-52 ACLA 1949)

Revisor’s notes. —

This section was reorganized in 1983 to alphabetize the defined terms.

Sec. 03.40.010. Brands and marks.

Any person owning cattle, reindeer, bison, musk oxen, elk, sheep, horses, mules, or asses may adopt a brand or mark. After recording the brand or mark as provided in AS 03.40.030 , the person has the exclusive right to its use.

History. (§ 2 ch 161 SLA 1959; am § 1 ch 16 SLA 1966; am § 2 ch 41 SLA 2000)

Sec. 03.40.020. Record of ownership.

The owner may brand or mark an animal on either side with the owner’s brand or mark. The animal shall be branded or marked so that the brand or mark shows distinctly. Sheep may be marked distinctly with a mark or device to distinguish them readily when they become intermixed with other flocks of sheep owned in the state. Evidence of ownership by brand or mark may not be permitted in any court in this state unless the brand or mark is recorded as provided in AS 03.40.030 .

History. (§ 3 ch 161 SLA 1959)

Sec. 03.40.030. Recording.

1. To adopt a brand or mark, a person shall forward to the commissioner of natural resources a facsimile of the brand or mark, together with a written application, and the recording fee of $2. Upon receipt, the commissioner shall record the brand or mark unless it is of record or conflicts with or closely resembles that of some other person, in which case the commissioner shall return the facsimile and fee to the applicant. A brand described as being on either side of the animal may not be accepted or recorded.
2. The commissioner shall file all brands or marks offered for record pending examination.  The commissioner shall make an examination as promptly as possible, and, if the brand or mark is accepted, ownership thereof vests from the date of filing. The recording of the brand or mark gives the applicant ownership thereof until the next renewal period.  A renewal period occurs every five years, beginning with January 1, 1960. At least 90 days before the expiration of each renewal period, the commissioner shall notify every owner of a recorded brand or mark of the renewal period and the owner shall pay to the commissioner a renewal fee of $1 and furnish other information as may be required.  The renewal fee is due and payable on or before January 1 of the renewal year, and if an owner fails, refuses, or neglects to pay the renewal fee by March 1, of the renewal year, the brand or mark is forfeited and becomes available for issuance to another applicant.

History. (§ 4 ch 161 SLA 1959; am § 1 ch 22 SLA 2015)

Effect of amendments. —

The 2015 amendment, effective May 15, 2015, added “with” in the second sentence of (a).

Collateral references. —

3B C.J.S., Animals, §§ 29-35.

Sec. 03.40.040. Copy of record; procurement; fee.

Upon the recording of a brand or mark, the commissioner shall furnish the owner with a certified copy of the record. Additional certified copies of the record may be obtained by anyone upon the payment of $1 for each copy.

History. (§ 5 ch 161 SLA 1959)

Sec. 03.40.050. Use without certificate prohibited.

A person may not brand any horse, cattle, reindeer, bison, musk oxen, elk, mule, or ass unless the person using the brand holds a written certificate of acceptance from the commissioner.

History. (§ 6 ch 161 SLA 1959; am § 2 ch 16 SLA 1966; am § 3 ch 41 SLA 2000)

Sec. 03.40.060. Penalty for use without certificate.

A person who violates AS 03.40.050 is guilty of a misdemeanor, and upon conviction is punishable by a fine of not less than $50 nor more than $300.

History. (§ 7 ch 161 SLA 1959)

Sec. 03.40.070. Brand is personal property.

A recorded brand or mark is the property of the person causing the record to be made, and is subject to sale, assignment, transfer, devise, and descent, as personal property. Instruments of writing evidencing the sale, assignment, or transfer of the brand or mark shall be recorded by the commissioner, and the fee for recording the sale, assignment, or transfer is $1. The recording of the instrument is notice to all persons of the matter recorded. Certified copies are admissible in evidence.

History. (§ 8 ch 161 SLA 1959)

Sec. 03.40.080. Record is evidence of ownership.

In all actions and proceedings in which the title to animals is an issue, the certified copy provided for in AS 03.40.070 is prima facie evidence of ownership of the animal by the person whose brand or mark it may be.

