Case Law

• Alaska Supreme Court Opinions

Statutes, Rules & Regulations

• Alaska Statutes
• Alaska Administrative Code

Constitutions

Miscellaneous

Search

Advertising with us can place you in front of thousands of visitors a day. Learn more!

Alaska Statutes.

Title 3. Agriculture, Animals, and Food.

Chapter 5. Powers and Duties of Commissioners of Natural Resources and Environmental Conservation

Section 10. Powers and Duties of Commissioner of Natural Resources.

AS 03.05.010. Powers and Duties of Commissioner of Natural Resources.

(a) The commissioner of natural resources shall

(1) direct, administer, and supervise promotional and experimental work, extension services, and agricultural projects for the purpose of promoting and developing commercial and noncommercial agricultural industry in the state including horticulture, dairying, cattle raising, fur farming, grain production, vegetable production, and agricultural products;

(2) procure and preserve all information pertaining to developing the agricultural industry in the state and disseminate that information to the public;

(3) assist prospective settlers and others to engage in the agricultural industry in the state by providing information about activities and programs essential to developing the agricultural industry and areas in the state that are suitable for agriculture;

(4) review the marketing, financing, transportation, and development of agricultural products in the state, with special emphasis on local production, and negotiate for the marketing of agricultural products of the state with federal and state agencies operating in the state;

(5) regulate and control the entry in the state and the transportation, sale, or use in the state of plants, seeds, vegetables, shell eggs, fruits and berries, nursery stock, animal feeds, remedies and mineral supplements, fertilizers, and agricultural chemicals to prevent the spread of pests, diseases, or toxic substances injurious to the public interest, and protect the agricultural industry against fraud, deception, and misrepresentation; for purposes of this paragraph, the commissioner may require registration, inspection, and testing and may establish procedures and fees;

(6) regulate the farming of elk in a manner similar to the manner in which the commissioner regulates domestic animals and livestock, to the extent that is appropriate;

(7) adopt regulations relating to industrial hemp, including regulations that

(A) specify approved sources or varieties of hemp seed to be grown, sold, or offered for sale by an individual registered to produce industrial hemp;

(B) require testing, paid for by the registrant, for delta-9-tetrahydrocannabinol concentration following harvest of the industrial hemp;

(C) provide for general production practices to avoid the unintended distribution of industrial hemp seeds by registrants into nonagricultural land;

(D) establish isolation distances for the production of industrial hemp; in this subparagraph, “isolation distance” means the minimum separation required between two or more varieties of the plant (genus) Cannabis for the purpose of keeping the seed pure;

(E) permit manufacturing and retail sale of industrial hemp and products made from industrial hemp;

(F) establish a registration and renewal procedure for a participant in the industrial hemp program developed under AS 03.05.076;

(8) submit a list of individuals registered to produce industrial hemp under AS 03.05.076 and the expiration dates of the registrations to the Marijuana Control Board and the Department of Public Safety;

(9) regulate the labeling of seed that does not comply with the requirements of AS 03.20.130.

(b) To carry out the requirements of this title, the commissioner of natural resources may issue orders, regulations, quarantines, and embargoes relating to

(1) examination and inspection of premises containing products, articles, and commodities carrying pests;

(2) establishment of quarantines for eradication of pests;

(3) establishment of standards and labeling requirements pertaining to the sale of agricultural and vegetable seeds;

(4) tests and analyses that may be made and hearings that may be held to determine whether the commissioner will issue a stop order or quarantine;

(5) cooperation with federal and other state agencies; and

(6) industrial hemp.

(c) The commissioner of natural resources shall notify the Marijuana Control Board and the Department of Public Safety when the commissioner issues a stop order. The commissioner of natural resources

(1) shall issue a stop order to a person

(A) not registered under AS 03.05.076 who is found to be producing a plant with delta-9-tetrahydrocannabinol; or

(B) registered under AS 03.05.076 who is found to be producing a plant with delta-9-tetrahydrocannabinol over one percent; and

(2) may issue a stop order to a person registered under AS 03.05.076 who is found to be producing a plant with delta-9-tetrahydrocannabinol between 0.3 percent and one percent.

(d) The commissioner of natural resources may sell promotional merchandise related to the “Alaska Grown” trademark and may charge or collect a fee for the sale of promotional merchandise related to the “Alaska Grown” trademark. The commissioner may issue a license and charge a license fee for the sale of promotional merchandise related to the “Alaska Grown” trademark. The commissioner shall price merchandise sold by the commissioner under this subsection in a manner that ensures a reasonable monetary return to the state. To the extent practicable, the commissioner shall sell only merchandise produced or manufactured in the United States that, subject to AS 36.30, is procured from either an Alaska bidder or a person that employs prisoners under AS 33.30.191(b).