1. (a) Except as provided in (g) of this section, the department may at its expense test nonstatistical, nonrepresentative samples of seafood products for compliance with 18 AAC 34.122, for the presence of other marine toxins, for the presence of heavy metals, or for the presence of other contaminants of public health significance. A processor may not charge the department more than the average wholesale market price for a sample.
2. (b) The department will test live or shucked shellfish and snails for compliance with 18 AAC 34.122(9). Shellfish and snails must be held by the processor until notified by the department that the seafood meets the standards of 18 AAC 34.122(9).
3. (c) The department will, if requested by the processor and in the department's discretion, conduct tests on seafood products, including seafood products to be exported, or new seafood products being developed, subject to the fee required by 18 AAC 34.905.

4. (d) A processor producing a refrigerated or frozen ready-to-eat product shall submit to a qualified laboratory 12 random product samples from the first lot produced each calendar year. In addition,

   1. (1) the processor shall hold the lot and may release the lot only when results show the product samples meet the standards of 18 AAC 34.122(a)(2)(A) and (B); and
   2. (2) the processor shall immediately notify the department of a result that does not meet the standards of 18 AAC 34.122(a)(2)(A) and (B).
5. (e) Repealed 8/21/2019.
6. (f) A processor who uses sodium nitrite, sodium nitrate, or potassium nitrate in a seafood product intended for the domestic market shall submit to a qualified laboratory a sample for testing from the first lot produced in each calendar year. A seafood product containing sodium nitrite, sodium nitrate, or potassium nitrate must meet the applicable standards in 18 AAC 34.122 and the applicable requirements of 21 C.F.R. 172.160, 21 C.F.R. 172.170, or 21 C.F.R. 172.175, adopted by reference in 18 AAC 34.010.
7. (g) Products that are thermally processed by a processor covered under the Salmon Control Plan are exempt from the requirements of (a) of this section. The processor shall, upon request from the department, provide copies of the results of laboratory tests conducted under the Salmon Control Plan to show compliance with 18 AAC 34.122(a)(6).
8. (h) If the department takes a compliance action under 18 AAC 34.940, the processor shall, at the department's request, submit to the department samples of seafood product, food ingredient, or packaging material for further testing subject to the applicable fees required by 18 AAC 34.905. The sample size must be a representative sample of the seafood product, food ingredient, or packaging material as determined using the American National Standard Sampling Procedures and Tables for Inspection by Attributes (1993), adopted by reference in 18 AAC 34.010.

(Eff. 12/18/97, Register 144; am/readopt 12/2/99, Register 152; am 8/6/2006, Register 179; am 8/21/2019, Register 231)

Authority: AS 17.20.005, AS 17.20.072, AS 44.46.020, AS 17.20.065, AS 17.20.180, AS 17.20.070, AS 17.20.200