History. (§ 9 ch 161 SLA 1959)

Sec. 03.40.090. Publication of record.

The commissioner shall publish, in book form, a list of all brands and marks on record at the time of the publication. The lists may be supplemented from time to time. The publication must contain a facsimile of all recorded brands and marks, together with the owner’s name and mailing address. The records shall be arranged in convenient form for reference. The books and supplements may be sold to the general public at an amount not to exceed $2 a copy.

History. (§ 10 ch 161 SLA 1959; am § 1 ch 32 SLA 1997)

Sec. 03.40.100. Penalty for branding another’s livestock. [Repealed, § 21 ch 166 SLA 1978. For law concerning theft, see AS 11.46.100 — 11.46.295.]

Sec. 03.40.110. Animals from other states.

Any person who brings into this state for grazing purposes any animals included in AS 03.40.010 already branded or marked shall present to the commissioner a statement of the brands or marks of these animals. If these brands or marks conflict with any previously recorded, the owner or manager of the animals shall brand or mark them with a brand or mark that the commissioner considers a brand or mark distinguishable from all brands or marks recorded, and the owner shall be enjoined from further use of the conflicting brand or mark. Failure to comply with the provisions of this section renders the party liable for damages resulting from the failure. This section applies to all animals in this state whose brands or marks infringe on previously recorded brands or marks.

History. (§ 12 ch 161 SLA 1959)

Sec. 03.40.120. Sale of branded livestock.

A person may not sell or otherwise dispose of any branded livestock, or buy, purchase, or otherwise receive any branded livestock, unless the person selling or disposing of the stock gives, and the person buying, purchasing, or otherwise receiving the stock receives, a bill of sale in writing. A person who violates or fails to comply with this section is guilty of a misdemeanor, and upon conviction thereof is punishable by a fine of not less than $25 or by imprisonment for not more than six months, or by both.

History. (§ 13 ch 161 SLA 1959)

Sec. 03.40.130. Exhibition of bill of sale by purchaser.

A person who purchases, receives, or possesses any branded livestock, either as principal or agent, shall exhibit, on request of any person, the bill of sale of the stock. A person who violates this section is guilty of a misdemeanor and upon conviction is punishable as provided in AS 03.40.120 .

History. (§ 14 ch 161 SLA 1959)

Sec. 03.40.140. Sale without power of attorney or bill of sale prohibited.

A person may not sell or offer for sale or trade any branded livestock that does not have the person’s recorded brand, unless the person has a bill of sale or power of attorney from the owner of the stock, authorizing the sale. The bill of sale must state the buyer’s name and address, the date of transfer, the guarantee of title, the number of cattle transferred, the sex, the brand, the location of the brand, and the name and address of the seller. The signature of the seller shall be attested by at least one witness.

History. (§ 15 ch 161 SLA 1959)

Sec. 03.40.150. Penalty for sale without power of attorney or bill of sale; proof; defenses.

Every person violating AS 03.40.140 is guilty of a felony, unless the person upon trial establishes and proves that the person was at the time the actual owner of the stock sold or traded or offered for sale or trade, or that the person acted by the direction of one proved to be the actual owner of the stock. Every person convicted shall be imprisoned for not less than two years nor more than five years. In prosecutions for a violation of AS 03.40.140 it is not necessary to prove motive, intent, or purpose on the part of the accused, or that the accused knew that the stock were sold, traded, or offered in violation of AS 03.40.140. The fact of selling, trading, or offering for sale or trade contrary to AS 03.40.140, when proved, is sufficient to authorize a conviction, unless the accused by testimony explains the case made by the state in a manner consistent with good faith and an innocent purpose.

History. (§ 16 ch 161 SLA 1959)

Sec. 03.40.160. Slaughter permit. [Repealed, § 23 ch 81 SLA 1984.]

Sec. 03.40.170. Penalty regarding slaughter permit. [Repealed, § 1 ch 21 SLA 1985.]

Sec. 03.40.180. Preservation of hide required.

A person may not kill, for the person’s own use and consumption or to offer for sale, any branded livestock without preserving the hide of the animal intact for a period of not less than 15 days. The hide shall be presented for inspection upon demand of any person.

