reglab/statecodes huggingface dataset:
2023 Alaska Statutes › Title 17. Food and Drugs › Chapter 20. Alaska Food, Drug, and Cosmetic Act › Article 4. Cosmetics. › Sec. 17.20.140. Adulterated cosmetics.

A cosmetic is adulterated if
(1) it bears or contains a poisonous or deleterious substance which may render it injurious to a user under the conditions of use prescribed in the labeling or advertisement of it, or under conditions of use which are customary or usual; however, this provision does not apply to coal tar hair dye, the label of which bears the following legend conspicuously displayed: “Caution - this product contains ingredients which may cause skin irritation on certain individuals and a preliminary test according to accompanying directions should first be made. This product must not be used for dyeing the eyelashes or eyebrows; to do so may cause blindness.” and the labeling of which bears adequate directions for preliminary testing, and for the purposes of this paragraph and (5) of this section the term “hair dye” does not include eyelash dyes or eyebrow dyes;
(2) it consists in whole or in part of a filthy, putrid, or decomposed substance;
(3) it has been produced, prepared, packed, or held under insanitary conditions by which it may have become contaminated with filth or made injurious to health;
(4) its container is composed, in whole or in part, of a poisonous or deleterious substance which may make the contents injurious to health;
(5) it is not a hair dye and it bears or contains a coal tar color other than one from a batch which has been certified under authority of the federal act.
2023 Alaska Statutes › Title 17. Food and Drugs › Chapter 20. Alaska Food, Drug, and Cosmetic Act › Article 4. Cosmetics. › Sec. 17.20.150. Misbranded cosmetics.

A cosmetic is misbranded if
(1) its labeling is false or misleading in any particular;
(2) it is in package form unless it bears a label containing (A) the name and place of business of the manufacturer, packer, or distributor; and (B) an accurate statement of the quantity of the contents in terms of weight, measure, or numerical count; however, under (B) of this paragraph reasonable variations shall be permitted, and exemptions as to small packages shall be established by regulations adopted by the department;
(3) a word, statement, or other information required by or under authority of this chapter to appear on the label or labeling is not prominently placed on it with conspicuousness as compared with other words, statements, designs, or devices, in the labeling, and in terms which make it likely to be read and understood by the ordinary individual under customary conditions of purchase and use;
(4) its container is made, formed, or filled so as to be misleading.
2023 Alaska Statutes › Title 17. Food and Drugs › Chapter 20. Alaska Food, Drug, and Cosmetic Act › Article 4. Cosmetics. › Sec. 17.20.152. Enforcement authority.

The commissioner of environmental conservation is responsible for enforcing AS 17.20.140 - 17.20.155, and may delegate that authority as appropriate. This section does not limit the authority of peace officers.
2023 Alaska Statutes › Title 17. Food and Drugs › Chapter 20. Alaska Food, Drug, and Cosmetic Act › Article 5. False Advertising. › Sec. 17.20.170. Specified false advertising.

The advertisement of a drug or device representing that it has an effect on albuminuria, appendicitis, arteriosclerosis, blood poison, bone disease, Bright's disease, cancer, carbuncles, cholecystitis, diabetes, diphtheria, dropsy, erysipelas, gallstones, heart and vascular diseases, high blood pressure, mastoiditis, measles, meningitis, mumps, nephritis, otitis media, paralysis, pneumonia, poliomyelitis (infantile paralysis), prostate gland disorders, pyelitis, scarlet fever, sexual impotence, sinus infection, smallpox, tuberculosis, tumors, typhoid, uremia, or venereal disease is false advertising. An advertisement not in violation of AS 17.20.160 is not false under this section if it is disseminated only to members of the medical, dental, or veterinary profession, or appears only in the scientific periodicals of these professions, or is disseminated only for the purpose of public health education by persons not commercially interested, directly or indirectly, in the sale of the drug or device. However, when the commissioner determines that an advance in medical science has made a self-medication safe as to any of the diseases named in this section, the department shall by regulation authorize the advertisement of drugs having curative or therapeutic effect for the disease, subject to the conditions and restrictions the commissioner considers necessary in the interests of public health. This section shall not be construed as indicating that self-medication for diseases other than those named in this section is safe or efficacious.
2023 Alaska Statutes › Title 17. Food and Drugs › Chapter 20. Alaska Food, Drug, and Cosmetic Act › Article 6. Enforcement. › Sec. 17.20.180. Regulations.

