Title 03 — Agriculture, Animals, and Food
23 chapters · 143 sections in this title.
AS 03.20.035 Application for and granting of capital improvement aid.
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(a) 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 c…
AS 03.20.040 Display of exhibits outside state.
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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 …
AS 03.20.050 More than one association and fair permitted.
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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…
AS 03.20.060 Expenditure of aid for nonperishable exhibits.
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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.
AS 03.20.070 Funds to be returned if unexpended or if no fair held.
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(a) 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 t…
AS 03.20.080 Definitions.
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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 …
AS 03.20.100 Farm-to-school program established. [Repealed, § 5 ch 11 SLA 2010.]
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Article 2. Noncommercial Transfer of Seed and Community Seed Libraries.
AS 03.20.110 Noncommercial transfer of seed.
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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.
AS 03.20.120 Community seed libraries.
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(a) 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 comp…
AS 03.20.130 Limitations.
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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.
AS 03.20.140 Online publication of noncommercial giving or exchanging of seed.
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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…
AS 03.20.150 Applicability of other laws.
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Article 3. Forgivable Loan Programs for Farm Development and Improvement and Meat Processing Facilities. 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 (A) f…
AS 03.20.200 Forgivable loan program for farm development and improvement.
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(a) The division of the department with responsibility for agriculture shall establish a forgivable loan program in regulation, under which a recipient's loan may be forgiven by the department if the recipient implements a business plan approved by the department to develop or ma…
AS 03.20.210 Forgivable loan program for meat processing facilities.
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(a) The department shall establish a forgivable loan program in regulation, under which a recipient's loan may be forgiven by the department if the recipient implements a business plan approved by the department and begins processing meat, or increases the quantity of meat proces…
AS 03.22.010 Establishment of plant materials center.
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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.
AS 03.22.020 Purpose of center.
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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 c…
AS 03.22.030 Center site, buildings, and equipment.
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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 neces…
AS 03.22.040 Personnel.
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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 th…
AS 03.22.050 Department to cooperate.
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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 understand…
AS 03.22.060 Reports.
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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.
AS 03.22.070 Acceptance of assistance.
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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.
AS 03.22.080 Payments and vouchers.
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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.
AS 03.30.010 What constitutes legal fence. [Repealed, § 3 ch 55 SLA 1977.]
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[Repealed or reserved.]
AS 03.30.020 Duty to keep barbed wire fences in repair.
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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 an…
AS 03.30.030 Fence as nuisance.
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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.
AS 03.30.060 Failure to close roadside gate used for retaining livestock.
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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 t…
AS 03.35.010 Establishment of controlled livestock districts; prohibition against animals at large.
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(a) 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. (b) The owner and the person having custody and control of a…
AS 03.35.020 Petition for establishment, addition, elimination, or dissolution.
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(a) 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 cont…
AS 03.35.030 Notice, hearing, and order.
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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 pu…
AS 03.35.035 Identification of domestic animals within controlled livestock district.
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(a) 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 03.35.040 Liability for damages; lien.
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(a) 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 cont…
AS 03.35.050 Impounding and public sale of animals running at large.
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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 i…
AS 03.35.055 Public auction.
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(a) 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 …
AS 03.35.060 Penalty for removing impounded animal. [Repealed, § 21 ch 166 SLA 1978.]
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[Repealed or reserved.]
AS 03.35.070 Definitions.
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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.
AS 03.40.010 Brands and marks.
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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.
AS 03.40.020 Record of ownership.
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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…
AS 03.40.030 Recording.
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(a) To adopt a brand or mark, a person shall forward to the commissioner 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 c…
AS 03.40.040 Copy of record; procurement; fee.
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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.
AS 03.40.050 Use without certificate prohibited.
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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.
AS 03.40.060 Penalty for use without certificate.
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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.
AS 03.40.070 Brand is personal property.
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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 recorde…
AS 03.40.080 Record is evidence of ownership.
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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.
AS 03.40.090 Publication of record.
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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 ma…
AS 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.]
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[Repealed or reserved.]
AS 03.40.110 Animals from other states.
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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 own…
AS 03.40.120 Sale of branded livestock.
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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 sa…
AS 03.40.130 Exhibition of bill of sale by purchaser.
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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 …
AS 03.40.140 Sale without power of attorney or bill of sale prohibited.
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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 add…
AS 03.40.150 Penalty for sale without power of attorney or bill of sale; proof; defenses.
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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 …