Sec. 17.20.290. Prohibited acts.
(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) the receipt in commerce of food, drug, device, or cosmetic […]
Sec. 17.20.300. Determination of misleading labeling or advertisement.
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 representations made or suggested by statement, word, design, device, sound, or […]
Sec. 17.20.305. Penalty for violation.
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 offense. The use of this section for a violation […]
Sec. 17.20.315. Civil fine.
(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 department shall, by regulation, adopt a schedule of fines […]
Sec. 17.20.320. Effect of written guaranty.
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 from whom the article was received in good […]
Sec. 17.20.330. Liability for dissemination of false advertising.
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 17.20.305, 17.20.315, or AS 45.50.471 – 45.50.561 for the dissemination of the false advertisement, unless the publisher, licensee, agency, or […]
Sec. 17.20.340. Scope of provisions dealing with sale.
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 them in the conduct of a food, drug, or cosmetic establishment.
Sec. 17.20.345. Liability of food donor.
(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 food if the injury or death is not a result […]
Sec. 17.20.346. Liability of food bank or charitable organization.
(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) the food bank or charitable organization inspects the food received in […]
Sec. 17.20.347. Definitions.
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, hotel, store, slaughterhouse under state supervision, freight company, distributor, wholesaler, meat […]