History. (§ 19 ch 161 SLA 1959)

Sec. 03.40.190. Inspected slaughterers exempt.

The provisions of this chapter do not apply to packing plants in this state where the United States Department of Agriculture or the state maintains regular inspection.

History. (§ 20 ch 161 SLA 1959)

Sec. 03.40.200. Record of branded hides.

A person who purchases hides shall keep a record of all branded hides of meat cattle purchased that states the name of the person from whom purchased, the seller’s place of residence, the date of purchase, and the mark and brand on the hides. The record shall be open for the inspection of stock growers, their agents and employees at all times.

History. (§ 22 ch 161 SLA 1959)

Sec. 03.40.210. Penalty for violation of AS 03.40.200.

A person who violates the provisions of AS 03.40.200 or who wilfully neglects or refuses to do any act therein required is guilty of a misdemeanor, and upon conviction is punishable by imprisonment for a period not exceeding three months or by a fine not exceeding $100.

History. (§ 23 ch 161 SLA 1959)

Sec. 03.40.220. Reserved brand “S” on left jaw.

There is reserved in the office of the commissioner a cattle brand consisting of an “S” on the left jaw. This brand may not be assigned to any person in the state, and it is unlawful for any person to use this brand except as provided in AS 03.40.230 .

History. (§ 24 ch 161 SLA 1959)

Sec. 03.40.230. Branding of spayed heifers.

A person, when spaying heifers, shall, upon request of the owner, brand the heifers with an “S” on the left jaw, and furnish the owner with a certificate that all heifers so branded have been properly spayed.

History. (§ 25 ch 161 SLA 1959)

Sec. 03.40.240. Penalty regarding spayed heifers.

A person who violates AS 03.40.230 is guilty of a misdemeanor, and upon conviction is punishable by a fine not less than $10 nor more than $100.

History. (§ 26 ch 161 SLA 1959)

Sec. 03.40.250. Inspection of branded livestock.

The commissioner, or an authorized agent, may, at any time, make inspections of branded livestock to ascertain and enforce compliance with this chapter.

History. (§ 27 ch 161 SLA 1959)

Sec. 03.40.260. General penalty.

Any person who violates any of the provisions of this chapter for which a specific penalty is not provided is guilty of a misdemeanor, and upon conviction is punishable by a fine of not less than $25 nor more than $100 for each offense.

History. (§ 21 ch 161 SLA 1959)

Cross references. —

For penalties for misdemeanors, see AS 12.55.035 and 12.55.135 .

Sec. 03.40.270. Definitions.

As used in this chapter, a “brand” means an identification mark burned into the hide of a live animal.

History. (§ 1 ch 161 SLA 1959)

Sec. 03.45.010. Declaration of public policy.

It is against the public policy of this state to import into the state or to own, have in one’s possession, sell, transfer, transport, drive, or convey inside the state any animal diseased or infected with any of the diseases described in AS 03.45.030 .

History. (§§ 33-3-11, 33-3-12 ACLA 1949)

Opinions of attorney general. —

The statutory authority for the Department of Natural Resources’ jurisdiction over importation of animals is, with the possible exception of rabid animals and animals diseased with livestock diseases listed in AS 03.45.030 , limited to domestic animals and poultry, and does not extend to live feral animals, whether indigenous to the State of Alaska or not. August 29, 1979 Op. Att’y Gen.

A Department of Natural Resources regulation restricting the importation into the state of “any animal . . . affected with any infections or communicable disease” exceeded the scope of the statutory authority for the regulation where the regulation was applicable not only to domestic animals but also to wild or feral animals. August 29, 1979 Op. Att’y Gen.

Sec. 03.45.020. Importation, ownership, possession, transfer, and transportation of diseased animals prohibited.

A person may not import into the state, own, have in one’s possession, sell, transfer, transport, drive, or convey, inside the state any animal diseased or infected with any of the diseases described in AS 03.45.030 .

History. (§§ 33-3-11, 33-3-12 ACLA 1949)

Opinions of attorney general. —

The statutory authority for the Department of Natural Resources’ jurisdiction over importation of animals is, with the possible exception of rabid animals and animals diseased with livestock diseases listed in AS 03.45.030 , limited to domestic animals and poultry, and does not extend to live feral animals, whether indigenous to the State of Alaska or not. August 29, 1979 Op. Att’y Gen.