The Department of Environmental Conservation and the Department of Health may adopt regulations for the efficient enforcement of their respective portions of this chapter. Each department may make the regulations conform, in so far as practicable, with those adopted under the federal act.
2023 Alaska Statutes › Title 17. Food and Drugs › Chapter 20. Alaska Food, Drug, and Cosmetic Act › Article 6. Enforcement. › Sec. 17.20.200. Inspections and examinations.

(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 used to transport or hold these foods or cosmetics in commerce, or to an aquatic farm in order to
(1) inspect a factory, warehouse, establishment, vehicle, or aquatic farm to determine if the provisions of the commissioner's respective portions of this chapter are being violated; and
(2) secure samples or specimens of a food, aquatic farm product, or cosmetic.
(b) The commissioner of environmental conservation shall make or have made examinations of samples secured under this section to determine whether or not a provision of the commissioner's respective portions of this chapter is being violated.
(c) The commissioner of health has the same powers and duties with respect to drugs and devices as the commissioner of environmental conservation has with respect to food and cosmetics under (a) and (b) of this section.
2023 Alaska Statutes › Title 17. Food and Drugs › Chapter 20. Alaska Food, Drug, and Cosmetic Act › Article 6. Enforcement. › Sec. 17.20.220. Publication of reports and information.

(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 charge and the disposition of it.
(b) The commissioner of environmental conservation may have disseminated information regarding food and cosmetics which the commissioner considers necessary in the interest of public health and the protection of the consumer against fraud. This section does not prohibit the commissioner from collecting, reporting, and illustrating the results of the commissioner's investigations.
(c) The commissioner of health has the same power with respect to drugs and devices as the commissioner of environmental conservation has with respect to food and cosmetics under (b) of this section.
2023 Alaska Statutes › Title 17. Food and Drugs › Chapter 20. Alaska Food, Drug, and Cosmetic Act › Article 6. Enforcement. › Sec. 17.20.230. Detention or embargo of goods.

(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 appropriate marking, giving notice that it is or is suspected of being adulterated or misbranded and has been detained or embargoed, and warning all persons not to remove or dispose of it by sale or otherwise until permission for removal or disposal is given by the commissioner or the court. A person may not remove or dispose of a detained or embargoed article by sale or otherwise without this permission.
(b) The commissioner of health has the same duty with respect to drugs and devices as the commissioner of environmental conservation has with respect to food and cosmetics under (a) of this section.
2023 Alaska Statutes › Title 17. Food and Drugs › Chapter 20. Alaska Food, Drug, and Cosmetic Act › Article 6. Enforcement. › Sec. 17.20.240. Petition for libel for condemnation.

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 for condemnation of the article. When that commissioner finds that a detained or embargoed article is not adulterated or misbranded, the commissioner shall remove the tag or other marking.
2023 Alaska Statutes › Title 17. Food and Drugs › Chapter 20. Alaska Food, Drug, and Cosmetic Act › Article 6. Enforcement. › Sec. 17.20.250. Destruction of adulterated or misbranded goods.

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 the case may be. Court costs and fees and storage and other proper expenses shall be taxed against the claimant of the article.
2023 Alaska Statutes › Title 17. Food and Drugs › Chapter 20. Alaska Food, Drug, and Cosmetic Act › Article 6. Enforcement. › Sec. 17.20.260. Exemption from destruction.

