(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.
(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).
(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.
(d) To show compliance with
18 AAC 34.122(3),
a processor using a process that has not been approved by the department for a
refrigerated or frozen ready-to-eat product shall submit samples of the product
to a qualified laboratory as follows:
(1)
three product samples from every production lot; each lot of product must be
held by the processor until testing and approval by the department allows
release; and
(2) after six
consecutively acceptable lot samples under (1) of this subsection are obtained,
one product sample from the first lot produced each month; the processor may
release a lot of product after submitting a product sample from that
lot.
(e) Except as
provided in (g) of this section, to show compliance with
18 AAC 34.122(6),
a processor producing a shelf-stable seafood product, shall submit samples of
the product to a qualified laboratory as follows:
(1) three product samples from every
production lot; each lot of product must be held by the processor until testing
and approval by the department allows release; and
(2) after six consecutively acceptable lot
samples under (1) of this subsection are obtained, one product sample from the
first lot produced each month; the processor may release a lot of product after
submitting a product sample from that lot.
(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 or other commercial
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. In addition, if the
product is a smoked or smoke-flavored product, it must meet the requirements of
18 AAC 34.310(d).
If a sample is submitted to a commercial laboratory that is not a qualified
laboratory, the department will not accept the sample unless the commercial
laboratory tests the sample
(1) using AOAC
official method 935.48, when testing for sodium nitrate or potassium nitrate;
and
(2) using AOAC official method
973.31, when testing for sodium nitrite.
(g) Products that are thermally processed by
a processor covered under the Salmon Control Plan are exempt from the
requirements of (a) and (e) 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(6).
(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.