A Department of Natural Resources regulation restricting the importation into the state of “any animal . . . affected with any infections or communicable disease” exceeded the scope of the statutory authority for the regulation where the regulation was applicable not only to domestic animals but also to wild or feral animals. August 29, 1979 Op. Att’y Gen.

Sec. 03.45.030. Conditions of importation of certain animals.

A person may not bring into the state any horse, cattle, or swine for work, feeding, breeding, dairying, or for any other purpose unless the animal has been examined and found free from glanders, farcy, tuberculosis, actinomycosis, rinderpest, foot and mouth disease, contagious abortion, contagious keratitis, scabies, maladie du coit, swine plague, and hog cholera. Swine in addition shall have been given the serum treatment for hog cholera within two weeks before shipping, unless a permit has been obtained from the proper authorities of the state, territory, or foreign country from which the animal is shipped, or from an inspector of the Department of Agriculture of the United States assigned to the division of dairy and livestock in the state, territory, or foreign country from which the animal is shipped. A steamship or transportation company or other common carrier may not bring any animal into the state without first having had it examined, or treated, and found free from the diseases described in this section and having obtained the permit provided for in this section.

History. (§ 33-3-13 ACLA 1949)

Opinions of attorney general. —

The statutory authority for the Department of Natural Resources’ jurisdiction over importation of animals is, with the possible exception of rabid animals and animals diseased with livestock diseases listed in AS 03.45.030 , limited to domestic animals and poultry, and does not extend to live feral animals, whether indigenous to the State of Alaska or not. August 29, 1979 Op. Att’y Gen.

A Department of Natural Resources regulation restricting the importation into the state of “any animal . . . affected with any infections or communicable disease” exceeded the scope of the statutory authority for the regulation where the regulation was applicable not only to domestic animals but also to wild or feral animals. August 29, 1979 Op. Att’y Gen.

Secs. 03.45.040 — 03.45.080. Penalties; Inspection, quarantine, or destruction of livestock; Procedure for quarantine, destruction, and reimbursement; Compensation to owners of dairy cattle destroyed; records to be kept; Record and payment of value of destroyed dairy cattle. [Repealed, § 10 ch 59 SLA 2006.]

Sec. 03.47.010. Importation.

The importation into the state of bees on bee combs and used beekeeping equipment is prohibited. Section comb honey for human consumption may be imported into the state.

History. (§ 1 ch 55 SLA 1982)

Sec. 03.47.020. Importation of bees.

All bees imported into the state shall be accompanied by a health certificate that states that the bees come from an apiary apparently free of bee diseases and that is signed by an apiary inspector determined to be qualified by the division.

History. (§ 1 ch 55 SLA 1982)

Administrative Code. —

For bees and beneficial insects, see 11 AAC 35.

Sec. 03.47.030. Duties of the division.

1. The division shall investigate reported cases of diseased bees and cases of diseased bees discovered by the division.
2. The division shall take action necessary to prevent the spread of bee diseases.  Bees or used beekeeping equipment found to contain the causative organisms of American foulbrood (Bacillus larvae) or European foulbrood (Streptococcus pluton) shall be immediately quarantined and treated within five days by
   1. chamber fumigation using ethylene oxide or other gases approved by the division;
   2. sterilization by boiling in lyewater for at least 15 minutes; or
   3. destruction of bees, bee combs, and frames by burning followed by burying 18 inches deep.
3. Notwithstanding (b) of this section, hive boxes, top and bottom boards found to contain the causative organisms of American foulbrood (Bacillus larvae) or European foulbrood (Streptococcus pluton) may be salvaged by scorching inside surfaces and edges using a flame to produce a light brown charring of the wood unless the boxes, top and bottom boards are in poor condition due to weathering, rotting, or ant tunneling.
4. A quarantine imposed under this section may not be removed until infected bees and used beekeeping equipment are destroyed or the division determines through testing that the used beekeeping equipment is free of the disease.
5. The division shall adopt regulations necessary to carry out the purposes of this chapter.