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 processed has been executed, the court may order that the article be delivered to the claimant for labeling or processing under the supervision of the commissioner of environmental conservation or the commissioner of health, as the case may be. The claimant shall pay the expense of supervision. The bond shall be returned to the claimant of the article on representation to the court by the appropriate commissioner that the article is no longer in violation of this chapter, and that the expenses of supervision have been paid.
2023 Alaska Statutes › Title 17. Food and Drugs › Chapter 20. Alaska Food, Drug, and Cosmetic Act › Article 6. Enforcement. › Sec. 17.20.270. Immediate destruction of contaminated food.

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 otherwise unsafe, is a nuisance. Whenever the commissioner of environmental conservation finds such an article, the commissioner shall immediately condemn or destroy it or in any other manner render it unsalable as human food.
2023 Alaska Statutes › Title 17. Food and Drugs › Chapter 20. Alaska Food, Drug, and Cosmetic Act › Article 6. Enforcement. › Sec. 17.20.280. Injunction proceedings.

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 violating their respective portions of this chapter.
2023 Alaska Statutes › Title 17. Food and Drugs › Chapter 20. Alaska Food, Drug, and Cosmetic Act › Article 7. Prohibited Acts, Penalties, and Liabilities. › 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 that is adulterated or misbranded, and the delivery or proffered delivery of them for pay or otherwise;
(4) the sale, delivery for sale, holding for sale, or offering for sale of an article in violation of AS 17.20.050 - 17.20.070 and 17.20.100;
(5) the dissemination of a false advertisement;
(6) the refusal to permit entry or inspection, or to permit the taking of a sample, as authorized by AS 17.20.200;
(7) the giving of a guaranty or undertaking that is false, except by a person who relied on a guaranty or undertaking to the same effect signed by and containing the name and address of the person residing in the state from whom the person who relied on the guarantee or undertaking received the food, drug, device, or cosmetic in good faith;
(8) the removal or disposal of a detained or embargoed article in violation of AS 17.20.230 - 17.20.270;
(9) the alteration, mutilation, destruction, obliteration, or removal of the whole or part of the labeling of, or the doing of any other act with respect to, a food, drug, device, or cosmetic, if the act is done while the article is held for sale and results in the article being misbranded;
(10) forging, counterfeiting, simulating, or falsely representing, or without proper authority using a mark, stamp, tag, label, or other identification device authorized or required by regulations adopted under AS 17.20.230 - 17.20.270;
(11) the using, on the labeling of a drug or in an advertisement relating to a drug, of a representation or suggestion that an application with respect to the drug is effective under AS 17.20.110 or that the drug complies with the provisions of that section;
(12) the sale or offering for sale of frozen fish as fresh fish;
(13) the improper labeling and drug substitution by pharmacists under AS 17.20.105.
(b) The commissioner of environmental conservation or a designee of the commissioner is responsible for enforcing the provisions of (a)(1) - (10) of this section, if the subject of the prohibited act involves food or cosmetics, and the provisions of (a)(12) of this section. This subsection does not limit the authority of peace officers.
(c) The commissioner of health or a designee of the commissioner is responsible for enforcing the provisions of (a)(1) - (10) of this section, if the subject of the prohibited act involves drugs or devices, and the provisions of (a)(11) and (13) of this section. This subsection does not limit the authority of peace officers.
2023 Alaska Statutes › Title 17. Food and Drugs › Chapter 20. Alaska Food, Drug, and Cosmetic Act › Article 7. Prohibited Acts, Penalties, and Liabilities. › 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 combination of them, and the extent to which the labeling or advertisement fails to reveal facts material in the light of the representations or material with respect to consequences that may result from the use of the article to which the labeling or advertisement relates under the conditions of use prescribed in the labeling or advertisement or under customary or usual conditions of use.
2023 Alaska Statutes › Title 17. Food and Drugs › Chapter 20. Alaska Food, Drug, and Cosmetic Act › Article 7. Prohibited Acts, Penalties, and Liabilities. › 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 does not prevent imposition of a penalty under AS 45.50.471 - 45.50.561 for the same violation. In this section, “criminal negligence” has the meaning given in AS 11.81.900.
2023 Alaska Statutes › Title 17. Food and Drugs › Chapter 20. Alaska Food, Drug, and Cosmetic Act › Article 7. Prohibited Acts, Penalties, and Liabilities. › 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 that a person may be required to pay under this section. A fine may not exceed $1,000 for each violation.
