Title 17 — Food and Drugs
13 chapters · 148 sections in this title.
AS 17.20.190 Hearings.
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Hearings authorized or required by this chapter shall be conducted under the provisions of AS 44.62 (Administrative Procedure Act).
AS 17.20.200 Inspections and examinations.
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(a) The commissioner of environmental conservation or an agent shall have free access at reasonable hours to a factory, warehouse, or establishment in which foods or cosmetics are manufactured, processed, packed, or held for introduction into commerce, to enter a vehicle being us…
AS 17.20.210 Reimbursement for expenses. [Repealed, § 26 ch 72 SLA 1998.]
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[Repealed or reserved.]
AS 17.20.220 Publication of reports and information.
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(a) The commissioner of environmental conservation and the commissioner of health may have published from time to time reports summarizing judgments, decrees, and court orders which have been rendered under their respective portions of this chapter, including the nature of the ch…
AS 17.20.230 Detention or embargo of goods.
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(a) Whenever the commissioner of environmental conservation finds or has probable cause to believe that a food or cosmetic is adulterated, or so misbranded as to be dangerous or fraudulent within the meaning of this chapter, the commissioner shall affix to it a tag or other appro…
AS 17.20.240 Petition for libel for condemnation.
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When an article detained or embargoed under AS 17.20.230 has been found by the commissioner of environmental conservation or the commissioner of health, as the case may be, to be adulterated or misbranded, the appropriate commissioner shall petition the superior court for a libel…
AS 17.20.250 Destruction of adulterated or misbranded goods.
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If the superior court finds that a detained or embargoed article is adulterated or misbranded, it shall, after entry of the decree, be destroyed at the expense of the claimant, under the supervision of the commissioner of environmental conservation or the commissioner of health, …
AS 17.20.260 Exemption from destruction.
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When the adulteration or misbranding can be corrected by proper labeling or processing of the article, and after entry of the decree and after costs, fees, and expenses have been paid and a good and sufficient bond, conditioned that the article will be properly labeled or process…
AS 17.20.270 Immediate destruction of contaminated food.
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Meat, seafood, poultry, vegetable, fruit, or other perishable article in any room, building, vehicle of transportation, or other structure which is unsound, or contains filthy, decomposed, or putrid substance, or a substance that may be poisonous or deleterious to health or other…
AS 17.20.280 Injunction proceedings.
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Article 7. Prohibited Acts, Penalties, and Liabilities. The commissioner of environmental conservation and the commissioner of health may apply to the superior court for, and the court has jurisdiction to grant, a temporary or permanent injunction restraining a person from violat…
AS 17.20.290 Prohibited acts.
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(a) The following acts and the causing thereof are prohibited: (1) the manufacture, or sale, or delivery, holding, or offering of sale of food, drug, device, or cosmetic that is adulterated or misbranded; (2) the adulteration or misbranding of food, drug, device, or cosmetic; (3)…
AS 17.20.300 Determination of misleading labeling or advertisement.
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If an article is alleged to be misbranded because the labeling is misleading, or if an advertisement is alleged to be false because it is misleading, in determining whether the labeling or advertisement is misleading, there shall be taken into account among other things represent…
AS 17.20.305 Penalty for violation.
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A person who with criminal negligence violates a provision of this chapter or a regulation, order, quarantine, embargo, or recall made under authority of this chapter, or violates a provision of a permit issued under this chapter, is guilty of a class A misdemeanor for each offen…
AS 17.20.310 Penalties. [Repealed, § 26 ch 72 SLA 1998.]
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[Repealed or reserved.]
AS 17.20.315 Civil fine.
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(a) In addition to any other penalties imposed under this chapter or AS 45.50.471 — 45.50.561, the department may impose a civil fine on a person for a serious violation or a repeat violation of this chapter, including the regulations adopted under this chapter. (b) The departmen…
AS 17.20.320 Effect of written guaranty.
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A person is not subject to the penalties of AS 17.20.305, 17.20.315, or AS 45.50.471 — 45.50.561 for having violated AS 17.20.290(a)(1) or (3) if that person establishes a guaranty or undertaking signed by and containing the name and address of the person residing in the state fr…
AS 17.20.330 Liability for dissemination of false advertising.
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Article 8. Homemade Food; Animal Shares. The publisher, radio-broadcast licensee, or agency or medium for the dissemination of an advertisement, except the manufacturer, packer, distributor, or seller of the article to which a false advertisement relates, is not liable under AS 1…
AS 17.20.332 Exemption for homemade food.