History. (§ 1 ch 55 SLA 1982)

Administrative Code. —

For bees and beneficial insects, see 11 AAC 35.

Sec. 03.47.035. Penalty.

A person who violates this chapter or a regulation adopted under this chapter is guilty of a class B misdemeanor.

History. (§ 1 ch 4 SLA 1983)

Cross references. —

For penalties for misdemeanors, see AS 12.55.035 and 12.55.135 .

Sec. 03.47.040. Definitions.

In this chapter,

1. “bees” means honey-producing insects of the genus Apis and includes the adults, eggs, larvae, pupae, and other immature stages of the insects;
2. “division” means the division of the department with responsibility for agriculture;
3. “used beekeeping equipment” means equipment that has been used to feed or house bees, including hive boxes, frames, pollen traps, queen excluders, inner covers, supers, tops, bottom boards, slatted racks, and bee combs, or other wooden or plastic beehive parts that have been in contact with honeybees.

History. (§ 1 ch 55 SLA 1982; am § 6 ch 41 SLA 2009)

Effect of amendments. —

The 2009 amendment, effective June 21, 2009, in (2), substituted “division of the department with responsibility for agriculture” for “division of agriculture, Department of Natural Resources”.

Sec. 03.55.010. Killing of vicious or mad dog authorized.

Any person may lawfully kill any vicious or mad dog running at large.

History. (§ 33-3-91 ACLA 1949)

Cross references. —

For power of a municipality to regulate licensing, impounding, and disposition of animals, see AS 29.35.200(b) and 29.35.210(a) and (b).

Administrative Code. —

For state park land and water restrictions, see 11 AAC 12, art. 1.

Sec. 03.55.020. Vicious dogs.

Any dog which when unprovoked has ever bitten or attacked a human being is considered vicious within the meaning of AS 03.55.010 .

History. (§ 33-3-92 ACLA 1949)

Administrative Code. —

For state park land and water restrictions, see 11 AAC 12, art. 1.

Sec. 03.55.030. Dogs that annoy or bite animals or birds.

Whenever any dog habitually annoys any wild deer, reindeer, sheep, cattle, horse, or other animal or bird either domestic or wild, or evinces a disposition which makes it likely that it will without provocation bite an animal or fowl, any person may lawfully kill the dog, when at large. The owner or keeper of the dog, if known or reasonably identifiable, shall be notified and given reasonable opportunity to restrain the dog before it is lawful to kill it. Persons authorized to enforce AS 16.05 (Alaska Fish and Game Code) and peace officers may enforce this section.

History. (§ 33-3-93 ACLA 1949)

Cross references. —

For power of a municipality to regulate licensing, impounding, and disposition of animals, see AS 29.35.200(b) and 29.35.210(a) and (b).

Administrative Code. —

For state park land and water restrictions, see 11 AAC 12, art. 1.

Secs. 03.55.040 — 03.55.060. Dog control by governmental units. [Repealed, § 9 ch 109 SLA 1966.]

Sec. 03.55.070. Power of village council to control dogs.

1. A village council duly elected by residents of an unincorporated village not within an organized borough may destroy loose dogs in the village and may otherwise control dogs to the extent authorized first class cities.
2. The council may impose and enforce the provisions of a dog control ordinance in the total area within 20 miles of the village.  The ordinance must generally describe the area in which it is imposed.  If two villages having dog control ordinances lie within 40 miles of each other, the jurisdiction of each village terminates at a point midway between them.

History. (§ 4 ch 120 SLA 1962; am § 7 ch 109 SLA 1966)

Revisor’s notes. —

Enacted as 18.75.040. Renumbered in 1986.

Cross references. —

For power of municipalities to regulate licensing, impounding, and disposition of animals, see AS 29.35.200(b) and 29.35.210(a) and (b); for powers of first class cities, see AS 29.35.250 and 29.35.260 .

Collateral references. —

3B C.J.S., Animals, §§ 12-20, 417 et seq.

Police power as authorizing statute providing for destruction of dogs. 56 ALR2d 1024.

Construction and application of ordinances relating to unrestrained dogs, cats, or other domesticated animals. 1 ALR4th 994.