(c) In this section, “department” means the Department of Environmental Conservation.
2023 Alaska Statutes › Title 17. Food and Drugs › Chapter 20. Alaska Food, Drug, and Cosmetic Act › Article 7. Prohibited Acts, Penalties, and Liabilities. › 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 faith, to the effect that it is not adulterated or misbranded within the meaning of this chapter.
2023 Alaska Statutes › Title 17. Food and Drugs › Chapter 20. Alaska Food, Drug, and Cosmetic Act › Article 7. Prohibited Acts, Penalties, and Liabilities. › 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 medium has refused the request of the commissioner of health or the commissioner of commerce, community, and economic development to furnish the name and post office address of the manufacturer, packer, distributor, seller, or advertising agency residing in the state who caused dissemination of the advertisement.
2023 Alaska Statutes › Title 17. Food and Drugs › Chapter 20. Alaska Food, Drug, and Cosmetic Act › Article 8. General Provisions. › 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.
2023 Alaska Statutes › Title 17. Food and Drugs › Chapter 20. Alaska Food, Drug, and Cosmetic Act › Article 8. General Provisions. › 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 of the gross negligence, recklessness, or intentional misconduct of the donor.
(b) Nothing in this section, AS 17.20.290, 17.20.305, 17.20.315, or AS 45.50.471 - 45.50.561 prohibits the donation by a donor of food apparently fit for human consumption at the time of its donation solely because
(1) the label on the food is missing or the food is otherwise misbranded; this paragraph does not apply to the label required under (d)(2) of this section;
(2) the food, if offered for sale commercially, would not be readily marketable because of appearance or grade, or because it is surplus; or
(3) a date on the food indicating when the food is best eaten by or used by has expired.
(c) A person who donates to a food bank or charitable organization salmon from a hatchery that operates under a permit issued under AS 16.10.400 - 16.10.470 is immune from liability as provided in this section if the salmon is apparently fit for human consumption at the time of its donation, even if the hatchery does not have a permit issued by the Department of Environmental Conservation under this chapter or other statute to process fisheries products for human consumption.
(d) A donor of unsold hot food to a food bank or charitable organization is immune from liability as provided in this section if
(1) at the time the food is donated, the food is apparently fit for human consumption;
(2) the donor labels the food with a statement that reads “This food has been previously heated. Best if kept frozen until ready to eat.”
2023 Alaska Statutes › Title 17. Food and Drugs › Chapter 20. Alaska Food, Drug, and Cosmetic Act › Article 8. General Provisions. › 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 a reasonable manner and finds it to be apparently fit for human consumption at the time of distribution;
(2) the food bank or charitable organization has no actual or constructive knowledge at the time the food is distributed that it is adulterated, tainted, contaminated, or would be harmful to the health or well-being of an individual consuming it; and
(3) the injury or death is not a direct result of the negligence, recklessness, or intentional misconduct of the food bank or charitable organization.
(b) Nothing in this section, AS 17.20.290, 17.20.305, 17.20.315, or AS 45.50.471 - 45.50.561 prohibits the distribution by a food bank or charitable organization of food apparently fit for human consumption at the time of its distribution solely because
(1) the label on the food is missing or the food is otherwise misbranded;
(2) the food, if sold commercially, would not be readily marketable because of appearance or grade, or because it is surplus; or
(3) a date on the food indicating when the food is best eaten by or used by has expired.
2023 Alaska Statutes › Title 17. Food and Drugs › Chapter 20. Alaska Food, Drug, and Cosmetic Act › Article 8. General Provisions. › 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 processor, seafood processor, or similar entity, and a person who acts in a commercial capacity as a manufacturer, packer, processor, bottler, or similar entity, even if that activity is the person's primary activity;
(3) “food” includes unsold hot food;
(4) “food bank” means a nonprofit organization that operates principally to collect, inspect, and salvage donated food for free distribution either to needy persons or to nonprofit organizations for free distribution to needy persons.
(5) “nonprofit organization” means an organization recognized by the state or federal government as a nonprofit organization.
2023 Alaska Statutes › Title 17. Food and Drugs › Chapter 20. Alaska Food, Drug, and Cosmetic Act › Article 8. General Provisions. › Sec. 17.20.350. Report of minor violations.

