(a)

1. (1) Whenever the State Health Officer is satisfied that there is good reason to believe that any importation originating from any foreign country is being made, or is about to be made into Arkansas, of any article used for human food or drink that is adulterated to an extent dangerous to the health or welfare of the citizens of Arkansas, or any of them, he or she may issue an order requiring the distributor and/or the retailer to test a representative sample of the article by utilizing a private laboratory to ensure its safety and purity.
2. (2) This part will apply to all distributors and retailers that deliver food in Arkansas for human consumption.

3. (3) The State Health Officer shall direct in his or her order:

   1. (A) The food article to be tested;
   2. (B) The substances to be tested for;
   3. (C) The sampling methodology to be used to ensure an adequate representative sample is tested; and
   4. (D) Additional directives as determined by the State Health Officer.
4. (4) To the extent practicable, sampling methodology shall be consistent with the methodology utilized by the United States Food and Drug Administration.
5. (5) Private laboratories shall utilize testing methodologies equivalent to those testing procedures utilized by the United States Food and Drug Administration.
6. (6) Any food found to contain a substance in a quantity that would deem it adulterated by the standards adopted by the United States Food and Drug Administration shall not be distributed, sold, or moved until the Department of Health allows such activity.
7. (7) The private laboratory shall certify the sample to be pure and unadulterated before the food is released for distribution in Arkansas.
8. (8) All test results that indicate a substance in a quantity that would deem the sample adulterated by the standards adopted by the United States Food and Drug Administration shall be forwarded to the department within three (3) business days.
9. (9) Quality control procedures employed by the private laboratory shall be made available to the department upon request.