Sec. 03.55.100. Minimum standards of care for animals.

1. The minimum standards of care for animals include
   1. food and water sufficient to maintain each animal in good health;
   2. an environment compatible with protecting and maintaining the good health and safety of the animal; and
   3. reasonable medical care at times and to the extent available and necessary to maintain the animal in good health.
2. Any determination as to whether or not the standards of this chapter are met shall be based on the professional opinion of a veterinarian licensed under AS 08.98.
3. The department may adopt regulations to implement this section.

History. (§ 1 ch 139 SLA 2004)

Sec. 03.55.110. Investigation of cruelty to animals complaints.

1. A person who believes that cruelty to animals has taken place or is taking place may file a complaint with a public or private animal control agency or organization, the department, or a peace officer. An agency or organization or the department may refer the complaint to a peace officer.
2. A peace officer who receives a complaint of animal cruelty may apply for a search warrant under AS 12.35 to the judicial officer in the judicial district in which the alleged violation has taken place or is taking place. If the court finds that probable cause exists, the court shall issue a search warrant directing a peace officer to proceed immediately to the location of the alleged violation, search the place designated in the warrant, and, if warranted, seize property, including animals, specified in the warrant. The warrant shall be executed by the peace officer and returned to the court.
3. Before a peace officer may seize an animal and place it into protective custody, the peace officer shall request an immediate inspection and decision by a veterinarian licensed under AS 08.98 that placement into protective custody is in the immediate best interest of the animal. If a veterinarian is not available and willing to perform an inspection, before a peace officer may seize an animal, the peace officer shall communicate with a veterinarian who has, after hearing a description of the condition of the animal and its environment, decided it is in the immediate best interest of the animal that it be placed into protective custody. If the peace officer is not able to communicate with a veterinarian, before the officer may seize an animal, the officer shall decide it is in the immediate best interest of the animal that it be placed into protective custody.

History. (§ 1 ch 139 SLA 2004; am §§ 1, 2 ch 60 SLA 2016)

Effect of amendments. —

The 2016 amendment, effective January 17, 2017, in the second sentence of (b), substituted “seize property” for “take property”, in (c), substituted “seize” for “take” three times, inserted “and willing” following “If a veterinarian is not available” in the second sentence, deleted the definition of “peace officer” at the end.

Collateral references. —

Challenges to pre- and postconviction forfeitures and to postconviction restitution under animal cruelty statutes, 70 ALR6th 329.

Sec. 03.55.120. Seizure of animals.

1. A peace officer shall place an animal in protective custody before seizing the animal from the location where it was found. If the animal is seized, the peace officer shall place the animal with a veterinarian licensed under AS 08.98 or, if a veterinarian is not readily available and willing to accept the animal, then with a responsible public or private custodian to be sheltered, cared for, and provided necessary medical attention.
2. A peace officer who has seized an animal shall immediately notify the animal’s owner in writing of the seizure and of the owner’s right to petition the court under AS 03.55.130 for return of the animal. Notification may be delivered in person, posted at the owner’s residence, or mailed to the owner.
3. If a seized animal’s owner is unknown and cannot be ascertained with reasonable effort,
   1. the animal shall be considered a stray or abandoned; and
   2. the notice required in (b) of this section shall be conspicuously posted at the premises from which the animal was seized.
4. The state, a municipality, or a person that supplies shelter, care, veterinary attention, or medical treatment for an animal seized under this section shall make a reasonable effort to locate the owner.
5. The owner of an animal seized under (a) of this section may not recover damages for injury to or death of the animal occurring while the animal is in the custody of the state, a municipality, or a person under this section, unless the owner shows that the injury or death was caused by gross negligence or reckless or intentional misconduct.

History. (§ 1 ch 139 SLA 2004; am §§ 3, 4 ch 60 SLA 2016)

Effect of amendments. —

The 2016 amendment, effective January 17, 2017, in (a), substituted “seizing” for “removing”, “seized” for “removed”, inserted “and willing to accept the animal, then” following “not readily available”; in (b), substituted “seized” for “removed” and “seizure” for “removal”; in (c), substituted “seized” for “removed”, added (c)(2); added (e); made related and stylistic changes.