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 proceedings, when that commissioner believes that the public interest will be adequately served by a suitable written notice or warning.
2023 Alaska Statutes › Title 17. Food and Drugs › Chapter 20. Alaska Food, Drug, and Cosmetic Act › Article 8. General Provisions. › Sec. 17.20.360. Attorney general to prosecute.

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 required by law.
2023 Alaska Statutes › Title 17. Food and Drugs › Chapter 20. Alaska Food, Drug, and Cosmetic Act › Article 8. General Provisions. › Sec. 17.20.365. Additional enforcement powers, penalties, and remedies.

In addition to the enforcement powers, penalties, and remedies available under this chapter, the enforcement powers, penalties, and remedies under AS 45.50.471 - 45.50.561 may be used, where appropriate, to enforce this chapter.
2023 Alaska Statutes › Title 17. Food and Drugs › Chapter 21. Illicit Synthetic Drugs › Sec. 17.21.010. Illicit synthetic drugs.

(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) does not specify the name and place of business of the manufacturer, packer, or distributor; and
(2) the synthetic drug has one or more of the following characteristics:
(A) the packaging or labeling of the synthetic drug suggests that the user will achieve euphoria, a hallucination, mood enhancement, relaxation, stimulation, or another effect on the body;
(B) the name or packaging of the synthetic drug uses images or labels suggesting that it is a controlled substance or has the effect of a controlled substance;
(C) the synthetic drug resembles a controlled substance in appearance, in chemical structure, or composition;
(D) the synthetic drug is marketed or advertised for a particular use or purpose and the cost of the synthetic drug is disproportionately higher than other products marketed or advertised for the same or similar use or purpose;
(E) the synthetic drug contains a warning label stating or suggesting that the synthetic drug is in compliance with state laws regulating controlled substances;
(F) the synthetic drug is a product to which has been added a synthetic chemical or synthetic chemical compound that does not have a legitimate relationship to the advertised use of the product.
(c) It is an affirmative defense to an action for a violation of this section that a product is expressly exempted from or is expressly regulated under and is in compliance with state or federal law. In this subsection, “affirmative defense” has the meaning given in AS 11.81.900.
2023 Alaska Statutes › Title 17. Food and Drugs › Chapter 21. Illicit Synthetic Drugs › Sec. 17.21.020. Exemption.

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 authorized by state or federal law.
2023 Alaska Statutes › Title 17. Food and Drugs › Chapter 21. Illicit Synthetic Drugs › Sec. 17.21.030. Enforcement and penalties.

(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 authority of a peace officer.
(c) A person who violates AS 17.21.010 is guilty of a violation, and, upon conviction, is punishable by a fine of not more than $500.
(d) The provisions of this section are in addition to the remedies available under AS 45.50.471 - 45.50.561.
2023 Alaska Statutes › Title 17. Food and Drugs › Chapter 21. Illicit Synthetic Drugs › Sec. 17.21.090. Definitions.

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 introduced into the human body, to mimic or simulate the effect of a drug or controlled substance;
(B) in the form of
(i) a crystalline or powder product in crystalline, loose powder, block, tablet, or capsule form; or
(ii) plant material in granular, loose leaf, powder, or liquid form or used as a food additive; and
(C) not a controlled substance.
2023 Alaska Statutes › Title 17. Food and Drugs › Chapter 22. Use of Epinephrine in Emergency Situations › Sec. 17.22.010. Prescription, purchase, and administration of epinephrine by a trained individual.