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(a) Except as otherwise provided in AS 17.20.332 — 17.20.338, a homemade food produced, sold, and consumed in compliance with this section is exempt from state labeling, licensing, packaging, permitting, and inspection requirements. (b) The sale of a homemade food under this sect…
AS 17.20.334 Animal shares.
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(a) A person may acquire meat from a producer by way of an ownership interest in the animal or herd from which the meat originated if (1) the meat is (A) delivered directly from the farm or ranch where the animal or herd subject to the person's ownership interest is located; and …
AS 17.20.336 Exceptions.
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Nothing in AS 17.20.332 — 17.20.338 (1) prevents the Department of Environmental Conservation from (A) conducting inspections necessary to investigate reports of (i) foodborne illness or food-caused injury or death; (ii) unsafe sanitary practices; or (iii) misbranded or adulterat…
AS 17.20.338 Definitions.
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Article 9. General Provisions. In AS 17.20.332 — 17.20.338, (1) “agricultural fair” means a fair, the major focus of which is displays, exhibitions, demonstrations, contests, or promotions of agricultural concern to the region in which the fair is located; (2) “commercial food es…
AS 17.20.340 Scope of provisions dealing with sale.
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The provisions of this chapter regarding the sale of food, drugs, devices, or cosmetics include the manufacture, production, processing, packing, exposure, offer, possession, and holding of them for sale; the sale, dispensing, and giving of them, and the supplying or applying of …
AS 17.20.345 Liability of food donor.
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(a) Notwithstanding the provisions of AS 17.20.290, 17.20.305, or 17.20.315, a donor of food for free distribution by a food bank or charitable organization is not subject to civil or criminal liability arising from an injury or death attributable to the condition of the donated …
AS 17.20.346 Liability of food bank or charitable organization.
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(a) Notwithstanding the provisions of AS 17.20.290, 17.20.305, or 17.20.315, a food bank or charitable organization that receives and distributes food is not subject to civil or criminal liability arising from an injury or death attributable to the condition of the food if (1) th…
AS 17.20.347 Definitions.
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In AS 17.20.345 — 17.20.347, (1) “charitable organization” means a nonprofit organization that provides food without charge to individuals who do not have money to pay for the food or who do not have homes; (2) “donor” includes a person, farmer, retailer, delicatessen, restaurant…
AS 17.20.350 Report of minor violations.
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Nothing in this chapter requires either the commissioner of environmental conservation or the commissioner of health, as the case may be, to report minor violations of their respective portions of this chapter for prosecution, or for the institution of libel or injunction proceed…
AS 17.20.360 Attorney general to prosecute.
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The attorney general, to whom the commissioner of environmental conservation or the commissioner of health, as the case may be, reports a violation of this chapter, shall institute appropriate proceedings in the superior court without delay and prosecute them in the manner requir…
AS 17.20.365 Additional enforcement powers, penalties, and remedies.
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[Repealed or reserved.]
AS 17.20.370 Definitions.
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In this chapter, (1) “advertisement” means a representation disseminated, other than by labeling, for the purpose of inducing, or which is likely to induce directly or indirectly the purchase of food, drugs, devices, or cosmetics; (2) “aquatic farm” has the meaning given in AS 16…
AS 17.20.380 Short title.
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This chapter may be cited as the Alaska Food, Drug, and Cosmetic Act.
AS 17.21.010 Illicit synthetic drugs.
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(a) A person may not possess, offer, display, market, advertise for sale, or sell an illicit synthetic drug. (b) A synthetic drug is illicit if (1) the label (A) is false or misleading; (B) does not specify the identity of the substances contained in the synthetic drug; or (C) do…
AS 17.21.020 Exemption.
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AS 17.21.010 does not apply to a synthetic drug intended solely for investigational use by experts qualified by scientific training and experience to investigate the safety of drugs if the drug is plainly labeled “for investigational use only,” and the investigational use is auth…
AS 17.21.030 Enforcement and penalties.
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(a) The commissioner of public safety is responsible for enforcing this chapter and may (1) delegate that authority as appropriate; and (2) cooperate with the Department of Health in carrying out the commissioner's enforcement activities. (b) This section does not limit the autho…
AS 17.21.090 Definitions.