Sec. 03.55.130. Destruction and adoption of animals.

1. If a determination is made by a veterinarian licensed under AS 08.98, by a peace officer in consultation with a veterinarian licensed under AS 08.98, or by a peace officer who is unable to locate or communicate with a veterinarian licensed under AS 08.98 that an animal seized under AS 03.55.100 - 03.55.190 is injured or diseased to such an extent that, in the opinion of the veterinarian, it is probable the animal cannot recover, the veterinarian or the peace officer may humanely destroy the animal or arrange for the animal’s humane destruction.
2. Upon diagnosis and recommendation of a veterinarian licensed under AS 08.98, a public or private custodian may humanely destroy or arrange for the humane destruction of a severely injured, diseased, or suffering animal that has been seized under AS 03.55.100 - 03.55.190 .
3. An owner of an animal destroyed under this section may not recover damages for the destruction of the animal unless the owner shows that the destruction was not reasonable under the facts as known to the veterinarian or the peace officer authorizing the destruction.
4. Except as provided in (a) or (b) of this section, the custodian of an animal may not adopt, provide for the adoption of, or euthanize the animal within 10 business days after the animal is taken into custody. An owner or custodian may prevent the animal’s adoption or destruction by petitioning the court of the judicial district in which the animal was seized for the animal’s return, subject to court-imposed conditions.
5. The court may, on its own accord or upon a filing by the custodian, the owner of the animal, or the entity that seized the animal, enter an order for the cost of care of the animal pending final disposition of the custody of the animal. An order under this section may include a requirement that the owner of the animal post a bond or other security to guarantee that the cost of care of the animal is received and maintained. If, without justifiable cause, the owner of the animal fails to comply with an order under this section, the court may order that the animal be forfeited.
6. The state may not be required to reimburse a public or private agency, organization, or person that voluntarily assists with the seizure of an animal or receives custody of an animal seized under this section for the cost of care of the animal.
7. Nothing in (d) or (e) of this section shall shift the burden of proof from the party who would otherwise have that burden.

History. (§ 1 ch 139 SLA 2004; am §§ 5 — 10 ch 60 SLA 2016)

Effect of amendments. —

The 2016 amendment, effective January 17, 2017, in (a), (b), (d), and (f), substituted “seized” for “removed”; in (d), inserted “or custodian” following “An owner” at the beginning of the second sentence of the introductory language, substituted “the animal's return subject to court-imposed conditions” for “the animal's immediate return, subject, if appropriate, to court-imposed conditions” near the end; deleted former (d)(2), which read, “posting a bond or security with the court of the judicial district in which the animal was seized in an amount determined by the court to be sufficient to provide for the animal's care for a minimum of 30 days from the date the animal was removed”; rewrote (e); in (f), substituted “the seizure” for “a removal” and “the cost of care of the animal” for “costs of shelter, care, veterinary assistance or medical treatment rendered to the animal”; added (g); made related and stylistic changes.

Sec. 03.55.190. Definitions.

In AS 03.55.100 — 03.55.190 ,

1. “animal” has the meaning given in AS 11.81.900 ;
2. “cost of care” means the cost of shelter, care, veterinary assistance, and medical treatment rendered to the animal;
3. “cruelty to animals” includes acts constituting cruelty to animals under AS 11.61.140(a) , acts promoting an exhibition of fighting animals under AS 11.61.145(a)(1) or (2), and other serious acts of animal cruelty warranting protective actions under AS 03.55.100 — 03.55.190 , whether or not they are specifically listed in AS 11.61.140 or 11.61.145 ;
4. “custodian” means a person responsible by law for the care, custody, or control of animals;
5. “department” means the Department of Environmental Conservation;
6. “peace officer” means
   1. an officer of the state troopers;
   2. a member of the police force of a municipality;
   3. a village public safety officer; or
   4. a regional public safety officer.

History. (§ 1 ch 139 SLA 2004; am § 11 ch 60 SLA 2016)

Revisor's notes. —

Paragraphs (2) and (3) were enacted as (4) and (5); renumbered in 2016 for alphabetical consistency at which time other paragraphs were also renumbered.