An individual who is 18 years of age or older may obtain a prescription for, purchase, and, in an emergency situation, administer epinephrine using
(1) an auto-injector, if the individual has successfully completed a training program approved by the department under AS 17.22.020(b); or
(2) an ampule, if the individual has successfully completed a training program approved by the department under AS 17.22.020(c).
2023 Alaska Statutes › Title 17. Food and Drugs › Chapter 22. Use of Epinephrine in Emergency Situations › Sec. 17.22.020. Approval of training programs.

(a) The department shall adopt standards for the approval of training programs for the use of
(1) epinephrine auto-injectors; and
(2) epinephrine ampules.
(b) The department shall approve an auto-injector training program that meets standards adopted under (a)(1) of this section. The standards must require an epinephrine auto-injector program to provide training in
(1) techniques on how to recognize symptoms of severe asthmatic or allergic reactions, including anaphylaxis;
(2) standards and procedures for the storage of epinephrine auto-injectors and administration of epinephrine using auto-injectors; and
(3) emergency follow-up procedures.
(c) The department shall approve an epinephrine ampule training program that meets standards adopted under (a)(2) of this section. The standards must require an epinephrine ampule program to provide training in
(1) techniques on how to recognize symptoms of severe asthmatic or allergic reactions, including anaphylaxis;
(2) standards and procedures for the storage of epinephrine ampules and administration of epinephrine using ampules; and
(3) emergency follow-up procedures.
2023 Alaska Statutes › Title 17. Food and Drugs › Chapter 22. Use of Epinephrine in Emergency Situations › Sec. 17.22.040. Liability of certified individual.

A claim for relief may not be brought against an individual who has successfully completed a training program approved by the department under AS 17.22.020 for an act or omission relating to the administration of epinephrine to another individual in an emergency situation if the individual who completed the training program acted in good faith under the authority granted by this chapter.
2023 Alaska Statutes › Title 17. Food and Drugs › Chapter 22. Use of Epinephrine in Emergency Situations › Sec. 17.22.090. Definitions.

In this chapter,
(1) “department” means the Department of Health;
(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 avoid severe injury or death and where a certified or licensed health care provider authorized to administer epinephrine is not reasonably available.
2023 Alaska Statutes › Title 17. Food and Drugs › Chapter 30. Controlled Substances › Article 1. Regulation of Manufacture, Distribution, Prescription, and Dispensing of Controlled Substances. › Sec. 17.30.020. Registration requirements; inspections.

(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 (Controlled Substances Act), and the regulations adopted under those sections.
(b) A person registered under federal law to manufacture, distribute, dispense, or conduct research with controlled substances in the state may possess, manufacture, distribute, dispense, or conduct research with those substances to the extent authorized by the person's registration and in conformity with the other provisions of this chapter.
(c) [Repealed, § 22 ch 146 SLA 1986.]
(d) [Repealed, § 22 ch 146 SLA 1986.]
(e) [Repealed, § 22 ch 146 SLA 1986.]
(f) A peace officer may enter a registrant's premises at reasonable times and in a reasonable manner to inspect the premises and records required to be maintained under federal law. An inspection may not extend to financial data, pricing data, or sales data, other than shipment data, unless the owner, operator, or agent in charge of the premises consents.
(g) Upon request from a peace officer, a person who manufactures, distributes, dispenses, or conducts research with a controlled substance in the state shall provide evidence of current registration under 21 U.S.C. 811 - 830 (Controlled Substances Act) and the regulations adopted under those sections.
2023 Alaska Statutes › Title 17. Food and Drugs › Chapter 30. Controlled Substances › Article 1. Regulation of Manufacture, Distribution, Prescription, and Dispensing of Controlled Substances. › Sec. 17.30.060. Records of registrants.

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.
2023 Alaska Statutes › Title 17. Food and Drugs › Chapter 30. Controlled Substances › Article 1. Regulation of Manufacture, Distribution, Prescription, and Dispensing of Controlled Substances. › Sec. 17.30.070. Order forms; prescriptions.