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In this chapter, unless the context clearly requires otherwise, (1) “controlled substance” has the meaning given in AS 11.71.900; (2) “drug” has the meaning given in AS 17.20.370; (3) “synthetic drug” means a substance that is (A) a chemical or chemical compound intended, when in…
AS 17.22.010 Prescription, purchase, and administration of epinephrine by a trained individual.
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An individual who is 18 years of age or older may obtain a prescription for, purchase, and, in an emergency situation, administer epinephrine to another person using an auto-injector, if the individual has successfully completed a training program approved by the board under AS 1…
AS 17.22.020 Approval of training programs.
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(a) The board shall adopt standards for the approval of a training program for the use of epinephrine auto-injectors. (b) The board shall approve an auto-injector training program that meets standards adopted under (a) of this section. The standards must require an epinephrine au…
AS 17.22.030 Applicability.
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This chapter does not apply to a person who is authorized under another law to administer epinephrine.
AS 17.22.040 Liability of certified individual.
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A claim for relief may not be brought against an individual who has successfully completed an auto-injector training program approved by the board under AS 17.22.020 for an act or omission relating to the administration of epinephrine to another individual in an emergency situati…
AS 17.22.090 Definitions.
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In this chapter, (1) “board” means the Board of Pharmacy; (2) “emergency situation” means a circumstance where an individual experiences, or appears to experience, a severe asthmatic or allergic reaction, including anaphylaxis, that requires the administration of epinephrine to a…
AS 17.30.010 Regulations. [Repealed, § 22 ch 146 SLA 1986.]
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[Repealed or reserved.]
AS 17.30.020 Registration requirements; inspections.
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(a) A person who manufactures, distributes, dispenses, or conducts research with a controlled substance in the state or who proposes to manufacture, distribute, or dispense a controlled substance in the state, shall comply with the registration requirements of 21 U.S.C. 811 — 830…
AS 17.30.060 Records of registrants.
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A person registered under federal law to manufacture, distribute, dispense, or conduct research with controlled substances in the state shall keep records and maintain inventories in conformance with the record keeping and inventory requirements of federal law.
AS 17.30.070 Order forms; prescriptions.
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(a) A controlled substance may be distributed by one registrant to another registrant only if the distribution is in accordance with federal requirements for order forms. (b) A controlled substance may not be dispensed by a practitioner other than in accordance with federal requi…
AS 17.30.080 Unlawful administration, prescription, and dispensation of controlled substances.
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(a) A controlled substance classified under federal law or in a schedule set out in AS 11.71.140 — 11.71.190 may not be administered, prescribed, dispensed, or distributed other than for a medical purpose. (b) A person who violates (a) of this section, or who otherwise manufactur…
AS 17.30.090 Sale or purchase of certain listed chemicals.
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Article 2. Enforcement and Forfeiture. (a) A seller, retailer, or vendor may not sell for personal use and a person may not purchase for personal use ephedrine base, pseudoephedrine base, or phenylpropanolamine base, as those terms are used in P.L. 109-177, 120 Stat. 192, unless …
AS 17.30.100 Powers of the Department of Public Safety.
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(a) The commissioner of public safety shall enforce this chapter and shall cooperate with other state and federal agencies in the discharge of their responsibilities pertaining to illicit traffic in controlled substances and in suppressing the abuse of controlled substances. Unde…
AS 17.30.110 Items subject to forfeiture.
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The following may be forfeited to the state: (1) a controlled substance that has been manufactured, distributed, dispensed, acquired, or possessed in violation of this chapter or AS 11.71; (2) raw materials, products, and equipment that are used or intended for use in manufacturi…
AS 17.30.112 Proceedings resulting in forfeiture.
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(a) Property listed in AS 17.30.110 may be forfeited to the state either upon conviction of the defendant of a violation of this chapter or AS 11.71, or upon judgment of a court in a separate civil proceeding in rem. The court may order a forfeiture in the in rem proceeding if it…
AS 17.30.114 Seizure and custody of property.
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(a) Property listed in AS 17.30.110 may be seized by a peace officer upon an order issued by a court having jurisdiction over the property upon a showing of probable cause that the property may be forfeited under AS 17.30.110. Seizure without a court order may be made if (1) the …
AS 17.30.116 Procedure for forfeiture action.
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(a) Within 20 days after a seizure under AS 17.30.110 — 17.30.126, the commissioner of public safety shall, by certified mail, notify any person known to have an interest in an item with an appraised value of $500 or more, or who is ascertainable from official registration number…