Effect of amendments. —

The 2016 amendment, effective January 17, 2017, added (4) — (6) [now (2), (3), and (6)].

Sec. 03.58.010. Prohibition.

A person may not sell, offer for sale, represent, or label a raw or processed agricultural product, including ingredients, as “organic” unless the product has been produced, handled, and certified under 7 U.S.C. 6501—6522, as amended, or under the state organic certification program established under AS 03.58.015 .

History. (§ 2 ch 83 SLA 1989; am § 1 ch 64 SLA 2003)

Sec. 03.58.015. State organic certification program.

1. The department may establish a state organic certification program for producers and handlers of agricultural products within the state that meets the requirements for approval under 7 U.S.C. 6501 — 6522, as amended.
2. The department may apply under 7 U.S.C. 6514, as amended, for accreditation as a certifying agent under 7 U.S.C. 6501 — 6522, as amended.

History. (§ 2 ch 64 SLA 2003)

Sec. 03.58.020. Disclosure.

1. Except as provided in (b) of this section, a person may not sell food represented as organic food unless the name and address of the producer of the food are displayed with the food. If the food is not displayed at the purchase site, a written statement with the name and address of the producer must be given to the purchaser unless the name and address are identified on a package containing the purchased food. This subsection does not apply to a sale for consumption on the premises.
2. Advertising for the mail order sale of food represented as organic food must include the name and address of the producer of the food.

History. (§ 2 ch 83 SLA 1989)

Sec. 03.58.030. Sworn statement of compliance.

1. A producer may not sell to a vendor food represented as organic food unless before the sale the producer provides the vendor with a sworn statement that the producer has grown, raised, or otherwise produced the food in compliance with AS 03.58.010 . If a producer sells the food to the same vendor more than one time during a calendar year, one statement for the calendar year is sufficient to comply with this section.
2. [Repealed, § 7 ch 64 SLA 2003.]

History. (§ 2 ch 83 SLA 1989; am § 7 ch 64 SLA 2003)

Sec. 03.58.040. Records.

A person who sells food represented as organic food shall maintain the records relating to this chapter that the department reasonably requires and shall furnish them to the department when requested by the department.

History. (§ 2 ch 83 SLA 1989)

Sec. 03.58.050. Regulations.

The department may adopt regulations under AS 44.62 (Administrative Procedure Act) to carry out this chapter, including regulations to establish reasonable fees for services provided by the department.

History. (§ 2 ch 83 SLA 1989; am § 3 ch 64 SLA 2003)

Sec. 03.58.060. Enforcement.

1. If the department determines that a person is violating a provision of this chapter, or a regulation adopted under this chapter, the department shall order the person to stop the violation and to refrain from future violations.
2. If a person violates this chapter or a regulation adopted under this chapter, the person is liable to the state for
   1. a civil fine established by the department by regulation plus the state’s estimated costs of investigating and taking appropriate administrative and enforcement actions for the violation, including attorney fees;
   2. an additional civil penalty of three times the value of the product knowingly sold in violation of this chapter.
3. The provisions of this section are in addition to the remedies available under AS 45.50.471 — 45.50.561 and federal statute and regulation.

History. (§ 2 ch 83 SLA 1989; am §§ 4, 5 ch 64 SLA 2003)

Sec. 03.58.065. Applicability.

This chapter does not apply to meat, fish, or poultry.

History. (§ 6 ch 64 SLA 2003)

Sec. 03.58.070. Definitions. [Repealed, § 7 ch 64 SLA 2003.]

Sec. 03.60.005. Use of decompression chamber prohibited. [Repealed, § 2 ch 59 SLA 1982.]

Sec. 03.60.010. [Renumbered as AS 03.90.010.]

Sec. 03.90.010. Definitions.

In this title, unless otherwise indicated,

1. “commissioner” means the commissioner of natural resources;
2. “department” means the Department of Natural Resources.

History. (am E.O. No. 51, § 17 (1981))

Revisor’s notes. —

Formerly AS 03.60.010 . Renumbered in 2008. This section was reorganized in 1983 to alphabetize the defined terms.