(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 requirements regarding prescriptions for controlled substances.
(c) If the classification of a controlled substance in a schedule set out in AS 11.71.140 - 11.71.190 is different from its corresponding classification under federal law, the requirements of (a) and (b) of this section are determined by the classification of the substance under federal law.
2023 Alaska Statutes › Title 17. Food and Drugs › Chapter 30. Controlled Substances › Article 1. Regulation of Manufacture, Distribution, Prescription, and Dispensing of Controlled Substances. › Sec. 17.30.080. Unlawful administration, prescription, and dispensation of controlled substances.

(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 manufactures, distributes, dispenses, or conducts research with a controlled substance in the state without fully complying with 21 U.S.C. 811 - 830 (Controlled Substances Act), and regulations adopted under those sections, is guilty of misconduct involving a controlled substance under AS 11.71.010 - 11.71.060 in the degree appropriate to the circumstances as described in those sections. Upon filing a complaint, information, presentment, or indictment charging a medical assistance provider with misconduct involving a controlled substance under AS 11.71.140 - 11.71.190, the attorney general shall, in writing, notify the commissioner of health of the filing.
(c) Upon receiving a notice from the attorney general under (b) of this section, the commissioner of health shall immediately undertake a review of all unpaid claims or requests for reimbursements attributable to services claimed to have been provided by the person charged.
(d) In this section,
(1) “claims” has the meaning given in AS 47.05.290;
(2) “medical assistance provider” has the meaning given in AS 47.05.290;
(3) “medical purpose” means a purpose that is solely medical as opposed to any other purpose, that is reasonably necessary for treatment of a person's illness, injury, or physical or mental health, and that is provided by a practitioner while acting within the usual course of professional practice or research and in accordance with a standard of care generally recognized and accepted within the medical profession in the United States;
(4) “practitioner” has the meaning given in AS 11.71.900.
2023 Alaska Statutes › Title 17. Food and Drugs › Chapter 30. Controlled Substances › Article 1. Regulation of Manufacture, Distribution, Prescription, and Dispensing of Controlled Substances. › Sec. 17.30.090. Sale or purchase of certain listed chemicals.

(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 that sale or purchase complies with and meets the requirements of P.L. 109-177, 120 Stat. 192, with regard to amounts, identification required, storage, access and availability, and logbooks. A seller, retailer, or vendor shall maintain the logbook for the period required under P.L. 109-177, 120 Stat. 192, and shall allow law enforcement officers access to the logbook. Each seller, retailer, and vendor shall provide training to the seller's, retailer's, or vendor's employees and agents in the requirements of this section. The Department of Public Safety shall provide assistance and information to sellers, retailers, and vendors to meet the requirements of this section.
(b) A seller, retailer, or vendor may not sell to a person under 16 years of age and a person under 16 years of age may not purchase a product or substance identified in (a) of this section.
(c) Nothing in this section limits the authority of a seller, retailer, or vendor regulated by this section to report to a law enforcement agency or officer suspicious purchases of a chemical, product, or substance. A seller, retailer, or vendor is not liable in a civil action for release of information to a law enforcement agency concerning matters related to this section.
(d) A seller, retailer, or vendor does not violate this section if the seller, retailer, or vendor proves by a preponderance of the evidence that the seller, retailer, or vendor
(1) exercised the degree of care of a reasonable employer to ensure compliance with (a) - (c) of this section; and
(2) determined that the employees and agents of the seller, retailer, or vendor had been notified of the requirements of this section by
(A) securing each employee's or agent's written acknowledgment of notification of those requirements; or
(B) making another appropriate determination.
(e) A person who violates this section shall forfeit and pay to the state a civil penalty of not more than $10,000 for each violation.
2023 Alaska Statutes › Title 17. Food and Drugs › Chapter 30. Controlled Substances › Article 2. Enforcement and Forfeiture. › Sec. 17.30.100. Powers of the Department of Public Safety.

