HB452 By Representatives Fincher, Sessions, Brown, Wingo, Holmes (M), Lindsey, Williams (JW), Lee, Davis, Faust and Shedd RFD Agriculture and Forestry Rd 1 09-APR-15

SYNOPSIS: Under existing law, suppliers and food service establishments that supply or serve farm-raised fish or wild fish are required to label certain products with country of origin information.

This bill would remove the requirement that certain fish or fish products be labeled with country of origin information if the information is not required to be provided pursuant to federal law.

A BILL TO BE ENTITLED AN ACT

To amend Section 22-20A-3, Code of Alabama 1975, relating to country of origin information required to be provided by food service establishments; to remove the requirement that certain fish or fish products be labeled with country of origin information if the information is not required to be provided pursuant to federal law.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. Section 22-20A-3, Code of Alabama 1975, is amended to read as follows:

§22-20A-3.

"(a) Any person who supplies farm-raised fish or wild fish to a food service establishment shall provide information of the country of origin of the product to the food service establishment as required by federal law. The State Health Officer, upon verified complaint and in compliance with all applicable state and federal law, shall investigate any and all reports of noncompliance with this subsection. Upon receipt of the verified complaint, a copy of the complaint shall be given to the food service establishment.

"(b) If farm-raised fish or wild fish is supplied to a food service establishment and the fish or fish product is not required to be labeled with the country of origin pursuant to the requirements of federal law, the supplier of the fish or fish product or the food service establishment shall not be required to provide any additional information to comply with this article.

"(c)(b) A food service establishment serving farm-raised fish or wild fish shall place a disclaimer or notice on the menu or on a placard not smaller than 8 and one half inches by 11 inches in close proximity to the food establishment permit, in a conspicuous place specifically stating the following: "Under Alabama law, the consumer has the right to know, upon request to the food service establishment, the country of origin of farm-raised fish or wild fish." The disclaimer or notice listed on a menu shall be listed in print as large as the listing of the product.

"(d)(c) For purposes of this section, the United States is the country of origin for farm-raised fish hatched, raised, harvested, and processed in the United States and wild fish that were harvested in waters of the United States, a territory of the United States, or a state and processed in the United States, a territory of the United States, or a state, including the waters thereof."

Section 2. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.

Health

Fish

Restaurants

Food Services

Labeling

Health Department

Code Amended