(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. Under this section, the powers of the commissioner of public safety include the following:
(1) arranging for the exchange of information among government officials concerning illicit traffic in and abuse of controlled substances;
(2) coordinating training programs pertaining to controlled substances at both local and state levels;
(3) cooperating with the Drug Enforcement Administration of the United States Department of Justice by establishing a centralized unit to accept, catalog, file, and collect statistics, including records of persons who have violated the provisions of this chapter or AS 11.71 in the state and making the information available for federal, state, and local law enforcement purposes; and
(4) instituting in the superior court actions for injunctions against continued manufacture, distribution, dispensation, or research with a controlled substance in the state by a person who violates 21 U.S.C. 811 - 830 (Controlled Substances Act) or the regulations adopted under those sections.
(b) The commissioner of public safety may not furnish the name or identity of a patient or research subject whose identity could not be obtained under AS 17.30.155.
(c) The Department of Public Safety, in accordance with AS 37.07 (the Executive Budget Act), may apply for and accept money necessary to exchange information concerning narcotics trafficking between the states, or otherwise related to the enforcement of AS 11.71 or AS 11.73.
(d) The Department of Public Safety or a local law enforcement agency may accept from the United States Attorney General property, including money, that is forfeited under 21 U.S.C. 881 (the Controlled Substances Act). The Department of Public Safety and local law enforcement agencies shall, in accordance with 21 U.S.C. 881 (e) and regulations and policies adopted under that section, use property and the proceeds of property obtained under this subsection in the enforcement of this chapter, AS 11.71, and municipal ordinances substantially similar to this chapter and AS 11.71.
2023 Alaska Statutes › Title 17. Food and Drugs › Chapter 30. Controlled Substances › Article 2. Enforcement and Forfeiture. › Sec. 17.30.110. Items subject to forfeiture.

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 manufacturing, distributing, compounding, processing, delivering, importing, or exporting a controlled substance that is a felony under this chapter or AS 11.71;
(3) property that is used or intended for use as a container for property described in (1) or (2) of this section;
(4) a conveyance, including but not limited to aircraft, vehicles, or vessels, that has been used or is intended for use in transporting or in any manner in facilitating the transportation, sale, receipt, possession, or concealment of property described in (1) or (2) of this section in violation of a felony offense under this chapter or AS 11.71; however,
(A) a conveyance may not be forfeited under this paragraph if the owner of the conveyance establishes, by a preponderance of the evidence, at a hearing before the court as the trier of fact, that use of the conveyance in violation of this chapter or AS 11.71 was committed by another person and that the owner was neither a consenting party nor privy to the violation;
(B) a forfeiture of a conveyance encumbered by a valid security interest at the time of seizure is subject to the interest of the secured party if the secured party establishes, by a preponderance of the evidence, at a hearing before the court as the trier of fact, that use of the conveyance in violation of this chapter or AS 11.71 was committed by another person and that the secured party was neither a consenting party nor privy to the violation;
(5) books, records, and research products and materials, including formulas, microfilm, tapes, and data, that are used in violation of this chapter or AS 11.71;
(6) money, securities, negotiable instruments, or other things of value used in financial transactions derived from activity prohibited by this chapter or AS 11.71; and
(7) a firearm that is visible, carried during, or used in furtherance of a violation of this chapter or AS 11.71.
2023 Alaska Statutes › Title 17. Food and Drugs › Chapter 30. Controlled Substances › Article 2. Enforcement and Forfeiture. › Sec. 17.30.112. Proceedings resulting in forfeiture.

(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 finds that an item specified in AS 17.30.110 was used during or in aid of a violation of this chapter or AS 11.71.
(b) It is not a defense in an in rem proceeding brought under this section that a criminal proceeding has resulted in a conviction or conviction of a lesser offense for a violation of this chapter or AS 11.71.
(c) When forfeiting property under (a) of this section, a court may award to a municipal law enforcement agency that participated in the arrest or conviction of the defendant, the seizure of property, or the identification of property for seizure, (1) the property if the property is worth $5,000 or less and is not money or some other thing that is divisible, or (2) up to 75 percent of the property or the value of the property if the property is worth more than $5,000 or is money or some other thing that is divisible. In determining the percentage a municipal law enforcement agency may receive under this subsection, the court shall consider the municipal law enforcement agency's total involvement in the case relative to the involvement of the state.